Overview of FY2019 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)

June 20, 2018 (R45237)
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Summary

This report describes actions taken by the Trump Administration and Congress to provide FY2019 funding for Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of enacted FY2018 funding for agencies and bureaus funded as part of annual CJS appropriations acts.

For FY2018, Congress and the President provided a total of $72.119 billion in funding for CJS. This included $70.921 billion in regular funding provided in the Consolidated Appropriations Act, 2018 (P.L. 115-141) and $1.198 billion in emergency-designated funding provided in the Further Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2018 (P.L. 115-123).

The Administration requests $66.555 billion for CJS for FY2019, which is 7.7% less than total FY2018 funding and 6.2% less than regular FY2018 funding (which excludes emergency-designated funding). The Administration requests $9.797 billion for the Department of Commerce, $28.835 billion for the Department of Justice, $27.372 billion for the science agencies, and $551 million for the related agencies. The Administration's budget proposes eliminating funding for several CJS agencies and accounts, including the Economic Development Administration and the Legal Services Corporation. The Administration's budget proposes moving funding for the High Intensity Drug Trafficking Areas program from the Office of National Drug Control Policy to the Drug Enforcement Administration, closing the Community Oriented Policing Services (COPS) Office and moving its responsibilities to the Office of Justice Programs (OJP), and a new account structure for the National Aeronautics and Space Administration.

The bill reported by the House Committee on Appropriations (H.R. 5952) would provide a total of $73.923 billion for CJS for FY2019, an amount that is 4.2% greater than regular FY2018 funding (which excludes emergency-designated funding) and 11.1% greater than the Administration's request. The bill would provide $12.106 billion for the Department of Commerce, $31.113 billion for the Department of Justice, $29.728 billion for the science agencies, and $976 million for the related agencies. The committee largely declined to adopt many of the Administration's proposals to eliminate funding for several CJS agencies and accounts, though the committee-reported bill would move funding for the COPS program to OJP and it includes the Administration's proposed account structure for NASA.

The bill reported by the Senate Committee on Appropriations (S. 3072) would provide a total of $72.648 billion for CJS for FY2019, an amount that is 2.4% more than regular FY2018 funding (which excludes emergency-designated funding) and 9.2% more than the Administration's request. The bill would provide $11.572 billion for the Department of Commerce, $30.699 billion for the Department of Justice, $29.400 billion for the science agencies, and $977 million for the related agencies. The Senate Committee on Appropriations largely declined to adopt many of the proposals put forth by the Administration in its FY2019 budget. Unlike the House committee-reported bill, S. 3072 would fund the COPS program through its own account and the committee did not include the Administration's new account structure for NASA.


Overview of FY2019 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)

This report describes actions taken by the Administration and Congress to provide FY2019 appropriations for Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of enacted FY2018 appropriations for agencies and bureaus funded as part of annual CJS appropriations.

The dollar amounts in this report reflect only new funding made available at the start of the fiscal year. Therefore, the amounts do not include any rescissions of unobligated or deobligated balances that may be counted as offsets to newly enacted appropriations, nor do they include any scorekeeping adjustments (e.g., the budgetary effects of provisions limiting the availability of the balance in the Crime Victims Fund). In the text of the report, appropriations are rounded to the nearest million. However, percentage changes are calculated using whole, not rounded, numbers, meaning that in some instances there may be small differences between the actual percentage change and the percentage change that would be calculated by using the rounded amounts discussed in the report.

Overview of CJS

The annual CJS appropriations act provides funding for the Departments of Commerce and Justice, select 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 "create the conditions for economic growth and opportunity."2 The department promotes "job creation and economic growth by ensuring fair and reciprocal trade, providing the data necessary to support commerce and constitutional democracy, and fostering innovation by setting standards and conducting foundational research and development."3 It 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 pursues and implements policies that affect 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.

The agencies within the Department of Commerce, and their responsibilities, 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."4 DOJ also provides legal advice and opinions, upon request, to the President and executive branch department heads.

The major functions of DOJ offices and agencies are described below:

Science Offices and Agencies

The science offices and 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

The primary function of the Office of Science and Technology Policy (OSTP) is to provide the President and others within the Executive Office of the President with advice on the scientific, engineering, and technological aspects of issues that require the attention of the federal government.5 The OSTP director also manages the National Science and Technology Council,6 which coordinates science and technology policy across the executive branch of the federal government, and cochairs the President's Council of Advisors on Science and Technology,7 a council of external advisors that provides advice to the President on matters related to science and technology policy.

The National Space Council

The National Space Council, in the Executive Office of the President, is a coordinating body for U.S. space policy. Chaired by the Vice President, it consists of the Secretaries of State, Defense, Commerce, Transportation, and Homeland Security; the Administrator of NASA; and other senior officials. The council previously existed from 1988 to 1993 and was reestablished by the Trump Administration in June 2017.

National Aeronautics and Space Administration

The National Aeronautics and Space Administration (NASA) was created to conduct civilian space and aeronautics activities.8 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 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. The foundation was established as an independent federal agency "to promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense; and for other purposes."9 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.

Related Agencies

The annual CJS appropriations act includes funding for several related agencies:

FY2018 Enacted Funding

For FY2018, Congress and the President provided a total of $72.119 billion for CJS. This included $70.921 billion in regular funding provided pursuant to the Consolidated Appropriations Act, 2018 (P.L. 115-141) and $1.198 billion in emergency-designated funding provided pursuant to the Further Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2018 (P.L. 115-123). For FY2018, the Department of Commerce received $12.137 billion ($11.137 billion without emergency-designated funding), the Department of Justice received $30.384 billion ($30.299 billion without emergency-designated funding), the science agencies received $28.609 billion ($28.511 billion without emergency-designated funding), and the related agencies received $989 million ($974 million without emergency-designated funding).

The Administration's FY2019 Budget Request

The Administration requests $66.555 billion for CJS for FY2019, which is 7.7% less than total FY2018 funding and 6.2% less than FY2018 regular funding (which excludes emergency-designated funding). When comparing the Administration's FY2019 request to the FY2018 funding, it should be considered that the Administration formulated its FY2019 budget request before full-year appropriations for FY2018 were enacted. FY2018 funding levels, for the purposes of this request, were calculated based on FY2017 funding minus a reduction (0.6791%) as extended under a series of continuing resolutions.10

The Administration requests the following:

The Administration's FY2019 budget for CJS proposes eliminating several agencies and programs:

The Administration requested some funding for the EDA and Legal Services Corporation to help provide for an orderly closeout of these agencies.

The Administration's budget also proposes to move funding for the High Intensity Drug Trafficking Areas (HIDTA) program to the DEA. Currently, HIDTA funding is administered by the Office of National Drug Control Policy.

The Administration's requested funding for many CJS accounts is below FY2018 levels; however, there are a handful of exceptions:

The Administration also proposes a new account structure for NASA, with three new accounts: Exploration Research and Technology, Deep Space Exploration Systems, and low Earth orbit (LEO) and Spaceflight Operations. The proposed Exploration Research and Technology account would combine the Space Technology account with some elements of the Exploration account and the proposed Deep Space Exploration Systems account would be the Exploration account minus the elements moved to the Exploration Research and Technology account. LEO and Spaceflight Operations would essentially be a renaming of the Space Operations account.

The House Committee-Reported Bill (H.R. 5952)

The House committee-reported bill (H.R. 5952) would provide a total of $73.923 billion for CJS for FY2019, an amount that is 4.2% greater than regular FY2018 funding (which excludes emergency-designated funding) and 11.1% greater than the Administration's request. The House Committee on Appropriations recommends

The committee-reported bill would increase funding for most CJS accounts compared to regular FY2018 funding. Some of the exceptions include

In general, the committee-reported bill would fund CJS accounts at or above the Administration's request, but there are a few exceptions:

The House Committee on Appropriations did not adopt most of the Administration's proposals. The committee did not eliminate funding for EDA, NIST's Manufacturing Extension Partnership, the Community Relations Service, NASA's Education program, and the Legal Services Corporation. With the exception of NASA's Education program, the committee-reported bill would fund these agencies and programs at a level equal to FY2018 regular funding. Additionally, the committee-reported bill does not provide funding for the HIDTA program under the DEA. However, the committee did adopt two of the Administration's proposals. Funding for the COPS program would be moved to OJP under H.R. 5952. Also, the committee-reported bill includes the Administration's proposed account structure for NASA.

The Senate Committee-Reported Bill (S. 3072)

The Senate committee-reported bill (S. 3072) would provide a total of $72.648 billion for CJS for FY2019, an amount that is 2.4% more than regular FY2018 funding (which excludes emergency-designated funding) and 9.2% more than the Administration's request. The Senate committee-reported bill would provide

In general, the Senate Committee on Appropriations recommends funding many CJS accounts at or above the regular FY2018 funding amount. A few notable exceptions include

The Senate committee-reported bill would fund nearly every CJS account at or above the level requested by the Administration. The Senate Committee on Appropriations also declined to adopt many of the proposals the Administration put forth in its FY2019 budget. Unlike the House committee-reported bill, S. 3072 would fund the COPS program through its own account and the committee did not include the Administration's new account structure for NASA. The committee did propose changing the name of NASA's Education account to "Science, Technology, Engineering, and Mathematics Opportunities." The Senate bill would also fund the Office on Violence Against Women via a transfer from the Crime Victims Fund.

Table 1 outlines the FY2018 funding, the Administration's FY2019 request, and the House and Senate committee-reported amounts for the Departments of Commerce and Justice, the science agencies, and the related agencies.

Table 1. Funding for Commerce, Justice, Science, and Related Agencies (CJS), FY2018 and FY2019

Budget authority in millions of dollars

Departments and Related Agencies

FY2018 Enacted

FY2019 Administration's Request

FY2019 House Committee-Reported

FY2019 Senate Committee-Reported

FY2019 Enacted

Department of Commerce

 

 

 

 

 

International Trade Administration

$482.0

$440.1

$480.0

$488.0

 

Bureau of Industry and Security

113.5

120.6

113.5

121.6

 

Economic Development Administration

901.5

14.9

301.5

305.5

 

Economic Development Assistance Programs

(862.5a)

(262.5)

(266.5)

 

Salaries and Expenses

(39.0)

(14.9)

(39.0)

(39.0)

 

Minority Business Development Agency

39.0

10.0

40.0

39.0

 

Economics and Statistics Administration (excluding Census)

99.0

101.0

99.0

102.0

 

Census Bureau

2,814.0

3,800.5

4,780.0

3,821.4

 

Current Surveys and Programs

(270.0)

(249.1)

(270.0)

(270.0)

 

Periodic Censuses and Programs

(2,544.0)

(3,551.3)

(4,530.0)

(3,551.4)

 

National Telecommunications and Information Administration

39.5

33.6

39.5

39.5

 

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

3,500.0

3,370.0

3,370.0

3,370.0

 

Offsetting Fee Receipts (USPTO)

-3,500.0

-3,370.0

-3,370.0

-3,370.0

 

National Institute of Standards and Technology

1,198.5

629.1

985.0

1,037.5

 

Scientific and Technical Research and Services

(724.5)

(573.4)

(720.0)

(724.5)

 

Industrial Technology Services

(155.0)

(15.1)

(145.0)

(155.0)

 

Manufacturing Extension Partnership

(140.0)

(140.0)

(140.0)

 

National Network for Manufacturing Innovation

(15.0)

(15.1)

(5.0)

(15.0)

 

Construction of Research Facilities

(319.0)

(40.5)

(120.0)

(158.0)

 

National Oceanic and Atmospheric Administration

6,309.5

4,553.1

5,158.6

5,483.0

 

Operations, Research, and Facilitiesc

(3,657.2d)

(2,937.8)

(3,473.7)

(3,599.1)

 

Procurement, Acquisition, and Construction

(2,369.9e)

(1,623.0)

(1,607.6)

(1,806.5)

 

Other Fishery Activities

(65.3)

(0.3)

(65.3)

(70.3)

 

Fisheries Finance Program Account

(-3.0)

(-8.0)

(-8.0)

(-8.0)

 

Fisheries Disaster Assistance

(220.0f)

(20.0)

(15.0)

 

Departmental Management

140.9

93.8

89.2

134.4

 

Subtotal: Department of Commerce

12,137.4

9,796.9

12,106.1

11,571.8

 

Department of Justice

 

 

 

 

 

General Administration

746.8

801.2

870.5

807.6

 

General Administration

(149.0)

(145.9)

(142.5)

(149.0)

 

Salaries and Expenses

(114.0)

(114.2)

(102.5)

(114.0)

 

Justice Information Sharing Technology

(35.0)

(31.7)

(40.0)

(35.0)

 

Executive Office of Immigration Review

(500.5)

(559.4)

(626.0)

(559.4)

 

Office of the Inspector General

(97.3)

(95.9)

(102.0)

(99.2)

 

U.S. Parole Commission

13.3

12.7

12.7

13.3

 

Legal Activities

3,386.6

3,191.2

3,364.9

3,303.3

 

General legal activities

(897.5)

(891.8)

(897.5)

(910.5)

 

United States Attorneys

(2,136.8)

(2,105.2)

(2,250.0)

(2,179.5)

 

Antitrust Division

(165.0)

(164.7)

(165.0)

(165.0)

 

Offsetting Fee Collections (Antitrust Division)

(-126.0)

(-136.0)

(-136.0)

(-136.0)

 

U.S. Trustee Program

(225.9)

(223.2)

(230.0)

(225.9)

 

Offsetting Fee Collections (U.S. Trustee Program)

(-231.0)

(-360.0)

(-360.0)

(-360.0)

 

Foreign Claims Settlement Commission

(2.4)

(2.4)

(2.4)

(2.4)

 

Fees and Expenses of Witnesses

(270.0)

(270.0)

(270.0)

(270.0)

 

Community Relations Service

(15.5)

(15.5)

(15.5)

 

Assets Forfeiture Fundg

(20.5)

(20.5)

(20.5)

(20.5)

 

Vaccine Injury Compensation Trust Fund

(10.0)

(9.3)

(10.0)

(10.0)

 

United States Marshals Service

2,903.4

2,821.3

2,986.2

2,948.4

 

Salaries and Expenses

(1,314.0h)

(1,270.4)

(1,392.4)

(1,377.4)

 

Construction

(53.4)

(15.0)

(25.0)

(35.0)

 

Federal Prisoner Detention

(1,536.0)

(1,536.0)

(1,586.8)

(1,536.0)

 

National Security Division

101.0

101.4

101.4

101.4

 

Interagency Law Enforcement

542.9

521.6

570.0

521.6

 

Federal Bureau of Investigation

9,421.4

8,924.0

9,319.3

9,415.2

 

Salaries and Expenses

(9,051.4i)

(8,872.1)

(9,254.3)

(9,030.2)

 

Construction

(370.0)

(51.9)

(65.0)

(385.0)

 

Drug Enforcement Administration

2,201.8j

2,441.5

2,319.7

2,234.1

 

Salaries and Expenses

(2,201.8)

(2,187.5)

(2,319.7)

(2,234.1)

 

High Intensity Drug Trafficking Areas

(254.0)

 

Bureau of Alcohol, Tobacco, Firearms and Explosives

1,293.8

1,316.7

1,316.7

1,316.7

 

Federal Prison System

7,328.3

7,144.0

7,305.1

7,533.0

 

Salaries and Expenses

(7,130.0k)

(7,042.3)

(7,152.4)

(7,256.3)

 

Construction

(195.6l)

(99.0)

(150.0)

(274.0)

 

Limitation on Administrative Expenses, Federal Prison Industries

(2.7)

(2.7)

(2.7)

(2.7)

 

Office on Violence Against Women

m

n

493.0

o

 

Office of Justice Programs

2,169.3

1,559.3

2,453.3

2,194.3

 

Research, Evaluation, and Statistics

(90.0)

(77.0)

(94.0)

(90.0)

 

State and Local Law Enforcement Assistance

(1,680.0)

(1,132.5)

(2,018.5)

(1,678.5)

 

Juvenile Justice Programs

(282.5)

(229.5)

(212.0)

(297.0)

 

Public Safety Officers Benefits

(116.5)

(120.3)

(128.8)

(128.8)

 

Community Oriented Policing Services

275.5

310.0

 

Obligation Cap on the Crime Victims Fund

4,436.0

2,300.0

2,600.0

4,436.0

 

Offsetting Receipts

-4,436.0

-2,300.0

-2,600.0

-4,436.0

 

Subtotal: Department of Justice

30,384.0

28,834.7

31,112.8

30,698.8

 

Science Agencies

 

 

 

 

 

Office of Science and Technology Policy

5.5

5.5

5.5

5.5

 

National Space Council

2.0

2.0

2.0

2.0

 

National Aeronautics and Space Administration

20,817.4

19,892.2

21,545.7

21,323.4

 

Science

(6,221.5)

(5,895.0)

(6,680.6)

(6,400.3)

 

Aeronautics

(685.0)

(633.9)

(715.0)

(725.0)

 

Space Technology

(760.0)

(932.8)

 

Exploration Research and Technology

(1,002.7)

(900.0)

 

Exploration

(4,790.0)

(5,338.7)

 

Deep Space Exploration Systems

(4,558.8)

(5,083.9)

 

Space Operations

(4,751.5)

(4,639.1)

 

Low Earth Orbit and Spaceflight Operations

(4,624.6)

(4,624.7)

 

Education

(100.0)

(90.0)

(110.0p)

 

Safety, Security, and Mission Services

(2,826.9)

(2,749.7)

(2,850.0)

(2,750.0)

 

Construction and Environmental Compliance and Restoration

(643.5q)

(388.2)

(562.2)

(388.2)

 

Inspector General

(39.0)

(39.3)

(39.3)

(39.3)

 

National Science Foundation

7,783.7

7,472.0

8,174.9

8,068.7

 

Research and Related Activities

(6,350.8r)

(6,150.7)

(6,651.5)

(6,556.2)

 

Education and Human Resources

(902.0)

(873.4)

(902.0)

(915.0)

 

Major Research Equipment and Facilities Construction

(182.8)

(94.7)

(268.0)

(249.3)

 

Agency Operations and Award Management

(328.5)

(333.6)

(333.6)

(328.5)

 

National Science Board

(4.4)

(4.3)

(4.4)

(4.4)

 

Office of the Inspector General

(15.2)

(15.4)

(15.4)

(15.4)

 

Subtotal: Science Agencies

28,608.6

27,371.7

29,728.1

29,399.6

 

Related Agencies

 

 

 

 

 

U.S. Commission on Civil Rights

9.7

9.2

9.2

10.1

 

Equal Employment Opportunity Commission

379.5

363.8

379.0

379.5

 

International Trade Commission

93.7

87.6

95.0

95.0

 

Legal Services Corporation

425.0s

18.2

410.0

410.0

 

Marine Mammal Commission

3.4

2.4

3.4

4.2

 

Office of the U.S. Trade Representative

57.6

63.0

57.6

57.6

 

Trade Enforcement Fund

15.0

15.0

15.0

 

State Justice Institute

5.1

6.9

5.8

6.1

 

Subtotal: Related Agencies

989.1

551.2

976.1

977.5

 

CJS Total

72,119.0

66,554.5

73,923.0

72,647.7

 

Rescission of Unobligated Balances

-661.1

-469.8

-866.0

-951.3

 

Sources: The FY2018 enacted amounts were taken from the joint explanatory statement to accompany P.L. 115-141, printed in the March 22, 2018, Congressional Record (pp. H2084-H2115). The FY2019 requested amounts and the House committee-reported amounts were taken from the report to accompany H.R. 5952 (H.Rept. 115-704). The Senate committee-reported amounts were taken from the report to accompany S. 3072 (S.Rept. 115-275).

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

a. This amount includes $600 million in emergency-designated funding for Economic Development Assistance Programs.

b. Funding for the U.S. Patent and Trademark Office (USPTO) is fully derived from user fees.

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

d. This amount includes $121 million in emergency-designated funding for the Operations, Research, and Facilities account.

e. This amount includes $79 million in emergency-designated funding for the Procurement, Acquisition, and Construction account.

f. This amount includes $200 million in emergency-designated funding for Fisheries Disaster Assistance.

g. 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.

h. This amount includes $3 million in emergency-designated funding for the Marshals Service's Salaries and Expenses account.

i. This amount includes $21 million in emergency-designated funding for the Federal Bureau of Investigation's Salaries and Expenses account.

j. This amount includes $12 million in emergency-designated funding for the Drug Enforcement Administration's Salaries and Expenses account.

k. This amount includes $16 million in emergency-designated funding for the Bureau of Prisons' Salaries and Expenses account.

l. This amount includes $34 million in emergency-designated funding for the Bureau of Prisons' Buildings and Facilities account.

m. Per P.L. 115-141, $492 million is to be transferred from the Crime Victims Fund to the Office on Violence Against Women.

n. The Administration's budget requests proposes to fund OVW at $485.5 million for FY2019, all of which would be derived from a transfer from the Crime Victims Fund.

o. The Senate committee-reported bill would provide $498 million for the Office on Violence Against Women, all of which would be derived from a transfer from the Crime Victims Fund.

p. S. 3072 would change the name of NASA's Education account to "Science, Technology, Engineering, and Mathematics Opportunities."

q. This amount includes $81 million in emergency-designated funding for the National Aeronautics and Space Administration's Construction and Environmental Compliance and Restoration account.

r. This amount includes $16 million in emergency-designated funding for the National Science Foundation's Research and Related Activities account.

s. This amount includes $15 million in emergency-designated funding for the Legal Services Corporation.

Historical Funding for CJS

Figure 1 shows the total CJS funding for FY2009-FY2018, in both nominal and inflation-adjusted dollars (more-detailed historical appropriations data can be found in Table 2). The data show that nominal funding for CJS reached a new 10-year high in FY2018, if emergency supplemental funding from the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5) is not counted. Otherwise, peak funding for CJS over the past 10 fiscal years was in FY2009. ARRA provided a substantial increase in funding for FY2009. The $15.992 billion in funding for CJS under ARRA added approximately 25% to the amount Congress and the President provided for CJS through the regular appropriation process that year. While regular nominal funding over the past 10 fiscal years was at its highest in FY2018, in inflation-adjusted terms, funding for FY2018 was lower than it was in FY2010.

Increased funding for CJS coincides with the increase to the discretionary budget caps under the Budget Control Act of 2011 (BCA, P.L. 112-25).11 The BCA put into effect statutory limits on discretionary spending for FY2012-FY2021. Under the act, discretionary spending limits were scheduled to be adjusted downward each fiscal year until FY2021. However, legislation was enacted that increased discretionary spending caps for FY2014 to FY2018. A sequestration of discretionary funding, ordered pursuant to the BCA, cut nearly $4 billion out of the total amount Congress and the President provided for CJS for FY2013. Since then, funding for CJS has increased as more discretionary funding has been allowed under the BCA.

Figure 1. Nominal and Inflation-Adjusted Funding for CJS, FY2009-FY2018

Appropriations in billions of dollars

Sources: 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); 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); 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); FY2018 enacted amounts were taken from the joint explanatory statement to accompany P.L. 115-141, printed in the March 22, 2018, Congressional Record (pp. H2084-H2115).

Notes: Inflation-adjusted appropriations are presented in FY2018 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 FY2019 budget submission. The amounts do not include rescissions of unobligated balances or scorekeeping credits (e.g., the balance on the Crime Victims Fund). The amounts include any rescissions of current-year budget authority and any supplemental appropriations.

Figure 2 shows total CJS funding for FY2009-FY2018 by major component (i.e., the Departments of Commerce and Justice, NASA, and the NSF). Increases in CJS funding in FY2009 (not including ARRA funding) and FY2010 largely resulted from more funding for the Department of Commerce in support of the 2010 decennial census, though there were small increases during that same time in funding for DOJ, NASA, and NSF.

Although decreased appropriations for the Department of Commerce mostly explain the overall decrease in CJS appropriations from FY2010 to FY2013 (a 47.4% reduction), cuts in funding for DOJ (-8.7%) and NASA (-9.8%) also contributed. Funding for NSF held relatively steady from FY2010 to FY2013.

Overall CJS funding has increased since FY2014, and this is partially explained by more funding for the Department of Commerce to help the Census Bureau prepare for the 2020 decennial census. However, over this time period there have also been steady increases in funding for DOJ (+9.5%), NASA (+18.0%), and NSF (+8.5%), as higher discretionary spending caps have been used to provide additional funding to these agencies. Also, the increase in funding for the Department of Commerce is not solely due to more funding for the Census Bureau. Funding has increased for other agencies within the department, such as NOAA (+18.7%) and NIST (+$41.0%).

Figure 2. Nominal Total CJS Funding, by Major Component, FY2009-FY2018

Appropriations in billions of dollars

Source: 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); 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); 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); FY2018 enacted amounts were taken from the joint explanatory statement to accompany P.L. 115-141, printed in the March 22, 2018, Congressional Record (pp. H2084-H2115).

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

Table 2. Funding for CJS Agencies, by Account, FY2009-FY2018

Budget authority in millions of dollars

Bureau or Agency

FY2009

FY2010

FY2011

FY2012

FY2013a

FY2014

FY2015

FY2016

FY2017

FY2018

Department of Commerce

 

 

 

 

 

 

 

 

 

 

International Trade Administration

$420.4

$446.8

$440.7

$455.6

$438.5

$460.6

$462.0

$483.0

$483.0

$482.0

Bureau of Industry and Security

83.7

100.3

100.1

101.0

93.6

101.5

102.5

112.5

112.5

113.5

Economic Development Administration

312.8

347.0

283.4

457.5

218.3

246.5

250.0

261.0

276.0

901.5

Minority Business Development Agency

29.8

31.5

30.3

30.3

27.5

28.0

30.0

32.0

34.0

39.0

Economic and Statistical Analysis

90.6

97.2

97.1

96.0

93.3

99.0

100.0

109.0

107.3

99.0

Census Bureau

3,139.9

7,324.7

1,149.7

888.3

840.6

945.0

1,088.0

1,370.0

1,470.0

2,814.0

National Telecommunications and Information Administration

39.2

40.0

41.6

45.6

42.7

46.0

38.2

39.5

32.0

39.5

U.S. Patent and Trademark Office (USPTO)

2,010.1

2,016.0

2,090.0

2,706.3

2,783.7

3,024.0

3,458.0

3,272.0

3,230.0

3,500.0

Offsetting Fee Receipts (USPTO)

-2,087.0

-1,887.0

-2,090.0

-2,706.3

-2,933.2

-3,024.0

-3,458.0

-3,272.0

-3,230.0

-3,500.0

National Institute of Standards and Technology

819.0

856.6

750.1

750.8

769.3

850.0

863.9

964.0

952.0

1,198.5

National Oceanic and Atmospheric Administration

4,365.2

4,788.5

4,588.0

4,893.7

5,050.7

5,314.6

5,441.0

5,765.6

5,675.4

6,309.5

Departmental Management

83.8

107.5

99.8

88.9

84.6

89.5

91.1

109.1

94.7

140.9

Commerce Subtotal

9,307.5

14,269.2

7,580.9

7,807.7

7,509.6

8,180.6

8,466.7

9,245.6

9,237.0

12,137.4

Department of Justice

 

 

 

 

 

 

 

 

 

 

General Administration

2,067.8

2,285.8

2,208.1

2,227.9

503.5

533.2

435.6

659.0

676.7

746.8

General Administration

(370.8)

(456.9)

(312.2)

(262.1)

(135.7)

(135.8)

(137.3)

(142.5)

(145.1)

(149.0)

Administrative Review & Appeals

(266.0)

(298.8)

(296.1)

(301.0)

(287.9)

(311.0)

(347.1)

(422.8)

Executive Office for Immigration Review

(436.0)

(500.5)

Detention Trusteeb

(1,355.3)

(1,445.7)

(1,515.6)

(1,580.6)

Office of the Inspector General

(75.7)

(84.4)

(84.2)

(84.2)

(80.0)

(86.4)

(88.6)

(93.7)

(95.6)

(97.3)

U.S. Parole Commission

12.6

12.9

12.8

12.8

11.9

12.6

13.3

13.3

13.3

13.3

Legal Activities

2,918.2

3,108.3

3,177.3

3,187.2

2,989.5

3,180.8

3,220.2

3,314.6

3,353.8

3,386.6

General legal activities

(805.7)

(889.0)

(863.4)

(863.4)

(819.3)

(867.0)

(885.0)

(893.0)

(897.5)

(897.5)

United States Attorneys

(1,851.3)

(1,943.2)

(1,930.1)

(1,960.0)

(1,830.3)

(1,944.0)

(1,960.0)

(2,000.0)

(2,035.0)

(2,136.8)

Otherc

(261.2)

(276.1)

(383.8)

(363.8)

(340.0)

(369.8)

(375.2)

(421.6)

(421.3)

(352.3)

U.S. Marshals Service

964.0

1,190.0

1,140.1

1,189.0

2,655.6

2,727.8

1,700.1d

2,700.0

2,713.5

2,903.4

National Security Division

85.2

87.9

87.8

87.0

83.8

91.8

93.0

95.0

96.0

101.0

Interagency Law Enforcement

515.0

549.6

527.5

527.5

484.4

514.0

507.2

512.0

517.0

542.9

Federal Bureau of Investigation

7,336.2

7,922.5

7,926.3

8,118.0

7,558.8

8,343.3

8,436.6

8,798.8

9,006.4

9,421.4

Drug Enforcement Administration

1,959.1

2,053.4

2,015.6

2,035.0

1,907.3

2,018.0

2,033.3

2,080.0

2,103.0

2,201.8

Bureau of Alcohol, Tobacco, Firearms & Explosives

1,068.2

1,158.3

1,112.5

1,152.0

1,071.6

1,179.0

1,201.0

1,240.0

1,258.6

1,293.8

Federal Prison System

6,178.9

6,208.1

6,384.1

6,644.0

6,447.2

6,861.7

6,923.7

7,481.2

7,141.5

7,328.3

Office of Violence Against Women (OVW)

415.0

418.5

417.7

412.5

387.9

417.0

430.0

101.0e

155.5f

i

Office of Justice Programs (OJP)

2,066.6

2,283.5

1,697.9

1,616.3

1,518.5

1,643.3

1,690.8

1,883.0

1,705.8

2,169.3

Research, Evaluation, and Statistics

(220.0)

(235.0)

(234.5)

(113.0)

(119.1)

(120.0)

(111.0)

(116.0)

(89.0)

(90.0)

State and Local Law Enforcement Assistance

(1,328.5)

(1,534.8)

(1,117.8)

(1,162.5)

(1,060.5)

(1,171.5)

(1,241.0)

(1,408.5)

(1,280.5)

(1,680.0)

Weed and Seed

(25.0)

(20.0)

Juvenile Justice Programs

(374.0)

(423.6)

(275.4)

(262.5)

(261.0)

(254.5)

(251.5)

(270.2)

(247.0)

(282.5)

Public Safety Officers Benefits

(119.1)

(70.1)

(70.1)

(78.3)

(77.9)

(97.3)

(87.3)

(88.3)

(89.3)

(116.8)

Community Oriented Policing Services (COPS)

550.5

791.6

494.9

198.5

209.7

214.0

208.0

212.0

221.5

275.5

OVW, OJP, and COPS Salaries and Expenses

195.0

213.4

186.6

DOJ Subtotal

26,332.3

28,283.7

27,389.2

27,407.7

25,829.7

27,736.6

27,030.2

29,089.8

28,962.5

30.384.0

Science Agencies

 

 

 

 

 

 

 

 

 

 

Office of Science and Technology Policy

5.3

7.0

6.6

4.5

5.5

5.6

5.6

5.6

5.6

5.5

National Space Council

2.0

National Aeronautics and Space Administration

17,782.4

18,724.3

18,448.0

17,800.0

16,879.5

17,646.5

18,010.2

19,285.0

19,762.3

20,817.4

National Science Foundation

6,490.4

6,926.5

6,859.9

7,033.1

6,884.1

7,171.9

7,344.2

7,463.5

7,472.2

7,783.7

Science Agencies Subtotal

24,278.1

25,657.8

25,314.5

24,837.6

23,769.2

24,824.0

25,360.0

26,754.0

27,240.1

28,608.6

Related Agencies

 

 

 

 

 

 

 

 

 

 

Commission on Civil Rights

8.8

9.4

9.4

9.2

8.7

9.0

9.2

9.2

9.2

9.7

Equal Employment Opportunity Commission

343.9

367.3

366.6

360.0

344.2

364.0

364.5

364.5

364.5

379.5

International Trade Commission

75.1

81.9

81.7

80.0

78.9

83.0

84.5

88.5

91.5

93.7

Legal Services Corporation

390.0

420.0

404.2

348.0

340.9

365.0

375.0

385.0

385.0

425.0

Marine Mammal Commission

3.2

3.3

3.2

3.0

2.9

3.3

3.3

3.4

3.4

3.4

U.S. Trade Representative

47.3

47.8

47.7

51.3

47.6

52.6

54.3

54.5

62.0

57.6

Trade Enforcement Fund

15.0

State Justice Institute

4.1

5.1

5.1

5.1

4.8

4.9

5.1

5.1

5.1

5.1

Related Agencies Subtotal

872.4

934.8

917.9

856.6

827.9

881.8

895.9

910.3

920.8

989.1

Total Appropriation

60,790.3

69,145.5

61,202.5

60,909.6

57,936.4

61,622.9

61,752.7

65,999.7

66,360.3

72.119.0

American Recovery and Reinvestment Act

15,922.0g

Rescission of Unobligated Balances

-610.6

-2,559.7h

-2,416.0

-905.9

-881.6

-219.3

-679.6

-878.7

-1,142.3

-661.1

Sources: 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); 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); 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); FY2018 enacted amounts were taken from the joint explanatory statement to accompany P.L. 115-141, printed in the March 22, 2018, Congressional Record (pp. H2084-H2115).

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 a prior year's unobligated balances. Amounts in parenthesis are subaccounts.

a. FY2013 appropriations include sequestration.

b. 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.

c. "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.

d. 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.

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

f. 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.

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 million for the Economic Development Administration; $1.0 billion for the Census Bureau; $5.4 billion for the National Telecommunications and Information Administration; $580 million for the National Institute of Standards and Technology; $830 million for the National Oceanic and Atmospheric Administration; $6 million for the Department of Commerce's Office of the Inspector General; $2 million for the Department of Justice's Office of the Inspector General; $225 million for the Office on Violence Against Women; $2.765 billion for the State and Local Law Enforcement Assistance account (of which $10 million was transferred to the ATF); $1.0 billion for the Community Oriented Policing Services Office; $10 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.

i. Per P.L. 115-141, $492 million was transferred from the Crime Victims Fund to the Office on Violence Against Women.

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

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, National Space Council

[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 science agencies.

2.

U.S. Department of Commerce, "About Commerce: Mission," at https://www.commerce.gov/page/about-commerce#mission.

3.

Ibid.

4.

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

5.

National Science and Technology Policy, Organization, and Priorities Act of 1976 (P.L. 94-282).

6.

Executive Order 12881 established the National Science and Technology Council.

7.

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

8.

National Aeronautics and Space Act of 1958 (P.L. 85-568).

9.

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

10.

The initial continuing resolution (P.L. 115-56) was extended by P.L. 115-90, P.L. 115-96, P.L. 115-120, and P.L. 115-123. For more information on the initial continuing resolution, see CRS Report R44978, Overview of Continuing Appropriations for FY2018 (P.L. 115-56).

11.

For more information on the BCA, see CRS Report R44874, The Budget Control Act: Frequently Asked Questions.