# Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/crs%3AR42440 ## Record - **Collection:** Congressional research report - **Document type:** CRS Report - **Published:** April 24, 2013 - **Citation:** R42440 ## Text 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 7-.... 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 Congressional Research Service 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. Congressional Research Service 1 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. Congressional Research Service 2 Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations 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). Congressional Research Service 3 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 Congressional Research Service 4 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. Congressional Research Service 5 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. Congressional Research Service 6 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. Congressional Research Service 7 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 8 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 9 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 12 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 Congressional Research Service 16 Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations 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 Congressional Research Service 17 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. Congressional Research Service 18 Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations 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. Congressional Research Service 19 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 Congressional Research Service 20 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...) Congressional Research Service 21 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 22 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 Congressional Research Service 23 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). Congressional Research Service 24 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 Congressional Research Service HousePassed 25 Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations 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. Congressional Research Service 26 Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations 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. Congressional Research Service 27 Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations 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 Congressional Research Service 28 Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations 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 Congressional Research Service 29 Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations 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. Congressional Research Service 30 Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations 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. Congressional Research Service 31 Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations 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 req [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AR42440. Public record. Not legal advice.