Overview of FY2017 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)

May 24, 2017 (R44409)
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Summary

This report describes actions taken by the Administration and Congress to provide FY2017 appropriations for the Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of FY2016 appropriations for agencies and bureaus funded as part of annual CJS appropriations.

Division B of the Consolidated Appropriations Act, 2016 (P.L. 114-113), provided $66.000 billion for CJS, which included $9.246 billion for the Department of Commerce, $29.090 billion for the Department of Justice (DOJ), $26.754 billion for the science agencies, and $910 million for the related agencies (e.g., the Legal Service Corporation and the Office of the U.S. Trade Representative).

For FY2017, the Obama Administration requested a total of $67.573 billion for CJS, which included $9.728 billion for the Department of Commerce, $29.828 billion for DOJ, $26.995 billion for the science agencies, and $1.022 billion for the related agencies. The Obama Administration proposed supplementing discretionary appropriations for the National Aeronautics and Space Administration (NASA) and the National Science Foundation (NSF) with $763 million and $400 million, respectively, in new one-time mandatory funding.

On April 21, 2016, the Senate Committee on Appropriations reported their FY2017 CJS appropriations bill (S. 2837). The bill would have provided a total of $66.309 billion for CJS, including $9.316 billion for the Department of Commerce, $29.246 billion for the Department of Justice, $26.821 billion for the science agencies, and $925 million for the related agencies.

On June 7, 2016, the House Committee on Appropriations reported their FY2017 CJS appropriations bill (H.R. 5393). The bill would have provided a total of $66.296 billion for CJS, including $9.051 billion for the Department of Commerce, $29.437 billion for the Department of Justice, $26.920 billion for the science agencies, and $887 million for the related agencies.

On May 5, 2017, President Trump signed into law the Consolidated Appropriations Act, 2017 (P.L. 115-31). The act provides a total of $66.360 billion (which includes $109 million in emergency funding) for CJS. Under the act, the Department of Commerce receives $9.237 billion, the Department of Justice receives $28.962 billion, the science agencies receive $27.240 billion, and the related agencies receive $921 million.

Over the past 10 fiscal years, nominal appropriations for CJS have experienced annual increases and decreases. CJS appropriations increased from FY2007 to FY2010, but generally declined from FY2010 to FY2013. Nominal appropriations for CJS were relatively flat in FY2014 and FY2015. CJS appropriations increased again by approximately $4 billion from FY2015 to FY2016, largely due to Congress increasing the discretionary budget cap in the Bipartisan Budget Act of 2015 (P.L. 114-74).

Increases in CJS appropriations in FY2009 and FY2010 were largely the result of Congress appropriating more funding for Commerce to support the 2010 decennial census. Although subsequent decreases in appropriations for Commerce account for much of the overall decrease in CJS appropriations between FY2010 and FY2013, cuts in funding for DOJ and NASA and sequestration in FY2013 also contributed to the decrease. The exception the trend of decreasing appropriations from FY2010 to FY2013 was the NSF. The NSF's appropriations generally increased each fiscal year since FY2007. Appropriations for the Departments of Commerce and Justice and for NASA have generally increased each fiscal year since FY2013.


Overview of FY2017 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)

This report describes actions taken by the Administration and Congress to provide FY2017 appropriations for Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of enacted FY2016 appropriations for agencies and bureaus funded as part of annual CJS appropriations.

The amounts in this report reflect only new appropriations. Therefore, the amounts do not include any rescissions of unobligated or de-obligated balances that may be counted as offsets to newly enacted appropriations, nor do they include any scorekeeping adjustments (such as the balance on the Crime Victims Fund). In the text of the report, appropriations are rounded to the nearest million. However, percentage changes are calculated using the full appropriation, meaning that in some instances the reported percentage change might not be consistent with the amount discussed in the report.

The FY2016-enacted appropriations were taken from the text of the Consolidated Appropriations Act, 2016 (P.L. 114-113) and the joint explanatory statement to accompany the act, printed in the December 17, 2015, Congressional Record. The Obama Administration's FY2017 requested amounts were taken from each department's and agency's respective budget justification and the report to accompany S. 2837 (S.Rept. 114-239). The Senate Committee-reported amounts were taken from S.Rept. 114-239. The House Committee-reported amounts were taken from H.Rept. 114-605. The FY2017 appropriated amounts were taken from the explanatory text to accompany the Consolidated Appropriations Act, 2017 (P.L. 115-31).

This report provides an overview of the FY2017 appropriations for CJS. Please see the following reports for a more in-depth review of appropriations for specific CJS departments and agencies:

Overview of CJS

The annual CJS appropriations act provides funding for the Departments of Commerce and Justice, the science agencies, and several related agencies. Appropriations for the Department of Commerce include funding for agencies such as the Census Bureau, the U.S. Patent and Trademark Office, the National Oceanic and Atmospheric Administration, and the National Institute of Standards and Technology. Appropriations for the Department of Justice (DOJ) provide funding for agencies such as the Federal Bureau of Investigation; the Bureau of Prisons; the U.S. Marshals; the Drug Enforcement Administration; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, along with funding for a variety of grant programs for state, local, and tribal governments. The vast majority of funding for the science agencies goes to the National Aeronautics and Space Administration and the National Science Foundation.1 The annual appropriation for the related agencies includes funding for agencies such as the Legal Services Corporation and the Equal Employment Opportunity Commission.

Department of Commerce

The mission of the Department of Commerce is to promote "job creation, economic growth, sustainable development and improved standards of living ... by working in partnership with businesses, universities, communities and ... workers."2 The department has wide-ranging responsibilities including trade, economic development, technology, entrepreneurship and business development, monitoring the environment, forecasting weather, managing marine resources, and statistical research and analysis. The Department of Commerce affects trade and economic development by working to open new markets for U.S. goods and services and promoting pro-growth business policies. It also invests in research and development to foster innovation. In addition, the department manages and monitors coastal and ocean resources and assets to support both environmental and economic health. It also conducts the constitutionally mandated decennial census. Finally, the Department of Commerce operates the national patent system.

The agencies within the Department of Commerce and their missions include the following:

Department of Justice

DOJ's mission is to "enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans."3 DOJ also 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:

The Science Agencies

The science agencies support research and development and related activities across a wide variety of federal missions, including national competitiveness, space exploration, and fundamental discovery.

Office of Science and Technology Policy

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 also manages the National Science and Technology Council,4 which coordinates science and technology policy across the executive branch of the federal government, and co-chairs the President's Council of Advisors on Science and Technology,5 a council of external advisors that provides advice to the President on matters related to science and technology policy.

National Aeronautics and Space Administration

The National Aeronautics and Space Administration (NASA) was created by the National Aeronautics and Space Act of 1958 (P.L. 85-568) to conduct civilian space and aeronautics activities. It has four mission directorates. The Human Exploration and Operations Mission Directorate is responsible for human spaceflight activities, including the International Space Station and development efforts for future crewed spacecraft. The Science Mission Directorate manages robotic science missions, such as the Hubble Space Telescope, the Mars rover Curiosity, and satellites for Earth science research. The Space Technology Mission Directorate develops new technologies for use in future space missions, such as advanced propulsion and laser communications. The Aeronautics Research Mission Directorate conducts research and development on aircraft and aviation systems. In addition, NASA's Office of Education manages formal and informal education programs for schoolchildren, college and university students, and the general public.

National Science Foundation

The National Science Foundation (NSF) supports basic research and education in the nonmedical sciences and engineering. Congress established the foundation as an independent federal agency in 1950 "to promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense; and for other purposes."6 The NSF is a primary source of federal support for U.S. university research. It also is responsible for significant shares of the federal science, technology, engineering, and mathematics (STEM) education program portfolio and federal STEM student aid and support.

Related Agencies

The annual CJS appropriations act includes funding for several related agencies: the U.S. Commission on Civil Rights, the Equal Employment Opportunity Commission, the International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Office of the U.S. Trade Representative, and the State Justice Institute.

FY2016 and FY2017 Appropriations for CJS

FY2016 Appropriations

On December 18, 2015, President Obama signed into law the Consolidated Appropriations Act, 2016 (P.L. 114-113). Division B of the act (the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016) provided $66.000 billion for CJS, which included $9.246 billion for the Department of Commerce, $29.090 billion for DOJ, $26.754 billion for the science agencies, and $910 million for the related agencies.

The Obama Administration's FY2017 Request

For FY2017, the Obama Administration requested a total of $67.573 billion for CJS, which included $66.410 billion in discretionary funding and $1.163 billion in new mandatory funding. The Administration's FY2017 budget proposal included $9.728 billion for the Department of Commerce, $29.828 billion for DOJ, $26.995 billion for the science agencies, and $1.022 billion for the related agencies. The request also included $1.163 billion in new mandatory funding for NASA and NSF (see Table 1). The proposal was an attempt to fund what the Obama Administration believed to be critical investments in science while adhering to existing budget caps on discretionary spending. The Obama Administration's FY2017 request included the following:

The Senate Committee-Reported FY2017 CJS Appropriations Bill

On April 21, 2016, the Senate Committee on Appropriations reported their FY2017 CJS appropriations bill (S. 2837). The bill would have provided a total of $66.309 billion for CJS, an amount that was 0.5% greater than the FY2016 appropriation, but 0.2% less than the Obama Administration's request (excluding the requested $1.163 billion in mandatory funding). The Senate committee-reported bill included $9.316 billion for the Department of Commerce, $29.246 billion for the DOJ, $26.821 billion for the science agencies, and $925 million for the related agencies. Notably, the Senate Committee on Appropriations did not accept the Obama Administration's request to provide a total of $1.163 billion in new mandatory funding for NASA and NSF. The Senate Committee on Appropriations did not accept the Obama Administration's proposal to increase funding for many CJS accounts, instead proposing funding for many CJS accounts at or near the FY2016-enacted level. S. 2837 included the following:

The House Committee-Reported FY2017 CJS Appropriations Bill

On June 7, 2016, the House Committee on Appropriations reported its FY2017 CJS appropriations bill (H.R. 5393). The House committee-reported bill would have provided a total of $66.296 billion for CJS, an amount that was 0.4% greater than the FY2016 appropriation, but 1.9% less than the Obama Administration's request (excluding the new mandatory funding). H.R. 5393 included $9.051 billion for the Department of Commerce, $29.437 billion for the Department of Justice, $26.920 billion for the science agencies, and $887 million for the related agencies. Like S. 2837, the House committee-reported bill did not include the $1.163 billion in new mandatory funding for NASA and NSF the Obama Administration requested. The House Committee on Appropriations also largely declined the Administration's proposal to increase funding for many CJS accounts, with a few notable exceptions. The House bill included the following:

In addition to these funding changes, the House Committee on Appropriations funded the Executive Office of Immigration Review (EOIR) and the Office of the Pardon Attorney (OPA) through separate accounts. For FY2016, funding for EOIR and OPA came from the Administrative Review and Appeals account.7

The Consolidated Appropriations Act, 2017

The Consolidated Appropriations Act, 2017 (P.L. 115-31) provides a total of $66.360 billion for CJS. This amount includes $109 million in emergency funding provided under the NASA Construction and Environmental Compliance and Restoration account for repairs at NASA-owned facilities that were damaged during recent natural disasters. The total appropriation includes $9.237 billion for the Department of Commerce, $28.962 billion for the Department of Justice, $27.240 billion for the science agencies, and $921 million for the related agencies. The total appropriation for CJS was mostly in line with the Obama Administration's request and the amounts recommended by the House and Senate appropriations committees. The FY2017 appropriation is 0.5% greater than the FY2016 appropriation. The act includes the following:

In addition to these funding changes, for FY2017, Congress changed the Administrative Review and Appeals account under DOJ to the Executive Office for Immigration Review account. The Executive Office for Immigration Review was traditionally funded through the Administrative Review and Appeals account, along with the Office of the Pardon Attorney. Funding for the Pardon Attorney was moved to the General Legal Activities account.

Table 1 outlines the FY2016-enacted appropriations, the Administration's FY2017 request, the Senate and the House committee-reported, and the FY2017-enacted amounts for the Departments of Commerce and Justice, the science agencies, and the related agencies.

Table 1. Commerce, Justice, Science, and Related Agencies (CJS) Appropriations, FY2016 and FY2017

(Budget authority in millions of dollars)

Departments and Related Agencies

FY2016 Enacted

FY2017 Administration's Request

FY2017 Senate Committee-reported

FY2017 House Committee-Reported

FY2017 Enacted

Department of Commerce

 

 

 

 

 

International Trade Administration

$483.0

$521.4

$483.0

$483.0

$483.0

Bureau of Industry and Security

112.5

126.9

112.5

114.0

112.5

Economic Development Administration

261.0

258.5

254.0

264.5

276.0

Economic Development Assistance Programs

(222.0)

(215.0)

(215.0)

(225.0)

(237.0)

Salaries and Expenses

(39.0)

(43.5)

(39.0)

(39.5)

(39.0)

Minority Business Development Agency

32.0

35.6

32.0

34.0

34.0

Economics and Statistics Administration (excluding Census)

109.0

114.6

109.0

107.0

107.3

Census Bureau

1,370.0

1,633.6

1,518.3

1,470.0

1,470.0

Current Surveys and Programs

(270.0)

(285.3)

(270.0)

(270.0)

(270.0)

Periodic Censuses and Programs

(1,100.0)

(1,348.3)

(1,248.3)

(1,200.0)

(1,200.0)

National Telecommunications and Information Administration

39.5

50.8

39.5

36.3

32.0

U.S. Patent and Trademark Office (USPTO)a

3,272.0

3,230.0

3,230.0

3,230.0

3,230.0

Offsetting Fee Receipts (USPTO)

-3,272.0

-3,230.0

-3,230.0

-3,230.0

-3,230.0

National Institute of Standards and Technology

964.0

1,014.5

974.0

865.0

952.0

Scientific and Technical Research and Services

(690.0)

(730.5)

(700.0)

(680.0)

(690.0)

Industrial Technology Services

(155.0)

(189.0)

(155.0)

(135.0)

(153.0)

Manufacturing Extension Partnerships

(130.0)

(142.0)

(130.0)

(130.0)

(130.0)

National Network for Manufacturing Innovation

(25.0)

(47.0)

(25.0)

(5.0)

(25.0)

Adjustment for Prior Year Recoveries

(-2.0)

Construction of Research Facilities

(119.0)

(95.0)

(119.0)

(50.0)

(109.0)

National Oceanic and Atmospheric Administration

5,765.6

5,848.2

5,691.2

5,580.6

5,675.4

Operations, Research, and Facilitiesb

(3,305.8)

(3,494.2)

(3,339.4)

(3,298.0)

(3,367.9)

Procurement, Acquisition, and Construction

(2,400.4)

(2,270.1)

(2,286.9)

(2,217.6)

(2,242.6)

Other Fishery Activities

(65.4)

(84.4)

(65.4)

(65.4)

(65.4)

Fisheries Finance Program Account

(-6.0)

(-0.4)

(-0.4)

(-0.4)

(-0.4)

Departmental Management

109.1

123.9

103.0

97.0

94.7

Subtotal: Department of Commerce

9,245.6

9,728.2

9,316.5

9,051.4

9,237.0

Department of Justice

 

 

 

 

 

General Administration

659.0

714.7

682.5

706.4

676.7

General Administration

(142.5)

(183.5)

(164.1)

(155.0)

(145.1)

Salaries and Expenses

(111.5)

(125.9)

(114.1)

(115.0)

(114.1)

Justice Information Sharing Technology

(31.0)

(57.6)

(50.0)

(40.0)

(31.0)

Administrative Review & Appeals

(422.8)

(433.4)

(422.8)

Executive Office of Immigration Review

(453.2)

(436.0)

Office of the Pardon Attorney

(4.5)

Office of the Inspector General

(93.7)

(97.8)

(95.6)

(93.7)

95.6

U.S. Parole Commission

13.3

14.0

13.3

13.3

13.3

Legal Activities

3,314.6

3,352.9

3,342.6

3,364.3

3.353.8

General legal activities

(893.0)

(957.4)

(893.0)

(893.0)

(897.5)

United States Attorneys

(2,000.0)

(2,074.4)

(2,030.0)

(2,050.0)

(2.035.0)

Antitrust Division

(165.0)

(180.5)

(165.0)

(165.0)

(165.0)

Offsetting Fee Collections (Antitrust Division)

(-124.0)

(-125.0)

(-125.0)

(-125.0)

(-125.0)

U.S. Trustee Program

(225.9)

(229.7)

(225.9)

(225.9)

(225.9)

Offsetting Fee Collections (U.S. Trustee Program)

(-162.0)

(-163.0)

(-163.0)

(-163.0)

(-163.0)

New fees for U.S. Trustee Programc

(-125.0)

Foreign Claims Settlement Commission

(2.4)

(2.4)

(2.4)

(2.4)

(2.4)

Fees and Expenses of Witnesses

(270.0)

(270.0)

(270.0)

(270.0)

(270.0)

Community Relations Service

(14.4)

(19.0)

(14.4)

(15.5)

(15.5)

Assets Forfeiture Fundd

(20.5)

(20.5)

(20.5)

(20.5)

(20.5)

Vaccine Injury Compensation Trust Fund

(9.4)

(12.0)

(9.4)

(10.0)

(10.0)

United States Marshals Service

2,700.0

2,789.2

2,713.5

2,743.0

2,713.5

Salaries and Expenses

(1,230.6)

(1,275.2)

(1,249.0)

(1,258.0)

(1,249.0)

Construction

(15.0)

(10.0)

(10.0)

(10.0)

(10.0)

Federal Prisoner Detention

(1,454.4)

(1,504.0)

(1,454.4)

(1,475.0)

(1,454.4)

National Security Division

95.0

97.3

95.0

97.3

96.0

Interagency Law Enforcement

512.0

522.1

512.0

522.1

517.0

Federal Bureau of Investigation

8,798.8

9,502.4

9,451.1

9,077.9

9,006.4

Salaries and Expenses

(8,489.8)

(8,718.9)

(8,617.1)

(8,768.9)

(8,767.2)

Construction

(309.0)

(783.5)

(834.0)

(309.0)

(420.2)

Transfer of Balances from the Working Capital Fund

(-181.0)

Drug Enforcement Administration

2,080.0

2,103.0

2,103.0

2,103.0

2,103.0

Bureau of Alcohol, Tobacco, Firearms and Explosives

1,240.0

1,306.1

1,258.6

1,257.8

1,258.6

Federal Prison System

7,481.2

7,301.9

7,094.2

7,159.5

7,141.5

Salaries and Expenses

(6,948.5)

(7,186.2)

(6,978.5)

(7,016.8)

(7,008.8)

Construction

(530.0)

(113.0)

(113.0)

(140.0)

(130.0)

Limitation on Administrative Expenses, Federal Prison Industries

(2.7)

(2.7)

(2.7)

(2.7)

(2.7)

Office on Violence Against Women

101.0e

163.0f

102.5g

527.5

155.5h

Office of Justice Programs

1,883.0

1,675.5

1,662.9

1,566.5

1,705.8

Research, Evaluation, and Statistics

(116.0)

(154.0)

(118.0)

(93.0)

(89.0)

State and Local Law Enforcement Assistance

(1,408.5)

(1,097.8)

(1,183.6)

(1,199.9)

(1,280.5)i

Juvenile Justice Programs

(270.2)

(334.4)

(272.0)

(184.3)

(247.0)

Public Safety Officers Benefits

(88.3)

(89.3)

(89.3)

(89.3)

(89.3)

Community Oriented Policing Services

212.0

286.0

215.0

299.0

221.5

Obligation Cap on the Crime Victims Fund

3,042.0

2,000.0

2,957.0

2,737.0

2,573.0

Offsetting Receipts

-3,042.0

-2,000.0

-2,957.0

-2,737.0

-2,573.0

Subtotal: Department of Justice

29,089.8

29,828.1

29,246.2

29,437.5

28,962.5

Science Agencies

 

 

 

 

 

Office of Science and Technology Policy

5.6

5.6

5.6

5.6

5.6

National Aeronautics and Space Administration

19,285.0

19,025.1

19,306.0

19,508.0

19,762.3

Science (discretionary)

(5,589.4)

(5,302.5)

(5,395.0)

(5,597.0)

(5,764.9)

Science (new mandatory)

(298.0)

Aeronautics (discretionary)

(640.0)

(634.5)

(601.0)

(712.0)

(660.0)

Aeronautics (new mandatory)

(155.9)

Space Technology (discretionary)

(686.5)

(690.0)

(686.5)

(739.2)

(686.5)

Space Technology (new mandatory)

(136.1)

Exploration (discretionary)

(4,030.0)

(3,163.9)

(4,330.0)

(4,183.0)

(4,324.0)

Exploration (new mandatory)

(173.0)

Space Operations

(5,029.2)

(5,075.8)

(4,950.7)

(4,890.3)

(4,950.7)

Education

(115.0)

(100.1)

(108.0)

(115.0)

(100.0)

Safety, Security, and Mission Services

(2,768.6)

(2,836.8)

(2,796.7)

(2,835.4)

(2,768.6)

Construction and Environmental Compliance and Restoration

(388.9)

(419.8)

(400.0)

(398.0)

(469.7)j

Inspector General

(37.4)

(38.1)

(38.1)

(38.1)

(37.9)

National Science Foundation

7,463.5

7,964.0

7,509.8

7,406.1

7,472.2

Research and Related Activities (discretionary)

(6,033.6)

(6,079.4)

(6,033.6)

(6,079.4)

(6,033.6)

Research and Related Activities (new mandatory)

(346.0)

Education and Human Resources (discretionary)

(880.0)

(898.9)

(880.0)

(880.0)

(880.0)

Education and Human Resources (new mandatory)

(54.0)

Major Research Equipment and Facilities Construction

(200.3)

(193.1)

(246.6)

(87.1)

(209.0)

Agency Operations and Award Management

(330.0)

(373.0)

(330.0)

(340.0)

(330.0)

National Science Board

(4.4)

(4.4)

(4.4)

(4.4)

(4.4)

Office of the Inspector General

(15.2)

(15.2)

(15.2)

(15.2)

(15.2)

Subtotal: Science Agencies

26,754.0

26,994.7

26,821.3

26,919.7

27,240.1

Science Agencies (Discretionary)

26,754.0

25,831.7

26,821.3

26,919.7

27,240.1

Science Agencies (New Mandatory)

1,163.0

Related Agencies

 

 

 

 

 

U.S. Commission on Civil Rights

9.2

9.4

9.2

9.2

9.2

Equal Employment Opportunity Commission

364.5

376.6

364.5

364.5

364.5

International Trade Commission

88.5

92.9

88.5

90.0

91.5

Legal Services Corporation

385.0

475.0

395.0

350.0

385.0

Marine Mammal Commission

3.4

3.4

3.4

3.4

3.4

Office of the U.S. Trade Representative

54.5

59.4

59.4

65.0

62.0

State Justice Institute

5.1

5.1

5.1

5.1

5.1

Subtotal: Related Agencies

910.3

1,021.9

925.2

887.3

920.8

CJS Total

65,999.7

67,572.9

66,309.1

66,295.8

66,360.3

CJS Total (Discretionary)

65,999.7

66,409.9

66,309.1

66,295.8

66,360.3

CJS Total (New Mandatory)

1,163.0

Rescission of Unobligated Balances

878.7

757.5

840.1

890.8

1,142.3

Sources: The FY2016-enacted amounts were taken from the joint explanatory statement to accompany P.L. 114-113, printed in the December 17, 2015, Congressional Record (pp. H9732-H9759). The Administration's FY2017 requested amounts were taken from the departments' and agencies' respective budget justifications and S.Rept. 114-239. The Senate Committee-reported amounts were taken from S.Rept. 114-239. The House Committee-reported amounts were taken from H.Rept. 114-605. The FY2017-enacted amounts were taken from the joint explanatory statement to accompany P.L. 115-31, printed in the May 3, 2017, Congressional Record (pp. H3365-H3390).

Notes: Amounts may not add to totals due to rounding. The amounts in Table 1 do not include any rescissions of unobligated balances, nor do they reflect any scorekeeping adjustments. Amounts in Table 1 in parenthesis are subaccounts.

a. The U.S. Patent and Trademark Office (USPTO) is fully funded by user fees. The fees collected but not obligated during the current fiscal year are available for obligation in the following fiscal year and do not count toward the appropriations totals. Only newly appropriated funds count toward the annual appropriations totals. Total figures for the Department of Commerce exclude the USPTO.

b. The amount for the Operations, Research, and Facilities account includes a transfer out for the Promote and Develop Fund.

c. In the FY2017 budget request for the Department of Justice, the Administration proposed an amendment to 28 U.S.C. § 1930(a) to increase the amount of fees the U.S. Trustees can collect.

d. As a part of the annual CJS appropriations act, Congress traditionally sets a limit on the amount of expenses that can be paid for the purposes authorized under (B), (F), and (G) of Section 524(c)(1) of Title 28 of the United States Code.

e. This amount does not include the $379 million transfer from the Crime Victims Fund to the Office on Violence Against Women per P.L. 114-113.

f. The Administration proposed transferring $326 million from the Crime Victims Fund to the Office on Violence Against Women.

g. S. 2837 included a proposal to transfer $379 million from the Crime Victims Fund to the Office on Violence Against Women.

h. This amount does not include a $326 million transfer from the Crime Victims Fund to the Office on Violence Against Women per P.L. 115-31.

i. This amount includes $7 million that was appropriated pursuant to the Further Continuing and Security Assistance Appropriations Act, 2017 (P.L. 114-254) for the Edward Byrne Memorial Justice Assistance Grant (JAG) program to reimburse overtime costs associated with providing security for President-elect Donald Trump that was extended until the end of FY2017 by the Consolidated Appropriations Act, 2017 (P.L. 115-31). This amount also includes $15 million that was appropriated for the Emergency Federal Law Enforcement Assistance program pursuant to section 542 of Division B of the Consolidated Appropriations Act, 2017 (P.L. 115-31).

j. This amount includes $109 million in emergency funding for repairing NASA-owned facilities that were damaged by natural disasters appropriated pursuant to section 540 of Division B of the Consolidated Appropriations Act, 2017 (P.L. 115-31).

Historical Funding for CJS

Figure 1 shows the total appropriations, in both nominal and inflation-adjusted dollars, for CJS for FY2007-FY2016 (more detailed historical appropriations data can be found in Table 2).8 The data show that nominal appropriations for CJS increased between FY2007 and FY2010. Appropriations for CJS peaked in FY2009 at $76.782 billion if emergency supplemental appropriations from the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5) are included. If ARRA funding is not considered, appropriations peaked in FY2010 at $69.146 billion. ARRA provided a substantial increase in appropriations for FY2009. The $15.992 billion Congress appropriated for CJS under ARRA was equal to approximately 25% of the amount Congress provided for CJS through regular appropriations.

Appropriations for CJS decreased from FY2010 to FY2013. Nominal appropriations for CJS were relatively flat in FY2014 and FY2015, though appropriations in both FY2014 and FY2015 were higher than they were in FY2013. If not for sequestration, which cut nearly $4 billion out of the total amount Congress appropriated for CJS for FY2013, funding for CJS would have held steady at approximately $61 billion between FY2011 and FY2015. CJS appropriations increased by approximately $4 billion in FY2016, largely due to the fact that Congress increased the discretionary budget cap when it passed, and the President signed, the Bipartisan Budget Act of 2015 (P.L. 114-74).

Figure 1. Nominal and Inflation-Adjusted Appropriations for CJS, FY2007-FY2016

(Appropriations in billions of dollars)

Sources: FY2007-enacted amounts were taken from H.Rept. 110-240 and P.L. 110-28; FY2008-enacted amounts were taken from the House Committee on Appropriations' Committee Print on the Omnibus Appropriations Act, 2009 (P.L. 111-8), Division B; FY2009-enacted amounts were taken from H.Rept. 111-149; FY2010-enacted amounts were taken from S.Rept. 111-229; FY2011-enacted amounts were taken from H.Rept. 112-169; FY2012-enacted amounts were taken from H.Rept. 112-463; FY2013 post-sequestration amounts were provided by the Departments of Commerce and Justice, the Office of Science and Technology Policy, the National Aeronautics and Space Administration, the National Science Foundation, and each of the respective related agencies; FY2014-enacted amounts were taken from the joint explanatory statement to accompany P.L. 113-76, printed in the January 15, 2014, Congressional Record (pp. H507-H532); FY2015-enacted amounts were taken from the joint explanatory statement to accompany P.L. 113-235, printed in the December 11, 2014, Congressional Record (pp. H9342-H9363); and FY2016-enacted amounts were taken from the joint explanatory statement to accompany P.L. 114-113, printed in the December 17, 2015, Congressional Record (pp. H9732-H9759).

Notes: Inflation-adjusted appropriations are presented in FY2015 dollars. Appropriations were adjusted using the Gross Domestic Product (Chained) Price Index presented in Table 10.1 of the Historical Tables in the President's FY2017 budget submission. The amounts presented in Figure 1 do not include rescissions of unobligated balances or scorekeeping credits (e.g., the balance on the Crime Victims Fund). The amounts in Figure 1 include any rescissions of current-year budget authority.

Figure 2 shows total appropriations for CJS for FY2007-FY2016 by major component (i.e., the Departments of Commerce and Justice, NASA, and the NSF). The data indicate that the increases in CJS appropriations in FY2009 (not including ARRA funding) and FY2010 resulted from Congress appropriating more funding for the Department of Commerce in support of the 2010 decennial census.

Although decreased appropriations for the Department of Commerce mostly explain the overall decrease in CJS appropriations between FY2010 and FY2013 (a 47.4% reduction), cuts in funding for DOJ (-8.7%) and NASA (-9.8%) also contributed to the decrease. However, despite the reductions in funding for DOJ and NASA during these fiscal years, their appropriation in FY2013, even after sequestration, was greater in nominal terms than their appropriation in FY2007. Appropriations for both the Departments of Commerce and Justice and NASA have generally increased in the three fiscal years since FY2013.

Nominal funding for the NSF has, for the most part, steadily increased over the past 10 fiscal years. The NSF's appropriation increased in seven of the ten fiscal years from FY2007 to FY2016. The decrease in the NSF's funding for FY2013 was the result of sequestration. Increased appropriations for the NSF have mostly resulted from Congress increasing funding for the NSF's Research and Related Activities account.

Figure 2. Nominal Total CJS Appropriations, by Major Component, FY2007-FY2016

(Appropriations in billions of dollars)

Source: FY2007-enacted amounts were taken from H.Rept. 110-240 and P.L. 110-28; FY2008-enacted amounts were taken from the House Committee on Appropriations' Committee Print on the Omnibus Appropriations Act, 2009 (P.L. 111-8), Division B; FY2009-enacted amounts were taken from H.Rept. 111-149; FY2010-enacted amounts were taken from S.Rept. 111-229; FY2011-enacted amounts were taken from H.Rept. 112-169; FY2012-enacted amounts were taken from H.Rept. 112-463; FY2013 post-sequestration amounts were provided by the Departments of Commerce and Justice, the Office of Science and Technology Policy, the National Aeronautics and Space Administration, the National Science Foundation, and each of the respective related agencies; FY2014-enacted amounts were taken from the joint explanatory statement to accompany P.L. 113-76, printed in the January 15, 2014, Congressional Record (pp. H507-H532); FY2015-enacted amounts were taken from the joint explanatory statement to accompany P.L. 113-235, printed in the December 11, 2014, Congressional Record (pp. H9342-H9363); and FY2016-enacted amounts were taken from the joint explanatory statement to accompany P.L. 114-113, printed in the December 17, 2015, Congressional Record (pp. H9732-H9759).

Notes: The amounts presented in Figure 2 do not include rescissions of unobligated balances or scorekeeping credits (e.g., the balance on the Crime Victims Fund). The amounts in Figure 2 include any rescissions of current-year budget authority.

Table 2. Appropriations for CJS Agencies, by Account, FY2007-FY2016

(Budget authority in millions of dollars)

Bureau or Agency

FY2007

FY2008

FY2009

FY2010

FY2011

FY2012

FY2013a

FY2014

FY2015

FY2016

Department of Commerce

 

 

 

 

 

 

 

 

 

 

International Trade Administration

$395.6

$405.2

$420.4

$446.8

$440.7

$455.6

$438.5

$460.6

$462.0

$483.0

Bureau of Industry and Security

75.4

72.9

83.7

100.3

100.1

101.0

93.6

101.5

102.5

112.5

Economic Development Administration

280.6

779.9b

312.8

347.0

283.4

457.5

218.3

246.5

250.0

261.0

Minority Business Development Agency

29.7

28.6

29.8

31.5

30.3

30.3

27.5

28.0

30.0

32.0

Economic and Statistical Analysis

79.8

81.1

90.6

97.2

97.1

96.0

93.3

99.0

100.0

109.0

Census Bureau

893.0

1,440.2

3,139.9

7,324.7

1,149.7

888.3

840.6

945.0

1,088.0

1,370.0

National Telecommunications and Information Administration

39.8

36.3

39.2

40.0

41.6

45.6

42.7

46.0

38.2

39.5

U.S. Patent and Trademark Office (USPTO)

1,771.0

1,915.5

2,010.1

2,016.0

2,090.0

2,706.3

2,783.7

3,024.0

3,458.0

3,272.0

Offsetting Fee Receipts (USPTO)

-1,771.0

-1,915.5

-2,087.0

-1,887.0

-2,090.0

-2,706.3

-2,933.2

-3,024.0

-3,458.0

-3,272.0

Technology Administration

2.0

National Institute of Standards and Technology

676.9

755.8

819.0

856.6

750.1

750.8

769.3

850.0

863.9

964.0

National Oceanic and Atmospheric Administration

4,078.3

3,988.5

4,365.2

4,788.5

4,588.0

4,893.7

5,050.7

5,314.6

5,441.0

5,765.6

Departmental Management

73.7

70.0

83.8

107.5

99.8

88.9

84.6

89.5

91.1

109.1

Commerce Subtotal

6,624.8

7,658.5

9,307.5

14,269.2

7,580.9

7,807.7

7,509.6

8,180.6

8,466.7

9,245.6

Department of Justice

 

 

 

 

 

 

 

 

 

 

General Administration

1,836.1

1,798.8

2,067.8

2,285.8

2,208.1

2,227.9

503.5

533.2

435.6

659.0

General Administration

(310.6)

(257.6)

(370.8)

(456.9)

(312.2)

(262.1)

(135.7)

(135.8)

(137.3)

(142.5)

Administrative Review & Appeals

(229.1)

(240.6)

(266.0)

(298.8)

(296.1)

(301.0)

(287.9)

(311.0)

(347.1)

(422.8)

Detention Trusteec

(1,225.8)

(1,225.9)

(1,355.3)

(1,445.7)

(1,515.6)

(1,580.6)

Office of the Inspector General

(70.6)

(74.8)

(75.7)

(84.4)

(84.2)

(84.2)

(80.0)

(86.4)

(88.6)

(93.7)

U.S. Parole Commission

11.5

11.5

12.6

12.9

12.8

12.8

11.9

12.6

13.3

13.3

Legal Activities

2,567.8

2,724.1

2,918.2

3,108.3

3,177.3

3,187.2

2,989.5

3,180.8

3,220.2

3,314.6

General legal activities

(678.8)

(747.2)

(805.7)

(889.0)

(863.4)

(863.4)

(819.3)

(867.0)

(885.0)

(893.0)

United States Attorneys

(1,659.9)

(1,759.8)

(1,851.3)

(1,943.2)

(1,930.1)

(1,960.0)

(1,830.3)

(1,944.0)

(1,960.0)

(2,000.0)

Otherd

(229.1)

(217.1)

(261.2)

(276.1)

(383.8)

(363.8)

(340.0)

(369.8)

(375.2)

(421.6)

U.S. Marshals Service

825.4

895.1

964.0

1,190.0

1,140.1

1,189.0

2,655.6

2,727.8

1,700.1e

2,700.0

National Security Division

68.7

73.4

85.2

87.9

87.8

87.0

83.8

91.8

93.0

95.0

Interagency Law Enforcement

497.9

497.9

515.0

549.6

527.5

527.5

484.4

514.0

507.2

512.0

Federal Bureau of Investigation

6,298.6

6,763.8

7,336.2

7,922.5

7,926.3

8,118.0

7,558.8

8,343.3

8,436.6

8,798.8

Drug Enforcement Administration

1,757.1

1,887.4

1,959.1

2,053.4

2,015.6

2,035.0

1,907.3

2,018.0

2,033.3

2,080.0

Bureau of Alcohol, Tobacco, Firearms & Explosives

988.1

1,011.6

1,068.2

1,158.3

1,112.5

1,152.0

1,071.6

1,179.0

1,201.0

1,240.0

Federal Prison System

5,448.2

5,612.6

6,178.9

6,208.1

6,384.1

6,644.0

6,447.2

6,861.7

6,923.7

7,481.2

Office of Violence Against Women (OVW)

382.6

400.0

415.0

418.5

417.7

412.5

387.9

417.0

430.0

101.0f

Office of Justice Programs (OJP)

1,986.7

1,694.8

2,066.6

2,283.5

1,697.9

1,616.3

1,518.5

1,643.3

1,690.8

1,883.0

Research, Evaluation, and Statistics

(238.3)

(196.2)

(220.0)

(235.0)

(234.5)

(113.0)

(119.1)

(120.0)

(111.0)

(116.0)

State and Local Law Enforcement Assistance

(1,286.8)

(1,008.1)

(1,328.5)

(1,534.8)

(1,117.8)

(1,162.5)

(1,060.5)

(1,171.5)

(1,241.0)

(1,408.5)

Weed and Seed

(49.4)

(32.1)

(25.0)

(20.0)

Juvenile Justice Programs

(338.4)

(383.5)

(374.0)

(423.6)

(275.4)

(262.5)

(261.0)

(254.5)

(251.5)

(270.2)

Public Safety Officers Benefits

(73.8)

(74.8)

(119.1)

(70.1)

(70.1)

(78.3)

(77.9)

(97.3)

(87.3)

(88.3)

Community Oriented Policing Services (COPS)

541.8

857.2

550.5

791.6

494.9

198.5

209.7

214.0

208.0

212.0

OVW, OJP, and COPS Salaries and Expenses

195.0

213.4

186.6

DOJ Subtotal

23,210.4

23,958.3

26,332.3

28,283.7

27,389.2

27,407.7

25,829.7

27,736.6

27,030.2

29,089.8

Science Agencies

 

 

 

 

 

 

 

 

 

 

Office of Science and Technology Policy

5.5

5.2

5.3

7.0

6.6

4.5

5.5

5.6

5.6

5.6

National Aeronautics and Space Administration

16,284.3

17,401.9

17,782.4

18,724.3

18,448.0

17,800.0

16,879.5

17,646.5

18,010.2

19,285.0

National Science Foundation

5,917.2

6,127.5

6,490.4

6,926.5

6,859.9

7,033.1

6,884.1

7,171.9

7,344.2

7,463.5

Science Agencies Subtotal

22,207.0

23,534.6

24,278.1

25,657.8

25,314.5

24,837.6

23,769.2

24,824.0

25,360.0

26,754.0

Related Agencies

 

 

 

 

 

 

 

 

 

 

Commission on Civil Rights

9.0

8.5

8.8

9.4

9.4

9.2

8.7

9.0

9.2

9.2

Equal Employment Opportunity Commission

328.7

329.3

343.9

367.3

366.6

360.0

344.2

364.0

364.5

364.5

International Trade Commission

62.0

68.4

75.1

81.9

81.7

80.0

78.9

83.0

84.5

88.5

Legal Services Corporation

348.6

350.5

390.0

420.0

404.2

348.0

340.9

365.0

375.0

385.0

Marine Mammal Commission

2.9

2.8

3.2

3.3

3.2

3.0

2.9

3.3

3.3

3.4

U.S. Trade Representative

44.2

44.1

47.3

47.8

47.7

51.3

47.6

52.6

54.3

54.5

State Justice Institute

3.5

3.8

4.1

5.1

5.1

5.1

4.8

4.9

5.1

5.1

Related Agencies Subtotal

798.8

807.4

872.4

934.8

917.9

856.6

827.9

881.8

895.9

910.3

Total Appropriation

52,841.0

55,958.7

60,790.3

69,145.5

61,202.5

60,909.6

57,936.4

61,622.9

61,752.7

65,999.7

American Recovery and Reinvestment Act

15,922.0g

Rescission of Unobligated Balances

360.5

901.8

610.6

2,559.7h

2,416.0

905.9

881.6

219.3

679.6

878.7

Sources: FY2007-enacted amounts were taken from H.Rept. 110-240 and P.L. 110-28; FY2008-enacted amounts were taken from the House Committee on Appropriations' Committee Print on the Omnibus Appropriations Act, 2009 (P.L. 111-8), Division B; FY2009-enacted amounts were taken from H.Rept. 111-149; FY2010-enacted amounts were taken from S.Rept. 111-229; FY2011-enacted amounts were taken from H.Rept. 112-169; FY2012-enacted amounts were taken from H.Rept. 112-463; FY2013 post-sequestration amounts were provided by the Departments of Commerce and Justice, the Office of Science and Technology Policy, the National Aeronautics and Space Administration, the National Science Foundation, and each of the respective related agencies; FY2014-enacted amounts were taken from the joint explanatory statement to accompany P.L. 113-76, printed in the January 15, 2014, Congressional Record (pp. H507-H532); FY2015-enacted amounts were taken from the joint explanatory statement to accompany P.L. 113-235, printed in the December 11, 2014, Congressional Record (pp. H9342-H9363); and FY2016-enacted amounts were taken from the joint explanatory statement to accompany P.L. 114-113, printed in the December 17, 2015, Congressional Record (pp. H9732-H9759).

Notes: Amounts may not add to totals due to rounding. Amounts include all supplemental appropriations, except that the FY2009 amounts do not include appropriations pursuant to the American Recovery and Reinvestment Act (P.L. 111-5). Amounts also include all rescission of current-year budget authority, but they do not include rescissions of prior year's unobligated balances. In FY2005, FY2006, and FY2007, the CJS appropriations acts included funding for the Department of State, and in FY2005 the act also included funding for the Judiciary. Appropriations for the Department of State and the Judiciary are not reflected in the total appropriations for FY2005-FY2007. In addition, between FY2005 and FY2008, the CJS appropriations acts included several "related agencies" (e.g., the Federal Trade Commission, the Federal Communications Commission, the Small Business Administration) that are no longer funded through the CJS appropriations act. To make the total appropriation for each fiscal year as comparable as possible, the total appropriation only includes appropriations for the "related agencies" that are currently in the CJS appropriations act.

a. FY2013 appropriations include sequestration.

b. For FY2008, the Economic Development Administration received $100.0 million in supplemental funding under P.L. 110-252 and $400.0 million in supplemental funding under P.L. 110-329.

c. Under the Consolidated and Further Continuing Appropriations Act (P.L. 113-6), Congress eliminated funding for the Office of the Federal Detention Trustee account and instead provided funding for a Federal Prisoner Detention account under the U.S. Marshals Service. Funding under this account covers the costs associated with the care of federal detainees.

d. "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.

e. This amount does not include a required transfer of $1.1 billion in unobligated balances from the Assets Forfeiture Fund to the U.S. Marshals Federal Prisoner Detention account.

f. This amount does not include the $379 million transfer from the Crime Victims Fund to the Office on Violence Against Women per P.L. 114-113.

g. A total of $15.922 billion was included in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5) for CJS accounts. This included $150.0 million for the Economic Development Administration; $1.0 billion for the Census Bureau; $5.4 billion for the National Telecommunications and Information Administration; $580.0 million for the National Institute of Standards and Technology; $830.0 million for the National Oceanic and Atmospheric Administration; $6.0 million for the Department of Commerce's Office of the Inspector General; $2.0 million for the Department of Justice's Office of the Inspector General; $225.0 million for the Office on Violence Against Women; $2.765 billion for the State and Local Law Enforcement Assistance account (of which $10.0 million was transferred to the ATF); $1.0 billion for the Community Oriented Policing Services Office; $10.0 million for the OVW, OJP, and COPS Salaries and Expenses; $1.002 billion for the National Aeronautics and Space Administration; and $3.002 billion for the National Science Foundation.

h. This amount includes $531.2 million in rescissions of unobligated balances included in P.L. 111-117; $111.5 million in rescissions of unobligated balances included in P.L. 111-212; $129.0 million in rescissions of unobligated balances included in P.L. 111-224; and $1.788 billion in rescissions of unobligated balance included in P.L. 112-6.

Author Contact Information

[author name scrubbed], Analyst in Crime Policy ([email address scrubbed], [phone number scrubbed])

Key Policy Staff

Area of Expertise

Name

Phone

Email

Departments

 

 

 

Department of Justice

[author name scrubbed]

[phone number scrubbed]

[email address scrubbed]

Department of Commerce

[author name scrubbed]

[phone number scrubbed]

[email address scrubbed]

Agencies and Policy Areas

 

 

 

OJP, COPS, BOP, U.S. Marshals

[author name scrubbed]

[phone number scrubbed]

[email address scrubbed]

ATF

[author name scrubbed]

[phone number scrubbed]

[email address scrubbed]

Juvenile Justice, U.S. Attorneys

Kristin M. Finklea

[phone number scrubbed]

[email address scrubbed]

DEA, OVW, FBI

[author name scrubbed]

[phone number scrubbed]

[email address scrubbed]

Trade-related agencies: ITA, ITC, and USTR

[author name scrubbed]

[phone number scrubbed]

[email address scrubbed]

BIS

[author name scrubbed]

[phone number scrubbed]

[email address scrubbed]

EDA, MBDA

[author name scrubbed]

[phone number scrubbed]

[email address scrubbed]

Telecommunications, NTIA

Laurie Harris

[phone number scrubbed]

[email address scrubbed]

Census Bureau, ESA

[author name scrubbed]

[phone number scrubbed]

[email address scrubbed]

U.S. Patent and Trademark Office

[author name scrubbed]

[phone number scrubbed]

[email address scrubbed]

NIST

John F. Sargent

[phone number scrubbed]

[email address scrubbed]

Office of Science and Technology Policy

John F. Sargent

[phone number scrubbed]

[email address scrubbed]

NOAA

[author name scrubbed]

[phone number scrubbed]

[email address scrubbed]

NASA

[author name scrubbed]

[phone number scrubbed]

[email address scrubbed]

NSF

Laurie Harris

[phone number scrubbed]

[email address scrubbed]

Legal Services Corporation

[author name scrubbed]

[phone number scrubbed]

[email address scrubbed]

Footnotes

1.

Note that the science agencies funded in the CJS bill are not the only federal agencies that fund science.

2.

U.S. Department of Commerce, "About Commerce," at http://www.commerce.gov/about-department-commerce.

3.

U.S. Department of Justice, "About DOJ," at http://www.justice.gov/about/about.html.

4.

Executive Order 12881 established the National Science and Technology Council.

5.

Executive Order 13539 established the President's Council of Advisors on Science and Technology.

6.

The National Science Foundation Act of 1950 (P.L. 81-507), Purpose.

7.

Administrative Review and Appeals account included funding for the Executive Office for Immigration Review (EOIR) and the Office of the Pardon Attorney (OPA). The EOIR is responsible for the review and adjudication of immigration cases in coordination with the Department of Homeland Security. The OPA receives and reviews petitions for executive clemency.

8.

In FY2007, the CJS Appropriations Act included funding for the Department of State. Appropriations for the Department of State are not reflected in the total appropriations for FY2007. In addition, in FY2007 and FY2008, the CJS appropriations acts included several "related agencies" (e.g., the Federal Trade Commission, the Federal Communications Commission, the Small Business Administration) that are no longer funded through the CJS appropriations act. To make the total appropriations for each fiscal year as comparable as possible, the total only includes appropriations for the "related agencies" that are currently in the CJS appropriations act.