Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
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Commerce, Justice, Science, and Related
Agencies: FY2013 Appropriations
(name redacted), Coordinator
Analyst in Crime Policy
(name redacted), Coordinator
Specialist in American National Government
(name redacted), Coordinator
Specialist in Science and Technology Policy
April 24, 2013
Congressional Research Service
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www.crs.gov
R42440
CRS Report for Congress
Prepared for Members and Committees of Congress
Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Summary
On February 13, 2012, President Obama submitted his FY2013 budget to Congress. The
Administration requests a total of $62.076 billion for the agencies and bureaus funded as a part of
the annual Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill. The
Administration’s request includes $7.978 billion for the Department of Commerce, $28.079
billion for the Department of Justice, $25.090 billion for the science agencies, and $929.2 million
for the related agencies. The FY2013 request for CJS is 1.9% greater than the FY2012
appropriation of $60.910 billion.
On April 19, 2012, the Senate Committee on Appropriations reported the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2013 (S. 2323). The bill includes a total of
$61.762 billion for the agencies and bureaus that would be funded by the bill. The Senate
committee-reported amount is 1.4% greater than the FY2012 appropriation of $60.910 billion, but
it is 0.1% below the Administration’s request. The bill includes $6.288 billion for the Department
of Commerce, $27.866 billion for the Department of Justice, $26.679 billion for the science
agencies, and $929.2 million for the related agencies.
On May 10, 2012, the House passed the Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2013 (H.R. 5326). The bill would provide $60.879 billion for CJS. The
House-passed amount is under 0.1% less than the FY2012 appropriation, 1.5% less than the
Administration’s request, and 1.4% below the Senate Committee on Appropriation’s mark. The
bill includes $7.663 billion for the Department of Commerce, $27.584 billion for the Department
of Justice, $24.786 billion for the science agencies, and $845.9 million for the related agencies.
On March 26, 2013, President Obama signed into law the Consolidated and Further Continuing
Appropriations Act, 2013 (P.L. 113-6). The act provides a total of $60.638 billion for CJS. This
amount includes $7.726 billion for the Department of Commerce, $27.305 billion for the
Department of Justice, $24.737 billion for the science agencies, and $870.1 million for the related
agencies.
This report will track and describe actions taken by the Administration and Congress to provide
FY2013 appropriations for CJS accounts. It also provides an overview of FY2012 appropriations
for agencies and bureaus funded as a part of the annual appropriation for CJS.
The source for the FY2012-enacted amounts is the conference report for the Consolidated and
Further Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested
amounts were taken from S.Rept. 112-158 and the appendix to the Budget of the United States
Government, Fiscal Year 2013. The Senate committee-reported amounts were taken from S.Rept.
112-158 and the House-passed amounts were taken from H.Rept. 112-463 and the version of H.R.
5326 passed by the House. The amounts provided in the Consolidated and Further Continuing
Appropriations Act, 2013 (P.L. 113-6) were taken from the text of the act and rescissions of
FY2013 budget authority were calculated by CRS.
Congressional Research Service
Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Contents
FY2013 Appropriations ................................................................................................................... 1
Survey of Selected Issues ................................................................................................................ 4
Department of Commerce ......................................................................................................... 4
Department of Justice (DOJ) ..................................................................................................... 5
Science Agencies ....................................................................................................................... 6
Related Agencies ....................................................................................................................... 6
Department of Commerce................................................................................................................ 7
FY2012 and FY2013 Appropriations ........................................................................................ 8
International Trade Administration (ITA) ................................................................................ 10
Bureau of Industry and Security (BIS) .................................................................................... 11
Economic Development Administration (EDA)...................................................................... 12
Minority Business Development Agency (MBDA) ................................................................ 14
Economic and Statistics Administration (ESA) ....................................................................... 15
Census Bureau ......................................................................................................................... 15
National Telecommunications and Information Administration (NTIA) ................................ 18
U.S. Patent and Trademark Office (USPTO)........................................................................... 18
National Institute of Standards and Technology (NIST) ......................................................... 19
National Oceanic and Atmospheric Administration (NOAA) ................................................. 20
Department of Justice (DOJ) ......................................................................................................... 23
FY2012 and FY2013 Appropriations ...................................................................................... 24
General Administration ........................................................................................................... 26
General Administration ..................................................................................................... 27
Administrative Review and Appeals (ARA) ..................................................................... 27
Office of the Federal Detention Trustee (OFDT) .............................................................. 28
Office of the Inspector General (OIG) .............................................................................. 28
U.S. Parole Commission.......................................................................................................... 28
Legal Activities........................................................................................................................ 28
General Legal Activities .................................................................................................... 29
Office of the U.S. Attorneys .............................................................................................. 29
Other Legal Activities ....................................................................................................... 30
U.S. Marshals Service (USMS) ............................................................................................... 30
National Security Division (NSD)........................................................................................... 32
Interagency Law Enforcement................................................................................................. 32
Federal Bureau of Investigation (FBI)..................................................................................... 33
Drug Enforcement Administration (DEA) .............................................................................. 37
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ............................................... 38
Federal Prison System (Bureau of Prisons, BOP) ................................................................... 41
Office on Violence Against Women (OVW) ........................................................................... 42
Office of Justice Programs (OJP) ............................................................................................ 44
Research, Evaluation, and Statistics .................................................................................. 45
State and Local Law Enforcement Assistance................................................................... 46
Juvenile Justice Programs ................................................................................................. 49
Public Safety Officers Benefits Program (PSOB) ............................................................. 51
Community Oriented Policing Services (COPS)..................................................................... 51
The Crime Victims Fund ......................................................................................................... 53
Science Agencies ........................................................................................................................... 54
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
FY2012 and FY2013 Appropriations ...................................................................................... 54
Office of Science and Technology Policy (OSTP) .................................................................. 55
National Aeronautics and Space Administration (NASA)....................................................... 57
National Science Foundation (NSF) ........................................................................................ 61
Related Agencies ........................................................................................................................... 67
Commission on Civil Rights ................................................................................................... 68
Equal Employment Opportunity Commission (EEOC) .......................................................... 68
U.S. International Trade Commission (ITC) ........................................................................... 70
Legal Services Corporation (LSC) .......................................................................................... 70
Marine Mammal Commission (MMC).................................................................................... 71
Office of the U.S. Trade Representative (USTR) .................................................................... 72
State Justice Institute (SJI) ...................................................................................................... 72
Tables
Table 1. CJS Appropriations (Pre-sequester) ................................................................................... 4
Table 2. Funding for the Department of Commerce (Pre-sequester) ............................................... 9
Table 3. Funding for EDA Programs and Salaries and Expenses (Pre-sequester) ......................... 13
Table 4. Funding for the Department of Justice (Pre-sequester).................................................... 25
Table 5. Funding for OVW Programs (Pre-sequester) ................................................................... 43
Table 6. Funding for Research, Evaluation, and Statistics (Pre-sequester).................................... 45
Table 7. Funding for State and Local Law Enforcement Assistance Programs (Presequester) .................................................................................................................................... 46
Table 8. Funding for Juvenile Justice Programs (Pre-sequester) ................................................... 50
Table 9. Funding for Community Oriented Policing Services Programs (Pre-sequester) ............. 52
Table 10. Funding for Science Agencies (Pre-sequester) .............................................................. 55
Table 11. Funding for NASA (Pre-sequester) ................................................................................ 60
Table 12. NSF Funding by Major Account (Pre-sequester) ........................................................... 65
Table 13. Funding for Related Agencies (Pre-sequester)............................................................... 67
Table 14. Funding for CJS Agencies, by Account, FY2009-FY2013 ............................................ 73
Contacts
Author Contact Information........................................................................................................... 77
Key Policy Staff ............................................................................................................................. 77
Congressional Research Service
Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
FY2013 Appropriations
This report will track and provide an overview of actions taken by the Administration and
Congress to provide FY2013 appropriations for Commerce, Justice, Science, and Related
Agencies (CJS) accounts. It also provides an overview of enacted FY2012 appropriations for
agencies and bureaus funded as a part of the annual appropriation for CJS. The source for the
FY2012-enacted amounts is the conference report for the Consolidated and Further Continuing
Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested amounts were taken
from S.Rept. 112-158 and the appendix to the Budget of the United States Government, Fiscal
Year 2013. The Senate committee-reported amounts were taken from S.Rept. 112-158 and the
House-passed amounts were taken from H.Rept. 112-463 and the version of H.R. 5326 passed by
the House. The amounts provided in the Consolidated and Further Continuing Appropriations
Act, 2013 (P.L. 113-6) were taken from the text of the act and rescissions of FY2013 budget
authority were calculated by CRS.
The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (P.L. 112-55)
included a total of $60.910 billion for the bureaus and agencies funded as a part of the act. The
act included $7.808 billion for the Department of Commerce, $27.408 billion for the Department
of Justice, $24.838 billion for the science agencies, and $856.6 million for the related agencies.
For FY2013, the Administration requests a total of $62.076 billion for the agencies and bureaus
funded as a part of the annual Commerce, Justice, Science, and Related Agencies appropriations
bill. The Administration’s request includes $7.978 billion for the Department of Commerce,
$28.079 billion for the Department of Justice, $25.090 billion for the science agencies, and
$929.2 million for the related agencies. The FY2013 request for CJS is 1.9% greater than the
FY2012 appropriation of $60.910 billion.
On April 19, 2012, the Senate Committee on Appropriations reported the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2013 (S. 2323). The bill includes a total of
$61.762 billion for the agencies and bureaus that would be funded by the bill. The Senate
committee-reported amount is 1.4% greater than the FY2012 appropriation of $60.910 billion, but
it is 0.1% below the Administration’s request. The bill includes $6.288 billion for the Department
of Commerce, $27.866 billion for the Department of Justice, $26.679 billion for the science
agencies, and $929.2 million for the related agencies.
On May 10, 2012, the House passed the Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2013 (H.R. 5326). The bill would provide $60.879 billion for CJS, which is
under 0.1% less than the FY2012 appropriation, 1.5% less than the Administration’s request, and
1.4% below the Senate Committee on Appropriation’s mark. The bill includes $7.663 billion for
the Department of Commerce, $27.584 billion for the Department of Justice, $24.786 billion for
the science agencies, and $845.9 million for the related agencies.
On March 26, 2013, President Obama signed into law the Consolidated and Further Continuing
Appropriations Act, 2013 (P.L. 113-6, hereinafter “Consolidated and Further Continuing
Appropriations Act”). The act provides a total of $60.638 billion for CJS. This amount includes
$7.726 billion for the Department of Commerce, $27.305 billion for the Department of Justice,
$24.737 billion for the science agencies, and $870.1 million for the related agencies.
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Section 3001 of the act provided for a series of rescissions of FY2013 budget authority.
Discretionary non-security (as defined at 2 U.S.C. §900(c)(4)(A)) accounts were subject to a
1.877% rescission, while discretionary security (as defined at 2 U.S.C. §900(c)(4)(B)) accounts
were subject to a 0.1% rescission. Most accounts in the CJS appropriations act were subject to the
1.877% rescission. Only the Foreign Claims Settlement Commission and the International Trade
Commission accounts were subject to the 0.1% rescission. Also, per section 3001, rescissions
were applied proportionately to each discretionary account and each item of budget authority and
each program, project, or activity (PPA) within each account or item of budget authority (with
PPAs being delineated in the act or the explanatory statement published in the March 11 edition
of the Congressional Record).1
In addition to the rescission specified in section 3001 of the act, OMB ordered another rescission
pursuant to section 3004 of the act. Section 3004 is intended to eliminate any amount by which
the new budget authority provided in the act exceeds the FY2013 discretionary spending limits in
section 251(c)(2) of the Balanced Budget and Emergency Deficit Control Act, as amended by the
Budget Control Act of 2011 and the American Taxpayer Relief Act of 2012. As enacted, this
section provides two separate across-the-board rescissions—one for non-security budget authority
and one for security budget authority—of 0%, to be applied at the program, project, and activity
level. The section requires the percentages to be increased if OMB estimates that additional
rescissions are needed to avoid exceeding the limits. Subsequent to the enactment of P.L. 113-6,
OMB calculated that additional rescissions of 0.032% of security budget authority, and 0.2% of
non-security budget authority, would be required.
The appropriations provided by the Consolidated and Further Continuing Appropriations Act for
each CJS account do not reflect any reductions that resulted from the sequestration ordered by
President Obama on March 1, 2013, pursuant to the Budget Control Act of 2011 (P.L. 112-25).
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.
Table 1 shows the FY2012-enacted appropriations, the Administration’s FY2013 request, the
Senate committee-reported amounts, the House-passed amounts, and the amount included in the
Consolidated and Further Continuing Appropriations Act for the Department of Commerce, the
Department of Justice, the science agencies, and the related agencies. Table 14 shows enacted
appropriations for these agencies, in detail, for FY2009 through FY2013 (the amounts for
FY2013 shown in Table 14 do not reflect sequestration).
1
Senator Barbara Mikulski, “Consolidated and Further Continuing Appropriations Act,” Congressional Record, daily
edition, vol. 159, part 34 (March 11, 2013), pp. S1287-S1587.
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A Note on Sequestration
FY2013 discretionary appropriations were considered in the context of the Budget Control Act of 2011 (BCA, P.L.
112-25), which established discretionary spending limits for FY2012-FY2021. The BCA also tasked a Joint Select
Committee on Deficit Reduction to develop a federal deficit reduction plan for Congress and the President to enact
by January 15, 2012. Because deficit reduction legislation was not enacted by that date, an automatic spending
reduction process established by the BCA was triggered; this process consists of a combination of sequestration and
lower discretionary spending caps, initially scheduled to begin on January 2, 2013. The “joint committee”
sequestration process for FY2013 requires the Office of Management and Budget (OMB) to implement across-theboard spending cuts at the account and program level to achieve equal budget reductions from both defense and
nondefense funding at a percentage to be determined, under terms specified in the Balanced Budget and Emergency
Deficit Control Act of 1985 (BBEDCA, Title II of P.L. 99-177, 2 U.S.C. 900-922), as amended by the BCA. For further
information on the Budget Control Act, see CRS Report R41965, The Budget Control Act of 2011, by (name redacted),
(name redacted), and (name redacted).
The American Taxpayer Relief Act (ATRA, P.L. 112-240), enacted on January 2, 2013, made a number of significant
changes to the procedures in the BCA that will take place during FY2013. First, the date for the joint committee
sequester to be implemented was delayed for two months, until March 1, 2013. Second, the dollar amount of the
joint committee sequester was reduced by $24 billion. Third, the statutory caps on discretionary spending for FY2013
(and FY2014) were lowered. For further information on the changes to BCA procedures made by ATRA, see CRS
Report R42949, The American Taxpayer Relief Act of 2012: Modifications to the Budget Enforcement Procedures in the
Budget Control Act, by (name redacted)
Pursuant to the BCA, as amended by ATRA, President Obama ordered that the joint committee sequester be
implemented on March 1, 2013.2 The accompanying OMB report indicated a dollar amount of budget authority to be
canceled to each account containing non-exempt funds.3 The sequester will ultimately be applied at the program,
project, and activity (PPA) level within each account.4 Because the sequester was implemented at the time that a
temporary continuing resolution was in force, the reductions were calculated on an annualized basis and will be
apportioned throughout the remainder of the fiscal year.5 Although full year FY2013 funding has been enacted, the
effect of these reductions on the budgetary resources that will ultimately be available to an agency at either the
account or PPA level remain unclear until further guidance is provided by OMB as to how these reductions should
be applied.
2
White House, President Obama, Sequestration Order for Fiscal Year 2013 Pursuant to Section 251A of the Balanced
Budget and Emergency Deficit Control Act, As Amended, March 1, 2013, available at http://www.whitehouse.gov/
sites/default/files/2013sequestration-order-rel.pdf.
3
Executive Office of the President, Office of Management and Budget, OMB Report to the Congress on the Joint
Committee Sequestration for Fiscal Year 2013, March 1, 2013, available at http://www.whitehouse.gov/sites/default/
files/omb/assets/legislative_reports/fy13ombjcsequestrationreport.pdf.
4
Ibid., pp. 11, 13.
5
Ibid, p. 5. For general information on continuing resolutions, see CRS Report R42647, Continuing Resolutions:
Overview of Components and Recent Practices, by (name redacted).
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Table 1. CJS Appropriations (Pre-sequester)
(budget authority in millions of dollars)
Consolidated and Further
Continuing Appropriations
Act (Pre-sequester)
Departments and
Related Agencies
FY2012
Enacted
FY2013
Request
Senate
CommitteeReported
HousePassed
Prerescissions
Postrescissionsa
Department of
Commerce
$7,807.7
$7,983.7
$6,287.9
$7,662.7
$7,889.9
Department of Justice
27,407.7
27.828.3
27,866.1
27,583.9
27,875.7
27,304.7
Science Agencies
24,837.6
25,090.4
26,678.6
24,786.1
25,261.0
24,737.2
Related Agencies
856.6
929.2
929.2
845.9
886.9
870.1
60,909.6b
61,831.5c
61,761.7c
60,878.6d
61,913.4e
60,638.2e
Total
$7,726.2
Source: FY2012-enacted amounts were taken from the conference report for the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested and Senate committeereported amounts were taken from S.Rept. 112-158. House-passed amounts were taken from
H.Rept. 112-463 and the version of H.R. 5326 passed by the House. Pre-rescission amounts provided by the
Consolidated and Further Continuing Appropriations Act were taken from the explanatory statement printed in
the March 11, 2013, Congressional Record (pp. S1300-S1315); post-rescission amounts reflect the rescissions
specified in section 3001 of the act and the rescissions calculated by OMB per section 3004 of the act.
Notes: Amounts may not add to totals due to rounding.
a.
The post-rescission amounts reflect rescissions of discretionary budget authority provided in P.L. 113-6 as
specified in section 3001 of the act. Per section 3001, a rescission of 1.877% was applied to appropriations
for discretionary non-security (as defined at 2 U.S.C. §900(c)(4)(A)) accounts and a 0.1% rescission was
applied to appropriations for all discretionary security (as defined at 2 U.S.C. §900(c)(4)(B)) accounts. The
post-rescission amounts also include an additional rescission, as calculated by OMB per section 3004 of the
act, of 0.2% for discretionary non-security accounts and 0.032% for discretionary security accounts.
b.
This amount does not include $905.9 million in rescissions of prior-year unobligated balances.
c.
This amount does not include a proposed rescission of $1.043 billion in prior-year unobligated balances.
d.
This amount does not include a proposed rescission of $833.9 million in prior-year unobligated balances.
e.
This amount does not include $881.6 million in rescissions of prior-year unobligated balances.
Survey of Selected Issues
Department of Commerce
Some issues Congress might have considered while debating FY2013 funding for the Department
of Commerce include the following:
•
whether to accept the Administration’s proposed $24.0 million increase for the
International Trade Administration (ITA) to form a new Interagency Trade
Enforcement Center (TEC) for the purpose of challenging unfair trade practices
around the world, particularly in China;
•
whether to provide $30.3 million in additional funding for FY2013 for ITA to
promote U.S. exports effectively and efficiently to high-growth markets such as
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
China, India, and Brazil by expanding the presence of the Foreign Commercial
Service in these countries;
•
continued oversight of the President’s Export Control Reform Initiative—under
the Bureau of Industry and Security—the end goal of which is to create a single
licensing authority for both dual-use and munitions exports;
•
whether to provide the additional funding requested for the National
Telecommunications and Information Administration (NTIA) so it can create and
support a First Responder Network Authority, which the NTIA is required to do
under the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96);
•
providing resources to the Census Bureau for the 2012 economic census so that
the bureau can mail about 4.6 million report forms to 3.1 million businesses and
conduct various activities designed to maximize responses to the forms; and
•
whether to adopt the Administration’s proposal to decrease funding for the
National Oceanic and Atmospheric Administration’s National Ocean Service,
which is responsible for ocean and coastal programs.
Department of Justice (DOJ)
Some issues Congress might have considered while determining funding levels for DOJ accounts
include the following:
•
whether to accept the Administration’s proposal to consolidate the Office of the
Federal Detention Trustee and the U.S. Marshals Service;
•
whether to invest in more permanent detention bedspace to hold the growing
number of federal detainees;
•
whether to adopt the Administration’s proposal to close the Federal Bureau of
Investigation’s National Gang Intelligence Center;
•
whether the Drug Enforcement Administration will have sufficient funding to
carry out added responsibilities that were previously under the purview of the
National Drug Intelligence Center;
•
whether to continue funding restrictions on the Bureau of Alcohol, Tobacco,
Firearms and Explosives that address issues that have emerged in the wake of
Operation Fast and Furious, a Phoenix-based Southwest border gun trafficking
investigation;
•
whether the Bureau of Prisons has an adequate level of resources to properly
manage the growing federal prison population;
•
whether receipts from the Crime Victims Fund should be used to fund several
DOJ grant programs that have traditionally received direct appropriations; and
•
whether there is a need for additional funding for the Community Oriented
Policing Service’s hiring programs given the budget reductions many state and
local law enforcement agencies have faced due to the recession.
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Science Agencies
Among the issues facing the science agencies that Congress may have opted to address in the
FY2013 appropriations process are as follows:
•
whether the current direction for the U.S. human spaceflight program, established
in October 2010 by the National Aeronautics and Space Administration
Authorization Act of 2010 (P.L. 111-267), can be implemented successfully in a
period of increased budgetary constraint, as well as the potential impact of
human spaceflight’s funding needs on the availability of funding for other
National Aeronautics and Space Administration programs, such as science,
aeronautics, and education;
•
whether and how to address changes in the composition of National Science
Foundation (NSF) funding toward research and away from education over the
FY2003 to FY2012 period;
•
whether to continue efforts to double NSF funding as proposed by the
Administration and previously authorized by Congress, and if so, at what pace;
and
•
whether to increase funding for the Office of Science and Technology Policy
(OSTP) as requested by the Administration, and if so, by how much; and whether
to continue to restrict OSTP from engaging in certain activities with China or any
Chinese-owned company by prohibiting, with limited exceptions, the use of
appropriated funds for such activities.
Related Agencies
Some of the issues Congress might have considered while determining the FY2013 funding levels
for the related agencies include the following:
•
whether to continue to increase resources for the Equal Employment Opportunity
Commission so it can continue to manage its caseload;
•
whether to approve the Administration’s request for an additional $1.7 million for
the Office of the U.S. Trade Representative to help form a new Interagency Trade
Enforcement Center (TEC) that would challenge unfair trade practices around the
world, particularly China;
•
whether to approve the Administration’s proposal that the Legal Services
Corporation restrictions on class action suits be eliminated; and
•
whether the Legal Services Corporation could save money by encouraging
private attorneys to help legal services programs by providing pro bono services.
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Department of Commerce6
The Department of Commerce (Commerce Department) originated in 1903 with the
establishment of the Department of Commerce and Labor.7 The separate Commerce Department
was established on March 4, 1913.8 The department’s responsibilities are numerous and quite
varied; its activities center on five basic missions: (1) promoting the development of U.S.
business and increasing foreign trade; (2) improving the nation’s technological competitiveness;
(3) encouraging economic development; (4) fostering environmental stewardship and assessment;
and (5) compiling, analyzing, and disseminating statistical information on the U.S. economy and
population.
The following agencies within the Commerce Department carry out these missions:
•
International Trade Administration (ITA) seeks to develop the export potential of
U.S. firms and improve the trade performance of U.S. industry;
•
Bureau of Industry and Security (BIS) enforces U.S. export laws consistent with
national security, foreign policy, and short-supply objectives;
•
Economic Development Administration (EDA) provides grants for economic
development projects in economically distressed communities and regions;
•
Minority Business Development Agency (MBDA) seeks to promote private- and
public-sector investment in minority businesses;
•
Economic and Statistics Administration (ESA), excluding the Census Bureau,
provides (1) information on the state of the economy through preparation,
development, and interpretation of economic data and (2) analytical support to
department officials in meeting their policy responsibilities;
•
Census Bureau, a component of ESA, collects, compiles, and publishes a broad
range of economic, demographic, and social data;
•
National Telecommunications and Information Administration (NTIA) advises the
President on domestic and international communications policy, manages the
federal government’s use of the radio frequency spectrum, and performs research
in telecommunications sciences;
•
United States Patent and Trademark Office (USPTO) examines and approves
applications for patents for claimed inventions and registration of trademarks;
•
National Institute of Standards and Technology (NIST) assists industry in
developing technology to improve product quality, modernize manufacturing
processes, ensure product reliability, and facilitate rapid commercialization of
products on the basis of new scientific discoveries; and
6
This section was coordinated by (name redacted) , Specialist in American National Government, CRS
Government and Finance Division.
7
32 Stat. 825.
8
15 U.S.C. 1501.
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
•
National Oceanic and Atmospheric Administration (NOAA) provides scientific,
technical, and management expertise to (1) promote safe and efficient marine and
air navigation; (2) assess the health of coastal and marine resources; (3) monitor
and predict the coastal, ocean, and global environments (including weather
forecasting); and (4) protect and manage the nation’s coastal resources.
As President Obama indicated in his January 24, 2012, State of the Union Address,9 the
Administration is seeking authority to reorganize and consolidate the federal government, an
initiative with potentially great significance for the Commerce Department.10 The President’s first
action if granted this authority would be to consolidate and combine the Department’s “core
business and trade functions,” the Small Business Administration, the Office of the U.S. Trade
Representative, the Export-Import Bank of the United States, the Overseas Private Investment
Corporation, and the Trade and Development Agency into a new department.11 The Census
Bureau, the Bureau of Economic Analysis, and the Department of Labor’s Bureau of Labor
Statistics also would move to the new department, as a statistics division. NOAA would transfer
to the Department of the Interior, and the Commerce Department would cease to exist as such.12
FY2012 and FY2013 Appropriations
Table 2 presents the following funding information for the Department of Commerce as a whole
and for each of its agencies or bureaus: the FY2012-enacted funding level; the Administration’s
FY2013 request; FY2013 amounts approved by the Senate Committee on Appropriations and
passed by the House in H.R. 5326; and pre-rescission and post-rescission amounts provided by
the Consolidated and Further Continuing Appropriations Act, H.R. 933, P.L. 113-6. The FY2012enacted amount for the Commerce Department was $7.808 billion. The FY2013 request of $7.984
billion was $176.0 million (2.3%) more than the FY2012-enacted funding amount. The $5.055
billion request for the National Oceanic and Atmospheric Administration represented almost twothirds (63.3%) of the total for the department. Other large requests were $970.4 million for the
Census Bureau, 12.2% of the Commerce Department total, and $857.0 million for the National
Institute of Standards and Technology, 10.7% of the total.
The Senate Committee on Appropriations recommended a total of $6.288 billion for the
Department of Commerce. The committee’s recommended funding was 19.5% less than the
FY2012 appropriation and 21.2% less than the Administration’s request. The committee’s
proposed reduction in funding for the Department of Commerce was largely attributable to the
committee’s proposal to shift NOAA satellite acquisition to the National Aeronautics and Space
Administration (NASA) and the concomitant reduction in recommended funding for NOAA (see
Table 2).
9
The White House, Office of the Press Secretary, “State of the Union Address,” January 24, 2012,
http://www.whitehouse.gov/the-press-office/2012/01/24/remarks-president-state-union-address.
10
S. 2129, introduced on February 17, 2012 by Senator Lieberman and cosponsored by Senator Warner, would provide
the President with the requested broad reorganization and consolidation authority. The bill has been referred to the
Senate Committee on Homeland Security and Governmental Affairs.
11
The White House, Office of the Press Secretary, “Government Reorganization Fact Sheet,” January 13, 2012,
http://www.whitehouse.gov/the-press-office/2012/01/13/government-reorganization-fact-sheet, and “Press Gaggle by
Press Secretary Jay Carney and OMB Deputy Director for Management Jeff Zients,” January 13, 2012,
http://www.whitehouse.gov/the-press-office/2012/01/13/press-gaggle-press-secretary-jay-carney-and-omb-deputydirector-manageme.
12
Ibid.
Congressional Research Service
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
The House recommended a total of $7.623 billion for the Department of Commerce. The House’s
proposed funding was 2.4% less than the FY2012 appropriation and 4.5% less than the
Administration’s request, but 21.2% more than the amount recommended by the Senate
Committee on Appropriations.
P.L. 113-6, after rescissions, provides $7.726 billion for the Commerce Department. Of this
amount, $4.994 billion (64.6%) is for the National Oceanic and Atmospheric Administration,
which retains satellite acquisition; $887.4 million (11.5%) is for the Census Bureau; and $807.1
million (10.4%) is for the National Institute of Standards and Technology.
Table 2. Funding for the Department of Commerce (Pre-sequester)
(budget authority in millions of dollars)
Consolidated and Further
Continuing Appropriations
Act (Pre-sequester)
Bureau or Agency
FY2012
Enacted
FY2013
Request
Senate
CommitteeReported
HousePassed
Prerescissions
Postrescissionsa
International Trade
Administration
$455.6
$517.0
$487.0
$458.1
$471.2
$461.4
Bureau of Industry and
Security
101.0
102.3
102.3
101.0
101.8
99.7
Economic Development
Administration
457.5
219.7
237.7
219.5
224.8
220.1
Minority Business
Development Agency
30.3
28.7
28.7
28.7
28.7
28.1
Economic and Statistics
Administration (excluding
Census)
96.0
100.3
100.3
96.0
100.2
98.2
Census Bureau
888.3
970.4
953.4
854.7
906.2
887.4
National
Telecommunications and
Information
Administration
45.6
46.9
46.9
45.6
46.0
45.0
U.S. Patent and Trademark
Office (USPTO)b
2,706.3
2,953.0
2,933.2
2,933.2
2,933.2
2,872.4
Offsetting Fee Receipts
(USPTO)
-2,706.3
-2,953.0
-2,933.2
-2,933.2
-2,993.2
-2,872.4
National Institute of
Standards and Technology
750.8
857.0
826.0
830.6
824.2
807.1
4,893.7
5,054.5
3,418.7
4,944.7
5,100.0
4,994.2
88.9
86.8
86.8
83.8
86.8
85.0
7,807.7
7,983.7
6,287.9
7,622.7
7,889.9
7,726.2
National Oceanic and
Atmospheric
Administration
Departmental Management
Total: Department of
Commerce
Congressional Research Service
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Source: FY2012-enacted amounts were taken from the conference report for the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested and Senate committeereported amounts were taken from S.Rept. 112-158. House-passed amounts were taken from
H.Rept. 112-463 and the version of H.R. 5326 passed by the House. Pre-rescission amounts provided by the
Consolidated and Further Continuing Appropriations Act were taken from the explanatory statement printed in
the March 11, 2013, Congressional Record (pp. S1300-S1315); post-rescission amounts reflect the rescissions
specified in section 3001 of the act and the rescissions calculated by OMB per section 3004 of the act.
Notes: Amounts may not add to totals due to rounding.
a.
The post-rescission amounts reflect rescissions of discretionary budget authority provided in P.L. 113-6 as
specified in section 3001 of the act. Per section 3001, a rescission of 1.877% was applied to appropriations
for discretionary non-security (as defined at 2 U.S.C. §900(c)(4)(A)) accounts and a 0.1% rescission was
applied to appropriations for all discretionary security (as defined at 2 U.S.C. §900(c)(4)(B)) accounts. The
post-rescission amounts also include an additional rescission, as calculated by OMB per section 3004 of the
act, of 0.2% for discretionary non-security accounts and 0.032% for discretionary security accounts.
b.
The U.S. Patent and Trademark Office (USPTO) is fully funded by user fees. The fees collected but not
obligated during the current year are available for obligation in the following fiscal year and do not count
toward the appropriation totals. Only newly appropriated funds count toward the annual appropriation
totals. Total figures for the Department of Commerce exclude PTO.
International Trade Administration (ITA)13
The International Trade Administration (ITA) provides export promotion services, works to
ensure compliance with trade agreements, administers trade remedies such as antidumping and
countervailing duties, and provides analytical support for ongoing trade negotiations. ITA’s
mission is to improve U.S. prosperity by strengthening the competitiveness of U.S. industry,
promoting trade and investment, and ensuring compliance with trade laws and agreements. ITA
strives to accomplish this through the following organizational units: (1) the Manufacturing and
Services Unit, which is responsible for certain industry analysis functions and promoting the
competitiveness and expansion of the U.S. manufacturing sector; (2) the Market Access and
Compliance Unit, which is responsible for monitoring foreign country compliance with trade
agreements, identifying compliance problems and market access obstacles, and informing U.S.
firms of foreign business practices and opportunities; (3) the Import Administration Unit, which is
responsible for administering the trade remedy laws of the United States; (4) the Trade
Promotion/U.S. Foreign Commercial Service program, which is responsible for conducting trade
promotion programs, providing U.S. companies with export assistance services, and leading
interagency advocacy efforts for major overseas projects; and (5) the Executive and
Administrative Directorate, which is responsible for providing policy leadership, information
technology support, and administration services for all of ITA.
The Administration requested $517.0 million for ITA for FY2013 and anticipated the collection of
$9.4 million in user fees, which would have raised available funds to $526.4 million. The
Administration’s requested amount was $61.4 million (13.5%) more than the FY2012-enacted
amount of $455.6 million. The amount reported by the Senate Committee on Appropriations was
$487.0 million, 6.9% more than the FY2012-enacted amount and 5.8% less than the
Administration’s request. The House recommended $458.1 million for ITA. This amount was
0.6% more than the FY2012 enacted amount, but was 11.4% less than the Administration’s
request and 5.9% less than the Senate committee-reported amount. The Consolidated and Further
13
This section was written by (name redacted), Speci
Affairs, Defense, and Trade Division.
Congressional Research Service
alist in International Trade and Finance, CRS Foreign
10
Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Continuing Appropriations Act provides $461.4 million for ITA in direct appropriations. It
anticipates the collection of $11.4 million in user fees, which would raise total FY2013 resources
for ITA to $472.8 million.
In the 2012 State of the Union Address, the President called for the creation of a new trade
enforcement unit to enhance U.S. capabilities to challenge unfair trade practices aggressively
around the world, particularly in China. The Administration’s request for ITA included an
increase of $24.0 million to help create a new Interagency Trade Enforcement Center (ITEC) for
this purpose. In addition, the Administration requested an increase of $30.3 million to help
promote U.S. exports by enhancing the Foreign Commercial Service’s presence in high-growth
markets such as China, India, and Brazil.14
Bureau of Industry and Security (BIS)15
The Bureau of Industry and Security (BIS) administers export controls on dual-use goods and
technology through its licensing and enforcement functions. It cooperates with other nations on
export control policy and provides assistance to the U.S. business community to comply with
U.S. and multilateral export controls. BIS also administers U.S. anti-boycott statutes and is
charged with monitoring the U.S. defense industrial base. Authorization for the activities of BIS,
the Export Administration Act (50 U.S.C. App. 401, et seq.), last expired in August 2001. On
August 17, 2001, President George W. Bush invoked the authorities granted by the International
Economic Emergency Powers Act (50 U.S.C. 1703(b)) to continue in effect the system of controls
contained in the act and in the Export Administration Regulations (15 C.F.R., Parts 730-799), and
these authorities have been renewed yearly.
For FY2013, the Administration’s request for BIS was $102.3 million, a $1.3 million (1.3%)
increase from the FY2012-enacted funding level of $101.0 million. The Administration’s FY2013
funding request was divided among licensing activity ($58.4 million), enforcement activity
($38.1 million), and management and policy coordination ($5.8 million). Of these amounts,
$14.8 million was requested for Chemical Weapons Convention (CWC) enforcement. The $1.3
million increase in the BIS request was primarily to increase the number of personnel in the
Office of Export Administration (OEA) to support the proposed transfer of some licensing
activity presently conducted by the Department of State as a result of the ongoing export control
reform effort. BIS estimated that the additional personnel would cost $6.24 million, with the
difference from the appropriations request made up from savings elsewhere in the bureau’s
budget. BIS sought budget authority for 392 positions in FY2013, an increase of 24 positions
from the previous year.
The House recommended $100.993 million for BIS. This amount reflected the approval of an
amendment to fund the Manufacturing Extension Partnership through a reduction of official
representation abroad expenditures totaling $6,750 for BIS. The $100.993 million was a fraction
of a percentage point less than the House Committee on Appropriations recommendation of
$101.0 million and was a decrease of 1.3% from the Administration’s request and the Senate
Committee on Appropriations’ recommendation of $102.3 million. The House committee also
14
International Trade Administration, Budget Estimates FY2013 Congressional Submission.
This section was written by (name redacted), Specialist in International Trade and Finance, CRS Foreign Affairs,
Defense, and Trade Division.
15
Congressional Research Service
11
Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
directed BIS to issue quarterly updates, beginning in the first quarter of 2013, to the committee
regarding the agency’s ongoing export control reform initiative. The Consolidated and Further
Continuing Appropriations Act provided $99.7 million to BIS.
Economic Development Administration (EDA)16
The Economic Development Administration (EDA) was created pursuant to the enactment of the
Public Works and Economic Development Act of 1965,17 with the objective of fostering growth
in economically distressed areas characterized by high levels of unemployment and low percapita income levels. Federally designated disaster areas and areas affected by military base
realignment or closure (BRAC) are also eligible for EDA assistance. EDA provides grants for
public works, economic adjustment in case of natural disasters or mass layoffs, technical
assistance, planning, and research.18
The Administration’s FY2013 request of $219.7 million for EDA represented a $237.8 million
(-52.0%) decrease from the FY2012-enacted funding level of $457.5 million, or $37.8 million
(-14.7%) less if the $200.0 million in emergency disaster assistance is excluded from EDA’s
FY2012-enacted funding. In addition to $200.0 million in emergency disaster assistance, the
FY2012-enacted appropriation included $220.0 million for EDA program activities and $37.5
million for salaries and expenses. The FY2013 request included $37.7 million for the salaries and
expenses account and $182.0 million for EDA assistance programs. The specific programs and
their requested funding levels included
•
$40.5 million for the 21st Century Innovation Infrastructure program (the
proposed successor to the longstanding EDA Public Works program);
•
$60.2 million for the Economic Adjustment Assistance program;
•
$27.0 million for the Partnership Planning Grants Program (the proposed
successor to the EDA Planning program);
•
$12.0 million for Technical Assistance;
•
$1.5 million for Research and Evaluation;
•
$15.8 million for Trade Adjustment Assistance; and
•
$25.0 million for the new Regional Innovation Strategies (Growth Zones)
Program established under the America COMPETES Act (P.L. 111-358).
The Administration did not request funding for the Global Climate Change Mitigation Fund.
The Administration’s FY2013 budget request for EDA proposed to reduce overall funding for
EDA programs, excluding salaries and expenses and supplemental disaster funding, by 17.3%,
from $220.0 million to $182.0 million. The budget also proposed to reduce what is EDA’s most
highly funded program, public works grants, by 63.7%, from $111.6 million in FY2012 to $40.5
16
This section was written by (name redacted), Analyst in Federalism and Economic Development Policy, CRS
Government and Finance Division.
17
P.L. 89-136; 42 U.S.C. 3121.
18
For additional information on EDA’s statutory history, see CRS Report R41241, Economic Development
Administration: A Review of Elements of Its Statutory History, by (name redacted).
Congressional Research Service
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
million in FY2013. The proposed reduction in funding for public works coupled with a proposed
20.3% increase in funding for Economic Adjustment Assistance (from $50.1 million to $60.2
million), and a $25.0 million appropriation request for the Administration’s new Regional
Innovation Strategies Program marked a shift in the focus of EDA assistance. The proposed
budget would have placed greater emphasis on projects intended to support job creation through
regional innovation clusters,19 facilities that support innovation such as research parks and
business incubators, and strategic planning activities; and would have de-emphasized EDA’s
capacity to fund public works projects (see Table 3).
Table 3. Funding for EDA Programs and Salaries and Expenses (Pre-sequester)
(in millions of dollars)
Consolidated and Further
Continuing Appropriations
Act (Pre-sequester)
FY2012
Enacted
Senate
CommitteeReported
FY2013
Request
HousePassed
Prerescissions
Postrescissionsa
Economic Development
Assistance Programs
$220.0
$182.0
$200.0
$182.0
$187.3
$183.4
Public Works
111.6
40.5
60.2
85.5
79.0
77.4
Economic Adjustment
Assistance
50.1b
60.2
56.5
40.2
50.0
49.0
Planning Grants
29.0
27.0
—
27.0
29.0
28.4
Technical Assistance
12.0
12.0
12.0
12.0
12.0
11.8
Research and
Evaluation
1.5
1.5
1.5
1.5
1.5
1.5
Regional Innovation
—c
25.0
25.0
—
—
—
Trade Adjustment
Assistance
15.8
15.8
15.8
15.8
15.8
15.5
Salaries and Expenses
37.5
37.7
37.7
37.5
37.5
36.7
Disaster Relief Assistance
200.0
—
—
—
—
—
Total
457.5
219.7
237.7
219.5
224.8
220.1
Source: FY2012-enacted amounts were taken from the conference report for the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested and Senate committeereported amounts were taken from S.Rept. 112-158. House-passed amounts were taken from
H.Rept. 112-463 and the version of H.R. 5326 passed by the House. Pre-rescission amounts provided by the
Consolidated and Further Continuing Appropriations Act were taken from the explanatory statement printed in
the March 11, 2013, Congressional Record (pp. S1300-S1315); post-rescission amounts reflect the rescissions
specified in section 3001 of the act and the rescissions calculated by OMB per section 3004 of the act.
Note: Amounts may not add to totals due to rounding.
a.
The post-rescission amounts reflect rescissions of discretionary budget authority provided in P.L. 113-6 as
specified in section 3001 of the act. Per section 3001, a rescission of 1.877% was applied to appropriations
19
Regional innovation clusters, according to EDA, are networks of similar, synergistic, or complementary entities that
support a single industry sector and its various supply chains.
Congressional Research Service
13
Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
for discretionary non-security (as defined at 2 U.S.C. §900(c)(4)(A)) accounts and a 0.1% rescission was
applied to appropriations for all discretionary security (as defined at 2 U.S.C. §900(c)(4)(B)) accounts. The
post-rescission amounts also include an additional rescission, as calculated by OMB per section 3004 of the
act, of 0.2% for discretionary non-security accounts and 0.032% for discretionary security accounts.
b.
Includes set asides for the following activities: $5.0 million for loan guarantees in support of innovative
technologies used or developed by small and mid-size businesses, and $5.0 million for loan guarantees and
grants to support regional innovation program activities.
c.
The Administration had requested a separate appropriation for Regional Innovation Program activities. Loan
guarantees will be funded under the Economic Adjustment Assistance program.
The Senate bill (S. 2323) recommended a total appropriation of $237.7 million for the activities
of EDA, including $200.0 million for programs administered by the agency. Excluding the $200.0
million in additional funding appropriated in FY2012 for disaster relief activities, the bill reported
by the Senate Committee on Appropriations would have reduced funding for EDA programs by
9.1%, or $20.0 million less than the $220.0 million appropriated in FY2012. Conversely, S. 2323
recommended $18.0 million, or 9.9%, more than requested by the Administration.
Noteworthy was the bill’s recommendation to appropriate $60.2 million for EDA’s public works
program activities, which was $51.4 million, or 46.1%, less than the amount appropriated in
FY2012. However, S. 2323, as reported by the Senate Committee on Appropriations,
recommended a funding level for public works activities that was $19.7 million, or 48.6%, more
than the $40.5 million requested by the Administration.
The House-passed bill (H.R. 5326) included $219.5 million for EDA programs and salaries and
expenses. The bill recommended $182.0 million for EDA programs. This was $38.0 million, or
17.3%, less than the $220.0 million appropriated in FY2012. The House-recommended amount
was the same as requested by the Administration, and $18.0 million, or 9.0%, less than
recommended by the Senate Committee on Appropriations. The House-passed bill also
recommended $85.5 million, 23.4%, less than the $111.6 million appropriated for public works
activities in FY2012. The bill recommended maintaining funding for salaries and expenses at the
same level, $37.5 million, as enacted for FY2012, and close to the $37.7 million level requested
by the Administration and recommended in the bill reported by the Senate Committee on
Appropriations.20
The Consolidated and Further Continuing Appropriations Act provides $220.1 million for the
EDA account, including $36.7 million for salaries and expenses and $183.4 million for EDA
program activities.
Minority Business Development Agency (MBDA)21
The Minority Business Development Agency (MBDA), established by Executive Order 11625 on
October 13, 1971, is charged with the lead role in coordinating all of the federal government’s
minority business programs.22 As part of its strategic plan, MBDA seeks to develop an industryfocused, data-driven, technical assistance approach to give minority business owners the tools
20
For detailed information on EDA reauthorization and funding issues, see CRS Report R41162, Economic
Development Administration: Reauthorization and Funding Issues in the 112th Congress, by (name redacted).
21
This section was written by (name redacted), Analyst in Federalism and Economic Development Policy, CRS
Government and Finance Division.
22
36 Federal Register 19967; 3 C.F.R., 1971-1975 Comp. 9. 616.
Congressional Research Service
14
Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
essential for becoming first- or second-tier suppliers to private corporations and the federal
government in the new procurement environment. Progress is measured in increased gross
receipts, number of employees, and size and scale of firms associated with minority business
enterprise.
The Administration’s FY2013 request for MBDA was $28.7 million. This was 5.4%, or $1.7
million, less than the $30.3 million appropriated in FY2012. The proposed $1.7 million reduction
would have been achieved by closing MBDA’s five regional offices and reassigning staff to
Washington, DC. According to the budget justification document, the proposed MBDA funding
level for FY2013 would have assisted in the creation of 5,000 new jobs.
S. 2323 included $28.7 million for MBDA. This was 5.4%, or $1.7 million, less than the $30.3
million appropriated in FY2012, and the same amount requested by the Administration. H.R.
5326, as passed by the House, also included $28.7 million for MBDA activities.
The Consolidated and Further Continuing Appropriations Act provides $28.1 million for the
MBDA account.
Economic and Statistics Administration (ESA)23
The Economic and Statistics Administration (ESA) provides economic data, analysis, and
forecasts to government agencies and, when appropriate, to the public. ESA includes the Census
Bureau (discussed separately) and the Bureau of Economic Analysis (BEA). ESA has three core
missions: to maintain a system of economic data, to interpret and communicate information about
the forces at work in the economy, and to support the information and analytical needs of the
executive branch. Funding for ESA includes two primary accounts: ESA headquarters and BEA.
ESA headquarters staff provide economic research and policy analysis in support of the Secretary
of Commerce, as well as oversight of the Census Bureau and BEA. The BEA account funds BEA
activities, among which are producing estimates of national gross domestic product and related
measures.
The Administration’s request for ESA in FY2013 was $100.3 million, $4.3 million (4.4%) more
than the FY2012-enacted amount of $96.0 million. The Senate Committee on Appropriations’
FY2013 recommendation for ESA matched the budget request. The House recommended $96.0
million, the same as the FY2012-enacted amount, and $4.3 million (-4.3%) less than the FY2013
request and the Senate committee’s recommendation. P.L. 113-6, provides $98.2 million for ESA.
Census Bureau24
The U.S. Constitution requires a population census every 10 years, to serve as the basis for
apportioning seats in the House of Representatives.25 Decennial census data are also used for
within-state redistricting and in certain formulas that determine the annual distribution of more
23
This section was written by (name redacted), Specialist in American National Government, CRS Government
and Finance Division.
24
This section was written by (name redacted), Specialist in American National Government, CRS Government
and Finance Division.
25
See Article 1, Section 2, clause 3, as modified by Section 2 of the 14th Amendment.
Congressional Research Service
15
Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
than $450 billion in federal funds to states and localities. The Census Bureau, established as a
permanent office on March 6, 1902,26 conducts the decennial census under Title 13 of the U.S.
Code, which also authorizes the bureau to collect and compile a wide variety of other
demographic, economic, housing, and governmental data.
To fund the Census Bureau in FY2013, the Administration requested $970.4 million, $82.1
million (9.2%) more than the $888.3 million enacted for FY2012. Of the total request, $259.2
million—$5.8 million (2.3%) above the $253.3 million enacted for FY2012—was for the
bureau’s salaries and expenses account, and $711.3 million—$76.3 million (12.0%) more than the
$635.0 million appropriated for FY2012—was for the periodic censuses and programs account.27
Included in the latter account are the census of governments and the economic census, two
quinquennial data collections integral to the estimates of gross domestic product generated by the
Bureau of Economic Analysis. In FY2013, a crucial year for the 2012 economic census, the
Census Bureau mailed about 4.6 million report forms to 3.1 million businesses. Also included in
periodic programs are the decennial census and the American Community Survey (ACS),28 a
continuous data collection that replaced the old decennial census long form, which last was sent
to an approximately 17% sample of U.S. households in conjunction with the 2000 census.
The FY2012-enacted amount for salaries and expenses was $18.7 million (-6.9%) below the
requested $272.1 million. Periodic programs received $117.7 million (-15.6%) less than the
requested $752.7 million.
For the Census Bureau in FY2013, the Senate Committee on Appropriations recommended
$953.4 million, $65.1 million (7.3%) above the FY2012-enacted amount, and $17.0 million (1.8%) below the Administration’s FY2013 request. The committee recommended the same
amount for the bureau’s salaries and expenses account as requested for FY2013. The periodic
censuses and programs account would have received $694.3 million, $59.3 million (9.3%) more
than enacted for FY2012, but $17.0 million (-2.4%) less than the FY2013 request. The committee
noted that it provided “for the use of” $17.0 million from the bureau’s working capital fund,
equaling $711.3 million that would have been available in the periodic programs account and a
total of $970.4 million that would have been available to the bureau in FY2013.29 The committee
also recommended $1.0 million “for the Office of Inspector General [OIG] to continue oversight
and audits of periodic censuses” and make “independent recommendations for improving
operations” potentially “useful for the 2020 decennial census.” The bureau was directed “to
continue to incorporate all OIG recommendations as it transitions into the 2020 decennial.”30 The
committee further directed the bureau “to continue to bring down the cost of the 2020 ... census at
26
32 Stat. 51.
The conference report for H.R. 2112, P.L. 112-55, provided that, of the $690.0 million for periodic censuses and
programs in FY2012, to remain available until September 30, 2013, $635.0 million was “appropriated from the general
fund,” and $55.0 million was “derived from available unobligated balances from the Census Working Capital Fund.”
U.S. Congress, conference committee, Agriculture, Rural Development, Food and Drug Administration, and Related
Agencies Programs for the Fiscal Year Ending September 30, 2012, and for Other Purposes, conference report to
accompany H.R. 2012, 112th Cong., 1st sess., H.Rept. 112-284 (Washington: GPO, 2011), p. 43.
28
For a discussion of the ACS, see CRS Report R41532, The American Community Survey: Development,
Implementation, and Issues for Congress, by (name redacted).
29
U.S. Congress, Senate Committee on Appropriations, Departments of Commerce and Justice, and Science, and
Related Agencies Appropriations Bill, 2013, report to accompany S. 2323, 112th Cong., 2nd sess., S.Rept. 112-158
(Washington: GPO, 2012), p. 14.
30
Ibid., p. 15.
27
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a level less than the 2010 census,” to “consider spending less than the 2000 census, not adjusting
for inflation,” and to “incorporate a web-based version of its census forms when planning for the
2020 ... census.”31 Regarding the economic census, the committee directed the bureau “to
preserve funding when considering any administrative cost reductions.”32
The House recommended $854.7 million for the bureau in FY2013, $33.6 million (-3.8%) less
than enacted for FY2012, $115.7 million (-11.9%) below the FY2013 request, and $98.7 million
(-10.4%) less than the Senate Committee on Appropriations’s recommendation. In the Housepassed bill, salaries and expenses would have received $253.3 million, the same amount as
enacted for FY2012, and $5.8 million (-2.3%) below the FY2013 request and the Senate
committee’s recommendation. For periodic censuses and programs, the House recommended
$601.4 million, $33.6 million (-5.3%) less than the FY2012-enacted amount, $109.9 million (15.5%) less than the FY2013 request, and $92.9 million (-13.4%) below the Senate committee’s
recommendation.33 According to the Census Bureau director at the time, the House-approved
amount for periodic programs would have, among other effects, canceled the 2012 economic
census.34 In addition, one amendment adopted by the House, H.Amdt. 1076 to H.R. 5326, would
have prohibited funds from being used to enforce a penalty for nonresponse to the American
Community Survey (ACS); another adopted amendment, H.Amdt. 1077, would have eliminated
the ACS by prohibiting funds from being used to conduct it.
P.L. 113-6 provides $887.4 million for the bureau, including $250.9 million for salaries and
expenses, and $636.5 million for periodic censuses and programs.35 The explanatory statement for
P.L. 113-6 notes that language in the two House amendments to H.R. 5326 “prohibiting funding
for the ACS or prohibiting penalties for non-compliance with the ACS is not adopted.” The
Census Bureau, however, “is directed to provide a report to the Committees on Appropriations no
later than 120 days after enactment of this Act on ... the steps being taken to ensure that the ACS
is conducted as efficiently and unobtrusively as possible.” The Department of Commerce “is
directed to acquire an independent analysis of the costs and benefits of making compliance with
the ACS voluntary. The results of this analysis shall be provided ... to the Committees on
Appropriations no later than 180 days after enactment of this Act.”36
31
Ibid., p. 16.
Ibid.
33
The House-passed bill would have moved a total of $24.0 million from periodic censuses and programs to the Office
of Justice Programs, State and Local Law Enforcement Assistance: H.Amdt. 1043 to H.R. 5326 would have transferred
$4.0 million, and Section 557 of the bill would have transferred $20.0 million, which would have left the periodic
programs account with $601.4 million.
34
U.S. Bureau of the Census, “A Future without Key Social and Economic Statistics for the Country,”
http://www.census.gov/.
35
According to the explanatory statement for H.R. 933, “This Act includes a total of $667,953,000 for periodic
censuses and programs, including $649,953,000 in direct appropriations and $18,000,000 from non-reimbursable
Census Working Capital Fund balances.” “Consolidated and Further Continuing Appropriations Act,” explanatory
statement, Congressional Record, daily edition, vol. 159 (March 11, 2013), p. S1300. When the rescission in H.R. 933,
Division G, Section 3001(b)(1)(B), and the rescission calculated by OMB per Section 3004 of the act are taken into
account, the direct appropriation for periodic programs is $636.5 million.
36
“Consolidated and Further Continuing Appropriations Act,” explanatory statement, Congressional Record, daily
edition, vol. 159 (March 11, 2013), p. S1300.
32
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
National Telecommunications and Information Administration
(NTIA)37
The National Telecommunications and Information Administration (NTIA) is the executive
branch’s principal advisory office on domestic and international telecommunications and
information technology policies. Its mandate is to provide greater access for all Americans to
telecommunications services, support U.S. attempts to open foreign markets, advise on
international telecommunications negotiations, and fund grants for new technologies and their
applications. Its role in federal spectrum management includes acting as a facilitator and mediator
in negotiations among the various federal agencies regarding usage, priority access, causes of
interference, and other radio spectrum questions. In recent years, one of the responsibilities of the
NTIA has been to oversee the transfer of some radio frequencies from the federal domain to the
commercial domain. Many of these frequencies have subsequently been auctioned to the
commercial sector and the proceeds paid into the U.S. Treasury.
For FY2013, the Administration proposed $46.9 million for NTIA salaries and expenses. This
was an increase of $1.4 million (3.0%) over the enacted FY2012 budget amount of $45.6 million.
The Senate Committee on Appropriations reported the amount requested by the Administration.
The House-passed appropriations bill would have provided $45.6 million for FY2013, the amount
enacted for FY2012 but $1.4 million (-2.9%) less than the Administration’s request for FY2013.
The Consolidated and Further Continuing Appropriations Act appropriated $45.0 million for
salaries and expenses; no funding was appropriated for separate programs.
The Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96) has given the NTIA new
responsibilities to create and support a First Responder Network Authority, which is responsible
for planning, building, and managing a new nationwide broadband network for public safety
communications. The law requires the NTIA, in consultation with the First Responder Network
Authority, to establish grant program requirements for a State and Local Implementation Fund.
The NTIA is also to determine grant amounts for states that participate in the deployment of the
network administered by the First Responder Network Authority. Separately, the NTIA will
administer grants and spectrum access for states that do not participate in the national network
and that receive permission from the Federal Communications Commission to build a state
network. The NTIA will also be responsible for collecting auction proceeds and making
distributions from a Public Safety Trust Fund that remains in effect through FY2022. These
additional required activities are partly anticipated in the FY2013 budget request as submitted by
the NTIA, but may require additional appropriations for the upcoming fiscal year and in future
years.
U.S. Patent and Trademark Office (USPTO)38
The U.S. Patent and Trademark Office (USPTO) examines and approves applications for patents
on claimed inventions and administers the registration of trademarks. It also helps other federal
departments and agencies protect American intellectual property in the international marketplace.
37
This section was written by (name redacted), Specialist in Telecommunications and Spectrum Policy, CRS
Resources, Science, and Industry Division.
38
This section was written by (name redacted), Specialist in Science and Technology Policy, CRS Resources,
Science, and Industry Division.
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The USPTO is funded by user fees paid by customers that are designated as “offsetting
collections” and subject to spending limits established by Congress.
The President’s FY2013 budget requested $2.953 billion in budget authority for the USPTO, an
increase of $246.7 million (9.1%) over the FY2012 figure of $2.706 billion. Any fees collected in
excess of this amount were to be deposited in the Patent and Trademark Fee Reserve Fund
established by P.L. 112-29 (the Leahy-Smith America Invents Act) and “shall remain available
until expended.”
Both S. 2323, as reported from the Senate Committee on Appropriations, and H.R. 5326, as
passed by the House, would have provided the USPTO with the budget authority to spend $2.933
billion in FY2013, $226.9 million (8.4%) above the FY2012 amount and $19.8 million (-0.7%)
below Administration’s budget request.39 As in the President’s proposal, fees collected above the
amount specified were to be deposited in the Patent and Trademark Fee Reserve Fund and “shall
remain available until expended.”
P.L. 113-6 provides the USPTO with $2.872 billion in budget authority for FY2013, the full
amount of estimated offsetting fee collections.
National Institute of Standards and Technology (NIST)40
The National Institute of Standards and Technology (NIST) is a laboratory of the Department of
Commerce with a mandate to increase the competitiveness of U.S. companies through appropriate
support for industrial development of pre-competitive, generic technologies and the diffusion of
government-developed technological advances to users in all segments of the American economy.
NIST research also provides the measurement, calibration, and quality assurance techniques that
underpin U.S. commerce, technological progress, improved product reliability, manufacturing
processes, and public safety.
The President’s FY2013 budget requested $857.0 million for NIST, an increase of $106.2 million
(14.1%) over the $750.8 million appropriated in FY2012. Included in this figure was $648.0
million for research and development in the Scientific and Technical Research and Services
(STRS) account, 14.3% above the FY2012 amount of $567.0 million. Under the Industrial
Technology Services (ITS) account, the Manufacturing Extension Partnership (MEP) program
would have received $128.0 million, a 0.3% decrease from FY2012 funding of $128.4 million.
The Administration again proposed the creation of a new activity under ITS, the Advanced
Manufacturing Technology Consortia (AMTech). Although this activity was not funded in
FY2012, the President’s FY2013 budget included $21.0 million for AMTech. The requested
appropriation for the construction budget was $60.0 million, 8.3% above the $55.4 million for
FY2012.
In addition to the appropriations included in the budget request that were to be addressed through
the annual appropriations process, the Administration proposed two new programs that were to be
funded through mandatory appropriations (spending that is typically “provided in permanent or
39
Please note that both the House and Senate bills use the CBO estimate of $2.933 billion for expected FY2013 fee
collections rather than the $2.953 billion in the actual President’s budget request.
40
This section was written by (name redacted), Specialist in Science and Technology Policy, CRS Resources,
Science, and Industry Division.
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
multi-year appropriations contained in the authorizing law, and therefore, the funding becomes
available automatically each year, without legislative action by Congress”41). Up to $300.0
million generated by the proceeds of the spectrum auction was to be used to support the Wireless
Innovation Fund, and $1.000 billion was to be provided for establishment of a National Network
for Manufacturing Innovation.
S. 2323, as reported from the Senate Committee on Appropriations, would have provided NIST
with FY2013 funding of $826.0 million, $75.2 million, or 10.0%, above the FY2012
appropriation but $31.0 million, or 3.6%, below the Administration’s request. Support for the
STRS account would have totaled $623.0 million, 9.9% ($56.0 million) more than the previous
fiscal year yet 3.9% (-$25.0 million) less than the President’s proposal. The MEP program would
have received $128.5 million, 0.1% above the FY2012 figure and 0.4% more than the budget
request, while AMTech would have been financed at $14.5 million, 31.0% (-$6.5 million) below
the Administration’s proposed budget. The $60.0 million in the construction account was 8.3%
above the FY2012 figure and the same as the budget request.
H.R. 5326, as passed by the House, would have funded NIST at $830.6 million, an increase of
10.6% ($79.8 million) over FY2012, 3.1% (-$26.4 million) less than the Administration’s budget,
and 0.6% ($4.6 million) more than the original Senate figure. The $621.1 million provided for the
STRS account was an increase of 9.6% ($54.2 million) above the earlier fiscal year, but 4.1%
(-$26.8 million) less than the President’s request, and 0.3% (-$1.8 million) less than the amount
included in S. 2323. Financing for MEP would have totaled $128.0 million, 0.3% less than in
FY2012, the same as the budget proposal, and 0.4% below the Senate-reported bill. AMTech
would have received $21.0 million, equal to the amount in the Administration request, and $6.5
million (44.8%) more than the amount included in S. 2323. The $60.0 million for construction
was 8.3% above the previous fiscal year and the same as that in both the President’s budget and
the Senate bill.
P.L. 113-6 appropriates $807.1 million for NIST. Included in this figure is $599.5 million for the
STRS account, $125.8 million for the MEP program, $14.2 million for AMTech, and $58.8
million for construction.
National Oceanic and Atmospheric Administration (NOAA)42
The National Oceanic and Atmospheric Administration (NOAA) conducts scientific research in
areas such as ecosystems, climate, global climate change, weather, and oceans; supplies
information on the oceans and atmosphere; and manages coastal and marine resources. NOAA
was created in 1970 by Reorganization Plan No. 4. The reorganization plan was designed to unify
a number of the nation’s environmental activities and to provide a systematic approach for
monitoring, analyzing, and protecting the environment. NOAA’s current administrative structure
has evolved into five line offices, which include the National Environmental Satellite, Data, and
Information Service (NESDIS); the National Marine Fisheries Service (NMFS); the National
Ocean Service (NOS); the National Weather Service (NWS); and the Office of Oceanic and
Atmospheric Research (OAR). In addition to NOAA’s five line offices, Program Support (PS), a
41
See CRS Report RL33074, Mandatory Spending Since 1962, by (name redacted) and (name redacted), p. 2.
This section was written by (name redacted), Analyst in Natural Resources Policy, CRS Resources, Science, and
Industry Division.
42
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
cross-cutting budget activity, includes the NOAA Education Program, Corporate Services,
Facilities, and the Office of Marine and Aviation Operations (OMAO).
For FY2013, the Administration requested a total of $5.055 billion for NOAA, an amount that
would have been $160.8 million (3.3 %) more than the FY2012-enacted amount of $4.894
billion.43 NOAA’s budget is divided into two main accounts, Operations, Research, and Facilities
(ORF) and Procurement, Acquisition, and Construction (PAC). The Administration proposed
funding ORF at $3.042 billion, 0.7% more than the FY2012-enacted appropriation of $3.022
billion, and PAC at $1.966 billion, 8.2% more than the FY2012-enacted appropriation of $1.817
billion. In addition, the Administration requested $50.0 million for the Pacific Coastal Salmon
Recovery Fund, 23.1% less than the FY2012-enacted amount of $65.0 million.44 Requested
funding levels for the Fishermen’s Contingency Fund and the Fisheries Finance Program accounts
were $350,000 and negative $4.0 million, respectively.45
The Senate Committee on Appropriations recommended a total of $3.419 billion for NOAA, an
amount that would have been $1.475 billion (-30.1%) less than the FY2012-enacted amount of
$4.894 billion and $1.636 billion (-32.4%) less than the Administration’s request of $5.055
billion.46 The Senate committee recommended funding ORF at $3.140 billion, 3.9% more than
the FY2012-enacted appropriation of $3.022 billion and 3.2% more than the Administration’s
request of $3.042 billion. The committee would have funded PAC at $217.6 million, 88.0% less
than the FY2012-enacted appropriation of $1.817 billion, and 88.9% less than the
Administration’s request of $1.966 billion. The committee recommended $65.0 million for the
Pacific Coastal Salmon Recovery Fund, the same as the FY2012-enacted funding level, and 30%
more than the Administration’s request of $50.0 million.
The House recommended a total of $4.945 billion for NOAA, an amount that would have been
$51.1 million (1.0%) more than the FY2012-enacted amount of $4.894 billion, $109.8 million (2.2%) less than the Administration’s request of $5.055 billion, and $1.526 billion (44.6%) more
than the Senate committee’s recommendation of $3.419 billion. The House recommended
funding ORF at $2.951 billion, 2.3% less than the FY2012-enacted appropriation of $3.022
billion, 3.0% less than the Administration’s request of $3.042 billion, and 6.0% less than the
Senate committee’s recommendation of $3.140 billion. The House would have funded PAC at
$1.932 billion, 6.3% more than the FY2012-enacted appropriation of $1.817 billion, 1.7% less
than the Administration’s request of $1.966 billion, and 787.8% more than the Senate committee’s
recommendation of $217.6 million. The House also recommended $65.0 million for the Pacific
Coastal Salmon Recovery Fund, the same as the FY2012-enacted funding level, 30.0% more than
the Administration’s request of $50.0 million, and the same as the recommendation of the Senate
Committee on Appropriations.47
43
The NOAA FY2013 total included requested funding levels for the following accounts, Operations, Research, and
Facilities (ORF); Procurement, Acquisition, and Construction (PAC); the Pacific Coastal Salmon Recovery Fund; the
Fishermen’s Contingency Fund; and the Fisheries Finance Program.
44
U.S. Department of Commerce, The Department of Commerce Budget in Brief, FY2013, http://www.osec.doc.gov/
bmi/budget/FY13BIB/fy2013bib_final.pdf.
45
The Fisheries Finance Program Account was to provide a negative subsidy estimated at $4.0 million. The House and
Senate Committees on Appropriations recommended the same funding levels as the Administration’s request for the
Fishermen’s Contingency Fund and the Fisheries Finance Program Accounts.
46
U.S. Congress, Senate Committee on Appropriations, Departments of Commerce and Justice, and Science, and
Related Agencies Appropriations Bill, 2013, 112th Cong., 2nd sess., April 19, 2012, S.Rept. 112-158.
47
U.S. Department of Commerce, The Department of Commerce Budget in Brief, Fiscal Year 2013,
(continued...)
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
The Consolidated and Further Continuing Appropriations Act provides a total of $4.994 billion
for NOAA. P.L. 113-6 includes $3.048 billion for ORF, $1.886 billion for PAC, $63.7 million for
the Pacific Coastal Salmon Recovery Fund, $343,000 for the Fishermen’s Contingency Fund, and
negative $4.0 million for the Fisheries Finance Program account.
Several policy amendments related to NOAA programs were passed by the House and would
have prohibited the use of funds
•
to develop, approve, or implement a new limited access privilege program (catch
shares) that is not already developed, approved, or implemented for any fishery
under the jurisdiction of the South Atlantic, Mid-Atlantic, New England, or Gulf
of Mexico Fishery Management Council;
•
to implement the National Ocean Policy;
•
to implement a proposed rule for turtle excluder devices as described in the
Southeast Fishery Bulletin published by the National Oceanic and Atmospheric
Administration on May 8, 2012;
•
to pay the salary of any officer or employee of the Department of Commerce who
uses amounts in the Fisheries Enforcement Asset Forfeiture Fund of the National
Oceanic and Atmospheric Administration that consists of the sums described in
Section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861(e)(1)) for any purpose other than a purpose
specifically authorized under such section; and
•
to reintroduce California Central Valley Spring Run Chinook salmon.
The National Ocean Policy amendment was not included in P.L. 113-6, although the Senate
explanatory statement added that no funding was requested to implement the policy. Amendments
concerning catch shares and turtle excluder devices were not included, but the explanatory
statement directed NOAA to provide reports on these activities to the Committees on
Appropriations. The explanatory statement did not include amendments concerning salmon
reintroduction or use of the Fisheries Enforcement Asset Forfeiture Fund.
The Senate Committee on Appropriations recommended shifting NOAA satellite acquisition to
the National Aeronautics and Space Administration (NASA). The move to NASA would have
decreased NESDIS PAC funding from the FY2012-enacted level of $1.697 billion to the Senate
committee’s recommendation of $92.5 million. NOAA requested $1.850 billion and the House
recommended $1.823 billion for NESDIS PAC funding. The Senate committee’s report
questioned whether NOAA is capable of managing the costs of satellites, such as the Joint Polar
Satellite System (JPSS), and the agency’s ability to avoid gaps in weather coverage from satellite
data.48 However, the report also stated that NOAA has shown strong leadership in operating
environmental satellites; acquiring, processing, and disseminating data; and maintaining a proper
data archive. The proposed shift to NASA was not adopted in P.L. 113-6, and the bill provides
$1.777 billion for the NESDIS PAC account.
(...continued)
http://www.osec.doc.gov/bmi/budget/FY13BIB/fy2013bib_final.pdf.
48
U.S. Congress, Senate Committee on Appropriations, Departments of Commerce and Justice, and Science, and
Related Agencies Appropriations Bill, 2013, 112th Cong., 2nd sess., April 19, 2012, 112-158.
Congressional Research Service
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Department of Justice (DOJ)49
Established by an act of 187050 with the Attorney General at its head, DOJ provides counsel for
the government in federal cases and protects citizens through law enforcement. It represents the
federal government in all proceedings, civil and criminal, before the Supreme Court. In legal
matters, generally, the department provides legal advice and opinions, upon request, to the
President and executive branch department heads. The major functions of DOJ agencies and
offices are described below.
•
United States Attorneys prosecute criminal offenses against the United States;
represent the federal government in civil actions; and initiate proceedings for the
collection of fines, penalties, and forfeitures owed to the United States.
•
United States Marshals Service provides security for the federal judiciary,
protects witnesses, executes warrants and court orders, manages seized assets,
detains and transports unsentenced prisoners, and apprehends fugitives.
•
Federal Bureau of Investigation (FBI) investigates violations of federal criminal
law; helps protect the United States against terrorism and hostile intelligence
efforts; provides assistance to other federal, state, and local law enforcement
agencies; and shares jurisdiction with Drug Enforcement Administration over
federal drug violations.
•
Drug Enforcement Administration (DEA) investigates federal drug law
violations; coordinates its efforts with state, local, and other federal law
enforcement agencies; develops and maintains drug intelligence systems;
regulates legitimate controlled substances activities; and conducts joint
intelligence-gathering activities with foreign governments.
•
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces federal law
related to the manufacture, importation, and distribution of alcohol, tobacco,
firearms, and explosives. It was transferred from the Department of the Treasury
to DOJ by the Homeland Security Act of 2002 (P.L. 107-296).
•
Federal Prison System (Bureau of Prisons, BOP) provides for the custody and
care of the federal prison population, the maintenance of prison-related facilities,
and the boarding of sentenced federal prisoners incarcerated in state and local
institutions.
•
Office on Violence Against Women (OVW) coordinates legislative and other
initiatives relating to violence against women and administers grant programs to
help prevent, detect, and stop violence against women, including domestic
violence, sexual assault, and stalking.
•
Office of Justice Programs (OJP) manages and coordinates the activities of the
Bureau of Justice Assistance, Bureau of Justice Statistics, National Institute of
49
This section was written by (name redacted), CRS Analyst
in Crime Policy; Kristin M. Finklea, CRS Specialist in
Domestic Security; (name redacted), CRS Specialist in Do mestic Security and Crime Policy; and (name redacted),
Analyst in Illicit Drugs and Crime Policy; CRS Domestic Social Policy Division.
50
28 U.S.C. §501
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office of
Victims of Crime.
•
Community Oriented Policing Services (COPS) advances the practice of
community policing by awarding grants to law enforcement agencies to hire and
train community policing professionals, acquire and deploy crime-fighting
technologies, and develop and test innovative policing strategies.
Most crime control has traditionally been a state and local responsibility. With the passage of the
Crime Control Act of 1968 (P.L. 90-351), however, the federal role in the administration of
criminal justice has increased incrementally. Since 1984, Congress has approved five major
omnibus crime control bills, designating new federal crimes, penalties, and additional law
enforcement assistance programs for state and local governments.51
FY2012 and FY2013 Appropriations
The Administration requested a total of $27.828 billion for DOJ for FY2013 (see Table 4). The
Administration’s request was $420.6 million, or 1.5%, greater than the amount Congress
appropriated for FY2012 ($27.408 billion). The Administration’s proposal would have basically
flat funded the DEA, ATF, and the U.S. Attorneys. Under the Administration’s proposal, there
would have been a modest increase in the FBI’s and BOP’s budget. However, there would have
been a significant increase in the U.S. Marshals Service’s budget, but this is because the
Administration proposed to consolidate the Office of the Federal Detention Trustee and the U.S.
Marshals Service. The Administration also proposed to fund several grant programs under OVW
and OJP with receipts from the Crime Victims Fund.
The Senate Committee on Appropriations recommended a total of $27.866 billion for the
Department of Justice. This amount was 1.7% above the FY2012 appropriation of $27.408 and
0.1% more than the Administration’s request of $27.828 billion. The Senate Committee on
Appropriations matched the Administration’s request for nearly all of DOJ’s accounts. The only
instances where the Senate Committee on Appropriations diverged from the Administration’s
request were in its proposed funding for DOJ’s grant accounts.
The House recommended a total of $27.584 billion for the Department of Justice, an amount that
was $176.2 million (0.6%) above the FY2012 appropriation, $244.3 million (-0.9%) below the
Administration’s request, and $282.2 million (-1.0%) below the Senate committee-reported
amount. The House’s recommendation for the U.S. Marshals Service, the DEA, the BOP, the OJP,
and COPS was below what the Administration requested and the Senate committee-reported
amount. However, the committee recommended an increase in funding for the FBI.
The DOJ received a total of $27.305 billion under the Consolidated and Further Continuing
Appropriations Act.
51
See, for example, the Crime Control Act of 1984 (P.L. 98-473); the Anti-Drug Abuse Act of 1986 (P.L. 99-570); the
Anti-Drug Abuse Act of 1988 (P.L. 100-690); the Crime Control Act of 1990 (P.L. 101-647); and the Violent Crime
Control and Law Enforcement Act of 1994 (P.L. 103-322).
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Table 4. Funding for the Department of Justice (Pre-sequester)
(budget authority in millions of dollars)
Consolidated and Further
Continuing Appropriations
Act (Pre-sequester)
FY2012
Enacted
FY2013
Request
Senate
CommitteeReported
General Administration
$2,227.9
$556.5
$556.5
General
Administration
262.1
161.1
Administrative
Review & Appeals
301.0
Detention Trustee
Prerescissions
Postrescissionsa
$514.0
$539.7
$528.5
161.1
120.3
144.2
141.3
309.4
309.4
309.4
309.4
303.0
1,580.6
—b
—
—
—
—
Office of the
Inspector General
84.2
86.0
86.0
84.2
86.0
84.2
U.S. Parole Commission
12.8
12.8
12.8
12.8
12.8
12.5
3,187.2
3,240.7
3,240.7
3,180.1
3,210.7
3,149.7
863.4
903.6
903.6
858.4
881.0
862.7
1,960.0
1,974.4
1,974.4
1,965.0
1,969.7
1,928.9
363.8
362.7
362.7
356.8
360.0
358.2
United States Marshals
Service
1,189.0
2,881.7b
2,881.7
2,845.9
2,853.4
2,794.2
National Security Division
87.0
90.0
90.0
90.0
90.0
88.2
Interagency Law
Enforcement
527.5
524.8
524.8
521.8
521.8
511.0
Federal Bureau of
Investigation
8,118.0
8,232.0
8,232.0
8,265.9
8,266.0
8,094.6
Drug Enforcement
Administration
2,035.0
2,050.9
2,050.9
2,043.9
2,050.9
2,008.4
Bureau of Alcohol,
Tobacco, Firearms and
Explosives
1,152.0
1,153.3
1,153.3
1,151.4
1,153.3
1,129.4
Federal Prison System
6,644.0
6,922.1
6,922.1
6,912.9
6,912.9
6,769.6
Office on Violence Against
Women
412.5
412.5d
412.5
420.0
416.5
407.9
Office of Justice Programs
1,616.3
1,461.3
1,514.2
1,426.7
1,625.2
1,592.8
Research, Evaluation,
and Statistics
113.0
136.0
126.0
130.0
127.0
124.4
State and Local Law
Enforcement
Assistance
1,162.5
1,002.0e
1,058.9
1,008.9
1,140.4
1,116.8
262.5
245.0
278.0
209.5
279.5
273.7
Accounts
Legal Activities
General legal activities
United States
Attorneys
Otherc
Juvenile Justice
Programs
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Consolidated and Further
Continuing Appropriations
Act (Pre-sequester)
FY2012
Enacted
FY2013
Request
Senate
CommitteeReported
78.3
78.3
78.3
198.5
289.6
Crime Victims Fund (CVF)
705.0
1,070.0f
Offsetting Receipts (CVF)
-705.0
Total: Department of
Justice
27,407.7
Accounts
Public Safety Officers
Benefits
Community Oriented
Policing Services
HousePassed
Prerescissions
Postrescissionsa
78.3
78.3
78.0
247.5
198.5
222.5
217.9
775.0
720.0
730.0
730.0
-1,070.0
-775.0
-720.0
-730.0
-730.0
27,828.3
27,866.1
27,583.9
27,875.7
27,304.7
Source: FY2012-enacted amounts were taken from the conference report for the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested and Senate committeereported amounts were taken from S.Rept. 112-158. House-passed amounts were taken from
H.Rept. 112-463 and the version of H.R. 5326 passed by the House. Pre-rescission amounts provided by the
Consolidated and Further Continuing Appropriations Act were taken from the explanatory statement printed in
the March 11, 2013, Congressional Record (pp. S1300-S1315); post-rescission amounts reflect the rescissions
specified in section 3001 of the act and the rescissions calculated by OMB per section 3004 of the act.
Note: Amounts may not add to totals due to rounding.
a.
The post-rescission amounts reflect rescissions of discretionary budget authority provided in P.L. 113-6 as
specified in section 3001 of the act. Per section 3001, a rescission of 1.877% was applied to appropriations
for discretionary non-security (as defined at 2 U.S.C. §900(c)(4)(A)) accounts and a 0.1% rescission was
applied to appropriations for all discretionary security (as defined at 2 U.S.C. §900(c)(4)(B)) accounts. The
post-rescission amounts also include an additional rescission, as calculated by OMB per section 3004 of the
act, of 0.2% for discretionary non-security accounts and 0.032% for discretionary security accounts.
b.
For FY2013, the Administration proposed to merge the Office of the Federal Detention Trustee with the
U.S. Marshals Service (USMS). The Administration’s proposal includes a new Federal Prisoner Detention
account under the USMS to cover the costs associated with the care of federal detainees.
c.
“Other” includes accounts 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.
Includes $144.5 million the Administration’s proposes transferring from the Crime Victims Fund to the
Office on Violence Against Women account.
e.
Includes $220.5 million the Administration proposes transferring from the Crime Victims Fund to the State
and Local Law Enforcement Assistance account.
f.
The Administration proposes to transfer $365.0 million from the Crime Victims Fund to the Office on
Violence Against Women and State and Local Law Enforcement Assistance accounts.
General Administration
The General Administration account provides funds for salaries and expenses for the Attorney
General’s office, the Inspector General’s office, and other programs designed to ensure that the
collaborative efforts of DOJ agencies are coordinated to help represent the government and fight
crime as efficiently as possible.
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The Administration’s request included $556.5 million for FY2013. This amount was $1.671
billion (-75.0%) less than the FY2012-enacted appropriation of nearly $2.228 billion. The bulk of
this decrease was due to the proposed consolidation of the Office of the Federal Detention Trustee
and the U.S. Marshals Service, and the elimination of funding for the National Drug Intelligence
Center as well as for the Law Enforcement Wireless Communications subaccount, as discussed
below.
The Senate Committee on Appropriations recommended $556.5 million for FY2013. This amount
was 75.0% less than the FY2012-enacted appropriation and the same as that requested by the
Administration. The House recommended almost $514.0 million for the General Administration
account. This was 76.9% less than the FY2012-enacted appropriation and 7.6% less than the
Administration’s request and the Senate committee-reported amount. The Consolidated and
Further Continuing Appropriations Act provides $528.5 million for General Administration
activities.
General Administration
The General Administration account includes funding for Salaries and Expenses for DOJ
administration, as well as for the National Drug Intelligence Center (NDIC), Justice Information
Sharing Technology, and Tactical Law Enforcement Wireless Communications.
For FY2013, the Administration’s request included nearly $161.1 million for the General
Administration account. This was $101.0 million (-38.5%) less than the FY2012-enacted
appropriation of $262.1 million. This decrease was primarily driven by the proposed elimination
of funding for two components of the General Administration account: the NDIC and the Law
Enforcement Wireless Communications subaccount. For FY2012, Congress appropriated $20.0
million to be used for the closure of the NDIC. The NDIC officially closed on June 15, 2012. For
FY2013, the Administration proposed fully closing the NDIC and transferring its functions to the
DEA. With respect to the Law Enforcement Wireless Communications subaccount, the
Administration proposed transferring responsibility (and funding) for legacy radio networks to
the appropriate component agencies and giving the FBI responsibility for the Law Enforcement
Radio program.
The Senate Committee on Appropriations recommended nearly $161.1 million for the FY2013
General Administration account. This was 38.5% less than the FY2012-enacted appropriation and
the same as the amount requested by the Administration for FY2013. The House recommended
$120.3 million for General Administration. This amount was 54.1% less than the FY2012
appropriation and 25.3% less than the Administration’s FY2013 request and amount
recommended by the Senate Committee on Appropriations. The Consolidated and Further
Continuing Appropriations Act provides nearly $141.3 million for the General Administration
account.
Administrative Review and Appeals (ARA)
Administrative Review and Appeals (ARA) includes the Executive Office of Immigration Review
(EOIR) and the Office of the Pardon Attorney (OPA). The Attorney General is responsible for the
review and adjudication of immigration cases in coordination with the Department of Homeland
Security’s (DHS’s) efforts to secure the nation’s borders. The EOIR handles these matters, and the
OPA receives and reviews petitions for executive clemency.
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The Administration’s request included $309.4 million for ARA for FY2013. This was $8.4 million
(2.8%) more than the $301.0 million appropriated for FY2012. The Senate Committee on
Appropriations as well as the House both recommended $309.4 million for FY2013 ARA
funding, equal to the Administration’s request. The Consolidated and Further Continuing
Appropriations Act provides $303.0 million for ARA.
Office of the Federal Detention Trustee (OFDT)
The Office of the Federal Detention Trustee (OFDT) provides overall management and oversight
for federal detention services relating to federal prisoners in nonfederal institutions or otherwise
in the custody of the U.S. Marshals Service. For FY2013, the Administration proposed to merge
the OFDT with the U.S. Marshals Service. The costs associated with the care of federal detainees
would be paid for out of a new Federal Prisoner Detention account under the U.S. Marshals
Service’s appropriation. Congress adopted the Administration’s proposal to merge the OFDT with
the U.S. Marshals Service.
Office of the Inspector General (OIG)
The Office of the Inspector General (OIG) is responsible for detecting and deterring waste, fraud,
and abuse involving DOJ programs and personnel; promoting economy and efficiency in DOJ
operations; and investigating allegations of departmental misconduct.
For FY2013, the Administration requested almost $86.0 million for the OIG. This was almost
$1.8 million (2.1%) more than the FY2012-enacted appropriation of nearly $84.2 million. The
Senate Committee on Appropriations recommended nearly $86.0 million for the OIG, equal to the
Administration’s FY2013 request. The House recommended almost $84.2 million for FY2013
OIG funding. This amount was equal to the FY2012-enacted appropriation and it was 2.1% less
than both the Administration’s request and the amount recommended by the Senate Committee on
Appropriations. The Consolidated and Further Continuing Appropriations Act provides $84.2
million for the OIG.
U.S. Parole Commission
The U.S. Parole Commission adjudicates parole requests for prisoners who are serving felony
sentences under federal and District of Columbia code violations. The Administration’s requested
for the U.S. Parole Commission is $61,000, or 0.5%, less than the FY2012-enacted appropriation
of $12.8 million. Both the Senate Committee on Appropriations and the House recommended
$12.8 million for the U.S. Parole Commission, the same as the Administration’s request. The
Consolidated and Further Continuing Appropriations Act provides $12.5 million for the
commission.
Legal Activities
The Legal Activities account includes several subaccounts: general legal activities, U.S.
Attorneys, and other legal activities. The Administration’s request included $3.241 billion for the
Legal Activities Account, nearly $53.5 million (1.7%) over the FY2012-enacted appropriation of
$3.187 billion. The Senate Committee on Appropriations recommended $3.241 billion for Legal
Activities, equal to the Administration’s requested amount. The House recommended $3.180
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billion for Legal Activities, 0.2% less than the FY2012 enacted appropriation and 1.9% less than
both the Administration’s request and the amount recommended by the Senate Committee on
Appropriations. The Consolidated and Further Continuing Appropriations Act provides $3.149
billion for the Legal Activities account
General Legal Activities
The General Legal Activities account funds the Solicitor General’s supervision of the
department’s conduct in proceedings before the Supreme Court. It also funds several
departmental divisions (tax, criminal, civil, environment and natural resources, legal counsel,
civil rights, INTERPOL, and dispute resolution).
For FY2013, the Administration’s request included $903.6 million for general legal activities, an
increase of $40.2 million (4.7%) over the FY2012-enacted appropriation of almost $863.4
million. The Senate Committee on Appropriations recommended $903.6 million for general legal
activities, equal to the Administration’s FY2013 request. The House recommended almost $858.4
million for general legal activities. This amount was 0.6% less than the FY2012-enacted
appropriation and 5.0% less than both the Administration’s request and the amount recommended
by the Senate Committee on Appropriations. For FY2013, the Consolidated and Further
Continuing Appropriations Act provides $862.7 million for general legal activities.
Office of the U.S. Attorneys
The U.S. Attorneys enforce federal laws through prosecution of criminal cases and represent the
federal government in civil actions in all of the 94 federal judicial districts. For FY2013,
Congress has appropriated $1.929 billion for the U.S. Attorneys.
By comparison, the Administration’s request was $1.974 billion for the U.S. Attorneys, a net
increase of $14.4 million (0.7%). The request included $27.8 million in base increases, less nearly
$40.0 million in offsets and other savings, plus a $26.5 million budget increase for financial and
mortgage fraud cases. The $26.5 million for financial and mortgage fraud included $15.5 million
for criminal litigation and $11.0 million for civil litigation. The U.S. Attorneys’ budget
submission to Congress indicated that the FY2013 request would be allocated by budget decision
unit as follows:
•
criminal litigation ($1.531 billion),
•
civil litigation ($409.9 million), and
•
legal education ($33.5 million).
The Senate-reported bill would have provided the same amount as requested by the
Administration. Senate report language urged the U.S. Attorneys to continue to focus their efforts
on crimes that fall under federal jurisdiction, including matters related to the sexual exploitation
of children which are addressed under the Adam Walsh Child Protection and Safety Act of 2006
(P.L. 109-248); combating financial and mortgage fraud; human trafficking; and intellectual
property rights enforcement.
By comparison, the House-passed bill would have provided $1.965 billion. This amount was $9.4
million (-0.5%) less than the request and the Senate-reported amount. House report language did
not provide any explanation for the lesser amount; however, it noted that the Attorney General
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had yet to respond to the committee’s follow up questions regarding the status of DOJ-led human
trafficking task forces. House report language also noted that the committee had anticipated that
FY2013 funding for child exploitation programs (as authorized under P.L. 109-248) would not be
less than allocated for FY2012. With regard to prescription drug abuse, House report language
urged the U.S. Attorneys to prioritize investigations and prosecutions of “pill mills” that dispense
addictive pain medication under the guise of a doctor’s care. The explanatory statement
accompanying the FY2013 CJS appropriation included language emphasizing these initiatives, as
well as internet sex trafficking. For FY2012, Congress appropriated $1.96 billion for the U.S.
Attorneys.
Other Legal Activities
Other Legal Activities includes the Antitrust Division, the Vaccine Injury Compensation Trust
Fund, the U.S. Trustee System Fund (which is responsible for maintaining the integrity of the
U.S. bankruptcy system by, among other things, prosecuting criminal bankruptcy violations), the
Foreign Claims Settlement Commission, the Fees and Expenses of Witnesses, the Community
Relations Service, and the Assets Forfeiture Fund.
For FY2013, the Administration’s request included $362.7 million for other legal activities. This
was $1.1 million (-0.3%) less than the FY2012-enacted appropriation of $363.8 million. The
Senate Committee on Appropriations recommended $362.7 million for other legal activities for
FY2013, equal to the Administration’s request. The House recommended $356.8 million for other
legal activities. This amount was 1.9% less than the FY2012-enacted appropriation and 1.6%
lower than both the Administration’s request and the Senate committee-reported amount. The
Consolidated and Further Continuing Appropriations Act provides $358.2 million for other legal
activities.
U.S. Marshals Service (USMS)
The U.S. Marshals Service (USMS) is responsible for the protection of the federal judicial
process, including protecting judges, attorneys, witnesses, and jurors. In addition, the USMS
provides physical security in courthouses, safeguards witnesses, transports prisoners from court
proceedings, apprehends fugitives, executes warrants and court orders, and seizes forfeited
property. For FY2013, the Administration requested $2.882 billion for the USMS, a proposed
increase of 142.4% over the FY2012-enacted appropriation of $1.189 billion. As discussed above,
the Administration proposed to consolidate the OFDT with the USMS, hence the substantial
proposed increase for the USMS. Of the $2.882 billion the Administration requested for the
USMS, $1.668 billion would have been for a new Federal Prisoner Detention account under the
USMS. Funding under this account would be used to cover the costs associated with the care of
federal detainees. The $1.668 billion the Administration requested for the Federal Prisoner
Detention account is 5.5% more than the $1.581 billion Congress appropriated for the OFDT for
FY2012.
The Senate Committee on Appropriations recommended funding for the U.S. Marshals Service
was $2.882 billion, the same as the Administration’s request. The committee accepted the
Administration’s proposal to consolidate the OFDT with the U.S. Marshals Service. The
committee recommended $1.668 billion for the Federal Prisoner Detention account under the
U.S. Marshals Service, the same as the Administration’s request.
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The House amount for the U.S. Marshals was $2.846 billion. This amount was 139.9% above the
FY2012 appropriation, but it was 1.2% below both the Administration’s request and the Senate
committee-reported amount. Like the Senate Committee on Appropriations, the House accepted
the Administration’s proposal to consolidate the OFDT the U.S. Marshals Service. The House
recommended $1.647 billion for the Federal Prisoner Detention account, an amount that was
1.2% below both the Administration’s request and the Senate committee-reported amount.
However, it was 4.2% above the FY2012 appropriation for the OFDT.
The Consolidated and Further Continuing Appropriations Act includes a total of $2.794 billion for
the USMS. Congress accepted the Administration’s request to consolidate the OFDT and the
USMS. Under the act, the USMS received $1.171 billion for its Salaries and Expenses account,
$9.8 million for its Construction account, and $1.613 billion for the Federal Prisoner Detention
account.
One issue before Congress as it considered the CJS appropriations bill was whether to accept the
Administration’s proposal to consolidate the OFDT and the USMS. The OFDT was established
out of concern about inadequate planning and management of detention space in DOJ. Congress
created the ODFT so that one entity would be responsible for oversight of detention management,
as well as improvement and coordination of detention issues. The Administration claimed that
merging the OFDT and USMS will save $5.6 million by increasing operational efficiency.52 The
Administration reported that the proposed merger could provide the following advantages:
•
the USMS would be responsible for formulating the detention budget and
accountable for any shortfalls related to its operation;
•
the reimbursable agreement the USMS has with the OFDT would not be needed,
thereby eliminating bureaucratic layers to the financial process; and
•
it would allow the staff of the OFDT to continue its mission to find efficiencies in
the detention system, but under a single command structure within the USMS.53
The Administration’s proposal appeared to simply move the OFDT’s responsibilities under the
authority of the USMS. As such, the USMS would be responsible for coordinating the
procurement of detention space for all federal detainees. Prior to the establishment of the OFDT,
the USMS and U.S. Immigration and Customs Enforcement (ICE, which was the Immigration
and Naturalization Service when the OFDT was established) were both responsible for procuring
detention space for detainees under their authority.
Another issue Congress might have considered was whether to invest in more permanent
detention space for federal detainees. The Administration reported that it expected the average
daily population to increase by approximately 1,900 detainees between FY2011 and FY2013.54
The average daily population is dependent upon the number of people arrested and the length of
time defendants are detained pending adjudication, release, or subsequently transferred to a
federal prison following conviction and sentencing. The Administration reported that anticipated
law enforcement initiatives on the southwest border that address drug and firearms trafficking are
52
U.S. Department of Justice, U.S. Marshals Service, FY2013 Performance Budget, President’s Budget, Federal
Prisoner Detention Appropriation, February 2012, p. 42, http://www.justice.gov/jmd/2013justification/pdf/fy13-fpdjustification.pdf.
53
Ibid.
54
Ibid., p. 5.
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expected to increase the average time in detention.55 Moreover, there has been an increase in the
number of people arrested for immigration-related offenses, but the effect of these arrests on the
average time in detention has been mitigated by policies adopted by the U.S. Attorneys, the
Department of Homeland Security, and the federal judiciary to fast-track these cases through the
federal criminal justice system.
Detention bedspace for federal detainees is acquired through (1) federal detention facilities,
where the government pays for construction and subsequent operation of the facility through the
Bureau of Prisons; (2) Intergovernmental Agreements (IGA) with state and local jurisdictions
who have excess prison/jail bed capacity and receive a daily rate for the use of a bed; (3) private
jail facilities where a daily rate is paid per bed; and (4) the Capital Improvement Program (CIP),
which includes the Cooperative Agreement Program (CAP)56 and the Non-refundable Service
Charge (NSCC)57 contract, where capital investment funding is provided to state and local
governments for guaranteed detention bed space in exchange for a daily rate negotiated through
an IGA. The Administration reported that DOJ has not been able to rely as much on IGAs and
federal detention facilities to meet the increase in the detention population, primarily because
state and local governments are increasingly using their facilities for their own detention
requirements and no new federal detention facilities have been built since 2000. The department
has increasingly relied on private facilities to provide needed detention space.
National Security Division (NSD)
The National Security Division (NSD) coordinates DOJ’s national security and terrorism
missions through law enforcement investigations and prosecutions. The NSD was established in
DOJ in response to the recommendations of the Commission on the Intelligence Capabilities of
the United States Regarding Weapons of Mass Destruction (WMD Commission), and authorized
by Congress on March 9, 2006, in the USA PATRIOT Improvement and Reauthorization Act of
2005. Under the NSD, the DOJ resources of the Office of Intelligence Policy and Review and the
Criminal Division’s Counterterrorism and Counterespionage Sections were consolidated to
coordinate all intelligence-related resources and to ensure that criminal intelligence information is
shared, as appropriate. For FY2012, Congress appropriated $87.0 million for the NSD. For
FY2013, the Administration requested $90.0 million for the NSD, or an increase of 3.5%. The
Senate-reported and House-passed measures would have provided the same amount as the
request. The Consolidated and Further Continuing Appropriations Act includes $88.2 million for
the NSD.
Interagency Law Enforcement
The Interagency Law Enforcement account reimburses departmental agencies for their
participation in the Organized Crime Drug Enforcement Task Force (OCDETF) program.
Organized into nine regional task forces, this program combines the expertise of federal agencies
55
Ibid., p. 6.
CAP provides federal resources to select state and local governments to renovate, construct, and equip detention
facilities in return for guaranteed bed space for a fixed period of time for federal detainees in or near federal court
cities.
57
NSCC allows USMS to directly contract with state and local governments providing upfront funding for renovation
or construction of jails to house federal detainees in exchange for guaranteed bed space at a fixed rate.
56
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with the efforts of state and local law enforcement to disrupt and dismantle major narcoticstrafficking and money-laundering organizations. From DOJ, the federal agencies that participate
in OCDETF are the DEA; the FBI; the ATF; the USMS; the Tax and Criminal Divisions of DOJ;
and the U.S. Attorneys. From the Department of Homeland Security, Immigration and Customs
Enforcement and the U.S. Coast Guard participate in OCDETF. In addition, from the Department
of the Treasury, the Internal Revenue Service and Treasury Office of Enforcement also participate
in OCDETF. Moreover, state and local law enforcement agencies participate in approximately
90% of all OCDETF investigations.
For FY2013, the Administration requested $524.8 million for the Interagency Law Enforcement
Account. This was $2.7 million (-0.5%) less than the FY2012-enacted appropriation of $527.5
million. The Senate Committee on Appropriations recommended $524.8 million for this account
for FY2013. The committee’s recommendation was equal to the Administration’s request. The
House-passed amount for this account was $521.8 million, 1.1% below the FY2012 appropriation
and 0.6% less than both the Administration’s request and the Senate Committee on
Appropriations’ mark. The Consolidated and Further Continuing Appropriations Act provides
nearly $511.0 million for this account.
Federal Bureau of Investigation (FBI)
The FBI is the lead federal investigative agency charged with defending the country against
foreign terrorist and intelligence threats; enforcing federal laws; and providing leadership and
criminal justice services to federal, state, municipal, tribal, and territorial law enforcement
agencies and partners. Since the September 11, 2001 (9/11), terrorist attacks, the FBI has
reorganized and reprioritized its efforts to focus on preventing terrorism and related criminal
activities. From FY2001 through FY2011, Congress has more than doubled direct appropriations
for the FBI from $3.32 billion to $7.926 billion, or a 138.7% increase.58 For FY2012, Congress
appropriated $8.118 billion for the FBI (an increase of 2.4%).
The Consolidated and Further Continuing Appropriations Act provides $8.095 billion for the FBI.
This amount includes $8.015 billion for salaries and expenses and $79.3 million for construction.
The Administration request was $8.232 billion for the FBI (an increase of 1.4%), and it included
$8.151 billion for salaries and expenses and nearly $81.0 million for construction. The Senatereported bill would have provided a total of $8.232 billion for the FBI, the same as the
Administration’s request. The House-passed bill would have provided a total of $8.266 billion for
the FBI, 1.8% more than the FY2012 appropriation and 0.4% more than both the Administration’s
request and the amount approved by the Senate Committee on Appropriations. Both the Senatereported and House-passed bills would have provided the same amounts as requested for
construction ($81.0 million). The Senate bill would have provided the same amount for salaries
and expenses, but the House bill would have provided $8.185 billion, or $34.0 million (0.4%)
more than the request or Senate amount.
According to the explanatory statement accompanying the enacted FY2013 CJS appropriation,
the enacted FBI appropriation for salaries and expenses of $8.031 billion is to be allocated by
budget decision units as follows:
58
The FY2010-enacted amount does not reflect a $50 million rescission or a $24 million supplemental appropriation.
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•
Intelligence ($1.657 billion);
•
Counterterrorism/Counterintelligence ($3.268 billion);
•
Criminal Enterprises/Federal Crime ($2.614 billion); and
•
Criminal Justice Services ($492.6 million).
By comparison, the FY2013 request for salaries and expenses included the following proposed
allocations:
•
Intelligence ($1.684 billion);
•
Counterterrorism/Counterintelligence ($3.3 billion);
•
Criminal Enterprises/Federal Crime ($2.665 billion); and
•
Criminal Justice Services ($502.0 million).
For the salaries and expenses account, the FY2013 request would have resulted in a net increase
of $114.0 million compared to the FY2012-enacted amount. This amount included $162.1 million
in base adjustments,59 less $63.0 million in other offsets and savings, plus $15.0 million in budget
enhancement for financial and mortgage fraud investigations (44 positions). The $63.0 million in
offsets and savings included the following:
•
administrative efficiencies ($11.2 million),
•
contractor reductions ($7.1 million),
•
Critical Incident Response Group training and equipment reduction ($3.4
million),
•
facilities reduction ($22.6 million),
•
information technology savings ($5.9 million),
•
National Gang Intelligence Center closing ($7.8 million), and
•
employee relocation support funding reduction ($5.0 million).
Of these proposed offsets, the closing of the National Gang Intelligence Center (NGIC) proved
controversial. The 2011 National Gang Threat Assessment chronicles that the NGIC was
established by Congress in 2005 to support law enforcement agencies through timely and
accurate information sharing and strategic/tactical analysis of federal, state, and local law
enforcement information focusing on the growth, migration, criminal activity, and association of
gangs that pose a significant threat to communities throughout the United States.60 The NGIC is
staffed with representatives from the FBI, DEA, ATF, BOP, USMS, the National Drug
Intelligence Center (NDIC), the Department of Defense (DOD), and the Department of Homeland
Security’s Immigration and Customs Enforcement (ICE) and Customs and Border Protection
(CBP). This multi-agency fusion center integrates gang intelligence assets to serve as a central
59
“Base adjustments” are estimated changes in the level of funding—usually, due to costs that cannot be avoided—that
would be needed in the upcoming fiscal year to carry out the same level of activities and/or services that a department
or agency anticipates it will carry out in the current fiscal year.
60
http://www.fbi.gov/stats-services/publications/2011-national-gang-threat-assessment/2011-national-gang-threatassessment-emerging-trends.
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intelligence resource for gang information and analytical support. According to the FBI, the
elimination of the NGIC would not have hindered the U.S. government’s ability to assess the
threat posed nationally by criminal gangs, because intelligence sharing would continue at the field
level between DOJ agencies and state and local partners.
Senate report language supported the request to eliminate the NGIC, while House report language
opposed this request, but the House bill would have provided $9.0 million above the request to
sustain the NGIC. Explanatory language accompanying the enacted FY2013 appropriation
indicated that $9.0 million has been provided to maintain the NGIC. This language also indicates
that the House and Senate Appropriations Committees anticipate that the FBI, and other federal
law enforcement agencies, like the ATF, will launch a coordinated anti-gang initiative in FY2013,
and will report back to the committees on this initiative within 90 days of enactment.
Financial fraud, according to the FBI, includes matters relating to fraud, theft, or embezzlement
occurring within or against the national and international financial community.61 The requested
$15.0 million budget increase included a focus on high loss corporate, securities, and
commodities fraud. It is also to be focused on mortgage fraud. As a subset of financial institution
fraud, mortgage fraud includes three basic types of schemes:
•
loan origination schemes when borrowers and real estate insiders provide false
financial information and documentation as part of a loan application package
and false appraisals;
•
illegal property flipping, the reselling of real estate property for an artificially
inflated price (based upon a fraudulent appraisal) shortly after being acquired by
the seller; and
•
bailout schemes used by builders to offset losses and circumvent debt and
potential bankruptcy as home sales have declined sharply due to foreclosures and
other market forces.62
All financial crime cases fall under the FBI White Collar Crime (WCC) program. Despite the
growing complexity and prevalence of international financial crime, much of which is conducted
through the internet, the WCC program is considered a traditional crime program.
According to report language, the Senate bill would have provided the requested $15.0 million
(44 positions), an amount that would have brought the total amount to address complex financial
fraud to $162.1 million. House report language indicated that the House bill would have provided
a smaller increase of $6.6 million to address financial crime. Additional House report language
addressed fraud associated with stimulus funding provided under the American Recovery and
Reinvestment Act (P.L. 111-5) and called upon the FBI to report back to the committee detailing
stimulus fraud trends. Unlike Senate report language, House language did not give a total funding
allocation for financial fraud. Explanatory language indicated that the FY2013 appropriation
provides the requested amount for efforts to combat corporate fraud, securities and commodities
fraud, mortgage fraud, and other financial crime.
61
U.S. Department of Justice, Federal Bureau of Investigation, Financial Crimes Report to the Public, Fiscal Years
2010-2011, February 2012, http://www.fbi.gov/stats-services/publications/financial-crimes-report-2010-2011.
62
U.S. Department of Justice, Federal Bureau of Investigation, 2010 Mortgage Fraud Report: Year in Review, August
2011, http://www.fbi.gov/stats-services/publications/mortgage-fraud-2010/mortgage-fraud-report-2010.
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The other traditional crime programs include public corruption, civil rights, gang violence,
organized crime, and violent crime. Senate and House report language expressed the expectation
that intellectual property crime enforcement would remain an FBI investigative priority. Both
committees also urged the FBI to continue support of DOJ efforts to prosecute foreign nationals
residing in the United States who are suspected of serious human rights crimes. Senate report
language addressed Innocent Images National Initiative (IINI), noting that the bill would have
provided a total of $66.8 million for this initiative. House report language addressed severe forms
of human trafficking, noting that the FBI had increased its FY2012 resources allocated for such
investigation by 17%. House language expressed the expectation that the FY2012 level of
resources should be maintained for FY2013. Explanatory language accompanying the FY2013
appropriation requires the FBI to report to the House and Senate Appropriations Committees on
agent utilization rates and other staff resources dedicated to human trafficking investigations.
Cyber crime, by contrast, falls into both the FBI traditional crime and national security activities.
Both Senate and House report language addressed cyber security, underscoring that computer
intrusions of both U.S. government and private sector computer networks represent a growing
national security threat that the FBI is positioned to address by fusing its counterterrorism,
counterintelligence, and criminal expertise. To these ends, the House bill would have provided
$23.1 million (112 positions) above the request to increase FBI resources allocated to address the
cyber threat. Explanatory language indicated that this amount has been provided in the enacted
FY2013 appropriations.
In addition, the House bill would have provided an increase of $10.2 million to improve FBI
physical surveillance capabilities for both national security and criminal investigations. Both
Senate and House report language indicated that the amounts provided under both bills would
have supported ongoing efforts to establish and operate a Domestic Communications Assistance
Center, which is tasked with providing technical support to federal, state, and local law
enforcement with regard to lawful electronic surveillance. Both reports included language
indicating that the committees seek to monitor both DOJ and FBI efforts to enhance the
interoperability of law enforcement wireless communications. Explanatory language indicated
that this amount has been provided in the enacted FY2013 appropriations.
National security activities include counterterrorism, counterintelligence, and weapons of mass
destruction. Like cyber crime, the FBI intelligence function falls into both the traditional crime
and national security activities. Senate report language noted that the committee supported FBI
efforts to address national security threats, by providing resources and strengthening capabilities
related to international terrorism and surveillance, intelligence analysis, and legal attaches. House
report language addressed several other issues, including domestic radicalization, proper vetting
of counterterrorism training materials, investigative record centralization, Terrorist Screening
Center operations, and the Foreign Terrorist Tracking Task Force. House report language also
directed the FBI to report to the committee on the Chinese government’s “extensive use of front
organizations” that ostensibly have cultural or educational purposes, but are frequently suspected
to be controlled by the Chinese military, intelligence, or other Communist Party entities. It also
called on the FBI to report on the potential threat of economic warfare that could occur when
foreign countries or other actors use “sovereign wealth funds or other state-directed financial
tools to undermine U.S. markets and inflict damage on the economy.” Although the explanatory
language accompanying the enacted FY2013 appropriation does not address the matters discussed
above, also related to national security, it indicates that the appropriation includes $500,000 for a
comprehensive review of the FBI’s implementation of the 9/11 Commission’s recommendations.
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In addition to the direct appropriations described above, the FBI also receives significant
resources from offsetting fee receipts, reimbursements, and other intergovernmental transfers. For
example, for FY2013, the FBI anticipates that it will receive about $1.471 billion in such
resources. Examples of appropriated resources, which are to be either reimbursed or transferred to
the FBI, include the following: (1) $137.1 million from DOJ’s Interagency Crime Drug
Enforcement appropriation (described above), (2) $355.3 million for FBI participation and
support of the National Counter Terrorism Center and other Intelligence Community activities,
and (3) $77.5 million for the Terrorist Explosives Device Analytical Center (TEDAC).
According to Senate report language, the committee’s bill would have provided $640.7 million
for the FBI Criminal Justice Information Services (CJIS) Division. Of this amount, $278.1
million would have been derived from direct appropriations for the FBI salaries and expenses
account, and $362.7 million would have been derived from offsetting (user) fees. While House
report language did not address overall CJIS funding, it did address the Next Generation
Identification (NGI) initiative underway at CJIS, under which the FBI has been working to
enhance “interoperability and real-time data sharing among interagency biometric identity
management systems.” It also urged the FBI to develop a “rap back” fee strategy that would
cover the costs associated with providing such services to both federal and non-federal users of
criminal history record information. Providing “rap back” information entails providing updated
“rap sheets,” or criminal history information, to certain authorities when an individual who was
the subject of an earlier criminal history record check is subsequently arrested.
Drug Enforcement Administration (DEA)
The Drug Enforcement Administration (DEA) is the only single-mission federal agency tasked
with enforcing the nation’s controlled substance laws in order to reduce the availability and abuse
of illicit drugs and the diversion of licit drugs for illicit purposes. DEA’s enforcement efforts
include the disruption and dismantling of drug trafficking and money laundering organizations
through drug interdiction and seizures of illicit revenues and assets derived from these
organizations. DEA continues to face evolving challenges in limiting the supply of illicit drugs as
well as reducing drug trafficking across the Southwest border with Mexico into the United States.
DEA plays a key role in the Administration’s Southwest Border Initiative to counter drug-related
border violence, focusing on the convergent threats of illegal drugs, drug-related violence, and
terrorism in the region. DEA also has an active role in the Administration’s Prescription Drug
Abuse Prevention Plan, targeting improper prescribing practices and promoting proper disposal of
unused prescription drugs.
The President’s FY2013 budget request for the DEA included $2.051 billion. As mentioned
above, the FY2013 request included a proposal to eliminate the National Drug Intelligence Center
(NDIC) and transfer its responsibilities to the DEA.63 The Senate Committee on Appropriations
recommended $2.051 billion for the DEA, equal to the Administration’s requested amount. The
House recommended $2.044 billion for the DEA, 0.3% less than both the Administration’s
request and the amount recommended by the Senate Committee on Appropriations. The
Consolidated and Further Continuing Appropriations Act provides $2.008 billion for the DEA.
63
On June 15, 2012, the NDIC closed.
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Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
The ATF enforces federal criminal law related to the manufacture, importation, and distribution of
alcohol, tobacco, firearms, and explosives. ATF works independently and through partnerships
with industry groups; international, state, and local governments; and other federal agencies to
investigate and reduce crime involving firearms and explosives, acts of arson, and illegal
trafficking of alcohol and tobacco products.64 From FY2001 through FY2011, Congress has
increased the direct appropriation for ATF, from $771.0 million to $1.113 billion, a 44.3%
increase. In addition, for FY2010/FY2011, Congress appropriated $37.5 million for ATF in an
FY2010/FY2011 Southwest border supplemental appropriation. If added to the FY2011
appropriation, it brings the total budget authority available to ATF for FY2011 to $1.150 billion.
Congress appropriated $1.152 billion for ATF for FY2012.
The Consolidated and Further Continuing Appropriations Act includes $1.129 billion for ATF.
The Administration request was $1.153 billion. Although the request reflected a net increase of
about $1.3 million (0.1%), it included no new budget enhancements for ATF. Instead, it
anticipated over $26.9 million in savings or other offsets in either contract reductions ($24.8
million) or information technology savings ($2.1 million). According to the ATF congressional
budget submission, the largest portion of the request ($876.5 million, or 76.0%) would have been
allocated to the firearms budget decision unit. The second largest portion ($253.7 million, or
22.0%) would have been allocated to the arson and explosives budget decision unit. The
remainder ($23.1 million, or 2.0%) would have been allocated to the alcohol and tobacco
diversion budget decision unit. By percentage, these proposed allocations were comparable to
those reported by ATF to correspond with the agency’s FY2012-enacted appropriation. Both the
Senate and House committee-approved bills would have provided the same amount as
requested.65
Also of significance, the Administration’s request included proposals to strip out futurity
language that was inserted into two ATF appropriations riders during the FY2012 appropriations
cycle, making those riders permanent law. The first rider prohibits ATF from consolidating or
centralizing within DOJ the records of firearms acquisitions or dispositions (or any portion
thereof) that federally licensed gun dealers are required by law to maintain. When gun dealers go
out of business, those records are forwarded to ATF. Hence, a second rider prohibits ATF from
electronically searching out-of-business records by name or any personal identification code. For
evidentiary purposes, out-of-business records are maintained on microform. For retrieval and
storage purposes, out-of-business records are maintained in a digital format so that those records
may be searched electronically by firearm serial number, but not by owner or other personal
identifiers. In addition, the Administration requested that the futurity language (during the current
64
For further information, see CRS Report R41206, The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF):
Budget and Operations for FY2011, by (name redacted).
65
During House floor consideration, however, Representative Colleen Hanabusa offered an amendment (H.Amdt.
1046) to reduce the ATF appropriation by $1.9 million and increase the NOAA appropriation by $1.6 million. In
addition, the House considered another amendment (H.Amdt. 1090) to reduce the ATF appropriation by $18,000.
Together, these amendments reduced the amount that would be appropriated for ATF to $1.151 billion. This amount is
$537,000 less than ATF’s FY2012 appropriation (< - 0.1%). It is also 0.2% less than the FY2013 request and Senatereported amount. The House approved both amendments by voice votes.
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fiscal year and in each fiscal year thereafter) be stripped out of a controversial ATF appropriations
rider known as the “Tiahrt amendment.”66
Neither the Senate-reported nor House-passed bills addressed these provisions and their futurity
language in the FY2012 appropriation. Hence, they remain permanent law for FY2013 and
afterwards. The House bill arguably went in another direction and included futurity language in
three additional long-standing prohibitions (riders) in the ATF salaries and expenses
appropriations language. These provisions prohibit ATF from:
•
altering the regulatory definition of “curios and relics,”
•
requiring federally licensed gun dealers to conduct physical inventories,” or
•
revoking a federal firearms license for lack of business activity.
The futurity language (in the current fiscal year and any fiscal year thereafter) in these provisions
was included in the enacted FY2013 appropriation.67
Moreover, both the Senate and House bills included a provision that would prohibit ATF from
issuing regulations that would prohibit the importation of certain types of shotguns (§538 and
§536). A similar provision was included in the FY2012 appropriations law. It too was included in
the enacted FY2013 appropriation. In addition, during House full committee markup,
Representative Rehberg successfully offered an amendment that would have prohibited ATF from
requiring multiple long gun sales reports. A similar Rehberg-sponsored amendment was included
in the FY2012 House bill, but it was not enacted. Nor was it included in the enacted FY2013
appropriation.
Since March 2011, much congressional attention has been focused on allegations that DOJ and
ATF officials mishandled a Phoenix, AZ-based gun trafficking investigation known as “Operation
Fast and Furious.” In December 2010, two suspect firearms linked to that investigation were
found at the murder scene of Border Patrol Agent Brian Terry. In January 2010, ATF
whistleblowers contacted Senator Charles Grassley with assertions that suspected gun traffickers
had not been arrested in a timely fashion and, and as a result, a large number of suspect firearms
had not been interdicted and have likely passed into the hands of drug traffickers and other
criminals. The whistleblowers referred to this investigative tactic as “gun walking.” According to
one source, 665 of these firearms have been recovered by law enforcement at crime scenes on
both sides of the border.68 Another 1,355 suspect firearms reportedly remain unaccounted for.
In reaction to Operation Fast and Furious, Congress included a provision (§219) in the DOJ
FY2012 appropriation that reflects a Senate-passed amendment (originally offered by Senator Jon
Cornyn) that prohibits the expenditure of any funding provided under that enacted appropriation
to be used by a federal law enforcement officer to facilitate the transfer of an operable firearm to
a person known to be or suspected of being connected to a drug cartel without that firearm being
66
For further information, see CRS Report RS22458, Gun Control: Statutory Disclosure Limitations on ATF Firearms
Trace Data and Multiple Handgun Sales Reports, by (name redacted).
67
In addition, in the FY2013 appropriation, futurity language was included in a provision (§514) that permanently
requires ATF to include specific language in any release of firearms trace data that explains why such data is not suited
for drawing broad conclusions about guns used in crime.
68
Pete Yost, “Fast and Furious-Like ‘Gun-Walking’ Probe Mentioned In 2007 Bush Administration Memo,”
Huffington Post, November 4, 2011.
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continuously monitored or controlled. In its FY2013 DOJ budget submission, the Administration
has proposed dropping the Cornyn language related to “gun walking,” arguing that the prohibition
is not necessary. Despite the Administration’s views on this language, both the Senate- and
House-reported bills included similar language (§217). It too is included in the enacted FY2013
appropriation (also §217).69
Among other fallout from Operation Fast and Furious last year, U.S. Attorney for the District of
Arizona Dennis K. Burke resigned70 and ATF Acting Director Kenneth Melson was reassigned to
the DOJ Office of Legal Policy.71 In Melson’s place, U.S. Attorney for the District of Minnesota
B. Todd Jones was appointed interim acting ATF Director,72 who is President Barack Obama’s
nominee for ATF Director.73 Earlier, on September 23, 2011, Representative Lamar Smith, Chair
of the House Committee on the Judiciary sent Attorney General Eric Holder a letter expressing
his continuing concerns about Operation Fast and Furious, as well as the appointment of an acting
ATF director who would be focused on both his duties as ATF acting director and U.S. Attorney
for the District of Minnesota. He cited a provision in the FY2010 Omnibus Appropriations Act
(P.L. 111-117) requires each U.S. Attorney to reside in the district in which he serves, and
questioned how Jones would be able to serve simultaneously in Minnesota as U.S. Attorney and
Washington as ATF acting director. In a similar vein, both the Senate and House committeeapproved bills included provisions that would prohibit any U.S. Attorney from holding multiple
jobs outside of the scope of a U.S. Attorney’s professional duty (§213). This provision was also
included in the enacted FY2013 appropriation (also §213).
The mass shooting in Newtown, CT, along with other mass shootings in Aurora, CO, and Tucson,
AZ, has restarted the national gun control debate. President Barack Obama has formulated and
published a national gun violence reduction plan, and ATF is likely to have a leading role in its
implementation. The President’s plan includes several legislative proposals that would (1) require
background checks for intrastate firearms transfers between unlicensed persons at gun shows and
nearly any other venue, otherwise known as the “universal background checks” proposal; (2)
increase penalties for gun trafficking; and (3) reinstate and strengthen an expired federal ban on
detachable ammunition magazines of over 10-round capacity and certain “military style” firearms
commonly described as “semiautomatic assault weapons,” which are designed to accept such
magazines. For coverage of related legislative action, see CRS Report R42987, Gun Control
Proposals in the 113th Congress: Universal Background Checks, Gun Trafficking, and Military
Style Firearms, by (name redacted).
69
Also, during House consideration, two amendments were passed that addressed Operation Fast and Furious.
Representative Trey Gowdy offered an amendment (H.Amdt. 1049) to reduce the DOJ General Administration account
by $1.0 million and apply it to the spending reduction account. Representative Gowdy expressed his dissatisfaction
with DOJ officials who had not complied with congressional requests for greater information about Operation Fast and
Furious. The Gowdy amendment passed by voice vote. Representatives Jason Chaffetz, Paul Gosar, and Blake
Farenthold offered an amendment (H.Amdt. 1068) to prohibit the expenditure of any funding provided under the bill in
contravention to a criminal provision related to fraud and false statements (18 U.S.C. § 1001(a)). This amendment was
passed on a recorded vote: 381-41 (Roll no. 226).
70
Jerry Markon and Sari Horwitz, “ATF Head Removed Amid Furor Over Guns,” Washington Post, August 31, 2011,
p. A01.
71
U.S. Department of Justice, Department of Justice Announces New Acting Director of ATF and Senior Advisor in
the Office of Legal Policy, press release, August 30, 2011.
72
Ibid.
73
White House, Now is the Time: The President’s Plan to Protect our Children and our Communities by Reducing Gun
Violence, January 16, 2013, http://www.wh.gov/now-is-the-time.
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Federal Prison System (Bureau of Prisons, BOP)
The Bureau of Prisons (BOP) was established in 1930 to house federal inmates, to professionalize
the prison service, and to ensure consistent and centralized administration of the federal prison
system.74 The mission of the BOP is to protect society by confining offenders in prisons and
community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and
that provide work and other self-improvement opportunities for inmates so that they can become
productive citizens after they are released.75 The BOP currently operates 118 correctional
facilities across the country.76 The BOP also contracts with Residential Re-entry Centers (RRC)
(i.e., halfway houses) to provide assistance to inmates nearing release.77 RRCs provide inmates
with a structured and supervised environment along with employment counseling, job placement
services, financial management assistance, and other programs and services.78
Congress funds the BOP’s operations through two accounts under the Federal Prison System
heading: Salaries and Expenses (S&E) and Buildings and Facilities (B&F). The S&E account
(i.e., the operating budget) provides for the custody and care of federal inmates and for the daily
maintenance and operations of correctional facilities, regional offices, and BOP’s central office in
Washington, DC. It also provides funding for the incarceration of federal inmates in state, local,
and private facilities. The B&F account (i.e., the capital budget) provides funding for the
construction of new facilities and the modernization, repair, and expansion of existing facilities.
In addition to appropriations for the S&E and B&F accounts, Congress usually places a cap on
the amount of revenue generated by the Federal Prison Industries (FPI)79 that can be used for
administrative expenses in the annual CJS appropriations bill. Although Congress does not
appropriate funding for the administrative expenses of FPI, the administrative expenses cap is
scored as enacted budget authority.
For FY2013, the Administration requested a total of $6.922 billion for the BOP, an amount that
was $278.1 million, or 4.2%, greater than the FY2012 appropriation of $6.644 billion. Within the
total requested for the BOP, $6.82 billion was for the S&E account, a proposed 4.1% increase
over the FY2012 appropriation of $6.551 billion. The Administration also requested $99.2 million
for the B&F account, a proposed 10.2% increase compared to the FY2012 appropriation of $90.0
million.
The Senate committee-reported amount for the BOP was $6.922 billion, an amount that was 4.2%
than the FY2012 appropriation and the same as the Administration’s request. The Senate
committee-reported amount included $6.820 billion for the S&E account (4.1% more than the
FY2012 appropriation and the same as the Administration’s request) and $99.2 million for the
B&F account (10.2% more than the FY2012 appropriation and the same as the Administration’s
request).
74
U.S. Department of Justice, Bureau of Prisons, About the Bureau of Prisons, http://www.bop.gov/about/index.jsp.
U.S. Department of Justice, Bureau of Prisons, Mission and Vision of the Bureau of Prisons, http://www.bop.gov/
about/mission.jsp.
76
U.S. Department of Justice, Bureau of Prisons, About the Bureau of Prisons, http://www.bop.gov/about/index.jsp.
77
U.S. Department of Justice, Bureau of Prisons, Community Corrections, http://www.bop.gov/locations/cc/index.jsp.
78
Ibid.
79
For more information on FPI, see CRS Report RL32380, Federal Prison Industries: Overview and Legislative
History, by (name redacted).
75
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The House recommended $6.913 billion for the BOP. This amount was 4.0% more than the
FY2012 appropriation, but it was 0.1% less than both the Administration’s request and the Senate
committee-reported amount. The House’s recommendation included $6.820 billion for the S&E
account (4.1% more than the FY2012 appropriation and the same as the Administration’s request)
and $90.0 million for the B&F account (the same as the FY2012 appropriation and 9.3% than
both the Administration’s request and the Senate committee-reported amount).
The BOP received a total of $6.77 billion under the Consolidated and Further Continuing
Appropriations Act, which included $6.679 billion for the S&E account and $88.1 million for the
B&F account.
One issue Congress might have considered is whether the BOP has adequate resources, both in
terms of personnel and infrastructure, to properly manage the burgeoning federal prison
population.80 Prison population growth and prison crowding continue to be a major concern for
the BOP. The number of inmates held in BOP facilities grew from 125,560 in FY2000 to 177,556
in FY2012.81 During that same time period, prison crowding grew from 32% over rated capacity
to 38% over rated capacity, even though the number of facilities operated by BOP increased from
97 to 118.82 The BOP estimates that by FY2013 the federal prison system will be operating at
43% over rated capacity.83 The growing federal prison population has not only resulted in more
crowded prisons, but it has also strained the BOP’s ability to properly manage and care for federal
inmates. The BOP reports that the staff-to-inmate ratio has increased from 3.57 to 1 in FY1997 to
4.94 to 1 in FY2011.84 As a point of comparison, in FY2009 the five states with the highest prison
populations had an average inmate-to-staff ratio of 3.1 to 1.85 The growing federal prison
population has also required the BOP to dedicate more resources to caring (e.g., providing health
care, food, and clothing) and providing programming (e.g., substance abuse treatment,
educational programming, and work/vocational opportunities) for inmates. In addition, the
Second Chance Act of 2007 (P.L. 110-199) required BOP to develop comprehensive reentry
planning for federal inmates.
Office on Violence Against Women (OVW)
The Office on Violence Against Women (OVW) was created to administer programs created
under the Violence Against Women Act (VAWA) of 1994 and subsequent legislation. These
programs provide financial and technical assistance to communities around the country to
facilitate the creation of programs, policies, and practices designed to improve criminal justice
responses related to domestic violence, dating violence, sexual assault, and stalking.
The President’s FY2013 budget request for OVW included $412.5 million (see Table 5). The
Senate Committee on Appropriations recommended $412.5 million for OVW, equal to the
80
For more information on the issues related to the growing federal prison population, see CRS Report R42937, The
Federal Prison Population Buildup: Overview, Policy Changes, Issues, and Options, by (name redacted)
81
Data provided to CRS from the U.S. Department of Justice, Bureau of Prisons.
82
Ibid.
83
U.S. Department of Justice, Bureau of Prisons, FY2013 Performance Budget, Congressional Submission, Salaries
and Expenses, p. 2, http://www.justice.gov/jmd/2013justification/pdf/fy13-bop-se-justification.pdf.
84
Ibid., p. 7.
85
Ibid., p. 6.
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Administration’s requested amount. The House recommended $420.0 million, 1.8% more than
the Administration’s request and the Senate committee-reported amount. The Consolidated and
Further Continuing Appropriations Act provides $407.9 million for OVW.
Table 5. Funding for OVW Programs (Pre-sequester)
(budget authority in millions of dollars)
Consolidated and Further
Continuing Appropriations
Act (Pre-sequester)
Program
FY2012
Enacted
FY2013
Request
Senate
CommitteeReported
HousePassed
Prerescissions
Postrescissionsa
$189.0
$189.0b
$189.0
$189.0
$189.0
$185.1
Research and Evaluation on
Violence Against Women
3.0
3.0
3.0
3.5
3.5
3.4
Transitional Housing Assistance
25.0
22.0
25.0
25.0
25.0
24.5
Grants to Encourage Arrest
Policies
50.0
50.0
50.0
50.0
50.0
49.0
Homicide Reduction
Initiative
4.0
—
4.0
—
4.0
3.9
Rural Domestic Violence
Assistance Grants
34.0
37.5
35.0
36.5
36.5
35.7
Violence on College Campuses
9.0
9.0
9.0
9.0
9.0
8.8
Civil Legal Assistance
41.0
41.0
39.0
41.0
41.0
40.2
Sexual Assault Victims Services
23.0
23.0
25.0
23.0
25.0
24.5
Elder Abuse Grant Program
4.3
4.3
4.3
4.3
4.3
4.2
Safe Havens Project
11.5
11.5
—
11.5
—
—
Educat
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