Commerce, Justice, Science, and Related
Agencies: FY2011 Appropriations
Nathan James, Coordinator
Analyst in Crime Policy
Oscar R. Gonzales, Coordinator
Analyst in Economic Development Policy
Jennifer D. Williams, Coordinator
Section Research Manager
April 6, 2010
Congressional Research Service
7-5700
www.crs.gov
R41161
CRS Report for Congress
P
repared for Members and Committees of Congress
Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations
Summary
This report provides an overview of actions taken by Congress to provide FY2011 appropriations
for Commerce, Justice, Science, and Related Agencies (CJS). It also provides an overview of
FY2010 appropriations for agencies and bureaus funded under the CJS bill. The source for the
FY2010-enacted amount is the report to accompany the Consolidated Appropriations Act, 2010
(P.L. 111-117, H.Rept. 111-366). The source for the FY2011 request for both the Department of
Commerce and the related agencies is the appendix to the FY2011 Budget of the U.S.
Government. The request for the Department of Justice is taken from the department’s FY2011
congressional budget submission. The sources for the FY2011 requests for the Science Agencies
(the Office of Science and Technology Policy, the National Aeronautics and Space
Administration, and the National Science Foundation) are the agencies’ respective congressional
budget justifications.
The Consolidated Appropriations Act, 2010 (P.L. 111-117), included a total of $68.705 billion in
new budget authority for CJS, of which $14.035 billion was for the Department of Commerce,
$28.078 billion was for the Department of Justice, $25.658 billion was for the Science Agencies,
and $934.8 million was for the related agencies. For FY2011, the Administration requests a total
of $66.009 billion for CJS—an approximately $2.696 billion, or 3.9%, decrease in budget
authority compared with FY2010 appropriations. The FY2011 request includes $8.882 billion for
the Department of Commerce, $29.723 billion for the Department of Justice, $26.431 billion for
the Science Agencies, and $973.4 million for the related agencies.
The amounts in this report reflect only new budget authority. Therefore, the amounts do not
include any rescissions of unobligated or deobligated balances, nor do they include any offsetting
receipts or fees.
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Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations
Contents
FY2011 Appropriations ............................................................................................................... 1
Survey of Selected Issues ............................................................................................................ 2
Department of Commerce ..................................................................................................... 2
Department of Justice (DOJ) ................................................................................................. 2
Science Agencies .................................................................................................................. 3
Related Agencies................................................................................................................... 4
Department of Commerce ........................................................................................................... 4
FY2011 Budget Request........................................................................................................ 5
International Trade Administration (ITA)............................................................................... 6
Bureau of Industry and Security (BIS)................................................................................... 7
Economic Development Administration (EDA) ..................................................................... 7
Minority Business Development Agency (MBDA) ................................................................ 8
Economic and Statistics Administration (ESA) ...................................................................... 8
Bureau of the Census ............................................................................................................ 9
National Telecommunications and Information Administration (NTIA) ............................... 10
U.S. Patent and Trademark Office (USPTO)........................................................................ 11
National Institute of Standards and Technology (NIST) ....................................................... 11
National Oceanic and Atmospheric Administration (NOAA) ............................................... 12
Department of Justice................................................................................................................ 13
FY2011 Budget Request................................................................................................ 14
General Administration ....................................................................................................... 16
General Administration ................................................................................................. 16
Administrative Review and Appeals (ARA) .................................................................. 16
Office of the Federal Detention Trustee (OFDT)............................................................ 16
Office of the Inspector General (OIG) ........................................................................... 17
U.S. Parole Commission ..................................................................................................... 17
Legal Activities ................................................................................................................... 17
General Legal Activities................................................................................................ 17
Office of the U.S. Attorneys .......................................................................................... 17
Other Legal Activities ................................................................................................... 18
U.S. Marshals Service (USMS) ........................................................................................... 18
National Security Division (NSD) ....................................................................................... 18
Interagency Law Enforcement............................................................................................. 18
Federal Bureau of Investigation (FBI) ................................................................................. 19
Shifting Budget Allocations: FY2003 to FY2010, and FY2011 Request......................... 20
National Security .......................................................................................................... 20
Crime Control ............................................................................................................... 20
Cyber Program.............................................................................................................. 21
Operational Enablers..................................................................................................... 21
Drug Enforcement Administration (DEA) ........................................................................... 21
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) .............................................. 22
Federal Prison System (Bureau of Prisons) .......................................................................... 23
Office on Violence Against Women (OVW) ........................................................................ 24
Office of Justice Programs (OJP) ........................................................................................ 25
Justice Assistance.......................................................................................................... 26
State and Local Law Enforcement Assistance ................................................................ 26
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Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations
Weed and Seed Program................................................................................................ 29
Juvenile Justice Programs ............................................................................................. 30
Public Safety Officers Benefits Program (PSOB) .......................................................... 31
Community Oriented Policing Services (COPS).................................................................. 31
Salaries and Expenses for OVW, OJP, and COPS ................................................................ 32
Science Agencies ...................................................................................................................... 32
Office of Science and Technology Policy (OSTP)................................................................ 33
National Aeronautics and Space Administration (NASA)..................................................... 34
National Science Foundation (NSF) .................................................................................... 36
Related Agencies....................................................................................................................... 40
Commission on Civil Rights................................................................................................ 40
Equal Employment Opportunity Commission (EEOC) ........................................................ 41
U.S. International Trade Commission (ITC) ........................................................................ 42
Legal Services Corporation (LSC)....................................................................................... 42
Marine Mammal Commission (MMC) ................................................................................ 43
Office of the U.S. Trade Representative (USTR) ................................................................. 43
State Justice Institute (SJI) .................................................................................................. 44
Tables
Table 1. CJS Appropriations, FY2010 Enacted and FY2011 Request ........................................... 1
Table 2. Funding for the Department of Commerce ..................................................................... 5
Table 3. Funding for the Department of Justice.......................................................................... 15
Table 4. Funding for OVW Programs ........................................................................................ 24
Table 5. Funding for Justice Assistance Programs...................................................................... 26
Table 6. Funding for State and Local Law Enforcement Assistance Programs ............................ 27
Table 7. Funding for Juvenile Justice Programs ......................................................................... 30
Table 8. Funding for Community Oriented Policing Services Programs ..................................... 31
Table 9. Funding for Science Agencies ...................................................................................... 33
Table 10. Funding for NASA..................................................................................................... 36
Table 11. Funding for Related Agencies .................................................................................... 40
Table 12. Funding for CJS Agencies, by Account ...................................................................... 44
Contacts
Author Contact Information ...................................................................................................... 46
Key Policy Staff........................................................................................................................ 47
Congressional Research Service
Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations
FY2011 Appropriations
This report provides an overview of actions taken by Congress to provide FY2011 appropriations
for Commerce, Justice, Science, and Related Agencies (CJS). It also provides an overview of
FY2010 appropriations for agencies and bureaus funded under the CJS bill. The source for the
FY2010-enacted amount is the report to accompany the Consolidated Appropriations Act, 2010
(P.L. 111-117, H.Rept. 111-366). The source for the FY2011 request for both the Department of
Commerce and the related agencies is the appendix to the FY2011 Budget of the U.S.
Government. The request for the Department of Justice is taken from the department’s FY2011
congressional budget submission. The sources for the FY2011 requests for the Science Agencies
(the Office of Science and Technology Policy, the National Aeronautics and Space
Administration, and the National Science Foundation) are the agencies’ respective congressional
budget justifications.
The Consolidated Appropriations Act, 2010 (P.L. 111-117), included a total of $68.705 billion in
new budget authority for the agencies and bureaus funded by the annual Commerce, Justice,
Science and Related Agencies (CJS) appropriations bill. Of the $68.705 billion appropriated for
FY2010, $14.035 billion was for the Department of Commerce, $28.078 billion was for the
Department of Justice, $25.658 billion was for the Science Agencies, and $934.8 million was for
the related agencies. For FY2011, the Administration requests a total of $66.009 billion for CJS—
an approximately $2.696 billion, or 3.9%, decrease in budget authority compared with FY2010
appropriations. The FY2011 request includes $8.882 billion for the Department of Commerce,
$29.723 billion for the Department of Justice, $26.431 billion for the Science Agencies, and
$973.4 million for the related agencies.
The amounts in this report reflect only new budget authority. Therefore, the amounts do not
include any rescissions of unobligated or deobligated balances, nor do they include any offsetting
receipts or fees.
Table 1 shows the FY2010 appropriation and FY2011 request for the Department of Commerce,
the Department of Justice, the science agencies, and the related agencies. See Table 12 for
FY2010 appropriations and FY2011 requests for individual accounts.
Table 1. CJS Appropriations, FY2010 Enacted and FY2011 Request
(budget authority in millions of dollars)
Departments and
FY2010
FY2011
House-
Senate-
FY2011
Related Agencies
Enacted
Request
Passed
Passed
Enacted
Department
of
Commerce
$14,035.2
$8,882.1
Department
of
Justice
28,077.7
29,722.5
Science
Agencies 25,657.8
26,431.4
Related
Agencies
934.8
973.4
Total
68,705.5
66,009.4
Source: FY2010-enacted amounts were taken from the House report to accompany the Consolidated
Appropriations Act, 2010 (P.L. 111-117, H.Rept. 111-366). The FY2011-requested amount for the Department
of Commerce was taken from U.S. Office of Management and Budget, Budget of the U.S. Government, Fiscal Year
2011, Appendix. The FY2011-requested amount for the Department of Justice was taken from U.S. Department
of Justice, FY2011 Congressional Budget Submission. The FY2011-requested amount for OSTP was taken from
FY2011 Executive Office of the President congressional budget justification; the FY2011-requested amount for
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NASA was taken from NASA congressional budget justification; and the FY2011-requested amount for NSF was
taken from FY2011 NSF congressional budget justification. The FY2011-requested amount for the related
agencies was taken from U.S. Office of Management and Budget, Budget of the U.S. Government, Fiscal Year 2011,
Appendix.
Note: Amounts may not add to totals due to rounding.
Survey of Selected Issues
Department of Commerce
Congress may consider the following issues as part of the Department of Commerce FY2011
appropriations process:
• continued oversight of the Census Bureau as it completes key 2010 census
requirements, including delivery of the House reapportionment numbers to the
President by December 31, 2010, and redistricting data to the states by March 31,
2011;
• whether to accept the Administration’s proposal to transfer funds from public
works to economic adjustment and technical assistance programs under the
Economic Development Administration to help distressed areas affected by
unemployment as a result of the recession;
• whether to fund the Administration’s proposed 19.6% increase in funding for the
International Trade Administration for FY2011 that includes a National Export
Initiative expected to help increase U.S. exports and the competitiveness of U.S.
companies in the global marketplace;
• whether to provide the U.S. Patent and Trademark Office with the authority to
use all the fees it collects in a fiscal year; and
• whether to support the Administration’s proposal to increase support of National
Oceanic and Atmospheric Administration’s satellite programs to ensure
continuity of satellite operations and to provide coverage for weather forecasts
and climate measurements.
Department of Justice (DOJ)
Some issues Congress might consider while determining funding levels for DOJ accounts include
the following:
• limitations on the use of funds for anticipated DOJ administrative costs related to
transferring and prosecuting Guantánamo detainees;
• whether to accept the Administration’s proposed increase in funding to improve
law enforcement’s capacity to combat the trafficking of illicit drugs and firearms
along the Southwest border;
• continued oversight of the Federal Bureau of Investigation’s (FBI’s)
transformation and the redirection of a share of its resources away from
traditional crime and toward combating domestic and international terrorism;
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• permanent funding for FBI positions for white collar crime (financial and
mortgage fraud) that were previously funded through supplemental
appropriations;
• enhancement of FBI weapons of mass destruction response and render safe
capabilities;
• increased protection of the U.S. information infrastructure from computer
intrusions through additional FBI resources devoted to cyber threat investigations
and intelligence analysis;
• whether to increase FBI’s funding for investigating mortgage and financial fraud;
• whether to approve the Administration’s request for funding for the Bureau of
Prisons to acquire, renovate, and operate a high-security facility in Thomson, IL;
• increasing funding for grant programs that either seek to divert offenders from
the criminal justice system or reduce recidivism; and
• whether to accept the Administration’s proposal to cease funding for the Weed
and Seed Program.
Science Agencies
Among the issues facing science agencies that Congress may opt to address in the FY2011
appropriations process are the following:
• whether to provide funding increases for research and related activities at the
National Science Foundation (NSF), National Institute of Standards and
Technology (NIST), and Department of Energy Office of Science (DOE SC) at
levels consistent with President Obama’s goal of doubling aggregate funding for
these agencies by FY2016, from their FY2006 aggregate funding level, or at
levels consistent with the America COMPETES Act (P.L. 110-69), which
authorized funding for FY2008, FY2009, and FY2010 that set a seven-year
doubling path;
• whether to fund climate change and clean energy research that has been
requested in the NSF FY2011 budget request;
• whether to fund NSF’s work under the National Nanotechnology Initiative
directed at understanding and exploiting the unique properties of matter that can
emerge at the nanoscale, as well as toward understanding and addressing
nanotechnology-related environmental, health, and safety concerns;1 and
• whether the future direction of the National Aeronautics and Space
Administration’s (NASA’s) human spaceflight program will be determined in
FY2011.
1 For further information, see CRS Report RL34511, Nanotechnology: A Policy Primer, by John F. Sargent Jr.
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Related Agencies
Some issues Congress might consider while debating FY2011 funding level for related agencies
include the following:
• whether to provide additional funding for the Equal Employment Opportunity
Commission to hire investigators, mediators, attorneys, and support staff to
address a growing backlog of private sector cases;
• whether to eliminate the Legal Services Corporation restrictions on class action
suits and attorneys’ fees; and
• whether to increase funding for the State Justice Institute so it can award grants
to support programs that might not be funded due the budget constraints most
state courts are currently facing.
Department of Commerce2
The origin of the Department of Commerce (Commerce Department) dates to 1903 with the
establishment of the Department of Commerce and Labor.3 The separate Commerce Department
was established on March 4, 1913.4 The department’s responsibilities are numerous and quite
varied; 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;
• Economic and Statistics Administration (ESA), excluding the Bureau of the
Census, provides (1) 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;
2 This section was coordinated by Oscar R. Gonzales and Jennifer D. Williams, CRS Government and Finance
Division.
3 32 Stat. 825.
4 37 Stat .C. 1501.
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• Bureau of the 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.
FY2011 Budget Request
Table 2 presents the following funding information for the Commerce Department as a whole and
each of its bureaus or agencies: the FY2010-enacted appropriation and the Administration’s
FY2011 request. The Administration requests an FY2011 total of $8.882 billion for the
Department, a $5.153 billion (36.7%) decrease from the $14.035 billion that was enacted for
FY2010. Most of the reduction is due to a large decrease in the FY2011 request for the Census
Bureau, $1.267 billion compared with the $7.325 billion the Bureau received in FY2010, largely
for the 2010 decennial census.
Table 2. Funding for the Department of Commerce
(budget authority in millions of dollars)
FY2010
FY2011
House-
Senate-
FY2011
Bureau or Agency
Enacted
Request
Passed
Passed
Enacted
International Trade
Administration
$446.8
$534.3
Bureau of Industry and
Security
100.3
113.1
Economic Development
Administration
293.0
286.2
Minority Business
Development
Agency
31.5
32.3
Economic and Statistics
Administration (excluding
Census)
97.3
113.2
Census Bureau
7,324.7a
1,266.7
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FY2010
FY2011
House-
Senate-
FY2011
Bureau or Agency
Enacted
Request
Passed
Passed
Enacted
National
Telecommunications and
Information
Administration
40.0
21.8
Patent and Trademark
Officeb
1,887.0
2,322.0
Offsetting Fee Receipts
(USPTO)
-1,887.0
-2,322.0
National Institute of
Standards
and
Technology
856.6
918.9
National Oceanic and
Atmospheric
Administration
4,737.5
5,554.1
Departmental
Management
107.5
41.5
Total: Department of
Commerce
14,035.2 8,882.1
Source: FY2010-enacted amounts are from the House report to accompany the Consolidated Appropriations
Act, 2010 (P.L. 111-117, H.Rept. 111-366). FY2011-requested amounts were taken from the U.S. Office of
Management and Budget, Budget of the U.S. Government, Fiscal Year 2011, Appendix.
Notes: Amounts may not add to totals due to rounding.
a. Of the $7,324.7 million for the Census Bureau in FY2010, $100.0 million was to come from available
unobligated balances of previously appropriated funds that would remain available until September 30, 2011.
b. 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. Total
figures for the Department of Commerce exclude PTO.
International Trade Administration (ITA)5
ITA provides export promotion services, works to ensure 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 organizational units: (1) the Manufacturing and Services Unit, which is responsible
for certain industry analysis functions and promoting the competitiveness and expansion of the
U.S. manufacturing sector; (2) the Market Access and Compliance Unit, which is 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) the Import Administration Unit, which is responsible for administering the trade
remedy laws of the United States; (4) the Trade Promotion/U.S. Foreign Commercial Service
program, which is 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, which is responsible for
5 This section was written by M. Angeles Villarreal, Specialist in International Trade and Finance, CRS Foreign
Affairs, Defense, and Trade Division.
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providing policy leadership, information technology support, and administration services for all
of ITA.
The FY2011-requested amount for ITA is $534.3 million, $87.5 million (19.6%) more than the
FY2010-enacted amount of $446.8 million. The request anticipates the collection of $9.4 million
in fees, the same as the FY2010-enacted amount, which would raise available FY2011 funds to
$543.7 million. The requested increase in the FY2011 budget is part of the Obama
Administration’s multiyear plan to stimulate the economy. The Administration is requesting $78.5
million for a National Export Initiative to promote growth in the U.S. economy and create jobs by
increasing the volume of U.S. exports and the number of U.S. firms that export. The
Administration anticipates that the initiative will help U.S. companies be more competitive in the
global market and that jobs created through export growth will be associated with higher wages.
Bureau of Industry and Security (BIS)6
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 these authorities have been renewed yearly.
The President’s FY2011 request for BIS is $113.1 million, a $12.8 million (12.7%) increase from
the FY2010-enacted funding level of $100.3 million. The FY2011 funding request for BIS is
divided among licensing activity ($55.6 million), enforcement activities ($51.3 million), and
management and policy coordination ($6.2 million). Of these amounts, $14.8 million was
requested for Chemical Weapons Convention (CWC) enforcement. The $12.8 million increase in
the BIS request is primarily for additional resources to increase the number of positions in the
Office of Export Enforcement (OEE) to support enhanced counter-proliferation, counterterrorism,
and national security initiatives and investigations. BIS seeks an additional 29 positions to staff
these programs. In FY2010, BIS had budget authority for 362 positions. With base adjustments of
two positions and new initiatives, BIS is seeking budget authority for 393 positions for FY2011.
Economic Development Administration (EDA)7
EDA was created by the passage of the Public Works and Economic Development Act (PWEDA)
of 1965,8 with the objective of fostering growth in economically distressed areas characterized by
high levels of unemployment and low per-capita income levels. Federally designated disaster
6 This section was written by Ian F. Fergusson, Specialist in International Trade and Finance, CRS Foreign Affairs,
Defense, and Trade Division.
7 This section was written by Oscar R. Gonzales, Analyst in Economic Development Policy, CRS Government and
Finance Division.
8 P.L. 89-136; 42 U.S.C. 3121.
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areas and areas affected by military base realignment or closure (BRAC) are also eligible for
EDA assistance.
The Administration’s request for this account for FY2011 is $286.2 million, or $6.8 million
(2.3%) less than the FY2010-enacted amount of $293.0 million. EDA received $255.0 million for
economic development assistance programs in FY2010, and the Administration’s FY2011 request
represents a proposed $9.0 million reduction (3.5%). In addition, the Administration proposes to
transfer $90.0 million from EDA’s public works grants to other EDA programs: a total of $86.4
million would be transferred to the economic adjustment program, and $3.6 million would be
transferred to the technical assistance program.
One of EDA’s policy priorities is to assist distressed areas affected by unemployment as a result
of the recession, in particular funding for regional planning and matching grants for regional
innovation clusters, and the launch of a national network of public-private business incubators, to
be funded under economic adjustment assistance grants. Congress may consider the level of
funding for these two initiatives, the 3.5% reduction in economic development programs, and the
reallocation of funds from public works to economic adjustment and technical assistance.
Minority Business Development Agency (MBDA)9
MBDA, established by Executive Order 11625 on October 13, 1971, is charged with the lead role
in coordinating all of the federal government’s minority business programs.10 As part of its
strategic plan, the MBDA seeks to develop an 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 is measured in increased gross receipts, number of employees, and size
and scale of firms associated with minority business enterprise.
The Administration’s request for this account for FY2011 is $32.3 million, an increase of
approximately $0.8 million (2.5%) over the FY2010-enacted amount of $31.5 million. Congress
may consider whether to increase funding for the activities and outreach of MBDA’s Office of
Native American Business Development to support research on Native American trade promotion
and economic disparities, and whether to increase funding for MBDA to monitor and provide
technical assistance for minority businesses seeking federal contracts through the American
Recovery and Reinvestment Act (P.L. 111-5) and through the regular federal contracting process.
Economic and Statistics Administration (ESA)11
The ESA provides economic data, analysis, and forecasts to government agencies and, where
appropriate, to the public. The ESA includes the Bureau of the Census (discussed separately), the
Bureau of Economic Analysis (BEA), and STAT-USA.12 The ESA has three core missions: to
9 This section was written by Oscar R. Gonzales, Analyst in Economic Development Policy, CRS Government and
Finance Division.
10 36 FR 19967, 3 C.F.R., 1971-1975 Comp. 9. 616.
11 This section was written by Oscar Gonzales, Analyst in Economic Development Policy, CRS Government and
Finance Division.
12 STAT-USA provides U.S. economic and finance data, international trade statistics, and market research reports.
(continued...)
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compile a system of economic data, to interpret and communicate information about the forces at
work in the economy, and to support the information and analytical needs of the executive
branch.
For FY2011, the Administration recommends $113.2 million for ESA, an increase of $15.9
million (16.3%) over the FY2010-enacted amount of $97.3 million. Funding for ESA in FY2011
includes two primary accounts: ESA headquarters and the BEA. The ESA headquarters staff
provides economic research and policy analysis in support of the Secretary of Commerce and the
Administration. The BEA account funds the National Income and Product Accounts (NIPAs),
which include estimates of national gross domestic product and related measures.
Bureau of the Census13
The U.S. Constitution requires a population census every 10 years, to serve as the basis for
reapportioning seats in the House of Representatives.14 Decennial census data also are used for
within-state redistricting and in certain formulas that determine the annual distribution of more
than $400 billion in federal and state funds. The Bureau of the Census (the Bureau), established
as a permanent office on March 6, 1902,15 conducts the decennial census under Title 13 of the
U.S. Code, which also authorizes the Census Bureau to collect and compile a wide variety of
other demographic, economic, housing, and governmental data.
The Administration’s FY2011 request for the Census Bureau is $1.267 billion, $6.058 billion
(82.7%) less than the FY2010-enacted amount of $7.325 billion.16 The FY2011 request includes
$280.4 million for the Bureau’s salaries and expenses account—$21.3 million (8.2%) above the
$259.0 million FY2010 amount—and $986.4 million for the periodic censuses and programs
account—$6.079 billion (86.0%) lower than the $7.066 billion for FY2010.
The periodics account funds the Bureau’s most expensive program, the decennial census. The
large decrease in the FY2011 periodics request reflects the fact that the Bureau is to complete its
most costly 2010 census operations by the end of FY2010. Among other major activities during
FY2011, the Bureau is to process and deliver House reapportionment data to the President by
December 31, 2010; deliver redistricting data to the states by March 31, 2011; begin providing
new census data for federal funds distribution; and complete the fieldwork for the coverage
measurement program, to assess census accuracy.
(...continued)
Since 1994, STAT-USA has been funded through user fees and is excluded from this discussion. The regional input-
output modeling system maintained by the BEA is also excluded because it is funded entirely through user fees instead
of annual appropriations.
13 This section was written by Jennifer D. Williams, Specialist in American National Government, CRS Government
and Finance Division.
14See Article 1, Section 2, clause 3, as modified by Section 2 of the 14th Amendment.
15 32 Stat. 51.
16 Of the $7.325 billion for FY2010, $100.0 million was to come from available unobligated balances of funds that
were previously appropriated under the periodic censuses and programs account and would remain available until
September 30, 2011.
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Although the 2010 census will collect only basic population data,17 the American Community
Survey (ACS)—another part of the decennial program funded under the periodics account—
gathers more extensive socioeconomic and housing information. The ACS samples almost
250,000 housing units every month, or 2.9 million a year. The data are aggregated to produce
annual, three-year, or five-year averages for places according to their population sizes.18 The ACS
has replaced the census long form, which used to collect data from a sample of the population
(about 17% in 2000) in the census year. The FY2011 request includes $44.0 million for, among
other purposes, increasing the yearly ACS sample size to 3.5 million housing units and thereby
improving the reliability of the census-tract-level (small-area) estimates.
National Telecommunications and Information Administration
(NTIA)19
NTIA is the executive branch’s principal advisory office on domestic and international
telecommunications and information technology policies. Its mandate is to provide greater access
for all Americans to telecommunications services, support U.S. attempts to open foreign markets,
advise on international telecommunications negotiations, fund research grants for new
technologies and their applications, and assist nonprofit organizations converting to digital
transmission in the 21st century. NTIA manages the distribution of funds for several key grant
programs. Its role in federal spectrum management includes acting as a facilitator and mediator in
negotiations among the various federal agencies regarding usage, priority access, causes of
interference, and other radio spectrum questions. In recent years, one of the responsibilities of the
NTIA has been to oversee the transfer of some radio frequencies from the federal domain to the
commercial domain. Many of these frequencies have subsequently been auctioned to the
commercial sector and the proceeds paid into the U.S. Treasury.
For FY2011, the Administration requests $21.8 million for Salaries and Expenses, a 9.1%
increase over the $20.0 million appropriated for that category in FY2010. Approximately $1.0
million of the requested increase is to bolster research in spectrum-sharing technologies that
would improve the efficiency of radio frequency spectrum. Other program efforts will seek to
increase the availability of spectrum for wireless broadband, in support of the Administration’s
goals for national broadband, and to work with the Federal Communications Commission on
developing a plan for spectrum availability over the next 10 years.
The appropriations request announced the intention of discontinuing the Public
Telecommunications and Facilities Planning and Construction (PTFPC) program, a separate
budget category. The PTPFC funds grants for public broadcasting activities; the appropriations
request reports that funds are available for this purpose from other sources. In FY2010, Congress
appropriated $20.0 million for PTFPC. During FY2011, the NTIA will continue to oversee
17 The 2010 short form includes questions about the age, date of birth, sex, race, ethnicity (Hispanic or non-Hispanic),
and number of persons in a housing unit; each person’s relationship to the person filling out the form; and whether the
unit is rented or owned by a household member.
18 Annual averages of ACS data are available for areas with at least 65,000 persons; three-year averages for areas with
20,000 or more persons; and, beginning in 2010, five-year averages for areas of fewer than 20,000 persons.
19 This section was written by Linda K. Moore, Specialist in Telecommunications and Spectrum Policy, CRS
Resources, Science, and Industry Division.
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several programs funded from prior-year receipts through the Digital Television Transition and
Public Safety Fund.
U.S. Patent and Trademark Office (USPTO)20
The USPTO (the Office) examines and approves applications for patents on claimed inventions
and administers the registration of trademarks. It also helps other federal departments and
agencies 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 Congress.
The Administration’s FY2011 request would provide the USPTO with $2.322 billion in budget
authority, 23.1% above the FY2010-enacted amount of $1.887 billion. The budget proposal also
recommends that past fee increases remain in effect, that a 15.0% surcharge be leveled on fees
charged or authorized, and that the fees generated by the surcharge be designated for use only by
the USPTO.
The ability of the USPTO to use all fees collected during a given fiscal year has been of ongoing
congressional interest. Until recently, appropriation measures limited USPTO use of these fees.
Proponents of this approach claim that the Office has been given sufficient financial support to
operate and that the existing process provides necessary financing for other programs in the
relevant budget category given budget scoring practices and the caps placed upon the Committees
on Appropriations.
However, many in the community that pay the fees to maintain and administer intellectual
property disagree with this assessment. Critics argue that, over time, a significant portion of the
fees collected were not returned to the USPTO because of the ceilings established by the
appropriations process and the inability of the Office to use the fees on a dollar-for-dollar basis.
They maintain that all fees are necessary to cover actual, time-dependent activities at the USPTO
and that the ability of the appropriators to limit funds diminishes the efficient and effective
operation of the Office.
National Institute of Standards and Technology (NIST)21
NIST is a laboratory of the Department of Commerce with a mandate 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.
The Administration’s FY2011 budget proposes $918.9 million in funding NIST, a 7.3% increase
over the $856.6 appropriated for FY2010. Support for in-house research and development (R&D)
20 This section was written by Wendy H. Schacht, Specialist in Science and Technology Policy, CRS Resources,
Science, and Industry Division.
21 This section was written by Wendy H. Schacht, Specialist in Science and Technology Policy, CRS Resources,
Science, and Industry Division.
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under the Scientific and Technical Research and Services (STRS) account (including the Baldrige
National Quality Program) would increase 13.5% from the current fiscal year figure of $515.0
million to $584.5 million. The Manufacturing Extension Partnership (MEP) program would
receive $129.7 million, 4.0% more than the $124.7 million appropriated for FY2010. Financing
for the Technology Innovation Program (TIP) would increase 14.3% over FY2010 funding of
$69.9 million to $79.9 million, while the construction budget would decline 15.1% from $147.0
million to $124.8 million.
Continued support for NIST extramural programs (currently MEP and TIP) directed toward
increased private sector commercialization has been a major issue. Some Members of Congress
have expressed skepticism over a “technology policy” based on providing federal funds to
industry for development of pre-competitive generic technologies. This approach, coupled with
pressures to balance the federal budget, led to significant reductions in appropriations for several
of these NIST activities. The Advanced Technology Program (ATP) and the Manufacturing
Extension Partnership, which accounted for more than 50% of the FY1995 NIST budget, were
proposed for elimination at various times by the House and Senate. In 2007, ATP was terminated
and replaced by the Technology Innovation Program.
While much of the legislative debate has focused on extramural efforts, increases in spending for
the NIST laboratories that perform the research essential to the mission responsibilities of the
agency have tended to remain small. As part of the American Competitiveness Initiative,
announced by former President Bush in the 2006 State of the Union address, the Administration
stated its intention to double funding over 10 years for “innovation-enabling research” done at
NIST through its “core” programs (defined as internal research in the STRS account and the
construction budget). In April 2009, the current President stated his decision to double the budget
of key science agencies, including NIST, over the next 10 years. While additional funding has
been forthcoming, it remains to be seen how support for internal R&D at NIST will evolve and
how this might affect financing of extramural programs such as TIP and MEP.
National Oceanic and Atmospheric Administration (NOAA)22
The National Oceanic and Atmospheric Administration (NOAA) conducts scientific research in
areas such as ecosystems, climate, global climate change, weather, and oceans; supplies
information on the oceans and atmosphere; and conserves coastal and marine resources. NOAA
was created in 1970 by Reorganization Plan No. 4. The reorganization plan was designed to unify
the nation’s environmental activities and to provide a systematic approach for monitoring,
analyzing, and protecting the environment. NOAA’s administrative structure has evolved into five
line offices, which include the National Environmental Satellite, Data, and Information Service
(NESDIS); the National Marine Fisheries Service (NMFS); the National Ocean Service (NOS);
the National Weather Service (NWS); and the Office of Oceanic and Atmospheric Research
(OAR). In addition to NOAA’s five line offices, Program Support (PS), a cross-cutting budget
activity, includes the NOAA Education Program, Corporate Services, Facilities, and the Office of
Marine and Aviation Services (OMAO).
The Administration requests $5.554 billion for NOAA’s FY2011 budget. The request is 17.2% or
$816.6 million more than the FY2010-enacted amount of $4.738 billion. NOAA’s budget is
22 This section was written by Harold F. Upton, CRS Natural Resources Policy Analyst, Resources, Science, and
Industry Division.
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Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations
divided into two main accounts, Operations Research and Facilities (ORF) and Procurement,
Acquisition, and Construction (PAC). The Administration proposes funding ORF at $3.303
billion and PAC at $2.184 billion. Nearly all of the requested increase would fund the PAC
account for NESDIS activities related to satellite programs.
One of NOAA’s priorities is to support NESDIS to ensure continuity of satellite operations and to
provide coverage for weather forecasts and climate measurements. The Administration would
increase FY2011 funding for NESDIS by nearly $810.0 million (58%). The FY2011 budgets of
other NOAA line offices would be decreased or provided modest increases. For example, the
FY2011 budget for NMFS would be decreased by $15.8 million (1.5%). One issue that Congress
might consider is whether to reassess the Administration’s funding priorities in light of the
challenges NMFS faces, such as restoring habitat, rebuilding fish populations, and developing
catch share programs.
Department of Justice23
Established by an act of 187024 with the Attorney General at its head, DOJ 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,
23 This section was written by Celinda Franco, CRS Specialist in Crime and Drug Policy; Kristin M. Finklea, CRS
Analyst in Domestic Security; Nathan James, CRS Analyst in Crime Policy; and William J. Krouse, CRS Specialist in
Domestic Security and Crime Policy, CRS Domestic Social Policy Division.
24 28 U.S.C. 501
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Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations
firearms, and explosives. It was transferred from the Department of the Treasury
to the DOJ 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, and the Office of
Victims of Crime.
• Community Oriented Policing Services (COPS) advances the practice of
community policing by awarding grants to law enforcement agencies to hire and
train community policing professionals, acquire and deploy crime-fighting
technologies, and develop and test innovative policing strategies.
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.25
FY2011 Budget Request
For FY2011, the Administration’s request includes almost $29.723 billion for DOJ (as shown in
Table 3), which includes $8.265 billion for the FBI, $2.13 billion for the DEA, $1.163 billion for
the ATF, $6.806 billion for BOP, and $2.07 billion for OJP. The FY2011 request would represent
an increase of $1.645 billion compared with the FY2010-enacted appropriation of $28.078
billion. This 5.9% proposed increase in funding is largely reflected in proposed increases for
BOP, FBI, DEA, and Legal Activities, including additional amounts for the U.S. Attorneys and
fees and expenses for the Witness Security Program. The President’s FY2011 budget request also
proposes notable funding reductions among several accounts, including State and Local Law
Enforcement Assistance (-3.7%), Juvenile Justice (-31.6%), COPS (-12.8%), and proposes
eliminating the Weed and Seed program.
25 See for example, the Crime Control Act of 1984 (P.L. 98-473); the Anti-Drug Abuse Act of 1968 (P.L. 99-570); the
Anti-Drug Abuse Act of 1988 (P.L. 100-690); the Crime Control Act of 1990 (P.L. 101-647); and the Violent Crime
Control and Law Enforcement Act of 1994 (P.L. 103-322).
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Table 3. Funding for the Department of Justice
(budget authority in millions of dollars)
FY2010
FY2011
House-
Senate-
FY2011
Accounts
Enacted
Request
Passed
passed
Enacted
General
Administration $2,276.7
$2,593.3
General
Administration
456.9
655.4
Administrative Review &
Appeals
296.7
315.2
Detention
Trustee 1,438.7
1,533.9
Office of the Inspector
General
84.4
88.8
U.S.
Parole
Commission
12.9
13.6
Legal
Activities
3,085.2
3,388.3
General legal activities
875.1
976.4
United States Attorneys
1,934.0
2,041.3
Othera
276.1
370.6
United States Marshals Service
1,152.4
1,207.2
National
Security
Division 87.9
99.5
Interagency Law Enforcement
528.6
579.3
Federal Bureau of Investigation
7,898.5
8,264.7
Drug Enforcement
Administration
2,019.7
2,130.1
Bureau of Alcohol, Tobacco,
Firearms and Explosives
1,120.8
1,163.0
Federal Prison System
6,188.1
6,806.2
Office on Violence Against
Women
418.5
438.0
Office of Justice Programs
2,283.5
2,069.9
Justice
Assistance
235.0
224.3
State and Local Law
Enforcement
Assistance
1,534.8
1,478.5
Weed and Seed
20.0
—
Juvenile
Justice
Programs
423.6
289.8
Public Safety Officers
Benefits
70.1
77.3
Community Oriented Policing
Services
791.6
690.0
OVW, OJP, and COPS Salaries
and
Expenses
213.4
279.4
Total: Department of
Justice
28,077.7
29,722.5
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Source: FY2010-enacted amounts were taken from the House report to accompany the Consolidated
Appropriations Act, 2010 (P.L. 111-117, H.Rept. 111-366). FY2011-requested amounts were taken from U.S.
Department of Justice, FY2011 Congressional Budget Submission.
Notes: Amounts may not add to totals due to rounding.
a. Other includes subaccounts for the Antitrust Division, Vaccine Injury Compensation Trust Fund, U.S.
Trustee System Fund, Foreign Claims Settlement Commission, Fees and Expenses of Witnesses,
Community Relations Service, and the Asset Forfeiture Fund.
General Administration
The General Administration account provides funds for salaries and expenses for the Attorney
General’s office, the Inspector General’s office, and other programs designed to ensure that the
collaborative efforts of DOJ agencies are coordinated to help fight crime as efficiently as
possible. The Administration request includes $2.593 billion for FY2011. This amount is $316.6
million more than the enacted FY2010 appropriation of almost $2.277 billion, an increase of
13.9%. Described below are several General Administration subaccounts, such as the Office of
the Inspector General.
General Administration
The General Administration account includes funding for Salaries and Expenses for DOJ
administration, as well as for the National Drug Intelligence Center, Justice Information Sharing
Technology, and Tactical Law Enforcement Wireless Communications. For DOJ’s General
Administration, the FY2011 budget request includes $655.4 million, an increase of almost $198.5
million (or 43.4%) over the FY2010 appropriation of $456.9 million. As part of the FY2011
request, the Administration is proposing an additional $72.8 million to fund activities related to
DOJ’s prosecution of the alleged 9/11 terrorists.
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 Department of Homeland Security’s (DHS’s) efforts
to secure the nation’s borders. The EOIR handles these matters, and the OPA receives and reviews
petitions for executive clemency. For FY2010, Congress appropriated nearly $296.7 million for
ARA. The Administration’s request includes $315.2 million for ARA funding for FY2011. The
requested amount exceeds the FY2010 funding level by $18.5 million, representing an increase of
6.2%. In response to escalating drug-related violence in Mexico and concerns about the
possibility that the violence could spread into the United States, the Administration request
includes $11.0 million to enhance Immigration Judge Teams and Board of Immigration Appeals
attorneys as part of the Department of Homeland Security’s Secure Communities Initiative.
Office of the Federal Detention Trustee (OFDT)
The OFDT provides overall management and oversight for federal detention services relating to
federal prisoners in nonfederal institutions or otherwise in the custody of the U.S. Marshals
Service. The FY2011 budget request includes almost $1.534 billion for OFDT. This amount is
$95.2 million (6.6%) more than the FY2010 appropriation of almost $1.439 billion. The increase
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in detainee operation costs is reportedly linked to the detention of illegal immigrants along the
Southwest border.
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 Administration’s request includes $88.8 million for
the OIG in its FY2011 budget. This amount is $4.4 million greater than the almost $84.4 million
appropriated by Congress for FY2010 and represents a 5.2% increase in funding for FY2011.
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 FY2011, the President’s
budget request includes almost $13.6 million for the Parole Commission, an increase of nearly
$0.7 million (or 5.6%) compared with the FY2010 appropriation of almost $12.9 million.
Legal Activities
The Legal Activities account includes several subaccounts: general legal activities, U.S.
Attorneys, and other legal activities. The President’s FY2011 budget request includes $3.388
billion for the Legal Activities account, or 9.8% more than the FY2010-enacted appropriation of
$3.085 billion. The request proposes an increase of $303 million over FY2010 appropriation
levels.
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, INTERPOL, and dispute resolution). The Administration’s FY2011 request proposes
$976.4 million for General Legal Activities, $101.3 million more than the enacted FY2010
appropriation of $875.1 million. The requested amount would increase FY2011 funding by 11.6%
more than FY2010-enacted appropriation level.
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. The President’s
FY2011 budget proposal includes $2.041 billion for the salaries and expenses of the U.S.
Attorneys. This amount reflects an increase of 5.5%, or almost $107.3 million over the enacted
FY2010 funding level of $1.934 billion.
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Other Legal Activities
Other Legal Activities includes the Antitrust Division, the Vaccine Injury Compensation Trust
Fund, the U.S. Trustee System Fund (which is responsible for maintaining the integrity of the
U.S. bankruptcy system by, among other things, prosecuting criminal bankruptcy violations), the
Foreign Claims Settlement Commission, the Fees and Expenses of Witnesses, the Community
Relations Service, and the Assets Forfeiture Fund. For FY2011, the Administration’s request
includes $370.6 million for Other Legal Activities, $94.5 million, or 34%, more than FY2010
funding of $276.1 million.
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. The President’s
FY2011 budget request includes $1.207 billion for the USMS. The requested amount exceeds the
FY2010-enacted appropriation of $1.152 billion by $54.8 million, or 4.8%.
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. 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 to ensure that criminal intelligence information is shared, as
appropriate.
For FY2011, the President’s request includes $99.5 million for the NSD, a proposed increase of
nearly $11.6 million (13.2%) compared with FY2010 funding ($87.9 million).
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 DEA; the FBI; the ATF; the USMS; the Tax and Criminal Divisions of DOJ;
and the U.S. Attorneys. From DHS, Immigration and Customs Enforcement and the U.S. Coast
Guard participate in OCDETF. In addition, from the Department of the Treasury, the Internal
Revenue Service and Treasury Office of Enforcement also participate in OCDETF. Moreover,
state and local law enforcement agencies participate in approximately 90% of all OCDETF
investigations.
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For FY2011, the Administration proposes $579.3 million for OCDETF. The proposed FY2011
funding level would exceed the FY2010-enacted funding level of $528.6 million by almost $50.8
million, or 9.6%. As mentioned, in response to concerns that the escalating drug trafficking-
related violence in Mexico could spread into the United States, the Administration request
includes $37.3 million to enhance enforcement and prosecution activities as part of the Southwest
Border Enforcement Initiative. Among other things, the funding would enhance USMS support of
Mexican and Colombian fugitive apprehension activities, expand OCDETF’s co-located strike
forces, expand the capacity of the OCDETF fusion center, provide funding to the Southwest
Border Threat Response Unit for the review of Title III wiretap applications, and provide
additional attorneys for Southwest border districts.
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 its efforts to focus on preventing terrorism and related criminal activities. From
FY2001 through FY2010, Congress has more than doubled the direct appropriation for the FBI’s
salaries and expenses (S&E) account, from $3.32 billion to $7.659 billion, or a 130.7% increase.
The President’s FY2011 budget request includes $8.083 billion for the FBI salaries and expenses
account, an increase of $425 million, or 5.5%, compared with the FY2010-enacted appropriation.
This proposed increase includes $215.5 million (over base), which includes $232.8 million in
budget enhancements offset by $17.3 million in reductions. The requested FY2011 budget
enhancements include the following:
• $45.9 million for cyber security (computer intrusions);
• $25.2 million for national security (counterterrorism and counterintelligence);
• $25.1 million for operational enablers, who will address FBI shortfalls in
information technology and other areas of technical expertise;
• $9.1 million for weapons of mass destruction (WMD) countermeasures;
• $40 million for WMD response and render safe capabilities;
• $75.3 million for white collar crime investigations;
• $10.8 million for child exploitation investigations;
• $952 thousand for modernizing U.S. law enforcement’s approach to international
organized crime; and
• $328 thousand for crime in Indian country.
The FY2011 request also includes a proposal to transfer $19.0 million from the Department of the
Interior to the FBI to address crime in Indian country. For construction, the FY2011 request
includes $181.2 million, bringing the total FBI FY2011 request to $8.265 billion, an increase of
$366.1 million, or 4.6%, compared with the total FY2010-enacted appropriation of $7.899 billion.
For FY2010, Congress appropriated $239.9 million for FBI construction projects.
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Shifting Budget Allocations: FY2003 to FY2010, and FY2011 Request
From FY2003 to FY2010, the lion’s share of new resources provided to the FBI have been
allocated to national security, including the intelligence and counterterrorism/counterintelligence
budget decision units.26 For those years, the allocations for national security from the salaries and
expenses account increased from $2.107 billion (46.0%) to $4.762 billion (62.2%). The FY2011
request includes a proposed allocation of $5.015 billion (62.0%) for FY2010 for national security
activities.
At the same time, as a percentage of S&E funding, the allocations for criminal enterprises and
federal crimes (traditional crime) decreased from $2.199 billion (48.0%) to $2.471 billion
(32.3%). Some Members of Congress have expressed concern about the diminishing percentage
of funding allocated for traditional crime (including drug enforcement, violent crime, and white
collar crime investigations).27 The FY2011 request includes a proposed allocation of $2.642
billion (32.7%) for traditional crime.
Meanwhile, as a percentage of S&E funding, the allocations for criminal justice services
decreased from $275 million (6%) for FY2003 to $424 million (5.5%) for FY2010. The FY2011
request includes a proposed allocation of $416.5 million (5.3%) for criminal justice services.
National Security
The FBI’s lead strategic goals are to prevent, disrupt, and defeat terrorist operations before they
occur, and to combat espionage against the United States. To advance these goals, the FBI
FY2011 salaries and expenses request includes $5.015 billion. As described above, the FY2011
request includes funding increases to meet several national security threats, including terrorism,
WMDs, foreign intelligence, and cybercrime. The request includes a $25.2 million increase for
national security operations. It also includes a $49.1 million increase for WMD-related response
and render safe operations, bringing total funding for these purposes to $501.2 million for
FY2011.
Crime Control
The FBI’s secondary strategic goal is to reduce the threat, incidence, and prevalence of crime. To
advance this goal, the FY2011 salaries and expenses request includes $2.642 billion. Requested
crime control increases include a $75.3 million increase for white collar crime. This amount
includes $44.8 million to make 211 positions funded with supplemental funding for
26 There are no publicly available budget breakouts for FY2000 through FY2002. It is also notable that prior to the
September 11, 2001, terrorist attacks, and immediately thereafter, FBI funding allocations for national security
activities were considered law enforcement-sensitive. Those amounts were redacted from declassified audits released
by DOJ Inspector General. See Audit Report 02-38, A Review of the Federal Bureau of Investigation’s
Counterterrorism Program: Threat Assessment, Strategic Planning, and Resource Management, September 2002,
available at http://www.usdoj/gov/oig/reports/FBI/a0238.htm.
27 Senator Barbara Mikulski, Chair of the Senate Appropriations CJS subcommittee, amended the FY2008 CJS
appropriations bill (H.R. 3093) to include language to require the FBI Director to submit a report to the Appropriations
Committees with 60 days of enactment on the FBI’s current workforce allocation, right-sizing, and realignment of
agents, analysts, and support personnel.
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FY2009/FY2010 permanent. These positions and associated funding were provided by Congress
to address the following:
• mortgage and sub-prime industry related fraud;
• Emergency Economic Stabilization Act of 2008 (EESA) Troubled Asset Relief
Program (TARP) criminal abuse and fraud; and
• Housing and Economic Recovery Act (HERA) fraud.
The requested increase also includes increases of $16.7 million for corporate fraud investigations,
$10 million for securities and commodities fraud (Ponzi and other high-yield investment
schemes), and $3.8 million for block grant abuse and fraud against the U.S. government. The
$75.3 million increase would bring total funding for white collar crime to $453.7 million for
FY2011.
In addition, the FY2011 request includes increases for child exploitation and Indian country
crime. The request includes $10.8 million to bolster investigations against child prostitution, sex
tourism, and pornography. This increase would bring total funding dedicated to child exploitation
investigations to $333.2 million for FY2011. The request includes $328,000 for two forensic
examiners to support Indian country investigations. This increase would bring total funding for
the violent crime/gangs program to $224.5 million.
Cyber Program
On the national security side of the FBI’s mission, the FBI cyber program covers
counterterrorism- and counterintelligence-related computer intrusion investigations. On the crime
side, the program covers intellectual property rights, copyright infringements involving computer
software, credit/debit card fraud, identity theft, and child exploitation investigation related to the
criminal use of computers. The FBI underscored that terrorist groups, hostile foreign intelligence
services, and transnational criminal organizations are a grave threat to U.S. economic security.
Such groups have compromised computer networks; stolen classified, proprietary, and sensitive
information; manipulated critical data; and perpetuated fraud. To expand FBI investigative
capabilities related to computer intrusions, the FY2001 request includes a $45.9 million increase,
which would bring total funding for this program to $181.8 million for FY2011.
Operational Enablers
The FBI is relying increasingly on information technology specialists, analysts, scientists, and
other professional staff to support investigative personnel assigned to national security and crime-
fighting programs. The FY2011 request includes a $25.1 million increase to hire additional
professional staff, who would provide forensic support, intelligence collection and management,
and other support. This increase would bring total funding for operational enablers to $812.7
million for FY2011.
Drug Enforcement Administration (DEA)
The DEA is the only single-mission federal agency tasked with enforcing the nation’s controlled
substance laws in order to reduce the availability and abuse of illicit drugs and the diversion of
licit drugs for illicit purposes. DEA’s enforcement efforts include the disruption and dismantling
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of drug trafficking and money laundering organizations through drug interdiction and seizures of
illicit revenues and assets derived from these organizations. DEA continues to face evolving
challenges in limiting the supply of illicit drugs as well as reducing drug trafficking across the
Southwest border with Mexico into the United States. DEA continues to play a key role in the
Administration’s Southwest Border Initiative to counter drug-related border violence, focusing on
the convergent threats of illegal drugs, drug-related violence, and terrorism in the region.
For FY2011, the President’s budget request includes $2.13 billion for DEA. The requested
amount represents an increase of $110.4 million, or 5.5% more than FY2010-enacted
appropriations of almost $2.02 billion. The President’s FY2011 budget request for DEA includes
the following:
• $12.3 million to expand and reinforce DEA’s operations on the Southwest border
and in Mexico, of which $1.5 million would be for improving the technological
capacity of the El Paso Intelligence Center (EPIC), DEA’s national tactical
intelligence-sharing organization focusing on the Southwest border;
• $41.9 million to provide construction funding to expand and renovate the existing
EPIC facility, which currently houses employees from 22 federal, state and local
agencies;
• $33.5 million to address staffing shortfalls at DEA for the Diversion Control
Program’s enforcement and regulatory support;
• $5.2 million to expand and enhance DEA’s information-sharing capacity with the
intelligence community and other law enforcement agencies to strengthen DEA’s
efforts to reduce the supply of illegal drugs, protect national security, and combat
global terrorism; and
• $3.0 million to support the Prescription Drug Monitoring Program (PDMP)
initiative at the Office of National Drug Control Policy (ONDCP).
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. From FY2001 through FY2010, Congress has
increased the direct appropriation for the ATF, from $771 million to $1.121 billion, a 45.4%
increase.
The President’s FY2011 budget request includes $1.163 billion for ATF, an increase of $42.2
million, or 3.8%, compared with the FY2010-enacted appropriation. Proposed increases (over
base) include $11.8 million for Project Gunrunner28 and $1.2 million for Emergency Support
Function #13 (ESF 13), the Public Safety and Security Annex to the National Response
Framework (NRF).29 The NRF sets broad responsibilities and lines of authority for federal
28 For further information on Operation Gunrunner, see CRS Report R40733, Gun Trafficking and the Southwest
Border, by Vivian S. Chu and William J. Krouse.
29 For more information, see CRS Report RL34758, The National Response Framework: Overview and Possible Issues
(continued...)
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agencies in the event of a national emergency or major disaster. Under the NRF, the Attorney
General is responsible for ESF-13, which entails all hazards law enforcement planning and
coordination for the entire United States and its territories. The Attorney General, in turn, has
delegated his responsibility for ESF-13’s implementation to the ATF.
Federal Prison System (Bureau of Prisons)
The Bureau of Prisons (BOP) was established in 1930 to house federal inmates, to professionalize
the prison service, and to ensure consistent and centralized administration of the federal prison
system.30 The mission of BOP is to protect society by confining offenders in prisons and
community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and
that provide work and other self-improvement opportunities for inmates so that they can become
productive citizens after they are released.31 BOP currently operates 115 correctional facilities
across the country.32 BOP also contracts with Residential Re-entry Centers (RRC) (i.e., halfway
houses) to provide assistance to inmates nearing release.33 RRCs provide inmates with a
structured and supervised environment along with employment counseling, job placement
services, financial management assistance, and other programs and services.34
Congress funds BOP’s operations through two accounts under the Federal Prison System
heading: Salaries and Expenses (S&E) and Buildings and Facilities (B&F). The S&E account
(i.e., the operating budget) provides for the custody and care of federal inmates and for the daily
maintenance and operations of correctional facilities, regional offices, and BOP’s central office in
Washington, DC. It also provides funding for the incarceration of federal inmates in state, local,
and private facilities. The B&F account (i.e., the capital budget) provides funding for the
construction of new facilities and the modernization, repair, and expansion of existing facilities.
In addition to appropriations for the S&E and B&F accounts, Congress usually places a cap on
the amount of revenue generated by the Federal Prison Industries (FPI)35 that can be used for
administrative expenses in the annual CJS appropriations bill. Although Congress does not
appropriate funding for the administrative expenses of FPI, the administrative expenses cap is
scored as enacted budget authority.
For FY2011, the Administration has requested a total of $6.806 billion for BOP, which includes
$6.534 billion for the S&E account and $269.7 million for the B&F account. The FY2011 request
is $618.1 million above the FY2010-enacted amount of $6.188 billion, representing a proposed
increase of 10.0% for FY2011. The proposed amount for the S&E account is $447.5 million more
than the FY2010-enacted amount of $6.086 billion, and the proposed funding for the B&F
account is $170.6 million more than the FY2010-enacted amount of $99.2 million.
(...continued)
for Congress, by Bruce R. Lindsay.
30 U.S. Department of Justice, Bureau of Prisons, About the Bureau of Prisons, http://www.bop.gov/about/index.jsp.
31 U.S. Department of Justice, Bureau of Prisons, Mission and Vision of the Bureau of Prisons, http://www.bop.gov/
about/mission.jsp.
32 U.S. Department of Justice, Bureau of Prisons, About the Bureau of Prisons, http://www.bop.gov/about/index.jsp.
33 U.S. Department of Justice, Bureau of Prisons, Community Corrections, http://www.bop.gov/locations/cc/index.jsp.
34 Ibid.
35 For more information on FPI see CRS Report RL32380, Federal Prison Industries, by Nathan James.
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The growing federal prison population and prison crowding continue to be a major concern for
BOP. Over the past decade, the number of inmates held in BOP facilities grew from 125,560 in
2000 to 172,423 in 2009.36 During that same time period, prison crowding grew from 32% over
rated capacity to 37% over rated capacity, even though the number of facilities operated by BOP
increased from 97 to 115. The Administration has requested $66.9 million for the S&E account
and $170.0 million for the B&F account to acquire, renovate, and operate a high-security prison
in Thomson, IL. According to BOP, the Thomson prison would add up to 1,600 additional high-
security beds to the federal prison system.37 In addition, the facility has already been built, so
acquiring the facility would increase BOP’s capacity in a shorter period of time than constructing
a new facility. However, the facility in Thomson has also been identified as a facility that might
be used to house Guantanamo Bay detainees, should they be brought to the United States and
tried in civilian courts.38 One issue Congress might consider is whether to allow BOP to acquire
the Thomson prison if Congress chooses to prohibit DOJ from using any of its FY2011
appropriations to bring Guantanamo Bay detainees to the United States.39
Office on Violence Against Women (OVW)
The 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 Administration’s request for OVW for FY2011 is $438.0 million, which is $19.5 million, or
4.7%, more than the FY2010-enacted amount of $418.5 million.
Table 4. Funding for OVW Programs
(budget authority in millions of dollars)
FY2010
FY2011
House-
Senate-
FY2011
Program
Enacted
Request
Passed
passed
Enacted
STOP Grants
$210.0
$187.5
National Institute of Justice
(R&D) 3.0
—
Transitional Housing
Assistance 18.0
—
National Institute of Justice (R&D)
—
3.0
Transitional Housing Assistance
—
25.0
36 Data provided to CRS from the U.S. Department of Justice, Bureau of Prisons.
37 U.S. Department of Justice, Bureau of Prisons, FY2011 Performance Budget, Congressional Submission, Salaries
and Expenses, p. 72.
38 Keith Perine, “Budget Proposes $237 Million for Prison to House Guantánamo Detainees,” Congressional
Quarterly, February 1, 2010, CQ Today Online News-Budget.
39 Section 532 of the Consolidated Appropriations Act, 2010 (P.L. 111-117) placed restrictions on the use of funds for
releasing into the United States, the District of Columbia, or U.S. territories, any individual who was detained, as of
June 24, 2009, at the Guantánamo Bay detention facility.
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FY2010
FY2011
House-
Senate-
FY2011
Program
Enacted
Request
Passed
passed
Enacted
Grants to Encourage Arrest
Policies
60.0 47.5
Rural Domestic Violence
Assistance Grants
41.0
41.0
Violence on Col ege Campuses
9.5
9.5
Civil Legal Assistance
41.0
50.0
Sexual Assault Victims Services
15.0
30.0
Elder Abuse Grant Program
4.3
4.3
Safe Havens Project
14.0
14.0
Education and Training for
Disabled Female Victims
6.8
6.8
Court Training and Improvement
3.0
4.0
Services for Children/Youth
Exposed to Violence
3.0
3.0
Advocates for Youth/ Services for
Youth Victims
3.5
3.5
National Tribal Sex Offender
Registry 1.0
1.0
Engaging Men and Youth in
Prevention 3.0
3.0
National Resource Center on
Workplace Responses
1.0
1.0
Supporting Teens Through
Education and Protection
2.5
—
Research on Violence Against
Indian Women
—
3.0
National Clearinghouse for Issues
Related to Sexual Assault Against
Indian Women
— 0.5
Regional Summits on Violence
Against Women in Indian Country
—
0.5
Total: OVW
418.5
438.0
Source: FY2010-enacted amounts were taken from the House report to accompany the Consolidated
Appropriations Act, 2010 (P.L. 111-117, H.Rept. 111-366). FY2011-requested amounts were taken from U.S.
Department of Justice, FY2011 Congressional Budget Submission.
Notes: Amounts may not add to totals due to rounding.
Office of Justice Programs (OJP)
The 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.
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Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations
The Administration requests a total of $2.07 billion for OJP for FY2011. The FY2011 request
would be 9.4% less than the FY2010-enacted amount of $2.284 billion. Most of the funding
reductions come from proposed cuts to the State and Local Law Enforcement Assistance and
Juvenile Justice Programs accounts, along with the proposed elimination of the Weed and Seed
account.
Justice Assistance
The Justice Assistance account, among other things, funds the operations of the Bureau of Justice
Statistics and the National Institute of Justice, along with providing assistance to missing and
exploited children programs. For FY2011, the Administration requests a total of $224.3 million
for the Justice Assistance account—a proposed reduction of 4.6% compared with the FY2010-
enacted amount of $235.0 million.
Table 5. Funding for Justice Assistance Programs
(budget authority in millions of dollars)
FY2010
FY2011
House-
Senate-
FY2011
Program
Enacted
Request
Passed
passed
Enacted
Bureau of Justice Statistics
$60.0
$62.5
National Institute of Justice
48.0
70.8
Statewide Automated Victim
Notification
System
12.0
10.0
Regional Information Sharing
System
45.0
9.0
Missing and Exploited
Children
70.0
60.0
Prosecute and Prevent Hate
Crimes
—
6.0
State and Local Help Desk and
Diagnostic
Center
Program —
6.0
Total:
Justice
Assistance
235.0
224.3
Source: FY2010-enacted amounts were taken from the House report to accompany the Consolidated
Appropriations Act, 2010 (P.L. 111-117, H.Rept. 111-366). FY2011-requested amounts were taken from U.S.
Department of Justice, FY2011 Congressional Budget Submission.
Notes: Amounts may not add to totals due to rounding.
State and Local Law Enforcement Assistance
The State and Local Law Enforcement Assistance account includes funding for a variety of grant
programs to improve the functioning of state, local, and tribal criminal justice systems. Some
examples of programs that have traditionally been funded under this account include the Edward
Byrne Memorial Justice Assistance Grant (JAG) program, the Drug Courts program, and the State
Criminal Alien Assistance Program (SCAAP). The Administration’s request for this account for
FY2011 is $1.479 billion, or $56.3 million (3.7%) less than the FY2010-enacted amount of
$1.535 billion.
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Table 6. Funding for State and Local Law Enforcement Assistance Programs
(budget authority in millions of dollars)
FY2010
FY2011
House-
Senate-
FY2011
Program
Enacted
Request
Passed
passed
Enacted
Byrne Memorial Justice Assistance
Grants
$519.0 $519.0
Transfer to the National
Institute of Justice
5.0
5.0
State and Local Intelligence
Training 3.0
2.0
Byrne Discretionary Grants
185.3
—
Byrne Competitive Grants
40.0
30.0
State Criminal Justice Reform and
Recidivism Reduction
10.0
—
John R. Justice Grant Program
10.0
—
Tribal Assistance
50.0
—
Detention Facilities
10.0
—
Courts 25.0
—
Alcohol and Substance Abuse
12.0
—
Legal Assistance
3.0
—
State Criminal Alien Assistance
Program 330.0
330.0
Southwest Border Prosecutions
31.0
—
Northern Border Prosecutions
3.0
—
Victims of Trafficking Grants
12.5
10.0
Residential Substance Abuse
Treatment 30.0
30.0
Mental y Il Offenders Act
12.0
—
Drug Courts
45.0
—
Prescription Drug Monitoring
7.0
—
Prison Rape Prevention and
Prosecution 15.0
5.0
Justice for All—Capital Litigation/
Wrongful Conviction Review
5.5
5.5
Missing Alzheimer’s Patient Grants
2.0
—
Economic, High-tech and Cybercrime
Prevention 20.0
—
CASA-Special Advocates
15.0
10.0
Training for Judicial Personnel
2.5
2.5
Stalking Database
3.0
3.0
Research on Violence Against Indian
Women 1.0
—
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FY2010
FY2011
House-
Senate-
FY2011
Program
Enacted
Request
Passed
passed
Enacted
Training Program to Assist Probation
and Parole Officers
3.5 3.5
Closed Circuit Television Grants
1.0
—
Second Chance Act
100.0
100.0
Violent Gang and Gun Crime
Reduction 15.0
—
National Instant Criminal Background
Check System Grants
20.0
10.0
Criminal Records Upgrade
11.5
10.0
Paul Coverdell Forensic Science
Grants 35.0
30.0
Drug, Mental Health, and Problem-
solving Courts
—
57.0
Initiative to Support Evidence-based
Policing —
10.0
Assistance to Improve the
Functioning of the Criminal Justice
System
— 5.0
Justice Information Sharing and
Technology Program
—
15.0
Adam Walsh Act
—
20.0
Improve State, Local, and Tribal
Probation Supervision Efforts
—
10.0
Programs for Children Exposed to
Violence —
37.0
Byrne Criminal Justice Innovation
Program —
40.0
DNA-related and Forensic Programs
—
150.0
Sex Offender Management Assistance
—
5.0
Bul et-proof Vests Grant Program
—
30.0
National Sex Offender Public
Website —
1.0
Total: State and Local Law
Enforcement 1,534.8
1,478.5
Source: FY2010-enacted amounts were taken from the House report to accompany the Consolidated
Appropriations Act, 2010 (P.L. 111-117, H.Rept. 111-366). FY2011-requested amounts were taken from U.S.
Department of Justice, FY2011 Congressional Budget Submission.
Notes: Amounts may not add to totals due to rounding.
One issue Congress might consider is whether it should—in light of a growing state prison
population—increase funding for grants for alternatives to incarceration (e.g., drug and mental
health courts) and recidivism reduction (e.g., the Residential Substance Abuse Treatment (RSAT)
program and programs authorized by the Second Chance Act of 2007 (P.L. 110-199)). The Bureau
of Justice Statistics (BJS) reports that the state prison population increased from approximately
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1.3 million in 2000 to approximately 1.5 million in 2008.40 In addition, BJS reported that prison
populations in 17 states exceed the state’s highest measured capacity and prisons in 19 other
states are operating between 90% and 100% of their highest measured capacity.41 Increased use of
drug and mental health courts may help alleviate prison crowding by diverting low-level
offenders from prison while still holding them accountable for their crimes. The RSAT program
and the programs authorized by the Second Chance Act could also assist states with decreasing
their prison populations by helping reduce recidivism. For FY2011, the Administration has
requested $100.0 million for programs authorized by the Second Chance Act, $30.0 million for
the RSAT program, and $57.0 million for drug, mental health, and problem-solving courts.
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” 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 Administration did not
request any funding for the Weed and Seed program for FY2011. FY2010-enacted funding for
Weed and Seed was $20.0 million.
As Congress considers funding for OJP for FY2011, it might consider whether to accept the
Administration’s request to end funding for the Weed and Seed Program. According to the
Administration, even though it is not requesting funding for Weed and Seed for FY2011, it
requests $40.0 million for a new Byrne Criminal Justice Innovation Program under the State and
Local Law Enforcement Assistance account. The proposed program would replace and build on
concepts employed by the Weed and Seed program.42 In many ways, the proposed program is
similar to what the Weed and Seed Program currently does. The proposed program will,
according to the Administration, encourage “communities to develop and implement innovative
public safety initiatives using evidence-based program strategies in order to develop new
programs that can be replicated in other locations.”43 The program would build upon OJP’s
“current infrastructure which supports communities that combine law enforcement, community
policing, prevention, intervention, and treatment, and neighborhood restoration.”44 According to
the Administration, the proposed program would be part of a larger federal government-wide
initiative on neighborhood revitalization to be coordinated with the Department of Housing and
Urban Development and other agencies.45 However, the proposed program, unlike Weed and
Seed, is not authorized by law; hence, if Congress appropriates funding for the program, the
40 William J. Sabol , Heather C. West, and Matthew Cooper, Prisoners in 2008, U.S. Department of Justice, Office of
Justice Programs, Bureau of Justice Statistics, NCJ 228417, Washington , DC, December 2009, p. 5,
http://bjs.ojp.usdoj.gov/content/pub/pdf/p08.pdf.
41 Ibid., pp. 44-45.
42 U.S. Department of Justice, Office of Justice Programs, FY2011 Performance Budget, p. 102.
43 Ibid., p. 223.
44 Ibid.
45 Ibid.
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Administration would have more control over the scope of the program because there is no
legislation governing the administration of the program.46
Juvenile Justice Programs
The Juvenile Justice Programs account includes funding for grant programs to reduce juvenile
delinquency and help state, local, and tribal governments improve the functioning of their
juvenile justice systems. For FY2011, the Administration request includes $289.8 million for this
account, almost $133.8 million, or 31.6%, less than the $423.6 million appropriated for the
Juvenile Justice Programs account for FY2010.
Table 7. Funding for Juvenile Justice Programs
(budget authority in millions of dollars)
FY2010
FY2011
House-
Senate-
FY2011
Program
Enacted
Request
Passed
passed
Enacted
Part B—State Formula
$75.0
$72.0
Part E—Demonstration
Projects
91.1 —
Youth Mentoring Grants
100.0
45.0
Title V—Incentive Grants
65.0
62.0
Tribal Youth
25.0
—
Gang Prevention
10.0
—
Alcohol Use Prevention
25.0
—
Incentive Grants
5.0
—
Investigation and Prosecution of
Child Abuse Programs
22.5 20.0
Juvenile Accountability Block
Grants
55.0 40.0
Community-based Violence
Prevention Initiative
10.0 25.0
Safe Start
5.0
—
Juvenile Delinquency Court
Improvement Program
— 13.0
Disproportionate Minority
Contact Evaluation and
Program
— 0.8
Gang and Youth Violence
Prevention and Intervention
— 12.0
Total: Juvenile Justice
Programs
423.6 289.8
Source: FY2010-enacted amounts were taken from the House report to accompany the Consolidated
Appropriations Act, 2010 (P.L. 111-117, H.Rept. 111-366). FY2011-requested amounts were taken from U.S.
Department of Justice, FY2011 Congressional Budget Submission.
Notes: Amounts may not add to totals due to rounding.
46 Weed and Seed is codified at 42 U.S.C. §3712a.
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Public Safety Officers Benefits Program (PSOB)
The PSOB program provides three different types of benefits to public safety officers and their
survivors: death, disability, and education. 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. The Administration
requests $77.3 million for PSOB for FY2011, an increase of $7.2 million, or 10.3%, compared
with the FY2010-enacted amount of $70.1 million.
Community Oriented Policing Services (COPS)
The COPS Office awards grants to state, local and tribal law enforcement agencies throughout the
United States so they can hire and train law enforcement officers to participate in community
policing, purchase and deploy new crime-fighting technologies, and develop and test new and
innovative policing strategies. Some examples of grant programs traditionally funded under this
account include the Law Enforcement Technology grant program, the Methamphetamine Hot-
spots Initiative, and grants to reduce the DNA backlog.
The FY2011 requested funding for COPS is $690.0 million. The FY2011-requested amount
would be $101.6 million (12.8%) less than the $791.6 million Congress appropriated for COPS
for FY2010.
Table 8. Funding for Community Oriented Policing Services Programs
(budget authority in millions of dollars)
FY2010
FY2011
House-
Senate-
FY2011
Program
Enacted
Request
Passed
passed
Enacted
COPS Hiring Program
$298.0
$600.0
COPS Technology and
Interoperability 170.2
—
Transfer to the National
Institute of Standards and
Technology
1.5 —
Meth Hot Spots
40.4
—
Transfer to the Drug
Enforcement Administration
10.0
—
Tribal Meth Enforcement
Grants 5.0
—
Tribal Law Enforcement
40.0
25.0
Bul et-proof Vests Grant Program
30.0
—
Transfer to the National
Institute of Standards and
Technology
1.5 —
DNA Backlog Reduction
161.0
—
Debbie Smith DNA Backlog
Grants 151.0
—
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FY2010
FY2011
House-
Senate-
FY2011
Program
Enacted
Request
Passed
passed
Enacted
Post-conviction DNA Testing
Grants
5.0 —
Sexual Assault Nurse Examiners
5.0
—
Child Sexual Predator Elimination/
Sex Offender Management
24.0
18.0
Sex Offender Management
11.0
—
National Sex Offender Public
Website 1.0
—
Secure Our Schools Act
16.0
14.0
Community Policing Development
12.0
18.0
Police Integrity Initiative
—
15.0
Total: Community Oriented
Policing Services
791.6
690.0
Source: FY2010-enacted amounts were taken from the House report to accompany the Consolidated
Appropriations Act, 2010 (P.L. 111-117, H.Rept. 111-366). FY2011-requested amounts were taken from U.S.
Department of Justice, FY2011 Congressional Budget Submission.
Notes: Amounts may not add to totals due to rounding.
Salaries and Expenses for OVW, OJP, and COPS
This account provides for the salaries and expenses of OVW, OJP, and COPS. This account was
funded for the first time in FY2009. Congress established a Salaries and Expenses account for
OVW, OJP, and COPS to “achieve greater transparency, efficiency and accountability in the
management, administration and oversight of the Justice Department grant programs.”47
The Administration’s requested funding for this account for FY2011 is $279.4 million. The
FY2011 request would represent a proposed 31.0% increase when compared to the FY2010-
enacted amount of $213.4 million.
Science Agencies48
The Science Agencies fund and otherwise support research and development (R&D) and related
activities across a wide variety of federal missions, including national competitiveness, climate
change, energy and the environment, and fundamental discovery.
For FY2011, the Administration has requested a total of $26.431 billion for the Science Agencies.
The FY2011 request includes $7.0 million for the Office of Science and Technology Policy, $19.0
billion for the National Aeronautics and Space Administration, and $7.424 billion for the National
47 U.S. Congress, House Committee on Appropriations, Omnibus Appropriations Act, 2009, committee print, 111th
Cong., 1st sess., March 2009, Book 1 of 2 – Divisions A-E (Washington: GPO, 2009), p. 342.
48 This section was coordinated by John. F. Sargent, CRS Resources, Science, and Industry Section.
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Science Foundation. The FY2011 requested funding for the Science Agencies would be 3.0%
greater than the FY2010 enacted amount of $25.658 billion.
Table 9. Funding for Science Agencies
(budget authority in millions of dollars)
FY2010
FY2011
House-
Senate-
FY2011
Accounts
Enacted
Request
Passed
Passed
Enacted
Office of Science and
Technology Policy (OSTP)
$7.0
$7.0
National Aeronautics and
Space Administration
(NASA)
18,724.3
19,000.0
National Science Foundation
(NSF) 6,926.5a
7,424.4
Total:
Science
Agencies
25,657.8
$26,431.4
Source: FY2010-enacted amounts were taken from the House report to accompany the Consolidated
Appropriations Act, 2010 (H.R. 3288, H.Rept. 111-366). The FY2011-requested amount for OSTP was taken
from FY2011 Executive Office of the President congressional budget justification; the FY2011-requested amount
for NASA was taken from NASA congressional budget justification; and the FY2011-requested amount for NSF
was taken from FY2011 NSF congressional budget justification.
Notes: Amounts may not add to totals due to rounding.
a. The FY2010 enacted amount of $6.927 billion includes a one-time appropriation transfer of $54.0 million to
U.S. Coast Guard per P.L. 111-117.
Office of Science and Technology Policy (OSTP)49
Congress established the Office of Science and Technology Policy (OSTP) through the National
Science and Technology Policy, Organization, and Priorities Act of 1976 (P.L. 94-282). The act
states that “the primary function of the OSTP director is to provide, within the Executive Office
of the President, advice on the scientific, engineering, and technological aspects of issues that
require attention at the highest level of Government.” The OSTP director, often referred to
informally as the President’s science advisor, also manages the National Science and Technology
Council (NSTC),50 which coordinates science and technology policy across the federal
government, and co-chairs the President’s Council of Advisors on Science and Technology
(PCAST), 51 a council of external advisors that provides advice to the President on matters related
to science and technology policy.
OSTP is one of two offices in the Executive Office of the President (EOP) that is funded in the
CJS appropriations bill.52 OSTP’s FY2010 budget is $7.0 million. An additional $3.0 million was
provided through the National Science Foundation appropriation for the Science and Technology
49 This section was prepared by Dana A. Shea, Specialist in Science and Technology Policy, Resources, Science, and
Industry Division.
50 The National Science and Technology Council was established by Executive Order 12881.
51 The President’s Council of Advisors on Science and Technology was established by Executive Order 13226.
52 The other EOP office funded under the CJS appropriations bill is the Office of the United States Trade
Representative.
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Policy Institute (STPI), a federally funded research and development center that supports OSTP.
For FY2011, the Administration has requested $7.0 million, $10 thousand (0.01%) below its
FY2010 level.53 The request would support four Senate-confirmed associate directors,54
reportedly reflecting a commitment to operate more efficiently and cost-effectively. Also,
according to OSTP Director Holdren, the request reflects the President’s continuing recognition
of the importance and diversity of OSTP’s functions in keeping “science in its rightful place” in
his Administration.55 The NSF again requested FY2011 funding for STPI ($3.0 million, no
change from FY2010).
National Aeronautics and Space Administration (NASA)56
The National Aeronautics and Space Administration (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.
The Administration has requested $19.000 billion for NASA for FY2011, a 1.5% increase over
the FY2010 appropriation. See Table 10 for a breakdown of this amount by appropriations
account.
For several years, budget priorities throughout NASA have been driven by the Vision for Space
Exploration. The Vision was announced by President Bush in January 2004 and endorsed by
Congress in the NASA Authorization Act of 2005 (P.L. 109-155) and the NASA Authorization
Act of 2008 (P.L. 110-422). Under the Vision, NASA’s primary goal is to return humans to the
Moon by 2020. In 2009, the Augustine committee conducted an independent review of NASA’s
human spaceflight activities.57 The committee found that the program outlined by the Vision
would require additional NASA funding of $3 billion per year, even if a return to the Moon were
delayed by a few years. The Administration’s budget for FY2011 would cancel the Moon
program. Under the Administration proposal, NASA’s eventual goal would be human exploration
of Mars, but in the near term the International Space Station would be the only destination for
human spaceflight that would have a specific schedule. Long-term technology development
would receive increased emphasis.
The requested $5.006 billion for Science in FY2011 would be an 11.4% increase over FY2010.
The largest increase would be for Earth Science. The request includes $171 million to fund a
53 The difference between the FY2011 request and the prior year level is smaller than the rounding error.
54 The associate director for technology, Aneesh P. Chopra, also currently serves as Chief Technology Officer and
Assistant to the President. For more information, see CRS Report R40150, A Federal Chief Technology Officer in the
Obama Administration: Options and Issues for Consideration, by John F. Sargent Jr.
55 Testimony of OSTP Director John Holdren, in U.S. Congress, House Committee on Appropriations, Subcommittee
on Commerce, Justice, Science, and Related Agencies, Research and Development in the President’s Fiscal Year 2011
Budget, 111th Cong., 2nd sess., February 24, 2010, at http://appropriations.house.gov/Witness_testimony/CJS/
John_Holdren-2-24-10.pdf.
56 This section was prepared by Daniel Morgan, Specialist in Science and Technology Policy, Resources, Science, and
Industry Division.
57 Review of U.S. Human Spaceflight Plans Committee, Seeking a Human Spaceflight Program Worthy of a Great
Nation, October 2009, http://www.nasa.gov/pdf/396093main_HSF_Cmte_FinalReport.pdf. The committee that
developed this report is known as the Augustine committee after its chairman, Norman Augustine.
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replacement for the Orbital Carbon Observatory (OCO), which was launched in February 2009
but failed to reach orbit, and $150 million as the first year of a five-year, $2.1 billion global
climate initiative. The climate initiative and other increases would accelerate the development and
launch of several Earth Science missions recommended in 2007 by a National Academies decadal
survey.58 The Administration request would also provide increased funding for Planetary Science
and Heliophysics.
The request for Aeronautics is $579.6 million, an increase of 14.3% from FY2010. A new Space
Technology program in the same account would receive $572.2 million. The new program’s focus
would be technologies that are applicable to multiple missions in the long term, as opposed to
components needed for specific systems in the short term. It would seek to advance technologies
from the point of early-stage innovation to the demonstration of flight readiness.
The request for Exploration in FY2011 is $4.263 billion, a 12.8% increase over FY2010. The
activities funded by this account would change significantly under the Administration’s proposal.
The bulk of the account currently funds the Constellation Systems program, which is developing
the Orion crew vehicle and the Ares I rocket for carrying humans into low Earth orbit, as well as
the heavy-lift Ares V rocket, the Altair lunar lander, and lunar surface systems for the planned
Moon mission. The Administration budget for FY2011 would eliminate Constellation Systems.
Instead of developing Orion and Ares I, the Administration would provide $812.0 million to spur
development of commercial crew transport services to low-Earth orbit. Instead of developing
Ares V and the lunar systems, it would provide $1.551 billion for robotic precursor missions and
technology R&D to enable future human exploration.
The FY2010 appropriations act prohibits NASA from using FY2010 or prior-year funds to
terminate or eliminate “any program, project, or activity of the architecture for the Constellation
program” or to create or initiate any new program, project, or activity.59 Some analysts and policy
makers have expressed concern that NASA contracting decisions and other actions during
FY2010 may be in violation of the appropriations provision.60 NASA officials reply that they are
continuing the Constellation program during FY2010 in full compliance with the law, even
though they intend to terminate the program in FY2011.
The FY2011 request of $4.888 billion for Space Operations, which funds the space shuttle, the
International Space Station (ISS), and the Space and Flight Support program, is a 20.9% decrease.
The Space Shuttle program would receive $989.1 million, down from $3.139 billion in FY2010,
as the program approaches its planned termination at the end of calendar year 2010. Many policy
makers remain concerned about the gap in U.S. human access to space between the end of the
shuttle program and the first availability of a successor, whether the successor is the Orion-
Ares system of the current program or the commercial crew transport services proposed by the
Administration. The requested funding for the ISS is $2.780 billion, a 20.0% increase. The
Administration’s budget would extend ISS operations from 2015 to at least 2020. Increased ISS
funding would provide for greater utilization of existing facilities, in part by paying the launch
58 National Research Council, Earth Science and Applications from Space: National Imperatives for the Next Decade
and Beyond, 2007, http://www.nap.edu/catalog/11820.html.
59 P.L. 111-117, Division B, Title III.
60 See, for example, the letter from 27 Members of Congress to NASA Administrator Charles Bolden, February 12,
2010, at http://www.posey.house.gov/UploadedFiles/LetterToBolden-CancellingConstellation-Feb15-2010.pdf.
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costs of non-NASA users of the ISS national laboratory. The first commercial cargo flights to
resupply the ISS are scheduled for FY2011.
Table 10. Funding for NASA
(budget authority in millions of dollars)
FY2010
FY2011
House-
Senate-
FY2011
Accounts
Enacted
Request
Passed
Passed
Enacted
Science $4,469.0
$5,005.6
Aeronautics and Space
Research and Technology
501.0 1,151.8
Exploration 3,746.3
4,263.4
Space Operations
6,146.8
4,887.8
Education 182.5
145.8
Cross-Agency Support
3,194.0
3,111.4
Construction and
Environmental Compliance
and Restoration
448.3 397.3
Inspector General
36.4 37.0
Total: NASA
18,724.3 19,000.0
Source: FY2010-enacted and FY2011-requested amounts for NASA were taken from NASA congressional
budget justification.
Notes: Numbers may not add to totals due to rounding.
National Science Foundation (NSF)61
The FY2011 request for the National Science Foundation (NSF) is $7.424 billion,62 a 7.2%
increase ($497.9 million) over the FY2010 appropriation of $6.927 billion. Under President
Obama’s National Innovation Strategy for science,63 the Administration proposed doubling the
federal investment in three basic research agencies (NSF, Department of Energy Office of
Science, and NIST) over a period of 10 years relative to the FY2006 level. The National
Innovation Strategy for science will provide added support and focus on high-risk, high-return
research; on multidisciplinary research; and on scientists and engineers at the beginning of their
careers. The FY2011 request for NSF is intended to be an installment toward the doubling effort
of the Administration and is structured to build on the scientific investments funded by the 2009
Omnibus Appropriations Act and the American Recovery and Reinvestment Act of 2009
(ARRA). NSF obligated approximately 80.0% ($2.4 billion) of its ARRA funding in FY2009,
61 This section was prepared by Christine M. Matthews, Specialist in Science and Technology Policy, Resources,
Science, and Industry Division.
62 The FY2010 enacted amount of $6.927 billion includes a one-time appropriation transfer of $54.0 million to U.S.
Coast Guard per P.L. 111-117.
63 “A Strategy for American Innovation: Driving Towards Sustainable Growth and Quality Jobs,” Office of Science
and Technology Policy, National Economic Council, Executive Office of the President, September 2009,
http://www.whitehouse.gov/assets/documents/Sept_20_Innovation_whitepaper_FINAL.pdf.
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making 4,599 awards and supporting 6,762 investigators/co-investigators. Of those investigators
receiving ARRA funds, approximately 35.0% had never before received NSF support.
NSF identified several strategies in the FY2011 budget request, including expanding the scientific
workforce and broadening participation from underrepresented groups and geographical regions;
increasing three-fold the number of new Graduate Research Fellowships awarded annually;
expanding and enhancing international partnerships and interagency collaborations; performing
effectively with the highest standards of accountability; and maintaining a portfolio of basic,
high-risk, and transformative research across all disciplines. The NSF Director has described
transformative research as “a range of endeavors, which promise extraordinary outcomes; such
as, revolutionizing entire disciplines, creating entirely new fields, or disrupting accepted theories
and perspectives.”64 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.
The FY2011 strategies for NSF parallel some of the goals contained in the Administration’s
National Innovation Strategy and are designed to promote research that will drive innovation;
support the design and development of world-class facilities, instrumentation, and infrastructure;
and maintain an internationally competitive workforce.
Included in the FY2011 request is $6.019 billion for Research and Related Activities (R&RA), an
increase of $454.9 million (8.2%) above the FY2010 estimate of $5.564 billion. R&RA funds
research projects, research facilities, and education and training activities. Some in the scientific
and academic communities have voiced concerns about the imbalance between support for the
life sciences and the physical sciences. Research can be multidisciplinary and transformational,
and often discoveries in the physical sciences lead to advances in other disciplines.
The America COMPETES Act (P.L. 110-69) authorized increased federal research support in the
physical sciences, mathematics, and engineering. The FY2011 request provides $1.410 billion for
the Mathematical and Physical Sciences (MPS) Directorate, a 4.3% increase over the FY2010
level. The MPS portfolio supports investments in fundamental research, facilities, and
instruments, and provides approximately half of federal funding for basic research in mathematics
and physical sciences conducted at colleges and universities, ranging from approximately 60% in
mathematics to 35% in physics.
R&RA includes Integrative Activities (IA), a cross-disciplinary research and education program
that is also a source of funding for the acquisition and development of research instrumentation at
institutions. The FY2011 request provides $296.0 million for IA. The IA also funds Partnerships
for Innovation, disaster research teams, and the Science and Technology Policy Institute. In
FY2008, support for the Experimental Program to Stimulate Competitive Research (EPSCoR)
was transferred from the Education and Human Resources Directorate (EHR) to IA. EPSCoR is a
university-oriented program with the goal of identifying, developing, and utilizing the academic
science and technology resources in a state that will lead to increased R&D competitiveness.
NSF’s FY2011 request for EPSCoR is $154.4 million. The FY2011 request supports a portfolio of
three complementary strategies—research infrastructure ($111.9 million), co-funding ($41.0
million), and outreach ($1.5 million)—for the 27 EPSCoR jurisdictions. The NSF states that
64 Bement, Jr., Arden L., Director, National Science Foundation, “Transformative Research: The Artistry and Alchemy
of the 21st Century,” remarks, Texas Academy of Medicine, Engineering and Science Fourth Annual Conference,
Austin, Texas, January 4, 2007. http://www.nsf.gov/news/speeches/bement/07/alb070104_texas.jsp.
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approximately 65% of EPSCoR funding would be used for new research awards; the balance of
funds would be used to support previously awarded grants.65
The Office of Polar Programs (OPP) is funded under the R&RA account. The OPP is the primary
source of U.S. support for basic research in polar regions. The NSF also serves in a leadership
capacity for several international research partnerships in the Arctic and Antarctic. Research in
the Arctic and Antarctic explores the various aspects of the global earth system that affect the
global environment and climate. The FY2011 request for polar research is $528.0 million, a
17.0% increase over the FY2010 estimate. Increases in OPP in FY2011 are 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. Priorities of the OPP in FY2011 include
support for national energy goals, support for transformative research, resupply improvements at
the research stations, and management and oversight of the environmental, health, and safety
aspects of research operations conducted in polar regions. The FY2011 request provides $54.0
million for the operation and maintenance of two icebreakers—the Polar Sea and the Healy—and
includes significant funding for a triennial dry dock for each vessel.
NSF supports several interagency R&D priorities in its FY2011 request. It is a supporter of the
National Nanotechnology Initiative (NNI), requesting $401.3 million for nanotechnology
research. Funding would support research in emerging areas of nanoscale science and technology
that could lead to new drug delivery systems, advanced materials, and more powerful computer
chips. This funding includes $33.0 million for research related to potential environmental, health,
and safety effects of nanotechnology, and $32.2 million for nanomanufacturing. NSF’s other
interagency priorities in its FY2011 request include funding for the U.S. Global Change Research
Program ($369.9 million), Homeland Security Activities ($405.4 million), and Networking and
Information Technology R&D ($1.170 billion).
The FY2011 request for the EHR Directorate is $892.0 million, $19.2 million (2.2%) above the
FY2010 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 of underrepresented groups in all
scientific fields. Support at the various educational levels in the FY2011 request is as follows:
research on learning in formal and informal settings (including precollege), $247.9 million;
undergraduate education, $290.0 million; and graduate education, $185.3 million. Priorities at the
precollege level include research and evaluation on education in science and engineering ($45.7
million), informal science education ($64.4 million), project and program evaluation ($19.0
million), and Discovery Research K-12 ($118.7 million). Discovery Research is structured to
combine the strengths of three existing programs and encourage innovative thinking in K-12
science, technology, engineering, and mathematics (STEM) education.
According to NSF, its undergraduate level programs are designed to address the needs of the 21st
century while transforming undergraduate science and mathematics education. Priorities at the
undergraduate level include the Robert Noyce Scholarship Program ($55.0 million); Curriculum,
Laboratory and Instructional Development ($61.0 million); Advanced Technological Education
($64.0 million); and the Math and Science Partnership program (MSP, $58.2 million). The MSP is
an interagency program, and the NSF coordinates its MSP activities with the Department of
65 For additional information see CRS Report RL30930, U.S. National Science Foundation: Experimental Program to
Stimulate Competitive Research (EPSCoR), by Christine M. Matthews.
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Education and state-funded MSP sites. At the graduate level, NSF’s priorities are the Integrative
Graduate Education and Research Traineeship (IGERT) program ($29.5 million),66 Graduate
Research Fellowships ($107.9 million), and the Graduate STEM Fellows in K-12 Education
($48.2 million).
An additional EHR priority is support for a new comprehensive program to increase the
participation of undergraduates at Historically Black Colleges and Universities, Tribal colleges
and universities, and Hispanic-serving institutions. This new program, Comprehensive
Broadening Participation of Undergraduates in STEM, will build on and realign the existing NSF
programs directed at strengthening and expanding the participation of underrepresented groups
and diverse institutions in the scientific and engineering enterprise. The FY2011 request includes
$103.1 million for this program.
The Major Research Equipment and Facilities Construction (MREFC) account is funded at
$165.2 million in the FY2011 request, a 40.5% increase above the FY2010 estimate. The MREFC
supports the acquisition and construction of major research facilities and equipment that support
research intended to extend the boundaries of science, engineering, and technology. According to
NSF, it is the primary federal agency providing support for forefront instrumentation and facilities
for the academic research and education communities. NSF gives highest priority to ongoing
projects, and second highest priority to projects that have been approved by the National Science
Board for new starts. To qualify for support, NSF requires MREFC projects to have “the potential
to shift the paradigm in scientific understanding and/or infrastructure technology.”67 In FY2011,
NSF anticipates construction of the National Ecological Observatory Network (NEON) at a cost
of $20.0 million. The NEON will compile data on the effects of climate changes, land use
changes, invasive species on natural resources, and biodiversity. The data from NEON is intended
to have local, regional, and national uses. In addition to the support of NEON, NSF will continue
its support of four ongoing construction projects: Advanced Laser Interferometer Gravitational
Wave Observatory ($23.6 million); Atacama Large Millimeter Array ($13.9 million); Advanced
Technology Star Telescope ($17.0 million); and the Ocean Observatories Initiative ($90.7
million).
There has been considerable debate in the academic and scientific communities and in Congress
about the management and oversight of major projects selected for construction and the need for
prioritization of potential projects funded in the MREFC account. One continuing question has
focused on the process for including major projects in the upcoming budget cycle. In a
management report on major projects, NSF contends that because of the changing nature of
science and technology, it is necessary to have the flexibility of reconsidering facilities at the
various stages of development.68 In addition, NSF asserts that it must be able to respond
effectively to possible changes in interagency participation, international and cooperative
agreements, or co-funding for major facilities. NSF maintains that while some “concepts” may
evolve into major research projects, others may prove infeasible for project support.
Several pieces of legislation to strengthen science and mathematics education to enhance U.S.
competitiveness have been introduced in the 111th Congress. There are concerns about the
nation’s continued ability to compete in world markets and to produce a scientific and technical
66 NSF’s FY2011 request includes an additional $32.3 million for IGERT in the R&RA account.
67 National Science Foundation: FY2011 Budget Request to Congress, February 1, 2010.
68 See, for example, National Science Foundation, Large Facilities Manual, NSF10-4, September 2009, 66 pp.
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workforce that would ensure economic prosperity and military capability. A priority of the NSF is
to advance the productivity of research for students and teachers and to increase the number of
U.S. students pursuing degrees in scientific and technical disciplines. However, the FY2011
request proposes reductions for some science education programs. Support for EHR has declined
from $944.1 million in FY2004 to $892.0 million in the FY2011 budget request. Questions have
been raised as to whether the NSF can effectively continue in its explicit mission and
responsibility to improve science and mathematics education at this level of funding.
Related Agencies
For FY2011, the Administration has requested a total of $973.4 million for related agencies. The
FY2011 request is $38.6 million, or 4.1%, greater than the FY2010-enacted amount of $934.8
million. The proposed $38.6 million increase is largely due to proposed increases in funding for
the Equal Employment Opportunity Commission and the Legal Services Corporation.
Table 11. Funding for Related Agencies
(budget authority in millions of dollars)
Commission, Office, or
FY2010
FY2011
House-
Senate-
FY2011
Corporation
Enacted
Request
Passed
Passed
Enacted
U.S. Commission on Civil Rights
$9.4
$9.4
Equal Employment Opportunity
Commission
367.3
385.3
International
Trade
Commission 81.9
87.0
Legal Services Corporation
420.0
435.0
Marine Mammal Commission
3.3
3.0
Office of the U.S. Trade
Representative
47.8 48.3
State Justice Institute
5.1
5.4
Total:
Related
Agencies
934.8
973.4
Source: FY2010-enacted amounts were taken from the House report to accompany the Consolidated
Appropriations Act, 2010 (P.L. 111-117, H.Rept. 111-366). FY2011-requested amounts were taken from U.S.
Office of Management and Budget, Budget of the U.S. Government, Fiscal Year 2011, Appendix.
Notes: Amounts may not add to totals due to rounding.
Commission on Civil Rights69
Established by the Civil Rights Act of 1957, the U.S. Commission on Civil Rights (the
Commission)
• investigates allegations of citizens who may have been denied the right to vote
based on color, race, religion, or national origin;
69 This section was written by Garrine P. Laney, Analyst in Social Legislation, Domestic Social Policy Division.
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• studies and gathers information on legal developments constituting a denial of
the equal protection of the laws;
• assesses the 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 requested funding for the Commission on Civil Rights for FY2011 is $9.4 million, the same
amount as the Commission’s FY2010 appropriation.
Equal Employment Opportunity Commission (EEOC)70
The EEOC enforces several laws that ban employment discrimination based on race, color,
national origin, sex, age, or disability. In the past few years, appropriators were particularly
concerned about the agency’s implementation of a restructuring plan, initiated in 2005, that
included the creation of the National Contact Center (NCC), realignment of field structure and
staff, and restructuring of headquarters operations. In response to congressional concerns about
call intake practices, the EEOC transitioned to an in-house call center (see below).
The President’s FY2011 budget request for the EEOC is $385.3 million, which is $18 million
(4.9%) more than the FY2010-enacted level of $367.3 million. Out of the $385.3 million, up to
$30.0 million is requested 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 is the same amount the agency estimates will be paid to these groups for FY2010.
The pending inventory of private sector cases filed with the EEOC is projected to rise from
75,743 at the end of FY2009, to 96,685 in FY2011—a 28% increase.71 According to the
Commission, the forecasted growth partly reflects the transition from a contractor-operated to an
in-house call center, which allows the public to begin the charge process online. In addition, the
EEOC attributes the anticipated increase to case filings arising under recently enacted legislation
such as Title II of the Genetic Information Nondiscrimination Act (GINA), which became
effective in November 2009; the Lilly Ledbetter Fair Pay Act of 2009; and amendments to the
Americans with Disabilities Act (ADA), which became effective in January 2009.72
The FY2011 request for 188 new hires, such as investigators, mediators, attorneys, and support
staff, is intended not only to address the expected increase in the agency’s private sector charge
backlog but also to promote enforcement of the Commission’s focus on systemic discrimination
cases. The EEOC began the systemic initiative in April 2006. The goal of the initiative is to
strengthen and update the Commission’s nationwide approach to systemic cases (i.e., a pattern or
practice, policy, and/or class in which discrimination has a broad effect on an industry,
occupation, company, or geographic location). As part of the initiative plan, the Chicago office
piloted a project in FY2009 called Caseworks that integrates remote access technology with
70 This section was prepared by Abigail Rudman, Information Research Specialist, Knowledge Services Group, and
Linda Levine, Specialist in Labor Economics, Domestic Social Policy Division.
71 FY2011 Equal Employment Opportunity Commission, Congressional Budget Justification, Table 4. Private Sector
Enforcement Program Workload, http://www.eeoc.gov/eeoc/plan/2011budget.cfm#Ch1
72 For more information, see CRS Report RL33386, Federal Civil Rights Statutes: A Primer, by Jody Feder.
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litigation-support software; this allows investigators to collaborate and work from multiple
offices and reduces inefficiencies. The Caseworks pilot is expected to be expanded and fully
implemented in FY2010.
The EEOC federal sector hearings workload is estimated to increase from 6,617 pending hearings
in FY2009 to 7,398 in FY2011, a 12% increase. The Commission is implementing three
initiatives to support the federal sector program. The proposed Three Track Case Processing
System is meant to help administrative law judges process, manage, and track cases to increase
the number of cases they hear. The “Continuation and Expansion of the Hearings Electronic Case
Processing System” (HECAPS) pilot, currently being tested in five hearing units, would allow
field offices to coordinate with the EEOC Office of Information Technology through an electronic
complaint system. Lastly, HotDocs Software, a commercial document assembly software
package, is being tested by a workgroup to develop and order templates for processing cases more
efficiently.
U.S. International Trade Commission (ITC)73
The ITC is an independent, quasi-judicial agency established by Congress that advises the
President and Congress on U.S. foreign economic policies. The mission of ITC can be
categorized into three separate functions: (1) administering U.S. trade remedy laws within its
mandate in a fair and objective manner; (2) providing the President, the U.S. Trade
Representative, and Congress with independent analysis, information, and support on matters of
tariffs and international trade and competitiveness; and (3) maintaining the Harmonized Tariff
Schedule of the United States.74 As a matter of policy, its budget request is submitted to Congress
by the President without revision.
The FY2011 budget request for ITC is $87.0 million, a $5.1 million (6.2%) increase from the
FY2010-enacted amount of $81.9 million. The budget request states that the requested increase in
the budget is driven largely by increases in salaries, benefits, and rent costs.
Legal Services Corporation (LSC)75
The LSC is a private, nonprofit, federally funded corporation that provides grants to local offices
that, in turn, provide legal assistance to low-income people in civil (noncriminal) 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.
73 This section was written by M. Angeles Villarreal, Specialist in International Trade and Finance, Foreign Affairs,
Defense, and Trade Division.
74 U.S. Office of Management and Budget, The President’s Budget Fiscal Year 2010 Appendix, Other Independent
Agencies, U.S. International Trade Commission, p. 1241.
75 This section was prepared by Carmen Solomon-Fears, Specialist in Social Policy, Domestic Social Policy Division.
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Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations
The Consolidated Appropriations Act included $420.0 million for the LSC for FY2010.
Moreover, the act continued existing limitations on the use of LSC funds (and non-LSC funds)
except for the restriction on the ability of LSC-funded programs to collect attorneys’ fees. The
FY2010 appropriation for the LSC included $394.4 million for basic field programs and required
independent audits, $17.0 million for management and administration, $3.4 million for client self-
help and information technology, $4.2 million for the Office of the Inspector General, and $1.0
million for loan repayment assistance. Current LSC funding now surpasses the LSC’s previous
highest funding level of $400 million in FY1994 and FY1995.
For FY2011, the Administration requests $435.0 million for the LSC. This amount is $15.0
million (3.6%) above the FY2010 appropriation of $420.0 million for the LSC. The
Administration’s budget request includes $407.0 million for basic field programs and required
independent audits; $20.0 million for management and grants oversight; $3.0 million for client
self-help and information technology; $4.0 million for the Office of the Inspector General; and
$1.0 million for loan repayment assistance. The Administration also proposes that LSC
restrictions on class action suits and attorneys’ fees be eliminated.76
Marine Mammal Commission (MMC)77
The Marine Mammal Commission is an independent agency of the executive branch, established
under Title II of the Marine Mammal Protection Act (MMPA; P.L. 92-522). 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. As funding permits, the Marine Mammal
Commission supports research to further the purposes of the MMPA.
For FY2011, the Obama Administration proposed $3.0 million for necessary expenses of the
Marine Mammal Commission, a decrease of approximately $0.3 million (-7.7%) from the
FY2010 appropriation of approximately $3.3 million for this independent agency.
Office of the U.S. Trade Representative (USTR)78
The USTR, located in the Executive Office of the President, 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, including commodity and direct investment
negotiations. USTR also conducts U.S. affairs related to the World Trade Organization.
The FY2011 budget request is $48.3 million, a $0.5 million (1%) increase from the FY2010-
enacted amount of $47.8 million.
76 The restriction on attorneys’ fees was eliminated pursuant to P.L. 111-117. For further information, see CRS Report
R40679, Legal Services Corporation: Restrictions on Activities, by Carmen Solomon-Fears.
77 This section was prepared by Eugene H. Buck, Specialist in Natural Resources Policy; Resources, Science, and
Industry Division.
78 This section was written by M. Angeles Villarreal, Specialist in International Trade and Finance, Foreign Affairs,
Defense, and Trade Division.
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Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations
State Justice Institute (SJI)
The 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.79 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 FY2011, the Administration requests $5.4 million for SJI, which would represent a 5.5%
increase in funding compared with the $5.1 million Congress appropriated for SJI for FY2010.
Table 12. Funding for CJS Agencies, by Account
(budget authority in millions of dollars)
FY2010
FY2011
House-
Senate-
FY2011
Bureau or Agency
Enacted
Request
Passed
passed
Enacted
Department of Commerce
International Trade Administration
$446.8
$534.3
Bureau of Industry and Security
100.3
113.1
Economic
Development
Administration
293.0
286.2
Minority Business Development Agency
31.5
32.3
Economic and Statistical Analysis
97.3
113.2
Bureau of the Census
7,324.7
1,266.7
National Telecommunications and Information Administration
40.0
21.8
Patent and Trademark Office
1,887.0
2,322.0
Offsetting Fee Receipts USPTO
-1,887.0
-2,322.0
National Institute of Standards and Technology
856.6
918.9
National Oceanic and Atmospheric Administration
4,737.5
5,554.1
Departmental
Management
107.5
41.5
DOC
Subtotal
14,035.2
8,882.1
Department of Justice
General
Administration
2,276.7
2,593.3
U.S.
Parole
Commission
12.9
13.6
Legal
Activities
3,085.2
3,388.3
U.S. Marshals Service
1,152.4
1,207.2
National
Security
Division
87.9
99.5
Interagency Law Enforcement
528.6
579.3
Federal Bureau of Investigation
7,898.5
8,264.7
Drug Enforcement Administration
2,019.7
2,130.1
79 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.
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Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations
FY2010
FY2011
House-
Senate-
FY2011
Bureau or Agency
Enacted
Request
Passed
passed
Enacted
Bureau of Alcohol, Tobacco, Firearms & Explosives
1,120.8
1,163.0
Federal Prison System
6,188.1
6,806.2
Office of Violence Against Women
418.5
438.0
Office of Justice Programs
2,283.5
2,070.0
Community Oriented Policing Services
791.6
690.0
OVW, OJP, and COPS Salaries and Expenses
213.4
279.4
DOJ
Subtotal
28,077.7
29,722.5
Science Agencies
Office of Science and Technology Policy
7.0
7.0
NASA
18,724.3
19,000.0
National Science Foundation
6,926.5
7,424.4
Science
Agencies
Subtotal
25,657.8
26,431.4
Related Agencies
Commission on Civil Rights
9.4
9.4
Equal Employment Opportunity Commission (EEOC)
367.3
385.3
International
Trade
Commission
81.9
87.0
Legal
Services
Corporation
420.0
435.0
Marine Mammal Commission
3.3
3.0
U.S.
Trade
Representative
47.8
48.3
State Justice Institute
5.1
5.4
Related Agencies Subtotal
934.8
973.4
Total
Appropriations
68,705.5
66,009.4
Source: FY2010-enacted amounts were taken from the House report to accompany the Consolidated
Appropriations Act, 2010 (P.L. 111-117, H.Rept. 111-366). FY2011-requested amounts for the Department of
Commerce were taken from U.S. Office of Management and Budget, Budget of the U.S. Government, Fiscal Year
2011, Appendix. FY2011-requested amounts for the Department of Justice were taken from U.S. Department of
Justice, FY2011 Congressional Budget Submission. FY2011-requested amounts for the related agencies were taken
from U.S. Office of Management and Budget, Budget of the U.S. Government, Fiscal Year 2011, Appendix. the
FY2011-requested amount for OSTP was taken from FY2011 Executive Office of the President congressional
budget justification; the FY2011-requested amount for NASA was taken from NASA congressional budget
justification; and the FY2011-requested amount for NSF was taken from FY2011 NSF congressional budget
justification.
Notes: Amounts may not add to totals due to rounding.
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Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations
Author Contact Information
Nathan James, Coordinator
Daniel Morgan
Analyst in Crime Policy
Specialist in Science and Technology Policy
njames@crs.loc.gov, 7-0264
dmorgan@crs.loc.gov, 7-5849
Oscar R. Gonzales, Coordinator
Christine M. Matthews
Analyst in Economic Development Policy
Specialist in Science and Technology Policy
ogonzales@crs.loc.gov, 7-0764
cmatthews@crs.loc.gov, 7-7055
Jennifer D. Williams, Coordinator
Dana A. Shea
Section Research Manager
Specialist in Science and Technology Policy
jwilliams@crs.loc.gov, 7-8640
dshea@crs.loc.gov, 7-6844
John F. Sargent Jr.
Eugene H. Buck
Specialist in Science and Technology Policy
Specialist in Natural Resources Policy
jsargent@crs.loc.gov, 7-9147
gbuck@crs.loc.gov, 7-7262
Celinda Franco
M. Angeles Villarreal
Specialist in Crime Policy
Specialist in International Trade and Finance
cfranco@crs.loc.gov, 7-7360
avillarreal@crs.loc.gov, 7-0321
William J. Krouse
Linda Levine
Specialist in Domestic Security and Crime Policy
Specialist in Labor Economics
wkrouse@crs.loc.gov, 7-2225
llevine@crs.loc.gov, 7-7756
Kristin M. Finklea
Abigail B. Rudman
Analyst in Domestic Security
Information Research Specialist
kfinklea@crs.loc.gov, 7-6259
arudman@crs.loc.gov, 7-9519
Ian F. Fergusson
Carmen Solomon-Fears
Specialist in International Trade and Finance
Specialist in Social Policy
ifergusson@crs.loc.gov, 7-4997
csolomonfears@crs.loc.gov, 7-7306
Harold F. Upton
Garrine P. Laney
Analyst in Natural Resources Policy
Analyst in Social Policy
hupton@crs.loc.gov, 7-2264
glaney@crs.loc.gov, 7-2518
Linda K. Moore
Denis Steven Rutkus
Specialist in Telecommunications Policy
Specialist on the Federal Judiciary
lmoore@crs.loc.gov, 7-5853
drutkus@crs.loc.gov, 7-7162
Wendy H. Schacht
Specialist in Science and Technology Policy
wschacht@crs.loc.gov, 7-7066
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Commerce, Justice, Science, and Related Agencies: FY2011 Appropriations
Key Policy Staff
Area of Expertise
Name
Phone
E-mail
Departments
Department of Justice
Nathan James
7-0624
njames@crs.loc.gov
Department of Commerce
Oscar Gonzales
7-0764
ogonzales@crs.loc.gov
Jennifer Williams
7-8640
jwilliams@crs.loc.gov
Science Agencies
John Sargent
7-9147
jsargent@crs.loc.gov
Agencies and Policy Areas
OJP, COPS, BOP
Nathan James
7-0264
njames@crs.loc.gov
FBI, ATF
William Krouse
7-2225 wkrouse@crs.loc.gov
U.S. Attorneys, DEA
Celinda Franco
7-7360
cfranco@crs.loc.gov
Juvenile Justice
Kristin Finklea
7-6259
kfinklea@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, ESA,MBDA
Oscar Gonzales
7-0764
ogonzales@crs.loc.gov
Telecommunications, NTIA
Linda K. Moore
7-5853
lmoore@crs.loc.gov
Bureau of the Census
Jennifer Williams
7-8640
jwilliams@crs.loc.gov
Patent and Trademark Office, NIST
Wendy H. Schacht
7-7066
wschacht@crs.loc.gov
Office of Science and Technology
Policy
Dana A. Shea
7-6844
dshea@crs.loc.gov
NOAA
Harold F. Upton
7-2264
hupton@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,
OVW
Garrine P. Laney
7-2518
glaney@crs.loc.gov
State Justice Institute
Denis Steven Rutkus
7-7162
drutkus@crs.loc.gov
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