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Commerce, Justice, Science, and Related
Agencies: FY2012 Appropriations
Nathan James, Coordinator
Analyst in Crime Policy
Jennifer D. Williams, Coordinator
Specialist in American National Government
John F. Sargent Jr., Coordinator
Specialist in Science and Technology Policy
October 6, 2011
Congressional Research Service
7-5700
www.crs.gov
R41721
CRS Report for Congress
Pr
epared for Members and Committees of Congress
c11173008
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Commerce, Justice, Science, and Related Agencies: FY2012 Appropriations
Summary
This report provides an overview of actions taken by Congress to provide FY2012 appropriations
for Commerce, Justice, Science, and Related Agencies (CJS) accounts.
On October 5, 2011, President Obama signed into law the Continuing Appropriations Act, 2012
(P.L. 112-36). The act continues appropriations for the agencies and bureaus funded under the
annual CJS bill at 1.503% below the FY2011-enacted levels until November 18, 2011, or until the
FY2011 CJS bill is passed by Congress and signed into law by the President.
On September 15, 2011, the Senate Committee on Appropriations reported S. 1572, the
Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012. The bill would
provide a total of $60.278 billion for the bureaus and agencies funded by the bill. The amount
recommended by the committee is 4.0% more than the amount recommended by the House
Committee on Appropriations, but it is 7.3% below the Administration’s request and 1.5% less
than the FY2011-enacted appropriation. The bill includes $7.827 billion for the Department of
Commerce, $26.907 billion for the Department of Justice, $24.643 billion for the science
agencies, and $901.1 million for the related agencies.
On July 20, 2011, the House Committee on Appropriations reported the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2012 (H.R. 2596). The bill would provide a
total of $57.949 billion for CJS. The amount recommended by the committee is 10.9% less than
the Administration’s FY2012 request for CJS and 5.3% below the FY2011-enacted level. The bill
includes $7.161 billion for the Department of Commerce, $26.323 billion for the Department of
Justice, $23.649 billion for the science agencies, and $814.8 million for the related agencies.
For FY2012, the Administration requests a total of $64.93 billion for the agencies and bureaus
funded as part of the annual CJS appropriations bill. The FY2012 request is $3.839 billion, or
6.3%, more than the FY2011-enacted amount of $61.092 billion. The proposed reduction in
overall funding for CJS is almost entirely attributable to the Administration requesting nearly $6.3
billion less for the Census Bureau because the 2010 decennial census is complete. The
Administration’s FY2012 request includes $8.761 billion for the Department of Commerce,
$28.68 billion for the Department of Justice, $26.498 billion for the science agencies, and $991.4
million for the related agencies.
On April 15, 2011, President Obama signed into law the Department of Defense and Full-Year
Continuing Appropriations Act, 2011 (P.L. 112-10). The act provided a total of $61.092 billion for
agencies and bureaus funded as a part of the annual appropriation for CJS for FY2011. The
$61.092 billion provided by the act includes $7.578 billion for the Department of Commerce,
$27.281 billion for the Department of Justice, $25.315 billion for the science agencies, and
$917.9 million for the related agencies.
The source for the FY2011-enacted amounts, the FY2012-requested amounts, and the House
Committee on Appropriations-recommended amounts is H.Rept. 112-169. The Senate Committee
on Appropriations-recommended amounts are taken from S.Rept. 112-78.
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Contents
Most Recent Developments ............................................................................................................. 1
FY2012 Appropriations ................................................................................................................... 1
Survey of Selected Issues ................................................................................................................ 3
Department of Commerce ......................................................................................................... 3
Department of Justice (DOJ) ..................................................................................................... 4
Science Agencies ....................................................................................................................... 4
Related Agencies ....................................................................................................................... 5
Department of Commerce................................................................................................................ 5
FY2011 and FY2012 Appropriations ........................................................................................ 6
International Trade Administration (ITA).................................................................................. 9
Bureau of Industry and Security (BIS) ...................................................................................... 9
Economic Development Administration (EDA)...................................................................... 10
Minority Business Development Agency (MBDA) ................................................................ 11
Economic and Statistics Administration (ESA)....................................................................... 12
Bureau of the Census............................................................................................................... 12
National Telecommunications and Information Administration (NTIA) ................................ 14
U.S. Patent and Trademark Office (USPTO)........................................................................... 15
National Institute of Standards and Technology (NIST) ......................................................... 15
National Oceanic and Atmospheric Administration (NOAA) ................................................. 16
Department of Justice .................................................................................................................... 18
FY2011 and FY2012 Appropriations ...................................................................................... 19
General Administration ........................................................................................................... 21
General Administration ..................................................................................................... 22
Administrative Review and Appeals (ARA) ..................................................................... 22
Office of the Federal Detention Trustee (OFDT) .............................................................. 22
Office of the Inspector General (OIG) .............................................................................. 23
U.S. Parole Commission.......................................................................................................... 23
Legal Activities........................................................................................................................ 23
General Legal Activities.................................................................................................... 23
Office of the U.S. Attorneys.............................................................................................. 24
Other Legal Activities ....................................................................................................... 24
U.S. Marshals Service (USMS)............................................................................................... 24
National Security Division (NSD)........................................................................................... 25
Interagency Law Enforcement................................................................................................. 25
Federal Bureau of Investigation (FBI)..................................................................................... 26
Drug Enforcement Administration (DEA) .............................................................................. 28
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) ................................................ 29
Multiple Rifle Sales Reports ............................................................................................. 30
Operation Fast and Furious ............................................................................................... 31
Importability of Certain Shotguns..................................................................................... 33
Other Possible Oversight Issues........................................................................................ 33
Federal Prison System (Bureau of Prisons)............................................................................. 34
Office on Violence Against Women (OVW) ........................................................................... 36
Office of Justice Programs (OJP) ............................................................................................ 39
Justice Assistance .............................................................................................................. 39
State and Local Law Enforcement Assistance................................................................... 40
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Juvenile Justice Programs ................................................................................................. 44
Public Safety Officers Benefits Program (PSOB)............................................................. 46
Community Oriented Policing Services (COPS)..................................................................... 47
Salaries and Expenses for OVW, OJP, and COPS................................................................... 49
Science Agencies ........................................................................................................................... 49
FY2011 and FY2012 Appropriations ...................................................................................... 50
Office of Science and Technology Policy (OSTP) .................................................................. 50
National Aeronautics and Space Administration (NASA)....................................................... 51
National Science Foundation (NSF)........................................................................................ 54
Related Agencies ........................................................................................................................... 58
Commission on Civil Rights ................................................................................................... 59
Equal Employment Opportunity Commission (EEOC) .......................................................... 60
U.S. International Trade Commission (ITC) ........................................................................... 61
Legal Services Corporation (LSC) .......................................................................................... 61
Marine Mammal Commission (MMC).................................................................................... 62
Office of the U.S. Trade Representative (USTR) .................................................................... 63
State Justice Institute (SJI) ...................................................................................................... 63
Tables
Table 1. CJS Appropriations, FY2011-Enacted, FY2012 Request, and House and Senate
Committee on Appropriations Reported....................................................................................... 2
Table 2. Funding for the Department of Commerce ........................................................................ 7
Table 3. Funding for the Department of Justice............................................................................. 20
Table 4. Funding for OVW Programs............................................................................................ 38
Table 5. Funding for Justice Assistance Programs......................................................................... 40
Table 6. Funding for State and Local Law Enforcement Assistance Programs ............................. 42
Table 7. Funding for Juvenile Justice Programs ............................................................................ 46
Table 8. Funding for Community Oriented Policing Services Programs ...................................... 48
Table 9. Funding for Science Agencies.......................................................................................... 50
Table 10. Funding for NASA......................................................................................................... 54
Table 11. Funding for Related Agencies........................................................................................ 59
Table 12. Funding for CJS Agencies, by Account, FY2008-FY2012............................................ 64
Contacts
Author Contact Information........................................................................................................... 67
Key Policy Staff............................................................................................................................. 68
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Most Recent Developments
On October 5, 2011, President Obama signed into law the Continuing Appropriations Act, 2012
(P.L. 112-36). The act continues appropriations for the agencies and bureaus funded under the
annual CJS bill at 1.503% below the FY2011-enacted levels until November 18, 2011, or until the
FY2012 CJS bill is passed by Congress and signed into law by the President. Funds available
under the act are available to the extent and in the manner provided in Full-Year Continuing
Appropriations Act (P.L. 112-10). The reduction in operating expenditures was required so that
discretionary spending across the federal government would be in line with the $1.043 billion
discretionary spending cap set in the Budget Control Act of 2011 (P.L. 112-25).1 Section 104 of
the act states that continuing funding cannot be used to initiate or resume any project or activity
that did not receive appropriations for FY2011. Section 109 of the act prohibits executive
agencies from using continuing funds for programs that have a high initial rate of operation or in
which all appropriations would be distributed at the beginning of the fiscal year. In addition,
section 109 prohibits agencies from awarding grants that would impinge on final funding
prerogatives.
On September 15, 2011, the Senate Committee on Appropriations marked up and reported S.
1572, the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012. The bill
would provide a total of $60.278 billion for the bureaus and agencies funded by the bill. The
amount recommended by the committee is 4.0% more than the amount recommended by the
House Committee on Appropriations, but it is 7.3% below the Administration’s request and 1.5%
less than the FY2011-enacted appropriation. The bill includes $7.827 billion for the Department
of Commerce, $26.907 billion for the Department of Justice, $24.643 billion for the science
agencies, and $901.1 million for the related agencies.
FY2012 Appropriations
This report provides an overview of actions taken by Congress to provide FY2012 appropriations
for Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an
overview of FY2011 appropriations for agencies and bureaus funded as a part of the annual
appropriation for CJS. The source for the FY2011-enacted amounts, the FY2012-requested
amounts, and the House Committee on Appropriations-recommended amounts is H.Rept. 112-
169. The Senate Committee on Appropriations-recommended amounts are taken from S.Rept.
112-78.
S. 1572 would provide a total of $60.278 billion for the bureaus and agencies funded by the bill.
The amount recommended by the committee is 4.0% more than the amount recommended by the
House Committee on Appropriations, but it is 7.3% below the Administration’s request and 1.5%
less than the FY2011-enacted appropriation. The bill includes $7.827 billion for the Department
of Commerce, $26.907 billion for the Department of Justice, $24.643 billion for the science
agencies, and $901.1 million for the related agencies.
1 For more information on the Budget Control Act of 2011, see CRS Report R41965, The Budget Control Act of 2011,
by Bill Heniff Jr., Elizabeth Rybicki, and Shannon M. Mahan.
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H.R. 2596 would provide a total of $57.949 billion for CJS. The amount recommended by the
committee is 10.9% less than the Administration’s FY2012 request for CJS and 5.3% below the
FY2011-enacted level. The bill includes $7.161 billion for the Department of Commerce, $26.323
billion for the Department of Justice, $23.649 billion for the science agencies, and $814.8 million
for the related agencies. During the committee’s markup of the bill, the committee adopted an
amendment that increased funding for the National Oceanic and Atmospheric Administration’s
(NOAA’s) Operations, Research, and Facilities account by $48.0 million. The increase was offset
by applying a 0.1% rescission to all other discretionary accounts in the bill. The amounts included
in this report reflect the 0.1% rescission even though the committee’s bill and report do not
include the rescinded amounts.
For FY2012, the Administration requests a total of $64.93 billion for the agencies and bureaus
funded as a part of the annual CJS appropriations bill. The FY2012 request is $3.839 billion, or
6.3%, more than the FY2011-enacted amount of $61.092 billion. The Administration’s FY2012
request includes $8.761 billion for the Department of Commerce, $28.68 billion for the
Department of Justice, $26.498 billion for the science agencies, and $991.4 million for the related
agencies.
The Department of Defense and Full-Year Continuing Appropriations Act, 2011 (P.L. 112-10,
hereinafter referred to as the “year-long CR”) provided a total of $61.092 billion for CJS, which
includes $7.578 billion for the Department of Commerce, $27.281 billion for the Department of
Justice, $25.315 billion for the science agencies, and $917.9 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 that may be counted as offsets to
newly enacted budget authority.
Table 1 shows the FY2011-enacted appropriations, the Administration’s FY2012 request, and the
House Committee on Appropriations-recommended appropriation for the Department of
Commerce, the Department of Justice, the science agencies, and the related agencies.
Table 1. CJS Appropriations, FY2011-Enacted, FY2012 Request, and House and
Senate Committee on Appropriations Reported
(budget authority in millions of dollars)
Departments and
FY2011
FY2012
House
Senate
FY2012
Related Agencies
Enacted
Request
Committee
Committee
Enacted
Reported
Reported
Department of Commerce
$7,580.9 $8,802.6 $7,161.3 $7,826.7
Department of Justice
27,389.2
28,724.3
26,323.3
26,907.0
Science
Agencies
25,314.5 26,498.0 23,649.5 24,642.9
Related
Agencies
917.9 991.4 814.8 901.1
Total
61,202.5a 65,016.3b 57,948.9c 60,277.7d
Source: FY2011-enacted amounts, FY2012-requested amounts, and House committee-reported amounts were
taken from H.Rept. 112-169. Senate committee-reported amounts were taken from S.Rept. 112-78.
Notes: Amounts may not add to totals due to rounding. The House committee-reported amounts include the
0.1% rescission specified in Section 543 of H.R. 2596.
a. This amount does not include $2.416 billion in rescissions of unobligated balances.
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b. This amount does not include a proposed $839.7 million in rescissions of unobligated balances.
c. This amount does not include a proposed $1.053 billion in rescissions of unobligated balances.
d. This amount does not include a proposed $796.7 million in rescissions of unobligated balances.
Survey of Selected Issues
Department of Commerce
Congress may consider the following issues as part of the Department of Commerce FY2012
appropriations process:
• whether to fund the Obama Administration’s proposed 17.2% increase in funding
for the International Trade Administration for FY2012 as part of the
Administration’s goal of doubling exports over the next five years through the
National Export Initiative;
• oversight of the President’s Export Control Reform Initiative—under the Bureau
of Industry and Security—the end goal of which is to create a single licensing
authority for both dual-use and munitions exports;
• whether to approve, as a cost-control measure, the Administration’s proposed
termination of two Census Bureau programs: (1) the Statistical Abstract Program,
which would eliminate both the print and online versions of Statistical Abstract,
as well as the County and City Data Book, State and Metropolitan Area Data
Book, and USA Counties Web database; and (2) the Federal Financial Statistics
Program, which would terminate the Consolidated Federal Funds Report;
• whether to provide the U.S. Patent and Trademark Office with the authority to
use all the fees it collects in a fiscal year;
• whether to continue and expand support for the extramural programs of the
National Institute of Standards and Technology aimed at the development of
“pre-competitive” generic technologies;
• whether to approve the proposed establishment of a Climate Service line office
and the related changes to the administrative structure of NOAA;
• whether to accept the Administration’s proposal to transfer funds from public
works to economic adjustment assistance under the Economic Development
Administration to help distressed areas affected by unemployment as a result of
the recession;
• funding levels and oversight of the new inter-agency Regional Innovation
Program, a proposal for a new national competition to identify 20 growth zones
across the country;
• whether to increase funding for the activities and outreach of the Minority
Business Development Agency’s (MBDA) 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;
and
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• whether to accept the Administration’s proposal to omit expenditures for Public
Telecommunications Facilities, Planning and Construction from the National
Telecommunications and Information Administration budget. In 2010, Congress
provided $20.0 million for the program and omitted it in the 2011-enacted
budget.
Department of Justice (DOJ)
Some issues Congress might consider while determining funding levels for DOJ accounts include
the following:
• the extent to which DOJ as a whole and its components have prepared to respond
to potential weapons of mass destruction (WMD) incidents under the National
Response Framework;
• whether certain functions of the National Drug Intelligence Center (NDIC) are
redundant with duties of other federal agencies, and consequently, whether
funding for the NDIC should be adjusted accordingly;
• whether to increase funding for the Organized Crime Drug Enforcement Task
Force (OCDETF) program to enhance investigations and prosecutions along the
Southwest border;
• the Federal Bureau of Investigation’s (FBI’s) progress in developing a
computerized case management system for investigations known as Sentinel,
which is behind schedule and over budget;
• the rate at which the FBI has utilized funding and staffing resources for national
security matters and other national priorities (counterterrorism,
counterintelligence, cybercrime, and civil rights), as compared to traditional
crime matters (organized crime, gangs, drug-related crime, white collar crime,
and violent crime);
• the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF’s) efforts to
reduce gun trafficking across the Southwest border to Mexico under Project
Gunrunner and the bureau’s efforts to share criminal intelligence with the
Department of Homeland Security;
• efforts made by DOJ, FBI, and ATF to harmonize overlapping, interagency
jurisdictions over criminal matters related to explosives;
• the ability of the Bureau of Prisons (BOP) to properly manage and care for the
federal prison population; and
• whether to increase or decrease federal assistance levels for state and local
criminal justice systems at a time when states are facing budget shortfalls, but
also at a time when the federal budget deficit continues to increase.
Science Agencies
Among the issues facing science agencies that Congress may opt to address in the FY2012
appropriations process are the following:
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• whether the new direction for the U.S. human spaceflight program, established in
October 2010 by the National Aeronautics and Space Administration
Authorization Act of 2010 (P.L. 111-267), can be implemented successfully in a
period of increased budgetary constraint;
• whether to increase funding at the National Science Foundation (NSF) as
proposed by the Administration; and if so, at what pace, and how will any
increase be distributed among NSF accounts;
• whether to expand NSF’s funding for three multi-agency R&D initiatives: the
National Nanotechnology Initiative (NNI), Networking and Information
Technology Research and Development (NITRD) program, and the U.S. Global
Change Research Program; and
• whether to reduce funding for the Office of Science and Technology Policy as
requested by the Administration, and if so, by how much.
Related Agencies
Some issues Congress might consider while debating FY2012 funding level for related agencies
include the following:
• whether to approve the Administration’s request for increased appropriations for
the Equal Employment Opportunity Commission (EEOC) to hire additional staff
to address the expected increase in the agency’s private sector charge backlog
and support enforcement of systemic discrimination cases;
• whether to approve the Administration’s proposal that Legal Services
Corporation restrictions on class action suits be eliminated;
• whether the Legal Services Corporation could save money by encouraging
private attorneys to help legal services programs by providing pro bono services;
and
• whether to provide additional funding to the Office of the U.S. Trade
Representative, as requested by the Administration, to aid it in promoting U.S.
trade initiatives and conducting negotiations.
Department of Commerce2
The Department of Commerce (Commerce Department) originated in 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;
2 This section was coordinated by Oscar R. Gonzales and Jennifer D. Williams, CRS Government and Finance
Division.
3 32 Stat. 825.
4 15 U.S.C. 1501.
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(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) 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;
• 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 and FY2012 Appropriations
Table 2 presents the following funding information for the Commerce Department as a whole and
for each of its agencies or bureaus: the FY2011-enacted funding, the Administration’s FY2012
request, and the House and Senate Committees on Appropriations-recommended appropriations.
The Senate Committee on Appropriations recommends $7.827 billion for the Department of
Commerce for FY2012, an amount that is 9.3% than the amount recommended by the House
Committee on Appropriations, 3.2% more than the FY2011 appropriation, but 11.1% less than the
Administration’s FY2012 request. The bill reported by the House Committee on Appropriations
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includes a total of $7.161 billion for the Department of Commerce, an amount that is $1.641
billion (18.6%) below the Administration’s FY2012 request and $419.6 million (5.5%) below the
FY2011-enacted amount for the department. The Administration requests a total of $8.803 billion
for the Commerce Department for FY2012, a proposed 16.1% increase in funding compared to
the FY2011-enacted amount of $7.581 billion. Because 2010 decennial census operations, funded
through the Census Bureau’s periodic censuses and programs account, are winding down in
FY2011, the Administration requests a lower FY2012 amount for the Bureau than was enacted for
FY2011. The Administration’s FY2012 request for every other Commerce Department agency or
bureau, however, is greater than the FY2011-enacted level.
Table 2. Funding for the Department of Commerce
(budget authority in millions of dollars)
House
Senate
FY2011
FY2012
Committee
Committee
FY2012
Bureau or Agency
Enacted
Request
Reported
Reported
Enacted
International Trade
Administration
$440.7 $516.7 $450.2 $431.7
Bureau of Industry and
Security 100.1
111.2
100.0
98.1
Economic Development
Administration
283.4 324.9 257.7 392.2
Minority Business
Development
Agency
30.3 32.3 30.3 29.7
Economic and Statistics
Administration (excluding
Census) 97.1
112.9
97.0
95.1
Census Bureau
1,149.7
1,024.8
854.5
943.3
National
Telecommunications and
Information Administration
41.6a 55.8 40.5 45.6
Patent and Trademark
Officeb
2,090.0 2,706.3 2,706.3 2,706.3
Offsetting Fee Receipts
(USPTO)
-2,090.0 -2,706.3 -2,706.3 -2,706.3
National Institute of
Standards and Technology
750.1
1,001.1
700.1
680.0
National Oceanic and
Atmospheric
Administration 4,588.0 5,485.7 4,531.3 5,022.3
Departmental Management
99.8
137.2
99.7
88.7
Total: Department of
Commerce
7,580.9 8,802.6 7,161.3 7,826.7
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Source: FY2011-enacted amounts, FY2012-requested amounts, and House committee-reported amounts were
taken from H.Rept. 112-169. Senate committee-reported amounts were taken from S.Rept. 112-78.
Note: Amounts may not add to totals due to rounding. The House committee-reported amounts include the
0.1% rescission specified in Section 543 of H.R. 2596.
a. This amount includes an unexpended $1.0 million that was not rescinded from the National
Telecommunications and Information Administration’s Public Telecommunications Facilities, Planning, and
Construction account under P.L. 112-10.
b. The Patent and Trademark Office (PTO) is ful y funded by user fees. The fees col ected but not obligated
during the current year are available for obligation in the fol owing 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.
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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
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
providing policy leadership, information technology support, and administration services for all
of ITA.
The Senate Committee on Appropriations recommends $431.7 million for ITA, 4.1% less than the
House Committee on Appropriations’ recommendation of $450.2 million. The Senate
recommendation is 16.4% less than the Administration’s FY2012 request of $516.7 million and
2.0% less than the 2011-enacted level of $440.7 million. The Administration’s request anticipates
the collection of $9.4 million in fees, the same as the current funding level, which would raise
available FY2012 funds to $526.1 million. The requested increase in the FY2012 budget is part of
the Obama Administration’s multiyear plan to double U.S. exports over a period of five years.
The Administration is requesting a total of $78.5 million for a National Export Initiative (NEI) 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 George W. 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 in the Export
5 This section was written by M. Angeles Villarreal, Specialist in International Trade and Finance, CRS Foreign
Affairs, Defense, and Trade Division.
6 This section was written by Ian F. Fergusson, Specialist in International Trade and Finance, CRS Foreign Affairs,
Defense, and Trade Division.
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Administration Regulations (15 C.F.R., Parts 730-799), and these authorities have been renewed
yearly.
The Administration’s FY2012 request for BIS is $111.2 million, an $11.0 million (11.0%)
increase from the FY2011-enacted funding level of $100.1 million. The House Committee on
Appropriations recommends $100.0 million, 0.1% less than the FY2011-enacted level and a
10.0% decrease from the Administration’s FY2012 request. The Senate Committee on
Appropriations recommends $98.1 million, an 11.7% reduction from the Administration’s
request, and a further 1.9% reduction from the House committee’s recommendation.
The Administration’s FY2012 funding request for BIS is divided among licensing activity ($54.0
million), enforcement activity ($51.0 million), and management and policy coordination ($6.2
million). Of these amounts, $14.8 million was requested for Chemical Weapons Convention
(CWC) enforcement. The $11.0 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 28 FTE positions and $10.4 million to staff these
programs. BIS is seeking budget authority for 394 positions for FY2012.
Economic Development Administration (EDA)7
EDA was created pursuant to the enactment 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 areas and areas affected by military base realignment or closure (BRAC) are
also eligible for EDA assistance. EDA provides grants for public works, economic adjustment in
case of natural disasters or mass layoffs, technical assistance, planning, and research.
The Senate Committee on Appropriations recommends $392.2 million for EDA in FY2012,
including $37.2 million for EDA salaries and expenses and $135.0 million for disaster recovery
activities targeted to areas included in 2011 presidential disaster declarations. Excluding the
$135.0 million, the Senate committee recommends $257.2 million for EDA activities. This
amount is $500,000 less than recommended by the House Committee on Appropriations and
$64.3 million less than requested by the President. The bill recommends $20.0 million in support
of the Administration’s Regional Innovation Program, which is $20.0 million less than requested
by the Administration. The House does not include a recommended FY2012 appropriation for this
program.9
The House Committee on Appropriations recommends $257.7 million for EDA. This amount is
20.7% less than the Administration’s FY2012 request of $324.9 million and 9.1% less than the
FY2011-enacted amount of $283.4 million. The committee recommends $219.8 million for
Economic Development Assistance programs, which is $25.7 million below the FY2011-enacted
amount and $64.5 million below the Administration’s request. The committee recommends $37.9
7 This section was written by Eugene Boyd, Analyst in Federalism and Economic Development Policy, CRS
Government and Finance Division.
8 P.L. 89-136; 42 U.S.C. 3121.
9 For a detailed discussion of EDA funding and reauthorization issues in the 112th Congress, see CRS Report R41162,
Economic Development Administration: Reauthorization Issues in the 112th Congress, by Eugene Boyd.
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million for EDA salaries and expenses, which is the same as the FY2011 amount and $2.7 million
below the Administration’s request.
The Administration’s $324.9 million FY2012 request for EDA is a 14.6% increase from the
FY2011-enacted funding level of $283.4 million. The FY2012 request would provide $40.6
million for the salaries and expenses account and $284.3 million for Economic Development
Assistance Programs. These programs include the 21st Century Innovation Infrastructure program
(the proposed successor to the long-standing EDA Public Works program); the Economic
Adjustment Assistance program; the new Regional Innovation Program established under the
America COMPETES Act (P.L. 111-358); the Partnership Planning program (the proposed
successor to the EDA Planning program); Technical Assistance; the Sustainable Economic
Development program (the proposed successor to the Global Climate Change program); and the
Research and Evaluation program. No funding was requested for the Trade Adjustment
Assistance program.
Congress may consider the following issues as it appropriates funding for EDA. First, the
Administration is proposing to decrease funding for the Public Works program—an initiative
solely focused on funding infrastructure—and to transfer these funds to the more flexible
Economic Adjustment Assistance program, which can fund both infrastructure and other
activities. Congress may also consider funding levels and oversight of the new inter-agency
Regional Innovation Program, pursuant to the reauthorization of the America COMPETES Act, a
proposal for a new national competition to identify 20 growth zones (14 urban zones and six rural
zones) across the country.
Minority Business Development Agency (MBDA)10
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.11 As part of its
strategic plan, 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 Senate Committee on Appropriations recommends $29.7 million for MBDA in FY2012. This
amount is $577,000 (1.9%) less than the House committee’s recommendation of $30.3 million,
$2.6 million (8.0%) less than the $32.3 million the Administration requested, and $607,000
(2.0%) less than the $30.3 million enacted for FY2011. The Administration’s FY2012 request for
MBDA is a 6.5% increase from the FY2011-enacted funding level.
The House Committee on Appropriations’ $30.3 million FY2012 recommendation for MBDA is
$2.0 million (6.2%) less than the Administration requested and $30,000 (0.1%) less than the
FY2011-enacted amount.
10 This section was written by Eugene Boyd, Analyst in Federalism and Economic Development Policy, CRS
Government and Finance Division.
11 36 Federal Register 19967; 3 C.F.R., 1971-1975 Comp. 9. 616.
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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.
Economic and Statistics Administration (ESA)12
ESA provides economic data, analysis, and forecasts to government agencies and, when
appropriate, to the public. ESA includes the Bureau of the Census (discussed separately), the
Bureau of Economic Analysis (BEA), and STAT-USA.13 ESA has three core missions: to maintain
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.
Funding for ESA includes two primary accounts: ESA headquarters and BEA. ESA headquarters
staff provide economic research and policy analysis in support of the Secretary of Commerce and
the Administration. The BEA account funds BEA activities which, among other things, produce
estimates of national gross domestic product and related measures.
The Senate Committee on Appropriations recommends FY2012 funding of $95.1 million for
ESA, $1.8 million (1.9%) less than the $97.0 million recommended by the House Committee on
Appropriations, $17.8 million (15.8%) below the Administration’s requested $112.9 million, and
$1.9 million (2.0%) less than the $97.1 million enacted for FY2011. The Administration’s
FY2012 request is a $15.9 million (16.4%) increase from the FY2011-enacted funding level.
The House Committee on Appropriations’ recommendation for ESA is $16.0 million (14.1%) less
than the Administration’s FY2012 request and $97,000 (0.1%) below the FY2011-enacted
amount.
Bureau of the Census14
The U.S. Constitution requires a population census every 10 years, to serve as the basis for
apportioning seats in the House of Representatives.15 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 funds to states and localities. The Bureau of the Census, established
as a permanent office on March 6, 1902,16 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.
12 This section was written by Jennifer D. Williams, Specialist in American National Government, CRS Government
and Finance Division.
13 STAT-USA provides U.S. economic and financial data, international trade statistics, and market research reports.
Since 1994, STAT-USA has been funded through user fees and thus is excluded from this discussion. The regional
input-output modeling system maintained by the BEA is excluded for the same reason.
14 This section was written by Jennifer D. Williams, Specialist in American National Government, CRS Government
and Finance Division.
15 See Article 1, Section 2, clause 3, as modified by Section 2 of the 14th Amendment.
16 32 Stat. 51.
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To fund the Census Bureau in FY2012, the Senate Committee on Appropriations recommends
$943.3 million, $88.8 million (10.4%) more than the House Committee on Appropriations’
$854.5 million recommendation, but $81.4 million (7.9%) less than the Administration’s request
of $1.025 billion, and $206.4 million (18.0%) below the $1.150 billion FY2011-enacted amount.
Of the Senate committee-approved total, $253.3 million would fund the Bureau’s salaries and
expenses account; the recommendation is $4.9 million (1.9%) below the $258.2 million approved
by the House committee for salaries and expenses, $18.7 million (6.9%) below the $272.1 million
budget request, and $5.2 million (2.0%) less than the $258.5 million FY2011-enacted amount.
The periodic censuses and programs account would receive $690.0 million, $93.8 million
(15.7%) more than the House committee’s recommended $596.2 million, but $62.7 million
(8.3%) below the $752.7 million request for this account, and $201.2 million (22.6%) less than
the $891.2 million FY2011-enacted funding level.
With respect to the periodic censuses and programs account, the Senate committee “directs the
Bureau to consider budgeting for the 2020 decennial census at a level less than the 2010 Census
and ... spending less than the 2000 census, not adjusting for inflation.” The committee further
noted that it “strongly supports the Economic Census, and directs the Bureau to preserve funding
when considering reductions.”17 The 2012 economic census is jeopardized, according to the
House committee’s minority views,18 as well as the Census Bureau’s assessment, by this
committee’s recommended decrease for the periodics account.
The House Committee on Appropriations’ recommendation for the Bureau is $170.3 million
(16.6%) below the budget request and $295.2 million (25.7%) below the FY2011-enacted
amount. The salaries and expenses account would receive $13.8 million (5.1%) less than
requested and $259,000 (0.1%) less than enacted for FY2011. The periodic censuses and
programs account would receive $156.5 million (20.8%) less than requested and $295.0 million
(33.1%) below the FY2011-enacted funding level.
The Administration’s $1.025 billion FY2012 request for the Census Bureau is $125.0 million
(10.9%) lower than the FY2011 enacted amount of $1.150 billion largely because 2010 census
activities are winding down. The decennial census, funded under the periodic censuses and
programs account, is the Bureau’s most expensive program. The $138.5 million difference
between the FY2012 request and FY2011-enacted funding for this account ($752.7 million versus
$891.2 million, a 15.5% decrease) reflects the completion of most aspects of the 2010 census.19
The Bureau continues to release 2010 census data products and to evaluate census accuracy, and
it has begun planning for the 2020 census. The periodics account also funds the American
Community Survey (ACS), a continuous-measurement survey that has replaced the decennial
census long form.20 Approval of the periodics request would enable the Bureau to proceed with its
17 U.S. Congress, Senate Committee on Appropriations, Departments of Commerce and Justice, and Science, and
Related Agencies Appropriations Bill, 2012, report to accompany S. 1572, 112th Cong., 1st sess., S.Rept. 112-78
(Washington: GPO, 2011), pp. 16-17.
18 U.S. Congress, House Committee on Appropriations, Commerce, Justice, Science, and Related Agencies
Appropriations Bill, 2012, “Minority Views,” report to accompany H.R. 2596, 112th Cong., 1st sess., H.Rept. 112-169,
(Washington: GPO, 2011), p. 139.
19 For a discussion of the 2010 census, see CRS Report R40551, The 2010 Decennial Census: Background and Issues,
by Jennifer D. Williams.
20 For a discussion of the ACS and the long form, see CRS Report R41532, The American Community Survey:
Development, Implementation, and Issues for Congress, by Jennifer D. Williams.
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expansion of the ACS sample size from approximately 3.0 million to 3.5 million housing units a
year and its other activities to improve ACS data quality.
The Administration’s request for a $13.5 million (5.2%) increase in the salaries and expenses
account ($272.1 million for FY2012, compared with the $258.5 million FY2011-enacted amount)
includes $9.0 million to facilitate the use of administrative records in the federal statistical
system. The Administration also proposes, as a cost-control measure, the termination of two
programs under salaries and expenses: (1) the Statistical Abstract Program, which would
eliminate both the print and online versions of Statistical Abstract, as well as the County and City
Data Book, State and Metropolitan Area Data Book, and USA Counties Web database, for
savings of $2.9 million; and (2) the Federal Financial Statistics Program, which would terminate
the Consolidated Federal Funds Report, for $700,000 in savings.
National Telecommunications and Information Administration
(NTIA)21
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
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 FY2012, the bill reported by the Senate Committee on Appropriations includes $45.6 million
for necessary expenses, an increase of 9.6% over the FY2011 funding level but 18.4% less than
the Administration’s request. The Administration requests $55.8 million for Salaries and
Expenses for FY2012, an increase of $14.3 million over the FY2011 funding level of $41.6
million. The increase is largely attributable to the costs of administration and oversight of the $4.4
billion Recovery Act program for broadband technologies and deployment mapping, as required
by the American Recovery and Reinvestment Act of 2009 (P.L. 111-5). Requests for all oversight
programs administered by NTIA total $32.3 million for FY2012. In addition, the Administration
requests new funding for NTIA of $1.7 million to support efforts to foster new wireless
broadband technologies and of $1.0 million for its Internet Innovation initiative to address
Internet-based privacy principles.
The House Committee on Appropriations recommends $40.5 million for Salaries and Expenses,
for FY2012. This amount is 27.4% less than the Administration’s request. The committee-
reported amount is 2.5% less than the FY2011 funding level for Salaries and Expenses.
21 This section was written by Linda K. Moore, Specialist in Telecommunications and Spectrum Policy, CRS
Resources, Science, and Industry Division.
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The House Committee on Appropriations’ recommendations make no provision for Public
Telecommunications Facilities, Planning and Construction (PTFPC) in FY2012. Expenditures for
PTFPC are omitted from the Administration’s 2012 request. The enacted funding level for PTFPC
in FY2011 is zero. FY2010 appropriations of $40.0 million included $20.0 million for PTFPC.
The bill reported by the Senate Committee on Appropriations would require that funds
appropriated in prior years for PTFPC remain available for the administration of all open grants
until their expiration.
U.S. Patent and Trademark Office (USPTO)22
The USPTO 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.
S. 1572, as reported by the Senate Committee on Appropriations, provides the USPTO with the
budget authority to spend $2.706 billion in fees collected during FY2012, the same figure as H.R.
2596, as reported by the House Committee on Appropriations, and the Administration’s budget
request, and 29.5% above the FY2011-enacted figure of $2.090 billion.23 The Senate bill
mandates that “any amount received in excess of $2,706,313,000 in fiscal year 2012 and
deposited in the Patent and Trademark Fee Reserve Fund [as per P.L. 112-29] shall remain
available until expended,” as does H.R. 2596. Both the Senate and House bills and the President’s
budget recommend 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. In addition, the Senate and House bills require that the Director of the
USPTO submit a spending plan for these excess fees to the House and the Senate Committees on
Appropriations, that the planned spending is to be treated as “a reprogramming,” and that these
excess fees shall be used for the activities of the USPTO. The budget proposal requires the
USPTO to have full access to all fees collected.
National Institute of Standards and Technology (NIST)24
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.
22 This section was written by Wendy H. Schacht, Specialist in Science and Technology Policy, CRS Resources,
Science, and Industry Division.
23 The House Committee on Appropriations report to accompany H.R. 2596, H.Rept. 112-169, after recommending the
$2.706 billion in budget authority for the USPTO, states that “The Congressional Budget Office (CBO) has re-
estimated the fee collection to be $2,678,000,000.”
24 This section was written by Wendy H. Schacht, Specialist in Science and Technology Policy, CRS Resources,
Science, and Industry Division.
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S. 1572, as reported from the Senate Committee on Appropriations, would fund NIST at $680.0
million, 2.9% below the amount in H.R. 2596, 32.1% below the Administration’s budget request,
and 9.3% below the FY2011 appropriation of $750.1 million. Funding for research and
development under the Scientific and Technical Research and Services (STRS) account would
total $500.0 million, 3.2% below the figure in H.R. 2596, 26.4% less than the budget request, and
1.4% below the $507.0 million25 appropriated in FY2011. Under the Industrial Technology
Services (ITS) account, $120.0 million would be provided for the Manufacturing Extension
Partnership (MEP) program. This amount is 6.5% less than that recommended in H.R. 2596 and
that appropriated for FY2011 ($128.4 million), as well as 15.8% less than the Administration’s
budget figure. No funding is provided for the Technology Innovation Program (TIP), the Baldrige
National Quality Program, or the proposed Advanced Manufacturing Technology Consortia
(AMTech). Construction support would total $60.0 million, 8.3% more than the amount included
in the House bill, 29.1% below the President’s budget number, and 14.2% below the FY2011
appropriation of $69.9 million.
H.R. 2596, as reported from the House Committee on Appropriations, would provide $700.1
million for NIST, 30.1% below the President’s budget request and 6.7% below the FY2011 figure.
Funding for the STRS account would total $516.5 million, 23.9% below the proposed budget
number, but 1.9% over the FY2011 appropriation. The $128.3 million recommended for MEP is
0.1% less than the FY2011-enacted amount and 10.0% less than the Administration’s request. No
funding is provided for TIP, the Baldrige program, or AMTech. Support for construction, at $55.3
million, would be 34.6% below the budget proposal and reflects a 20.8% decrease from the
FY2011 figure.
The Administration’s FY2012 budget proposes $1.001 billion in funding for NIST, a 33.5%
increase over the FY2011 appropriation. Support for the STRS account would increase 33.9% to
$678.9 million. Included in the ITS account, the MEP program would receive $142.6 million,
11.1% more than the amount appropriated in FY2011, while financing for TIP would increase to
$75.0 million, 67.4% over the FY2011 figure of $44.8 million. Also to be budgeted under ITS
(and moved from the STRS account), support for the Baldrige program would decrease 19.8%
from $9.6 million in FY2011 to $7.7 million. A new program, AMTech, would be created and
funded at $12.3 million. Support for construction would increase 21.0% to $84.6 million.
National Oceanic and Atmospheric Administration (NOAA)26
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 manages coastal and marine resources. NOAA
was created in 1970 by Reorganization Plan No. 4. The reorganization plan was designed to unify
a number of the nation’s environmental activities and to provide a systematic approach for
monitoring, analyzing, and protecting the environment. NOAA’s current 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
25 Note that the $507.0 million includes $9.6 million for the Baldrige National Quality Program that would no longer be
funded under the STRS account after FY2011.
26 This section was written by Harold F. Upton, Natural Resources Policy Analyst, CRS Resources, Science, and
Industry Division.
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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 Operations (OMAO).
NOAA’s FY2012 budget request proposes a budget neutral reorganization of its administrative
structure by establishing a Climate Service line office. The reorganization would bring together
existing climate related capabilities from NWS, NESDIS, and OAR. According to NOAA, the
main goal of establishing the Climate Service would be to strengthen and expand NOAA’s
contributions to climate science by creating a more efficient and effective management structure.
NESDIS would be renamed as the National Environmental Satellite Service (NESS), while NOS
and NMFS would remain unchanged. Section 1348 of the Department of Defense and Full-Year
Continuing Appropriations Act, 2011 (P.L. 112-10) blocked funding to implement, establish, or
create a NOAA Climate Service during FY2011. For FY2012, the House Committee on
Appropriations rejected the NOAA reorganization request and instead recommends funding
NOAA programs in accordance with the current organizational structure. The Senate Committee
on Appropriations included the Climate Service line office in its budget recommendation.
For FY2012, the Senate Committee on Appropriations recommends $5.022 billion for NOAA.
This amount is 10.8% more than the House Committee on Appropriations’ recommendation,
8.4% less than the Administration’s request, and 9.5% more than the FY2011-enacted amount.
For FY2012, the House Committee on Appropriations recommends $4.531 billion for NOAA.
This amount is 17.4% less than the Administration’s FY2012 request and 1.2% less than the
FY2011-enacted amount. For FY2012, the Administration requests $5.486 billion for NOAA,
which is a 19.6% increase over the FY2011 funding level of $4.588 billion.
The NOAA budget is divided into two main accounts: Procurement, Acquisition, and
Construction (PAC); and Operations, Research, and Facilities (ORF).27 For FY2012, the Senate
Committee on Appropriations recommends $3.134 billion for the ORF account. This amount is
12.9% more than the House Committee on Appropriations’ recommendation, 7.2% less than the
Administration’s request, and 1.5% less than the FY2011-enacted amount. The House Committee
on Appropriations recommends $2.776 billion for the ORF account in FY2012. This amount is
17.8% less than the Administration’s FY2012 request and 12.8% less than the FY2011-enacted
amount. The Administration’s request for the ORF account in FY2012 is $3.378 billion, 6.1%
more than the FY2011-enacted funding level of $3.183 billion.
The Senate Committee on Appropriations recommends $1.834 billion for the PAC account. This
amount is 7.8% more than the House Committee on Appropriations’ recommendation, 10.7% less
than the Administration’s FY2012 request, and 37.6% more than the FY2011-enacted amount.
The House Committee on Appropriations recommends $1.701 billion for the PAC account in
FY2012. This amount is 17.1% less than the Administration’s FY2012 request, but 27.6% more
than the FY2011-enacted amount. The Administration’s request for the PAC account in FY2012 is
$2.053 billion, 54.0% more than the FY2011-enacted funding level of $1.333 billion.
The Senate Committee on Appropriations expressed deep concern with the long-term drain that
the Joint Polar Satellite System (JPSS) could have on NOAA’s other commitments. The
27 There are several relatively small discretionary accounts in NOAA that would be funded in FY2012, including, but
not limited to, the Pacific Coastal Salmon Recovery Fund ($65.0 million), the Fishermen’s Contingency Fund
($350,000), and the Medicare Retiree Eligible Health Care Fund ($1.9 million).
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committee recommends $920.8 million of PAC funding for JPSS. This amount is 2.3% more than
the House Committee on Appropriations’ recommendation, 13.9% less than the Administration’s
FY2012 request, and 95.1% more than the FY2011-enacted amount. The House Committee on
Appropriations recommends $900.4 million for JPSS. This is 15.8% less than the
Administration’s FY2012 request and 90.8% above the FY2011-enacted amount. The
Administration’s request for JPSS is $1.070 billion, 126.7% more than the FY2011-enacted
amount of $471.9 million.
Department of Justice28
Established by an act of 187029 with the Attorney General at its head, DOJ provides counsel for
the government in federal cases and protects citizens through law enforcement. It represents the
federal government in all proceedings, civil and criminal, before the Supreme Court. In legal
matters, generally, the department provides legal advice and opinions, upon request, to the
President and executive branch department heads. The major functions of DOJ agencies and
offices are described below.
• United States Attorneys prosecute criminal offenses against the United States,
represent the federal government in civil actions, and initiate proceedings for the
collection of fines, penalties, and forfeitures owed to the United States.
• United States Marshals Service provides security for the federal judiciary,
protects witnesses, executes warrants and court orders, manages seized assets,
detains and transports unsentenced prisoners, and apprehends fugitives.
• Federal Bureau of Investigation (FBI) investigates violations of federal criminal
law; helps protect the United States against terrorism and hostile intelligence
efforts; provides assistance to other federal, state, and local law enforcement
agencies; and shares jurisdiction with Drug Enforcement Administration over
federal drug violations.
• Drug Enforcement Administration (DEA) investigates federal drug law
violations; coordinates its efforts with state, local, and other federal law
enforcement agencies; develops and maintains drug intelligence systems;
regulates legitimate controlled substances activities; and conducts joint
intelligence-gathering activities with foreign governments.
• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces federal law
related to the manufacture, importation, and distribution of alcohol, tobacco,
firearms, and explosives. It was 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, BOP) provides for the custody and
care of the federal prison population, the maintenance of prison-related facilities,
28 This section was written by Nathan James, CRS Analyst in Crime Policy; Kristin M. Finklea, CRS Analyst in
Domestic Security; and William J. Krouse, CRS Specialist in Domestic Security and Crime Policy, CRS Domestic
Social Policy Division.
29 28 U.S.C. §501
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and the boarding of sentenced federal prisoners incarcerated in state and local
institutions.
• Office on Violence Against Women (OVW) 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.30
FY2011 and FY2012 Appropriations
The bill reported by the Senate Committee on Appropriations includes $26.907 billion for the
Department of Justice. The amount recommended by the committee is 2.2% above the House
Committee on Appropriations’ recommended funding, but it is 6.3% less than the
Administration’s request and 1.8% below the department’s FY2011 appropriation. Under the
Senate committee-reported bill, nearly every DOJ agency, with the exceptions of BOP and OVW,
would receive less for FY2012 compared to what the agencies received for FY2011. The House
Committee on Appropriations recommends a total of $26.323 billion for DOJ. This amount is
8.4% less than the Administration’s FY2012 request and 3.9% below the FY2011-enacted level.
The only DOJ agencies that would receive an increase in their budget for FY2012 under the
House committee-reported bill are the FBI ($141.6 million) and BOP ($23.6 million). The House
Committee on Appropriations also proposes to consolidate juvenile justice and COPS grants
under the State and Local Law Enforcement Assistance account. For FY2012, the Administration
requests a total of $28.724 billion for DOJ. The Administration’s request includes $1.995 billion
for the U.S. Attorneys, $8.076 for the FBI, $2.042 billion for the DEA, $1.147 billion for the ATF,
$6.826 billion for BOP, and $1.715 for OJP. The Administration’s request is $1.335 billion, or
4.9% more than the FY2011-enacted amount of $27.389 billion.
30 See, for example, the Crime Control Act of 1984 (P.L. 98-473); the Anti-Drug Abuse Act of 1986 (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)
House
Senate
FY2011
FY2012
Committee
Committee
FY2012
Accounts
Enacted
Request
Reported
Reported
Enacted
General
Administration
$2,208.1 $2,325.3 $2,110.2 $2,207.6
General
Administration
312.2 316.3 216.2 269.9
Administrative Review &
Appeals
296.1 328.6 295.8 290.1
Detention
Trustee
1,515.6 1,595.4 1,514.1 1,563.5
Office of the Inspector
General
84.2 85.1 84.1 84.2
U.S.
Parole
Commission
12.8 13.2 12.8 12.6
Legal
Activities
3,177.3 3,322.7 3,136.1 3,101.3
General
legal
activities
863.4 955.4 840.9 846.1
United
States
Attorneys 1,930.1 1,995.1 1,928.2 1,891.5
Othera
383.8 372.1 367.0 363.7
United States Marshals Service
1,140.1
1,259.2
1,133.0
1,113.0
National
Security
Division
87.8 87.9 87.7 86.0
Interagency
Law
Enforcement 527.5 541.0 527.0 517.0
Federal Bureau of Investigation
7,926.3
8,076.0
8,068.0
7,860.0
Drug Enforcement
Administration
2,015.6 2,042.1 1,983.7 1,910.1
Bureau of Alcohol, Tobacco,
Firearms
and
Explosives
1,112.5 1,147.3 1,111.4 1,090.3
Federal
Prison
System
6,384.1 6,826.4 6,407.7 6,682.5
Office on Violence Against
Women
417.7 431.8 417.2 417.7
OVW Salaries and Expensesb
— — 20.0 20.6
Office of Justice Programs
1,697.9
1,715.3
1,308.6
1,632.4
Justice
Assistance
234.5 178.5 182.4 121.0
State and Local Law
Enforcement
Assistance 1,117.8 1,173.5 968.0 1,063.5
Juvenile Justice Programs
275.4
280.0
—
251.0
Public Safety Officers
Benefits
70.1 78.3 78.3 78.3
OJP Salaries and
Expensesc —
—
79.9
118.6
Community Oriented Policing
Services
494.9 669.5
— 231.5
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House
Senate
FY2011
FY2012
Committee
Committee
FY2012
Accounts
Enacted
Request
Reported
Reported
Enacted
COPS Salaries and Expensesd — — —
24.5
OVW, OJP and COPS Salaries
and
Expenses
186.6
271.8 — —
Total: Department of
Justice
27,389.2 28,724.3 26,323.3 26,907.0
Source: FY2011-enacted amounts, FY2012-requested amounts, and House committee-reported amounts were
taken from H.Rept. 112-169. Senate committee-reported amounts were taken from S.Rept. 112-78.
Note: Amounts may not add to totals due to rounding. The House committee-reported amounts include the
0.1% rescission specified in Section 543 of H.R. 2596.
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.
b. For FY2011, the salaries and expenses of OVW were paid out of a separate appropriation for the salaries
and expenses of OVW, OJP and COPS. However, in the House committee-reported bill, the committee
included funding for OVW’s salaries and expenses as a separate line item under the OVW account. In the
Senate committee-reported bill, the committee provided appropriations for OVW’s salaries and expenses in
a separate OVW salaries and expenses account.
c. For FY2011, the salaries and expenses of OJP were paid out of a separate appropriation for the salaries and
expenses of OVW, OJP and COPS. However, in the House committee-reported bill, the committee
included funding for OJP’s salaries and expenses as a separate line item under the State and Local Law
Enforcement Assistance account. In the Senate committee-reported bill, the committee provided
appropriations for OJP’s salaries and expenses in a separate OJP salaries and expenses account.
d. For FY2011, the salaries and expenses of COPS were paid out of a separate appropriation for the salaries
and expenses of OVW, OJP and COPS. In the Senate committee-reported bill, the committee provided
appropriations for COPS’ salaries and expenses in a separate COPS salaries and expenses account.
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 represent the government and fight
crime as efficiently as possible.
The Senate Committee on Appropriations recommends a total of almost $2.21 billion for
FY2012. This is equal to the FY2011 enacted appropriation. This recommended amount is 5.1%
less than the Administration’s FY2012 request but 4.6% more than the House Committee on
Appropriations recommended amount. The House Committee on Appropriations recommends a
total of $2.11 billion for FY2012. This amount is 9.2% less than the Administration’s FY2012
request and 4.4% below the FY2011-enacted level. The Administration’s request includes $2.325
billion for FY2012. This amount is $117.2 million more than the enacted FY2011 appropriation
of almost $2.208 billion, an increase of 5.3%. Described below are several General
Administration subaccounts, such as the Office of the Inspector General.
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General Administration
The General Administration account includes funding for Salaries and Expenses for DOJ
administration, as well as for the National Drug Intelligence Center (NDIC), Justice Information
Sharing Technology, and Tactical Law Enforcement Wireless Communications.
The Senate Committee on Appropriations recommends a total of almost $269.9 million for
FY2012. This is 13.5% less than the FY2011 enacted appropriation of almost $312.2 million.
This recommended amount is also 14.7% less than the Administration’s FY2012 request, but
24.8% more than the House Committee on Appropriations recommends for FY2012. The House
Committee on Appropriations recommends a total of $216.2 million for FY2012. This amount is
31.6% less than the Administration’s FY2012 request and 30.7% below the FY2011-enacted
level. The House Committee-reported bill did not include funding for the NDIC. For DOJ’s
General Administration, the FY2012 budget request includes $316.3 million, an increase of $4.1
million (or 1.3%) over the FY2011 appropriation. As part of the FY2012 request, the
Administration is proposing to reduce funding the NDIC by almost $9.0 million (26.4%) to $25.0
million. In its request, the Administration indicates that NDIC’s functions may be duplicative of
other federal, state, and local drug intelligence centers. The idea that NDIC’s functions may
overlap with those of other agencies has been an issue of interest to policymakers in the past
several Congresses and continues to be of concern to some.31
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.
The Senate Committee on Appropriations recommends a total of almost $290.1 million for
FY2012. This amount is 2.0% less than the FY2011-enacted amount, 11.7% less than the
Administration’s FY2012 request, and 1.9% less than the House Committee on Appropriations’
recommendation. The House Committee on Appropriations recommends a total of almost $295.8
million for FY2012. This amount is 10.0% less than the Administration’s FY2012 request and
0.1% less than the FY2011-enacted level. The Administration’s request includes $328.6 million
for ARA funding for FY2012. The requested amount exceeds the FY2011 funding level by almost
$32.5 million, representing an increase of 11.0%.
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 Senate Committee on Appropriation recommends $1.563 billion for the OFDT,
which is 3.3% more that the amount recommended by the House Committee on Appropriation
and 3.2% more than the FY2011-enacted funding, but it is 2.0% less than the Administration’s
31 Legislation has been introduced in the 112th Congress that would either close or significantly reduce funding for the
NDIC. See, for example, H.R. 566 and H.Amdt. 23 to H.R. 1.
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request. The bill reported by the House Committee on Appropriations includes $1.514 billion for
the OFDT. This amount is 5.1% less than the Administration’s FY2012 request and 0.1% less
than the FY2011-enacted amount. The Administration requests $1.595 billion for this account for
FY2012. The FY2012 request is 5.3% more than the $1.516 billion Congress appropriated for
FY2011.
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 Senate Committee on Appropriations recommends a
total of nearly $84.2 million for FY2012. This amount is equal to the FY2011-enacted
appropriation. This recommended amount is also 1.0% less than the Administration’s FY2012
request and 0.1% more than the House Committee on Appropriations’ recommended amount. The
House Committee on Appropriations recommends a total of nearly $84.1 million for FY2012.
This amount is 1.1% less than the Administration’s FY2012 request of $85.1 million for the OIG
and 0.1% less than the FY2011-enacted appropriation. The Administration’s FY2012 request for
the OIG is 1.0% greater than the FY2011 appropriation.
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. The Senate committee-
recommended amount for the U.S. Parole Commission is $12.6 million, an amount that is 1.9%
less than the amount recommended by the House Committee on Appropriations, 4.8% less than
the Administration’s request and 2.0% less than the FY2011 appropriation. The House Committee
on Appropriations recommends $12.8 million for the commission, an amount that is 3.0% below
the Administration’s request and 0.1% less than the FY2011-enacted amount. For FY2012, the
Administration requests $13.2 million for the commission, 3.0% more than the FY2011
appropriation of $12.8 million.
Legal Activities
The Legal Activities account includes several subaccounts: general legal activities, U.S.
Attorneys, and other legal activities. The Senate Committee on Appropriations recommends
$3.101 billion for FY2012. This amount is 2.4% less than the FY2011 enacted amount, 6.7% less
than the Administration’s FY2012 request, and 1.1% less than the amount recommended by the
House Committee on Appropriations. For the legal activities account, the House Committee on
Appropriations recommends a total of $3.136 billion for FY2012. This amount is 5.6% less than
the Administration’s FY2012 request and 1.3% below the FY2011-enacted level. The President’s
FY2012 budget request includes $3.323 billion for the Legal Activities account, $145.4 million
(or 4.6%) more than the FY2011-enacted appropriation of $3.177 billion. Some of the Legal
Activities subaccounts are described below.
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
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departmental divisions (tax, criminal, civil, environment and natural resources, legal counsel,
civil rights, INTERPOL, and dispute resolution). The Senate Committee on Appropriations
recommends $846.1 million for this account for FY2012. The Senate committee-reported amount
is 0.6% more than the amount recommended by the House Committee on Appropriations, but
11.4% less than the Administration’s request and 2.0% less than the FY2011-enacted amount. The
House Committee on Appropriations recommends a total of almost $840.9 million for FY2012.
This amount is 12.0% less than the Administration’s FY2012 request and 2.6% below the
FY2011-enacted level. The Administration’s FY2012 request proposes almost $955.4 million for
General Legal Activities, $92.0 million more than the enacted FY2011 appropriation of almost
$863.4 million. The requested amount would increase FY2012 funding by 10.7% compared to the
FY2011-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 Senate
committee-reported bill includes $1.892 billion for the U.S. Attorneys. The Senate committee-
recommended amount is 1.9% below the House Committee on Appropriations’ mark, 5.2% below
the Administration’s request and 2.0% below the FY2011 appropriation. The House Committee
on Appropriations recommends $1.928 billion for the U.S. Attorneys. The House committee-
recommended amount is 3.4% below the Administration’s FY2012 request and 0.1% below the
FY2011-enacted amount. The Administration’s FY2012 request would provide the U.S. Attorneys
with $1.995 billion, or a $65.0 million increase (3.4%) over the amount appropriated for FY2011
($1.930 billion). The requested FY2012 budget enhancement includes $2.0 million for new data
analysis capabilities that could enable the U.S. Attorneys to identify and assess cost-effective
crime reduction strategies. The balance of the difference between the FY2012 requested and
FY2011 enacted appropriation consists of base adjustments, as well as offsets.
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.
The Senate Committee on Appropriations recommends $363.7 million for other legal activities
for FY2012. This amount is 5.2% less than the FY2011-enacted level, 2.3% less than the
Administration’s FY2012 request, and 0.9% less than the amount recommended by the House
Committee on Appropriations. The House Committee on Appropriations recommends a total of
almost $367.0 million for FY2012. This amount is 1.4% less than the Administration’s FY2012
request and 4.4% below the FY2011-enacted level of almost $383.8 million. For FY2012, the
Administration’s request includes $372.1 million for Other Legal Activities, $11.6 million, or
3.0%, more than FY2011 funding.
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
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courthouses, safeguards witnesses, transports prisoners from court proceedings, apprehends
fugitives, executes warrants and court orders, and seizes forfeited property. The Senate
Committee on Appropriations recommends $1.113 billion for the USMS, an amount that is 1.8%
below the amount recommended by the House Committee on Appropriations, 11.6% less than the
Administration’s request and 2.4% less than FY2011-enacted funding. The House committee-
recommended amount for the USMS is $1.133 billion. The amount recommended by the House
Committee on Appropriations is 10.0% less than the FY2012 request and 0.6% below the
USMS’s FY2011 appropriation. The Administration requests a total of $1.259 billion for the
USMS for FY2012. The FY2012 request is $119.1 million, or 10.4%, more than the FY2011
appropriation of $1.14 billion.
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 FY2012, the Senate Committee on Appropriations recommends $86 million for the NSD,
nearly $1.8 million (2.0%) less than the FY2011 enacted amount, nearly $1.9 million (2.1%) less
than the President’s request, and $1.7 million (1.9%) less than the House mark. The House
Committee on Appropriations recommends $87.7 million for the NSD, $88,000 (0.1%) less than
the FY2011 enacted amount and $208,000 (0.2%) less than the FY2012 request. By comparison,
the Administration’s FY2012 request of $87.9 million for the NSD is almost the same amount as
appropriated for FY2011. Notwithstanding that the request includes no net funding increase,
requested FY2012 budget enhancements include
• $274,000 for counterterrorism investigations and prosecutions,
• $298,000 for export enforcement and counterespionage prosecution, and
• $157,000 for strengthening international partnerships to advance U.S. national
security interests.
These requested budget enhancements would be offset by other savings and efficiencies identified
by the Administration.
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;
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and the U.S. Attorneys. From the Department of Homeland Security, 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.
The Senate Committee on Appropriations recommends almost $517.0 million for FY2012. This
amount is 2.0% less than the FY-enacted level, 4.4% less than the Administration’s FY2012
request, and 1.9% less than the House Committee on Appropriations’ recommendation for
FY2012. The House Committee on Appropriations recommends a total of $527.0 million for
FY2012. This amount is 2.6% less than the Administration’s FY2012 request and 0.1% less than
the FY2011-enacted level. For FY2012, the Administration proposes almost $541.0 million for
OCDETF. The proposed FY2012 funding level is almost $13.5 million, or 2.6%, more than the
FY2011-enacted funding level. The Administration requests an increase in funding for OCDETF
operations relating to the Southwest border. In response to concerns that the escalating drug
trafficking-related violence in Mexico could spread into the United States, the Administration
proposed an increase in funding to enhance investigations (an increase of almost $1.2 million)
and prosecutions (an increase of $8.1 million) along the Southwest border as part of the
Southwest Border Violence Initiative. The majority of the funding will be used to ensure that
resources are available to provide adequate legal oversight of cases and to prosecute fully those
drug trafficking and money laundering organizations. The committee-reported amount does not
include the Administration’s requested increase for Southwest border activities.
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 direct appropriations for the FBI from
$3.32 billion to $7.899 billion, or a 137.9% increase.32 For FY2011, Congress appropriated
$7.926 billion for the FBI (an increase of less than 0.4%).
For FY2012, the Senate Committee on Appropriations recommends $7.86 billion for the FBI,
$66.3 million (0.8%) less than the FY2011 appropriation, $216 million (2.7%) less than the
President’s request ($8.076 billion), and $207.9 million (2.6) less than the House mark. The
House Committee on Appropriations recommends $8.068 billion for the FBI, $141.6 million
(1.8%) more than the FY2011 appropriation, but $8.1 million (0.1%) less than the President’s
request. The FBI appropriation is provided in two accounts. One for salaries and expenses. The
other for construction.
For FBI salaries and expenses, the Senate Committee recommends $7.785 billion, $34.2 million
(0.4%) less than the FY2011 appropriation ($7.819 billion), $210 million (2.6%) less than the
President’s request ($7.995 billion), and $202 million (2.5%) less than the House mark. The
House committee recommends $7.987 billion, $167.8 million (2.1%) greater than the FY2011
32 The FY2010-enacted amount does not reflect a $50 million rescission or a $24 million supplemental appropriation.
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appropriation, but $8.0 million (0.1%) less than the President’s request. The President’s request
includes an increase of $175.8 million (2.2%) greater than the FY2011 appropriation. The
FY2012 request includes $131.5 million in the following budget enhancements:
• $48.9 million to improve national security surveillance capabilities,
• $40 million for aircraft to support the FBI’s Weapons of Mass Destruction
(WMD) Render Safe mission,
• $18.6 million for cybersecurity/computer intrusion investigations,
• $12.5 million for FBI participation in a DOJ initiative to increase electronic
surveillance capabilities nationally,
• $9 million to address further violent crime in Indian Country, and
• $2.5 million for increased analytical training.
Senate report language indicates that $18.6 million and $12.5 million in requested budget
enhancements for cybersecurity and national surveillance capabilities, respectively, would be
fully funded under the recommendation. It also indicated that $40.9 million, instead of the
requested $48.9 million, would be provided to improve national security surveillance capabilities.
In addition, Senate report language indicated that budget authority to use existing funding to buy
aircraft for the Render Safe mission was provided for FY2011 and additional funding would not
be provided under the FY2012 mark. Senate report language, however, is silent regarding specific
amounts for other requested funding enhancements, although it addresses several concerns (e.g.,
computer intrusions, civil rights enforcement, intellectual property rights, child exploitation,
mortgage fraud, gang enforcement, border violence, and severe forms of human trafficking).
Furthermore, Senate report language indicates that the Senate mark would provide $644.7 million
for the FBI Criminal Justice Information Services Division, an amount that includes $350.8
million in user fees.33 By comparison, notwithstanding the House 0.1% rescission ($8.0 million),
the House mark funds all of these enhancements.
For FBI construction, the Senate Committee also recommends $75 million for FY2012, or $32.5
million (30%) less than the FY2011 appropriation ($107.1 million), nearly $6.0 million (7.4%)
less that the FY2012 request ($81 million), and $5.9 million (7.3%) less than the House mark.
The House Committee recommends $80.9 million, or $26.2 million (24.5%) less than the FY2011
appropriation and $81,000 (0.1%) less than the President’s request.
Regarding FBI appropriations and oversight, in March 2010, the DOJ OIG reported on the FBI’s
efforts to develop a computerized case management system for investigations known as
Sentinel.34 At that time, the final costs for Sentinel were expected to exceed $451 million,35 and
the OIG expressed “significant concern” about system’s cost and rate progress.36 In February
2011, the acting OIG testified that Sentinel was at least two years behind schedule and $100
33 In addition to the $8.076 billion requested by the President for the FBI, the FY2012 request includes an assumption
that the FBI will collect another $1.505 billion in user fees and other reimbursable receipts. Hence, total FY2012
requested budget authority for the FBI would be $9.581 billion.
34 U.S. Department of Justice, Office of the Inspector General, Status of the Federal Bureau of Investigation’s
Implementation of the Sentinel Project, Report 10-22, March 2010, 15 pp.
35 Ibid., p. 11.
36 Ibid., p. 14.
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million over budget.37 On the other hand, the OIG testified that the FBI had taken appropriate
steps to respond to potential WMD incidents under the National Response Framework,38 but DOJ
as a whole and its other components were not as adequately prepared.39 In addition, in April 2010,
the OIG issued an audit of the FBI personnel resource allocations, including how the FBI used
field agents and intelligence analysts for counterterrorism and other investigative matters.40 The
OIG audit found that, from FY2005 through FY2009, the FBI used greater resources than had
been originally allocated for national security matters and other national priorities
(counterterrorism, counterintelligence, cybercrime, and civil rights).41 Consequently, fewer
resources than had been originally allocated were used for traditional crime matters (organized
crime, gangs, drug-related crime, white collar crime, and violent crime).42 However, the
underutilization of allocated resources for traditional crime trended downward over those years.43
Nonetheless, according to the FBI, for FY2010, under its S&E account, $4.762 billion (62%) and
18,547 fulltime equivalent (FTE) positions (58.7%) were allocated for the
counterterrorism/counterintelligence and intelligence budget decision units.44
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
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 plays 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.
The Senate Committee on Appropriations recommends $1.910 billion for the DEA for FY2012.
This amount is 5.2% less than the FY2011-enacted level, 6.5% less than the Administration’s
FY2012 request, and 3.7% less than the House Committee on Appropriations’ recommended
amount. The House Committee on Appropriations recommends a total of almost $1.984 billion
37 Statement of Cynthia A. Schneder, Acting Inspector General, U.S. Department of Justice before the U.S. House of
Representatives Committee on Appropriations, Subcommittee on Commerce, Justice, Science and Related Agencies
concerning “Oversight of the Department of Justice and Department of Commerce,” February 9, 2011, p. 10.
38 According to the Department of Homeland Security, Federal Emergency Management Agency (FEMA), the National
Response Framework (NRF) [or Framework] is a guide to how the Nation conducts all-hazards response. It is built
upon scalable, flexible, and adaptable coordinating structures to align key roles and responsibilities across the Nation. It
describes specific authorities and best practices for managing incidents that range from the serious but purely local, to
large-scale terrorist attacks or catastrophic natural disasters. For further information, see http://www.fema.gov/pdf/
emergency/nrf/nrf-core.pdf.
39 Ibid., p. 3.
40 U.S. Department of Justice, Office of the Inspector General, Follow-up Audit of FBI Personnel Resource
Management and Casework, Audit Report 10-24, April 2010, 104 pp.
41 Ibid., p. vii (see Exhibit II).
42 Ibid.
43 Ibid.
44 U.S. Department of Justice, Federal Bureau of Investigation, FY2012 Authorization and Budget Request to Congress,
February 2011, Exhibit B – Summary of Requirements.
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for FY2012. This amount is 2.9% less than the Administration’s FY2012 request and 1.6% below
the FY2011-enacted level. For FY2012, the President’s budget request includes $2.042 billion for
DEA. The requested amount represents an increase of almost $26.5 million, or 1.3% greater than
the FY2011-enacted level of almost $2.016 billion. The FY2012 budget request includes the
following:
• Almost $30.9 million to support regulatory and enforcement efforts within the
Diversion Control Program,
• $10.0 million to provide construction funding to expand the El Paso Intelligence
Center (EPIC) facility,
• $1.5 million to establish a Domestic Communications Assistance Center to
enhance law enforcement electronic surveillance capabilities, and
• Eliminating ($39.1 million) the Mobile Enforcement Team program and
reassigning agents to fill other vacancies within DEA.
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.45 From FY2001 through FY2010, Congress
has increased the direct appropriation for the ATF, from $771.0 million to $1.121 billion, a 45.4%
increase. For FY2011, Congress appropriated $1.113 billion for the ATF.
For FY2012, the Senate Committee on Appropriations recommends $1.09 billion for ATF, $22.3
million (2.0%) less than the FY2011 enacted amount , $57 million (5.0%) less that the
Administration’s request of $1.147 billion, and $21.1 million (1.9%) less than the House mark.
The House Committee on Appropriations recommends $1.111 billion for ATF, $1.1 million
(0.1%) less than the FY2011 enacted amount and $35.9 million (3.1%) less than the
Administration’s FY2012 request. The FY2012 request would provide a $34.8 million increase
(3.1%) over ATF’s enacted FY2011 appropriation. This increase includes a $1.5 million budget
enhancement that will allow ATF to participate in a DOJ initiative to increase electronic
surveillance capabilities nationally, which is offset by other savings and efficiencies identified by
the Administration. As a result, both the Senate and House marks would result in reductions in
ATF services and activities in FY2012.
In the past year, ATF’s efforts to reduce illegal gun trafficking from the United States to Mexico
under Project Gunrunner have generated controversy on two counts. First, the DOJ and ATF
obtained approval from the Office of Management and Budget (OMB) for an information
collection initiative, under which federally licensed gun dealers in Southwest border states would
be required to submit multiple sales reports on certain rifles, as a means of more readily
identifying possible straw purchasers and gun traffickers.46 Second, ATF is alleged to have
45 For further information, see CRS Report R41206, The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF):
Budget and Operations for FY2011, by William J. Krouse.
46 U.S. Department of Justice, “Statement of Deputy Attorney General James Cole Regarding Information Requests for
Multiple Sales of Semi-Automatic Rifles with Detachable Magazines,” press release, July 11, 2011.
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allowed firearms to be transferred to suspected straw purchasers.47 Then, either intentionally or
unintentionally, ATF allowed those suspected criminals or their associates to smuggle those
firearms across the border, in an effort to build more complex investigations designed to uncover
and dismantle larger gun trafficking conspiracies.48 In a tragic twist of fate, some of those
firearms were allegedly used in the deaths of two U.S. federal agents and perhaps hundreds of
these firearms have been seized by authorities in Mexico.49
In November 2010, the DOJ Office of the Inspector General (OIG) released an evaluation of
Project Gunrunner50 and, among other things, recommended that ATF work with DOJ to develop
a reporting requirement for multiple long gun sales51 because Mexican Drug Trafficking
Organizations have demonstrated a marked preference for military-style firearms capable of
accepting high-capacity magazines.52 The OIG also recommended that ATF focus its investigative
efforts on more complex criminal conspiracies involving high-level traffickers rather than on low-
level straw purchasers.
Multiple Rifle Sales Reports
On December 17, 2010, DOJ and ATF published a “60-day emergency notice of information
collection” in the Federal Register,53 in which they requested that OMB review and clear a
proposed information collection initiative by January 5, 2011, on an emergency basis under the
Paperwork Reduction Act of 1995.54 While OMB initially denied ATF emergency approval, it
later approved the initiative on July 11, 2011. Under this initiative, ATF is poised to require
federal firearms licensees (FFLs) in Southwest border states to report to ATF whenever they make
multiple sales or other dispositions of more than one rifle within five consecutive business days to
an unlicensed person. Such reporting would be limited to firearms that are (1) semiautomatic, (2)
chambered for ammunition of greater than .22 caliber, and (3) capable of accepting a detachable
magazine. In addition, while ATF originally requested a one-year “pilot” program,55 OMB
approved the initiative for a three-year period (through July 31, 2014).56 However, some
47 A “straw purchase” occurs when a person who is otherwise eligible to purchase a firearm purchases a firearm from a
federally licensed dealer for another person, who is either prohibited from possessing a firearm or does not want a
paper trail linking him to the purchased firearm.
48 “Is Obama A Gunrunner?,” Investor’s Business Daily, May 9, 2011, p. A16.
49 Ibid.
50 U.S. Department of Justice, Office of the Inspector General, Review of ATF’s Project Gunrunner, I-2011-001,
November 2010, http://www.justice.gov/oig/reports/ATF/e1101.pdf.
51 Ibid, p. 40.
52 Ibid, p. 38.
53 Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, “60-Day Emergency Notice of
Information Collection Under Review: Report of Multiple Sale or Other Disposition of Certain Rifles,” 75 Federal
Register 79021, December 17, 2010.
54 For further information, see CRS Report R40636, Paperwork Reduction Act (PRA): OMB and Agency
Responsibilities and Burden Estimates, by Curtis W. Copeland and Vanessa K. Burrows.
55 Bureau of Alcohol, Tobacco, Firearms and Explosives, “Acting Director Announces Demand Letters for Multiple
Sales of Specific Long Guns in Four Border States,” news release, December 20, 2010.
56 Office of Management and Budget, Office of Information and Regulatory Affairs, Reviews Completed in the Last 30
Days, DOJ-ATF, Report of Multiple Sale or Other Disposition of Certain Semi-Automatic Rifles, OMB Control
Number: 1140-0100, available at http://www.reginfo.gov/public/do/PRAMain;jsessionid=
9f8e89cb30d6399089b4c8ac4da993b6c0e60ddbeff2.e34ObxiKbN0Sci0SbhaSa3aLchr0n6jAmljGr5XDqQLvpAe.
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Members of Congress oppose the multiple rifle sales reporting requirement.57 They maintain that
if Congress authorized multiple handgun sales reporting in statute in 1986, then it is incumbent
upon ATF to request that Congress provide it with similar statutory authority for a multiple rifle
sales reporting requirement.58 During the markup of H.R. 2596, the House Committee on
Appropriations adopted an amendment that would prohibit ATF from implementing its multiple
rifle sales reporting requirement.59
Operation Fast and Furious
In February 2011, ATF and Project Gunrunner came under renewed scrutiny for a Phoenix, AZ-
based investigation known as Operation Fast and Furious.60 ATF whistleblowers have alleged that
suspected straw purchasers were allowed to amass relatively large quantities of firearms as part of
long-term gun trafficking investigations.61 As a consequence, some of these firearms are alleged
to have “walked,” meaning that they were trafficked to gunrunners and other criminals before
ATF moved to arrest the suspects and seize all of their contraband firearms.62 Some of these
firearms were possibly smuggled into Mexico.63 Two of these firearms—AK-47 style rifles—
were reportedly found at the scene of a shootout near the U.S.-Mexico border where U.S. Border
Patrol Agent Brian Terry was shot to death.64 Press accounts assert that ATF has acknowledged
that as many as 195 firearms that were purchased by persons under ATF investigation as part of
Operation Fast and Furious were recovered in Mexico.65 Questions, moreover, have been raised
about whether a firearm—an AK-47 style handgun—that was reportedly used to murder U.S. ICE
Special Agent Jamie Zapata and wound Special Agent Victor Avila in Mexico on February 15,
2011, was initially trafficked by a subject of a Houston, TX-based ATF Project Gunrunner
investigation.66
On June 14, 2011, Representative Darrell E. Issa and Senator Charles E. Grassley issued a joint
staff report on Operation Fast and Furious,67 which chronicled that ATF line supervisors became
increasingly concerned when they witnessed hundreds of firearms being illegally transferred
during surveillance operations, but they were reportedly directed not to arrest the suspects and
57 Congressional Documents and Publications, “Rehberg Leads Bipartisan Letter to ATF Questioning New Firearm
Dealer Regulations,” Representative Denny Rehberg news release, December 23, 2010.
58 Ibid.
59 Section 542 of H.R. 2596.
60 James V. Grimaldi and Sari Horwitz, “ATF Probe Strategy Is Questioned,” Washington Post, February 2, 2011, p.
A04.
61 Ibid.
62 Ibid.
63 John Solomon, David Heath, and Gordon Witkin, “ATF Let Hundreds of U.S. Weapons Fall Into Hands of
Suspected Mexican Gunrunners: Whistleblower Says Agents Strongly Objected to Risky Strategy,” Center for Public
Integrity.
64 Ibid.
65 Kim Murphy and Ken Ellingwood, “Mexico Demands Answers on Guns,” Chicago Tribune, March 11, 2011, p. 13.
66 Ibid.
67 U.S. Congress, Joint Staff Report, Department of Justice’s Operation Fast and Furious: Accounts of ATF Agents,
prepared for Representative Darrell E. Issa, Chairman, United States House of Representatives, Committee on
Oversight and Government Reform, and Senator Charles E. Grassley, Ranking Member, United States Senate,
Committee on the Judiciary, 112th Cong., 1st sess., June 14, 2011, http://oversight.house.gov/images/stories/Reports/
ATF_Report.pdf.
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interdict those firearms. Those agents contend that this was a questionable departure from past
investigative practices. On June 15, 2011, the House Committee on Oversight and Government
Reform held a hearing on these matters. Representative Issa, chairman of the committee,
expressed his concern that DOJ had not been entirely cooperative with his committee’s efforts to
investigate how some of those firearms found their way to crime scenes in Mexico and on the
Southwest border. Following the hearing, on June 29, 2011, Representative Elijah E. Cummings,
the committee’s ranking minority Member, issued a report and held a forum during which the
minority explored issues raised by some of those same ATF line supervisors, who had suggested
during the House hearing that the penalties for firearm straw purchases under current law are
arguably not stringent enough. The minority also discussed other gun control proposals related to
gun shows, semiautomatic assault weapons, .50-caliber sniper rifles, and additional penalties for
gun trafficking offenses.68
On July 26, 2011, the House Committee on Oversight and Government Reform held a follow-up
hearing on Operation Fast and Furious. As preceded the earlier hearing, a joint staff report was
issued.69 This report found that ATF and DOJ leadership had not informed its own Attaché
serving in Mexico City, the U.S. Ambassador to Mexico, nor the Mexican authorities about the
investigation.70 As recovered firearms in Mexico increased, the ATF Attaché in Mexico City
became more alarmed and contacted his superiors at ATF headquarters to express his grave
concerns about the implications that this increased flow of illegal firearms could have for both
Mexican and U.S. law enforcement officers as well as the public on both sides of the border. He
and others were told by both ATF and DOJ officials that the investigation was under control and
was having positive results.71 As noted above, however, Border Patrol Agent Terry was killed in a
firefight in December 2010, and firearms connected to Operation Fast and Furious were found at
the site of that firefight.
According to the Washington Post, the investigation ultimately involved 2,020 firearms, of which
227 have been recovered in Mexico and 363 have been recovered in the United States.72 So far,
Operation Fast and Furious has resulted in indictments of 20 individuals on multiple counts of
straw purchasing and other federal offenses.73 ATF officials maintain that the investigation has yet
to be concluded and additional arrests of “high-level traffickers” may be forthcoming.74
68 U.S. Congress, House Oversight and Government Reform Committee, Minority Staff Report, Outgunned: Law
Enforcement Agents Warn Congress They Lack Adequate Tools to Counter Illegal Firearms Trafficking, 112th Cong.,
1st sess., June 30, 2011, available at http://democrats.oversight.house.gov/images/stories/
OUTGUNNED%20Firearms%20Trafficking%20Report%20-%20Final.pdf. On July 15, 2011, Representative Carolyn
B. Maloney introduced the Stop Gun Trafficking and Strengthen Law Enforcement Act of 2011 (H.R. 2554). Original
cosponsors included Representative Cummings and Representative Carolyn McCarthy.
69 U.S. Congress, Joint Staff Report, Department of Justice’s Operation Fast and Furious: Fueling Cartel Violence,
prepared for Representative Darrell E. Issa, Chairman, United States House of Representatives, Committee on
Oversight and Government Reform and Senator Charles E. Grassley, Ranking Member, United States Senate,
Committee on the Judiciary, 112th Cong., 1st sess., July 26, 2011.
70 Ibid, p. 27.
71 Ibid.
72 Sari Horwitz, “A Gunrunning Sting Gone Fatally Wrong: Operation Meant to Seize Firearms Bound for Cartels
Allows Weapons into the Streets,” Washington Post, July 26, 2011, p. A1.
73 Ibid.
74 Ibid.
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As Senator Grassley originally called for, the House Committee on Appropriations included
report language that recommends the appointment of “an outside, independent investigator,” who
would be charged with conducting “a thorough investigation of the allegations against ATF with
respect to Operation Fast and Furious and policies guiding this and similar operations.”75 In
addition, the committee called on both DOJ and ATF to cooperate fully with related oversight
investigations, whether they be conducted by congressional committees, the DOJ OIG, or an
independent investigator.76 In report language, the Senate Committee stated that the OIG would
fulfill its oversight duties, and that Operation Fast and Furious was but a small part of ATF’s
Southwest border operations, which should not detract from the agency’s efforts to protect
Americans from illegal gun trafficking and other forms of cross-border crime.77 Nevertheless,
Operation Fast and Furious has led to the reassignment of Acting ATF Director Kenneth Melson
to another part of DOJ.78
Importability of Certain Shotguns
In addition, in January 2011, ATF released a report on the importability of certain shotguns that
include features (e.g., pistol grips, folding or collapsible stocks, laser sights, and the ability to
accept large capacity ammunition feeding devices) that ATF has determined to be non-sporting.79
In the past, ATF issued similar reports on semiautomatic firearms that were considered to be
“assault weapons,” which foreshadowed and justified further restrictions on the importation of
such firearms. Some observers anticipated that ATF was poised to implement similar restrictions
on the importation of shotguns. To prevent this from happening, the House Committee on
Appropriations adopted an amendment during the committee’s markup that would prevent ATF
from implementing new restrictions on the importation of shotguns.80
Other Possible Oversight Issues
Finally, the DOJ OIG has reported on two other oversight issues that could arise during
congressional consideration of the ATF FY2012 request. Those issues include ATF’s shared
jurisdiction with the FBI for explosives investigations,81 and its efforts to fulfill its Emergency
Support Function (ESF) #13 obligations under the National Response Framework.82 With regard
to explosives, the OIG found that DOJ’s ability to respond effectively to crimes involving
explosives had been hindered, because the ATF and FBI had developed parallel capabilities, but
had not adequately coordinated investigations.83 With regard to ESF #13, the OIG found that ATF
75 H.Rept. 112-169, p. 57.
76 Ibid.
77 S.Rept. 112-78, p. 59.
78 David Harrison, “ATF Head is Reassigned; Issa Says Probe Will Continue,” CQ Today, August 30, 2011.
79 U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Firearms and Explosives Industry
Division, ATF Study on the Importability of Certain Shotguns, January 2011, available at http://www.atf.gov/firearms/
industry/january-2011-importability-of-certain-shotguns.pdf.
80 Section 539 of H.R. 2596.
81 U.S. Department of Justice, Office of the Inspector General, Explosives Investigation Coordination Between the
Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives, Audit Report 10-01,
October 2009.
82 U.S. Department of Justice, Office of the Inspector General, Review of the Department’s Preparation to Respond to a
WMD Incident, May 2010, Evaluations and Inspections Report I-2010-004, May 2010.
83 For OIG finding, see Explosives Investigation Coordination Between the Federal Bureau of Investigation and the
(continued...)
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had drafted a concept of operations plan, but it was incomplete as of March 2010.84 As a
consequence, national and regional coordinators had not been appointed, operational training had
not been provided, available resources had not been catalogued (including law enforcement
officers who would be available for deputization), and preparedness had not been tested as part of
any national level exercises.85
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.86 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.87 BOP currently operates 116 correctional facilities
across the country.88 BOP also contracts with Residential Re-entry Centers (RRC) (i.e., halfway
houses) to provide assistance to inmates nearing release.89 RRCs provide inmates with a
structured and supervised environment along with employment counseling, job placement
services, financial management assistance, and other programs and services.90
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)91 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.
The bill reported by the Senate Committee on Appropriations includes $6.682 billion for BOP,
which includes $6.59 billion for the S&E account and $90.0 million for the B&F account. The
(...continued)
Bureau of Alcohol, Tobacco, Firearms and Explosives, October 2009, Audit Report 10-01, p. 12.
84 Among other things, the ATF anticipates leveraging federal, state, and local law enforcement assets to (1) secure an
incident site and critical facilities; (2) credential authorized emergency responders and provide for their safety; and (3)
control incoming and outgoing traffic. For OIG finding, see Ibid. and Review of the Department’s Preparation to
Respond to a WMD Incident, Evaluations and Inspections Report I-2010-004, May, 2010, p. 32.
85 Ibid.
86 U.S. Department of Justice, Bureau of Prisons, About the Bureau of Prisons, http://www.bop.gov/about/index.jsp.
87 U.S. Department of Justice, Bureau of Prisons, Mission and Vision of the Bureau of Prisons, http://www.bop.gov/
about/mission.jsp.
88 U.S. Department of Justice, Bureau of Prisons, About the Bureau of Prisons, http://www.bop.gov/about/index.jsp.
89 U.S. Department of Justice, Bureau of Prisons, Community Corrections, http://www.bop.gov/locations/cc/index.jsp.
90 Ibid.
91 For more information on FPI, see CRS Report RL32380, Federal Prison Industries, by Nathan James.
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amount recommended by the Senate Committee on Appropriations is 4.3% more than the amount
included in the House committee-reported bill and 4.7% more than the bureau’s FY2011
appropriation, but it is 2.1% less than the Administration’s FY2012 request. The House
committee-reported bill includes $6.408 billion for BOP, which includes $6.306 billion for the
S&E account and $98.9 million for the B&F account. The committee’s recommendation for BOP
is 6.1% below the Administration’s FY2012 request, but 0.4% greater than BOP’s FY2011
appropriation. For FY2012, the Administration requests a total of $6.826 billion for BOP, which
includes $6.724 billion for the S&E account and $99.4 million for the B&F account. The FY2012
request is $442.3 million above the FY2011-enacted amount of $6.384 billion, or 6.9% more than
FY2011-enacted funding. The proposed amount for the S&E account is $441.9 million more than
the FY2011-enacted amount of $6.282 billion, and the proposed funding for the B&F account is
$0.4 million more than the FY2011-enacted amount of $99.0 million.
The growing federal prison population and prison crowding continue to be a major concern for
BOP. The number of inmates held in BOP facilities grew from 125,560 in FY2000 to 173,305 in
FY2010.92 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 116.93 BOP estimates that by FY2018 the federal prison system will be operating at 41% over
rated capacity.94 The growing federal prison population has not only resulted in more crowded
prisons, but it has also strained BOP’s ability to properly manage and care for federal inmates.
BOP reports that the staff-to-inmate ratio has increased from 3.57 to 1 in FY1997 to 4.82 to 1 in
FY2010.95 As a point of comparison, BOP reports that in FY2007, the five states with the largest
prison populations had a staff-to-inmate ratio of 3.33 to 1.96 The growing federal prison
population has also required BOP to dedicate more resources to caring (e.g., providing health
care, food, and clothing) and providing programming (e.g., substance abuse treatment,
educational programming, and work/vocational opportunities) for inmates. In addition, the
Second Chance Act of 2007 (P.L. 110-199) required BOP to develop comprehensive reentry
planning for federal inmates.
In order to meet the demands placed on it by a growing inmate population and legislative
requirements, the Administration requests $256.0 million in program changes. The additional
funding would be used to cover costs associated with more inmates in the federal system ($32.4
million), activate three new facilities ($140.4 million),97 increase staffing levels in existing federal
prisons ($109.8 million), and expand residential substance abuse treatment and vocational
education ($22.2 million). The House committee-reported bill does not contain funding for most
of these activities. As noted above, the House Committee on Appropriations proposes to increase
BOP’s FY2012 appropriation by $30.0 million, which is less than the amount the Administration
requested to cover the costs associated with the growing federal prison population. The
committee directs BOP to prioritize the activation of two completed federal prisons within the
92 Data provided to CRS from the U.S. Department of Justice, Bureau of Prisons.
93 Ibid.
94 U.S. Department of Justice, Bureau of Prisons, FY2012 Performance Budget, Congressional Submission, Salaries
and Expenses, p. 2, http://www.justice.gov/jmd/2012justification/pdf/fy12-bop-se-justification.pdf.
95 Ibid., p. 9.
96 Ibid.
97 The requested funding for activating three new prisons assumes that BOP purchased a high-security facility in
Thomson, IL. Congress did not provide funding for the purchase of this facility.
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amounts that would be provided by the committee.98 As noted above, the Senate Committee on
Appropriations would increase BOP’s S&E account by nearly $308 million compared to FY2011
funding. The committee notes that it is providing BOP with enough funding to fill 274 vacant
correctional worker position, so that BOP can safely manage the federal prison population and
hire enough correctional staff to meet the 90% on-board level of staffing recognized by BOP as
the minimal level of staffing required to properly administer the federal prison system.99 The
committee also includes funding for BOP to activate prisons that have been built but have not
been opened due to current budgetary constraints.100
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 Senate committee-reported bill includes a total of
$438.2 million for OVW, which includes $417.7 for OVW grant programs, and $20.6 million in a
separate account for OVW’s salaries and expenses. The total amount recommended by the
committee is 0.2% less than the amount recommended by the House Committee on
Appropriations, 1.5% more than the Administration’s request and 4.9% more than the FY2011
appropriation. The House Committee on Appropriations recommends $437.2 million for OVW
for FY2012, but this includes $20.0 million for OVW’s salaries and expenses, which were funded
out of a separate appropriation for FY2011 (see Table 3). The committee-recommended amount
is 1.3% above the FY2012 request and 4.7% more than the FY2011-enacted appropriation. The
Administration requests $431.8 million for OVW for FY2012, which is 3.4% more than the
FY2011-enacted appropriation of $417.7 million.
The Administration’s request and the FY2011 appropriation do not include any salaries and
expenses funding that was transferred from the OVW, OJP, and COPS Salaries and Expenses
account (see Table 3). Hence, the Senate and House committee-reported, which include salaries
and expenses funding, appear to recommend more for OVW for FY2012, but if the salaries and
expenses funding is not considered, the Senate and House committee-reported amounts are
comparable to the FY2011-enacted amount and less than the Administration’s request.
As a part of the FY2012 request for OVW, the Administration proposes to consolidate four
existing grant programs—Services to Advocate for and Respond to Youth ($3.5 million), Services
for Children Exposed to Violence ($3.0 million), Engaging Men and Youth in Prevention ($3.0
million), and Supporting Teens Through Education and Protection ($2.5 million)—into one
competitive grant program. According to the Administration, the program will allow OVW to
“leverage resources for maximum impact in communities by funding comprehensive projects that
98 U.S. Congress, House Committee on Appropriations, Subcommittee on Commerce, Justice, Science, and Related
Agencies, Commerce, Justice, Science, and Related Agencies Appropriations Bill, 2012, Report to accompany H.R.
2596, 112th Cong., 1st sess., July 20, 2011, H.Rept. 112-169 (Washington: GPO, 2011), p. 57.
99 U.S. Congress, Senate Committee on Appropriations, Subcommittee on Commerce, Justice, Science, and Related
Agencies, Commerce and Justice, and Science, and Related Agencies Appropriations Bill, 2012, Report to accompany
S. 1572, 112th Cong., 1st sess., September 15, 2011, S.Rept. 112-78 (Washington: GPO, 2011), p. 61.
100 Ibid., p. 62.
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include both youth service and prevention components.”101 The Administration requests $14.0
million for this proposed competitive grant program. The House Committee on Appropriations
did not follow the Administration’s proposal. Rather, the committee recommends appropriating
funding for each program the Administration sought to consolidate. The Senate Committee on
Appropriations recommends $10.0 million for the Administration’s proposed program.
101 U.S. Department of Justice, Office on Violence Against Women, FY2012 Performance Budget, Congressional
Submission, p. 9, http://www.justice.gov/jmd/2012justification/pdf/fy12-ovw-justification.pdf.
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Table 4. Funding for OVW Programs
(budget authority in millions of dollars)
House
Senate
FY2011
FY2012
Committee
Committee
FY2012
Program
Enacted
Request
Reported
Reported
Enacted
STOP Grants
$209.6
$182.0 $209.8 $194.0
National Institute of Justice (R&D)
3.0
— 3.0 —
Transitional Housing Assistance
18.0
— 17.9 —
Children Exposed to Violence
Initiative —
— —
10.0
National Institute of Justice (R&D)
—
3.0 — 3.0
Transitional Housing Assistance
—
25.0 —
25.0
Grants to Encourage Arrest Policies
59.9
47.5 54.9 45.9
Homicide Reduction Initiative
—
— — 5.0
Rural Domestic Violence Assistance Grants
40.9
38.0 41.0 34.0
Violence on Col ege Campuses
9.5
9.5 9.5 9.0
Civil Legal Assistance
40.9
50.0 41.0 45.0
Sexual Assault Victims Services
15.0
35.0 20.0 25.0
Elder Abuse Grant Program
4.2
4.3 4.3 4.0
Safe Havens Project
14.0
11.3 11.7 11.3
Education and Training for Disabled Female
Victims 6.7
5.8 5.8 5.0
Court Training and Improvement
3.0
5.0 5.0 4.0
Family Court Initiative
—
— — 1.0
Research on Violence Against Indian
Women
—a
1.0 1.0 1.0
Consolidated Youth Oriented Program
—
14.0 —
10.0
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
— — —
Engaging Men and Youth in Prevention
3.0
— 3.0 —
National Resource Center on Workplace
Responses 1.0
— 1.0 1.0
Supporting Teens Through Education and
Protection 2.5
— 2.5 —
National Clearinghouse to Provide Training
and Technical Assistance on Issues Related
to Violence Against American Indian and
Native Alaskan Women
—
0.5 — —
Indian Country Sexual Assault
Clearinghouse —
— 0.5 1.0
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House
Senate
FY2011
FY2012
Committee
Committee
FY2012
Program
Enacted
Request
Reported
Reported
Enacted
OVW Program Management and
Administration —
— 20.0 —
Total: OVW
417.7
431.8 437.2 417.7
Source: FY2011-enacted amounts are based on a CRS analysis of the text of P.L. 112-10. FY2012-requested
amounts were taken from the Office on Violence Against Women’s FY2012 Congressional budget submission.
House committee-reported amounts were taken from H.Rept. 112-169. Senate committee-reported amounts
were taken from S.Rept. 112-78.
Note: Amounts may not add to totals due to rounding. The House committee-reported amounts include the
0.1% rescission specified in Section 543 of H.R. 2596.
a. See Table 6 for FY2011-enacted funding for this program.
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. The Senate Committee on Appropriations
recommends a total of $1.632 billion for OJP, and amount that is 24.7% greater than the amount
recommended by the House Appropriations Committee, but 4.6% less than the Administration’s
request and 3.9% less than the FY2011 appropriation. The House Committee on Appropriations
recommends $1.309 billion for OJP for FY2012, an amount that is 23.5% less than the
Administration’s FY2012 request and 22.9% less than the FY2011 appropriation for OJP. The
committee also proposes to consolidate funding for juvenile justice and COPS programs under
the State and Local Law Enforcement Assistance account. The FY2012 requested appropriation
for OJP is $1.715 billion. The request is $17.4 million, or 1.0%, more than what was appropriated
for FY2011.
One issue Congress might consider as it debates FY2012 funding for OJP is whether to reduce
funding for some or all grant programs. Recently, Congress has sought to reduce non-security
discretionary spending as a means of reigning-in federal deficits and accounts that fund DOJ
grant programs have been targeted for potential cuts. Proposals to reduce or eliminate funding for
DOJ grant programs has stirred some measure of controversy. In general, opponents of cuts assert
that these grant programs provide assistance to state and local governments to fight crime and
provide for the safety of the American populace and this aid is needed more now than ever given
that many states are facing budget shortfalls. Proponents for cuts to DOJ grant programs argue
that states are responsible for the administration of their criminal justice systems and it is not the
federal government’s role to support state efforts to investigate crimes and prosecute and sanction
offenders, especially at a time when the federal government is borrowing to finance the annual
budget.
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. The Senate committee-reported bill includes $121.0 million for the
Justice Assistance account, which is 33.7% less than the House committee-reported amount,
32.2% less than the Administration’s request and 48.4% less than the FY2088 appropriation. The
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Senate Committee on Appropriation recommends funding the missing and exploited children’s
program under the Juvenile Justice Programs account rather than the Justice Assistance account,
where the program has traditionally received it appropriation. The House committee-reported bill
includes $182.4 million for the Justice Assistance account. The committee’s proposal is 2.2%
greater than the Administration’s request, but 22.2% below the FY2011-enacted amount. For
FY2012, the Administration requests $178.5 million for the Justice Assistance account, which is
23.9% less than the FY2011 appropriation of $234.5 million.
Table 5. Funding for Justice Assistance Programs
(budget authority in millions of dollars)
House
Senate
FY2011
FY2012
Committee Committee
FY2012
Program
Enacted
Request
Reported
Reported
Enacted
Bureau of Justice Statistics
$59.9
$57.5
$46.6
$45.0
National Institute of Justice
47.9
55.0
41.0
40.0
Statewide Automated Victim
Notification System
12.0
—
—
—
Regional Information Sharing System
44.9
—a 25.0 35.0
Missing and Exploited Children
69.9
60.0
69.9
—b
State and Local Help Desk and
Diagnostic Center Program
—
6.0
—
—
Evaluation Clearinghouse
—
—
—
1.0
Total: Justice Assistance
234.5
178.5
182.4
121.0
Source: FY2011-enacted amounts are based on a CRS analysis of the text of P.L. 112-10. FY2012-requested
amounts were taken from the Office of Justice Program’s FY2012 Congressional budget submission. House
committee-reported amounts were taken from H.Rept. 112-169. Senate committee-reported amounts were
taken from S.Rept. 112-78.
Note: Amounts may not add to totals due to rounding. The House committee-reported amounts include the
0.1% rescission specified in Section 543 of H.R. 2596.
a. See Table 6 for FY2012-requested funding for this program.
b. See Table 7 for the Senate committee-reported amount for this program.
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 Senate committee-reported bill includes
$1.063 billion for the State and Local Law Enforcement Assistance account, an amount that is
9.9% more than the amount recommended by the House Committee on Appropriations, but 9.4%
less than the Administration’s request and 4.9% less than the FY2011-enacted appropriation.
However, the Senate Committee on Appropriations did not include funding for OJP’s salaries and
expenses under the State and Local Law Enforcement Assistance account like the House
Committee on Appropriations did in its bill. Instead, the Senate Committee for Appropriations
included $78.3 million for OJP’s salaries and expenses in a separate account. The House
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Committee on Appropriations recommends $1.048 billion for the State and Local Law
Enforcement Assistance account for FY2012, which includes $79.9 million for OJP’s salaries and
expenses. This amount is 10.7% less than the Administration’s FY2012 request and 6.3% less
than the FY2011 appropriation. The Administration requests a total of $1.174 billion for the State
and Local Law Enforcement Assistance account for FY2012, which is $55.7 million, or 5.0%,
more than the FY2011 appropriation for this account ($1.118 billion).
As mentioned above, the House Committee on Appropriations recommends consolidating
funding for juvenile justice and COPS grants under the State and Local Law Enforcement
Assistance account. For example, the House Committee on Appropriations includes $40.0 million
for juvenile justice state formula grants and $82.9 million for youth mentoring grants under the
State and Local Law Enforcement Assistance account. FY2011 appropriations for both programs
were a part of the Juvenile Justice Programs account. Moreover, the House Committee on
Appropriations includes $125.2 million for the Debbie Smith DNA Backlog Grant program and
$20.0 million for a tribal law enforcement programs under the State and Local Law Enforcement
Assistance account. In FY2011, appropriations for both of these programs were a part of the
Community Oriented Policing Services account.
As a part of the FY2012 request for the State and Local Law Enforcement Assistance account, the
Administration does not request funding for both the drug court and mental health court
programs. Rather, the Administration requests $57.0 million for a proposed drug, mental health,
and problem-solving courts program. Under the program, OJP would have, according to the
Administration, “increased flexibility in funding innovative projects [to] help state, local, and
tribal governments develop and implement evidence-based problem solving courts strategies to
address their unique needs.”102 The House Committee on Appropriations did not follow the
Administration’s request. Instead, the committee recommends $40.0 million for drug courts and
$10.0 million for mental health courts. While the Senate Committee on Appropriations did not
propose to consolidate juvenile justice and COPS funding under the State and Local Law
Enforcement Assistance account, the committee-reported bill did include a proposal to move
funding for several programs that have traditionally received their appropriations under the COPS
account (e.g., funding to reduce DNA backlogs and the bulletproof armor vest grant program) to
the State and Local Law Enforcement Assistance account.
The Administration also requests funding a proposed Byrne Criminal Justice Innovation (BCJI)
Program. This program would replace and build upon the Weed and Seed program (the Weed and
Seed program was not funded for FY2011). Like Weed and Seed, the proposed BCJI program is a
community-based strategy to control and prevent violent crime, drug abuse, and gang activity in
designated high-crime neighborhoods by providing funding to support partnerships between law
enforcement agencies and community-based organizations that provide prevention, intervention,
and neighborhood restoration services. The program will utilize evidence-based strategies in
order to expand knowledge of what efforts and services do and do not work to prevent crime. The
program will also include a significant emphasis on interagency collaboration. The House
Committee on Appropriations chose not to recommend funding for this program, but the Senate
Committee on Appropriations included
102 U.S. Department of Justice, Office of Justice Programs, FY2012 Performance Budget, p. 56, http://www.justice.gov/
jmd/2012justification/pdf/fy12-ojp-justification.pdf.
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Table 6. Funding for State and Local Law Enforcement Assistance Programs
(budget authority in millions of dollars)
House
FY2011
FY2012
Committee
Senate
FY2012
Program
Enacted
Request
Reported
Passed
Enacted
Byrne Memorial Justice Assistance
Grants
$429.9 $519.0
$356.9 $395.0
Transfer to the National Institute of
Justice
4.1 —
— —
State and Local Intelligence Training
2.5 2.0
— 3.0
Bulletproof Vests Grant Program
—a 30.0
— —
Domestic Radicalization Research
— —
5.0 —
Criminal Justice Reform and
Recidivism Reduction
— —
6.0 —
Presidential Nominating Convention
Security
— —
4.0 —
State and Local Assistance Help
Desk and Diagnostic Center
— —
— 4.0
Smart Probation
— —
— 5.0
VALOR Initiative
— —
— 3.0
Byrne Competitive Grants
33.1 25.0
15.0 21.0
State Criminal Justice Reform and
Recidivism Reduction
8.3
—
— —
John R. Justice Grant Program
8.3
—
— 5.0
Tribal Assistance
41.4
—
41.5 —
Detention Facilities
8.3
—
8.3 —
Courts
20.7
—
20.8 —
Alcohol and Substance Abuse
9.9
—
10.0 —
Legal Assistance
2.5
—
2.5 —
State Criminal Alien Assistance Program
273.4 136.0
— 273.0
Southwest Border Prosecutions
25.7 — 25.7 —
Northern Border Prosecutions
2.5 —
— —
Border Prosecution Initiatives
— —
— 20.0
Victims of Trafficking Grants
10.4 10.0
10.5 10.5
Residential Substance Abuse Treatment
24.9 30.0
15.0 10.0
Mentally Ill Offenders Act
9.9 — 10.0 9.0
Drug Courts
37.3 — 40.0 35.0
Prescription Drug Monitoring
5.8 —
7.0 —
Prison Rape Prevention and Prosecution
12.4 5.0
12.5 —
Justice for All—Capital Litigation/
Wrongful Conviction Review
4.6 5.5
1.0 4.0
Missing Alzheimer’s Patient Grants
1.7 —
2.0 —
Economic, High-tech and Cybercrime
Prevention
16.6 —
4.0 10.0
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House
FY2011
FY2012
Committee
Senate
FY2012
Program
Enacted
Request
Reported
Passed
Enacted
CASA-Special Advocates
12.4 —
6.0 2.5
Training for Judicial Personnel
2.1 —
— 1.5
Stalking Database
2.5 —
— —
Research on Violence Against Indian
Women
1.0 —
— —
Training Program to Assist Probation
and Parole Officers
2.9 —
— —
Closed Circuit Television Grants
1.0 —
— —
Second Chance Act
82.8 100.0
69.9
—
Violent Gang and Gun Crime Reduction
12.4 12.5
— 10.0
National Instant Criminal Background
Check System Grants
16.6 12.0
5.0 10.0
National Criminal History Improvement
Program (NCHIP)
9.5 12.0
6.0 8.0
Paul Coverdell Forensic Science Grants
29.0 —
— 15.0
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
— 8.0
— —
Justice Information Sharing and
Technology Program
— 12.0
— —
Implementation of the Adam Walsh Act
— 30.0
— 23.0
Programs for Children Exposed to
Violence
— 25.0
— 10.0
Byrne Criminal Justice Innovation
Program
— 30.0
— 20.0
DNA Initiative and Forensic Programs
— 110.0
—
—
Regional Information Sharing System
—b 17.5
— —
National Sex Offender Public Website
—a 1.0
— 1.0
Training and Technical Assistance
Initiative for Law Enforcement on
Domestic Radicalization
— 2.5
— —
Preventing Violence Against Law
Enforcement Officer Resilience and
Survivability Initiative
— 3.5
— —
National Forum on Youth Violence
Prevention
— —
— 3.0
Bulletproof Vests Grant Program
— — 24.9c 24.9c
JJDPA Part B—State Formula
— — 40.0d —
Youth Mentoring Grants
— — 82.9d —
Investigation and Prosecution of Child
Abuse Programs
— — 15.0d —
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House
FY2011
FY2012
Committee
Senate
FY2012
Program
Enacted
Request
Reported
Passed
Enacted
Methamphetamine Hot-spots/Transfer to
the Drug Enforcement Administration
— — 15.0e —
DNA Backlog Reduction
—
—
133.5f 131.0f
Debbie Smith DNA Backlog Grants
—
—
125.2f 123.0f
Post-conviction DNA Testing
Grants —
—
4.2f 4.0f
Sexual Assault Nurse Examiners
—
—
4.2f 4.0f
Tribal Resources Grant Program
—
—
20.0e —
Child Sexual Predator Program
—
—
9.0e —
General State and Local Assistance
—
—
—
11.1
OJP Program Management and
Administration —
—
79.9
—
Total: State and Local Law
Enforcement
1,117.8 1,173.5
1,047.9 1,063.5
Source: FY2011-enacted amounts are based on a CRS analysis of the text of P.L. 112-10. FY2012-requested
amounts were taken from the Office of Justice Program’s FY2012 Congressional budget submission. House
committee-reported amounts were taken from H.Rept. 112-169. Senate committee-reported amounts were
taken from S.Rept. 112-78.
Note: Amounts may not add to totals due to rounding. The House committee-reported amounts include the
0.1% rescission specified in Section 543 of H.R. 2596.
a. See Table 8 for FY2011-enacted funding for this program.
b. See Table 5 for FY2011-enacted funding for this program.
c. See Table 8 for FY2011-enacted funding for this program. The Administration’s FY2012 request for this
program is included under the Edward Byrne Memorial Justice Assistance Grant Program.
d. See Table 7 for FY2011-enacted funding and FY2012-requested funding for this program.
e. See Table 8 for FY2011-enacted funding and FY2012-requested funding for this program.
f.
See Table 8 for FY2011-enacted funding for this program.
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. The Senate Committee on Appropriations recommends $251.0 million
for juvenile justice programs for FY2012. This amount is 8.9% less than the FY2011-enacted
level of $275.4 million and 10.4% less than the $280.0 million requested by the Administration
for FY2012. See Table 7 for details on the Senate Committee on Appropriations’
recommendations for FY2012 juvenile justice funding.
For FY2012, the House Committee on Appropriations is not recommending funding for juvenile
justice programs under a separate Juvenile Justice Programs account. Instead, several programs
that have been previously funded under this account—including the Juvenile Justice and
Delinquency Prevention Act (JJDPA) Part B Formula Grants, Juvenile Justice Youth Mentoring
Grants, and Investigation and Prosecution of Child Abuse Programs—would be funded under the
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Office of Justice Programs’ State and Local Law Enforcement Assistance account. See Table 6
for proposed funding.
For FY2012, the Administration’s request includes $280.0 million for the Juvenile Justice
Programs account, almost $4.6 million (or 1.7%) more than the $275.4 million appropriated for
this account for FY2011. For FY2012, the Administration’s request includes a proposal for a new
Race to the Top-style Juvenile Incentive System Improvement Grant that consolidates existing
juvenile justice formula funding from the JJDPA Part B Formula Grants program as well as the
Juvenile Accountability Block Grant (JABG) program. This new program would be aimed at
incentivizing states for making progress on certain indicators in the juvenile justice system.
Proposed funding would only be available for states in compliance with core mandates from the
JJDPA.103 Neither the Senate or House Committee on Appropriations adopted the
Administration’s proposal.
103 In an April 1, 2011, press release, the Office of Juvenile Justice and Delinquency Prevention (OJJDP) announced
that it was amending it’s FY2012 proposal for the Juvenile Justice System Incentive Grant Program. Instead of
requesting $120 million for the program, OJJDP proposed that the FY2012 request for the Juvenile Justice Programs
account include $80 million for Part B Formula Grants, $30 million for JABG, and $10 million for a demonstration
program to encourage innovation and juvenile justice system improvements. The amendment was prompted by
feedback OJJDP received from states, the juvenile justice community, and congressional offices. However, the
Administration has not submitted a formal amendment to its FY2012 request for the Juvenile Justice Programs account.
As such, Table 7 reflects the Administration’s original request for FY2012 funding for the Juvenile Justice Programs
account. U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, Administration Revises
Proposal on Race to the Top Funding for Juvenile Justice, April 1, 2011, http://www.ojjdp.gov/enews/11juvjust/
110401.html.
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Table 7. Funding for Juvenile Justice Programs
(budget authority in millions of dollars)
House
Senate
FY2011
FY2012
Committee Committee
FY2012
Program
Enacted
Request
Reported
Reported
Enacted
Part B—State Formula
$62.1 — —a $45.0
Part E—Demonstration Projects
— — — —
Youth Mentoring Grants
82.8 45.0
—a 55.0
Title V—Incentive Grants
53.8 62.0
— 33.0
Tribal Youth
20.7 — — 15.0
Gang Prevention
8.3 — — 8.0
Alcohol Use Prevention
20.7 — — 10.0
Incentive Grants
4.1 — — —
Investigation and Prosecution of Child
Abuse Programs
18.6 20.0
—a 20.0
Juvenile Accountability Block Grants
45.6 — — 30.0
Community-based Violence
Prevention Initiative
8.2 15.0
— 8.0
Safe Start
4.1 — — —
Gang and Youth Violence Prevention
and Intervention
— 12.0
—
—
Juvenile Justice System Incentive Grant
Program
— 120.0
—
—
Grants and Technical Assistance in
Support of the National Forum on
Youth Violence Prevention
— 6.0 — —
Missing and Exploited Children
Programs
60.0b
Total: Juvenile Justice Programs
275.4 280.0
— 251.0
Source: FY2011-enacted amounts are based on a CRS analysis of the text of P.L. 112-10. FY2012-requested
amounts were taken from the Office of Justice Program’s FY2012 Congressional budget submission. House
committee-reported amounts were taken from H.Rept. 112-169. Senate committee-reported amounts were
taken from S.Rept. 112-78.
Note: Amounts may not add to totals due to rounding.
a. See Table 6 for the House committee-reported amount for this program
b. See Table 5 for FY2011-enacted funding for this program.
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 Senate
Committee on Appropriation recommends $78.3 million for PSOB, which is the same a the
amount recommended by the House Committee on Appropriations and the Administration’s
request and 11.7% more than the FY2011 appropriation. The House committee-reported bill
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includes $78.3 million for PSOB, an amount equal to the Administration’s request and 11.7%
more than the FY2011-enacted amount. The Administration requests $83.3 million for PSOB for
FY2012. The requested amount is 18.9% more than the FY2011 appropriation 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 Senate Committee on Appropriation
recommends $231.5 million for COPS for FY2012. This amount is 65.4% less than the
Administration’s request and 53.2% less than the FY2011-appropriation. In addition, the Senate
committee-reported bill includes $24.5 million for COPS’ salaries and expenses in a separate
account. The House Committee on Appropriations did not include any funding for the
Community Oriented Policing Services account in the FY2012 CJS bill. As mentioned above, the
committee did recommend funding for some traditional COPS programs under the State and
Local Law Enforcement Assistance account. For FY2012, the Administration requests $669.5
million for COPS, which is 35.3% more than the FY2011 appropriation of $494.9 million.
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Table 8. Funding for Community Oriented Policing Services Programs
(budget authority in millions of dollars)
House
Senate
FY2011
FY2012
Committee
Committee
FY2012
Program
Enacted
Request
Reported
Reported
Enacted
COPS Hiring Program
$246.8
$600.0
—
$200.0
Tribal Resources Grant Program
28.0
Community Policing Development
10.0
COPS Technology and Interoperability
1.2
—
—
—
Transfer to the National Institute
of Standards and Technology
1.2
—
—
1.5
Methamphetamine Hot Spots
12.4
—
—
—
Transfer to the Drug Enforcement
Administration 8.3
—
—a 10.0
Tribal Meth Enforcement Grants
4.1
—
—
—
Tribal Resources Grant Program
33.1
20.0
—a 20.0
Bul et-proof Vests Grant Program
24.9
—b — —
Transfer to the National Institute
of Standards and Technology
1.2
—
—
—
DNA Backlog Reduction
133.4
—b
—a —
Debbie Smith DNA Backlog Grants
125.1
—
—a —
Post-conviction DNA Testing
Grants 4.1
—
—a —
Sexual Assault Nurse Examiners
4.1
—
—a —
Child Sexual Predator Elimination/ Sex
Offender Management
19.9
9.0
—a —
Sex Offender Management
9.1
—b — —
National Sex Offender Public
Website 1.0
—b — —
Secure Our Schools Act
13.3
10.0
—
—
Community Policing Development
9.9
20.5
—
—
Police Integrity Initiative
—
10.0
—
—
Total: Community Oriented
Policing Services
494.9
669.5
— 231.5
Source: FY2012-enacted amounts are based on a CRS analysis of the text of P.L. 112-10. FY2012-requested
amounts were taken from the Community Oriented Policing Services Office’s FY2012 Congressional budget
submission. House committee-reported amounts were taken from H.Rept. 112-169. Senate committee-
reported amounts were taken from S.Rept. 112-78.
Note: Amounts may not add to totals due to rounding.
a. See Table 6 for the House committee-reported amount for this program,
b. See Table 6 for FY2012-requested funding for this program.
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The Administration, as a part of its $669.5 million request for COPS for FY2012, requests $600.0
million for hiring programs, compared to the $246.8 million Congress appropriated for the same
purpose for FY2011. One issue before Congress as it considers the FY2012 appropriation for
COPS is whether to fund the Administration’s request for $600.0 million for hiring programs. The
COPS Office reported that it received nearly 7,300 applications requesting a total of $8.3 billion
to fund the hiring or retention of 39,000 police officers when it opened a solicitation to award the
$1.0 billion it received under the American Recovery and Reinvestment Act of 2009 (P.L. 111-
5).104 The COPS Office used the $298.0 million Congress appropriated for hiring programs for
FY2010 to award grants to the more than 6,100 agencies that applied for stimulus funding but did
not receive awards.105 However, as discussed above, there is currently a debate about FY2012
funding for non-security discretionary spending, and if Congress chooses to reduce funding for
DOJ, appropriations for some programs will have to be reduced or eliminated. Opponents of
continuing funding for the COPS hiring program assert that law enforcement is largely the
providence of state and local governments; therefore, they should be responsible for paying the
salaries of police officers. Proponents of continuing funding for the program argue that there is a
national interest in providing for the safety and security of U.S. citizens, hence Congress should
help state and local governments hire new police officers. The House committee-reported bill did
not include any funding for the COPS hiring program, but the Senate committee-reported bill
includes $200.0 million for hiring programs to help state, tribal, and local governments retain or
hire new law enforcement officers.
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.”106 Neither
the Senate or House Committee on Appropriations proposed funding for a separate salaries and
expenses account for OVW, OJP, and COPS. Rather, the Senate committee-reported bill includes
funding for OVW, OJP, and COPS salaries and expenses under separate accounts while the House
committee-reported bill includes funding for OVW and OJP’s salaries and expenses under,
respectively, the OVW and State and Local Law Enforcement Assistance accounts. The FY2012
request for this account is $271.8 million, or 45.7% more than the FY2011 appropriation of
$186.6 million.
Science Agencies
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.
104 U.S. Department of Justice, Community Oriented Policing Services Office, 2009 COPS Hiring Recovery Program
Post-award Frequently Asked Questions, http://www.cops.usdoj.gov/Default.asp?Item=2265.
105 U.S. Department of Justice, Community Oriented Policing Services, COPS Hiring Program (CHP), Background
and Award Methodology, http://www.cops.usdoj.gov/Default.asp?Item=2552.
106 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.
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FY2011 and FY2012 Appropriations
The Senate Committee on Appropriations recommends a total of $24.643 billion for the science
agencies, which is 4.2% more than the amount recommended by the House Committee on
Appropriations, but 7.0% less than the Administration’s FY2012 request and 2.7% below the
FY2011 appropriation. The bill reported by the House Committee on Appropriations includes a
total of $23.649 billion for the science agencies. This amount is $2.848 billion, or 10.7%, less
than the Administration’s FY2012 request and $1.665, or 6.6%, less than the FY2011-enacted
amount. For FY2012, the Administration requests a total of $26.498 billion for the science
agencies, which includes $18.724 billion for the National Aeronautics and Space Administration
and $7.767 billion for the National Science Foundation. The FY2012 request is 4.7% greater than
the FY2011 appropriation of $25.315 billion.
Table 9. Funding for Science Agencies
(budget authority in millions of dollars)
House
Senate
FY2011
FY2012
Committee
Committee
FY2012
Accounts
Enacted
Request
Reported
Reported
Enacted
Office of Science and
Technology Policy (OSTP)
$6.6
$6.7
$3.0
$6.0
National Aeronautics and
Space Administration
(NASA) 18,448.0
18,724.3
16,793.4
17,938.8
National Science Foundation
(NSF) 6,859.9
7,767.0
6,853.0
6,698.1
Total: Science Agencies
25,314.5
26,498.0
23,649.5
24,642.9
Source: FY2011-enacted amounts, FY2012-requested amounts, and House committee-reported amounts were
taken from H.Rept. 112-169. Senate committee-reported amounts were taken from S.Rept. 112-78.
Note: Amounts may not add to totals due to rounding. The House committee-reported amounts include the
0.1% rescission specified in Section 543 of H.R. 2596.
Office of Science and Technology Policy (OSTP)107
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),108 which coordinates science and technology policy across the federal
government, and co-chairs the President’s Council of Advisors on Science and Technology
(PCAST),109 a council of external advisors that provides advice to the President on matters related
107 This section was prepared by Dana A. Shea, Specialist in Science and Technology Policy, Resources, Science, and
Industry Division.
108 The National Science and Technology Council was established by Executive Order 12881.
109 The President’s Council of Advisors on Science and Technology was established by Executive Order 13226.
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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.110
The Senate Committee on Appropriations recommends $6.0 million for OSTP. This amount is
100.2% greater than recommended by the House Committee on Appropriations, 9.8% less than
the Administration’s FY2012 request, and 9.7% less than the FY2011-enacted amount. The
Senate committee report directs OSTP to remain engaged with international partners in order to
pursue large projects “frugally, in partnership.”
The House Committee on Appropriations recommends $3.0 million for OSTP. This amount is
54.9% less than the Administration’s FY2012 request and 54.9% less than the FY2011-enacted
amount. The House committee report directs OSTP to prioritize its funding toward coordinating
and improving government programs in science, technology, engineering, and mathematics
(STEM) education.
For FY2012, the Administration requests $6.7 million, $3,000 (0.0%) above its FY2011-enacted
level. According to OSTP Director John Holdren, the request recognizes “the need for shared
sacrifice to freeze non-security discretionary spending.”111 The request would support four
Senate-confirmed associate directors.112 The NSF again requests FY2012 funding for STPI ($3.1
million, an increase of $100,000 (3.3%) from FY2010). FY2011-enacted appropriations for OSTP
were $6.6 million. Appropriations for STPI fall below the appropriations-account level and thus
were not identified.
National Aeronautics and Space Administration (NASA)113
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 requests $18.724 billion for NASA for FY2012. This is 1.5% more than the
$18.448 billion appropriated for FY2011 and 3.7% less than the $19.450 billion authorized for
FY2012 in the NASA Authorization Act of 2010 (P.L. 111-267). The House Committee on
Appropriations recommends $16.793 billion. The Senate Committee on Appropriations
recommends $17.939 billion. See Table 10 for a breakdown of each of these amounts by
appropriations account.
The Administration’s $5.017 billion request for NASA’s Science account in FY2012 would be a
1.6% increase from FY2011. Within this total, the $1.797 billion request for Earth Science would
continue a global climate research initiative proposed in FY2011 and support the development
110 The other EOP office funded under the CJS appropriations bill is the Office of the United States Trade
Representative.
111 Testimony of Dr. John P. Holdren, Director, Office of Science and Technology Policy, Executive Office of the
President of the United States, before the House Committee on Science, Space and Technology, February 17, 2011.
112 The OSTP associate director for technology also serves as Chief Technology Officer.
113 This section was prepared by Daniel Morgan, Specialist in Science and Technology Policy, Resources, Science, and
Industry Division.
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and launch of several missions recommended by the 2007 National Academies decadal survey.114
The Science account now includes a separate line item for the James Webb Space Telescope
(JWST). An independent review of JWST in October 2010 estimated that the project was 15
months behind schedule and $1.4 billion over budget.115 The revised JWST program NASA
developed in response to this finding reportedly includes an estimated cost of $8.7 billion and a
launch date in October 2018.116 The House committee recommends $4.499 billion for Science,
including $1.697 billion for Earth Science and no funding for JWST. The Senate committee
recommends $5.100 billion, including $1.766 billion for Earth Science and $530 million for
JWST (more than the FY2012 request of $355 million).
The request for Aeronautics is $569 million, an increase of 6.6% from FY2011. Selected research
topics in categories identified by the 2010 authorization act (P.L. 111-267, Sec. 902) would
receive increases, while funding for hypersonics would be reduced and focused on foundational
research. The House committee recommends $569 million for Aeronautics. It supported NASA’s
plan to reduce hypersonics funding and increase funding for other topics. The Senate committee
recommends $501 million. It stated that this amount included full funding for aviation safety and
unmanned aircraft systems. It did not state which other research areas should receive less than the
request.
Space Technology would receive $1.024 billion under the request. About half of this total ($497
million) would be for Crosscutting Space Technology Development, a mostly new activity. The
request for this activity is comparable to the amount authorized for Space Technology by the 2010
authorization act ($486 million). Most of the remainder of the request for Space Technology
would be for two activities transferred from other accounts: Exploration Technology
Development from the Exploration account and Small Business Innovation Research from the
Cross-Agency Support account. The request would roughly double the funding for both these
transferred activities. The House committee recommends $375 million for Space Technology. It
suggests that ongoing planning and prioritization efforts “will put the program in a stronger
position to seek additional resources in future requests.” The Senate committee recommends $637
million, including $210 million for Crosscutting Space Technology, and expresses regret at “not
being able to fund this promising new program more robustly.”
The Administration’s request for Exploration in FY2012 is $3.949 billion, a 3.9% increase over
FY2011. In recent years, the bulk of this account funded the Constellation program, including
development of the Orion crew vehicle and Ares I rocket for carrying humans into low Earth orbit
and the heavy-lift Ares V cargo rocket and other systems needed for a human mission to the
Moon. Under the FY2012 request, the account would instead fund development of the
Multipurpose Crew Vehicle (MPCV) and heavy-lift Space Launch System (SLS) mandated by the
2010 authorization act. Although this would be a substantial change, many elements of Orion and
Ares are expected to be incorporated in the MPCV and SLS. In the FY2012 request, the
Exploration account would also fund companies to develop commercial crew transport services to
low Earth orbit. The request includes $916 million for the MPCV and $1.690 billion for the SLS,
114 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.
115 Final report of the JWST Independent Comprehensive Review Panel, October 29, 2010, http://www.nasa.gov/pdf/
499224main_JWST-ICRP_Report-FINAL.pdf; and GAO, NASA: Assessmentsof Selected Large-Scale Projects, GAO-
11- 239SP, March 2011, http://www.gao.gov/new.items/d11239sp.pdf.
116 Dan Leone, “NASA: James Webb Telescope Expected To Cost $8.7 Billion,” Space News, August 26, 2011. Full
details of the JWST replan are expected to be released in February 2012 as part of the FY2013 budget request.
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substantially less than the authorized amounts of $1.400 billion and $2.650 billion. On the other
hand, it includes $850 million for commercial crew, substantially more than the authorized
amount of $500 million. Some in Congress have criticized the Administration for this apparent
shift in priorities relative to the authorization act. The House committee recommends $3.645
billion for Exploration, including $1.062 billion for the MPCV, $1.983 billion for the SLS, and
$312 million for commercial crew. The Senate committee recommends $3.775 billion, including
$1.2 billion for the MPCV, $1.8 billion for the SLS, and $500 million for commercial crew.
The FY2012 request of $4.347 billion for Space Operations, which funds the space shuttle, the
International Space Station (ISS), and the Space and Flight Support program, represents a 20.9%
decrease from FY2011. Funding for the space shuttle program would decrease by 58.3% to $665
million. The last shuttle flight was completed in July 2011. Most FY2012 funding for the space
shuttle program would be to cover a shortfall in the defined benefit pension plan of the contractor
that managed shuttle operations. The House committee recommends $4.060 billion for Space
Operations, including $547 million for the shuttle program. The Senate committee recommends
$4.285 billion, including $651 million for the shuttle program.
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Table 10. Funding for NASA
(budget authority in millions of dollars)
House
Senate
FY2011
FY2012
FY2012
Committee
Committee
FY2012
Accounts
Enacted
Authorized
Request
Reported
Reported
Enacted
Science $4,935.4
$5,248.6
$5,016.8
$4,499.5
$5,100.0
Aeronautics and Space
Research and Technology
533.9 584.7
569.4 569.4 501.0
Space Technology
—
486.0
1,024.2
374.6
637.0
Exploration 3,800.7
5,252.3
3,948.7
3,645.4
3,775.0
Space Operations
5,497.5
4,141.5
4,346.9
4,059.9
4,285.0
Education 145.5
145.8
138.4
137.9
138.4
Cross-Agency Support
3,105.2
3,189.6
3,192.0
3,047.0
3,043.1
Construction and
Environmental Compliance
and Restoration
393.5 363.8
450.4 423.6 422.0
Inspector General
36.3 37.8
37.5 36.3 37.3
Total: NASA
18,448.0 19,450.0
18,724.3 16,793.4 17,938.8
Source: FY2011-enacted amounts, FY2012-requested amounts, and House committee-reported amounts were
taken from H.Rept. 112-169. FY2012-authorized amounts taken from P.L. 111-267. Senate committee-reported
amounts were taken from S.Rept. 112-78.
Note: The House committee-reported amounts include the 0.1% rescission specified in Section 543 of H.R.
2596.
National Science Foundation (NSF)117
The National Science Foundation (NSF) supports basic research and education in the non-medical
sciences and engineering. Congress established the Foundation as an independent federal agency
in 1950 and directed it to “promote the progress of science; to advance the national health,
prosperity, and welfare; to secure the national defense; and for other purposes.”118 The NSF is a
primary source of federal support for U.S. university research. It is also responsible for significant
shares of the federal science, technology, engineering, and mathematics (STEM) education
program portfolio and federal STEM student aid and support.
The Senate Committee on Appropriations recommends a total of $6.698 billion for the NSF in
FY2012. This amount is $154.9 million (2.3%) less than the House Committee on
Appropriations’ recommendation of $6.853 billion, $1.069 billion (13.8%) less than the
President’s request for $7.767 billion, and is $161.8 million (2.4%) less than the FY2011-enacted
amount of $6.860 billion.119 Compared to FY2011, the House Committee on Appropriations’
FY2012 recommendation for NSF would shift about $37.5 million (0.7%) to the main research
117 This section was prepared by Heather B. Gonzalez, Specialist in Science and Technology Policy, Resources,
Science, and Industry Division.
118 The National Science Foundation Act of 1950 (P.L. 81-507), Purpose.
119 FY2011 enacted amounts include a $54.0 million transfer to the U.S. Coast Guard for icebreaking services.
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conduct account, drawing primarily from the construction and education accounts. In contrast, the
Senate Committee on Appropriations recommends reducing the research and education accounts
by a combined $152.9 million—relative to FY2011—and would maintain the construction
account at FY2011 levels. The Administration’s FY2012 request for NSF includes increases for
all major NSF accounts, with most (76.0%) of the total requested growth over FY2011-enacted
levels occurring in the main research conduct account.
A primary concern in the FY2012 congressional debate about funding for NSF centers on the so-
called “doubling path” policy.120 Since 2006, federal policymakers have sought to increase
support for research in the physical sciences and engineering. To that end, they have sought to
double aggregate funding for the NSF, NIST laboratories and construction accounts, and the DOE
Office of Science (collectively, the “targeted accounts”), which many policymakers perceive as
key to U.S. innovation and competitiveness.
The future of the doubling path policy is now uncertain. Although the Administration’s February
14 budget request maintained a commitment to the policy, the September 1 Mid-Session Review
acknowledged that the doubling goal would need to be delayed.121 Similarly, the Senate
Committee on Appropriations’ report on S. 1572 (S.Rept. 112-78) notes that its FY2012
recommendation for 3% reductions to the NSF and NIST differs from past recommendations—
which were generally consistent with the America COMPETES Act—that contained 7%
increases.122 For its part, the House Committee on Appropriations’ FY2012 recommendation for
CJS accounts would hold the targeted accounts at NSF and NIST at close to FY2011 enacted
levels.
Another issue raised in the congressional debate about funding for NSF focuses on the
Foundation’s ability to effectively manage expenditures. In a February 10, 2011, House hearing,
NSF’s Inspector General Allison C. Lerner testified that—among other issues—NSF’s grant
oversight program has limited practical effect and that the Foundation faces ongoing challenges
in ensuring that grant recipients comply with grant terms and conditions. According to Lerner’s
testimony, the NSF attributes this problem, at least in part, to staffing constraints. However,
Lerner postulated that, “If the Foundation’s budget continues to grow, the resulting increase in
awards to monitor will compound this challenge.”123
The Senate Committee on Appropriations raises related concerns about accountability at NSF in
its report on S. 1572 (S.Rept. 112-78). Consistent with the Committee’s general concerns about
waste, fraud, and abuse at all the “departments, agencies, boards and commissions funded in this
bill,”124 the Committee’s specific recommendation for NSF would provide a $200,000 increase
120 For more information on the doubling path policy, see CRS Report R41951, An Analysis of Efforts to Double
Federal Funding for Physical Sciences and Engineering Research, by John F. Sargent Jr.
121 Executive Office of the president, Office of Management and Budget, FY2012 Mid-Session Review: Budget of the
United States, September 1, 2011, p. 2, http://www.whitehouse.gov/omb/budget/MSR.
122 U.S. Congress, Senate Committee on Appropriations, Departments of Commerce, Justice, Science, and Related
Agencies Appropriations Bill, 2012, report to accompany S. 1572, 112th Cong., 1st sess., S.Rept. 112-78 (Washington,
DC: GPO, 2011), p. 4.
123 Testimony of NSF Inspector General Allison C. Lerner, in U.S. Congress, House Committee on Appropriations,
Subcommittee on Commerce, Justice, Science, and Related Agencies, Oversight of the National Science Foundation
(NSF) and the National Aeronautics and Space Administration (NASA), hearings, 112th Cong., 1st sess., February 11,
2011, p. 3, http://appropriations.house.gov/_files/NSFIGAllisonCLerner.pdf.
124 U.S. Congress, Senate Committee on Appropriations, Departments of Commerce, Justice, Science, and Related
(continued...)
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(1.6%) over FY2011-enacted levels ($14.0 million) for the Foundation’s Office of the Inspector
General (OIG) “to enhance accountability at the NSF.”125 The Administration’s FY2012 request
for the OIG is $15.0 million. The House Committee on Appropriations’ recommends holding this
account at FY2011 levels.
NSF organizes its budget into six primary accounts: Research and Related Activities (RRA),
Education and Human Resources (EHR), Major Research Equipment and Facilities Construction
(MREFC), Agency Operations and Award Management (AOAM), the National Science Board
(NSB), and the OIG. The RRA, EHR, and MREFC accounts represent the core of the NSF’s
research and education program activities and funding.126
The Senate Committee on Appropriations recommends $5.443 billion for the RRA account in
FY2012. This amount is $158.4 million (2.8%) less than the House Committee on
Appropriations’ recommendation of $5.601 billion, is $810.5 billion (13.0%) less than the
President’s request for $6.254 billion, and is $120.9 million (2.2%) less than the FY2011-enacted
amount of $5.564 billion. The Administration’s FY2012 request for NSF highlights research in
cyber-infrastructure, clean energy, nanotechnology, robotics, and the SEES (Science,
Engineering, and Education for Sustainability) portfolio, among others. Both the House and
Senate Appropriations Committee reports on FY2012 CJS appropriations contain multiple
provisions and directives for the RRA account. These include
• S.Rept. 112-78 endorses NSF’s prioritization of multidisciplinary high-risk
research, including investments in advanced manufacturing, cyber-infrastructure,
and robotics. It also directs the NSF to fully fund scientific facilities and
instrumentation, increases the Foundation’s investment in the Gemini program,
fully funds the $156.6 million request for cybersecurity, supports the $2.0 million
request for Regional Class Research Vessels, and signals the Committee’s
expectation that NSF will select a Giant Segmented Mirror project by the end of
2011, and that it will report on its efforts to collaborate with the Department of
Energy on the use of a future deep underground science laboratory. The Senate
report also notes the Committee’s positive response to NSF’s new Innovation
Corps (I-Corps) program, which seeks to increase the commercialization of
research, and provides $146.8 million for the Experimental Program to Stimulate
Competitive Research (EPSCoR).
• H.Rept. 112-169 directs the Foundation to prioritize—in new activities—cyber-
security and cyber-infrastructure; advanced manufacturing; materials research;
and disciplinary and interdisciplinary research in the natural and physical
sciences, math, and engineering. The House report also directs NSF to highlight
its work in cognitive and developmental neuroscience and to increase
(...continued)
Agencies Appropriations Bill, 2012, report to accompany S. 1572, 112th Cong., 1st sess., S.Rept. 112-78 (Washington,
DC: GPO, 2011), p. 6.
125 U.S. Congress, Senate Committee on Appropriations, Departments of Commerce, Justice, Science, and Related
Agencies Appropriations Bill, 2012, report to accompany S. 1572, 112th Cong., 1st sess., S.Rept. 112-78 (Washington,
DC: GPO, 2011), p. 108.
126 Although these accounts exist in isolation in standard budget tables, funds from different accounts may be merged at
the program level and in many cases NSF’s education, facilities, and research activities are deeply integrated as a
matter of practice.
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investments in this area. Further, the House report directs the Foundation to
report on its plans for administering a prize program and on steps that can be
taken to balance public access and protection of data in scientific research.127
For EHR, the Senate Committee on Appropriations recommends $829.0 million in FY2012. This
amount is $5.2 million (0.6%) less than the House Committee on Appropriations’
recommendation of $834.2 million, is $82.2 million (9.0%) less than the President’s request for
$911.2 million, and is $32.0 million (3.7%) less than the FY2011-enacted amount of $861.0
million. The Administration’s FY2012 request seeks significant program changes in EHR
accounts, including adding, altering, and terminating programs. It also reorganizes the EHR
directorate, including restructuring minority-serving institution programs.128 Both the House and
Senate Appropriations committee reports contain provisions and directives for the EHR account.
These include
• S.Rept. 112-78 encourages NSF to support undergraduate science and
engineering education and to increase support for online accessible digital media
repositories for STEM teachers and students, and urges NSF to ensure that
Graduate Research Fellowship applications are reviewed on the merits of the
research and not on unrelated factors, such as the applicant’s field of study. The
Senate report also recommends FY2011 enacted funding levels for the Robert
Noyce Scholarship program ($54.9 million) and $45.0 million for the Federal
Cyber-Service: Scholarships for Service program ($20.0 million above the
request). The report also strongly encourages NSF to continue funding the
Professional Science Master’s program; and supports separate funding streams, at
requested levels, for NSF’s minority-serving institution programs.
• The House Committee on Appropriations indicates that it does not object to the
Administration’s proposed changes to the EHR account, with the exception of the
Administration’s proposed reductions to the Math and Science Partnership and
Robert Noyce Scholarship programs, which H.Rept. 112-169 describes as
unwarranted.129 The House report also encourages NSF to continued to move
forward on certain activities that have been of particular concern to policymakers
in recent years, including best practices in K-12 STEM education, Hispanic-
serving institutions programs, and the effort to identify and minimize duplication
in the federal STEM education effort.130
The Government Accountability Office (GAO) and other analysts have expressed concern about
the federal STEM education effort, a large portion of which is supported by NSF through its EHR
account.131 For example, in a March 2011 report the GAO assessed federal teacher quality
127 U.S. Congress, House Committee on Appropriations, Commerce, Justice, Science, and Related Agencies
Appropriations Bill, 2012, report to accompany H.R. 2596, 112th Cong., 1st sess., H.Rept. 112-169 (Washington, DC:
GPO, 2011), pp. 82-83.
128 Consistent with Sec. 512 of P.L. 111-358, NSF indicates that it will maintain these programs as separate programs.
129 U.S. Congress, House Committee on Appropriations, Commerce, Justice, Science, and Related Agencies
Appropriations Bill, 2012, report to accompany H.R. 2596, 112th Cong., 1st sess., H.Rept. 112-169 (Washington, DC:
GPO, 2011), p. 84.
130 Ibid, pp. 84-85.
131 The NSF, Department of Education, and Department of Health and Human Services received the most funding for
STEM education activities in the FY2010 enacted budget, according to CRS analysis of Office of Management and
Budget data.
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programs—including STEM teacher quality programs at NSF—and found that the effort suffers
from fragmentation and duplication. The GAO notes that program variation may have potential
benefits, such as targeting services to underserved groups and enabling innovation. However, the
auditing agency concluded that greater coordination could produce cost and program benefits.132
Efforts to identify, coordinate, and reduce duplication in federal STEM education programs are
underway at both the Office of Science and Technology Policy (OSTP) and the GAO. H.Rept.
112-169 directs OSTP to prioritize its efforts in this regard and encourages NSF to continue
cooperating with OSTP and GAO.133 S.Rept. 112-78 does not include provisions related to the
GAO or OSTP reports, but does include directives to NSF with respect to the potential
consolidation of certain STEM education research programs in the future.
The Senate Committee on Appropriations recommends $117.1 million for the MREFC account in
FY2012. This amount is $17.2 million (17.2%) more than the House Committee on
Appropriations’ recommendation of $99.9 million, $107.6 million (47.9%) less than the
President’s request for $224.7 million, and equal to the FY2011-enacted level. The Senate
Committee on Appropriations also recommends $290.4 million for the AOAM account in
FY2012. This amount is $8.7 million (2.9%) less than the House Committee on Appropriations’
recommendation of $299.1 million, $67.3 million (18.8%) less than the President’s request for
$357.7 million, and is $9.0 million (3.0%) less than the FY2011-enacted level of $299.4 million.
The Administration’s requested increase for AOAM would principally fund a new headquarters
for the NSF. The President also seeks an increase of $0.3 million for the NSB in FY2012. The
FY2011 funding level for the NSB was $4.5 million. The House Committee on Appropriations’
FY2012 recommendations for the NSB is similar to the FY2011-enacted levels. The Senate
Committee on Appropriations would reduce this account by 2.0%.
Finally, the Administration’s FY2012 NSF budget request would eliminate six NSF programs:
Deep Underground Science and Engineering Laboratory, Graduate STEM Fellow in K-12
Education, National STEM Distributed Learning Program, Research Initiation Grants to Broaden
Participation in Biology, Science Learning Centers, and the Synchrotron Radiation Center. Funds
from these activities would be redirected to other Foundation accounts. Both House and Senate
Appropriations committee reports accept these terminations.
Related Agencies
The Senate Committee on Appropriations recommends a total of $901.1 million for the related
agencies, an amount that is 10.6% more than the amount recommended by the House Committee
on Appropriations, but 9.1% less than the Administration’s FY2012 request and 1.8% less than
the FY2011 appropriation. The House Committee on Appropriations recommends a total of
$814.8 million for the related agencies, an amount that is 17.8% less than the Administration’s
FY2012 request and 11.2% less than the FY2011-enacted level. For FY2012, the Administration
132 Government Accountability Office, “Teacher Quality: Proliferation of Programs Complicates Federal Efforts to
Invest Dollars Effectively,” Report to Congressional Addressees: Opportunities to Reduce Potential Duplication in
Government programs, Save Tax Dollars and Enhance Revenue (GAO-11-318SP), March 1,2011, p. 144-150,
http://www.gao.gov/new.items/d11318sp.pdf.
133 U.S. Congress, House Committee on Appropriations, Commerce, Justice, Science, and Related Agencies
Appropriations Bill, 2012, report to accompany H.R. 2596, 112th Cong., 1st sess., H.Rept. 112-169 (Washington, DC:
GPO, 2011), p. 67, 85.
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requests a total of $991.4 million for the related agencies. The Administration’s proposed funding
is 8.0% more than the $917.9 million Congress appropriated for the related agencies for FY2011.
Table 11. Funding for Related Agencies
(budget authority in millions of dollars)
House
Senate
Commission, Office, or
FY2011
FY2012
Committee
Committee
FY2012
Corporation
Enacted
Request
Reported
Reported
Enacted
U.S. Commission on Civil Rights
$9.4
$9.4
$8.0
$9.2
Equal Employment Opportunity
Commission 366.6
385.5
366.2
359.2
International Trade Commission
81.7
87.0
81.6
80.1
Legal Services Corporation
404.2
450.0
299.7
396.1
Marine Mammal Commission
3.2
3.0
3.0
3.0
Office of the U.S. Trade
Representative 47.7
51.3
51.2
46.8
State Justice Institute
5.1
5.1
5.1
5.0
Commission on Wartime Relocation
and Internment of Latin Americans of
Japanese Descent
—
—
—
1.7
Total: Related Agencies
917.9
991.4
814.8
901.1
Source: FY2011-enacted amounts, FY2012-requested amounts, and House committee-reported amounts were
taken from H.Rept. 112-169. Senate committee-reported amounts were taken from S.Rept. 112-78.
Note: Amounts may not add to totals due to rounding. The House committee-reported amounts include the
0.1% rescission specified in Section 543 of H.R. 2596.
Commission on Civil Rights
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;
• 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 Senate Committee on Appropriations recommends $9.2 million for the Commission, which is
15.0% more than the amount in the House committee-reported bill, but 2.5% below the
Administration’s request and 2.0% less than the FY2011 appropriation. The House Committee on
Appropriations recommends $8.0 million for the Commission, an amount that is 15.2% less than
the Administration’s request and 14.8% less than the FY2011 appropriation. The Administration
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requests $9.4 million for the Commission for FY2012, which is $48,000, or 0.5%, more than the
commission’s FY2011 appropriation.
Equal Employment Opportunity Commission (EEOC)134
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 a National Call Center, realignment of field structure and staff, and
restructuring of headquarters operations.
The Senate Committee on Appropriations recommends a total appropriation of $359.2 million the
Equal Employment Opportunity Commission for FY2012. This amount includes $329.8 for
EEOC salaries and expenses and $29.4 million for payments to state and local entities. The
Senate Committee on Appropriations created a separate account to guarantee adequate resources
for 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 Senate Committee on Appropriations recommendation is 2.0% less than the FY2011 amount
of $366.6 million, 1.9% less than the House Committee on Appropriations FY2012
recommendation of $366.2 million, and 6.8% less than the Administration’s FY2012 request of
$385.5 million.
Given the fiscal constraints, the Senate Committee on Appropriations recommends reducing the
EEOC’s salaries and expenses by $7.3 million compared to FY2011. The Committee recognizes
that the EEOC will have difficulty meeting goals of reducing the back-log of discrimination
charges. As such, the Committee recommends that the EEOC prioritize the hiring of critical staff
who will have the biggest impact on resolving cases. The EEOC is considering the adoption of a
National Full Service Intake Model, which would create dedicated intake units in field offices to
handle pre-charge counseling and charge filing. The Senate Committee on Appropriations directs
the EEOC to submit a report with details on the model within 120 days of enactment.
The Senate Committee on Appropriations reported projections provided by the EEOC on the
pending inventory of private sector cases. The EEOC projects the pending case inventory to
increase from 100,000 in FY2011 to 108,000 by the end FY2012—an 8% rise.135 According to
the EEOC, 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. Additionally, 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 2009.136
134 This section was prepared by Abigail Rudman, Information Research Specialist, Knowledge Services Group,
Domestic Social Policy Division.
135 U.S. Congress, Senate Appropriations, Departments of Commerce and Justice, and Science, and Related Agencies
Appropriations Bill 2012, report to accompany S. 1572, 112th Cong., 1st sess., September 15, 2011, S.Rept. 112-78, p.
110 (Washington: GPO, 2011).
136 For more information, see CRS Report RL33386, Federal Civil Rights Statutes: A Primer, by Jody Feder.
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The EEOC federal sector hearings workload is estimated to increase from 7,164 pending hearings
in FY2010 to 7,950 in FY2012, a 11% increase.137 The Commission continues to implement
technology initiatives to support the federal sector program. The Senate Committee on
Appropriations directs the EEOC to submit an updated federal sector hearing plan prior to
implementation of any changes.
U.S. International Trade Commission (ITC)138
The ITC is an independent, quasi-judicial agency established by Congress that advises the
President and Congress on U.S. foreign economic policies. In its Strategic Plan for 2009-2014,
the ITC identified the following five strategic operations, which define the functions of the
agency: (1) import injury investigations; (2) intellectual property-based imports investigations;
(3) industry and economic analysis; (4) tariff and trade information services; and (5) trade policy
support.139 As a matter of policy, its budget request is submitted to Congress by the President
without revision.
The Senate Committee on Appropriations recommends $80.1 million for ITC. This is 1.9% less
than the House Committee on Appropriations recommended amount of $81.6 million. The Senate
recommendation would be 8.0% less than the Administration’s FY2012 request and 2.0% less
than the FY2011 enacted amount. The FY2012 budget request for ITC is $87.0 million, a $5.3
million (6.5%) increase from the current funding level of $81.7 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)140
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.
Although the authorization of appropriations for the LSC expired at the end of FY1980, the LSC
has operated for the past 30 years under annual appropriations laws. The LSC is currently funded
at $404.2 million. Current LSC funding now surpasses the LSC’s previous highest funding level
of $400.0 million in FY1994 and FY1995.
137 FY2012 Equal Employment Opportunity Commission, Congressional Budget Justification, Table 7. Federal Sector
Hearings Workload, http://www.eeoc.gov/eeoc/plan/2012budget.cfm#_Toc282609550
138 This section was written by M. Angeles Villarreal, Specialist in International Trade and Finance, Foreign Affairs,
Defense, and Trade Division.
139 U.S. Office of Management and Budget, The President’s Budget Fiscal Year 2012 Appendix, Other Independent
Agencies, U.S. International Trade Commission, p. 1249.
140 This section was prepared by Carmen Solomon-Fears, Specialist in Social Policy, Domestic Social Policy Division.
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For FY2012, the Senate Committee on Appropriations recommended $396.1 million for the LSC.
This amount is 32.2% more than the amount recommended by the House Committee on
Appropriation, 12.0% less than the Administration’s FY2012 budget request, and 2.0% less than
the FY2011-enacted amount. The Senate Committee on Appropriation’s recommendation for the
LSC for FY2012 included $370.5 million for basic field programs and required independent
audits, $17.0 million for management and grants oversight, $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. The committee also (1) directed the LSC to continue its collaboration
with the Department of Justice to conduct a national study of the cost-effectiveness of a legal
services program patterned after existing state models; (2) encouraged the LSC to have its
grantees improve and/or increase private attorney pro bono participation; and (3) directed LSC to
conduct a study of the implementation and costs of a legal aid fellowship program that would
provide incentives for retirees and/or recent law school graduates to commit to working in legal
services programs for a specified period of time. The committee also recommended that all the
restrictions on the use of private funds for the LSC, except those associated with abortion-related
cases, be eliminated. The restrictions on the use of public funds for the LSC would remain in
effect.
For FY2012, the House Committee on Appropriations recommended $299.7 million for the LSC.
This amount is 33.4% less than the Administration’s FY2012 budget request and 25.9% less than
the FY2011-enacted amount. The committee also encouraged the LSC Inspector General to
conduct annual audits of LSC grantees to make sure that they are not using LSC funds in
violation of the prohibition against engaging in political activities or any of the other restrictions
on LSC activities. The committee recommended that funds be withdrawn from any LSC grantee
found engaging in political activity.
For FY2012, the Obama Administration requested $450.0 million for the LSC. This amount is
$45.8 million (11.3%) above the FY2011 appropriation of $404.2 million for the LSC. The
Administration’s FY2012 budget request included $420.2 million for basic field programs and
required independent audits, $19.5 million for management and grants oversight, $5.0 million for
client self-help and information technology, $4.4 million for the Office of the Inspector General,
and $1.0 million for loan repayment assistance. The Obama Administration also proposed that
LSC restrictions on class action suits and attorneys’ fees be eliminated.141
Marine Mammal Commission (MMC)142
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.
141 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.
142 This section was prepared by Eugene H. Buck, Specialist in Natural Resources Policy; Resources, Science, and
Industry Division.
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The Senate Committee on Appropriations recommended amount for the MMC is the same as the
Administration’s FY2012 request and 6.7% less than the FY2011-enacted amount. The House
Committee on Appropriations recommended amount for the MMC is 0.1% less than the
Administration’s FY2012 request and 6.8% less than the FY2011-enacted amount. The
Administration’s FY2012 request for the MMC is $3.0 million, which would represent a 6.7%
reduction compared to FY2011-enacted funding of $3.2 million.
Office of the U.S. Trade Representative (USTR)143
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 Senate Committee on Appropriations recommends $46.8 million for USTR, This is 8.6% less
than the House Committee on Appropriations recommended amount of $51.2 million. The Senate
recommendation would be 8.7% less than the Administration’s FY2012 request and 2.0% less
than the FY2011-enacted amount of $47.7 million. The FY2012 budget request is $51.3 million, a
$3.5 million (7.4%) increase from the current funding level. The President’s budget request states
that the requested increase reflects the need for additional staffing and travel requirements to
achieve critical U.S. trade initiatives and negotiations, as well as to support the cost escalation in
overseas operations and federal protective services.144
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.145 Under the terms of its enabling legislation, SJI is
authorized to present its budget request directly to Congress, apart from the President’s budget.
The Senate Committee on Appropriations recommends $5.0 million for SJI, an amount that is
1.9% below the House Committee on Appropriation’s mark, 2.2% less than the Administration’s
request and 2.0% less than the FY2011 appropriation. The House Committee on Appropriations
recommends $5.1 million for SJI for FY2012. The committee-reported amount is 0.3% less than
the Administration’s FY2012 request and 0.1% less than the FY2011-enacted appropriation. The
Administration requests $5.1 million for FY2012 for SJI. The Administration’s request is $10,000
more than the FY2011 appropriation for SJI.
143 This section was written by M. Angeles Villarreal, Specialist in International Trade and Finance, Foreign Affairs,
Defense, and Trade Division.
144 Executive Office of the President, Fiscal Year 2012 Congressional Budget Submission, p. EPO-6.
145 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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Table 12. Funding for CJS Agencies, by Account, FY2008-FY2012
(budget authority in millions of dollars)
FY2008
FY2009
FY2010
FY2011
FY2012
Bureau or Agency
Enacted
Enacted
Enacted
Enacted
Enacted
Department of Commerce
International Trade Administration
$405.2
$420.4
$446.8
$440.7
Bureau of Industry and Security
72.9
83.7
100.3
100.1
Economic Development Administration
779.9
312.8a 293.0 283.4
Minority Business Development Agency
28.6
29.8
31.5
30.3
Economic and Statistical Analysis
81.1
90.6
97.2
97.1
Bureau of the Census
1,440.2
3,139.9b 7,324.7 1,149.7
National Telecommunications and Information Administration
36.3
39.2c 40.0 41.6
U.S. Patent and Trademark Office
1,915.5
2,010.1
2,016.0
2,090.0
Offsetting Fee Receipts USPTO
-1,915.5
-2,087.0
-1,887.0
-2,090.0
National Institute of Standards and Technology
755.8
819.0d 856.6 750.1
National Oceanic and Atmospheric Administration
3,988.5
4,365.2e 4,737.5 4,588.0
Departmental Management
70.0
83.8f 107.5 99.8
DOC Subtotal
7,658.5
9,307.5
14,164.2g 7,580.9
Department
of
Justice
General
Administration
1,798.8 2,067.8 2,276.7 2,208.1
General
Administration
257.6 370.8 456.9 312.2
Administrative Review & Appeals
240.6
266.0
296.7
296.1
Detention
Trustee
1,225.9 1,355.3 1,438.7 1,515.6
Office of the Inspector General
74.8
75.7h 84.4 84.2
U.S. Parole Commission
11.5
12.6
12.9
12.8
Legal
Activities
2,724.1 2,918.2 3,085.2 3,177.3
General legal activities
747.2
805.7
875.1
863.4
United States Attorneys
1,759.8
1,851.3
1,934.0
1,930.1
Otheri
217.1 261.2 276.1 383.8
U.S. Marshals Service
895.1
964.0
1,152.4
1,140.1
National Security Division
73.4
85.2
87.9
87.8
Interagency Law Enforcement
497.9
515.0
528.6
527.5
Federal Bureau of Investigation
6,763.8
7,336.2
7,898.5
7,926.3
Drug Enforcement Administration
1,887.4
1,959.1
2,019.7
2,015.6
Bureau of Alcohol, Tobacco, Firearms & Explosives
1,011.6
1,068.2
1,120.8
1,112.5
Federal Prison System
5,612.6
6,178.9
6,188.1
6,384.1
Office of Violence Against Women
400.0
415.0j 418.5 417.7
Office of Justice Programs
1,694.8
2,066.6
2,283.5
1,697.9
Justice
Assistance
196.2 220.0 235.0 234.5
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FY2008
FY2009
FY2010
FY2011
FY2012
Bureau or Agency
Enacted
Enacted
Enacted
Enacted
Enacted
State and Local Law Enforcement Assistance
1,008.1
1,328.5k 1,534.8 1,117.8
Weed and Seed
32.1
25.0
20.0
—
Juvenile Justice Programs
383.5
374.0
423.6
275.4
Public Safety Officers Benefits
74.8
119.1
70.1
70.1
Community Oriented Policing Services
857.2
550.5l 791.6 494.9
OVW, OJP, and COPS Salaries and Expenses
—
195.0m 213.4 186.6
DOJ Subtotal
23,958.3
26,332.3
28,077.7n 27,389.2
Science
Agencies
Office of Science and Technology Policy
5.2
5.3
7.0
6.6
National Aeronautics and Space Administration
17,401.9
17,782.4o 18,724.3 18,448.0
National Science Foundation
6,127.5
6,490.4p 6,926.5 6,859.9
Science Agencies Subtotal
23,534.6
24,278.1
25,657.8
25,314.5
Related
Agencies
Commission on Civil Rights
8.5
8.8
9.4
9.4
Equal Employment Opportunity Commission (EEOC)
329.3
343.9
367.3
366.6
International Trade Commission
68.4
75.1
81.9
81.7
Legal Services Corporation
350.5
390.0
420.0
404.2
Marine Mammal Commission
2.8
3.2
3.3
3.2
National Veterans Business Development Corporation
1.4
—
—
—
U.S.
Trade
Representative
44.1 47.3 47.8 47.7
State Justice Institute
3.8
4.1
5.1
5.1
Related Agencies Subtotal
808.8
872.4
934.8
917.9
Total Appropriations
55,960.1q 60,790.3r 68,834.5s 61,202.5t
American Recovery and Reinvestment Act
—
15,922.0
—
—
Source: FY2008-enacted amounts taken from the House Committee on Appropriations’ Committee Print on
the Omnibus Appropriations Act, 2009 (P.L. 111-8), Division B. FY2009-enacted amounts taken from H.Rept.
111-366. FY2010-enacted amounts were taken from S.Rept. 111-229. FY2011-enacted amounts were taken from
H.Rept. 112-169.
Note: Amounts may not add to totals due to rounding.
a. This amount does not include the $150.0 million that the Economic Development Administration received
under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
b. This amount does not include the $1.0 billion that the Census Bureau received under the American
Recovery and Reinvestment Act of 2009 (P.L. 111-5).
c. This amount does not include the $5.4 billion that the National Telecommunication and Information
Administration received under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
d. This amount does not include the $580.0 million that the National Institute of Standards and Technology
received under the American Recovery and Reinvestment Act (P.L. 111-5).
e. This amount does not include the $830.0 million that the National Oceanic and Atmospheric
Administration received under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
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f.
This amount does not include the $6.0 million that the Office of the Inspector General received under the
American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
g. This amount does not include $105.0 million in supplemental funding for the Department of Commerce
(P.L. 111-212 and P.L. 111-224), of which $54.0 million was for the Economic Development Administration
and $51.0 million was for the National Oceanic and Atmospheric Administration. However, it does include
$129.0 in supplemental funding for the U.S. Patent and Trademark Office,
h. This amount does not include the $2.0 million that the Office of the Inspector General received under the
American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
i.
“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.
j.
This amount does not include the $225.0 million that the Office on Violence Against Women received
under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
k. This amount does not include the $2.765 billion appropriated for the State and Local Law Enforcement
Assistance account under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
l.
This amount does not include the $1.0 billion the Community Oriented Policing Services Office received
under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
m. This amount does not include the $10.0 million appropriated for OVW, OJP, and COPS Salaries and
Expenses under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
n. This amount does not include $206.0 million in supplemental funding for the Department of Justice (P.L.
111-212 and P.L. 111-230), of which $2.1 million was for Administrative Review and Appeals; $7.0 million
was for the Office of the Federal Detention Trustee; $13.9 million was for General Legal Activities; $9.2
was for the U.S. Attorneys; $37.7 million was for the U.S. Marshals; $21.0 million was for Interagency Law
Enforcement; $24.0 million was for the Federal Bureau of Investigation; $33.7 million was for the Drug
Enforcement Administration; $37.5 million was for the Bureau of Alcohol, Tobacco, Firearms, and
Explosives; and $20.0 million was for the Federal Prison System.
o. This amount does not include the $1.002 billion the National Aeronautics and Space Administration
received under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
p. This amount does not include the $3.002 billion the National Science Foundation received under the
American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
q. This amount does not include $901.8 million in rescissions of unobligated balances.
r. This amount does not include $610.6 million in rescissions of unobligated balances.
s. This amount does not include $531.2 million in rescissions of unobligated balances included in P.L. 111-117;
$115.5 million in rescissions of unobligated balances included in P.L. 111-212; $129.0 million is rescissions of
unobligated balances included in P.L. 111-224; and $1.788 billion in rescissions of unobligated balances
included in P.L. 112-6.
t.
This amount does not include $2.416 billion in rescissions of unobligated balances.
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Commerce, Justice, Science, and Related Agencies: FY2012 Appropriations
Author Contact Information
Nathan James, Coordinator
M. Angeles Villarreal
Analyst in Crime Policy
Specialist in International Trade and Finance
njames@crs.loc.gov, 7-0264
avillarreal@crs.loc.gov, 7-0321
Jennifer D. Williams, Coordinator
Daniel Morgan
Specialist in American National Government
Specialist in Science and Technology Policy
jwilliams@crs.loc.gov, 7-8640
dmorgan@crs.loc.gov, 7-5849
John F. Sargent Jr., Coordinator
Heather B. Gonzalez
Specialist in Science and Technology Policy
Specialist in Science and Technology Policy
jsargent@crs.loc.gov, 7-9147
hgonzalez@crs.loc.gov, 7-1895
William J. Krouse
Eugene Boyd
Specialist in Domestic Security and Crime Policy
Analyst in Federalism and Economic Development
wkrouse@crs.loc.gov, 7-2225
Policy
eboyd@crs.loc.gov, 7-8689
Kristin M. Finklea
Dana A. Shea
Analyst in Domestic Security
Specialist in Science and Technology Policy
kfinklea@crs.loc.gov, 7-6259
dshea@crs.loc.gov, 7-6844
Ian F. Fergusson
Eugene H. Buck
Specialist in International Trade and Finance
Specialist in Natural Resources Policy
ifergusson@crs.loc.gov, 7-4997
gbuck@crs.loc.gov, 7-7262
Harold F. Upton
Abigail B. Rudman
Analyst in Natural Resources Policy
Information Research Specialist
hupton@crs.loc.gov, 7-2264
arudman@crs.loc.gov, 7-9519
Linda K. Moore
Carmen Solomon-Fears
Specialist in Telecommunications Policy
Specialist in Social Policy
lmoore@crs.loc.gov, 7-5853
csolomonfears@crs.loc.gov, 7-7306
Wendy H. Schacht
Denis Steven Rutkus
Specialist in Science and Technology Policy
Specialist on the Federal Judiciary
wschacht@crs.loc.gov, 7-7066
srutkus@crs.loc.gov, 7-7162
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Commerce, Justice, Science, and Related Agencies: FY2012 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
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, U.S. Marshals
Nathan James
7-0264
njames@crs.loc.gov
FBI, ATF, U.S. Attorneys
Wil iam Krouse
7-2225
wkrouse@crs.loc.gov
DEA, 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, MBDA
Eugene Boyd
7-8689
eboyd@crs.loc.gov
Telecommunications, NTIA
Linda K. Moore
7-5853
lmoore@crs.loc.gov
Bureau of the Census, ESA
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
Dana A. Shea
7-6844
dshea@crs.loc.gov
Policy
NOAA
Harold F. Upton
7-2264
hupton@crs.loc.gov
NASA Daniel
Morgan
7-5849
dmorgan@crs.loc.gov
NSF
Heather B. Gonzalez
7-1895
hgonzalez@crs.loc.gov
Marine Mammal Commission
Eugene H. Buck
7-7262
gbuck@crs.loc.gov
Equal Employment Opportunity
Commission
Abigail B. Rudman
7-9519
arudman@crs.loc.gov
Legal Services Corporation
Carmen Solomon-Fears
7-7306
csolomonfears@crs.loc.gov
State Justice Institute
Denis Steven Rutkus
7-7162
drutkus@crs.loc.gov
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