Order Code RL34540
Commerce, Justice, Science and Related
Agencies: FY2009 Appropriations
Updated July 11, 2008
William J. Krouse, Coordinator
Domestic Social Policy Division
Edward Vincent Murphy, Coordinator
Government and Finance Division
The annual consideration of appropriations bills (regular, continuing, and supplemental) by
Congress is part of a complex set of budget processes that also encompasses the
consideration of budget resolutions, revenue and debt-limit legislation, other spending
measures, and reconciliation bills. In addition, the operation of programs and the spending
of appropriated funds are subject to constraints established in authorizing statutes.
Congressional action on the budget for a fiscal year usually begins following the submission
of the President’s budget at the beginning of each annual session of Congress.
Congressional practices governing the consideration of appropriations and other budgetary
measures are rooted in the Constitution, the standing rules of the House and Senate, and
statutes, such as the Congressional Budget and Impoundment Control Act of 1974.
This report is a guide to one of the regular appropriations bills that Congress considers each
year. It is designed to supplement the information provided by the House and Senate
Appropriations Subcommittees on Commerce, Justice, Science, and Related Agencies. It
summarizes the status of the bill, its scope, major issues, funding levels, and related
congressional activity, and is updated as events warrant. The report lists the key CRS staff
relevant to the issues covered and related CRS products.
NOTE: A Web version of this document with active links is
available to congressional staff at [http://apps.crs.gov/cli/cli.aspx?
PRDS_CLI_ITEM_ID=2347&from=3&fromId=73].
Commerce, Justice, Science and Related Agencies:
FY2009 Appropriations
Summary
This report monitors actions taken by the 110th Congress for the FY2009
Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill. On
June 25, 2008, the House Appropriations Committee approved a draft FY2009 CJS
appropriations bill that would provide $59.657 billion, or $5.02 billion greater than
the FY2008 enacted amount of $54.637 billion (a 9.2% increase), not counting the
recently enacted Supplemental Appropriations Act, 2008 (P.L. 110-252; H.R. 2642).
On June 19, 2008, the Senate Appropriations Committee reported a comparable
FY2009 spending bill (S. 3182; S.Rept. 110-397) that would provide $60.724 billion,
or $6.087 billion greater than the FY2008 enacted level (an 11.1% increase).
The Administration’s FY2009 request initially included $56.563 billion for
those departments and agencies funded through the CJS appropriations bill, or $1.926
billion greater than the FY2008 enacted level (a 3.5% increase). For the Department
of Commerce, the FY2009 request included $8.217 billion, or $1.360 billion greater
than the enacted FY2008 level (a 19.8% increase). Nevertheless, the Census Bureau
is facing substantial funding shortfalls due to equipment failures associated with the
2010 decennial census. As a result, the Administration submitted an FY2009 budget
amendment that requests an additional $546 million for the 2010 Census for FY2009,
partly offset by cancelling $111 million in other Commerce accounts and shifting
amounts within the Census Bureau account. The House draft bill would provide
$8.707 billion for Commerce (a 27% increase), including $2.605 billion for Census.
The Senate-reported bill would provide $9.402 billion for Commerce (a 37.1%
increase), including $3.151 billion for Census.
For the DOJ, the FY2009 request includes $23.089 billion, or $503 million less
than the enacted FY2008 level (a 2.1% decrease). This decrease largely reflects a
proposed $1.5 billion cut in law enforcement assistance provided through DOJ’s
Office of Justice Programs. The FY2008 request, however, also includes increases
of $492.7 million for national security investigations, $100 million for a Southwest
border crime fighting initiative, and $67.1 million to support essential federal
detention and incarceration programs. For Justice, the House draft bill would provide
$25.439 billion (a 7.8% increase) and the Senate-reported bill, $25.779 billion (a
9.3% increase). Both bills include increased funding for law enforcement assistance.
For science agencies, the FY2009 request includes $24.474 billion, or $1.094
billion more than the enacted FY2008 level (a 4.7% increase). The House draft bill
includes $24.628 billion (a 5.3% increase) for science agencies, the Senate-reported
bill, $24.673 billion (a 5.5% increase). For related agencies, the FY2009 request
includes $784 million, or nearly $24.8 million less than the enacted FY2008 level (a
3.1% decrease). The House draft bill includes $833.1 million (a 9.2% increase) for
related agencies, the Senate reported bill, $869.4 million (an 11.1% increase). As
noted above, Congress also passed a Supplemental Appropriations Act, 2008 (P.L.
110-252) that provides additional FY2008 funding for the Census Bureau ($210
million), the Department of Justice (DOJ) ($449 million), and science agencies ($125
million). This report will be updated to reflect legislative action.
CRS Key Policy Staff on CJS Appropriations
Area of Expertise
Name
Telephone
E-Mail
Departments
Celinda Franco
7-7360
cfranco@crs.loc.gov
Department of Justice
William J. Krouse
7-2225
wkrouse@crs.loc.gov
Edward Vincent
Department of Commerce
7-6201
tmurphy@crs.loc.gov
Murphy
Agencies and Policy Areas
Office of Justice Programs
Nathan James
7-0264
njames@crs.loc.gov
Trade-related agencies:
M. Angeles Villarreal
7-0321
avillarreal@crs.loc.gov
ITA, ITC, USTR, NIPLECC
BIS
Ian F. Fergusson
7-4997
ifergusson@crs.loc.gov
EDA
Eugene Boyd
7-8689
eboyd@crs.loc.gov
Edward Vincent
MBDA
7-6201
tmurphy@crs.loc.gov
Murphy
Telecommunications, NTIA
Glenn J. McLoughlin
7-7073
gmcloughlin@crs.loc.gov
Bureau of the Census
Royce Crocker
7-7871
rcrocker@crs.loc.gov
Patent and Trademark Office,
Wendy H. Schacht
7-7066
wschacht@crs.loc.gov
NIST, Technology Administration
Office of Science and Technology Dana A. Shea
7-6844
dshea@crs.loc.gov
Policy
NOAA
Wayne A. Morrissey
7-7072
wmorrissey@crs.loc.gov
NASA
Daniel Morgan
7-5849
dmorgan@crs.loc.gov
NSF
Christine M. Matthews
7-7055
cmatthews@crs.loc.gov
Marine Mammal Commission
Eugene H. Buck
7-7262
gbuck@crs.loc.gov
Equal Employment Opportunity
Linda Levine
7-7756
llevine@crs.loc.gov
Commission
Abigail B. Rudman
7-9519
arudman@crs.loc.gov
Legal Services Corporation
Carmen Solomon-Fears
7-7306
csolomonfears@crs.loc.gov
U.S. Commission on Civil Rights
Garrine P. Laney
7-2518
glaney@crs.loc.gov
State Justice Institute
Denis Steven Rutkus
7-7162
srutkus@crs.loc.gov
Contents
Most Recent Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Overview of FY2009 CJS Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
FY2009 Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
FY2009 House Appropriations Committee-Approved Draft Bill . . . . . . . . . . . . 3
FY2009 Senate-Reported Bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Synopsis of Enacted FY2008 Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Funding Trends, FY2002-FY2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Survey of Selected Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Department of Commerce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Department of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Science Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Related Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Department of Commerce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
International Trade Administration (ITA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Bureau of Industry and Security (BIS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Economic Development Administration (EDA) . . . . . . . . . . . . . . . . . . . . . . . . 14
Minority Business Development Agency (MBDA) . . . . . . . . . . . . . . . . . . . . . . 17
Economic and Statistics Administration (ESA) . . . . . . . . . . . . . . . . . . . . . . . . . 17
U.S. Census Bureau (Census) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
National Telecommunications and Information Administration (NTIA) . . . . . 20
U.S. Patent and Trademark Office (USPTO) . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
National Institute of Standards and Technology (NIST) . . . . . . . . . . . . . . . . . . 22
National Oceanic and Atmospheric Administration (NOAA) . . . . . . . . . . . . . . 24
The President’s FY2009 Budget Request . . . . . . . . . . . . . . . . . . . . . . . . . 26
House Appropriations Committee Recommendations . . . . . . . . . . . . . . . . 26
Senate Appropriations Committee Recommendations . . . . . . . . . . . . . . . 26
Department of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
FY2009 Budget Request and Congressional Action . . . . . . . . . . . . . . . . . 29
FY2008 Supplemental Funding Request and Congressional Action . . . . . 32
General Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
General Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Administrative Review and Appeals (ARA) . . . . . . . . . . . . . . . . . . . . . . . 33
Federal Office of Detention Trustee (OFDT) . . . . . . . . . . . . . . . . . . . . . . 33
Office of the Inspector General (OIG) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
U.S. Parole Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Legal Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
General Legal Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Office of the U.S. Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
U.S. Marshals Service (USMS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Other Legal Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
National Security Division (NSD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Interagency Law Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Federal Bureau of Investigation (FBI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Drug Enforcement Administration (DEA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) . . . . . . . . . . . . . 37
Federal Prison System (Bureau of Prisons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Office on Violence Against Women . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Office of Justice Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Justice Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
State and Local Law Enforcement Assistance . . . . . . . . . . . . . . . . . . . . . . 40
Weed and Seed Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Community Oriented Policing Services . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Juvenile Justice Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Public Safety Officers Benefits Program . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Salaries and Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Science Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Office of Science and Technology Policy (OSTP) . . . . . . . . . . . . . . . . . . . . . . 43
National Aeronautics and Space Administration (NASA) . . . . . . . . . . . . . . . . 44
National Science Foundation (NSF) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Related Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Commission on Civil Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Equal Employment Opportunity Commission (EEOC) . . . . . . . . . . . . . . . . . . . 53
U.S. International Trade Commission (ITC) . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Legal Services Corporation (LSC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Marine Mammal Commission (MMC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
National Veterans Business Development Corporation (VBC) . . . . . . . . . . . . . 56
Office of the U.S. Trade Representative (USTR) . . . . . . . . . . . . . . . . . . . . . . . 56
State Justice Institute (SJI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
List of Tables
Table 1. Legislative Status of CJS Appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Table 2. CJS Appropriations, FY2008 Enacted and FY2009 Proposed . . . . . . . . . . . 2
Table 3. Funding Trends for CJS Departments and Agencies, FY2002-FY2008 . . . 5
Table 4. Funding for the Department of Commerce . . . . . . . . . . . . . . . . . . . . . . . . 11
Table 5. NOAA Appropriations For FY2008, the FY2009 Request,
and Congressional Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Table 6. Funding for the Department of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Table 7. FY2008 Supplemental Funding for the Department of Justice . . . . . . . . . 31
Table 8. Funding for Science Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Table 9. Funding for NASA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Table 10. National Science Foundation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Table 11. Funding for CJS Related Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Table 12. CJS Appropriations by Account, FY2008 Enacted
and FY2009 Proposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Commerce, Justice, Science and Related
Agencies: FY2009 Appropriations
Most Recent Developments
On June 25, 2008, the House Appropriations Committee approved a draft FY2009
Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill that would
provide $59.657 billion ($56.858 billion in discretionary funding). The House
committee-approved draft bill includes $8.707 billion for the Department of Commerce
(DOC), $25.439 billion for the Department of Justice (DOJ), $17.769 billion for the
National Aeronautics and Space Administration (NASA), $6.854 billion for the National
Science Foundation (NSF), among other amounts.
On June 19, 2008, the Senate Appropriations Committee reported an FY2009 CJS
appropriations bill (S. 3182; S.Rept. 110-397) that would provide $60.724 billion. The
Senate-reported bill includes $9.402 billion for DOC, $25.779 billion for DOJ, $17.814
billion for NASA, $6.854 billion for NSF, among other amounts.
Table 1. Legislative Status of CJS Appropriations
Subcommittee
Conference Report
Markup
House
Senate
House
Senate
Public
Committee Committee Passage
Passage
Law
S. 3182
House
Senate
House
Senate
Passage
Passage
06/12/08 06/18/08
Approved
Approved
06/25/08;
06/19/08;
Draft
Filed
Bill
06/23/08
S.Rept. 110-
397
Also, on June 26, 2008, the Supplemental Appropriations Act, 2008 (H.R. 2642)
was cleared by Congress, following an exchange of amendments that resolved
differences (principally related to domestic spending) in previous House- and Senate-
passed versions of this bill. For DOJ, the Administration had requested $185.8
million for DOJ in FY2008 supplemental funding for counterterrorism-related
activities and programs. The President signed H.R. 2642 into law on June 30, 2008
(P.L. 110-252). For FY2008, this act provides the Census Bureau with an additional
$210 million, DOJ with $449 million, NASA with $62.5 million, and NSF with
$62.5 million.
CRS-2
Overview of FY2009 CJS Appropriations
FY2009 Request
As Table 2 shows, the Administration’s FY2009 request originally included
$56.563 billion for those departments and agencies funded through the CJS
appropriation, or $1.926 billion more than the enacted FY2008 appropriation of
$54.637 billion (a 3.5% increase). On June 9, 2008, however, the Administration
submitted an FY2009 budget amendment to Congress for the DOC that addresses
difficulties associated with the 2010 decennial census that have been encountered by
the Census Bureau. This amendment requests an additional $546 million for the
2010 Census, partly offset by $111 million in reductions in other DOC programs and
by shifting other amounts within the Census Bureau account. The House CJS
subcommittee chair, Representative Alan Mollohan, observed that the budget
amendment came too late for the subcommittee to consider it before the scheduled
June 12, 2008, markup.
Table 2. CJS Appropriations, FY2008 Enacted
and FY2009 Proposed
(budget authority in millions of dollars)
Departments
FY2008
FY2009
House
House-
Senate-
Senate-
FY2009
and Related
Enacted
Requestb
Draft Bill
Passed
Reported
Passed
Final
Agencies
Department of
Commerce
6,856.5
8,216.5b
8,706.9
9,402.4
Department of
Justice
23,591.9a
23,088.9
25,438.8
25,778.6
Science Agencies 23,379.6
24,473.5
24,628.4
24,673.3
Related Agencies
808.8
784.0
883.1
869.4
Total 54,636.8a
56,563.0
59,657.1
60,723.6
Sources: House Appropriations Committee Print on the Consolidated Appropriations Act, 2008 (H.R. 2764/P.L.
110-161); Budget of the United States Government, Fiscal Year 2009 — Appendix; House Appropriations Committee-
approved draft bill and report; and S. 3182 (S.Rept. 110-397).
Note: Amounts may not total due to rounding.
a. The Consolidated Appropriations Act, 2008 (P.L. 110-161) includes $285.5 million in emergency spending for
the Department of Justice.
b. On June 9, 2008, the Department of Commerce submitted an FY2009 budget amendment to Congress that
substantially changed the amount requested for the Department of Commerce. See Table 4.
Neither the House nor the Senate incorporated the Administration’s budget
amendment into the tables in the legislative reports accompanying the House draft
and Senate-reported CJS appropriations bills. As a consequence, with the exception
of Table 4 on Commerce, the tables in this report do not reflect the FY2009 budget
amendment. Nor do the tables in this report include the amounts provided for
FY2008 to CJS departments and agencies by the Supplemental Appropriations Act,
2008 (P.L. 110-252).
CRS-3
For Commerce, nonetheless, the Administration’s FY2009 request initially
included $8.217 billion, or $1.360 billion more than the enacted FY2008 level (a
19.8% increase). This increase included an additional $1.374 billion for Bureau of
the Census, but also included decreases of $147.1 million (-52.6%) for the Economic
Development Administration and $17.1 million (-47.1%) for the National
Telecommunications and Information Administration.
For Justice, the President’s FY2009 budget request includes $23.089 billion, or
$502.8 million less than the enacted FY2008 level (a 2.1% decrease). This decrease
largely reflects proposed reductions in state and local law enforcement assistance.
The FY2009 request, for example, includes $792.7 million for the Office of Justice
Programs (OJP), or nearly $1.489 billion less than the FY2008 enacted level of
$2.282 billion (a 65.3% decrease). And, the FY2009 request includes $280 million
for the Office of Violence Against Women (OVW), or a proposed reduction of $120
million less than the FY2008 enacted level of $400 million (a 30% decrease).
Conversely, the FY2009 request includes new funding of $492.7 million for national
security investigations, $100 million for a Southwest border crime fighting initiative,
and $67.1 million to support essential federal detention and incarceration programs.
For science agencies, the FY2009 request includes $24.474 billion, or $1.094
billion more than the enacted FY2008 level (a 4.7% increase). Among other things,
the FY2009 request includes $396.8 million for the NSF and the National
Nanotechnology Initiative.
For related agencies, the FY2009 request includes $784 million, or nearly $24.8
million less than the enacted FY2008 level (a 3.1% decrease). The Legal Services
Commission would absorb the bulk of this decrease, as the FY2009 budget request
for the commission only includes $311 million, a reduction of $39.5 million, as
compared to the commission’s enacted FY2008 appropriation (an 11.3% decrease).
FY2009 House Appropriations Committee-Approved Draft Bill
The House Appropriations Committee approved a draft FY2009 spending
measure that would provide CJS departments and agencies with $59.657 billion, a
9.2% increase over the FY2008 enacted level and a 5.5% increase over the FY2009
request. For Commerce, this measure includes $8.7 billion, a 27% increase over the
FY2007 enacted level and a 6% increase over the FY2009 request. The House draft
bill includes $2.605 billion for the Census Bureau, the same amount as originally
requested by the Administration (a 111.7% increase over the FY2008 enacted level).
The draft bill also includes $4.253 billion for the National Oceanic and Atmospheric
Administration (NOAA) and $816.7 million for National Institute of Standards and
Technology (NIST).
For Justice, the draft bill would provide $25.439 billion, a 7.8% increase over
the FY2008 enacted level and a 10.2% over the FY2009 request. This amount
includes $7.108 billion for the Federal Bureau of Investigation (FBI), $1.939 billion
for the Drug Enforcement Administration (DEA), $1.054 for the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATF), and $5.734 billion for the Bureau of
Prisons. The draft bill also includes $3.129 billion for state and local law
CRS-4
enforcement assistance (OJP and OVW), instead of cutting such funding by $1.609
billion, as proposed by the Administration.
For science agencies, the draft bill would provide $24.628 billion, including
$17.769 billion for NASA and $6.854 billion for NSF. This amount would provide
a 5.3% increase over the FY2008 enacted level and a 0.6% increase over the FY2009
request. For related agencies, the bill would provide $883.1 million, a 9.2% increase
over the enacted level and a 12.6% increase over the FY2009 request. It includes
$350.4 million for the Equal Employment Opportunity Commission (EEOC) and
$390 million for the Legal Services Corporation (LSC).
FY2009 Senate-Reported Bill
The Senate Appropriations Committee reported an FY2009 CJS spending bill
(S. 3182; S.Rept. 110-397) that would provide $60.724 billion, an 11.1% increase
over the FY2008 enacted level and a 7.4% increase over the FY2009 request. The
Senate-reported bill includes $9.402 billion for the DOC, a 37.1% increase over the
FY2008 enacted level and a 14.4% increase over the FY2009 request. This bill
includes $3.151 billion for the Census Bureau (a 156.1% increase over the FY2008
enacted level). It also includes $4.446 billion for NOAA and $814 million for NIST.
For the DOJ, the Senate bill includes $25.779 billion, a 9.3% increase over the
FY2008 enacted level and an 11.6% increase over the FY2009 request. This amount
includes $7.27 billion for the FBI, $1.954 billion for the DEA, $1.043 billion for the
ATF, and $5.974 billion for the Bureau of Prisons. It also includes $3.136 billion for
the state and local law enforcement assistance (OJP and OVW), rather than cutting
such assistance by $1.609 billion, as proposed by the Administration.
For science agencies, the Senate bill would provide $24.673 billion, including
$17.814 billion for NASA and $6.854 for the NSF. This amount is a 5.5% increase
over the FY2008 enacted level and a 0.8% increase over the FY2009 request. For
related agencies, the bill includes $869 million, including $342 million for the EEOC
and $390 million for the LSC.
Synopsis of Enacted FY2008 Appropriations
On December 26, 2007, the President signed the Consolidated Appropriations
Act, 2008 (H.R. 2764) into law (P.L. 110-161). This act included the FY2008 CJS
appropriations bill, as well as 10 other appropriations bills, in addition to emergency
military funding for Iraq and Afghanistan. Congressional leaders opted to use the
Department of State, Foreign Operations, and Related Appropriations bill, 2008
(H.R. 2764) as the legislative vehicle for the FY2008 omnibus spending measure.
As shown in Table 2, Congress appropriated $54.637 billion for the federal
departments, bureaus, agencies, administrations, offices and activities funded under
the CJS appropriations bill in P.L. 110-161. Congress had previously passed
continuing resolutions to fund those departments and agencies in the absence of the
CRS-5
regular FY2008 CJS appropriation.1 Also, Congress has passed a second FY2008
supplemental spending measure, the Supplemental Appropriations Act, 2008 (H.R.
2642; P.L. 110-252), that includes funding for several CJS accounts.2
Funding Trends, FY2002-FY2008
Table 3 shows CJS appropriations over a seven year period FY2002-FY2008,
including supplemental appropriations. Funding for the Department of Commerce
increased by 14.1% from FY2002 through FY2005. Due to rescissions, it decreased
by 1.9% for FY2006, but when compared to the previous year increased by 3.1% for
FY2007 and 3.5% for FY2008.
Table 3. Funding Trends for CJS Departments and Agencies,
FY2002-FY2008
(budget authority in millions of dollars)
Department/Agencies
FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008
Department of Commerce
5,739
5,796
5,943
6,550
6,426
6,625
6,857
Department of Justice
23,707
19,648
19,850
21,000
21,404
23,210
23,592
Science Agencies
19,710
20,600
20,960
21,676
22,833
22,207
23,380
Related Agencies
739
753
778
781
782
801
909
Total
49,895
46,681
47,584
50,201
51,499
52,931
54,742
Sources: Funding totals for the Department of Commerce, Department of Justice, and Science Agencies provided
by the U.S. House of Representatives, Committee on Appropriations. Funding totals for related agencies
compiled by CRS from the Appendixes to the Budgets for the United States Government for FY2003-
FY2009.
Note: Amounts may not total due to rounding.
Funding for the Department of Justice decreased by 17.1% from FY2002 to
FY2003. This decrease largely reflects the transfer of the former Immigration and
Naturalization Service to the Department of Homeland Security. Justice funding has
increased by 20.1% from FY2003 to FY2008.
Funding for the science agencies has gradually increased by 15.8% from
FY2002 to FY2006, decreased by 2.7% for FY2007 and increased by 5.3% for
FY2008. Funding for related agencies increased by 9.5% from FY2002 to FY2008.
Funding for all departments and agencies currently under the CJS appropriations bill
decreased by 6.4% from FY2002 to FY2003, but it has increased from FY2003 to
FY2008 by 17.3%.
1 For further information, see CRS Report RL30343, Continuing Resolutions: FY2008
Action and Brief Overview of Recent Practices, by Sandy Streeter.
2 For further information, see CRS Report RL34451, Second FY2008 Supplemental
Appropriations for Military Operations, International Affairs, and Other Purposes, by
Stephen Daggett et al.
CRS-6
Survey of Selected Issues
Department of Commerce
For the Department of Commerce (DOC), the Administration’s original budget
did not anticipate some problems which later emerged with the equipment for the
2010 Census. On June 8, 2008, the Administration submitted a revised Department
of Commerce budget that addresses the Census Bureau’s equipment problems and
adjusts funding in other DOC accounts. The figures presented in the program
descriptions represent the original budget request except when otherwise noted.
A possible key issue to be considered during the deliberations of the FY2009
budget concerns the Department’s trade and technology programs, which may be
focal points in discussions of export promotion in part because the deficit in the U.S.
current account has nearly doubled from $98.8 billion in January 2000 to $172.9
billion in fourth quarter 2007.3 The anniversary of hurricanes Katrina and Rita may
also draw attention to the Department’s weather and ocean-stewardship programs.
Other focal points may include the following:
! implementation of the American Competitiveness Initiative,
announced in February 2006, intending to provide $50 billion in
research and $86 billion in research tax incentives over 10 years
across several Commerce and related agencies, to increase U.S.
leadership in technological research, development, and education;
! the ability of U.S. trade agencies and the U.S. Patent and Trademark
Office to fight intellectual property infringement abroad;
! proposed increases in funds for Economic and Statistics
Administration to revise the measure of the health sector in gross
domestic product (GDP);
! the efficacy of U.S. trade agency enforcement of U.S. trade remedy
laws against unfair foreign competition;
! proposed consolidation of activities currently funded under the
Economic Development Administration’s Public Works, Technical
Assistance, Research and Evaluation, Economic Adjustment
Assistance and Defense Economic Adjustment Assistance programs
under a Regional Development Administration (RDA);
! implementation of the Technology Innovation Program at the
National Institute of Standards and Technology, which replaced the
Advanced Technology Program, given the Administration’s budget
request that provided no funding for the effort;
3 Fourth quarter 2007 data was released by the Bureau of Economic Analysis on March 17,
2008.
CRS-7
! continuation of federal funding for the Manufacturing Extension
Partnership at the National Institute of Standards and Technology
given the Administration’s budget proposal that recommends
termination of federal support for this program;
! addressing aging equipment serving the National Oceanic and
Atmospheric Administration’s (NOAA) technical missions; and
! funding levels for NOAA’s satellite programs, ocean and coastal
research-related projects, and tsunami research systems.
Department of Justice
During consideration of the Administration’s FY2009 budget request, several
issues may be brought to Congress’ attention that have budgetary impacts and,
therefore, implications for the appropriations process. Those issues include:
! continuing oversight of the FBI’s transformation and the redirection
of a larger share of the its resources towards combating domestic and
international terrorism, and away from traditional crime;
! rising crime rates in medium size and smaller cities (in 2006 as
compared to 2005, cities with populations of 100,000 to 249,999
reported a 2.3% increase in the reported number of violent crime;
and cities with populations of 50,000 to 99,999, 25,000 to 49,999,
and 10,000 to 24,999 reported violent crime increases of 3.5%,
3.8%, and 2.8%, respectively);
! proposed consolidation of the existing 38 federal law enforcement
assistance programs into four “competitive” grant programs and a
reduction in such assistance to $589 million for FY2009 ($1.422
billion less than the amount appropriated by Congress for FY2008,
or a 70.7% decrease);
! proposed consolidation of Office on Violence Against Women
programs into a single “competitive” grant program, and a reduction
in that Office’s budget to $280 million for FY2009 (30% decrease
as compared to the FY2008 appropriation);
! proposed $100 million Southwest Border Enforcement Initiative that
would increase resources to bolster DOJ’s efforts to combat illegal
immigration, drug trafficking, and firearms smuggling across the
Southwest border between the United States and Mexico in the
Administration’s FY2009 budget request;
CRS-8
! the FY2008 budget shortfall for the Bureau of Prisons (BOP) in light
of projections that its facilities will be 39% over capacity in 2008
and 42% over capacity in 2009;4 and
! proposed elimination of a prisoner reentry initiative under the
Administration’s FY2009 grant consolidation plan, when an
estimated 650,000 offenders are being released from prison
annually.5
Science Agencies
As the United States works to remain competitive in the global world economy,
key issues are likely to revolve around:
! providing funding for the America COMPETES Act (P.L. 110-69),
a law that authorizes increases in the nation’s investment in science
and engineering research at the NSF, National Institute of Standards
Technology laboratories, and Department of Energy (DOE) Office
of Science and science, technology, engineering, and mathematics
(STEM) education programs at NSF, DOE, and the Department of
Education,6 and the American Competitiveness Initiative (ACI),
which responds to similar concerns (the White House’s Office of
Science and Technology Policy reports that the FY2009 budget
request includes funding for America COMPETES Act initiatives at
88% of the FY2009 authorization level);7
! funding NASA budget priorities that are driven by the President’s
Vision for Space Exploration, which were endorsed by Congress in
the NASA Authorization Act of 2005 (P.L. 109-155), and include
goals like returning the space shuttle to flight status (already
accomplished), then retiring it by 2010; completing the International
Space Station (ISS), but discontinuing U.S. use of it by 2017;
returning humans to the moon by 2020; and sending humans to Mars
and “worlds beyond;” and
4 U.S. Department of Justice, Bureau of Prisons, Quick Facts About the Bureau of Prisons,
available online at [http://www.bop.gov/news/quick.jsp].
5 U.S. Department of Justice, Office of Justice Programs, “Learn About Reentry,” available
at [http://www.reentry.gov/learn.html].
6 For more information, see CRS Report RL34396, The America Competes Act and the
FY2009 Budget, and CRS Report RL34328, America COMPETES Act: Programs, Funding,
and Selected Issues, both by Deborah D. Stine.
7 Testimony of Dr. John Marburger, III, Director, White House Office of Science and
Technology Policy, House Committee on Science and Technology, Funding for the America
COMPETES Act in the FY2009 Administration Budget Request, hearing, 110th Congress,
2nd session, February 14, 2008, available at
[http://democrats.science.house.gov/Media/File/Commdocs/hearings/2008/Full/14feb/M
arburger_Testimony.pdf].
CRS-9
! funding for the NSF’s work under the National Nanotechnology
Initiative directed at understanding and exploiting the unique
properties of matter that can emerge at the nanoscale, including
fabrication of new materials and devices as well as related
environmental, health, and safety concerns ($396.8 million in the
FY2009 request).8
Related Agencies
For related agencies, a key issue for Congress could be whether to fund the
Legal Services Corporation’s FY2009 budget at $311 million as requested by the
Administration, a reduction of $39.5 million as compared to the FY2008 enacted
level of funding.
Department of Commerce
The origin of the Department of Commerce dates 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 on five basic missions: (1) promoting the development of U.S.
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:
! 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 Industry and Security (BIS), formerly the Bureau of
Export Administration, enforces U.S. export laws consistent with
national security, foreign policy, and short-supply objectives;
! Economic Development Administration (EDA) provides grants for
economic development projects in economically distressed
communities and regions;
! Minority Business Development Agency (MBDA) seeks to promote
private and public sector investment in minority businesses;
8 For further information, see CRS Report RL34511, Nanotechnology: A Policy Primer, by
John F. Sargent, Jr.
CRS-10
! Economic and Statistics Administration (ESA), excluding the Census
Bureau, provides (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 this analysis is conducted by
the Bureau of Economic Analysis (BEA);
! United States Census Bureau (Census), a component of ESA,
collects, compiles, and publishes a broad range of economic,
demographic, and social data;
! 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;
! United States Patent and Trademark Office (USPTO) examines and
approves applications for patents for claimed inventions and
registration of trademarks;
! 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 on the basis of new
scientific discoveries; and
! 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.
As Table 4 shows, the original FY2009 requested appropriation amount of
$8.217 billion is $1.360 billion more than the FY2008 enacted amount of $6.857
billion (P.L. 110-161) for the Department of Commerce, a 19.8% increase. The
largest percentage increase for a single agency is for the Census Bureau, which
requests a 111.7% increase. The Census Bureau request was increased on June 9,
2008, at the expense of other programs as part of a revised budget request for the
entire Department of Commerce.9 The House Committee did not consider the June
9 revision timely and proceeded on the basis of the original budget submission. The
House Committee provides the Department of Commerce $8.707 billion, which is
a 27.0% increase above the FY2008 enacted amount and a 6.0% increase above the
original FY2009 requested amount. The Senate Committee provides $9.402 billion,
9 Letter from the Executive Office of the President to Congress, June 9, 2008. OMB
Estimate No. 5, 110th Congress, 2nd Session, at [http://www.whitehouse.gov/omb/budget/
amendments/amendment2_6_9_08.pdf].
CRS-11
which is a 37.1% increase above the FY2008 enacted amount and a 14.4% increase
above the original FY2009 requested amount.
Table 4. Funding for the Department of Commerce
(budget authority in millions of dollars)
House
FY2008
FY2009
FY2009
Senate-
FY2009
Bureau or Agency
Draft
Enacted Requestd Revisede
Reported Enacted
Bill
International Trade Administrationa
405.2
420.4
417.3
425.4
420.4
Bureau of Industry and Security
72.9
83.7
83.2
83.7
83.7
Economic Development Administration
279.9
132.8
123.6
282.8
232.8
Minority Business Development Agency
28.6
29.0
28.6
31.5
29.0
Economic and Statistics Administration
(excluding Census)
81.1
90.6
90.1
89.1
90.6
Census Bureau
1,230.2
2,604.6
3,139.9
2,604.6
3,151.0
National Telecommunications and
Information Administrationb
36.3
19.2
18.4
40.9
59.2
Patent and Trademark Officec
(1,915.5) (2,075.0) (2,075.0) (2,087.0) (2,075.0)
National Institute of Standards and
Technology
755.8
638.0
636.0
816.9
813.5
National Oceanic and Atmospheric
Administration
3,896.5
4,103.9
4,090.7
4,252.6
4,445.9
Departmental Management
70.0
94.2
93.7
79.3
76.2
Total: Department of Commerce
6,856.5
8,216.5
8,721.5
8,706.9
9,402.4
Sources: House Appropriations Committee Print on the Consolidated Appropriations Act, 2008 (H.R.
2764/P.L. 110-161); U.S. Department of Commerce Budget Justifications, available at
[http://www.osec.doc.gov/bmi/budget/FY09CBJ.html]; House Appropriations Committee- approved draft
bill and report; and S. 3182 (S.Rept. 110-397).
Note: Amounts may not total due to rounding.
a. Total funding for ITA may be higher than these amounts due to retained fees.
b. Does not include $45 million in mandatory spending from the Digital Television Transition and Public
Safety Fund.
c.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 and do not count toward the
appropriation totals. Only newly appropriated funds count toward the annual appropriation totals.
d. Original FY2009 Administration request.
e. June 9, 2008 revised Administration request. The June 9 FY2009 announcement for the budget
request revision presented individual program account changes. Figures reflect estimated net
changes for agencies as a whole.
The June 9, 2008, revised request recommends canceling funding in several
Department of Commerce programs in order to provide additional funds for the 2010
census. The total requested increase for the 2010 Census is almost $546 million,
although other Census Bureau funding would be decreased. Although both the
House Committee and the Senate Committee considered the revised request
untimely, the Senate Committee’s increase for the 2010 Census was also near $546
million. In order to fund this increase, the Administration requested cancellation of
$70 million in unobligated balances associated with the Food, Conservation, and
CRS-12
Energy Act of 2008 (P.L. 110-234). In addition, funding would be reduced in the
following Department of Commerce accounts: International Trade Administration,
reduced $3.2 million; Bureau of Industry and Security, reduced $0.5 million;
Economic Development Administration, reduced $9.2 million; Minority Business
Development Administration, reduced $0.4 million; Economics and Statistics
Administration, reduced $0.5 million; other programs in Census, reduced $10.8
million;10 National Telecommunications and Information Administration, reduced
$0.8 million; National Institute of Standards and Technology, reduced $2.0 million;
National Oceanic and Atmospheric Administration, reduced $13.2 million; and
Departmental Management, reduced $0.5 million. The discussions of each agency
below reflect the original budget request, except when otherwise noted.
Also, for the Census Bureau, both the House- and Senate-passed versions of the
Supplemental Appropriations Act, 2008 (P.L. 110-252) include $210 million to
address issues related to the 2010 Census.
International Trade Administration (ITA)11
The ITA provides export promotion services, works to assure compliance with
trade agreements, administers trade remedies such as antidumping and countervailing
duties, and provides analytical support for ongoing trade negotiations. ITA’s mission
is to improve U.S. prosperity by strengthening the competitiveness of U.S. industry,
promoting trade and investment, and ensuring fair trade and compliance with trade
laws and agreements. ITA strives to accomplish this through the following four
policy units and the Executive and Administrative Directorate: 1) Manufacturing and
Services Unit, responsible for certain industry analysis functions and promoting the
competitiveness and expansion of the U.S. manufacturing sector; 2) Market Access
and Compliance Unit, responsible for monitoring foreign country compliance with
trade agreements, identifying compliance problems and market access obstacles, and
informing U.S. firms of foreign business practices and opportunities; 3) Import
Administration Unit, responsible for administering the trade remedy laws of the
United States; 4) Trade Promotion/U.S. Foreign Commercial Service program,
responsible for conducting trade promotion programs, providing U.S. companies with
export assistance services, and leading interagency advocacy efforts for major
overseas projects; and 5) the Executive and Administrative Directorate, responsible
for providing policy leadership, information technology support, and administration
services for all of ITA.
The President’s FY2009 request for ITA is $420.4 million, a $15.2 million
(3.8%) increase over the FY2008 funding level of $405.2 million.12 The request
anticipates the collection of $9.4 million in fees, raising available funds to $429.9
million. The ITA Budget Estimates for FY2009 presents a priority list of new
10 This $10.8 million reduction within Census includes reductions to other periodic census
programs and a $5.2 million reduction in salaries and expenses.
11 The sections on ITA, USTR, and ITC were written by M. Angeles Villarreal, Analyst in
International Trade and Finance, Foreign Affairs, Defense, and Trade Division.
12 Figures do not reflect the $3.2 million reduction in the revised budget request. See above.
CRS-13
programmatic and base-level changes from the FY2008 budget.13 These include
budget increases for an Adjustments to Base (ATB) and for a China Countervailing
Duty Group Initiative, and budget decreases due to the closure of a Trade
Compliance Office in Seoul, Korea, and streamlining of the Domestic Office
Structure. The House Appropriations Committee-approved bill would provide
$425.4 million, 5.0% over the FY2008 enacted level and 1.2% over the FY2009
request. The Senate-reported bill would provide $420.4 million, 3.8% over the
FY2008 enacted level and the same amount as the FY2009 request.
Bureau of Industry and Security (BIS)14
The BIS administers export controls on dual-use goods and technology through
its licensing and enforcement functions. It cooperates with other nations on export
control policy and provides assistance to the U.S. business community to comply
with U.S. and multilateral export controls. BIS also administers U.S. anti-boycott
statutes and is charged with monitoring the U.S. defense industrial base.
Authorization for the activities of BIS, the Export Administration Act (50 U.S.C.
2401, et seq.), last expired in August 2001. On August 17, 2001, President Bush
invoked the authorities granted by the International Economic Emergency Powers
Act (50 U.S.C. 1703(b)) to continue in effect the system of controls contained in the
act and by the Export Administration Regulations (15 C.F.R., Parts 730-799) and has
renewed that authority yearly.
The BIS administers export controls on dual-use goods and technology through
its licensing and enforcement functions. It cooperates with other nations on export
control policy and provides assistance to the U.S. business community to comply
with U.S. and multilateral export controls. BIS also administers U.S. anti-boycott
statutes and is charged with monitoring the U.S. defense industrial base.
Authorization for the activities of BIS, the Export Administration Act (50 U.S.C.
2401, et seq.), last expired in August 2001. On August 17, 2001, President Bush
invoked the authorities granted by the International Economic Emergency Powers
Act (50 U.S.C. 1703(b)) to continue in effect the system of controls contained in the
act and by the Export Administration Regulations (15 C.F.R., Parts 730-799) and has
renewed that authority yearly.
The President’s FY2009 request for BIS is $83.7 million, a $10.8 million
(14.8%) increase from the FY2008 enacted funding level of $72.9 million.15 The
FY2009 funding request for BIS is divided between licensing activity ($41.0
million), enforcement activities ($36.8 million), and management and policy
coordination ($5.9 million). Of these amounts, $14.8 million was requested for
Chemical Weapons Convention (CWC) enforcement. Slightly more than half of the
requested increase ($5.8 million) is for restoration of FY2008 base reductions; $2.6
13 International Trade Administration, Budget Estimates: Fiscal Year 2009, Congressional
Submission.
14 This section was written by Ian F. Fergusson, Specialist in International Trade and
Finance, Foreign Affairs, Defense, and Trade Division.
15 Figures do not reflect the $0.5 million reduction in the revised budget request. See above.
CRS-14
million is for cost-of-living adjustments; and $2.4 million is for new programmatic
initiatives. These include enhancing counter-proliferation efforts through the
addition of BIS criminal investigators, placing an export control officer in Singapore
to prevent the illegal transhipments of controlled items, and adding export
compliance specialists for the Validated End-User program. In FY2008, BIS had
budget authority for 365 positions. With the restorations to base and new initiatives,
BIS is seeking budget authority for 396 positions for FY2009. Both the House and
Senate Appropriations Committee recommended the amount of the President’s
request ($83.7 million). The Administration’s June 9 budget amendment sought to
reduce the amount of the BIS budget by $500,000, to be taken from the proposed
inflation adjustment for the agency’s account. (For more information on this
amendment, please refer to the section on the Bureau of the Census).
Economic Development Administration (EDA)16
The EDA was established under the Public Works and Economic Development
Act of 1965, as amended.17 The EDA’s mission is to help communities and regions
generate new jobs and retain existing jobs by stimulating industrial and commercial
growth in economically distressed areas. EDA assistance emphasizes the needs of
urban areas with high unemployment, low income, or other severe conditions of
economic distress.
In the past three budget requests, the Bush Administration sought to replace
EDA assistance with new initiatives. In FY2006, the Administration budget
proposed terminating EDA and 16 other federal community and economic programs
and replacing them with a new, but lower funded, program known as Strengthening
America’s Community Initiative. In its FY2007 and FY2008 budget requests, the
Bush Administration proposed consolidating EDA assistance programs under a new
Regional Development Account (RDA). As proposed by the Administration, the past
initiatives also would have been funded at a level below EDA’s current year
appropriations. During the past three years, Congress has consistently rejected the
Administration’s proposals to reduce and restructure EDA assistance programs.
For the fourth consecutive year, the Administration budget proposed a reduction
in EDA assistance programs. The proposed cuts for FY2009, if approved by
Congress, would result in a refocusing of the agency’s activities. For FY2009, the
Administration’s original budget request included $132.8 million for EDA assistance,
which is significantly less than the FY2008 enacted amount of $279.9 million.18
Specifically, the Administration’s FY2009 budget request included
16 This section was prepared by Eugene Boyd, Analyst in American National Government,
Government and Finance Division.
17 42 U.S.C. § 3121.
18 Figures do not reflect the $9.2 million reduction in the revised request. See above.
CRS-15
! $32.8 million for salaries and expenses, $2 million more than
appropriated in FY2008;
! $7 million for public works grants, $141 million less than FY2008
funding level;
! $40 million for economic adjustment assistance, $2.3 million less
than appropriated in FY2008;
! $27 million for planning assistance, $1.6 million more than the
FY2008 appropriation;
! $14 million for trade adjustment assistance, unchanged from the
FY2008 appropriation;
! $9 million for technical assistance, $400,000 less than the FY2008
appropriation;
! $1 million for research, $530,000 less than the FY2008
appropriation; and
! $2 million for Global Climate Change Mitigation Incentive Fund,
$7.5 million less than appropriated in FY2008.
The budget would reduce funding for EDA assistance programs, not including
salaries and expenses, by 60%, from $249.1 million appropriated for FY2008 to $100
million. The most significant reduction would be borne by EDA’s public works
grants, a 95% reduction. The proposed reduction in funding for public works projects
would shift the agency’s focus from assisting in financing infrastructure development
to providing assistance in support of economic development-related planning,
technical assistance, and research and evaluation activities. In testimony before the
House Appropriations Subcommittee on Commerce, Justice, State, the Department
of Commerce’s Assistant Secretary for Economic Development, Sandy Baruah,
stated that the reduction in public works funds was a result of making tough choices
among competing priorities in a tight budget environment.19 Opponents of the
proposed cuts, such as the National Association of Development Organizations, have
contended that the $147 million in proposed cuts “could potentially result in the loss
or delay of nearly $4.12 billion in new private sector investments and the setback of
saving or generating more than 52,000 jobs in distressed areas across the nation.”20
On June 9, 2008, the Administration forwarded to Congress a revised budget
request for the Department of Commerce programs. The revised budget request was
sought in order to offset an increase in funding for decennial census activities. It
proposed eliminating $7.2 million initially requested for EDA’s public works grants.
If approved, the reduction would have terminated the program. The Administration
also sought a reduction in funding for the EDA salaries and expenses by $1.968
19 U.S. Congress. House Committee on Appropriations, Subcommittee on Commerce,
Justice, State. Testimony of Sandy K. Baruah Assistant Secretary of Commerce for
Economic Development, U.S. Department Department of Commerce, March 5, 2008,
available at [http://www.eda.gov/ImageCache/EDAPublic/documents/pdfdocs2008/skb
writtentestimony030508_2epdf/v1/skbwrittentestimony030508.pdf].
20 National Association of Development Organizations. Legislative Action Alert, Economic
Development Administration: Urge Lawmakers to Restore Public Works Funding, Reject
53 Percent Overall Budget Reduction, p. 2, available at [http://www.nado.org/uploaded_
files/eda2009.pdf ].
CRS-16
million.21 The requested revisions were considered untimely and were not acted
upon by Congress. For a summary discussion of this proposed revision, see the
Census section of this report.
On June 23, 2008, the Senate Appropriations Committee recommended $232.8
million in funding for EDA activities ($200 million) and salaries and expenses ($32.8
million). This is $100 million more than requested by the Administration, but
$47.132 million less than appropriated in FY2008. The Committee’s
recommendation of $200 million for assistance programs includes
! $105.8 million for public works, an activity the Administration
wanted to eliminated;
! $42.3 million for economic adjustment grants;
! $27 million for planning assistance;
! $15 million for trade adjustment assistance;
! $9.4 million for technical assistance, $400,000 more than requested
by the Administration; and
! $500,000 for research and evaluation activities.
In June 2008, the House Appropriations Committee also took action on the
appropriations measure. The House Appropriations Committee-approved draft bill
recommends an appropriation of $282.8 million for EDA. This includes $250
million for economic development assistance and $32.8 million for salaries and
expenses. This is $2.868 million more than appropriated in FY2008, $150 million
more than requested by the Administration, and $50 million more than recommended
by the Senate. The $250 million for EDA assistance programs includes
! $138.2 million for public works grants;
! $40.3 million for economic adjustment assistance;
! $31 million for planning grants;
! $15.8 million for trade adjustment assistance;
! $9.4 million for technical assistance; and
! $490,000 for research and evaluation activities.
In addition, the House bill recommends $14.7 million in grant assistance for the
Global Climate Change Mitigation Fund, which was first funded under the FY2008
appropriations act. The recommended funding level is $12.7 million more than
requested by the Administration and $5 million more than appropriated in FY2008.
Despite the Administration’s request that the public works programs be
terminated, the House and Senate bills recommend continued support for and funding
of the program. The report accompanying the draft bill encourages EDA to give
greater consideration when evaluating applications for assistance to projects that
21 A copy of the transmittal to the Speaker of the House from the Executive Office of the
President, Office of Management and Budget is available at [http://www.whitehouse.gov/
omb/budget/amendments/amendment
2_6_9_08.pdf ].
CRS-17
! diversify the regional economy;
! support the development of emerging industry clusters;
! advance innovation and technology transfers; and
! encourage the commercialization of university-based research and
development.
Minority Business Development Agency (MBDA)22
The MBDA, established by Executive Order 11625 on October 13, 1971,23 is
charged with the lead role in coordinating all the federal government’s minority
business programs. As part of its strategic plan, the MBDA seeks to develop a more
industry-focused, data-driven, technical assistance approach to give minority business
owners the tools essential for becoming first or second tier suppliers to private
corporations and the federal government in the new procurement environment.
Progress will be measured in relation to entrepreneurial parity and strategic growth
through increased gross receipts, number of employees, and size and scale of firms
associated with minority business enterprise.
The FY2009 requested amount for MBDA is $29.0 million. This is $0.4 million
more than the FY2008 enacted amount of $28.6 million, a 1.4% increase.24 MBDA
programs are primarily delivered through National and Regional Enterprise Centers
(NECs and RECs), which service strategic growth firms, identify new opportunities,
and provide project management of grantees. The amount requested for grants,
subsidies, and contributions in FY2009 remains the same as FY2008, $11.2 million.
The Senate Committee recommendation provides $29 million. The
recommendation is $377,000 above the FY2008 enacted level and the same as the
budget request. The increase provides for inflationary adjustments and ensures that
funds will be available for the existing Native American Business Development
Centers. The House Appropriations Committee-approved draft bill recommends
$31.5 million for MBDA. The recommendation is $2.9 million above the FY2008
enacted level.
Economic and Statistics Administration (ESA)25
The ESA provides economic data, analysis, and forecasts to government
agencies and, where appropriate, to the public. The ESA includes the Census Bureau
(discussed separately), the Bureau of Economic Analysis (BEA), and STAT-USA.
The ESA has three core missions: to compile a system of economic data, to interpret
and communicate the forces at work in the economy, and to support the information
22 This section was written by Oscar Gonzales, Analyst in Federalism and Economic
Development Policy Institutions, CRS Government and Finance Division.
23 36 FR 19967, 3 C.F.R., 1971-1975 Comp., p. 616.
24 Figures do not reflect the $0.4 million revised request. See discussion at the beginning
of Commerce section of this report.
25 This section was written by Edward V. Murphy, Analyst in Financial Institutions, CRS
Government and Finance Division.
CRS-18
and analytical needs of the executive branch. Census is excluded from the following
discussion of ESA because its budget is submitted separately. The regional input-
output modeling system (RIMS) is also excluded because it is funded entirely
through user fees instead of annual appropriations.
The FY2009 requested amount for ESA is $90.6 million.26 This represents a
10.5% increase over the comparable FY2008 enacted amount of $81.1 million. The
most prominent ESA programs are BEA’s four statistical accounts: (1) National
Income and Product Accounts, (2) Regional Economic Accounts, (3) Industry Input-
Output Tables, and (4) International Balance of Payments. BEA comprises 96% of
the FY2009 ESA budget request. BEA’s four core programs support other agencies
and policymakers. The National Economic Accounts support federal budget
projections and macroeconomic policy. Regional data are used to allocate federal
funds and for state budget forecasts. Industry accounts are used to compile the other
datasets and also by the Bureau of Labor Statistics for the Producer Price Index.
Balance of payments data are required by international agreements on exchange rates.
ESA has an initiative to revise the measure of the health sector in gross domestic
product (GDP). The initiative requests $3.2 million in additional FY2009 funds to
address the question, “do the large increases in U.S. health expenditures represent
increases in costs or increases in the delivery of real medical services to an aging
population?” In putting forth the initiative, the Administration argues that health care
spending is the most important long-term issue confronting the federal budget.
Improper measurement of productivity in health services might cause significant
errors in Medicare spending projections. Erroneous productivity measures could also
affect the formula used to compensate service providers participating in federal
programs.
The Senate Committee recommendation provides $90.6 million. The
recommendation is 11.8% more than the FY2008 enacted level and the same as the
original FY2009 budget request. The House committee-approved draft bill
recommends $89.1 million for ESA, which is 9.9% more than the FY2008 enacted
amount and -1.7% less than the original FY2009 requested amount.
U.S. Census Bureau (Census)27
A census of the population, conducted every ten years, is authorized by the
Constitution (Article I, Section 2, clause 3, as modified by Section 2 of the 14th
Amendment). The Census Bureau, established as a permanent office on March 6,
1902 (32 Stat. 51), conducts this decennial census of the United States and is
authorized by Title 13 U.S.C. to collect and compile a wide variety of other
demographic, economic, housing, and governmental data.
For FY2009, the Administration initially requested $2.605 billion for the Census
Bureau, including $238.7 million for salaries and expenses and $2.366 billion for
26 Figures do not reflect the $0.5 million reduction in the revised request. See above.
27 This section was written by Royce Crocker, Specialist in American National Government,
CRS Government and Finance Division.
CRS-19
periodic censuses and programs. By comparison, the FY2008 enacted amounts were
$1.230 billion for the Bureau as a whole, with $202.8 million for salaries and
expenses and $1.027 billion for periodic censuses and programs. The large
difference (+$1.375 billion) between the FY2009 request and FY2008 enacted
amounts for the Bureau largely reflects heightened preparations, or the “ramp up,”
for the 2010 census. About 91%, or $2.143 billion, of the periodic censuses and
programs account is for these activities.
For the 2010 Census, the Census Bureau planned three new initiatives:(1) the
replacement of the long-form portion of the census questionnaire with the American
Community Survey; (2) improvement in the accuracy of the map feature locations;
and, (3) fully automating the pre-census address verification and the non-response
followup (NRFU) process. As a result of contract delays, significant cost overruns,
and scheduling and performance problems, the hand-held computers planned to be
used in the third initiative will only be used in the address verification process. The
NRFU process will be paper-based, thus requiring additional funding to hire more
staff than previously anticipated. This disruption means that the overall cost of the
2010 census is currently expected to increase by as much as $3 billion dollars, from
$11.5 billion to $14.5 billion.
As a result of the difficulties with equipment planned to be used in various
aspects of the 2010 Decennial Census, the Census Bureau and the Department of
Commerce recently submitted an amendment to the President’s FY2009 budget
submission. According to testimony given by Secretary of Commerce Gutierrez, on
April 15, 2008, before a subcommittee of the Senate Committee on Homeland
Security and Governmental Affairs, the Department planned to request additional
funding for FY2009, fully offset. On June 9, 2008, the Administration formally
submitted to Congress the amendments to the President’s FY2009 budget submission
and requested an additional $540.4 million for periodic censuses and programs
(primarily for the 2010 Census) for FY2009. This increase would be partially offset
within this account by a nearly $6 million reduction for lower priority activities (i.e.,
the total increase was for $546 million less $5.6 million). In addition, the requested
increase is further offset by $5.2 million reduction in salaries and expenses. Further
offsets in the Department of Commerce and other departments are discussed above.
The House Appropriations Committee approved the originally requested $2.605
billion for the Census Bureau, and including $238.7 million for salaries and expenses
and $2.366 billion for periodic censuses and programs. This compares to $1.230
billion enacted in FY2008 for the Census Bureau, with $202.8 million for salaries
and expenses and $1.027 billion for periodic censuses and programs. The Committee
indicated that the June 9, 2008 amended request for an additional $540.4 million to
address the contract difficulties the Bureau was having with the hand-held computers
came too late for the Committee to consider, and deferred any action at this time on
that matter.
The Senate Appropriations Committee recommended $3.151 billion for the
Census Bureau, which includes $238.7 million for salaries and expenses and $2.912
billion for periodic censuses and programs. The recommendation is $546.4 million
above the President’s original request. As with the House, the Senate Committee
noted that the Committee had received an amended request on June 9, 2008, for an
CRS-20
additional $540.4 million for the Bureau to address “mismanagement of a key
information technology contract.” However, the amendment had been received too
late for consideration.
Also, as a result of the problems facing the Census Bureau’s operations for the
2010 Decennial Census, the FY2008 Iraq war supplemental appropriations bill (H.R.
2642/ P.L. 110-252) includes $210 million to address shortfalls for the remainder of
FY2008.
National Telecommunications and Information Administration
(NTIA)28
The NTIA is the executive branch’s principal advisory office on domestic and
international telecommunications and information technology issues and policies. Its
mandate is to provide greater access for all Americans to telecommunications
services, to support U.S. attempts to open foreign markets, to advise on international
telecommunications negotiations, to fund research grants for new technologies and
their applications, and to assist nonprofit organizations converting to digital
transmission in the 21st century. The NTIA also manages federal use of radio
frequency spectrum domestically and internationally.
For FY2009, the Bush Administration has requested $19.2 million for NTIA,
with only the administrative functions of NTIA receiving direct funding. The House
Appropriations Committee approved $40.9 million for FY2009. The Senate
Appropriations Committee has approved $36.2 million for FY2009. There are two
major components to the NTIA appropriated budget (a third program, which is a
revolving fund based on spectrum auctions, is discussed below). The first is Salaries
and Expenses. For FY2009, the Bush Administration has requested $19.2 million;
both the House and Senate appropriators approved $19.2 million for FY2009.
Traditionally, a large part of this function has been for the management of various
information and telecommunications policies, both domestically and internationally.
The second NTIA component is Public Telecommunications and Facilities Planning
and Construction (PTFPC). The Bush Administration has requested (as it has in
previous years) that this program’s funding be eliminated, arguing that most of the
construction and refurbishing of public telecommunications facilities has already
been done and that any remaining support that is needed should come from local
public broadcasting entities. However, for FY2009, both the congressional
appropriations committees disagreed with the Administration’s position, citing the
ongoing need for upgrading of public broadcasting facilities, particularly as the
deadline of converting all analog broadcasts to digital in 2009 approaches. For
FY2009, the House Appropriations Committee approved $21.7 million; the Senate
Appropriations Committee approved $20.0 million. In addition, Senate appropriators
have called for reinstating the Technology Opportunity Program (TOP), which was
discontinued after FY2005, at $20.0 million for FY2009. This program would
provide funding for broadband deployment in those areas of the United States that
do not have access to this technology.
28 This section was written by Glenn McLoughlin, Specialist in Technology and
Telecommunications Policy, CRS Resources, Science, and Industry Division.
CRS-21
The third program that is administered by NTIA, but to date not directly funded
by appropriated money, was established through the Deficit Reduction Act of 2005.
That law (P.L. 109-171) called for the creation of a Digital Television Transition and
Public Safety Fund, which would offset receipts from the auction of spectrum
licenses made available when analog signals are concluded in February 2009. The
initial auction began on January 24, 2008 and concluded on March 17, 2008. The
receipts of the auction are intended to fund the following programmatic functions at
NTIA: a digital-analog converter box program to assist consumers in meeting the
2009 deadline for receiving television broadcasts in digital format; public safety
interoperable communications grants (which would be granted to ensure that public
safety agencies have a standardized format for sharing voice and data signals on the
radio spectrum); New York’s 9/11 digital transition funding (until the Freedom
Tower is completed); assistance to low-power television stations for converting from
analog to digital transmission; a national alert and tsunami warning program; and
funding to enhance a national alert system as stated in the ENHANCE 911 Act of
2004 (P.L. 108-494).
U.S. Patent and Trademark Office (USPTO)29
The USPTO examines and approves applications for patents on claimed
inventions and administers the registration of trademarks. It also assists other federal
departments and agencies to protect American intellectual property in the
international marketplace. The USPTO is funded by user fees paid by customers that
are designated as “offsetting collections” and subject to spending limits established
by the Committee on Appropriations.
The Administration’s FY2009 budget request recommends providing the U.S.
Patent and Trademark Office with $2.075 billion in budget authority, an increase of
8.3% over the current fiscal year. The budget proposal also states that the USPTO
should have “full access” to all fees collected and that fee increases enacted in 2005
and 2006, and extended through 2008, be continued.
The draft bill approved by the House Committee on Appropriations would give
the USTPO the budget authority to spend $2.087 billion in FY2009, 8.9% above
FY2008. S. 3182, as reported from the Senate Committee on Appropriations,
provides the USPTO with $2.075 billion in budget authority, an increase of 8.3%
over the current fiscal year. Both bills would continue the previously enacted fee
increases. The Senate bill also includes language “...to allow the USPTO to have
fuller access to fees...” collected.
P.L. 110-161, the Consolidated Appropriations Act, FY2008, gives the USPTO
the budget authority to spend $1.916 billion in fees collected (8.2% above FY2007)
and mandates the continuation of existing fee increases.
Beginning in 1990, appropriation measures have at times limited the ability of
the USPTO to use the full amount of fees collected in each fiscal year. Although
29 This section was written by Wendy H. Schacht, Specialist in Science and Technology
Policy, CRS Resources, Science, and Industry Division.
CRS-22
over the past several years the USPTO has been given the budget authority to use all
collected fees, this issue remains an area of controversy. Opponents of this approach
argue that agency operations are supported by payments for services that must be
financed in the year the expenses are incurred. Proponents of methods to limit
USPTO fee usage maintain that the fees are necessary to help balance the budget and
the budget authority given to the Office is sufficient to cover operating costs.
National Institute of Standards and Technology (NIST)30
NIST is a laboratory of the Department of Commerce. The organization’s
mandate is to increase the competitiveness of U.S. companies through appropriate
support for industrial development of pre-competitive generic technologies and the
diffusion of government-developed technological advances to users in all segments
of the American economy. NIST research also provides the measurement,
calibration, and quality assurance techniques that underpin U.S. commerce,
technological progress, improved product reliability, manufacturing processes, and
public safety.
For FY2009, the Administration’s original budget proposed $638.0 million in
funding for NIST. On June 6, 2008, the President submitted a series of amendments
to his budget, including a reduction of $2.0 million in the amount requested for NIST
(from the Manufacturing Extension Partnership (MEP) program). The new request
of $636.0 million is 15.9% below FY2008 due to an absence of support for the
Technology Innovation Program (TIP)31 and a significant decrease in financing MEP.
Funding for in-house research and development under the STRS account (including
the Baldrige National Quality Program) is to increase 21.5% to $535.0 million; MEP
would be provided $2.0 million to close out the federally financed portion of the
program such that “...MEP centers will become independent, as intended in the
program’s original authorization.” Construction support would decline 38.3% to
$99.0 million.
The draft bill approved by the House Committee on Appropriations funds NIST
at $816.9 million, 8.1% above FY2008. The STRS account would increase 13.7%
to $500.7 million; support for TIP at $65.2 million would remain constant, and MEP
funding increases 36.2% to $122.0 million. Construction would decrease 19.6% to
$129 million. S. 3182, as reported by the Senate Committee on Appropriations,
provides $813.5 million for the program, an increase of 7.6% over FY2008. Included
is $489.5 million for the STRS account (an 11.1% increase), $65.0 million for TIP,
and $110.0 million for MEP (a 22.8% increase). The construction budget declines
7.2% to $149.0 million.
The Consolidated Appropriations Act, FY2008, P.L. 110-161, funds NIST at
$755.8 million, 11.7% above the FY2007 figure. Support for the STRS account
increased 1.4% to $440.5 million (including the Baldrige National Quality Program).
30 This section was written by Wendy H. Schacht, Specialist in Science and Technology
Policy, CRS Resources, Science, and Industry Division.
31 The Technology Innovation Program replaced the Advanced Technology Program as
mandated by P.L. 110-69.
CRS-23
The Technology Innovation Program (formerly the Advanced Technology Program
(ATP)) was appropriated $65.2 million (with an additional $5.0 million from FY2007
unobligated balances under ATP), 17.6% below FY2007. Funding for the MEP
program decreased 14.4% to $89.6 million. Support for construction almost tripled
to $160.5 million.
Continued support for the Advanced Technology Program was a major funding
issue. ATP was created to provide “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 cited it as a prime example of
“corporate welfare,” whereby the federal government invests in applied research
activities that, they emphasize, should be conducted by the private sector. Others
defended ATP, arguing that it assisted businesses (and small manufacturers) in
developing technologies that, while crucial to industrial competitiveness, would not
or could not be developed by the private sector alone. Although Congress
maintained (often decreasing) funding for ATP, the initial appropriation bills passed
by the House since FY2002 failed to include financing for the program. In FY2006,
support for the program was cut 41.0% and in 2007, P.L. 110-69 replaced ATP with
the Technology Innovation Program, which focuses on small and medium sized
firms. The Consolidated Appropriations Act, FY2008 provides funding for this new
initiative. The Administration’s FY2009 budget request does not include financing
for TIP, whereas both the bills reported from the House and Senate Committees on
Appropriations provide support to FY2008.
The budget for the Manufacturing Extension Partnership, another extramural
program administered by NIST, has been debated since the FY2004 appropriations
deliberations. Although congressional support for MEP remained constant in the
recent past, the Administration’s FY2004 budget request, the initial House-passed
bill, and the FY2004 Consolidated Appropriations Act substantially decreased federal
funding for this initiative, reflecting the President’s recommendation that
manufacturing extension centers “...with more than six years experience operate
without federal contribution.” However, P.L. 108-447 restored financing for MEP
in FY2005 to the level that existed prior to the 63.0% reduction taken in FY2004.
While support decreased in FY2006, it remained significantly above the FY2004
figure; FY2007 funding remained similar to the previous fiscal year. For FY2008,
funding for MEP was reduced. The President’s FY2009 budget proposal
recommends curtailing the federally financed portion of the program and provides
$2.0 million to accomplish this objective. The bills reported from the House and
Senate Committees on Appropriations include large increases in funding for MEP.
As part of the American Competitiveness Initiative,32 announced by the
President in the 2006 State of the Union address, the Administration has indicated
that it intends to double over 10 years funding for “innovation-enabling research”
performed at NIST. This is to be accomplished through increased support of NIST’s
32 For further information, see The White House, Office of Science and Technology Policy,
Domestic Policy Counsel, American Competitiveness Initiative: Leading the World in
Innovation, February 2006, 23 pp.
CRS-24
“core” programs, defined as internal research in the STRS account and the
construction budget. To this end, the President’s FY2007 budget requested an 18.3%
increase in funding for intramural R&D at the laboratory; support for research
performed within the NIST facilities under P.L. 110-5 increased 9.6% over FY2006.
For FY2008, the omnibus appropriations legislation provided for a small increase in
the STRS account. The President’s FY2009 budget proposes an additional 21.5%
funding for this in-house research and development. Increases in the STRS account
are included in the House and Senate bills, but at amounts less than the budget
request.
National Oceanic and Atmospheric Administration (NOAA)33
The mission of NOAA is to understand and predict changes in the Earth’s
environment and conserve and manage coastal and marine resources to meet the
nation’s economic, social, and environmental needs.34
The Bush Administration’s FY2009 revised budget request35 recommends
$4.104 billion for NOAA (see Table 5). This amount is slightly over 5.3%, or $208
million more than FY2008 enacted appropriations of $3.896 billion. The President
requested Congress to restore funding for NOAA programs cut in FY2008 in favor
of “congressionally directed programs,” an estimate of which is around $150
million.36 Funding for these programs is not requested by the Administration for
FY2009. Also, reflected in Table 5 is an Administration budget amendment that
reduced the original FY2009 request for NOAA by $13.2 million.
Table 5 is organized by the FY2009 NOAA budget structure and includes the
Operations, Research, and Facilities (ORF) discretionary account; the Procurement,
Acquisition, and Construction (PAC) discretionary account; and “Other Accounts,”
composed of discretionary funding for the Pacific Coastal Salmon Recovery Fund
(PCSRF), the Coastal Zone Management Fund (CZMF), and NOAA fisheries
financing. Offsetting budget authority for NOAA may also be transferred to or from
another agency, such as with the Promote and Develop American Fishery Products
Fund (PDAF) from USDA; or transferred internally, as with the CZMF. Congress
has also approved additional budget authority from previous fiscal year(s)
unobligated appropriations in some years. From time to time, the agency has also
33 This section was prepared by Wayne A. Morrissey, Information Research Specialist,
Knowledge Services Group.
34 Mission statement, Department of Commerce, NOAA FY2009 Budget Summary, February
4, 2008, at [http://www.corporateservices.noaa.gov/~nbo/FY08%20Rollout%20Materials/
1_31_07_ROLLOUT/Blue_Book/Ch.0_TOC_and_INTRO_08_Final.pdf].
35 See introductory section in this report for the Department of Commerce.
36 CRS estimated this amount according to funding reported by conferees in the Joint
Explanatory Statement to accompany H.R. 2764 (amended), House Appropriation
Committee Print, Consolidated Appropriations Act, 2008, Division B-Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2008, pp. 618-791, January 30, 2008.
Available at [http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_house_
committee_prints&docid=f:39564b.pdf].
CRS-25
received emergency appropriations or has been subject to congressionally mandated
rescissions as noted in Table 5.
Table 5. NOAA Appropriations For
FY2008, the FY2009 Request, and Congressional Action
(budget authority in millions of dollars)a
House
FY2008 FY2009
Senate-
NOAA Accounts
Draft
Enacted Request
Reported
Bill
Operations, Research, and Facilities (ORF)
NOS
National Ocean Service
467.9
449.3
472.2
516.8
NMFS
NOAA Fisheries
708.6
726.2
744.4
777.3
OAR
NOAA Research
387.9
372.3
396.3
403.4
NWS
National Weather Service
805.3
818.8
825.8
847.9
NESDIS NOAA Satellites 179.2
165.3
179.2
177.9
PS
Program Support
392.4
392.4
410.0
426.5
Total ORF Budget Authority
2,941.3
2,924.3 3,027.9
3,149.8
Budget Authority Offsets
(PDAF/CZMF and transfers/deobligations)
(82.0)
(90.0)
(45.6)
(97.9)
Subtotal ORF Discretionary
2,859.3
2,834.3 2,982.3
3,051.9
Procurement, Acquisition, & Construction
(PAC)b,c
979.2
1,238.7 1,212.3
1,258.0
Other Accounts (net total)
PCSRF/CZMF/Finance
58.0
30.9
58.0
86.0
Total: NOAAd,e
3,896.5
4,103.9 4,252.6
4,445.9
Sources: House Committee on Appropriations, Subcommittee on Commerce, Justice, Science, and
related Agencies, Comparative Statement of New Budget (Obligational) Authority for 2008 and
Budget Requests and Amounts Recommended in the Bill for 2009, June 2008; House Committee on
Appropriations, draft bill and report; and Senate Committee on Appropriations, Departments of
Commerce and Justice, Science, and Related Agencies Appropriations Bill, 2009 (S. 3182; S.Rept.
110-397), June 23, 2008.
a. Amounts may not total due to rounding error.
b. The FY2009 PAC request is divided as follows: $24.4 million for NOS; $10.4 million for OAR;
$111.9 million for NWS; $992.6 million for NESDIS; and $92.5 million for Program Support.
(PS) The House bill as reported provides PAC funding as follows: NOS $48.1 million; NMFS
$0; OAR $10.4 million; NESDIS $992.6 million; and PS $49.4 million. The Senate report on
S. 3182 (S.Rept.110-397) recommended PAC funding as follows: NOS $39.4 million; NMFS
$4.6 million; OAR $15.6 million; NWS $106.4 million; $992.6 million; and PS $102.4 million.
In each case, the PAC totals are offset by $2 million in deobligations.
c. The Manager’s Amendment to the draft House bill as reported transfers $32,360,000 to NIST. That
amount is derived from reducing PAC funding for PS for construction of the Pacific Regional
Center reduced from $60,250,00 to $22,890,000 and adding $5,000,000 to the Marine
Sanctuaries Construction/Acquisition (PAC/NOS), which leaves a balance of $32,360,000 for
transfer to NIST.
d. The FY2008 enacted total reflects a rescission of $11.3 million required by P.L. 110-161.
e. In the President’s revised FY2009 budget, to cover various inflationary cost increases at NOAA,
about $4 million from ORF and $9 million from PAC were reprogrammed internally.
CRS-26
The President’s FY2009 Budget Request. Of the $4.104 billion
requested for NOAA for FY2009, $2.834 billion is for ORF; $1.239 billion for PAC;
and a net total of $30.9 million is for NOAA’s Other Accounts, which include
PCSRF, CZMF, and fishery financing (Table 5).37 Additional budget authority (BA)
requested by the President for NOAA would offset the amount of discretionary
funding the agency would require otherwise. For FY2009, $79 million would be
transferred from the PDAF to the ORF account. The PDAF contains collections
transferred from the U.S. Department of Agriculture. Additional offsetting BA for
ORF of $11 million would be derived, with Congress’s approval, from FY2008
unobligated appropriations. Another $3 million would be transferred internally from
CZMF collections to ORF to administer the Coastal Zone Management Program. In
addition to NOAA’s five ORF budget line offices, funding is requested for NOAA
Program Support (PS), a cross-cutting budget activity that funds agency
administration, facilities maintenance, education, and the Office of Marine and
Aviation Operations (OMAO). The OMAO funds marine services (hydrographic
data collection) and manages the fleet of marine vessels and aircraft, including the
NOAA Corps commissioned officers who pilot them.
Bush Administration’s overarching budget priorities for NOAA for FY2009
include (1) Congress’s authorizing the agency to use unobligated appropriations and
reprogramming budget authority for programs it did not request in FY2008, that is,
“congressionally directed programs”; (2) “recapitalizing” NOAA by infusing funding
into aging facilities, equipment, technology, vessels, buildings, and other agency
infrastructure; (3) assuring that NOAA satellite programs are able to meet mission
requirements and keep to schedule; (4) managing and maintaining meteorological,
climate, and environmental data; and (5) implementing the President’s Ocean
Initiative.38
House Appropriations Committee Recommendations. The House CJS
Subcommittee on Appropriations amendment recommends a total of $4.212 billion
for NOAA for FY2009 (Table 5). This amount is about 7.5%, or $316 million, more
than FY2008 enacted level of $3.896 billion. It is 2.6%, or $108 million more than
the FY2009 request of $4.104 billion. Further, it is 5.2%, or $235 million less than
the Senate Appropriation Committee recommendation of $4.446 billion. The House
committee recommends funding for NOAA discretionary accounts as follows: ORF
$2.982 billion; PAC $1.212 billion; and Other Accounts, a net $58 million (i.e.,
PCSRF $65 million, CZMF $3 million; and fisheries financing an offsetting $4
million).
Senate Appropriations Committee Recommendations. The Senate
CJS Subcommittee on Appropriations recommends a total of $4.446 billion for
NOAA for FY2009 (Table 5). This amount is 14.2 %, or $550 million more than the
37 The request for PCSF was $35 million. However, NOAA’s accounting is sensitive to
offsetting budget authority and, therefore, the amount of $30.9 million is a net total for
Other Accounts.
38 See Department of Commerce, NOAA, FY2009 Budget Highlights, “President’s Ocean
Initiative,” at [http://www.corporateservices.noaa.gov/~nbo/FY09_Rollout_Materials/POI_
One_Pager_FINAL.pdf].
CRS-27
$3.896 billion enacted for FY2008 and 8.3%, or $342 million, more than the $4.104
billion requested for FY2009. The Senate committee recommends funding for
NOAA discretionary accounts as follows: ORF $3.052 billion; PAC $1.258 billion;
and a net $86 million for NOAA’s Other Accounts (i.e., PCSRF $90 million, CZMF
$3 million, and fisheries financing an offset of $4 million). The Senate also proposes
a $50 million Disaster Mitigation Fund (DMF) that would primarily support victims
of economic hardship in communities whose livelihood depends on fisheries and
living marine natural resources.
Comparison of Provisions. In all circumstances, total funding for NOAA
would be increased, as compared with total appropriations of $3.896 billion that
NOAA received for FY2008. Discretionary funding requested by the President for
ORF for FY2009 is less than FY2008 appropriations however. The President
requests about a third of the amount of funding for the PCSRF that is recommended
by the Senate Appropriations Committee. The House recommends about two-thirds
of the Senate committee recommendation for PCSRF. It appears that discretionary
funding for ORF, and in particular, NOS, OAR, and NESDIS would be most affected
by cuts proposed by the Administration for FY2009. Although the House committee
recommendation for PAC is less than the Administration’s request, this is because
$32.4 million of PS funding for construction would be transferred to the National
Institute of Standards and Technology (NIST). The Senate committee has no similar
proposal. In general, the Senate committee recommendation shows substantial
increases for NOAA across the board. The Senate bill report indicates that this
recommendations would be to strengthen national response to the U.S. Joint Ocean
Commission finding on U.S. ocean policy.39 For the NOAA Geostationary Earth-
orbiting Observation Satellite (GOES) funding, the House and Senate committees
recommended about $520.3 million. Also, both recommend $65.4 million for the
management of the last of NOAA’s current Polar-orbiting Earth Observations
Satellites (POES) and $288 million would be for the NOAA/DOD/NASA National
Polar-orbiting Earth Observation Satellite System (NPOESS), which combined with
supporting ground control systems totals $992.6 million, the same amount requested
by the Bush Administration for FY2009.
Where House and Senate committee funding proposals appear to diverge
significantly is in the Senate’s recommendation for the PCSRF (3:2) and the Senate
committee $50 million Disaster Mitigation Fund. The Senate committee also
proposes more additional funding than the House for increased fuel costs and
encouraged the Administration to more aggressively seek opportunities for
commercial satellite data acquisition to support federal programs. Further, the Senate
committee cited “more than $425,000,000 worth of open competitive funding ... not
at the expense of basic science operations and research requested by the
Administration,” which is in addition to ocean-related programs funded under the
NOAA Sea Grant Program, Ocean Explorations, Marine Sanctuaries, Response and
39 U.S. Congress, Senate Committee on Appropriations, Subcommittee on the Departments
of Commerce, Justice, Science, and Related Agencies, Departments of Commerce, Justice,
Science, and Related Agencies Appropriations Bill, 2009, Report to Accompany S. 3182
(S.Rept. 110-397), June 23, 2008, p. 29, “Joint Ocean Commission Initiative.”
CRS-28
Restoration, Navigation Services, Integrated Ocean Observation Systems, and the
Coral Reef program.
Department of Justice40
Background
Established by an act of 1870 (28 U.S.C. 501) with the Attorney General at its
head, the Department of Justice provides counsel for citizens in federal cases and
protects them through law enforcement. It represents the federal government in all
proceedings, civil and criminal, before the Supreme Court. In legal matters,
generally, the Department provides legal advice and opinions, upon request, to the
President and executive branch department heads. The major functions of DOJ
agencies and offices are described below.
! 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, detains and transports unsentenced prisoners,
and apprehends fugitives.
! Federal Bureau of Investigation (FBI) investigates violations of
federal criminal law; helps protect the United States against
terrorism and hostile intelligence efforts; provides assistance to other
federal, state, and local law enforcement agencies; and shares
jurisdiction with Drug Enforcement Administration 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
activities; and conducts joint intelligence-gathering activities with
foreign governments.
! Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
enforces federal law related to the manufacture, importation, and
distribution of alcohol, tobacco, firearms, and explosives. It was
40 This section was written by Celinda Franco, CRS Specialist in Crime and Drug Policy,
Nathan James, CRS Analyst in Crime Policy, Domestic Social Policy Division, and William
J. Krouse, CRS Specialist in Domestic Security and Crime Policy. For further information,
see CRS Report RL34530, Department of Justice (DOJ) Appropriations for FY2008 and
FY2009, by William J. Krouse, Celinda Franco, and Nathan James.
CRS-29
transferred from the Department of the Treasury to the Department
of Justice by the Homeland Security Act of 2002 (P.L. 107-296).
! Federal Prison System (Bureau of Prisons) 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 on Violence Against Women coordinates legislative and other
initiatives relating to violence against women and administers grant
programs to help prevent, detect, and stop violence against women,
including domestic violence, sexual assault, and stalking.
! Office of Justice Programs (OJP) manages and coordinates the
activities of the Bureau of Justice Assistance, Bureau of Justice
Statistics, National Institute of Justice, Office of Juvenile Justice and
Delinquency Prevention, Community Oriented Policing Services
(COPS), and the Office of Victims of Crime.
Most crime control has traditionally been a state and local responsibility. With
the passage of the Crime Control Act of 1968 (P.L. 90-351), however, the federal
role in the administration of criminal justice has increased incrementally. Since
1984, Congress has approved five major omnibus crime control bills, designating
new federal crimes, penalties, and additional law enforcement assistance programs
for state and local governments.
FY2009 Budget Request and Congressional Action. The President’s
FY2009 DOJ budget request includes $23.089 billion as shown in Table 6. This
amount reflects a reduction in funding of $503 million compared to the FY2008
enacted appropriation of $23.592 billion. This overall reduction of 2.1% is largely
reflected in proposed reductions in grants administered by the Office of Justice
(OJP), Community Oriented Policing Services (COPS) program, and Office of
Violence Against Women (OVW).
The House Appropriations Committee has approved a draft bill that would
provide DOJ with $25.439 billion for FY2009. This amount includes $7.108 billion
for the FBI, $1.939 billion for the DEA, $1.054 billion for the ATF, and $5.734
billion for the Bureau of Prisons. The House draft bill also includes $3.129 billion
in state and local law enforcement assistance (OJP and OVW), instead of cutting
such funding by $1.62 billion, as proposed by the Administration.
CRS-30
Table 6. Funding for the Department of Justice
(budget authority in millions of dollars)
FY2008
FY2009
House
Senate-
FY2009
Accounts
Enacteda
Request
Draft Bill Reported
Enacted
General Administration
1,794.8
1,952.1
2,014.2
1,928.4
General Administration
257.6
321.3
384.7
292.7
Administrative Review & Appeals
240.6
259.8
264.8
264.8
Detention Trustee
1,225.9
1,295.3
1,289.1
1,295.3
Office of the Inspector General
70.6
75.7
75.7
75.7
U.S. Parole Commission
11.5
12.6
12.6
12.6
Legal Activities
3,584.0
3,829.7
3,841.9
3,864.7
General legal activities
745.5
804.0
804.0
804.0
United States Attorneys
1,754.8
1,831.3
1,836.3
1,831.3
United States Marshals Service
866.5
933.1
940.3
968.1
Other
217.1
261.2
261.2
261.2
National Security Division
73.4
83.8
83.8
83.8
Interagency Law Enforcement
497.9
531.6
521.9
511.7
Federal Bureau of Investigation
6,657.7
7,108.1
7,108.1
7,270.1
Salaries and expenses
4,184.9
4,339.6
3,310.1
4,359.7
Counterintelligence and National
2,308.6
2,725.5
3,755.0
2,725.5
Security
Construction
164.2
43.0
43.0
185.0
Drug Enforcement Administration
1,857.6
1,936.6
1,939.1
1,954.4
Bureau of Alcohol, Tobacco,
Firearms and Explosives
1,007.6
1,027.8
1,054.2
1,042.8
Federal Prison System
5,425.5
5,533.9
5,733.9
5,973.9
Office of Violence Against Women
400.0
280.0
435.0
415.0
Office of Justice Programs
2,282.0
792.7
2,694.1
2,721.1
Justice assistance
196.2
134.6
95.0
240.0
State and local law enforcement
assistance
1,008.1b
404.0
1,277.0
1,387.0
Weed and seed program fund
32.1
—
—
25.0
Community oriented policing
services
587.2
—
627.0
600.0
Salaries and Expensesc
—
—
195.0c
—
Juvenile justice programs
383.5
185.0
431.0
400.0
Public safety officers benefits
74.8
69.1
69.1
69.1
Total: Department of Justice
23,591.9
23,088.9
25,438.7
25,778.6
Sources: House Appropriations Committee Print on the Consolidated Appropriations Act, 2008
(H.R. 2764/P.L. 110-161); Budget of the United States Government, Fiscal Year 2009 — Appendix;
House Appropriations Committee-approved draft bill and report; and S. 3182 (S.Rept. 110-397).
Note: Amounts may not total due to rounding.
a. The FY2008 Enacted column does not reflect a DOJ budget reprogramming request for $240
million that has been submitted by the Administration to the House and Senate Committees on
Appropriations, and partially approved by the committees for $109 million. Nor does it reflect
additional FY2008 funding that was provided to some DOJ agencies as part of the Supplemental
Appropriations Act, 2008 (P.L. 110-252).
CRS-31
b. Includes $100 million in emergency funding that was appropriated for security at the Presidential
Nominating Conventions.
c. The House committee-approved draft bill included an account that provided $195 million for
salaries and expenses of OJP, OVW, and COPS.
The Senate Appropriations Committee has reported a bill (S. 3182; S.Rept. 110-
252) that would provide DOJ with $25.779 billion for FY2009. This amount
includes $7.27 billion for the FBI, $1.954 billion for the DEA, $1.043 billion for the
ATF, and $5.974 billion for the Bureau of Prisons. The Senate-reported bill also
includes $3.136 billion in state and local law enforcement assistance (OJP and
OVW).
In addition, Congress has provided DOJ with an additional $449 million in
FY2008 funding as part of the Supplemental Appropriations Act, 2008 (P.L. 110-
152). This FY2008 supplemental funding has not been incorporated into the Table
6. Instead, that funding is broken out separately in Table 7.
Table 7. FY2008 Supplemental Funding for
the Department of Justice
(budget authority in millions of dollars)
House-
Senate-
Enacted
Accounts
Request
Passed
Passed
June 26,
May 15
May 22
2008
General Administration
—
4.0
4.0
4.0
Office of the Inspector General
—
4.0
4.0
4.0
Legal Activities
24.0
25.3
75.3
35.3
General Legal Activities
4.1
1.7
1.7
1.7
U.S. Attorneys
5.0
5.0
5.0
5.0
U.S. Marshals Service
14.9
18.6
68.6
28.6
Federal Bureau of Investigation
140.2
174.8
247.6
188.7
Counterterrorism
101.1
92.2
165.0
106.1
FY2009 Advanced Appropriation
39.1
82.6
82.6
82.6
Drug Enforcement Administration
8.5
12.2
22.7
29.9
Bureau of Alcohol, Tobacco, Firearms
4.0
4.0
4.0
4.0
and Explosives
Federal Prison System
9.1
187.1
187.1
187.1
State and Local Law Enforcement
Assistance
—
—
590.0
—
Total: FY2008 DOJ Supplemental
185.8
407.3
1,130.6
449.0
Sources: For House amounts, see Congressional Record, Daily Edition, vol. 154 (May 15,
2008), p. H4012. For Senate amounts, see Congressional Record, Daily Edition, vol. 154
(May 19, 2008), p. S4302. For enacted amounts, see the Supplemental Appropriations Act,
2008 (P.L. 110-252).
Note: Amounts may not total due to rounding.
CRS-32
FY2008 Supplemental Funding Request and Congressional Action.
For FY2008, the Administration requested $185.8 million in supplemental funding
for DOJ as shown in Table 7. The House-passed bill (H.R. 2642) would have
provided DOJ with $407.3 million in supplemental funding, and the Senate-passed
bill (also H.R. 2642) would have provided $1.131 billion. In an exchange of
amendments, the House and Senate resolved their differences, and the bill was
cleared for the President on June 26, 2008. The Supplemental Appropriations Act,
2008 (P.L. 110-252) includes an additional $449 million for DOJ. Although the
discussion below provides the amounts at the account and subaccount level provided
for DOJ in P.L. 110-252, those amounts have not been incorporated into the FY2008
enacted funding levels given below.
General Administration
The General Administration account provides funds for salaries and expenses
for the Attorney General’s office, the Inspector General’s office, as well as other
programs designed to ensure that the collaborative efforts of DOJ agencies are
coordinated to help fight crime as efficiently as possible. The General
Administration budget request is $1.952 billion for FY2009. This amount is $157.3
million more than the enacted FY2008 appropriation of almost $1.795 billion, an
increase of 8.8%. The House committee-approved draft bill would provide $2.014
billion for General Administration, 12.2% more than the FY2008 enacted level and
3.2% more than the FY2009 request. The Senate-reported bill would provide $1.928
billion for General Administration, 7.4% more than the FY2008 level and 1.2% less
than the FY2009 request.
Also, in Supplemental Appropriations Act, 2008 (P.L. 110-252), Congress
provided the Office of the Inspector General (OIG) with an additional $4 million.
Described below are several General Administration subaccounts, such as the OIG.
General Administration. For General Administration, the FY2009 budget
request includes $321.3 million dollars, an increase of $63.7 million over the $257.6
million appropriation for FY2008 (an increase of 24.7%). Examples of programs
funded under this subaccount include the Joint Automated Booking System and the
Automated Biometric Identification System. The latter is designed to integrate
fingerprint identification systems maintained by DOJ and Department of Homeland
Security (DHS). Under this subaccount, DOJ also continues to enhance its
counterterrorism and intelligence capabilities through the Law Enforcement Wireless
Communications program (LEWC, formerly known as Narrowband
Communications), through which nation-wide integrated wireless networks are being
developed and implemented to support the federal law enforcement and homeland
security missions of DOJ. In addition, funding for the Justice Information Sharing
Technology (JIST) program provides for investments in information technology to
further support the Department’s strategic goals.
The House draft bill would provide $384.7 million, 49.3% more than FY2008
level and 19.7% more than the President’s request. The Senate-reported bill would
provide $292.7 million, 13.6% more than FY2008 enacted level, but 8.9% less than
the President’s request.
CRS-33
Administrative Review and Appeals (ARA). ARA includes the Executive
Office of Immigration Review (EOIR) and the Office of the Pardon Attorney (OPA).
The Attorney General is responsible for the review and adjudication of immigration
cases in coordination with the DHS’s efforts to secure the nation’s borders. The
EOIR handles these matters. The OPA receives and reviews petitions for executive
clemency. For FY2008, Congress appropriated $240.6 million for ARA. The
President’s budget request includes $259.8 million for ARA funding in FY2009. The
requested amount exceeds the FY2008 funding level by $19.1 million, representing
an increase of 8.0%. The House draft bill would provide $264.8 million, 10% more
than the FY2008 enacted level and 1.9% more than the President’s request. The
Senate-reported bill would provide the same amount as the House draft bill.
Federal Office of Detention Trustee (OFDT). The OFDT provides overall
management and oversight for federal detention services relating to federal prisoners
in non-federal institutions or otherwise in the custody of the U.S. Marshals Service.
The FY2009 budget request for OFDT is almost $1.295 billion. This amount is 5.7%
more than the FY2008 appropriation of almost $1.226 billion. The House draft bill
would provide $1.289 billion for OFDT, 5.1% more than FY2008 enacted levels and
0.5% less than the President’s request. The Senate-reported bill would provide the
same amount as the President’s request.
Office of the Inspector General (OIG). The OIG is responsible for
detecting and deterring waste, fraud, and abuse involving DOJ programs and
personnel; promoting economy and efficiency in DOJ operations; and investigating
allegations of departmental misconduct. The President’s FY2009 budget request
includes nearly $75.7 million for the OIG. This amount is $5.1 million greater than
the amount appropriated by Congress for FY2008 and would represent a 7.2%
increase in funding for FY2009. Both the House draft and Senate-reported bills
would provide the same amount as the President’s FY2009 request.
As noted above, the Supplemental Appropriations Act, 2008 (P.L. 110-252)
includes an additional $4 million for the OIG.
U.S. Parole Commission
The U.S. Parole Commission adjudicates parole requests for prisoners who are
serving felony sentences under federal and District of Columbia code violations. For
FY2009, the President’s budget request for the Parole Commission is just under
$12.6 million, or a 9.7% increase as compared to the FY2008 appropriation of almost
$11.5 million. Both the House committee-approved draft bill and the Senate-
reported bill would provide the same amount as in the President’s FY2009 request.
Legal Activities
The Legal Activities account includes several subaccounts: (1) general legal
activities, (2) U.S. Attorneys, (3) U.S. Marshals Service, and (4) other legal activities.
For FY2009, the President’s budget request for legal activities includes almost
$3.830 billion, an increase of 6.9% and nearly $245.7 million more than the FY2008
enacted funding level of $3.584 billion for these activities. The House committee-
CRS-34
approved draft bill would provide almost $3.842 billion for legal activities, 7.2%
more than the FY2008 enacted level and 0.3% more than the President’s request.
The Senate-reported bill would provide almost $3.865 billion, 7.8% more than the
FY2008 enacted level and 0.9% more than the President’s request.
In the Supplemental Appropriations Act, 2008 (P.L. 110-252), Congress
provided an additional $35.3 million in FY2008 funding for certain Legal Activities
program accounts, including the General Legal Activities, U.S. Attorneys, and U.S.
Marshals Service.
General Legal Activities. 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). The
FY2009 budget request includes $804 million for general legal activities, $58.5
million more than the FY2008 enacted appropriation, or a proposed 7.8% increase
in funding. The House draft and Senate-reported bills include the same level of
funding as the President’s FY2009 budget request.
As part of the Supplemental Appropriations Act, 2008 (P.L. 110-252), Congress
provided an additional $1.7 million for the General Legal Activities account.
Office of the U.S. Attorneys. The U.S. Attorneys enforce federal laws
through prosecution of criminal cases and represent the federal government in civil
actions in all of the 94 federal judicial districts. For FY2009, President’s budget
request would provide $1.831 billion for the U.S. Attorneys Office, a 4.4% increase
over the prior year. For FY2008, the U.S. Attorneys’ appropriated budget was almost
$1.755 billion. The House draft bill includes $1.836 billion for the U.S. Attorneys
Office, 4.6% more than enacted FY2008 appropriations, and 0.3% more than the
President’s FY2009 request. The Senate-reported bill includes the same level of
funding as requested by the President for FY2009.
In addition, the Supplemental Appropriations Act, 2008 (P.L. 110-252) includes
an additional $5 million for the Office of the U.S. Attorneys.
U.S. Marshals Service (USMS). The USMS is responsible for the
protection of the federal judicial process, including protecting judges, attorneys,
witnesses, and jurors. In addition, USMS provides physical security in courthouses,
safeguards witnesses, transports prisoners from court proceedings, apprehends
fugitives, executes warrants and court orders, and seizes forfeited property. For
FY2008, the appropriation for the USMS was $866.5 million. The President’s
request for FY2009 proposed USMS funding of $933.1 million, an increase of $66.6
million, or 7.7% over the FY2008 enacted level. The House draft bill would provide
$940.3 million for USMS, 8.5% more than FY2008 enacted levels and 0.8% more
than the President’s budget request. The Senate-reported bill would provide $968.1
million, 11.7% more than FY2008 enacted funding and 3.8% more than the
President’s budget request.
The Supplemental Appropriations Act, 2008 (P.L. 110-252) includes an
additional $28.6 million for the USMS.
CRS-35
Other Legal Activities. For other legal activities — the Community
Relations Service, the U.S. Trustee Fund (which is responsible for maintaining the
integrity of the U.S. bankruptcy system by, among other things, prosecuting criminal
bankruptcy violations), and the Asset Forfeiture program — the President’s FY2009
budget request includes $261.2 million. This amount reflects an increase in funding
of $44.1 million, or a 20.3% increase over the FY2008 enacted level of $217.1
million. The House draft and Senate-reported bills would provide the same funding
level as requested in the FY2009 President’s budget.
National Security Division (NSD)
The NSD coordinates DOJ’s national security and terrorism missions through
law enforcement investigations and prosecutions. The NSD was established in DOJ
in response to the recommendations of the Commission on the Intelligence
Capabilities of the United States Regarding Weapons of Mass Destruction (WMD
Commission), and authorized by Congress on March 9, 2006, in the USA PATRIOT
Improvement and Reauthorization Act of 2005 (P.L. 109-177). Under the NSD, the
DOJ resources of the Office of Intelligence Policy and Review and the Criminal
Division’s Counterterrorism and Counterespionage Sections were consolidated to
coordinate all intelligence-related resources and ensure that criminal intelligence
information is shared, as appropriate.
For FY2009, the President’s budget request proposes NSD funding of $83.8
million. In FY2008, Congress appropriated nearly $73.4 million for NSD. The
proposed funding level for FY2009 reflects a 14.2% increase over FY2008 enacted
appropriation. The House committee-approved draft and Senate-reported bills would
provide the same funding level as requested in the FY2009 President’s budget.
Interagency Law Enforcement
The Interagency Law Enforcement account reimburses departmental agencies
for their participation in the Organized Crime Drug Enforcement Task Force
(OCDETF) program. Organized into nine regional task forces, this program
combines the expertise of federal agencies with the efforts of state and local law
enforcement to disrupt and dismantle major narcotics-trafficking and money-
laundering organizations. From DOJ, the federal agencies that participate in
OCDETF are the Drug Enforcement Administration; the Federal Bureau of
Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S.
Marshals Service; the Justice, Tax and Criminal Divisions of DOJ; and the U.S.
Attorneys. From DHS, the U.S. Bureau of Immigration and Customs Enforcement
and the U.S. Coast Guard participate in OCDETF. In addition, the Internal Revenue
Service and Treasury Office of Enforcement also participate from the Department of
the Treasury. State and local law enforcement agencies participate in approximately
90% of all OCDETF investigations.41
41 U.S. Department of Justice, Interagency Law Enforcement, FY2009 Interagency Crime
and Drug Enforcement Congressional Submission, February 2008, p. 9.
CRS-36
For FY2009, the President’s request would provide almost $531.6 million for
OCDETF. The proposed FY2009 funding level would exceed the FY2008 OCDETF
enacted funding level of $497.9 million by 6.8%. The House draft bill would provide
$521.9 million, 4.8% more than the FY2008 enacted level, but 1.8% less than the
President’s request. The Senate-reported bill would provide $511.7 million, 2.8%
more than the FY2008 enacted level, but 3.7% less than the President’s request.
Federal Bureau of Investigation (FBI)
The FBI is the lead federal investigative agency charged with defending the
country against foreign terrorist and intelligence threats; enforcing federal laws; and
providing leadership and criminal justice services to federal, state, municipal, tribal,
and territorial law enforcement agencies and partners. Since the September 11, 2001
terrorist attacks, the FBI has reorganized and reprioritized to focus more sharply on
preventing terrorism and related criminal activities.
For FY2009, the President’s request would provide $7.108 billion for the FBI,
including $2.726 billion for counterterrorism investigations, foreign
counterintelligence, and other national security activities, as well as construction
funding of nearly $43 million. The enacted FY2008 FBI budget included $6.658
billion, of which $2.309 billion was provided for national security activities, and
$164.2 million was provided for construction. Taken as a whole, the FY2009 budget
request would exceed the FBI’s FY2008 funding level by $450.4 million, an overall
funding increase of 6.8%.
The House committee-approved draft bill would provide FY2009 FBI funding
at the same levels as the President’s budget request. The Senate-reported bill would
provide $7.27 billion for the FBI, 9.2% more than the FY2008 funding level and
2.3% more than the President’s request and the House amount.
In the Supplemental Appropriations Act, 2008 (P.L. 110-252), Congress
provided the FBI with an additional $188.7 million for counter terrorism purposes,
of which $106.1 million is a supplemental appropriation for FY2008 and $82.6
million is an advanced FY2009 appropriation to ensure operational continuity in the
event that the FY2009 appropriations are not enacted by the end of FY2008.
Drug Enforcement Administration (DEA)
The DEA is the lead federal agency tasked with reducing the illicit supply and
abuse of dangerous narcotics and drugs through drug interdiction and seizing of illicit
revenues and assets from drug trafficking organizations. According to DEA, the
agency’s efforts to reduce the drug supply has contributed to a 23% drop in national
drug use over the past five years.42 By 2009, one of DEA’s goals is to recover $3
billion in ill-gotten proceeds annually from international drug trafficking networks
operating in the United States. In Congressional testimony on April 19, 2007, DEA
42 Statement of Karen Tandy, Administrator, Drug Enforcement Agency, Hearing before the
Senate Committee on Appropriations, Subcommittee on Commerce, Justice, Science, and
Related Agencies, Drug Threats and Enforcement Challenges, April 19, 2007.
CRS-37
noted that they continue to face evolving challenges in limiting the supply of illicit
drugs such as the illicit use of pharmaceutical drugs available through the Internet;
enforcement along the Southwest border with Mexico where DEA estimates that
85% of illicit drugs are smuggled into the United States.43
For FY2009, the President’s budget requests almost $1.937 billion in funding
for DEA. This amount would exceed the enacted FY2008 funding level of $1.858
billion by $79 million and would reflect a 4.3% funding increase. The House
committee-approved draft bill would provide $1.939 billion, 4.4% above the FY2008
enacted level and 0.1% over the FY2009 request. The Senate-reported bill would
provide $1.954 billion, 5.2% above the FY2008 enacted level and 0.9% over the
FY2009 request.
As part of the Supplemental Appropriations Act, 2008 (P.L. 110-252), DEA
received an additional $29.9 million.
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
The ATF enforces federal criminal law related to the manufacture, importation,
and distribution of alcohol, tobacco, firearms, and explosives. ATF works both
independently and through partnerships with industry groups, international, state and
local governments, and other federal agencies to investigate and reduce crime
involving firearms and explosives, acts of arson, and illegal trafficking of alcohol and
tobacco products.
For FY2009, the President’s request includes nearly $1.028 billion for ATF.
The President’s request would provide a funding increase of $20.2 million, or 2%
more than FY2008 enacted level. The House committee-approved draft bill would
provide $1.054 billion, 4.6% above the FY2008 enacted level and 2.6% over the
FY2009 request. The Senate-reported bill would provide $1.043 billion, 3.5% above
the FY2008 enacted level and 1.5% over the FY2009 request.
As part of the Supplemental Appropriations Act, 2008 (P.L. 110-252), ATF
received a supplemental appropriation of $4 million.
Federal Prison System (Bureau of Prisons)
The Bureau of Prisons (BOP) maintains federal penal institutions nationwide
and contracts with state, local, and private facilities for additional detention space.
BOP projects that in 2008 there will be 207,020 inmates in the federal prison system
population, and BOP estimates that this population will grow to approximately
213,220 by the end of 2009.44 Of the total number of federal inmates, nearly 167,000
are in facilities operated by BOP, while the remaining 17% are in contract care at
privately operated secure facilities, residential reentry centers, or serving a sentence
43 Ibid.
44 U.S. Department of Justice, Federal Bureau of Prisons, FY2009 Congressional Budget
Submission, p. 2.
CRS-38
of home confinement. BOP estimates that its facilities were operating at 39% above
capacity, as of January 29, 2008, and they estimate that by 2009 the facilities will be
operating at 42% above capacity.45
The President’s FY2009 budget request proposes BOP funding of almost $5.534
billion, of which $95.8 million would be provided for acquisition of sites and
construction of facilities. This amount would exceed total enacted FY2008
appropriations of $5.426 billion by over $108.4 million, reflecting a 2% increase.
The House committee-approved bill includes $5.734 billion for the BOP, a 5.7%
increase over the FY2008 enacted level and a 3.6% increase over the FY2009
request. The Senate-reported bill includes $5.974 billion for BOP, a 10.1% increase
over the FY2008 enacted level and an 8% increase over the FY2009 request.
The Supplemental Appropriations Act, 2008 (P.L. 110-252) includes an
additional $187.1 million for the BOP.
Office on Violence Against Women
The Office on Violence Against Women (OVW) was created to administer
programs created under the Violence Against Women Act (VAWA) of 1994 and
subsequent legislation. These programs provide financial and technical assistance
to communities around the country to facilitate the creation of programs, policies,
and practices designed to improve criminal justice responses related to domestic
violence, dating violence, sexual assault, and stalking.
The President’s FY2009 budget request would provide $280 million for OVW,
a reduction of $120 million or a 30% decrease in funding compared to FY2008
funding of $400 million. Under the President’s FY2009 proposal, OVW’s current
formula and discretionary grant programs would be consolidated into a single grant
program, the Prevention and Prosecution of Violence Against Women and Related
Victim Services Program. Grants under the proposed consolidated program would
be awarded on a competitive basis to state, local, and tribal governments. Funding
would support efforts to develop and implement effective, coordinated prevention
and prosecution of domestic violence, dating violence, sexual assault and stalking,
and support related victims services. According to the President’s FY2009 proposal,
the consolidated grant awards would be “designed to forge state, local and tribal
partnerships among police, prosecutors, the judiciary, victim advocates, health care
providers, faith leaders, and others to help provide victims with protection and
needed services, while enabling communities to hold offenders accountable.”46
Both the House committee-approved draft bill and the Senate-reported bill reject
the Administrations consolidation proposal and would maintain OVW’s current
program structure. The House draft bill would provide OVW with $435 million, an
increase of 8.8% over the FY2008 enacted level and 55.4% over the FY2009 request.
45 Ibid., pp. 2-3.
46 U.S. Executive Office of the President, Office of Management and Budget, Budget for
Fiscal Year 2009, Appendix, p. 728.
CRS-39
The Senate-reported bill would provide $415 million, an increase of 3.8% over the
FY2008 enacted level and 48.2% over the FY2009 request.
Office of Justice Programs
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 related grant programs. For OJP, the Administration’s FY2009 budget request
includes $792.7 million, or nearly $1.489 billion less than the FY2008 appropriation
of $2.282 billion. The House committee-approved draft bill includes $2.694 billion,
an increase of 18.1% over the FY2008 enacted level and an increase of 239.8% over
the FY2009 request. The Senate-reported bill includes $2.721 billion, an increase of
19.2% over the FY2008 enacted level and an increase of 243.2% over the FY2009
request.
Justice Assistance. The Administration’s FY2009 request includes $134.6
million for this account, or 31.4% less than what was appropriated in FY2008. The
FY2009 request includes funding for the following programs:
! $34.7 million for National Institute of Justice (NIJ);
! $53 million for the Bureau of Justice Statistics (BJS);
! $34.2 million for the Regional Information Sharing System (RISS);
and
! $12.7 million for support services and administrative expenses for
the Office of Victims of Crime.
By comparison, the enacted FY2008 appropriation for Justice Assistance is
$196.2 million. Some of the programs funded under that amount:
! $37 million for NIJ;
! $34.8 million for BJS;
! $40 million for RISS;
! $50 million for missing children programs; and
! $11.3 million to support state and local law enforcement agencies in
the prevention, investigation and prosecution of Internet, high-tech
and economic crimes.47
The House draft bill would provide $95 million for the Justice Assistance
account, 51.6% less than the FY2008 enacted level and 29.4% less than the FY2009
request.48 The Senate-reported bill would provide $240 million for the justice
47 Congressional Record, Daily Edition, vol. 153 (December 17, 2007), p. H15800.
48 The House committee-approved draft bill included funding for several programs that
received appropriations for FY2008 under the Justice Assistance account under different
accounts for FY2009. For example, the House-recommended bill included $63 million for
missing children program under the Juvenile Justice Programs account, $18 million for
grants to support state and local law enforcement agencies in the prevention, investigation
and prosecution of Internet, high-tech and economic crimes under the State and Local Law
(continued...)
CRS-40
assistance account, 22.3% more than the FY2008 enacted level and 78.2% more than
the FY2009 request.
State and Local Law Enforcement Assistance. The Administration has
requested $404 million for the State and Local Law Enforcement Assistance account
for FY2009. In addition, the Administration has proposed collapsing 16 State and
Local Law Enforcement Assistance grant programs, 14 COPS grant programs
(described below), along with the Weed and Seed program (also described below),
into three competitive grant programs. Under this proposal, the FY2009 request
includes:
! $200 million for a Violent Crime Reduction Partnership Initiative to
assist communities experiencing high rates of violent crime — with
an emphasis on reducing drug trafficking and gang activity — by
providing resources for forming and participating in multi-
jurisdictional task forces that would include members of federal,
state, and local law enforcement;
! $200 million for a Byrne Public Safety and Protection Program to
assist and allow state, municipal, local, tribal, and territorial
governments with developing programs that address the particular
needs of their jurisdiction; and
! $4 million for community policing training and technical assistance
for state, municipal, local, tribal and territorial governments and
other public and private entities to advance community policing,
expand cooperation between law enforcement agencies and
community members, and enhance public safety.
By comparison, the FY2009 budget request of $404 million for the State and Local
Law Enforcement Assistance grants program is $504.1 million less than the $908.1
million49 Congress appropriated for this program for FY2008.
The House draft bill includes $1.277 billion for the State and Local Law
Enforcement Assistance account, 40.6% more than the FY2008 enacted level and
216.1% more than the FY2009 request. The Senate-reported bill includes $1.387
billion for this account, 52.7% more than the FY2008 enacted level and 243.3% more
than the FY2009 request.
Weed and Seed Program. The Weed and Seed program is designed to
provide grants to help communities build stronger, safer neighborhoods by
implementing local-level approaches to solve and prevent crimes. The program
provides assistance for community-based strategies of “weeding and seeding”
48 (...continued)
Enforcement Assistance account, and $45 million for RISS under the Community Oriented
Policing Services account.
49 Excluding the $100 million in emergency funding that Congress appropriated for security
at the Presidential Nominating Conventions under this program.
CRS-41
activities based on the premise that leaders from neighborhood and community
organizations, including faith-based organizations, law enforcement and private
enterprise, must be involved in leveraging resources to solve community problems
at the local level. Site funding generally provides resources for “weeding” activities,
which include joint law enforcement operations and community policing, and
“seeding” activities, which range from prevention activities, including physically
improving the neighborhood and economic development.
The enacted FY2008 level of funding for the Weed and Seed program is $32.1
million. The Administration did not request any funding for the Weed and Seed
program for FY2009. Instead, the Administration’s grant consolidation proposal
would incorporate the Weed and Seed program into the proposed Byrne Public Safety
and Protection program (described above). The House committee-approved draft bill
includes $15 million for the Weed and Seed program, 53.3% less than the FY2008
enacted level.50 The Senate-reported bill includes $25 million for Weed and Seed,
22.1% less than the FY2008 enacted level.
Community Oriented Policing Services. For FY2009, the
Administration’s budget request does not include specific funding for a number of
COPS programs and initiatives. Instead, the Administration proposes consolidating
COPS grant programs under the proposed $4 million “competitive” community
policing training and technical assistance program (described above). By comparison,
for FY2008 Congress enacted $587.2 million in appropriations for COPS programs.
For FY2009, the House draft bill includes $627 million for COPS, 6.8% more than
the FY2008 enacted level. The Senate-reported bill includes $600 million for COPS,
2.2% more than the FY2008 enacted level.
Juvenile Justice Programs. The Administration FY2009 budget includes
$185 million for Juvenile Justice programs in FY2009, or 51.8% less than what was
appropriated in FY2008. The Administration’s grant consolidation proposal would
collapse the seven existing juvenile justice programs into a single “competitive”
Child Safety and Juvenile Justice grant program that would be awarded to state and
local governments on a competitive basis. According to the Administration, the
proposed grant program would allow state and local governments to develop juvenile
justice or child safety programs that address local needs including reducing incidents
of child exploitation and abuse, improving juvenile justice outcomes, and addressing
school safety needs.
Both the House and Senate Appropriations Committees rejected the
Administration’s consolidation proposal and have approved funding along the lines
of the FY2008 juvenile justice program account and subaccount structure. The
House draft bill would provide $431 million for Juvenile Justice Programs, 12.4%
more than the FY2008 enacted level and 133% more than the FY2009 request. The
Senate-passed bill includes $400 million, 4.3% more than the FY2008 enacted level
and 116.2% more than the FY2009 request.
50 The House Committee-approve draft bill included funding for the Weed and Seed program
under the Community Oriented Policing Services account instead of appropriating funding
for the program under its own account.
CRS-42
Public Safety Officers Benefits Program. The Public Safety Officers’
Benefits (PSOB) program provides three different types of benefits to public safety
officers or their survivors: a death, a disability, and an education benefit. The PSOB
program is intended to assist in the recruitment and retention of law enforcement
officers, firefighters, and first responders and to offer peace of mind to men and
women who choose careers in public safety. For FY2008, Congress appropriated
$74.8 million for the PSOB program.51 For FY2009, the Administration has
requested $69.1 million for the PSOB program, which is 7.6% less than what was
appropriated for FY2008. Both the House draft bill and Senate-reported bill include
the same amount as requested by the Administration.
Salaries and Expenses. The House committee-approved draft bill includes
an account that would provide $195 million for salaries and expenses of OJP, OVW,
and COPS. Of the $195 million, up to $14 million would be provided for OVW, up
to $130 million for OJP, and up to $30 million for COPS. In addition, up to $21
million would be provided for the Office of Audit, Assessment, and Management
(OAAM) under OJP.
Science Agencies
The Administration’s FY2009 budget includes $24.474 billion for science
agencies, or about $1.094 billion over the enacted FY2008 amount, or a 4.7%
increase, as shown in Table 8. The FY2009 request includes $396.8 million for the
National Science Foundation (NSF) and the National Nanotechnology Initiative. The
House Appropriations Committee-approved draft bill includes $24.628 billion for
science agencies, a proposed 5.3% increase over the FY2008 enacted level. The
Senate-reported bill includes $24.673 billion for science agencies, a proposed 5.5%
increase over the FY2008 enacted level.
In addition, the Supplemental Appropriations Act, 2008 (P.L. 110-252) provides
NASA with $62.5 million and NSF with $62.5 million in additional FY2008 funding.
This supplemental funding has not been incorporated into the Tables 8, 9, or 10,
however.
51 U.S. Department of Justice, FY2009 Budget and Performance Summary, Part III:
Department of Justice Request Information by Appropriation, Office of Justice Programs
(OJP) and Community Oriented Policing Services (COPS), available online at
[http://www.usdoj.gov/jmd/2009summary/].
CRS-43
Table 8. Funding for Science Agencies
(budget authority in millions of dollars)
FY2008
FY2009
House
Senate-
FY2009
Accounts
Enacted
Request
Draft Bill
Reported
Final
Office of Science and Technology
Policy (OSTP)
5.2
5.3
5.3
5.2
National Aeronautics and Space
Administration (NASA)
17,309.4
17,614.2
17,769.0
17,814.0
National Science Foundation
(NSF)
6,065.0
6,854.1
6,854.1
6,854.1
Total: Science Agencies
23,379.6
24,473.6
24,628.4
24,673.3
Sources: House Appropriations Committee Print on the Consolidated Appropriations Act, 2008
(H.R. 2764/P.L. 110-161); Budget of the United States Government, Fiscal Year 2009 — Appendix;
House Appropriations Committee-approved draft bill and report; and S. 3182 (S.Rept. 110-397).
Note: Amounts may not total due to rounding.
Office of Science and Technology Policy (OSTP)52
The Office of Science and Technology Policy (OSTP) is one of two offices in
the Executive Office of the President (EOP) that are funded in the CJS appropriations
bill.53 Established in 1976 by The National Science and Technology Policy and
Organization Act,54 the OSTP provides advice within the EOP on scientific and
technical aspects of policy issues, assists in the development of the federal R&D
budget, coordinates and evaluates federal R&D programs, and consults with non-
federal entities on science and technology matters.
For FY2009, the President’s budget requests $5.3 million for OSTP, $119,000
more than the FY2008 enacted funding level. The FY2008 explanatory statement
directed that funding appropriated to the National Science Foundation (NSF) for
costs related to the Science and Technology Policy Institute (STPI), OSTP’s federally
funded research and development center, be transferred to the OSTP. These funds
are not reflected in the OSTP budget request. Instead, funding for STPI continues to
be requested through the NSF. Policy issues related to OSTP include its oversight
and coordination of interagency R&D activities, such as the National
Nanotechnology Initiative and the American Competitiveness Initiative, its role in
maintaining the nation’s international scientific stature, and its leadership in federal
support of science and mathematics education.
The House committee recommended the requested amount. The Senate
committee recommended $5.2 million for OSTP, $119 thousand less than the
President’s request. The Senate committee report directs OSTP to convene a series
52 This section was prepared by Dana Shea, Specialist in Science and Technology Policy,
Resources, Science, and Industry Division.
53 The other is the Office of the United States Trade Representative.
54 P.L. 94-282, codified at 42 U.S.C. 6611-18.
CRS-44
of federal meetings over the next six months to coordinate the research and
development of ground-based radar. The Senate committee report also requires
OSTP to provide a report to the committee containing the results of these meetings
and a plan for future year budget requests.
National Aeronautics and Space Administration (NASA)55
NASA was created by the 1958 National Aeronautics and Space Act (P.L. 85-
568) to conduct civilian space and aeronautics activities. The agency is managed
from headquarters in Washington, DC. It has nine major field centers around the
country, plus the Jet Propulsion Laboratory, which is operated under contract by the
California Institute of Technology.
Table 9. Funding for NASA
(budget authority in millions of dollars)
House
FY2008
FY2009
Senate-
FY2009
Accounts
Draft
Enacteda
Request
Reported
Final
Bill
Science
4,706.2
4,441.5
4,518.0
4,522.9
Aeronautics
511.7
446.5
515.0
500.0
Exploration
3,143.1
3,500.5
3,505.7
3,530.5
Space Operations
5,526.2
5,774.7
5,764.7
5,774.7
Education
146.8
115.6
187.2
130.0
Cross-Agency Support
3,242.9
3,299.9
3,244.8
3,320.4
Inspector General
32.6
35.5
33.6
35.5
Total: NASA
17,309.4
17,614.2
17,769.0
17,814.0
Sources: NASA Fiscal Year 2009 Budget Estimates, available at
[http://www.nasa.gov/news/budget/]; House Appropriations Committee-approved draft bill and
report; and S. 3182 (S.Rept. 110-397).
Note: Amounts may not total due to rounding.
a. FY2008 amounts have been adjusted for the accounting change (see text) to make them
comparable with FY2009.
NASA has requested $17.614 billion for FY2009, a 1.8% increase over its
FY2008 appropriation. The House Committee recommended $17.769 billion. The
Senate Committee recommended $17.814 billion. See Table 9 for a breakdown by
appropriations account. As directed by Congress, there are now seven appropriations
accounts rather than the previous three. In addition, a change in how NASA accounts
55 This section was prepared by Daniel Morgan, Analyst in Science and Technology Policy,
Resources, Science, and Industry Division.
CRS-45
for overhead expenses complicates comparisons between FY2009 and previous years.
In the new system, overhead costs formerly included in program budgets are instead
budgeted in the Cross-Agency Support account. This change reduces the stated cost
of most programs without affecting actual program content. As a result, amounts
expressed in the new system are not directly comparable with amounts expressed in
the previous system. In Table 9 and in the discussion of specific NASA programs
that follows, all FY2008 amounts have been adjusted for the accounting change to
make them comparable with FY2009.
Budget priorities throughout NASA are being driven by the Vision for Space
Exploration, announced by President Bush in January 2004 and endorsed by
Congress in the NASA Authorization Act of 2005 (P.L. 109-155). The Vision
includes returning the space shuttle to flight status (already accomplished) then
retiring it by 2010; completing the International Space Station (ISS), but
discontinuing U.S. use of it by 2017; returning humans to the moon by 2020; and
then sending humans to Mars and “worlds beyond.” The President did not propose
significantly increased funding for NASA to accomplish the Vision. Instead, most
of the funding was to come from redirecting funds from other NASA activities.
Moreover, subsequent NASA funding overall has been less than was projected at the
time of the Vision announcement. The funding requirements of the Vision thus
constrain other NASA programs.
The requested $4.442 billion for Science is a 6% decrease. Within this total,
increases for Earth Science and Planetary Science would be offset by decreases for
Heliophysics and Astrophysics. The request for Earth Science would fund two new
missions recommended by the National Research Council, while the request for
Planetary Science would initiate a new program in lunar robotic science. The
decrease for Heliophysics reflects a transfer of the Deep Space and Near Earth
Networks to the Space Operations account and corresponds to almost all the entire
decrease in the Science account overall. In Astrophysics, two programs have been
of particular congressional interest: the NASA/Department of Energy Joint Dark
Energy Mission (JDEM) and the Space Interferometer mission (SIM). The request
includes funds for JDEM, as directed by Congress in the FY2008 explanatory
statement,56 but not for SIM. NASA explains that a new exoplanet exploration
initiative could include a smaller, medium-class version of SIM, as recommended by
the FY2008 Senate report (S.Rept. 110-124). The House committee recommended
$4.518 billion, including additions to the request to cover cost growth in the Glory,
Mars Science Laboratory, and James Webb Space Telescope missions, as well as $50
million additional for Earth Science decadal survey missions and $20 million to
initiate development of a thermal infrared sensor (TIRS) for the Landsat Data
Continuity Mission. The Senate committee recommended $4.523 billion, including
similar additions to cover cost growth and fund decadal survey missions, but only
“available funds” for TIRS.
The request for Aeronautics is $447 million, a 13% decrease. According to
NASA, its aeronautics research portfolio is “closely aligned” with the national
aeronautics R&D plan issued by the White House in December 2007 and addresses
56 Congressional Record, December 17, 2007, pp. H15820 and H15923.
CRS-46
47 of the 51 foundational technology challenges identified by the National Research
Council in June 2006.57 The House committee recommended $515 million, with the
additional funds to be devoted to R&D on “green” aircraft and support of the Next
Generation Air Transportation System. The Senate committee recommended $500
million.
The requested $3.501 billion for Exploration is an 11% increase. Within this
amount, Constellation Systems would receive $3.048 billion, a 23% increase, while
Advanced Capabilities would receive $452 million, a 33% decrease. Constellation
Systems is responsible for development of the Orion crew vehicle and Ares I launch
vehicle, successors to the space shuttle. The proposed 23% increase is consistent
with NASA’s previous projections as the program moves toward a planned initial
operating capability for Orion and Ares I (i.e., a first crewed flight) in March 2015.
NASA describes the current level of budget reserves within Constellation Systems
as “minimal” and is seeking to compensate for it through “rigorous risk
management.”58 The FY2009 request for Constellation Systems also restores full
funding for Commercial Orbital Transportation Services (COTS), which seeks to
help private-sector companies develop space transportation systems that could
service the ISS after the shuttle is retired. The House committee recommended
$3.506 billion, including an increase of $25 million for research on the space station
and a decrease of $20 million for COTS. The Senate committee recommended
$3.530 billion, including an increase of $30 million to accelerate development of the
Ares V heavy lift rocket.
The request for Space Operations, which funds the space shuttle, the ISS, and
the Space and Flight Support program, is $5.775 billion. A requested decrease of
$285 million for the space shuttle is largely offset by a requested increase of $247
million for the ISS. Both changes are consistent with NASA’s previous projections:
they reflect the trend toward the shuttle program’s completion in 2010 and the
planned construction schedule of the ISS. A requested increase for Space and Flight
Support results mostly from transferring the Deep Space and Near Earth Networks
from the Science account. The gap between the end of shuttle flights in 2010 and the
expected availability of Orion and Ares I in 2015 raises several issues. Some analysts
are concerned that placing a fixed termination date on the shuttle may create schedule
pressure similar to that identified as a contributing factor in the Columbia disaster.
Some question whether the United States should be dependent on Russia to launch
U.S. astronauts to the ISS during the gap period. A major concern is how NASA will
retain its skilled workforce during the transition from shuttle to Orion, especially if
Orion’s schedule slips and the gap lengthens. The House committee recommended
57 Executive Office of the President, National Science and Technology Council, National
Plan for Aeronautics Research and Development and Related Infrastructure, December
2007, [http://www.aeronautics.nasa.gov/releases/aero_rd_plan_final_21_dec_2007.pdf]; and
National Research Council, Decadal Survey of Civil Aeronautics: Foundation for the
Future, 2006, [http://www.nap.edu/catalog/11664.html].
58 Budget reserves are funds that have been allocated to a program but have not yet been
assigned to a particular component of the program. Instead they are held in reserve, in the
expectation that as development proceeds, some components will require additional
resources to overcome unforeseen technical challenges.
CRS-47
$5.765 billion, including $10 million less than the request for Space and Flight
Support, and directed NASA to consider two final shuttle logistics flights to the ISS,
currently manifested as “contingency” flights, as baseline flights. A House
administrative provision would direct NASA to provide a report on costs for shuttle
retirement and transition activities for FY2006 through FY2015. The Senate
committee recommended the requested amount, $5.775 billion. In addition, the
Supplemental Appropriations Act, 2008 (P.L. 110-252) includes $62.5 million for
NASA.
National Science Foundation (NSF)59
The NSF was created by the National Science Foundation Act of 1950, as
amended (P.L. 81-507). The NSF has the broad mission of supporting science and
engineering in general and funding basic research across many disciplines. The
majority of the research supported by the NSF is conducted at U.S. colleges and
universities. In addition to helping to ensure the nation’s supply of scientific and
engineering personnel, the NSF promotes academic basic research and science and
engineering education across many disciplines. Other federal agencies, in contrast,
support mission-specific research. The NSF provides support for investigator-
initiated, merit-reviewed, competitively selected awards, state-of-the-art tools, and
instrumentation and facilities. Also, NSF provides almost 30% of the total federal
support for science and mathematics education. Support is provided to academic
institutions, industrial laboratories, private research firms, and major research
facilities and centers. Although the NSF does not operate any laboratories, it does
support Antarctic research stations, selected oceanographic vessels, and national
research centers. In addition, the NSF supports university-industry relationships and
U.S. participation in international scientific ventures.
The FY2009 request for the National Science Foundation (NSF) is $6.854
billion, a 13% increase ($789.1 million) over the enacted FY2008 level of $6.065
billion.60 (See Table 10.) President Bush’s American Competitiveness Initiative has
proposed to double the NSF budget over the next 10 years. The FY2009 request will
be another installment toward that doubling effort. NSF has identified several
strategies in the FY2009 budget request: to maintain a portfolio with “powerful
momentum” across all disciplines; to build a world-class science and engineering
workforce; to perform effectively with the highest standards of accountability; and
to support potentially transformative research. Transformative research is described
as “cutting edge” and revolutionary and several reports have recommended that funds
be allocated specifically for this type of research. NSF contends that in the global
environment of science and engineering, support for transformative, high-risk, high-
reward research is critical to U.S. competitiveness. These strategies parallel some of
the goals contained in the President’s request, and are designed to promote research
that will drive innovation and support the design and development of world-class
facilities, instrumentation, and infrastructure.
59 This section was prepared by Christine M. Matthews, Specialist in Science and
Technology Policy, Resources, Science, and Industry Division.
60 The FY2008 estimate does not include a rescission of $33.0 million from prior year
unobligated balances as required by P.L. 110-161.
CRS-48
Table 10. National Science Foundation
(budget authority in millions of dollars)
House
FY2008 FY2009
Senate-
FY2009
Draft
Enacted Request
Reported
Final
Bill
Research & Related Activities
Biological Sciences
$612.0
$675.1
Computer & Inform. Sci. & Eng.
534.5
638.8
Engineering
636.9
759.3
Geosciences
752.7
848.7
Math and Physical Sciences
1,167.3
1,402.7
Social, Behav., & Econ. Sciences
215.1
233.5
Office of Cyberinfrastructure
185.3
220.1
Office of International Sci. & Eng.
41.3
47.4
U.S. Polar Programs
442.5
491.0
Integrative Activities
232.3
276.0
U.S. Arctic Research Commission
1.5
1.5
Subtotal Res. & Rel. Act
4,821.5
5,594.0 5,554.0a
5,594.0a
Ed. & Hum. Resr.
725.6
790.4
840.3
790.4
Major Res. Equip. & Facil. Constr.
220.7
147.5
147.5
152.0
Agency Operations & Award
Management.
281.8
305.1
305.1
300.6
National Science Board
4.0
4.0
4.0
4.0
Office of Inspector General
11.4
13.1
13.1
13.1
Total NSFb
6,065.0
6,854.1
6,854.0
6,854.1
S o u r c e s : N S F F Y 2 0 0 9 B u d g e t R e q u e s t t o C o n g r e s s , a v a i l a b l e a t
[http://www.nsf.gov/about/budget/fy2009/index.jsp#]; House Appropriations Committee-approved
draft bill and report; and S. 3182 (S.Rept. 110-397).
Note: Amounts may not total due to rounding.
a. Specific allocations for each directorate or for individual programs and activities are not yet
available.
b. The totals do not include carry overs or retirement accruals. Totals may not add due to rounding.
Included in the FY2009 request is $5.594 billion for Research and Related
Activities (R&RA), a 16.0% increase ($772.5 million) above the enacted FY2008
level of $4.822 billion. The R&RA funds research projects, research facilities, and
education and training activities. The scientific and academic community have
voiced concerns about the imbalance between support for the life sciences and the
physical sciences. Research is multi disciplinary and transformational in nature, and
very often, discoveries in the physical sciences lead to advances in other disciplines.
The America COMPETES ACT authorizes increased federal research support in the
CRS-49
physical sciences, mathematics, and engineering. The FY2009 request provides a
20.2% increase for the Mathematical and Physical Sciences (MPS) directorate. The
MPS portfolio supports investments in fundamental research, facilities, and
instruments, and provides approximately 44% of the federal funding for basic
research conducted at colleges and universities. The R&RA includes Integrative
Activities (IA) and is a source of funding for the acquisition and development of
research instrumentation at institutions. The FY2009 request provides $276 million
for IA. IA also funds Partnerships for Innovation, disaster research teams, the
Science and Technology Policy Institute, and the Experimental Program to Stimulate
Competitive Research (EPSCoR). The FY2009 budget provides $113.5 million for
three funding mechanisms in the EPSCoR jurisdictions — research infrastructure
improvement grants, co-funding, and outreach. Approximately 67% of the funding
for EPSCoR would be for a combination of new awards and research infrastructure
improvement grants. The balance of funding would be in support of co-funding
(31.7%) and outreach activities (1.3%).
The Office of Polar Programs (OPP) is funded in the R&RA. The FY2009
request for addressing the challenges in polar research is $491 million. NSF
continues in its leadership role in planning U.S. participation in observance of the
International Polar Year. The NSF also serves in a leadership capacity for several
international research partnerships in the Arctic and Antarctic. Increases in OPP in
FY2009 are directed at research programs for arctic and antarctic sciences — glacial
and sea ice, terrestrial and marine ecosystems, the ocean and the atmosphere, and
biology of life in the cold and dark. In FY2006, responsibility for funding the costs
of three icebreakers that support scientific research in the polar regions was
transferred from the U.S. Coast Guard to the NSF. While the NSF does not own the
ships, it is responsible for the operation, maintenance, and staffing of the vessels.
Since 2004, back-up icebreaking support has been needed because of maintenance
problems with the polar icebreakers and with the heavy ice conditions in certain polar
regions. It has been determined that there is still a need for back-up icebreaking
services, and as a result, the FY2009 request includes an additional $9.0 million for
contracting of back-up vessels.
The FY2009 request for the Education and Human Resources Directorate (EHR)
is $790.4 million, $64.8 million (8.9%) above the FY2008 estimate. The EHR
portfolio is focused on, among other things, increasing the technological literacy of
all citizens, preparing the next generation of science, engineering, and mathematics
professionals, and closing the achievement gap in all scientific fields. Support at the
various educational levels in the FY2009 request is as follows: research on learning
in formal and informal settings (includes precollege), $226.5 million; undergraduate,
$219.8 million; and graduate, $190.7 million. Fellowships ($116.7 million), and the
Graduate Teaching Fellows in K-12 Education ($49 million). In addition, the EHR
will support a portfolio of programs directed at expanding the participation of
underrepresented groups and diverse institutions in the scientific and engineering
enterprise. These programs total approximately $82.6 million in the FY2009 request.
The Major Research Equipment and Facilities Construction (MREFC) account
is funded at $147.5 million in the FY2009 request, a decrease of 33.2% from the
FY2008 estimate. The MREFC supports the acquisition and construction of major
research facilities and equipment that extend the boundaries of science, engineering,
CRS-50
and technology. NSF required that in order for a project to receive support, it must
have “the potential to shift the paradigm in scientific understanding and/or
infrastructure technology.” The FY2009 request supports three ongoing projects:
Advanced Laser Interferometer Gravitational Wave Observatory ($51.4 million),
Atacama Large Millimeter Array ($82.3 million), and the IceCube Neutrino
Observatory ($11.3 million). The request also provides $2.5 million to support
design activities for a new start — the Advanced Technology Solar Telescope.
The NSF states that all projects seeking funding in the MREFC move through
a “progressive sequence of increasingly detailed development and assessment steps”
in order to be considered for construction support.61 The FY2009 budget request
imposes tighter standards and requirements for receiving funding in MREFC.
Included in the more stringent procedures is the implementation of a “no cost
overrun” policy for major projects. The cost estimates for projects developed at the
preliminary design phase must include adequate contingencies. In the absence of such
contingencies, any cost increases would result in reduction in scope for the project.
Three projects that appeared in the FY2008 request (Alaskan Regional Research
Vessel, Ocean Observatories Initiative, and the National Ecological Observatory
Network) have to undergo revised baseline budgets and cost contingencies. These
projects are still supported by NSF, and will be considered for inclusion in the budget
cycle following submission of final design reviews and risk management plans.
Improving proposal funding rates and increasing grant size and duration have
been long-term priorities for NSF. A report on NSF’s grant applications found that
the merit-review process has become increasingly strained, for both program
managers and principal investigators.62 Program managers have faced increased
workloads in overseeing the review of grants, and principal investigators have found
their chances of obtaining grants reduced. During the period FY2000 to FY2006, the
number of grant applications increased by 47%. However, the funding rate for
research grant applications decreased from 30% in FY2000, 27% in FY2002, and
21% in both FY2006 and FY2008 (even as the average award size increased). There
is concern in the scientific and education community that the decline in funding rates
for grants may have a deleterious affect on academic research infrastructure. With
the FY2009 budget request, NSF anticipates increasing the funding rate for grants to
23%.
The Senate-passed FY2008 Iraq war supplemental appropriations bill (H.R.
2642) would have provided, among other things, an additional $150 million for
R&RA in the NSF. The current FY2008 appropriation for R&RA is $4.821.5 billion.
Due primarily to rising fuel costs, the academic research fleet is experiencing a
reduction in its research capacity. Report language stated that $10 million of the
supplemental for R&RA was to be directed, specifically, to the academic research
fleet. The Senate bill also would have provided a $50 million supplemental for the
EHR. The current FY2008 appropriation is $725.6 million. The additional funding
61 National Science Foundation, 2008 Facility Plan, NSF08-24, February 2008, Arlington,
VA, p. 40.
62 National Science Foundation, Impact of Proposal and Award Management Mechanisms,
Final Report, NSF07-45, August 1, 2007, Arlington, VA, 58 pp.
CRS-51
was to be used to support the following science and mathematics programs: Robert
Noyce Scholarship program ($20 million); Graduate Research Fellowships ($24
million); Graduate Teaching Fellowships ($5 million); and Federal Scholarship for
Service ($1 million). The Supplemental Appropriations Act, 2008 (P.L. 110-252;
H.R. 2642) includes $22.5 million for NSF R&RA and $40 million for EHR.
The House Committee approved draft bill would provide $6.854 billion for the
NSF in FY2009, $789.1 million above the FY2008 enacted and the same as the
President’s request. The R&RA would receive $5.554 billion, a $722.7 million
increase above the FY2008 level and $49.9 million below the request. Additional
funding in the House bill includes $840.3 million for the EHR and $147.5 million for
MREFC. The Senate-reported bill would provide $6.854 billion for the NSF, the
same as the House bill and the request. R&RA would be funded at $5.594 billion,
$40 million above the House bill and the same as the President’s request. The
Senate-reported bill would fund the EHR and the MREFC at $790.4 million and
$152 million, respectively.
Related Agencies
For related agencies, the FY2009 request includes $784 million, or nearly $24.8
million less than the enacted FY2008 level (a 3.1% decrease). As shown in Table
11, the Legal Services Commission would absorb the bulk of this decrease, as the
FY2009 only includes $311 million for the commission, a reduction of $39.5 million
(an 11.3% decrease), as compared to the commission’s enacted FY2008 level of
funding.
Table 11. Funding for CJS Related Agencies
(budget authority in millions of dollars)
FY2008
FY2009
House
Senate-
FY2008
Commission, Office, or Corporation
Enacted
Request Draft Bill Reported
Final
U.S. Commission on Civil Rights
8.5
8.8
8.8
8.8
Equal Employment Opportunity
Commission
329.3
341.9
350.4
341.9
International Trade Commission
68.4
73.6
75.1
75.0
Legal Services Corporation
350.5
311.0
390.0
390.0
Marine Mammal Commission
2.8
2.4
3.2
2.4
National Veterans Business
Development Corporation
1.4
—
3.2
—
Office of the U.S. Trade Representative
44.1
46.3
48.3
46.3
State Justice Institute
3.8
— a
4.1
5.0
Total: Related Agencies
808.8
784.0
883.1
869.4
Sources: House Appropriations Committee Print on the Consolidated Appropriations Act, 2008
(H.R. 2764/P.L. 110-161); Budget of the United States Government, Fiscal Year 2009 — Appendix;
House Appropriations Committee-approved draft bill and report; and S. 3182 and S.Rept. 110-397.
Note: Amounts may not total due to rounding.
a. Under the terms of its enabling legislation, the State Justice Institute is authorized to present its
budget request directly to Congress. Although the Bush Administration has not requested any
FY2009 funding for SJI, the institute has requested $5.4 million.
CRS-52
The House Appropriations Committee-approved bill includes $883.1 million for
related agencies, an increase of 9.2% over the FY2008 enacted level. The Senate-
reported bill includes $869.4 million for related agencies, an increase of 7.5% over
the enacted FY2008 level. Both the House and Senate bills include $390 million for
the Legal Services Corporation, an increase of 11.3% over the FY2008 enacted level.
Commission on Civil Rights63
The U.S. Commission on Civil Rights (Commission), established by the Civil
Rights Act of 1957, investigates allegations of citizens, who may have been denied
the right to vote based on color, race, religion, or national origin; studies and gathers
information on legal developments constituting a denial of the equal protection of the
laws; assesses federal laws and policies in the area of civil rights; and submits reports
on its findings to the President and Congress when the Commission or the President
deems it appropriate.
The political independence of the Commission continues to be an issue. In
report language, the House Appropriations Committee expressed concern that 36 of
the 51 State Advisory Committees are inoperative because their authorizing charters
have expired.64 The House committee directed the Commission to give priority to
reconstituting the State Advisory Committees and to make appointments that reflect
a balance of viewpoints and a diversity in membership, especially in terms of gender,
disability, party affiliation, and civil rights experience with affected communities.
Further, the Committee stated that no one should be denied an opportunity to serve
on a State Advisory Committee because of race, age, sex, sexual orientation, religion,
national origin, disability, or political persuasion. The adequacy of funding for the
agency is also a subject of debate, as appropriations for the Commission have been
less than $10 million for more than 10 fiscal years.
For FY2009, the Bush Administration requests $8.8 million for the U.S.
Commission on Civil Rights, the same amount requested for FY2008 and $300
thousand above the FY2008 enacted level of $8.5 million for the Commission. For
FY2009, both the House Appropriations Committee-approved draft bill and the
Senate Appropriations Committee-reported bill would provide $8.8 million for the
Commission, a 4% increase over FY2008 appropriations for the agency.
63 This section was written by Garrine P. Laney, Analyst in Social Legislation, Domestic
Social Policy Division.
64 H.Rept. 110-240, p. 130.
CRS-53
Equal Employment Opportunity Commission (EEOC)65
The EEOC enforces laws banning employment discrimination based on race,
color, national origin, sex, age, or disability. In recent years, appropriators have been
particularly concerned about the agency’s implementation of a restructuring plan
beginning in 2005 that included the National Contact Center (NCC), field structure
and staff realignment, and restructuring of headquarters’ operations. The EEOC
Commissioners responded to the concerns by voting on December 20, 2007, to
transfer receipt of customer calls from the NCC’s contractor to in-house “information
intake representatives” in the 53 field offices. At the same time, they voted favorably
on a one-year contract for an “interactive voice response system,” the digital
telephone technology system that currently handles customer calls.
The President’s FY2009 budget request for the EEOC is $341.9 million, which
is an increase of $12.6 million from the FY2008 enacted level of $329.3 million.
Some $7.6 million of the increase would go toward hiring 175 full-time equivalent
positions (FTEs), of which 66 would be allocated to the in-house customer service
team.66 The other 109 FTEs, including investigators and attorneys, would work at
field offices and headquarters to help reduce the pending inventory of charges. The
budget also includes $26 million for payments to state and local entities with which
the agency has work-sharing agreements to address workplace discrimination within
their jurisdictions (i.e., Fair Employment Practices Agencies, FEPAs, and Tribal
Employment Rights Organizations, TEROs). This reflects a decrease of $3.1 million
from the FY2008 appropriation of $29.1 million.
The House committee-approved draft bill would provide $350.4 million to the
EEOC in FY2009, $21.1 million more than in FY2008. This amount includes $28
million for FEPAs and TEROs. The House bill also provides $3.6 million for call
processing personnel and information technology to support ongoing efforts to
transition from a contractor-operated to an in-house call center. The Committee
expressed concern about the accuracy of workload projections; it requested that the
Commission compare the projections with those published in the midyear annual
review. The Committee also directed the EEOC to report within 60 days after
enactment on the backlog of charges and the agency’s restructuring efforts.
The Senate-reported bill would fund the EEOC at $341.9 million, an increase
of $12.6 million from FY2008. On the basis of findings of the General
Accountability Office (GAO), the Committee expressed concern that the EEOC’s
mandate to promote equal opportunity in the workplace may be compromised if steps
are not taken to address the growing workload.67 The Committee directed the EEOC
65 This section was prepared by Abigail Rudman, Information Research Specialist,
Knowledge Services Group, and Linda Levine, Specialist in Labor Economics, Domestic
Social Policy Division.
66 Relatedly, the budget request contains another $580,000 to fund an in-house telephone
technology system, which the EEOC plans to have fully operational by February 1, 2009.
67 U.S. General Accountability Office, Sharing Promising Practices and Fully Implementing
(continued...)
CRS-54
to implement the GAO recommendations within 60 days after enactment (e.g.,
identify best practices for prioritizing and investigating charges).68
U.S. International Trade Commission (ITC)69
The 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,
along with the Import Administration Unit of ITA, is charged with administering
various U.S. trade remedy laws. Its six commissioners are appointed by the President
for nine-year terms. As a matter of policy, its budget request is submitted to
Congress by the President without revision. For FY2009, ITC is requesting $73.6
million, a $5.2 million increase (7.6%) over the FY2008 funding level of $68.4
million, for existing mandated investigative activity and related operations; a
mandatory pay increase; and information technology projects. The House
committee-approved draft bill would provide $75.1 million, 9.8% over the FY2008
enacted level and 2.0% over the FY2009 request. The Senate-reported bill would
provide $75 million, 9.6% over the FY2008 enacted level and 1.9% over the FY2009
request.
Legal Services Corporation (LSC)70
The 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 incorporation
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 bills, Congress traditionally
has included legislative provisions restricting the activities of LSC-funded grantees,
such as prohibiting any lobbying activities or prohibiting representation in certain
types of cases. Current LSC funding remains below the LSC’s highest funding level
of $400 million in FY1994 and FY1995.71
The Consolidated Appropriations Act, 2008 (P.L. 110-161) includes $350.5
million for the LSC for FY2008. This amount is $1.9 million above the FY2007
67 (...continued)
Strategic Human Capital Planning Can Improve Management of Growing Workload,
GAO-08-589, June 23, 2008.
68 U.S. Congress, Senate Committee on Appropriations, Commerce, Justice, Science, and
Related Agencies Appropriations Bill, 2009, report to accompany S. 3182, 110th Cong., 2nd
sess., S.Rept. 110-397 (Washington: GPO, 2007), pp. 108-109.
69 This section was written by M. Angeles Villarreal, Analyst in International Trade and
Finance, Foreign Affairs, Defense, and Trade Division.
70 This section was prepared by Carmen Solomon-Fears, Specialist in Social Policy,
Domestic Social Policy Division.
71 For additional information on the LSC, see CRS Report RL34016, Legal Services
Corporation: Background and Funding, by Carmen Solomon-Fears.
CRS-55
appropriation ($348.6 million) for the LSC and $39.6 million above the
Administration’s FY2008 budget request for the LSC. The FY2008 appropriation
for the LSC includes $332.4 million for basic field programs and required
independent audits; $12.5 million for management and administration; $2.1 million
for client self-help and information technology; $3.0 million for the Office of the
Inspector General; and $500 thousand for loan repayment assistance (for legal aid
lawyers).
For FY2009, the Bush Administration requested $311 million for the LSC. The
Administration’s budget request included $290.1 million for basic field programs and
required independent audits; $12.8 million for management and administration; $5.0
million for client self-help and information technology; and $3.0 million for the
Office of the Inspector General.
For FY2009, the House Appropriations Committee approved $390 million for
the LSC. The House committee-approved draft bill would provide 11% more than
the FY2008 LSC appropriation and 25% more than the FY2009 request for the LSC.
The House bill would include $367 million for basic field programs and required
independent audits; $16 million for management and administration; $3 million for
client self-help and information technology; $3 million for the Office of the Inspector
General; and $1 million for loan repayment assistance.
For FY2009, the Senate Appropriations Committee also approved $390 million
for the LSC. The Senate committee-reported bill would provide 11% more than the
FY2008 LSC appropriation and 25% more than the FY2009 request for the LSC.
The Senate bill would provide the same amount as the House draft bill. However,
the Senate bill would include $369 million for basic field programs and required
independent audits; $13 million for management and administration; $3.8 million for
client self-help and information technology; $3.2 million for the Office of the
Inspector General; and $1 million for loan repayment assistance.
Marine Mammal Commission (MMC)72
The Marine Mammal Commission (MMC) and its Committee of Scientific
Advisors on Marine Mammals provide oversight and recommend actions on
domestic and international topics to advance policies and provisions of the Marine
Mammal Protection Act.
The Administration proposed $2.4 million for FY2009 for necessary expenses
of the Marine Mammal Commission, a decrease of $420 thousand (-14.9%) from the
FY2008 appropriation of $2.82 million for this independent agency. The House
Committee on Appropriations recommended $3.2 million, $380,000 (13.5%) more
than the FY2008 enacted level and $800,000 (33.3%) more than the FY2009 request.
The Senate Committee on Appropriations concurred with the Administration’s
request, recommending $2.4 million (S.Rept. 110-397).
72 This section was prepared by Eugene H. Buck, Specialist in Natural Resources Policy;
Resources, Science, and Industry Division.
CRS-56
National Veterans Business Development
Corporation (VBC)73
The VBC was established under the Veterans Entrepreneurship and Small
Business Development Act of 1999 (P.L. 106-50). The corporation’s mission is to
foster entrepreneurship and business opportunities for veterans, including service-
disabled veterans. The VBC provides veterans with access to capital and business
services, entrepreneurial education, surety bonding, insurance and prescription
coverage, as well as a veterans business directory. Congress provided the corporation
with $1.5 million in funding for each year, FY2006 and FY2007. The enacted
FY2008 VBC appropriation is $1.4 million. The Administration’s FY2009 budget
request includes no funding for VBC; neither does the Senate-reported bill. The
House draft bill, however, includes $3.2 million, an increase of 127% over the
FY2008 enacted level.
Office of the U.S. Trade Representative (USTR)74
USTR, located in the Executive Office of the President (EOP), is responsible
for developing and coordinating U.S. international trade and direct investment
policies. The USTR is the President’s chief negotiator for international trade
agreements. In 2006 and 2007, the Bush Administration concluded FTAs with Peru,
Colombia, Oman, Panama, and South Korea. In 2006 and 2007, USTR obtained
congressional approval of FTAs with Peru, Bahrain, the Dominican Republic, and
Central American countries. In its FY2009 Congressional Budget Submission, the
USTR states that its priorities for FY2009 are to conclude several bilateral
agreements, complete the global WTO agreement, pursue China’s compliance with
its WTO obligations, litigate enforcement actions in the WTO, negotiate WTO
accession agreements for key countries, and launch new negotiations as necessary to
further the trade agenda75. The President’s FY2009 request for USTR is $46.3
million, an increase of $2.2 million (4.9%) over the FY2008 funding level of $44.1
million. The House committee-approved draft bill would provide $48.3 million,
9.4% over the FY2008 enacted level and 4.3% over the FY2009 request. The Senate-
reported bill would provide $46.3 million, 4.9% over the FY2008 enacted level and
the same amount as the FY2009 request.
73 This section was written by William J. Krouse, Specialist in Domestic Security.
74 This section was written by M. Angeles Villarreal, Analyst in International Trade and
Finance, Foreign Affairs, Defense, and Trade Division.
75 Office of United States Trade Representative, Congressional Budget Submission, Fiscal
Year 2009.
CRS-57
State Justice Institute (SJI)76
The State Justice Institute (SJI) is a nonprofit corporation that makes grants to
state courts and funds research, technical assistance, and informational projects
aimed at improving the quality of judicial administration in state courts across the
United States. It is governed by an 11-member board of directors appointed by the
President and confirmed by the Senate.77 Under the terms of its enabling legislation,
SJI is authorized to present its budget request directly to Congress, apart from the
President’s budget.
For FY2009, SJI requested an appropriation of $5.39 million, a 43.4% increase
over $3.76 million appropriated for FY2008.78 The funding requested for FY2009,
SJI said in its budget request, would enable it “to continue identifying issues that
impact all courts, fostering innovative solutions, and sharing information on
successful approaches nationwide.”79 The Bush Administration, however, as in its
budgets for the previous six years, did not request any appropriated funds for the
institute for FY2009.80 The House committee-approved draft bill would provide $4.1
million, 9% above the FY2008 enacted level but 23.9% below SJI’s FY2009 request.
The Senate reported bill would provide $5 million, 33% above the FY2008 enacted
level but 7.2% less than SJI’s FY2009 request.
For the past several fiscal years, SJI has been encouraged by congressional
appropriators to obtain funds, at least in part, from sources other than Congress. In
the FY2008 appropriations process, for instance, the House Appropriations
Committee endorsed an approach of providing some directly appropriated funds to
SJI, but with the institute also seeking additional funding from Department of Justice
76 This section was written by Denis Steven Rutkus, Specialist in American National
Government, Government and Finance Division.
77 By law, the President must appoint six state court judges, one state court administrator,
and four members of the public, no more than two of whom may be of the same political
party.
78 See State Justice Institute Fiscal Year 2009 Budget Request, January 2008, at
[http://www.statejustice.org/PDF/FY2009_Budget_Request.pdf], 22 p. (Hereafter cited
as SJI 2009 Budget Request.) The amount requested for FY2009, SJI has noted, is
$1,629,000 above the level provided in the FY2008 Consolidated Appropriations Act (P.L.
110-161), but $1,611,000 below the $7 million level as authorized by the State Justice
Reauthorization Act of 2004 (P.L. 108-372). Ibid., p. 3.
79 Ibid., p. 17.
80 In the Appendix of the Budget of the United States Government for each fiscal year from
FY2003 through FY2009, a funding table for the State Justice Institute, and brief
accompanying text, indicated that the proposed budget for each year entailed no
appropriated funds for SJI but did not provide an explanation for why no funding was
requested.
CRS-58
(DOJ) grant programs.81 The committee at the same time commended SJI for its
“recent successes in obtaining dollar-for-dollar matching funds for grants awarded.”82
81 Specifically, the committee commended SJI for “continuing to work with the [Justice
Department’s] Office of Justice Programs (OJP) on issues involving State courts,” and it
encouraged SJI “to continue to seek funds from OJP grant programs.” U.S. Congress, House
Committee on Appropriations, Commerce, Justice, Science, and Related Agencies
Appropriations Bill, 2008, report to accompany H.R. 3093, 110th Cong., 1st sess., H.Rept.
110-240 (Washington: GPO, 2007), p. 137.
82 Ibid. In response to a directive from House-Senate conferees for the FY2006
appropriations act, SJI, in its FY2007 budget request, noted that it had adopted a 50% “cash
match requirement” from its grantees. In its FY2009 budget request, SJI said that prior to
the implementation of its cash match requirement, state courts were unable to compete for
SJI grants. Despite having the money available for the requirement, SJI said, the courts “had
neither the time nor the personnel available who could apply for and execute grant projects.”
However, with the cash match requirement in place, SJI said, it now receives numerous
grant applications from state courts, which are assisted by “court-support organizations”
which have the “expertise to apply for and execute court grants.” SJI 2009 Budget Request,
p. 16.
CRS-59
Table 12. CJS Appropriations by Account,
FY2008 Enacted and FY2009 Proposed
(budget authority in millions of dollars)
FY2008
FY2009
House
Senate-
FY2009
Bureau or Agency
Enacteda
Requestb
Draft Bill Reported
Final
Department of Commerce (DOC)
International Trade Administration
405.2
420.4b
425.4
420.4
Bureau of Industry and Security
72.9
83.7b
83.7
83.7
Economic Development Administration
279.9
132.8b
282.8
232.8
Minority Business Development Agency
28.6
29.0b
31.5
29.0
Economic and Statistical Analysis
81.1
90.6b
89.1
90.6
Bureau of the Census
1,230.2
2,604.6b
2,604.6
3,151.0
National Telecommunications and
Information Administration
36.3
19.2b
40.9
59.2
Patent and Trademark Officec
(1,915.5) (2,075.0)
(2,087.0)
(2,075.0)
Technology Administration
—
—
—
—
National Institute of Standards and
Technology
755.8 638.0b
816.9
813.5
National Oceanic and Atmospheric
Administration
3,896.5 4,103.9b
4,252.6
4,445.9
Departmental Management
70.0
94.2b
79.3
76.2
DOC Subtotal
6,856.5
8,216.5b
8,706.9
9,402.4
Department of Justice (DOJ)
General Administration
1,794.8
1,952.1
2,014.2
1,928.4
U.S. Parole Commission
11.5
12.6
12.6
12.6
Legal Activities
3,584.0
3,829.7
3,841.9
3,864.7
National Security Division
73.4
83.8
83.8
83.8
Interagency Law Enforcement
497.9
531.6
521.9
511.7
Federal Bureau of Investigation
6,657.7
7,108.1
7,108.1
7,270.1
Drug Enforcement Administration
1,857.6
1,936.6
1,939.1
1,954.4
Bureau of Alcohol, Tobacco,
Firearms & Explosives
1,007.6
1,027.8
1,054.2
1,042.8
Federal Prison System
5,425.5
5,533.9
5,733.9
5,973.9
Office of Violence Against Women
400.0
280.0
435.0
415.0
Office of Justice Programs
2,282.0
792.7
2,694.1
2,721.1
DOJ Subtotal
23,591.9
23,088.9
25,438.8
25,778.6
Science Agencies
Office of Science and Technology
5.2
5.3
5.3
5.2
NASA 17,309.4
17,614.2
17,769.0
17,814.0
National Science Foundation
6,065.0
6,854.1
6,854.1
6,854.1
Science Agencies Subtotal:
23,379.6
24,473.6
24,628.4
24,673.3
Related Agencies
Commission on Civil Rights
8.5
8.8
8.8
8.8
Equal Employment Opportunity
Commission (EEOC)
329.3
341.9
350.4
341.9
International Trade Commission
68.4
73.6
75.1
75.0
CRS-60
FY2008
FY2009
House
Senate-
FY2009
Bureau or Agency
Enacteda
Requestb
Draft Bill Reported
Final
Legal Services Corporation
350.5
311.0
390.0
390.0
Marine Mammal Commission
2.8
2.4
3.2
2.4
National Veterans Business
Development Corporation
1.4
—
3.2
—
U.S. Trade Representative
44.1
46.3
48.3
46.3
State Justice Institute
3.8
— d 4.1
5.0
Related Agencies Subtotal
808.8
784.0
883.1
869.4
Total Appropriations
54,636.8
56,563.0
59,657.1
60,723.6
Sources: House Appropriations Committee Print on the Consolidated Appropriations Act, 2008 (H.R. 2764/P.L. 110-
161); Budget of the United States Government, Fiscal Year 2009 — Appendix; House Appropriations Committee-
approved draft bill and report; and S. 3182 (S.Rept. 110-397).
Note: Amounts may not total due to rounding.
a. The amounts in the FY2008 enacted column will change as Congress has passed a Supplemental Appropriations
Act, 2008 (P.L. 110-252; H.R. 2642) that provides additional FY2008 funding for some of the departments and
agencies funded under the jurisdiction of the House and Senate CJS Appropriations subcommittees. In addition,
the Administration has submitted FY2008 budget reprogrammings for Department of Justice to the House and
Senate Appropriations Committees that addresses funding shortfalls for the Bureau of Prisons and other DOJ
entities.
b. The amounts in the FY2009 request column reflect the original Administration submission. For a comparison with
the June 9, 2008 Department of Commerce revised request to account for the 2010 decennial census, see Table
4 above.
c. 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 and do not count toward the
appropriation totals. Only newly appropriated funds count toward the annual appropriation totals.
d. Under the terms of its enabling legislation, the State Justice Institute is authorized to present its budget request
directly to Congress. Although the Bush Administration has not requested any FY2009 funding for SJI, the
institute has requested $5.4 million.