Contents

• Overview of CJS
• Department of Commerce
• Department of Justice
• Science Offices and Agencies
• Office of Science and Technology Policy
• The National Space Council
• National Science Foundation
• National Aeronautics and Space Administration
• Related Agencies
• FY2019 Enacted Funding
• The Administration's FY2020 Budget Request
• The House-Passed Bill
• The Senate-Passed Bill
• FY2020 Enacted Appropriations
• Historical Funding for CJS

Summary

This report describes actions taken by the Trump Administration and Congress to provide FY2020 appropriations for Commerce, Justice, Science, and Related Agencies (CJS) accounts. The annual CJS appropriations act provides funding for the Department of Commerce, which includes bureaus and offices such as the Census Bureau, the U.S. Patent and Trademark Office (USPTO), the National Oceanic and Atmospheric Administration (NOAA), and the National Institute of Standards and Technology (NIST); the Department of Justice (DOJ), which includes agencies such as the Federal Bureau of Investigation (FBI), the Bureau of Prisons (BOP), the U.S. Marshals, the Drug Enforcement Administration (DEA), and the U.S. Attorneys; the National Aeronautics and Space Administration (NASA); the National Science Foundation (NSF); and several related agencies such as the Legal Services Corporation and the Equal Employment Opportunity Commission (EEOC).

For FY2019, CJS agencies received a total of $74.068 billion, which includes $72.908 billion in regular funding provided pursuant to the Consolidated Appropriations Act, 2019 (P.L. 116-6), $940 million in supplemental funding provided pursuant to the Additional Supplemental Appropriations for Disaster Relief Act, 2019 (P.L. 116-20), and $220 million provided pursuant to the Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019 (P.L. 116-26).

The Administration's initial request for CJS for FY2020 was $71.732 billion, which included $12.475 billion for the Department of Commerce, $30.612 billion for the Department of Justice, $28.092 billion for the science agencies, and $552 million for the related agencies. On May 13, 2019, the Administration submitted a supplemental budget request to Congress, which included a requested $1.597 billion for NASA to aid their efforts to return astronauts to the Moon by 2024. The Administration's FY2020 budget proposed eliminating several CJS agencies and programs, including the Economic Development Administration, the Community Oriented Policing Services Office, NASA's STEM Engagement Office (formerly the Office of Education), and the Legal Services Corporation. The Administration proposed reducing funding for many accounts in CJS, though there were a few exceptions—the most notable of which was the proposed $2.334 billion increase for the Census Bureau's Periodic Censuses and Programs account. The increased funding was requested to help the Census Bureau conduct the decennial 2020 Census.

The CJS appropriations bill passed by the House would have provided a total of $80.534 billion for CJS for FY2020. The House-passed bill included $16.433 billion for the Department of Commerce, $31.998 billion for DOJ, $30.959 billion for the science agencies, and $1.143 billion for the related agencies. In comparison, the Senate-passed bill would have provided a total of $79.716 billion for CJS, which included $15.197 billion for the Department of Commerce, $32.446 billion for DOJ, $31.075 billion for the science agencies, and $999 million for the related agencies. Both bills would have increased funding for CJS, which was partially attributable to a proposed increase in funding for the Census Bureau to conduct the 2020 decennial census. Both the House and the Senate declined to adopt many of the Administration's proposals to eliminate several CJS agencies and programs.

On December 20, 2019, President Trump signed into law the Consolidated Appropriations Act, 2020 (P.L. 116-93), which provides $79.759 billion for CJS. This amount includes $15.221 billion for the Department of Commerce, $32.605 billion for the Department of Justice, $30.915 billion for the science agencies, and$1.019 billion for the related agencies. While increased funding for CJS relative to the FY2019 enacted amount is partially attributable to an increase in funding for the Census Bureau to help it conduct the 2020 decennial census, the act also provides increased funding for most CJS accounts. The act also includes funding for the agencies that the Administration proposed eliminating in its FY2020 budget.

This report describes actions taken by the Administration and Congress to provide FY2020 appropriations for Commerce, Justice, Science, and Related Agencies (CJS) accounts.

The dollar amounts in this report reflect only new appropriations 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 bureaus and offices 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 public safety-related 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:

• International Trade Administration (ITA) seeks to strengthen the international competitiveness of U.S. industry, promote trade and investment, and ensure fair trade and compliance with trade laws and agreements;
• Bureau of Industry and Security (BIS) works to ensure an effective export control and treaty compliance system and promote continued U.S. leadership in strategic technologies by maintaining and strengthening adaptable, efficient, and effective export controls and treaty compliance systems, along with active leadership and involvement in international export control regimes;
• Economic Development Administration (EDA) promotes innovation and competitiveness, preparing American regions for growth and success in the worldwide economy;
• Minority Business Development Agency (MBDA) promotes the growth of minority owned businesses through the mobilization and advancement of public and private sector programs, policy, and research;
• Bureau of Economic Analysis (BEA) is a federal statistical agency that promotes a better understanding of the U.S. economy by providing timely, relevant, and accurate economic accounts data in an objective and cost-effective manner;
• Census Bureau is a federal statistical agency that measures and disseminates information about the U.S. economy, society, and institutions, which fosters economic growth, advances scientific understanding, and facilitates informed decisions;
• National Telecommunications and Information Administration (NTIA) advises the President on communications and information policy;
• United States Patent and Trademark Office (USPTO) fosters innovation, competitiveness, and economic growth domestically and abroad by providing high-quality and timely examination of patent and trademark applications, guiding domestic and international intellectual property (IP) policy, and delivering IP information and education worldwide;
• National Institute of Standards and Technology (NIST) promotes U.S. innovation and industrial competitiveness by advancing measurement science, standards, and technology in ways that enhance economic security and improve quality of life; and
• National Oceanic and Atmospheric Administration (NOAA) provides daily weather forecasts, severe storm warnings, climate monitoring, fisheries management, coastal restoration, and support of marine commerce.

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 DOJ offices and agencies, and their functions, are described below:

• Office of the United States Attorneys prosecutes violations of federal criminal laws, represents the federal government in civil actions, and initiates proceedings for the collection of fines, penalties, and forfeitures owed to the United States;
• United States Marshals Service (USMS) provides security for the federal judiciary, protects witnesses, executes warrants and court orders, manages seized assets, detains and transports alleged and convicted offenders, and apprehends fugitives;
• Federal Bureau of Investigation (FBI) investigates violations of federal criminal law; helps protect the United States against terrorism and hostile intelligence efforts; provides assistance to other federal, state, and local law enforcement agencies; and shares jurisdiction with the Drug Enforcement Administration for the investigation of federal drug violations;
• Drug Enforcement Administration (DEA) investigates federal drug law violations; coordinates its efforts with other federal, state, and local law enforcement agencies; develops and maintains drug intelligence systems; regulates the manufacture, distribution, and dispensing of legitimate controlled substances; and conducts joint intelligence-gathering activities with foreign governments;
• Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) enforces federal law related to the manufacture, importation, and distribution of alcohol, tobacco, firearms, and explosives;
• Federal Prison System (Bureau of Prisons; BOP) houses offenders sentenced to a term of incarceration for a federal crime and provides for the operation and maintenance of the federal prison system;
• Office on Violence Against Women (OVW) provides federal leadership in developing the nation's capacity to reduce violence against women and administer justice for and strengthen services to victims of domestic violence, dating violence, sexual assault, and stalking;
• Office of Justice Programs (OJP) manages and coordinates the activities of the Bureau of Justice Assistance; Bureau of Justice Statistics; National Institute of Justice; Office of Juvenile Justice and Delinquency Prevention; Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking; and Office of Victims of Crime; and
• Community Oriented Policing Services (COPS) advances the practice of community policing by the nation's state, local, territorial, and tribal law enforcement agencies through information and grant resources.

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 was first established in 1988 through P.L. 100-685.⁸ The council ceased operations in 1993, and was reestablished by the Trump Administration in June 2017.⁹

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."¹⁰ The NSF is a primary source of federal support for U.S. university research in the nonmedical sciences and engineering. 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.

National Aeronautics and Space Administration

The National Aeronautics and Space Administration (NASA) was created to conduct civilian space and aeronautics activities.¹¹ 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 STEM Engagement (formerly the Office of Education) manages education programs for schoolchildren, college and university students, and the general public.

Related Agencies

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

• U.S. Commission on Civil Rights informs the development of national civil rights policy and enhances enforcement of federal civil rights laws;
• Equal Employment Opportunity Commission is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information;
• International Trade Commission investigates the effects of dumped and subsidized imports on domestic industries and conducts global safeguard investigations, adjudicates cases involving imports that allegedly infringe intellectual property rights, and serves as a resource for trade data and other trade policy-related information;
• Legal Services Corporation is a federally funded nonprofit corporation that provides financial support for civil legal aid to low-income Americans;
• Marine Mammal Commission works for the conservation of marine mammals by providing science-based oversight of domestic and international policies and actions of federal agencies with a mandate to address human effects on marine mammals and their ecosystems;
• Office of the U.S. Trade Representative is responsible for developing and coordinating U.S. international trade, commodity, and direct investment policy, and overseeing negotiations with other countries; and
• State Justice Institute is a federally funded nonprofit corporation that awards grants to improve the quality of justice in state courts and foster innovative, efficient solutions to common issues faced by all courts.

FY2019 Enacted Funding

For FY2019, Congress and the President provided a total of $74.068 billion for CJS. This included $72.908 billion in regular funding provided pursuant to the Consolidated Appropriations Act, 2019 (P.L. 116-6, see Table 1), $940 million in supplemental funding provided pursuant to the Additional Supplemental Appropriations for Disaster Relief Act, 2019 (P.L. 116-20), and $220 million in supplemental funding provided pursuant to the Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act, 2019 (P.L. 116-26) (see Table 2). The Department of Commerce received $12.309 billion ($11.414 billion in regular funding and $896 million in supplemental funding), the Department of Justice received $31.184 billion ($30.934 billion in regular funding and $250 million in supplemental funding), the science agencies received $29.583 billion in regular funding, and the related agencies received $992 million ($977 million in regular funding and $15 million in supplemental funding).

Comparisons in this report between FY2019 enacted funding and the Administration's FY2020 request, the House- and Senate-passed amounts, and FY2020 enacted funding are based on FY2019 regular funding (i.e., FY2019 enacted funding excluding supplemental appropriations).

The Administration's FY2020 Budget Request

The Administration's initial FY2020 budget request for CJS was $71.732 billion, which was $1.176 billion (-1.6%) less than the $72.908 billion appropriated for CJS for FY2019 (see Table 1). On May 13, 2019, the Administration submitted a supplemental request to Congress, which included $1.597 billion for NASA (see Table 3). The requested increase in funding was to aid NASA's efforts to return astronauts to the Moon by 2024.

When comparing the Administration's FY2020 request to the FY2019 funding, it should be considered that the Administration formulated its FY2020 budget request before full-year appropriations for FY2019 were enacted.

The Administration's initial FY2020 request included the following:

• $12.475 billion for the Department of Commerce, which was $1.061 billion (+9.3%) more than FY2019 enacted funding;
• $30.612 billion for the Department of Justice, which was $322 million (-1.0%) less than FY2019 enacted funding;
• $28.092 billion for the science agencies, which was $1.491 billion (-5.0%) less than FY2019 enacted funding; and
• $552 million for the related agencies, which was $425 million (-43.5%) less than FY2019 enacted funding.

The increase in funding for the Department of Commerce was almost entirely the result of a proposed $2.334 billion (+65.7%) increase for the Census Bureau's Periodic Censuses and Programs account. The funding was requested to help the Census Bureau conduct the decennial 2020 Census.

The Administration's FY2020 budget for CJS proposed eliminating the following agencies and programs:

• EDA;
• NIST's Manufacturing Extension Partnership;
• NOAA's Pacific Coastal Salmon Recovery Fund;
• DOJ's Community Relations Service (its functions would have been moved to DOJ's Civil Rights Division);
• the COPS Office (grants for community policing activities would have been moved to OJP);
• NASA's Office of STEM Engagement (formerly the Office of Education); and
• the Legal Services Corporation.

The Administration requested some funding for the EDA ($30 million) and Legal Services Corporation ($18 million) to help provide for an orderly closeout of these agencies.

The Administration proposed a $30 million (-75.0%) reduction for the Minority Business Development Administration. It proposed changing the agency's focus to being a policy office that concentrates on advocating for the minority business community as a whole rather than supporting individual minority business enterprises.

The Administration proposed moving 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 was below FY2019 levels; however, there were a few exceptions, which include the following:

• BIS (+$10 million, +8.1%),
• Economic and Statistical Analysis (+$7 million, +6.9%),
• NTIA (+$3 million, +7.4%),
• the Executive Office of Immigration Review (+$110 million, +19.6%),
• DOJ's general legal activities (+$23 million, +2.6%),
• the U.S. Marshals' Federal Prisoner Detention account (+$324 million, +20.3%),
• DOJ's National Security Division (+$8 million, +8.1%),
• ATF (+$52 million, +3.9%), and
• the Office of the U.S. Trade Representative (+$6 million, +11.3%).

The Administration proposed renaming three of NASA's accounts: the Space Technology account would have been changed to the Exploration Technology account, the Exploration account would have been changed to the Deep Space Exploration Systems account, and the Space Operations account would have been changed to the Low Earth Orbit and Spaceflight Operations account. Unlike the Administration's FY2019 budget, which also proposed a new account structure for NASA, the FY2020 budget proposal did not appear to include a realignment of items that would have been funded from these accounts.¹²

The Administration's FY2020 budget included a proposal to establish a Federal Capital Revolving Fund, which would have been administered by the General Services Administration (GSA). The Administration proposed to transfer $288 million from the proposed fund to NIST's Construction of Research Facilities account for renovating NIST's Building 1 in Boulder, CO, which would have been repaid by NIST from future appropriations at $19 million per year for 15 years.

The annual CJS appropriations act traditionally includes an obligation cap of funds expended from the Crime Victims Fund (CVF).¹³ The Administration's FY2020 budget did not include a proposed obligation cap for the CVF. Rather, the Administration proposed a new $2.300 billion annual mandatory appropriation for crime victims programs. Within this amount, $493 million would have been for the OVW, $10 million would have been for oversight of Office for Victims of Crime (OVC) programs by the OIG, $12 million would have been for developing innovative crime victims services initiatives, and a set-aside of up to $115 million would have been for tribal victims assistance grants. From the remaining amount, OVC would have provided formula and nonformula grants to the states to support crime victim compensation and victims services programs.

Also, the Administration's budget included a proposal to transfer all of the ATF's responsibilities related to alcohol and tobacco enforcement to the Department of the Treasury's Tax and Trade Bureau. The Administration argued that the proposed realignment would allow the ATF to focus on its efforts to prevent violent crime. The proposal did not affect how much the Administration requested for the ATF for FY2020.

The House-Passed Bill

On June 25, 2019, the House passed an amended version of H.R. 3055, which contained the FY2020 CJS appropriations bill (Division A) along with the FY2020 Agriculture; Interior and Environment; Military Construction and Veterans Affairs; and Transportation and Housing and Urban Development appropriations bills. The House recommended a total of $80.534 billion for CJS for FY2020. This amount was $7.626 billion (+10.5%) greater than the FY2019 enacted appropriation and $8.802 billion (+12.3%) greater than the Administration's initial request for CJS.¹⁴

The House-passed bill included the following:

• $16.433 billion for the Department of Commerce, which was $5.019 billion (+44.0%) more than the FY2019 enacted appropriation and $3.958 billion (+31.7%) more than the Administration's request;
• $31.998 billion for the Department of Justice, which was $1.064 billion (+3.4%) more than the FY2019 enacted appropriation and $1.386 billion (+4.5%) more than the Administration's request;
• $30.959 billion for the science agencies, which was $1.377 billion (+4.7%) more than the FY2019 enacted appropriation and $2.867 billion (+10.2%) more than the Administration's initial request; and
• $1.143 billion for the related agencies, which was $166 million (+17.0%) more than the FY2019 enacted appropriation and $591 million (+107.0%) more than the Administration's request.

The increase in funding for CJS proposed by the House relative to both the FY2019 enacted appropriation and the Administration's request was partially attributable to the proposed increase in funding for the Census Bureau to help it conduct the 2020 decennial census ($4.629 billion, or 121.1%, more than the FY2019 enacted appropriation and $2.301 billion, or 37.4%, more than the Administration's request).

The House recommended increased funding for nearly all CJS accounts for FY2020 relative to the FY2019 enacted appropriation. However, there were a few exceptions, including the following:

• NOAA's Procurement, Acquisition, and Construction account (-$259 million, -14.8%);
• the FBI's Construction account (-$333 million, -86.5%);
• the BOP's Buildings and Facilities account (-$114 million, -43.2%);
• NASA's Aeronautics account (-$25 million, -3.4%);
• NASA's Space Operations account (-$353 million, -7.6%); and
• NSF's Major Research Equipment and Facilities Construction account (-$73 million, -24.5%).

The increased funding proposed by the House relative to the Administration's initial request was partially attributable to the House declining to adopt the Administration's proposals to eliminate several agencies and programs enumerated previously. The House also recommended funding above the levels requested by the Administration for many CJS accounts. Alternatively, there were a few instances where the House recommended funding below the Administration's request, including the following:

• The U.S. Marshals' Federal Prisoner Detention account (-$88 million, -4.7%);
• OJP's Research, Evaluations, and Statistics account (-$13 million, -13.2%);
• DOJ's General Administration Salaries and Expenses account (-$36 million, -31.1%);
• NASA's Construction and Environmental Compliance and Restoration account (-$103 million, -17.2%); and
• the Office of the U.S. Trade Representative (-$2 million, -3.4%).

The House declined to supplement funding for NIST's Construction of Research Facilities account with a transfer from the Federal Capital Revolving Fund proposed by the Administration. In addition, the House declined to adopt the Administration's proposal to fund crime victims programs with a new mandatory appropriation. The House also declined to adopt the Administration's proposal to transfer the HIDTA program to the DEA. The report to accompany the committee-reported version of H.R. 3055 did not discuss the Administration's proposal to transfer some of the ATF's responsibilities to the Department of the Treasury's Tax and Trade Bureau.

H.R. 3055 contained a general provision that would prohibit the Department of Commerce from using any "of the funds made available in this Act or any other Act" to "incorporate into the 2020 Decennial Census any question that was not included in the 2018 End-to-End Census Test in Providence County, Rhode Island." This provision would prevent the department from adding a question about citizenship status to the 2020 census form.

The Senate-Passed Bill

On October 31, 2019, the Senate passed an amendment in the nature of a substitute to H.R. 3055. The amended version of H.R. 3055 contained the FY2020 CJS appropriations bill (Division A) along with the FY2020 Agriculture; Interior and Environment; and Transportation and Housing and Urban Development appropriations bills. The Senate bill would have provided a total of $79.716 billion for CJS, which was $6.809 billion (+9.3%) more than the FY2019 enacted appropriation and $7.985 billion (+11.1%) more than the Administration's initial request for CJS.

The Senate bill included the following:

• $15.197 billion for the Department of Commerce, which was $3.783 billion (+33.1%) more than the FY2019 enacted amount and $2.722 billion (+21.8%) more than the Administration's request;
• $32.446 billion for the Department of Justice, which was $1.512 billion (+4.9%) more than the FY2019 enacted amount and $1.834 billion (+6.0%) more than the Administration's request;
• $31.075 billion for the science agencies, which was $1.492 billion (+5.0%) more than the FY2019 enacted amount and $2.983 billion (+10.6%) more than the Administration's initial request; and
• $999 million for the related agencies, which was $21 million (+2.2%) more than the FY2019 enacted amount and $446 million (+80.8%) more than the Administration's request.

Like the House-passed bill, the increase in funding for CJS proposed by the Senate relative to both the FY2019 enacted appropriation and the Administration's request was partially attributable to the proposed increase in funding for the Census Bureau to help it conduct the 2020 decennial census ($3.737 billion, or 97.8%, more than the FY2019 enacted appropriation and $1.409 billion, or 22.9%, more than the Administration's request).

The Senate bill would have provided increased funding for many of the accounts in CJS relative to the FY2019 enacted appropriation, with some of the following exceptions:

• NOAA's Procurement, Acquisition, and Construction account (-$203 million, -11.6%);
• DOJ's Interagency Law Enforcement account (-$10 million, -1.7%);
• NASA's Space Operations account (-$489 million, -10.5%); and
• NSF's Major Research Equipment and Facilities Construction account (-$43 million, -14.4%).

In addition, the Senate recommended eliminating funding for NOAA's Fisheries Disaster Assistance account (-$15 million).

Like the House, the Senate declined to adopt the Administration's proposals to eliminate several agencies and programs enumerated previously, which partially explained the proposed increased funding for CJS relative to the Administration's initial request. The Senate also recommended funding above the levels requested by the Administration for many of CJS's accounts. However, there were some cases where the Senate's recommended funding was below the Administration's request, including the following:

• DOJ's General Legal Activities account (-$3 million, -0.4%);
• DOJ's Research, Evaluation, and Statistics account (-$15 million, -15.3%);
• NASA's Space Operations account (-$136 million, -3.2%);
• NASA's Safety, Security, and Mission Services account (-$150 million, -4.9%);
• NASA's Construction and Environmental Compliance account (-$76 million, -12.7%); and
• Office of the U.S. Trade Representative (-$5 million, -8.5%).

Like the House, the Senate declined to supplement funding for NIST's Construction of Research Facilities account with a transfer from the Federal Capital Revolving Fund, fund crime victims programs with a new mandatory appropriation, or transfer the HIDTA program to the DEA. The report to accompany S. 2584 (the committee reported FY2020 CJS appropriations bill, which was incorporated into the Senate amendment to H.R. 3055) did not discuss the Administration's proposal to transfer some of the ATF's responsibilities to the Department of the Treasury's Tax and Trade Bureau.

FY2020 Enacted Appropriations

On December 20, 2019, President Trump signed into law the Consolidated Appropriations Act, 2020 (P.L. 116-93), which includes FY2020 appropriations for CJS departments and agencies (Division B). The act provides $79.759 billion for CJS, which is $6.852 billion (+9.4%) more than the FY2019 enacted appropriation and $8.028 billion (+10.9%) more than the Administration's initial request.

The act includes the following:

• $15.221 billion for the Department of Commerce, which is $3.807 billion (+33.4%) more than FY2019 funding and $2.745 billion (+22.0%) more than the Administration's request;
• $32.605 billion for the Department of Justice, which is $1.671 billion (+5.4%) more than FY2019 funding and $1.993 billion (+6.5%) more than the Administration's request;
• $30.915 billion for the science agencies, which is $1.332 billion (+4.5%) more than FY2019 funding and $2.823 billion (+10.0%) more than the Administration's initial request; and
• $1.019 billion for the related agencies, which is $42 million (+4.2%) more than FY2019 funding and $466 million (+84.4%) more than the Administration's request.

The increased funding for CJS for FY2020 relative to the FY2019 enacted level is partially attributable to an increase in funding for the Census Bureau to help it conduct the 2020 decennial census ($3.737 billion, or 97.8%, more than the FY2019 enacted appropriation). Relative to the FY2019 enacted appropriation, the act also includes an increase for nearly every CJS account for FY2020. The only exceptions were

• NOAA's Procurement, Acquisition, and Construction account (-$224 million, -12.8%);
• DOJ's Interagency Law Enforcement account (-$10 million, -1.7%);
• DOJ's Research, Evaluation, and Statistics account (-$1 million, -1.3%);
• NASA's Space Operations account (-$499 million, -10.8%); and
• NSF's Major Research Equipment and Facilities Construction account (-$53 million, -17.8%).

The act also eliminates funding for NOAA's Fisheries Disaster Assistance account (-$15 million).

As a part of the Consolidated Appropriations Act, 2020, Congress declined to adopt the Administration's proposals to eliminate several agencies and programs enumerated previously, which partially explains the proposed increased funding for CJS relative to the Administration's initial request. The act provides funding above the levels requested by the Administration for many of CJS's accounts. However, there are some accounts that are funded below the Administration's FY2020 request, including the following:

• the NTIA (-$2 million, -4.7%);
• NIST's Construction of Research Facilities account (-$211 million, -64.1%);
• the Department of Commerce's Departmental Management account (-$20 million, -15.0%);
• DOJ's General Legal Activities account (-$7 million, -0.8%);
• DOJ's Research, Evaluation, and Statistics account (-$16 million, -16.4%);
• NASA's Space Operations account (-$146 million, -3.4%);
• NASA's Safety, Security, and Mission Services account (-$171 million, -5.6%);
• NASA's Construction and Environmental Compliance and Restoration account (-$227 million, -37.8%); and
• the Office of the U.S. Trade Representative's Salaries and Expenses account (-$5 million, -8.5%).

The Consolidated Appropriations Act, 2020, also does not include the Administration's other proposals for CJS, such as supplementing funding for NIST's Construction of Research Facilities account with a transfer from the Federal Capital Revolving Fund, funding crime victims programs with a new mandatory appropriation, transferring the HIDTA program to the DEA, transferring some of the ATF's responsibilities to the Department of the Treasury's Tax and Trade Bureau, or renaming three NASA accounts.

Table 1 outlines the FY2019 funding, the Administration's FY2020 request, the House- and the Senate-passed amounts, and FY2020 funding for the Department of Commerce, the Department of Justice, the science agencies, and the related agencies.

Historical Funding for CJS

Figure 1 shows the total CJS funding for FY2010-FY2019, in both nominal and inflation-adjusted dollars (more-detailed historical appropriations data can be found in Table 4). The data show that nominal funding for CJS reached a 10-year high in FY2019, though in inflation-adjusted terms, funding for FY2019 was lower than it was in FY2010.

There is a cyclical nature to total nominal funding for CJS because of appropriations for the Census Bureau to administer decennial censuses. Overall funding for CJS traditionally starts to increase a few years before the decennial census, peaks in the fiscal year in which the census is conducted, and then declines immediately thereafter. This is discussed in more detail below.

Increased funding for CJS also coincides with increases to the discretionary budget caps under the Budget Control Act of 2011 (BCA, P.L. 112-25).¹⁵ 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 FY2021.¹⁶ A sequestration of discretionary funding, ordered pursuant to the BCA, cut $2.973 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, FY2010-FY2019 Appropriations in billions of dollars

Sources: FY2010 enacted amounts were taken from S.Rept. 111-229, P.L. 111-212, P.L. 111-224, and P.L. 111-230; 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 Department of Commerce, the Department of 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 and P.L. 113-2; 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) and P.L. 115-123; FY2019 enacted amounts were taken from H.Rept. 116-9. Notes: Inflation-adjusted appropriations are presented in FY2019 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 FY2020 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 FY2010-FY2019 by major component (i.e., the Department of Commerce, the Department of Justice, NASA, and the NSF). Although decreased appropriations for the Department of Commerce (a 47.4% reduction) from FY2010 to FY2013, during years immediately following the 2010 census, mostly explain the overall decrease in CJS appropriations during this time, 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. While funding for the Department of Commerce decreased from FY2018 to FY2019, it was partly a function of the department receiving $1.000 billion in emergency supplemental funding for FY2018.¹⁷ If supplemental funding is excluded, appropriations for the Department of Commerce increased 2.5% from FY2018 to FY2019.

While increased funding for the Department of Commerce partially explains the overall increase in funding for CJS since FY2014, there have also been steady increases in funding for DOJ (+11.5%), NASA (+21.8%), and NSF (+12.6%), as higher discretionary spending caps have been used to provide additional funding to these agencies. Also, increased funding for the Department of Commerce is not only the result of more funding for the Census Bureau. Funding for NOAA increased by 18.7% from FY2014 to FY2018 (though funding for NOAA did not increase steadily over this period) and funding for NIST increased by 41.0% over the same time period (see Table 4). However, funding for both of these agencies decreased from FY2018 to FY2019, meaning that the increase in the Department of Commerce's funding during this time period was almost solely attributable to increased funding for the Census Bureau.

Figure 2. Nominal Total CJS Funding, by Major Component, FY2010-FY2019 Appropriations in billions of dollars

Sources: FY2010 enacted amounts were taken from S.Rept. 111-229, P.L. 111-212, P.L. 111-224, and P.L. 111-230; 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 Department of Commerce, the Department of 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, and P.L. 113-2; 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) and P.L. 115-123; FY2019 enacted amounts were taken from H.Rept. 116-9. 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.

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