Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Congressional research reportJan 12, 2005
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Appropriations for FY2005: Commerce,
Justice, State, the Judiciary, and Related
Agencies
(name redacted)
Specialist in International Trade and Finance
(name redacted)
Specialist in Foreign Policy
January 12, 2005
Congressional Research Service
7-....
www.crs.gov
RL32309
CRS Report for Congress
Prepared for Members and Committees of Congress
Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Summary
This report monitors actions taken by the 108th Congress on FY2005 appropriations for the
Departments of Commerce, Justice, and State, the judiciary and related agencies (often referred to
as the CJS appropriations). The Administration requested $43.216 billion for CJS appropriations
in its FY2005 budget request sent to Congress on February 2, 2004. In the spring of 2004, the
House and Senate Appropriations Committees held hearings on these requests. The House
Appropriations Committee reported out its unnumbered bill on June 23, 2004, recommending a
total of $43.483 billion for CJS in FY2005 (H.Rept. 108-576). The House passed this bill, H.R.
4754, on July 8, 2004. On September 15, 2004, the Senate Appropriations Committee
recommended $43.467 billion in its bill (S. 2809, S.Rept. 108-344). The CJS Appropriation was
included into an omnibus Consolidated Appropriation Act (CAA) (H.R. 4818), and its Conference
Report was agreed to on November 20, 2004. The act, providing $43.681 billion to CJS, was
signed into law on December 8, 2004. These figures do not reflect a general $0.80% rescission
and a 0.54% rescission of CJS expenditures.
Department of Justice. The CAA provides $20.6 billion in budget authority for FY2005. The
Administration’s FY2005 request was $19.945 billion, approximately $145 million above the
FY2004 enacted level of $19.800 billion including rescissions. The House bill approved $20.786
billion and the Senate Appropriations Committee bill would have provided $20.217 billion.
Department of Commerce. The CAA provides $6.5 billion in budget authority for the
Department of Commerce. The Administration’s FY2005 request of $6.058 billion was about
$115 million more than the FY2004 enacted appropriation of $5.943 billion. The House bill
would have provided $5.8 billion, and the Senate Appropriations Committee recommended $6.9
billion.
The Judiciary. The CAA provides $5.5 billion in total spending for the Judiciary. The FY2005
request of $5.705 billion was about $573 million more than the FY2004 enacted appropriation of
$5.16 billion. The House would have provided $5.546 billion and the Senate Appropriations
Committee recommended $5.362 billion.
Department of State and International Broadcasting. The CAA provides $8.3 billion in total
spending for the Department of State. The FY2005 request was $9.121 billion, $.378 billion
above the FY2004 enacted level of $8.743 billion. The House approved a total of $9.031 billion,
and the Senate Appropriations Committee recommended $8.569 billion.
Congressional Research Service
Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Contents
Most Recent Developments.........................................................................................................1
Background Information .............................................................................................................1
Structure of the CJS Bill........................................................................................................1
Synopsis of FY2004 Appropriations ......................................................................................2
Departmental Funding Trends ...............................................................................................2
CJS Overall Funding Trends..................................................................................................3
Survey of High-Profile Issues......................................................................................................3
Department of Justice..................................................................................................................4
Background ..........................................................................................................................4
FY2005 Funding .............................................................................................................5
GPRA.............................................................................................................................6
Administration FY2005 Request ...........................................................................................6
FY2005 Funding Issues.........................................................................................................7
General Administration ...................................................................................................7
U.S. Parole Commission .................................................................................................8
Legal Activities ...............................................................................................................8
Interagency Law Enforcement....................................................................................... 10
Federal Bureau of Investigation..................................................................................... 10
Drug Enforcement Agency ............................................................................................ 11
Bureau of Alcohol, Tobacco, Firearms and Explosives................................................... 11
Federal Prison System................................................................................................... 12
Office of Justice Programs ............................................................................................ 12
Related Legislation ............................................................................................................. 18
Related CRS Products ......................................................................................................... 21
Commerce and Related Agencies .............................................................................................. 21
Departmental Management ................................................................................................. 23
International Trade Administration ...................................................................................... 23
Manufacturing and Services Unit (MSU)....................................................................... 23
Market Access and Compliance Unit (MAC)................................................................. 24
Import Administration Unit (IA).................................................................................... 24
Trade Promotion/U.S. Foreign Commercial Service (TP/FCS)....................................... 24
Office of the U.S. Trade Representative (USTR) ................................................................. 25
NIPLECC ........................................................................................................................... 25
U.S. International Trade Commission (ITC) ........................................................................ 26
Bureau of Industry and Security .......................................................................................... 26
Economic Development Administration .............................................................................. 27
Minority Business Development Agency............................................................................. 28
Economic and Statistical Analysis ....................................................................................... 28
Bureau of The Census ......................................................................................................... 29
National Telecommunications and Information Administration............................................ 30
U.S. Patent and Trademark Office ....................................................................................... 31
National Institute of Standards and Technology ................................................................... 32
National Oceanic and Atmospheric Administration.............................................................. 33
P.L. 108-477 ................................................................................................................. 33
Senate Appropriations Committee ................................................................................. 36
House Appropriations.................................................................................................... 37
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
The President’s FY2005 Budget Request....................................................................... 37
A NOAA Organic Act ................................................................................................... 38
Related Legislation ............................................................................................................. 39
Related CRS Products ......................................................................................................... 41
The Judiciary ............................................................................................................................ 43
Background ........................................................................................................................ 43
The Judiciary’s FY2005 Request ......................................................................................... 44
FY2005 Funding Issues....................................................................................................... 48
Supreme Court ............................................................................................................. 48
Courts of Appeals, District Courts, and Other Judicial Services ..................................... 50
Defender Services ......................................................................................................... 51
Court Security............................................................................................................... 54
Related Legislation ............................................................................................................. 56
Related CRS Products ......................................................................................................... 57
Department of State and International Broadcasting .................................................................. 58
Background ........................................................................................................................ 58
FY2005 Funding Issues....................................................................................................... 59
Administration of Foreign Affairs. ................................................................................ 59
International Organizations and Conferences ................................................................ 61
Contributions to International Organizations (CIO) ....................................................... 61
Contributions to International Peacekeeping (CIPA) ...................................................... 62
International Commissions ............................................................................................ 62
Related Appropriations ................................................................................................. 62
The Asia Foundation ..................................................................................................... 63
National Endowment for Democracy (NED) ................................................................. 63
East-West and North-South Centers............................................................................... 63
International Broadcasting............................................................................................. 64
Related Legislation ............................................................................................................. 65
Related CRS Products ......................................................................................................... 65
Independent Agencies ............................................................................................................... 66
Equal Employment Opportunity Commission (EEOC) ........................................................ 66
FY2005 Appropriations................................................................................................. 66
Agency Overview ......................................................................................................... 67
FY2004 Funding ........................................................................................................... 67
Federal Communications Commission (FCC)............................................................................ 68
Federal Trade Commission (FTC) ....................................................................................... 70
Legal Services Corporation (LSC)....................................................................................... 70
Securities and Exchange Commission (SEC)....................................................................... 72
Small Business Administration (SBA) ................................................................................. 72
State Justice Institute (SJI) .................................................................................................. 73
U.S. Commission on Civil Rights........................................................................................ 75
U.S. Commission on International Religious Freedom......................................................... 75
U.S. Institute of Peace......................................................................................................... 76
Related CRS Products ......................................................................................................... 76
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Tables
Table 1. Legislative Status of CJS Appropriations, FY2005 .........................................................1
Table 2. Funding for Departments of Commerce, Justice, and State, and the Judiciary ...............3
Table 3. Funding CJS Appropriations ..........................................................................................3
Table 4. Department of Justice Funding Accounts...................................................................... 17
Table 5. NOAA: FY2004 Appropriations, the President’s Budget Request, and
Congressional Recommendations For FY2005 ....................................................................... 35
Table 6. FY2005 Funding for the Department of Commerce and Related Agencies.................... 42
Table 7. FY2005 Funding for the Judiciary................................................................................ 55
Table 8. FY2005 Funding for the Department of State and International Broadcasting ............... 64
Table 9. FY2005 Funding for CJS Related Agencies.................................................................. 77
Table A-1. CJS Appropriations by Department, FY2005............................................................ 78
Appendixes
Appendix. ................................................................................................................................. 78
Contacts
Author Contact Information ...................................................................................................... 80
CRS Key Policy Staff................................................................................................................ 81
Congressional Research Service
Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Most Recent Developments
The 2005 appropriation for Commerce, Justice, State, the Judiciary, and Related Agencies, which
was incorporated into the Consolidated Appropriations Act of 2004 (P.L. 108-447), was signed
into law on December 8, 2004. The Conference Report (H. Rept 108-792) was approved by both
the Senate and the House on November 20, and it provides $43.681 billion in appropriations for
the CJS agencies. These figures do not reflect a general 0.80% rescission and a 0.54% rescission
of CJS expenditures.
The Administration submitted its FY2005 budget to Congress on February 2, 2004. It requested
$43.2 billion for CJS Appropriations including $20.1 billion for the Department of Justice; $6.1
billion for the Department of Commerce; and $9.1 billion for the Department of State. The House
and Senate Appropriations Committees have held hearings on the FY2005 budget requests.
The House CJS Subcommittee on Appropriations marked up its bill on June 15, 2004. The full
House Appropriations Committee by voice vote approved the unnumbered bill on June 23, and
reported it as H.R. 4754 (H.Rept. 108-576) on July 1. The House passed this bill on July 8, 2004.
The House bill provides a total of $43.5 billion including $20.8 billion for the Department of
Justice; $5.7 billion for the Department of Commerce; $5.5 billion for the Judiciary; and $9.0
billion for the Department of State.
The Senate Appropriations Committee marked up its bill (S. 2809, S.Rept. 108-344) and passed it
unanimously on September 15, 2004. The Senate Committee bill provides a total of $40.5 billion
including $20.4 billion for the Department of Justice; $6.9 billion for the Department of
Commerce; $5.4 billion for the Judiciary; and $8.5 billion for the Department of State.
Table 1. Legislative Status of CJS Appropriations, FY2005
Subcommittee
Markup
House
Senate
6-15-04
House
Report
House
Passage
Senate
Report
7-1-04
7-8-04
9-15-04
Senate
Passage
Conf.
Report
H.Rept.
108-792
Conf. Report
Approval
House
Senate
11-2004
11-2004
Public
Law
P.L.
108447
Background Information
Structure of the CJS Bill
Traditionally, the appropriations bill for the Departments of Commerce, Justice, State, the
Judiciary, and Related Agencies is known as the “CJS” bill. It typically uses five titles to fund
these departments and agencies:
Title I. Justice
Title II. Commerce and Related Agencies
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Title III. The Judiciary
Title IV. State and International Broadcasting
Title V. Independent Agencies
As needed, additional titles including general provisions or rescissions may be added to the CJS
bill during the legislative process. The related agencies in Title II are the U.S. Trade
Representative and the International Trade Commission. The Independent Agencies in Title V
include the Federal Communications Commission, Securities and Exchange Commission, and
Small Business Administration.
Synopsis of FY2004 Appropriations
The Administration’s CJS request for FY2004 totaled $41.22 billion. Congress packaged a
number of appropriations bills including CJS into an omnibus bill (H.R. 2673) in November
2003. A conference report, (H.Rept. 108-401), was produced just prior to the Thanksgiving
recess. The CJS portion of the bill (Division B) contains total appropriations of $41.0 billion, not
reflecting a 0.465% rescission in the general provisions of Division B. A further 0.59% acrossthe-board rescission was included in Division H-Miscellaneous Appropriations and OffsetsSection 168. The House agreed to the conference report on December 8th, while the Senate passed
the package on January 22, 2004. The President signed The Consolidated Appropriations Act into
law (P.L. 108-199) on January 23, 2004.
Departmental Funding Trends
The table below shows funding trends for the major agencies included in CJS appropriations over
the five-year period FY2000-FY2005, including supplemental appropriations. Over the five-year
period, funding increased for the Department of Justice by $2.217 billion (11.9%); for the
Department of Commerce by $1.5 billion (29%)1 for the Judiciary by $1.536 billion (39%); and
for the Department of State by $2.403 billion (41%).
The Justice Department’s budget rose steadily until FY2003, when it was reduced by nearly $4.7
billion below the FY2002 level due to the relocation of some activities to the Department of
Homeland Security. The Commerce Department budget has generally increased over the five-year
span, including a greater than $3.5 billion increase in FY2000, largely due to the cost of the 2000
decennial census. Its FY2001 level, however, was comparable to its pre-census level. The State
Department and Judiciary Branch had significant increases in its funding level every year from
FY1999 to FY2004, but then fell back for FY2005. The State Department’s increases reflect the
increase in costs associated with post-September 11th security expenditures. Of the four primary
departments within the CJS appropriations bill, the Department of State, despite the FY2005
reduction, has received the greatest increase of about $2.4 billion from FY2000 to FY2005,
including supplemental funds appropriated in FY2002, FY2003, and FY2004.
1
Comparison is with FY1999 ($5.1 billion); the one-time $3.5 billion increase for Commerce in FY2000 was due to
costs associated with the 2000 decennial census.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Table 2. Funding for Departments of Commerce, Justice, and State,
and the Judiciary
(in billions of current dollars)
Department or Agency
FY2000
FY2001
FY2002
FY2003
FY2004
FY2005
Justice
18.647
21.049
23.707
19.005
19.850
20.864
Commerce
8.649
5.153
5.739
5.704
5.943
6.598
Judiciary
3.959
4.255
4.740
5.430
5.157
5.495
State
5.880
6.601
7.362
7.645
8.837
8.283
Sources: Funding totals provided by Budget Offices of CJS and Judiciary agencies, and U.S. House of
Representatives, Committee on Appropriations. FY2005 figures do not include final rescissions.
CJS Overall Funding Trends
Appropriations for the CJS bill had risen steadily prior to FY2003. Selected departments funded
through the bill received significant increases in funding following the terrorist attacks of
September 2001. Overall funding for the bill decreased in FY2003, however, as some agencies
and functions were transferred to the new Department of Homeland Security. Since then, CJS has
crept back to near FY2002 levels.
Table 3. Funding CJS Appropriations
( budget authority in millions of dollars)
Nominal $s
FY1998
FY1999
FY2000
FY2001
FY2002
FY2003
FY2004
FY2005
32,086.0
33,693.3
39,601.0
39,786.7
44,058.4
40,497.8
41,041.5
43,681.5
Note: Nominal $ represent the actual amount of the appropriation in the year it was appropriated.
Survey of High-Profile Issues
Department of Justice
•
The merger and consolidation of the Local Law Enforcement Block Grants and
the Byrne Formula Grants, replacing those grant programs with a Justice
Assistance Grants program, a provision of H.R. 3036.
•
Language incorporating provisions of H.R. 4564 that would provide the FBI with
enhanced retention, recruitment, and retirement authorities in order to improve
their ability to attract and retain necessary staff.
•
In an effort to consolidate intelligence functions within the FBI, the creation of a
new Directorate of Intelligence.
•
Language in the ATF’s salaries and expenses account that would include several
limitations on the expenditure of ATF funding provided for FY2005.
Department of Commerce and Related Agencies
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
•
Appropriations measures that limit the use by the U.S. Patent and Trademark
Office of the full amount of fees collected in the current fiscal year.
•
The extent to which federal funds should be used to support industrial technology
development programs at the National Institute of Standards and Technology,
particularly the Advanced Technology Program and the Manufacturing Extension
Partnership.
•
Whether the importation of prescription drugs from foreign countries should be
expanded.
•
The ability of U.S. trade agencies and PTO to fight intellectual property
infringement abroad.
•
The efficacy of U.S. trade agency enforcement of U.S. trade remedy laws against
unfair foreign competition.
•
Whether Congress will consolidate all of NOAA’s budget authority under a
single Organic Act.
•
Whether funding is adequate to ensure that NOAA can maintain operation of its
environmental satellites and continue to provide meteorological data for the
National Weather Service.
The Judiciary
•
Whether, as the Judiciary contended, projected workload increases, along with
budget imposed cutbacks in court staffing during FY2004, required a more than
10% increase in funding for FY2005.
•
Whether a major increase was called for in the rate of pay to court-appointed
“panel attorneys” representing indigent defendants in federal criminal cases in
which prosecutors seek the death penalty.
Department of State and International Broadcasting
•
Creating a new embassy in Baghdad with regional offices throughout Iraq.
•
Visa issuance policies and the Homeland Security proposals.
•
Expanded public diplomacy activities focusing on Muslim/Arab populations.
•
Increased hiring of foreign, civil service, and security experts.
Department of Justice2
Background
Title I of the CJS bill typically covers appropriations for the Department of Justice (DOJ).
Established by an act of 1870 (28 U.S.C. 501) with the Attorney General at its head, DOJ
provides counsel for citizens and protects them through law enforcement. It represents the federal
2
This title is written by Cindy S. Hill, Analyst in Social Legislation, Domestic Social Policy Division.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
government in all proceedings, civil and criminal, before the Supreme Court. And 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 from terrorism and hostile intelligence
efforts; provides assistance to other federal, state and local law enforcement
agencies; and shares jurisdiction with Drug Enforcement Administration (DEA)
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 the Department of Justice by the Homeland Security Act of 2002 (P.L. 107296).
•
Federal Prison System 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 of Justice Programs (OJP) manages and coordinates the activities of the
Bureau of Justice Assistance, Bureau of Justice Statistics, National Institute of
Justice, Office of Juvenile Justice and Delinquency Prevention, Community
Oriented Policing Services (COPS), and the Office of Victims of Crime.
FY2005 Funding
Countering the threat of terrorism is the principal focus of the Department of Justice. To this end,
the Department is continuing its efforts to disrupt and dismantle terrorist networks wherever they
exist, prevent terrorist attacks before they occur, and bring to justice those persons who carry out
terrorist attacks against American interests at home and abroad. The Department of Justice is
working with the intelligence community, along with the Department of Homeland Security
(DHS), to establish new partnerships and reforge old ones in the areas of intelligence sharing and
interoperable systems. With the support of the Attorney General, the FBI Director continues to
reorganize by realigning and centralizing Bureau assets to more effectively counter terrorism and
foreign intelligence services, and provide greater internal security.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
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 enacted five major
omnibus crime control bills, designating new federal crimes, penalties, and additional law
enforcement assistance programs for state and local governments. Crime control is one of the few
areas of the federal budget where discretionary spending has increased over the past two decades.
GPRA
The Government Performance and Results Act (GPRA) required the Department of Justice, along
with other federal agencies, to prepare a five-year strategic plan, including a mission statement,
long-range goals, and program assessment measures. The Department’s Strategic Plan for
FY2003-2008 sets forth four goals:
•
prevent terrorism and promote national security;
•
enforce federal criminal laws and represent the rights and interests of the
American people;
•
prevent and reduce crime and violence by assisting state, local, and tribal efforts;
•
ensure the fair and efficient operation of the Federal justice system.
Administration FY2005 Request
For the Department of Justice (DOJ), the Consolidated Appropriations Act, 2005 (P.L. 108-447)
provides $20.6 billion in budget authority for FY2005. The Senate Appropriations Committee bill
(S. 2809) recommended nearly $20.4 billion in budget authority for FY2005. The House-passed
appropriations bill for FY2005 (H.R. 4754) recommended $20.9 billion in budget authority. The
Administration’s FY2005 request included $20.1 billion in funding, while Congress provided
nearly $19.6 billion in funding for FY2004 (including rescissions).
The Consolidated Appropriations Act provides funding increases for intelligence and
counterterrorism-related efforts within DOJ, which focus on the prevention, investigation, and
prosecution of terrorist acts. Funding also includes over $1 billion for the FBI’s
counterintelligence and national security programs; $100 million for State and local interoperable
communications systems; and $10.5 million for State and local intelligence sharing. In addition,
the act establishes an Office of Justice for Victims of Overseas Terrorism within DOJ.
The Consolidated Appropriations Act provides funding for a number of programs for which the
Administration requested no funding. Those programs include the Juvenile Justice Accountability
Block Grant, the State Criminal Alien Assistance Program, and the Byrne Discretionary Grants.
As part of a wider “performance-based” program realignment of the Office of Justice Programs
(OJP), the Administration’s request included a proposal to eliminate the Local Law Enforcement
Block Grants (LLEBGs) and the Byrne Formula Grants, replacing those grant programs with a
Justice Assistance Grant (JAG) program. The Administration’s request included $528 million for
the proposed JAG program, nearly $190 million less than the amounts appropriated for the
LLEBG and Byrne Formula Grant programs for FY2004. The Consolidated Appropriations Act
and the House-passed bill provided $634 million for this new grant program, $106 million more
than the Administration’s request. The Senate-reported bill, however, did not recommend a
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
consolidated grant program and recommended $210.9 million in funding for the LLEBG program
and $500 million in funding for the Byrne Formula Grants program. In FY2004, Congress funded
the LLEBG program at $222.6 million and the Byrne Formula Grants program at $494.7 million.
Among other things, the House-passed bill included $625.7 million for various Community
Oriented Policing Services (COPS) programs (including a $61 million rescission), including $113
million for a new COPS enhancement grants program which would create a flexible discretionary
program for hiring, training, police integrity training, equipment, overtime, school security,
information technology, and forensic technology. Under this program, a law enforcement agency
could apply for funding for multiple activities in one application. Both the Senate-reported bill
and the Consolidated Appropriations Act did not recommend the creation of this grant program.
It should be noted that, unless otherwise stated, all FY2004 amounts include a 0.59% government
wide rescission and a 0.465% discretionary account rescission. Additionally, for FY2004 there
were $364.7 million in rescissions for prior year unobligated balances. The Administration’s
FY2005 request proposed $108.5 million in rescissions of prior year balances. The House-passed
bill recommended $81 million in rescissions: $20 million in funding from the State and Local
Law Enforcement Assistance (SLLEA) account and $61 million in funding from the COPS
account. The Senate-reported bill recommended $172.1 million in rescissions: $44 million from
the Working Capital Fund; $30 million from the Asset Forfeiture Fund; and $98.1 million from
the Department of Justice (excluding rescinding funds from the OJP account or the COPS
account).
The Consolidated Appropriations Act includes $255.3 million in program rescissions: $60 million
from the Working Capital Fund; $61.8 million from the Asset Forfeiture Fund; $1.6 million from
Justice Assistance (excluding amounts available for the Missing Children’s Program and the
National White Collar Crime Center and Regional Information Sharing System); $29.4 million
from the SLLEA account (excluding amounts available for Tribal Courts and Indian Prison
Construction); $99 million from COPS; and $3.5 million from Juvenile Justice (excluding
amounts available for Tribal Youth and Alcohol Prevention). Additionally, the Consolidated
Appropriations Act includes a 0.80% across-the-board rescission and a 0.54% rescission to
Commerce, Justice, State discretionary accounts.
FY2005 Funding Issues
General Administration
For General Administration, the Consolidated Appropriations Act, 2005 (P.L. 108-447) provides
nearly $1.444 billion in funding for FY2005 (excluding rescissions). The Senate-reported bill (S.
2809) recommended $1.870 billion, including $410 million in funding for the Office on Violence
Against Women, which has been traditionally funded under the Office of Justice Programs (OJP)
account. The House-passed bill (H.R. 4754) recommended $1.445 billion for general
administration expenses in FY2005. The Administration’s FY2005 request for Justice programs in
this account included $1.519 billion, $309.7 million more than the $1.317 billion appropriated by
Congress for FY2004.
The Consolidated Appropriations Act includes a $60 million rescission to the Working Capital
Fund. The FY2004 appropriated amount included two rescissions: $67.3 million to the Working
Capital Fund and $40 million to the Counterterrorism Fund.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Besides the Detention Trustee, the General Administration account funds the Federal Detention
Trustee’s Office, the Attorney General’s office, senior departmental management, the Inspector
General’s office, efforts to integrate identification systems (e.g., IAFIS and IDENT), and
narrowband communications, among other things.
The Federal Detention Trustee’s Office provides overall management and oversight for federal
detention services relating to the detention of federal prisoners in non-federal institutions or
otherwise in the custody of the U.S. Marshal’s Service. The Detention Trustee Office has signed a
Memorandum of Understanding with the Department of Homeland Security (DHS) regarding
available detention space that could be used for DHS’s Immigration and Customs Enforcement.
For the Detention Trustee’s Office, the Consolidated Appropriations Act provides, and the Senatereported bill recommended, $886.0 million, a $80.5 million increase over the amount
appropriated by Congress for FY2004. The House-passed bill recommended $938.8 million for
FY2005, a $133 million increase over the amount appropriated by Congress for FY2004 and the
same as the Administration’s request.
The Office of the Inspector General (OIG) is responsible for investigating possible departmental
misconduct. OIG’s mission is to detect and deter waste, fraud, abuse, and misconduct involving
DOJ programs and personnel and to promote economy and efficiency in DOJ operations. The
Consolidated Appropriations Act includes $63.8 million for the OIG, the same amount
recommended by the House-passed bill and requested by the Administration. The Senate-reported
bill recommended $63.2 million for the OIG. Congress provided $60.2 million in funding for
FY2004.
The Consolidated Appropriations Act includes a $60 million rescission of the unobligated
balances available in the Working Capital Fund. The Senate-reported bill recommended a $44
million rescission to this account.
U.S. Parole Commission
The U.S. Parole Commission adjudicates parole requests by federal and District of Columbia
Code prisoners who are serving felony sentences. The authorization for the parole commission
was due to expire in November 2002, but the 21st Century Department of Justice Appropriations
Authorization Act (P.L. 107-273) provided for a temporary extension of the parole commission
for three years until November 1, 2005. For FY2005, the Consolidated Appropriations Act, 2005
(P.L. 108-447) and the Senate-reported bill (S. 2809) includes, $10.6 million for the parole
commission, a $140 thousand increase over the FY2004 appropriation. The House-passed bill
(H.R. 4754) and the Administration’s request included $10.65 million for the parole commission,
a $152 thousand increase over the Commission’s FY2004 appropriation of $10.5 million.
Legal Activities
The Legal Activities account includes several accounts: (1) general legal activities, (2) U.S.
Attorneys, (3) U.S. Marshals Service, and (4) other legal activities. For FY2005, the Consolidated
Appropriations Act, 2005 (P.L. 108-447) provides nearly $3.222 billion for legal activities, which
is $143 million more than what Congress enacted for these purposes for FY2004. The Senate
Appropriations Committee recommendation (S. 2809) provided $3.154 billion for legal activities.
The House-passed bill (H.R. 4754) recommended nearly $3.251 billion in funding. The
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Administration’s FY2005 request included nearly $3.318 billion for this account. Congress
enacted $3.078.5 billion in funding for legal activities in FY2004.
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, and antitrust).
For these purposes, the Consolidated Appropriations Act includes $634.2 million for FY2005.
The Senate-reported bill recommended $623 million in funding, while the House-passed bill
recommended $639.3 million for general legal activities. The Administration’s FY2005 request
included $657 million in funding. Congress provided $629 million in FY2004, which included
$15.0 million in supplemental appropriations provided by the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (P.L.
108-106).
The U.S. Attorneys and the U.S. Marshals Service are present in all of the 94 federal judicial
districts. The U.S. Attorneys prosecute criminal cases and represent the federal government in
civil actions. For the U.S. Attorneys Office, the Consolidated Appropriations Act includes nearly
$1.548 billion, the same amount as requested by the Administration. The Senate-reported bill
recommended $1.532 billion for FY2005. The House-passed bill recommended $1.535 billion in
funding. Congress provided $1.510 billion in FY2004 for U.S. Attorneys and an additional $14.8
million in supplemental appropriations for Operation Seahawk, an interagency seaport security
initiative. The Consolidated Appropriations Act, and the Senate-reported recommendation,
includes additional funding of $15 million for the continuation of Project Seahawk.
The U.S. Marshals are responsible for the protection of the Federal Judiciary, protection of
witnesses, execution of warrants and court orders, custody and transportation of unsentenced
federal prisoners, and fugitive apprehension. For FY2005, the Consolidated Appropriations Act
includes $757.7 million for the Marshals Service, $31.6 million more than what Congress enacted
for FY2004. The Senate-reported bill recommended $744.7 million in funding, while the Housepassed bill recommended $753.4 million for the Marshals Service for FY2005. The
Administration’s request included $743.4 million, while the Service’s FY2004 enacted budget
was $726.1 million.
For other legal activities. e.g., the Community Relations Service, the Independent Counsel, the
U.S. Trustee Fund (which is responsible for maintaining the integrity of the U.S. bankruptcy
system by, among other things, prosecuting criminal bankruptcy violations), and the Asset
Forfeiture program, the Consolidated Appropriations Act, 2005 provides $282.1 million in
funding. The Senate-reported bill recommended $254 million in funding; The House-passed bill
recommended $323 million. The Administration requested $405 million in funding for FY2005,
while Congress appropriated $213 million in funding for other legal activities for FY2004. A
large portion of the differences can be explained by the Administration’s request of $80.5 million
for legal activities office automation in this account. Traditionally funding for office automation
has been provide in the General Administration account ($26.7 million in FY2004). The Housepassed bill recommended, as the Administration requested, $72 million in discretionary funding
for the Radiation Exposure Compensation Trust Fund (RECA). The Consolidated Appropriations
Act includes $27.8 million for RECA. In addition, there was a $61.6 million rescission of
unobligated balances to the Asset Forfeiture Fund in FY2004. The Consolidated Appropriations
Act includes a $61.8 million rescission in the Asset Forfeiture Fund for FY2005. The Senatereported bill also recommended a $30 million rescission of the unobligated balances available in
the Asset Forfeiture Fund for FY2005.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Interagency Law Enforcement
The Interagency Law Enforcement account reimburses departmental agencies for their
participation in the Organized Crime Drug Enforcement Task Force (OCDETF) program.
Organized into nine regional task forces, this program combines the expertise of federal agencies
with the efforts of state and local law enforcement to disrupt and dismantle major narcotics
trafficking and money laundering organizations. From the Department of Justice, the federal
agencies that participate in OCDETF are the Drug Enforcement Administration; Federal Bureau
of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Marshals Service;
the Justice, Tax and Criminal Divisions; and the U.S. Attorneys. From the Department of
Homeland Security, the U.S. Bureau of Immigration and Customs Enforcement (ICE) and the
U.S. Coast Guard participate in OCDETF. Additionally, the Internal Revenue Service (IRS) and
Treasury Office of Enforcement also participate from the Department of Treasury. State and local
law enforcement agencies participate in approximately 87% of all OCDETF investigations.
For FY2005, the Consolidated Appropriations Act, 2005 (P.L. 108-447) and the House-passed bill
provides $561 million for OCDETF. The Senate Appropriations Committee recommendation
provided $295.4 million for this program. The FY2005 request included $580.6 million for
OCDETF. For FY2004, Congress provided $550.6 million in funding for OCDETF. The Senate
Appropriations Committee did not recommend funding for the non-Justice agencies. Additionally,
funding previously provided under this account for the FBI’s participation in OCDETF had been
transferred to the FBI to expand and enhance the FBI’s Joint Terrorism Task Forces (JTTF) in the
Senate-reported recommendation. The Consolidated Appropriations Act and the House-passed
recommendation did not fund proposed program increases for the IRS and reduced the current
services level for both the IRS and ICE. They also cited that the Department of Justice should not
fund the Departments of Homeland Security and Treasury participation in OCDETF.
Federal Bureau of Investigation
The Federal Bureau of Investigation (FBI), as the lead federal investigative agency, continues to
reorganize to focus more sharply on preventing terrorism and other criminal activities. For
FY2005, the Consolidated Appropriations Act, 2005 (P.L. 108-447) provides $5.215 billion in
funding for the FBI. The Senate Appropriations Committee bill (S. 2809) recommended nearly
$5.112 billion, while the House-passed bill (H.R. 4754) recommended $5.215 billion in funding
for FY2005. The Administration’s FY2005 request was for $5.115 billion, while Congress
enacted nearly $4.591 billion in funding for the FBI for FY2004.
In an effort to consolidate intelligence functions within the FBI, the House-passed bill directed
the FBI to create a new Directorate of Intelligence, led by the Executive Assistant Director for
Intelligence. The Consolidated Appropriations Act adopts the House-reported language and
provides $13.4 million and 151 new positions to support its new Office of Intelligence.
The House-passed bill included four provisions that incorporated H.R. 4564. These provisions
would provide the FBI with enhanced retention, recruitment, and retirement authorities in order to
improve their ability to attract and retain necessary staff. One provision provided the possibility
for retention and relocation bonuses to employees with high or unique qualifications who, in the
absence of a bonus, would likely leave the FBI. The provision also allowed for retention and
relocation bonuses for individuals transferred to a different geographic area with a higher cost of
living.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Another provision authorized pay to critical intelligence positions up to an Executive Schedule I
salary provided that the position is a high level position in a scientific, technical, professional, or
administrative field, and critical to the FBI’s mission. A third provision could allow the Director
in certain circumstances to delay the mandatory retirement age of 57 for FBI agents until the
agent reaches 65 years of age. A fourth provision authorized the establishment and training of a
FBI Reserve Service that would facilitate streamlined, temporary rehiring from a pre-certified
cadre of retired FBI employees who possess specialized skills required for crises or other
specialized circumstances. The Consolidated Appropriations Act adopts the House language for
these four provisions.
The Senate Appropriations Committee recommended bill language establishing a total program
cost cap at $600 million for the FBI’s technology modernization program, Trilogy. The
Consolidated Appropriations Act does not adopt this language but does recommend that the FBI
commission an independent study of Trilogy that evaluates the overall achievements of the
program.
Drug Enforcement Agency
The Drug Enforcement Administration (DEA) is the lead federal agency tasked with reducing the
illicit supply and abuse of dangerous narcotics and drugs. For the DEA, the Consolidated
Appropriations Act, 2005 (P.L. 108-447) provides $1.653 billion in funding for FY2005. The
Senate Appropriations Committee bill (S. 2809) recommended $1.645 billion, while the Housepassed bill (H.R. 4754) and the Administration’s request for FY2005 included nearly $1.662
billion in funding. For FY2004, Congress appropriated nearly $1.585 billion in funding for the
DEA.
Funding provides for the following increases: $53.1 million for inflationary and other costs to
maintain the current operating level; $15.0 million and 165 positions for priority targeting; $3.0
million for the Special Operations Division; $4.0 million for investigative technology support;
$1.2 million for computer forensics support; $1.0 million for aviation support; $8.5 million for
the Concorde project and web infrastructure; and $4.8 million for the El Paso Intelligence Center.
The FY2005 request assumed $25 million in savings due to crosscutting efficiencies, program
reductions, and other offsets. The Consolidated Appropriations Act assumes the implementation
of all of the Administration’s proposed offsets except a $3.1 million proposal to charge the
District of Columbia Metropolitan Police Department fees for forensic evidence analysis services.
The Consolidated Appropriations Act reduces funding for requested program increases in order to
offset this proposal.
Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces federal law related to
the manufacture, importation, and distribution of alcohol, tobacco, firearms, and explosives. For
FY2005, the Consolidated Appropriations Act, 2005 (P.L. 108-447) includes $890.4 million for
this account, the same amount recommended by the Senate Appropriations Committee bill (S.
2809). The House-passed bill (H.R. 4754) recommended $870.4 million in funding for the ATF,
while the Administration requested $868.9 million. The Bureau’s FY2004 enacted budget was
$827.3 million.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Among other things, the Consolidated Appropriations Act includes an increase of $10.2 million
for the creation and operation of four specialized explosives groups who will be responsible for
investigating the misuse and trafficking of explosives, increasing inspection efforts for high-risk
explosives licensees, and increasing forensic support to explosives crimes and acts of terrorism.
The House-passed bill recommended bill language to make funding available to investigate and
act upon applications filed by corporations for relief from federal firearms disabilities under
section 18 U.S.C. 925(c). The House-passed bill also included a new provision that prohibits
funding to deny an application for a license, or renewal of such a license, under 18 U.S.C. 923
due to a lack of business activity, provided that the applicant is otherwise eligible to receive such
a license and is eligible to report business income or to claim an income tax deduction for
business expenses under the Internal Revenue Code of 1986. The Consolidated Appropriations
Act includes this language.
Federal Prison System
The Federal Prison System maintains 116 penal institutions nationwide, and contracts with state,
local, and private concerns for additional detention space. The Administration projected that this
system will house an average daily population of 186,040 sentenced offenders in federal
institutions, and another 29,212 in contract facilities, in FY2005. The Consolidated
Appropriations Act, 2005 (P.L. 108-447) provides $4.820 billion in funding for the Federal Prison
System for FY2005, the same amount recommended by Senate Appropriations Committee bill (S.
2809). The House-passed bill (H.R. 4754) recommended $4.760 billion in funding for FY2005.
The Administration’s FY2005 request was $4.710 billion. For FY2004, Congress provided $4.811
billion for the Federal Prison System.
The Consolidated Appropriations Act, as proposed by the House and the Senate, provides $189
million for the construction, modernization, maintenance, and repair of facilities. In FY2004,
there was a $51.9 million rescission of unobligated balances to the Federal Prison System account
for building and facilities.
FY2005 supplemental funding contained in the Military Construction and Emergency Hurricane
Supplemental Appropriations Act, signed into law on October 13, 2004 (P.L. 108-324) provides
an additional $24.1 million in emergency hurricane-related funding for the Federal Prison System
in FY2005. The amount will fund expenses related to repairing and replacing roofs and fences,
building and perimeter fence repair and replacement, clean-up activities at numerous federal
prison facilities in Florida, Alabama, and Georgia that sustained damage in Hurricane Ivan and
related severe storms.
Office of Justice Programs
The Office of Justice Programs (OJP) manages and coordinates the National Institute of Justice,
Bureau of Justice Statistics, Office of Juvenile Justice and Delinquency Prevention, Office of
Victims of Crimes, Bureau of Justice Assistance, and related grant programs. For the Office of
Justice Programs and related offices, bureaus and programs, the Consolidated Appropriations Act,
2005 (P.L. 108-447) provides nearly $3.033 billion in funding. The Senate Appropriations
Committee bill (S. 2809) recommended $2.576 billion in funding for FY2005. The House-passed
bill (H.R. 4754) recommended $3.012 billion in funding, while the Administration’s request for
FY2005 was $2.126 billion. Congress appropriated $3.165 billion in funding for OJP for FY2004.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
The OJP budget has traditionally included the following accounts: (1) Justice Assistance, (2) State
and Local Law Enforcement Assistance, (3) Weed and Seed crime prevention efforts, (4)
Community Oriented Policing Services, (5) Violence Against Women Act programs, (6) Juvenile
Justice programs, and (6) Public Safety Officers Benefits.
Justice Assistance
The Justice Assistance account funds the operations of OJP bureaus and offices. Besides funding
OJP management and administration, this account also funds the National Institute of Justice, the
Bureau of Justice Statistics, cooperative efforts that address missing children, and regional
criminal intelligence. For FY2005, the Administration’s request was $1.657 billion for this
account (which included a proposed $53.5 million rescission of prior year balances), reflecting a
proposed “performance-based” realignment of the bulk of OJP grant programs in the Justice
Assistance account under the following program categories:
•
Counterterrorism Research and Development,
•
Improving the Criminal Justice System,
•
Research, Development, Evaluation and Statistics,
•
Technology for Crime Identification,
•
Strengthening the Juvenile Justice System,
•
Substance Abuse: Demand Reduction, and
•
Services for Victims of Crime.
The Consolidated Appropriations Act does not reflect the Administration’s proposed budget
realignment of OJP programs, providing nearly $228 million in funding for Justice Assistance.
The Senate Appropriations Committee recommended nearly $211 million in funding, while the
House-passed bill recommended $217 million for the Justice Assistance account, as compared to
the $188.1 million in funding Congress enacted for FY2004 for these purposes. The Consolidated
Appropriations Act includes a $1.6 million rescission from this account, excluding amounts
available for the Missing Children’s Program and the National White Collar Crime Center and
Regional Information Sharing System.
State and Local Law Enforcement Assistance
Under State and Local Law Enforcement Assistance, the Consolidated Appropriations Act
provides nearly $1.296 billion in funding for FY2005. The Senate Appropriations Committee
recommendation included $1.118 billion in funding, while the House-passed bill recommendation
included $1.255 billion (not including a proposed $20 million rescission to unobligated balances),
to state and local law enforcement. Congress appropriated $1.315 billion in funding for these
purposes for FY2004 (including a $21.6 million rescission of unobligated balances). For various
programs included in this account, the Administration’s FY2005 request included nearly $715
million in funding.
The Administration proposed consolidating the Byrne Formula and Local Law Enforcement
Block Grant (LLEBG) programs in a new Justice Assistance Grant program. The Administration
requested $509 million for this new program, a reduction in funding by about $393 million,
compared to amounts appropriated for these two programs in FY2004. The House-passed bill also
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
recommended the consolidation of the LLEBG program and the Byrne Formula program into the
Edward Byrne Memorial Justice Assistance Grants program. The House recommendation
included $634 million for this new program, $125 million above the requested amount. In
addition, the House-passed bill provided $110 million for the Byrne Discretionary Grant program,
which the Administration did not request any funding for FY2005. Like the House
recommendation, the Consolidated Appropriations Act includes $634 million for the newly
created Edward Byrne Memorial Justice Assistance Grant program. In addition, the Consolidated
Appropriations Act provides $170 million in funding for Byrne Discretionary grants. Congress
provided $157 million in funding for FY2004 for the Byrne Discretionary program.
The Senate Appropriations Committee recommendation did not include consolidating the LLEBG
and Byrne programs. The Senate-reported bill recommended $150 million to the LLEBG
program, $500 million to the Byrne Formula Grant program and $118 million to the Byrne
Discretionary Grant program.
Additionally, the Consolidated Appropriations Act provides $37 million to implement the Prison
Rape Elimination Act of 2003 (P.L. 108-79). The House-passed bill recommended $52 million in
funding for these purposes. The Administration did not request, nor did the Senate Appropriations
Committee recommend, funding for this program for FY2005. Congress provided $36.8 million
for prison rape programs for FY2004. The Consolidated Appropriations Act and the Housepassed bill also includes $10 million for the Harold Rogers Prescription Drug Monitoring
Program, which was a $3.1 million increase over what Congress provided in FY2004. The
Senate-reported bill recommended, and the Administration requested, no funding for this
program.
The Consolidated Appropriations Act included $10.5 million for the implementation of the
National Criminal Intelligence Sharing Plan and the efforts of the Global Justice Information
Sharing Initiative. The House-passed bill recommended $10 million in funding for these
purposes. The Administration requested nearly $10.7 million for these purposes. The Senatereported bill recommended $11 million in new funding for state and local antiterrorism training
programs.
The Consolidated Appropriations Act includes a $29.4 million rescission from unobligated
balances in this account. Amounts from Tribal Courts and Indian Prison Construction shall not be
included in this rescission. The House-passed bill included a proposed $20 million rescission to
unobligated balances of the State and Local Law Enforcement Assistance account.
Weed and Seed
The Weed and Seed program is designed to “weed out” crime in selected neighborhoods, and
“seed” them with coordinated prevention and human service programs. The Consolidated
Appropriations Act includes $62 million in funding for this program for FY2005, the same
amount recommended by the Senate. The House-passed bill recommended, and the
Administration requested, $51.2 million for this program. Congress, by comparison, provided
$57.9 million for Weed and Seed for FY2004. The Administration’s request proposed merging the
Weed and Seed program under the Justice Assistance account.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Community Oriented Policing Services
To enhance public safety, the Community Oriented Policing Services (COPS) program provides
grants to state, local, and tribal governments to expand community policing and cooperation
between law enforcement agencies and members of the community. The authority for the COPS
grant program lapsed at the end of FY2000. Congress, however, has continued to fund this
program. For COPS, the Consolidated Appropriations Act provides $606.4 million in funding to
COPS for FY2005 (not including rescissions). The Senate-reported bill recommended $756
million in funding for FY2005, while the House-passed bill recommended $687 million (not
including rescissions). Congress provided $748.3 million in funding for FY2004 (not including a
$6.4 million rescission). The Administration’s request for the COPS office was $43.6 million
(including a proposed $53.5 million rescission). If funding from the other COPS programs which
were requested under the Justice Assistance account were added together, the Administration’s
request for programs which traditionally fall under the COPS account would have totaled $435.7
million (including a proposed $53.5 million rescission).
The House-passed bill included $113 million for COPS enhancement grants which would have
created a flexible discretionary program for hiring, training, police integrity training, equipment,
overtime, school security, information technology, and forensic technology. Under this new
program, a law enforcement agency could apply for funding for multiple activities in one
application. The Consolidated Appropriations Act and Senate-reported bill did not recommend
funding for this new grant program. The Consolidated Appropriations Act did however include
$10 million for the hiring of law enforcement officers. The Senate Appropriations Committee
recommended $200 million in funding for hiring officers. For FY2004, Congress provided $118.7
million for these purposes.
The Consolidated Appropriations Act provides $110 million for the DNA Initiative program,
$28.5 million for crime identification technology, and $15 million for Paul Coverdell forensic
science grants. The Senate-reported bill recommended $100 million for DNA backlog grants, $35
million for crime identification technology, and $20 million for Paul Coverdell forensic science
grants. The House-passed bill and the Administration’s request provided $175.8 million for the
DNA Initiative. For FY2004, Congress enacted $98.9 million in funding for the DNA Initiative,
$24.0 million for the Crime Identification Technology Act, and $9.9 million for Coverdell
forensic science grants.
The Consolidated Appropriations Act includes $52.6 million for methamphetamine enforcement
and clean-up, of which $20 million would reimburse the DEA for assistance to State and local
law enforcement for proper removal and disposal of hazardous materials at clandestine
methamphetamine labs. The Senate Appropriations Committee recommendation included $55
million for state and local enforcement programs to combat methamphetamine production and
distribution, of which $10 million would reimburse the DEA. The House-passed bill
recommended $60 million for methamphetamine enforcement and clean-up, of which $20 million
would reimburse the DEA. The Administration did not request any funding for this program for
FY2005. Congress provided $53.5 million in funding for this program for FY2004.
The Consolidated Appropriations Act provides $138.6 million for the Law Enforcement
Technology Program. The Senate-reported bill recommended $111 million for this program,
while the House-passed bill recommended $130 million. The Administration did not request any
funding for COPS technology grants for FY2005, while Congress provided $157 million in
funding for these purposes for FY2004.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
The Consolidated Appropriations Act and Senate Appropriations Committee recommendation
includes $100 million to continue COPS Interoperable Communications Technology program.
The House Committee did not recommend funding for this program, while the Administration
requested $1.6 million for DOJ’s contribution to the Department of Homeland Security’s Project
SAFECOM. For FY2004, Congress provided $84.1 million for this program.
The Consolidated Appropriations Act includes a $99 million rescission from unobligated balances
in this account. The House-passed bill recommended a $61 million rescission to the COPS
account. The Administration requested a $53.5 million rescission of prior year balances.
Violence Against Women Act
Funding under the Violence Against Women Act (VAWA) provides resources to expand units of
law enforcement officers and prosecutors specifically targeted at crimes against women, to
develop and implement effective arrest and prosecution policies to prevent, identify and respond
to violent crimes against women, and to provide victim services. The Consolidated
Appropriations Act includes $387.3 million for VAWA programs. The Senate Appropriations
Committee recommended $410 million for VAWA programs under the General Administration
account. The House-passed bill recommended $383.6 million to support grants under the
Violence Against Women Act (VAWA), which was the same amount of funding Congress
provided for FY2004. The Administration requested $362.5 million for these programs for
FY2005.
Juvenile Justice Assistance
Under the Juvenile Justice Assistance programs, OJP provides assistance to improve juvenile
justice and corrections. Congress reauthorized these programs in the 21st Century Department of
Justice Appropriations Reauthorization Act (P.L. 107-273), including the making of
appropriations in “such sums as may be appropriate” for these programs for fiscal years 2003
through 2007. The Consolidated Appropriations Act includes $384.2 million for Juvenile Justice
programs (not including rescissions). The Senate-reported bill recommended $360 million for
FY2005, while the House-passed bill recommended $349 million in funding. The Administration
proposed funding juvenile justice programs under the Justice Assistance heading at $244.5
million. Congress provided $333.1 million in funding for juvenile justice programs in FY2004
(including a $15.9 million rescission).
Included in the Consolidated Appropriations Act is a $3.5 million rescission of unobligated
balances in the Juvenile Justice account. Amounts for Tribal Youth and Alcohol Prevention shall
not be rescinded.
Public Safety Officers Benefit Program
The Public Safety Officers Benefit (PSOB) program provides death benefits to survivors of
public safety officers who die in the line of duty, and disability benefits to those officers injured
and disabled in the line of duty. The Consolidated Appropriations Act includes $69.5 million in
funding for this program, the same amount recommended by the Senate-reported bill and the
House-passed bill. Of that amount, $63.1 million is for death benefits, as requested by the
Administration, and an additional $6.4 million is for disability and education benefits. Congress
appropriated $52 million for this program in FY2004.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Table 4. Department of Justice Funding Accounts
(millions of dollars in budget authority)a
FY2004
enacted
with
rescissionsa
FY2005
request
FY2005
House
passed
FY2005
Senate
reported
FY2005
enactedb
General Administration
$1,316.6
$1,669.0
$1,444.8
$1,869.8c
$1,443.6
U.S. Parole Commission
10.5
10.7
10.7
10.6
10.6
Legal Activities
3,078.5
3,317.7
3,250.9
3,154.4
3,221.6
General legal activities
629.0d
657.1
639.3
623.4
634.2
United States Attorneys
1,510.2
1,547.5
1,535.0
1,532.2e
1,547.5
United States Marshals Service
726.1
743.4
753.5
744.7
757.7
Other
213.2
369.7
323.2
254.2
282.1
Federal Bureau of Investigation
4,590.7
5,115.2
5,215.3
5,111.5
5,215.3
Salaries and expenses
4,033.8
4,563.9
5,205.0
3,973.7
4,188.0
Counterintelligence and
national security
484.9
495.0
(916.0)
1,017.0
1,017.0
Construction
11.1
(1.2)f
10.2
(16.4)
10.2
Foreign terrorist tracking
60.9
56.3
(56.3)
120.8
—
1,584.5
1,661.5
1,661.5
1,645.0
1,653.3
561.0
Accounts
Drug Enforcement
Administration
Interagency Law Enforcement
550.6
580.6
561.0
295.4g
Bureau of Alcohol, Tobacco, Firearms
and Explosives
827.3
868.9h
870.4
890.4
890.4
Federal Prison System
4,811.2
4,709.7
4,759.7
4,820.1
4,820.1
Office of Justice Programs
3,164.9
2,126.3
3,012.0
2,576.2
3,032.8
188.1
1,657.2i
217.0
210.9
227.9
State and local law enforcement
assistance
1,386.0j
—
1,255.0
1,117.9
1,295.5
Weed and seed program fund
57.9
—
51.2
62.0
62.0
Community oriented policing services
748.3
43.6k
686.7
756.0
606.4
Juvenile justice programs
349.0
—
349.0
360.0
384.2
387.3
Justice assistance
Office on Violence Against Women
383.6
362.5
383.6
(410.0)l
Public safety officers benefits program
52.0
63.1
69.5
69.5
69.5
Additional Funding
15.4m
15.5n
15.0o
Rescissions
-100.0p
(-108.4)
Subtotal
19,850.3
20,059.7
20,786.2
20,389.1
20,863.6
-81.0
-172.1
-255.3
$20,705.2
$20,217.0
$20,608.3
Additional Rescissions
Total: Department of Justice
-264.8
$19,585.5
$20,059.7
Source: Amounts were taken from H.R. 4818 (Congressional Record, November 20,2004, pp. H10109-10118).
Note: Amounts may not total due to rounding
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
a.
Amounts include a 0.59% government wide rescission and a 0.465% Department of Justice rescission.
b.
Amounts do not include a 0.80% across the board rescission and a 0.54% Commerce, Justice State
discretionary accounts rescission.
c.
This amount includes $410 million in funding for the Office on Violence Against Women, which has been
traditionally funded under the Office of Justice Programs account.
d.
Amount includes $2.0 million for the Radiation Exposure Compensation Act, $15 million in supplemental
resources for 9/11 Victims Compensation Fund, and $15 million in supplemental appropriations for Salaries
and Expenses provided by P.L. 108-106.
e.
The Senate-reported bill included funding for Interagency Drug and Law Enforcement within the U.S.
Attorneys account. Traditionally Interagency Law Enforcement is funded within it’s own account. This
amount does not include funding for Interagency Law Enforcement.
f.
The Administration’s request merges construction funds into the FBI’s salaries and expenses account.
g.
The Senate-reported bill included funding for Interagency Drug and Law Enforcement within the U.S.
Attorneys account. Traditionally Interagency Law Enforcement is funded within its own account.
h.
This includes a proposed $1.5 million rescission of prior year balances.
i.
The large increase in the FY2005 request, as compared to the FY2004 enacted budget, reflects the
proposed performance-based realignment of the major Office for Justice Programs (OJP) grant programs in
the Justice Assistance account. This amount also includes a proposed $53.5 million rescission of prior year
balances.
j.
This amount includes $49.7 million in additional funding for discretionary grants for reimbursement to state
and local law enforcement entities for security and related costs associated with the 2004 Presidential
Candidate Nominating Conventions and $2.2 million in miscellaneous grant appropriations (P.L. 108-199). In
addition, this amount includes $50 million in additional funding for discretionary grants for reimbursement
to state and local law enforcement entities for security and related costs associated with the 2004
Presidential Candidate Nominating Conventions (P.L. 108-287).
k.
This amount includes a proposed $53.5 million rescission of prior year balances.
l.
The Senate-reported bill includes the Office on Violence Against Women funding under the General
Administration account.
m. This amount includes $14.8 million for the United States Attorneys for Operation Seahawk (an interagency
seaport security initiative) and $544 thousand for the Local Law Enforcement Block Grant Program (for San
Juan, Puerto Rico).
n.
This amount includes $15 million for the United States Attorneys for Operation Seahawk (an interagency
seaport security initiative) and $544 thousand for the Local Law Enforcement Block Grant Program (for San
Juan, Puerto Rico).
o.
This amount includes $15 million for the United States Attorneys for Operation Seahawk (an interagency
seaport security initiative).
p.
This rescission is for Department of Justice funds from prior year appropriations with the exception of
funds provided for counterterrorism activities, counterintelligence activities, white collar enforcement,
organized crime enforcement, and drug enforcement.
Related Legislation
P.L. 108-182/S. 459 (Leahy)
The Hometown Heroes Survivor Benefits Act of 2003. Amends current law by providing that if
an officer has a fatal heart attack or stroke while on duty, his is presumed to have died in the line
of duty for purposes of survival benefits. Introduced on February 26, 2003. Passed/agreed to in
Senate without amendment by Unanimous Consent on May 16, 2003. Passed/agreed to in House
without objection on November 22,2003. Became Public Law 108-182 on December 15,2003.
Congressional Research Service
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
P.L. 108-275/H.R. 1731 (Carter)/S. 153 (Feinstein)
The Identity Theft Penalty Enhancement Act. Among other things, amends the Federal criminal
code to establish penalties for aggravated identity theft and authorizes appropriations to the
Department of Justice for the investigation and prosecution of identity theft and related credit
card and other fraud cases constituting felonies. Introduced on April 10, 2003. Reported
(Amended) by the House Committee on the Judiciary on June 8, 2004. Passed/agreed to in House
on motion to suspend the rules and pass the bill, as amended Agreed to by voice vote on June 23,
2004. Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent on
June 25, 2004. Became Public Law 108-275 on July 15, 2004.
P.L. 108-277/H.R. 218 (Cunningham)
Law Enforcement Officers Safety Act of 2003. Amends the Federal criminal code to authorize
qualified law enforcement officers carrying the photographic identification issued by their
governmental agency to carry a concealed firearm. Provides that such authorization shall not
supersede State laws that (1) permit private entities to prohibit the possession of concealed
firearms on their property; or (2) prohibit the possession of firearms on State or local government
property. Excludes from the definition of “firearm” any machine gun, firearm silencer, or
destructive device. Introduced on January 7, 2003. Reported by the House Committee on the
Judiciary on June 22, 2003. Passed/agreed to in House on motion to suspend the rules and pass
the bill, as amended agreed to by voice vote on June 23, 2003. Passed/agreed to in Senate without
amendment by Unanimous Consent and cleared for White House on July 7, 2004. Became P.L.
108-277 on July 22, 2004.
P.L. 108-372/H.R. 2714 (Smith)
The State Justice Institute Reauthorization Act of 2004. Among other things, reauthorized the
Bulletproof Vest Partnership grant program through FY2007. Introduced on July 14, 2003. Report
by the House Committee on the Judiciary on September 25, 2003. Passed/agreed to in House on
motion to suspend the rules and pass the bill, as amended Agreed to by voice vote on March 10,
2004. Senate Committee on the Judiciary discharged by Unanimous Consent and Passed/agreed
to in Senate with an amendment by Unanimous Consent on September 30, 2004. Became Public
Law 108-372 on October 25, 2004.
P.L. 108-405/S. 1700 (Hatch)/H.R. 3214 (Sensenbrenner)/H.R. 5107 (Sensenbrenner)
Advancing Justice Through DNA Technology Act/ Justice for All Act. Among other purposes,
these bills are aimed at eliminating the backlog of DNA samples collected from crime scenes and
convicted offenders, to improve and expand the DNA testing capacity of Federal, State, and local
crime laboratories, to increase research and development of new DNA testing technologies, to
develop new training programs regarding the collection and use of DNA evidence, to provide
post-conviction testing of DNA evidence to exonerate the innocent, to improve the performance
of counsel in State capital cases. S. 1700 introduced October 1, 2003, referred to the Committee
on the Judiciary October 1, 2003. Ordered to be reported (with an amendment in the nature of a
substitute) September 21, 2004; H.R. 3214 introduced October 1, 2003; Passed/agreed to in
House on motion to suspend the rules November 5, 2003; Received in the Senate November 6,
2003; H.R. 5107 reported by the House Judiciary Committee on September 30, 2004; the House
passed H.R. 5107 after adopting a manager’s amendment that made a number of changes to the
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
measure on October 6, 2004; The Senate passed H.R. 5107 without amendment by Unanimous
Consent on October 9, 2004. Became P.L. 108-405 on October 30, 2004.
P.L. 108-414/S. 1194 (DeWine)
The Mentally Ill Offender Treatment and Crime Reduction Act of 2003. Among other purposes,
this bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the
Attorney General to award grants to eligible State and local governments and Indian tribes and
organizations to plan and implement programs that promote public safety by ensuring access to
mental health and other treatment services for mentally ill adults or juveniles; and are overseen
cooperatively by a criminal justice agency, juvenile justice agency, or mental health court and a
mental health agency (collaboration programs). This bill requires such programs to target
nonviolent adults or juveniles who: have been diagnosed as having a mental illness or cooccurring mental illness and substance abuse disorders or who manifest obvious signs of such an
illness or disorder during arrest or confinement or before any court; and face criminal charges and
are deemed eligible on the ground that the commission of the offense is the product of the
person’s mental illness. Introduced on June 5, 2003. Committee on the Judiciary reported with an
amendment in the nature of a substitution on October 23, 2003. Passed Senate with amendment
on October 27, 2003. Forwarded to full House Committee on the Judiciary by voice vote on
September 23, 2004. House passed on October 6, 2004. Became Public Law 108-414 on October
30, 2004.
H.R. 3036 (Sensenbrenner)
Authorizes appropriations for the Department of Justice for fiscal years 2004 through 2006, and
for other purposes. Introduced on September 9, 2003. Reported to the House on February 24,
2004. Referred to the Senate Committee on the Judiciary on March 31, 2004.
H.R. 4547 (Sensenbrenner)
Defending America’s Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act
of 2004. Among other things, amends the Controlled Substance Act to strengthen penalties for
drug trafficking, especially to minors or near drug rehabilitation centers. Introduced on June 14,
2004. Forwarded to full House Committee on the Judiciary by voice vote on September 23, 2004.
H.R. 4564 (Wolf)
Amends Title 5, United States Code, to provide for reform relating to employment at the Federal
Bureau of Investigation. Among other things, provisions would provide the FBI with enhanced
retention, recruitment, and retirement authorities in order to improve their ability to attract and
retain necessary staff. Introduced on June 14, 2004. Referred to the House Committee on
Government Reform on June 14, 2004. Provisions of this bill have been included in P.L. 108-447.
S. 1735 (Hatch)
Gang Prevention and Effective Deterrence Act of 2003. Among other things, this bill is aimed to
increase and enhance law enforcement resources committed to investigation and prosecution of
violent gangs, to deter and punish gang crime, to reform and facilitate prosecution of juvenile
gang members who commit violent crimes, and to revise and enhance criminal penalties for
violent crime. Introduced/Originated in the Senate on October 15, 2003. Referred to the Senate
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Committee on the Judiciary and reported by Senator Hatch with an amendment in the nature of a
substitute. Placed on the Senate Calendar July 6, 2004.
S. 1860 (Hatch)
Office of National Drug Control Policy Reauthorization Act of 2003. Among other purposes, this
bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney
General to make grants to State and local prosecutors for drug treatment alternatives to prison
grants. Introduced and referred to the Senate Committee on the Judiciary on November 14, 2003.
S. 2863 (Hatch)
A bill to authorize appropriations for the Department of Justice for fiscal years 2005, 2006, and
2007, and for other purposes. Introduced and referred to the Senate Committee on the Judiciary
on September 29, 2004.
Related CRS Products
CRS Issue Brief IB10012, Gun Control Legislation in the 108th Congress, by William Krouse.
CRS Report RL32249, Gun Control Proposals to Regulate Gun Shows, by William Krouse.
CRS Report RL32095, The FBI: Past, Present, and Future, by (name redacted) and (name redac
ted).
CRS Report RL32336, FBI Intelligence Reform Since September 11, 2001: Issues and Options
for Congress, by (name redacted) and (name redacted).
CRS Report RL30871, Violence Against Women Act: History and Federal Funding, by (name redac
ted).
CRS Report RS21259, Violence Against Women Office: Background and Current Issues, by
(name redacted).
CRS Issue Brief IB10113, War On Drugs: Legislation in the 108th Congress and Related
Developments, by (name redacted).
CRS Report RL32366, Terrorist Identification, Screening, and Tracking Under Homeland
Security Presidential Directive 6, by (name redacted).
Commerce and Related Agencies3
Title II typically includes the appropriations for the Department of Commerce and related
agencies. The origins of the department date back to 1903 with the establishment of the
3
This title is coordinated by Kevin Kosar, Analyst in American National Government, Government and Finance
Division.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Department of Commerce and Labor (32 Stat. 825). The separate Department of Commerce was
established on March 4, 1913 (37 Stat. 7365; 15 U.S.C. 1501).
The department’s responsibilities are numerous and quite varied, but its activities center on five
basic missions: (1) promoting the development of American 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:
•
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.
•
Bureau of the Census collects, compiles, and publishes a broad range of
economic, demographic, and social data.
•
Economic and Statistical Analysis Programs provide (1) timely 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. Much of the analysis is conducted by the Bureau of
Economic Analysis (BEA).
•
International Trade Administration (ITA) seeks to develop the export potential of
U.S. firms and to improve the trade performance of U.S. industry.
•
Bureau of Industry and Security enforces U.S. export control laws consistent
with national security, foreign policy, and short-supply objectives (formerly the
Bureau of Export Administration).
•
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.
•
Patent and Trademark Office (PTO) examines and approves applications for
patents for claimed inventions and registration of trademarks.
•
Technology Administration, through the Office of Technology Policy, advocates
integrated policies that seek to maximize the impact of technology on economic
growth, conducts technology development and deployment programs, and
disseminates technological information.
•
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 based on new scientific discoveries.
•
National Telecommunications and Information Administration (NTIA) advises
the President on domestic and international communications policy, manages the
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
federal government’s use of the radio frequency spectrum, and performs research
in telecommunications sciences.
For FY2005 appropriations, the Administration requested roughly $5.96 billion for Title II,
including the Commerce Department and related agencies. The House bill (H.R. 4754) would
have appropriated $5.65 billion and the Senate bill (S. 2608) would have appropriated $6.80
billion. The final appropriation (P.L. 108-447, before rescissions) is $6.60 billion.
Departmental Management
The President’s FY2005 budget request called for $78.27 million for Departmental Management:
$56.02 million for salaries and expenses and $22.25 million for the Office of Inspector General
(IG). The $56.02 million for salaries and expenses would have been approximately $9.22 million
above the FY2004 appropriation, a 19.7% increase. The $22.25 million for the IG would have
been $1.36 million above the FY2004 appropriation, a 6.5% increase. The House bill (H.R. 4754)
would have approved $74.36 million for departmental management: $52.11 in salaries and
expenses and $22.25 million for the IG. The Senate bill (S. 2608) would have approved $96.62
million for departmental management: $55.55 million for salary and expenses, $21.07 million for
the IG, and $20.0 million for a travel and tourism advertisement program directed at foreign
consumers. The final appropriation (P.L. 108-447, before rescissions) is $79.77 million, with
$48.11 million for salaries and expenses, $21.66 million for the IG, and $10 million for a travel
and tourism advertisement program.
International Trade Administration4
The Consolidated Appropriations Act (CAA)(H.R. 4818, H. Rept 108-792) enacted $393.513
million in appropriations with $8 million to be derived from fees, thus raising the level of budget
authority to $401.513 million. Each version of the bill provided different amounts to the 4
functional units of the agency, although each allocated $26 million for central administration.
ITA’s FY2004 enacted level was $378.1 million with $13 million in fee collections, raising total
resources that year to $395.1 million.
ITA provides export promotion services, works to assure compliance with trade agreements,
administers trade remedies such as antidumping and countervailing duties, and provides
analytical support for ongoing trade negotiations. The agency is divided into four policy units and
an Executive and Administrative Directorate, with a total full time staff of 2,553. The
Consolidated Appropriations Act of 2004 (P.L. 108-199) mandated the reorganization of ITA.
These changes are discussed in context of the new organizational structure.
Manufacturing and Services Unit (MSU)
The MSU carries out certain industry analysis functions of the former Trade Development Unit
(TD), but it is also tasked with promoting the competitiveness and expansion of the U.S.
manufacturing sector under the President’s Manufacturing Initiative of March 2003. Congress
transferred the trade promotion activities of TD - the Advocacy Center, the Trade Information
4
The sections on ITA, USTR, NIPLECC, ITC, and BIS were written by (name redacted), Analyst in International
Trade and Finance, Foreign Affairs, Defense, and Trade Division.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Center, and Office of Export Assistance - to the new Trade Promotion Unit. The Administration
requested $47.5 million for the MSU in FY2005 and the House appropriated the same amount.
The Senate Appropriations Committee (SAC) recommended $49.5 million, which includes
funding for the National Textile Center ($ 10 million), the Textile/Clothing Technology
Corporation ($3 million) and the Kansas City Smart Port (0.5 million). The CAA enacted $48.5
million for the MSU and included the above earmarks. In FY2004, Congress enacted an
appropriation of $46.7 million.
Market Access and Compliance Unit (MAC)
The MAC monitors foreign country compliance with trade agreements, identifies compliance
problems and market access obstacles, and informs U.S. firms of foreign business practices and
opportunities. MAC retains the same core functions as before the reorganization. The
Administration requested $39.1 million for MAC in FY2005 and the House appropriated the
same amount. The SAC recommended $41.1 million and earmarked $2 million for the placing of
compliance officers in key overseas markets. The CAA enacted a figure of $40.1 million. In
FY2004, Congress enacted an appropriation of $38.2 million and directed the establishment of an
Office of Enforcement within the Unit.
Import Administration Unit (IA)
IA administers the trade remedy laws of the United States, including antidumping, countervailing
duty, and safeguard actions. The CAA enacted an appropriation of $64.5 million, of which no less
than $3 million is for the Office of China Compliance. The President requested $69 million for
the IA unit. The House appropriated $58 million, and earmarked $3 million for the Office of
China Compliance. The House Appropriations Committee report language noted the Committee’s
concern that antidumping and countervailing duty investigations decreased significantly between
2001-2003. The Senate Appropriations Committee recommended $71 million. Its report language
earmarks $2 million for continued placement of overseas enforcement officers, and to monitor
foreign commitments to WTO and other agreements on antidumping and subsidies. In FY2004,
Congress enacted an appropriation of $68.2 million in FY2004. It also directed the reorganization
of the Unit into separate anti-dumping and countervailing duty case processing divisions, and a
policy and negotiation division. Congress also provided $3 million for the establishment of an
Office of China Compliance to focus on trade remedy issues pertinent to small and medium sized
domestic industry.
Trade Promotion/U.S. Foreign Commercial Service (TP/FCS)
The Administration requested $211.9 million for this Unit, formerly known as the U.S. and
Foreign Commercial Service. The House appropriated $230.9 million (which includes the $8
million fee allocation), earmarking $1.5 million for the Advocacy Center, $2.5 million for the
Trade Information Center, and $2.1 million for the China and Middle East Business Center. The
Senate Committee report language recommended an appropriation of $213.9 million and directs
USFCS to support the Appalachian-Turkish trade project. The Conferees enacted $222.4 million
for this Unit and adopted the earmarks above. The Conference Agreement provides $0.5 million
to the Rural Export Initiative to be made available to the West Virginia High Technology
Consortium Foundation. In FY2004, Congress appropriated $217 million and directed the
reorganization of this entity, renaming it the Trade Promotion Unit (TPU). Congress transferred
the trade promotion functions of the former TD Unit (the Trade Information Center, the Advocacy
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Center, and the Office of Export Assistance) to the TPU. It directed the TPU to establish a Middle
East Business Information Center and a China Business Information Center. Congress also
directed the agency to create American Trading Centers in China to promote the importation of
U.S. goods and services into China.
Office of the U.S. Trade Representative (USTR)
USTR is the chief trade negotiator for the United States and is located in the Executive Office of
the President (EOP). It is responsible for developing and coordinating U.S. international trade and
direct investment policies. The President’s FY2005 request is $39.6 million, $2.6 million more
than the President’s FY2004 request of $37 million and $2.4 million less than the amount
appropriated by Congress in FY2004. The Conference enacted $41.552 million, the amount
recommended by the House and by the Senate Appropriations Committee. The USTR is
responsible for advancing U.S. interests at the WTO and negotiating bilateral and regional free
trade agreements (FTA). In the last year, the Administration has concluded FTA with the 5 nations
of the Central American Common Market, Australia, Morocco, and Bahrain. The Administration
is also conducting negotiations with the Southern African Customs Union, Panama, Colombia,
Peru, Ecuador, the Dominican Republic, Bahrain and Thailand. The Office had 225 FTEs in
FY2004.
The Conference adopted language of the House Appropriations Committee expressing concern
with the continuing U.S. trade deficit and urged the USTR to use all available trade remedies to
address the disruptions resulting from unbalanced trade, especially with China. It also adopted
House language directing USTR to advance the interests of U.S. business in international
standards negotiations and to push for the adoption of U.S. standards. The Conference adopted
Senate language directing the establishment of the Office of Chief Negotiator for Intellectual
Property Enforcement. It also incorporated Senate language directing USTR to continue to
negotiate within the WTO for the right to distribute monies collected from antidumping and
countervailing duties actions.
NIPLECC
The Consolidated Appropriations Act provided a direct appropriation of $2 million for the
National Intellectual Property Law Enforcement Coordinating Council (NIPLECC). This
interagency council, which was created by the Treasury Appropriations Act of 2000 (P.L. 106-58)
and funded by the participating agencies, previously had not received a direct appropriation. The
Senate bill originally provided $20 million for NIPLECC. Its function is to coordinate the
activities of government agencies with domestic and international intellectual property law
enforcement functions. It is comprised of the of Director of the Patent and Trademark Office, the
Assistant Attorney General, Criminal Division, the Under Secretary of State for Economic and
Business Affairs, the Assistant U.S. Trade Representative, the Commissioner of Customs, and the
Undersecretary of Commerce for International Trade.
The Conferees adopted Senate language directing the President to appoint a Coordinator of
International Intellectual Property Enforcement with the responsibility of establishing policies,
objectives, and priorities in IP enforcement, to develop a strategy for protecting U.S. intellectual
property overseas, and to coordinate and oversee implementation of these policies. The
Coordinator will develop an annual budget in conjunction with its participating agencies to carry
out its activities. This appropriation follows a recent GAO report which found that while some
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
U.S. efforts have encouraged strengthened intellectual property legislation overseas, enforcement
remains weak in many countries. GAO found that NIPLECC “has struggled to find a clear
mission, has undertaken few activities, and is generally viewed as having little impact.” (GAO
Report 04-912, Intellectual Property: U.S. Efforts Have Contributed to Strengthened Laws
Overseas, but Challenges Remain, September 23, 2004)
U.S. International Trade Commission (ITC)
ITC is an independent, quasi-judicial agency that advises the President and Congress on the
impact of U.S. foreign economic policies on U.S. industries and, along with the Import
Administration Unit of ITA, is charged with administering various U.S. trade remedy laws. Its six
commissioners are appointed by the President for nine-year terms. As a matter of policy, its
budget request is submitted to Congress by the President without revision.
For FY2005, ITC requests $61.7 million, a $4 million increase from the amount requested and
appropriated by Congress in FY2004 ($57.7 million). The House and the Senate Appropriation
Committee recommended this amount, and the Conference enacted the full $61.7 million. The
6.9% increase is intended to be used to fund a mandatory pay increase, to fund several
information technology projects to increase public access to trade information, to improve
electronic transaction capability, and to develop more accurate trade information for affected
constituents. In FY2004, ITC had 374 employees.
Bureau of Industry and Security
The FY2005 Consolidated Appropriation Act (H. Rept 108-792) enacted $68.4 million for the
Bureau of Industry and Security (BIS), including $61.2 million for operations and administration
and $7.2 for enforcement activities related to the Chemical Weapons Convention. This figure
represents a 1.3% increase from the final FY2004 enacted level of $67.5 million. The President’s
FY2005 request for the BIS (formerly the Bureau of Export Administration) was $76.5 million.
The House recommended $68.4 million; the Senate Appropriations Committee recommended
$70.9 million. 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 administers the anti-boycott statutes of the United States, and it is also
charged with monitoring the U.S. defense industrial base. The bureau had 447 full-time
employees in FY2004.
The President’s request highlighted 3 new programmatic initiatives which would have added 35
full-time employees (FTEs) and cost $8.1 million. BIS sought $2.3 million for a License
Condition Enforcement Program to insure that licensees adhere to the conditions placed on export
licenses. This proposal responded to criticism leveled at the agency by the General Accounting
Office (GAO) that the bureau lacked a system to monitor and to enforce license conditionalities.
(See GAO Report 04-357, Export Controls: Post-Shipment Verification Provides Limited
Assurance that Dual-Use Items Are Being Properly Used, January 2004).
BIS also sought to create an Office of Technology Evaluation to enable the Bureau to identify
new technologies for inclusion on the Commerce Control List (CCL), to review the inclusion of
current items on the CCL, and to review multilateral export control regimes and national control
regimes of other nations. BIS requested $2 million for this program. This Office was originally
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
proposed in FY2004 to respond to another GAO report that cited BIS for failing to conduct
regular foreign availability assessments and neglecting to analyze the cumulative effects of
certain technology transfers. (See GAO Report 02-620, Export Controls: Rapid Advances in
China’s Semiconductor Industry Underscore Need for Fundamental U.S. Policy Review, May 8,
2002). Congress did not appropriate funds for this proposal in 2004.
A third priority for BIS in its funding request was the provision of additional resources for export
enforcement to prevent the diversion of sensitive dual-use items to countries of concern and
terrorist entities. BIS sought an additional appropriation of $3.8 million for additional
enforcement personnel.
Neither the House nor the Senate Appropriations Committee included funding for these
proposals. The House adopted the recommendation of the House Appropriations Committee for
$68.4 million in total funding, of which $7.1 million is earmarked for compliance inspections
related to Chemical Weapons Convention enforcement. The House recommended $33.4 million
for export administration and licensing activities, $30.1 million for export enforcement including
end-user checks, and $4.9 million for management and policy coordination. The Senate
Appropriations Committee’s recommendation of $70.9 million included $32.9 million for export
administration, $34 million for export enforcement, and $4 million for management and policy
coordination. The Senate Committee version recommended $7.2 million “for inspections and
other activities related to national security.” The Conference report enacted the House funding
level of $68.393 million, but it enacted the Senate figure of $7.2 million for CWC enforcement,
thus the operations budget was reduced by $.073 million to $61.193 million.
Economic Development Administration5
For FY2005, the Administration requested a total appropriation of $320.3 million for the
Economic Development Administration. More specifically, it is requested $289.8 million for the
agency’s Economic Development Assistance Programs (EDAP) and $30.6 million for Salaries
and Expenses (S&E). The House approved the amounts for EDAP and S&E requested by the
Administration. The Senate Appropriations Committee recommended a slightly lower amount for
EDAP—$285 million—and $30.4 million for S&E, for a total appropriation of $315.5 million for
FY2005 (the same total amount the agency received for FY2004).
The Omnibus bill for FY2005 significantly reduces the agency’s appropriation for EDAP,
providing $257.4 million or $26.6 million less than EDA received for FY2004. Salaries and
Expenses remained virtually unchanged at $30.48 million, giving EDA a total FY2005
appropriation of $287.9 million. It is perhaps worth noting that for FY2001, FY2002 and
FY2003, Congress provided EDA with appropriations of $439 million, $365.6 million, and
$320.8 million, respectively.
For FY2004, the Administration had requested a total appropriation of $364.4 million. Of this
amount, $331 million was for EDAP, and $33.4 million was for S&E. The House approved a total
of $318.7 million for the Economic Development Administration, including $288.1 billion for
EDAP and $30.6 million for S&E. The Senate Appropriations Committee recommended a total of
$387.7 million for EDA, including $357.1 million for EDAP and $30.6 million for S&E. The
5
This section was written by Bruce Mulock, Specialist in Government and Business, Government and Finance
Division.
Congressional Research Service
27
Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
conference agreement provided EDA with a total appropriation of $315.3 million—$285 million
for EDAP and $30.2 million for S&E.
The agency’s authorization expired at the end of FY2003. Hearings on the Administration’s
proposal (H.R. 2454) for reauthorizing EDA were held in June 2003 by the House Subcommittee
on Economic Development, Public Buildings and Emergency Management (for more
information, see background testimony). On June 23, 2003, the House Transportation and
Infrastructure Committee adopted a modified version (H.R. 2535) of the Administration’s fiveyear reauthorization bill. The Senate Environment and Public Works Committee did not take up
the EDA reauthorization issue until late in the 2nd session of the 108th Congress. On October 7,
2004, S. 1134 under a suspension of the rules by a vote of 388 to 31. President Bush signed the
bill, the Economic Development Administration Reauthorization Act of 2004, into law (P.L. 108382) on October 15, 2004.
The legislation will allow the Secretary of Commerce to finance more than 80 percent of project
costs with federal funds. Additionally, the bill Gives EDA the authority to allow local
governments to keep surplus (or under-run) funds from projects completed under budget. Finally,
the bill allows EDA to use additional excess project funds to increase the federal government’s
share of the cost or to allow individual projects to be improved without the need for further
appropriations action by Congress.
Minority Business Development Agency6
For FY2005, the Administration requested $34.46 million for the Minority Business Development
Agency (MBDA), an increase of nearly $6 million over FY2004 funding. The House approved
$28.9 million. (The conference agreement for FY2004 appropriations provided the MBDA with
$28.56 million.) The Senate Appropriations Committee recommended $31.55 million for the
agency. The Omnibus bill provides the MBDA with $29.9 million for FY2005, an increase of a
little less than $1.5 million over FY2004.
Economic and Statistical Analysis7
The Commerce Department’s Economic and Statistical Analysis (ESA) programs are conducted
by the Bureau of Economic Analysis (BEA) and the Bureau of the Census. In FY2005, the
President requested $88.4 million for these programs, which is $14.2 million (17.9%) above the
FY2004 funding level. The Administration believes that the BEA’s timely and accurate statistical
reports are essential for providing reliable data to policymakers, industry, and consumers. The
BEA has received programmatic increases over the past three years to ensure that policymakers
have access to more accurate and timely economic data.
For FY2005, the House approved the Appropriations Committee recommendation of $78.211
million, $2 million of which is for a grant to the National Academy of Public Administration
(NAPA) to study the impacts of off-shoring on the economy. The Senate approved bill provided
6
This section was written by Bruce Mulock, Specialist in Government and Business, Government and Finance
Division.
7
This section was written by (name redacted), Specialist in Quantitative Economics, Government and Finance
Division.
Congressional Research Service
28
Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
$81.764 million. The conference agreement provides $80.000 million, and also includes funds for
the grant to the NAPA for the study on off-shoring.
Bureau of The Census8
To fund the Bureau of the Census in FY2005, President Bush requested a total of $828.6 million:
$220.4 million for salaries and expenses and $608.2 million for periodic programs, including the
decennial census. The total request exceeds the FY2004 enacted amount by $204.4 million. Much
of the increase is due to accelerated planning for the 2010 census. For 2010, the Bureau
anticipates a redesigned short-form census, to be answered by all U.S. households. Also, the
American Community Survey (ACS), which collects data annually from a sample of households,
is intended to replace the census long form.
The House Appropriations Committee recommended, and the full House approved, $773.9
million for the Bureau in FY2005. Of this amount, which is $54.7 million below the
Administration’s request, but $149.7 million above the amount provided in FY2004, $202.8
million is for salaries and expenses and $571.1 million for periodic programs. The periodic
programs account includes $173.8 million for a short-form 2010 census ($9.2 million below the
request, but $66.7 million over the current fiscal year amount) and $146 million for the American
Community Survey ($19 million below the request, but $81.2 million above the current amount).
Overall, the committee allocated $400 million for 2010 census expenses.
During House consideration of H.R. 4754, Representative Hefley proposed an amendment to
eliminate FY2005 funding for the redesigned short-form 2010 census. Mr. Hefley indicated that
$173.8 million was an excessive amount for this purpose and suggested that the Census Bureau,
in subsequent years, “come back to us with a little more reasonable effort about what it takes to
redesign a short form.” Among the Members speaking against the amendment was Representative
Wolf, who observed, “The White House statement on the bill states clearly that the funding
provided in this bill is the minimal amount viable for the 2010 census.” The amendment was
defeated by a vote of 71 to 342, Roll No. 331 (Congressional Record, daily edition, vol. 150, July
7, 2004, pp. H5279-H5280, H5318). Another amendment, offered by Representative Paul, sought
to prohibit the use of FY2005 funds for the American Community Survey. According to Mr. Paul,
“We have no right to give this authority to meddle into the privacy of American citizens.”
Representative Davis of Virginia countered that the ACS “is a new approach for collecting
accurate, timely information needed for critical government functions such as funding highway
planning, school lunch programs, and community block grants.” The Paul amendment was
rejected by voice vote (Ibid., pp. H5292-H5293).
The Senate Appropriations Committee’s recommended FY2005 funding amount of $605.8
million for the Bureau ($174.3 million for salaries and expenses, and $431.5 million for periodic
programs) is $168.1 million less than the House approved, $222.8 million short of the
Administration’s request, and $18.5 million below the FY2004 level. The committee
recommended $250.6 million for the 2010 census, $149.4 million less than the House approved.
The committee directed that not less than $82.3 million of the decennial census funding should be
for the Master Address File/Topologically Integrated Geographic Encoding and Referencing
System (MAF/TIGER). The Bureau relies on MAF/TIGER to produce address lists for, among
8
section was written by (name redacted), Government and Finance Division.
Congressional Research Service
29
Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
other uses, mailing census questionnaires. The committee also expressed particular concern that
the Bureau’s reports on manufacturing as well as economic and foreign trade statistics be
maintained and released in a timely way.
National Telecommunications and Information Administration9
For the FY2005 appropriations, congressional policymakers decided to terminate funding for
NTIA’s Technologies Opportunities Program (TOP). All current grants provided for this program
will be administered until their expiration at the end of the fiscal year. In FY2004, the TOP
received $15 million in appropriations. Regarding other components of the NTIA budget, for
Salaries and Expenses, Congress appropriated $17.4 million for FY2005; in FY2004 it was $14
million. For the Public Telecommunications Facilities, Planning and Construction, Congress
provided $21.7 million for FY2005; in FY2004 this was $22 million. The total budget for NTIA
in FY2005 is $39.1 million, compared to $51 million in FY2004.
The NTIA is the executive branch’s principal advisory office on domestic and international
telecommunications and information technology issues and policies. It has as its mandate to
provide greater access for all Americans to telecommunications services; to support U.S. attempts
to open foreign markets; to advise on international telecommunications negotiations; to fund
research grants for new technologies and their applications; and to assist non-profit organizations
converting to digital transmission in the 21st century. The NTIA also manages federal use of radio
frequency spectrum domestically and internationally.
NTIA’s overall budget has had three major components: Salaries and Expenses, the Technology
Opportunity Program (TOP), and the Public Telecommunications Facilities, Planning and
Construction (PTFPC) program. Salaries and Expenses largely relate to administrative functions,
maintaining domestic and international policy development, and spectrum management. Through
FY2004, the TOP was a competitive, merit-based matching grant program to develop information
and telecommunications infrastructure. The PTFPC program assists public broadcast stations and
other non-profit stakeholders in constructing facilities to bring educational and cultural programs
to the public, and is a competitive, merit-based grant program.
Even as congressional policymakers have decided that the TOP program receive no future
funding, other issues will likely be considered by the 109th Congress. Among the issues being
considered by policymakers is whether more of the policies and programs related to public
broadcast transmission, public television infrastructure construction and conversion of television
broadcasts from analog to digital technologies should be given to the Corporation for Public
Broadcasting. Some have also argued that NTIA’s role in spectrum management responsibilities
should be broadened and expanded to include greater coordination across the federal government
through an expanded budget and resources.
9
This section was written by Glenn McGloughlin, Specialist in Technology and Telecommunications Policy,
Resources, Science, and Industry Division.
Congressional Research Service
30
Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
U.S. Patent and Trademark Office10
The U.S. Patent and Trademark Office (USPTO) is funded by user fees paid by customers that are
designated as “offsetting collections” and subject to spending limits established by the
Appropriations Committee. For FY2005, the Omnibus Appropriations Act, provides the USPTO
with the budget authority to spend $1.555 billion (prior to a mandated 0.8% across the board
rescission and a 0.54% rescission from Commerce, Justice, State discretionary accounts). Of this
amount, $1.336 billion is to come from fees collected under current statutory authority. An
additional $219 million is to be generated under a new fee structure mandated in Title VIII of the
Omnibus Appropriations Act. This is a 27% increase over the budget authority provided in
FY2004.
In the Administration’s FY2005 budget request, the USPTO was given the budget authority to
spend $1.314 billion derived from fees generated during the fiscal year based on the current fee
structure. In addition, the Administration expected an additional $219 million to be raised through
a statutory change in fee rates (as proposed in H.R. 1561 which passed the House on March 3,
2004). According to the budget document, the USPTO would have a “program level” of $1.533
billion, the amount the Office anticipates collecting in fees during FY2005 under new fee
requirements.
H.R. 4754, the FY2005 Commerce, Justice, State appropriations bill passed by the House on July
8, 2004, provided the USPTO with the budget authority to spend $1.523 billion. According to the
House report to accompany the bill, $1.314 billion was to be from fees collected in FY2005 under
the existing statutory mandate. An additional $209 million in funds was to be derived from an
expected $219 million collected if a fee increase contained in authorizing legislation is enacted.
As reported to the Senate by the Committee on Appropriations, S. 2809 gave the Patent and
Trademark Office $1.545 billion in budget authority for FY2005. This figure included $1.336
billion in fees generated under the existing fee system and $209 million from the proposed fee
increase.
For FY2004, P.L. 108-199, the FY2004 Consolidated Appropriations Act, provided the USPTO
with $1.222 billion in budget authority to be derived from fees generated in the current fiscal
year. This amount was 3% above FY2003, but $81 million below the $1.303 billion anticipated to
be collected in fees during FY2004 (as determined without changes to the fee structure proposed
by the Administration but not enacted).
Since 1990, appropriation measures have limited the ability of the U.S. Patent and Trademark
Office to utilize the full amount of fees collected in each fiscal year. This is an area of
controversy. Opponents of this approach argue that agency operations are supported by payments
for services that must be financed in the year the expenses are incurred. Proponents of current
methods maintain that the fees are necessary to help balance the budget and the amount of fees
appropriated back to the USPTO are sufficient to cover operating costs.
10
This section was written by Wendy Schacht, Specialist in Science and Technology, Resources, Science, and Industry
Division.
Congressional Research Service
31
Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
National Institute of Standards and Technology11
For FY2005, the Omnibus Appropriations Act, provides the National Institute of Standards and
Technology (NIST) with $708.7 million (prior to a mandated 0.8% across the board rescission
and a 0.54% rescission from Commerce, Justice, State discretionary accounts). This amount is
16% above FY2004 funding. Internal research and development under the Scientific and
Technical Research and Services (STRS) account is to receive $383.9 million, almost 14% over
the previous fiscal year. The Manufacturing Extension Partnership (MEP) is funded at $109
million, an increase of 182% that will bring support for the program up to pre-FY2004 levels. The
Advanced Technology Program (ATP) is financed at $142.3 million (16.5% below FY2004) and
the construction budget is to receive $$73.5 million. The legislation also rescinds $3.9 million of
unobligated balances from prior year funds in the ATP account.
The Bush Administration’s FY2005 budget requested $521.7 million for NIST. This amount was
14.6% below the FY2004 appropriation due primarily to the absence of funding for the Advanced
Technology Program. The STRS account would be financed at $422.9 million, an increase of
25.4% over the previous fiscal year. Support for MEP would total $39.2 million (a small increase
over FY2004) and the construction budget would be $59.4 million.
H.R. 4754, the FY2005 Commerce, Justice, State appropriations bill passed by the House on July
8, 2004, provided NIST with $524.9 million, 14% less than FY2004 as a result of the lack of
financing for ATP. Funding for the intermural research programs under the STRS account would
increase 11.4% to $375.8 million. The $106 million for the Manufacturing Extension Program
would bring support up to pre-FY2004 levels before financing was reduced by 63%. There is no
funding for the Advanced Technology Program. The construction budget would be $43.1 million.
S. 2809, as reported to the Senate on September 15, 2004, would appropriate $784.9 million for
NIST, almost 29% above the FY2004 budget. Included in this figure is $383.9 million for the
STRS account, a 14% increase over the current fiscal year. The Manufacturing Extension
Partnership would receive $112 million (an increase of 189% from FY2004) to “fully fund”
existing centers and to provide additional assistance to small and rural States. ATP would be
financed at $203 million, 19% more than the current fiscal year. Construction activities would be
supported by $86 million in appropriations.
P.L. 108-199, the FY2004 Consolidated Appropriations Act (H.R. 2673), signed into law on
January 23, 2004 funds NIST at $610.7 million after a 0.59% across the board rescission included
in the act, almost 14% below the FY2003 appropriation. The STRS account is to receive $337.2
million (a 5.5% decrease from FY2003). Manufacturing extension is financed at $38.7 million, a
63% reduction from the previous fiscal year. ATP is funded at $170.5 million which is 4.5%
below FY2003. Support for construction totals $64.2 million.
Continued support for the Advanced Technology Program has been a major funding issue. ATP
provides “seed financing,” matched by private sector investment, to businesses or consortia
(including universities and government laboratories) for development of generic technologies that
have broad applications across industries. Opponents of the program cite it as a prime example of
“corporate welfare,” whereby the federal government invests in applied research activities that,
11
This section was written by Wendy Schacht, Specialist in Science and Technology, Resources, Science, and Industry
Division.
Congressional Research Service
32
Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
they emphasize, should be conducted by the private sector. Others defend ATP, arguing it assists
businesses (and small manufacturers) develop technologies that, while crucial to industrial
competitiveness, would not or could not be developed by the private sector alone. While
Congress has maintained support for the Advanced Technology Program, the initial appropriation
bills passed by the House since FY2002 failed to provide funding for ATP. While support again is
provided in the FY2005 appropriations legislation, it is 16.5% below the earlier fiscal year.
The budget for the Manufacturing Extension Partnership, another extramural program
administered by NIST, was an issue during the FY2004 appropriations deliberations. While in the
recent past, congressional support for MEP remained constant, the Administration’s FY2004
budget request, the initial House-passed bill, and the FY2004 Consolidated Appropriations Act
substantially decreased federal funding for this initiative reflecting the President’s
recommendation that manufacturing extension centers “...with more than six years experience
operate without federal contribution.” However, H.R. 4818 restores financing for MEP in FY2005
to the level that existed prior to the 63% reduction taken in FY2004.
National Oceanic and Atmospheric Administration12
On December 8, 2004, P.L. 108-477, Division B, Title II, the Commerce, Justice, State, the
Judiciary and Related Agencies (CJS) Appropriations Act, 2005, provided $3.94 billion for the
National Oceanic and Atmospheric Administration (NOAA). That amount is $567 million, or
16.9%, more than the President’s FY2005 request of $3.37 billion, and 6.5%, or $239 million
more than FY2004 appropriations for NOAA of $3.70 billion.
Table 1, below, shows: 1) FY2004 appropriations for NOAA (P.L. 108-199); 2) the President’s
request for the agency for FY2005; 3) the House-passed H.R. 4754; 4) Senate Appropriations
Committee recommendations for NOAA in S. 2809; and 5) appropriations for FY2005 (P.L. 108477). The table is organized by NOAA’s Operations, Research, and Facilities (ORF) account,
which funds NOAA’s six line offices, including the Office of Policy and Planning Integration
(OPPI), and Program Support; the Procurement, Acquisitions, and Construction (PAC) account;
and NOAA’s Other Accounts.
P.L. 108-477
Division B. Title II of P.L. 108-477, the Consolidated Appropriations Act, 2005, enacted
December 8, 2004, provided total appropriations of $3.94 billion for NOAA, funding its ORF,
PAC, and Other Accounts for FY2005. (See Table 1.) The act encouraged government
outsourcing of NOAA mapping and charting functions, and other marine services, such as
hydrographic data collection. It adopted Senate Appropriations Committee recommendations for
NOAA to use its marine fleet more cost effectively; to operate vessels that might otherwise be
idled in port for extended periods of time; and to consider the amount of ship-time needed to
implement the agency’s Ocean Exploration program. Funding for NOAA’s National Ocean
Service (NOS) would procure the necessary equipment to develop an Integrated Coastal Ocean
Observation System (ICOOS).
12
This section was prepared by Wayne A. Morrisey, Science and Technology Information Analyst, Resources, Science,
and Industry Division.
Congressional Research Service
33
Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
The act funded a NOAA seafood safety education program, and a research and development
program for possible forensic tools to detect and evaluate seafood pathogens. Funding was also
provided for scientific study and eradication of certain invasive marine species. The act
consolidated all Alaska seal and sea lion research programs under a single category under NOAA
Fisheries (NMFS), and directed NMFS to heed congressional guidance concerning species
protection and dolphin encirclement, with respect to regulating size of vessels. Funding was also
provided for maintenance, operation, and leasing of NOAA Fisheries labs, and for several NMFS
fishery conservation and marine species habitat restoration activities.
P.L. 108-477 funded most Climate Change Research activities at FY2004 levels, but called for
greater attention to be paid to impacts of abrupt climatic changes, regional climate changes, and
improved coastal weather forecasting, especially for coastal communities in rural Alaska. The act
encouraged NOAA’s undersea research program (NURP) participants to seek grants available
through the Ocean Exploration program, and it approved the establishment of a Pacific Services
Center to manage and distribute satellite and buoy data collected in Hawaii and the Western
Pacific Ocean. The act urged Members of Congress to consider and act on the September, 2004
Research Review Team report, which assessed the state of NOAA’s laboratory system. The act
directed the National Weather Service (NWS) to “take maximum advantage of capabilities and
services ... in the commercial sector,” and avoid duplicating programs and operations that distract
NWS from its core mission.
P.L. 108-447 sanctioned NOAA’s realignment of financial and administrative organization along
functional services, and consolidation of administrative costs under Corporate Services. On the
other hand, the act did not approve of the Senate Appropriations Committee’s method of reporting
NOAA’s budget in FY2005, corresponding with the agency’s 5-strategic goals. (Although the
conference report contained a budget crosswalk to the agency’s five strategic goals for NOAA’s
ORF and PAC accounts.) The act also consolidated funding and management of NOAA’s premier
educational programs under the Program Support budget line.
NOAA was directed to report (5-year) Acquisition Program Out-Year Budget Estimates, an Office
of Management and Budget (OMB) practice discontinued for most non-defense programs three
years ago. Accordingly, NOAA would report out-year cost estimates for PAC account programs
having a total multi-year costs of more than $5 million. The act also required a report that detailed
“line office personnel, agency overhead, and positions, number of full-time equivalents, and
salary-related expenses for each of NOAA’s line offices. (See H.Rept. 108-792, p. 134.)
P.L. 108-477 would fund several construction and land acquisition projects previously authorized
on a three-year basis under the Coastal and Estuarine Land Conservation Program (CELCP). The
act directed NOAA to assess the state of its aging laboratories, and marine and aircraft fleets. It
approved funding of $34 million to complete a third Fisheries Research Vessel (FRV#3),
authorized in FY2001; $5.6 million for long-lead procurement for FRV#4; and $9.3 million for a
new hydrographic research vessel. Further, it provided an increase of $2.1 million to NOAA Fleet
Maintenance and Planning to meet rising fuel costs associated with marine research vessels and
aircraft operations.
The act provided $90 million for the Pacific Coastal Salmon Recovery Fund (PCSRF) for
FY2005, $1 million more than FY2004 levels, and required NOAA to develop performance
measures for recovery outcomes. Finally, the act approved transfer of $3 million in fees collected
in the Coastal Zone Management Fund to ORF to support the Coastal Zone Management Act, and
provided $0.5 million for the NMFS Fishermen’s Contingency Fund.
Congressional Research Service
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Table 5. NOAA: FY2004 Appropriations, the President’s Budget Request, and
Congressional Recommendations For FY2005
($ millions)
FY2004
Enacteda
FY2005
Req.b
H.R. 4754c
S. 2809d
P.L. 108-477e
NOAA Ocean Service (NOS)
ORF
PAC
OMAO transferf
622.6
513.9
108.7
2.8
394.3
378.8
14.5
—
361.0
351.0
10.0
—
737.6
583.1
151.7
2.8
677.7
548.8
128.9
2.8
NOAA Fisheries (NMFS)
ORF
PAC
OMAO transfer
745.1
640.0
26.1
0.7
735.2
623.2
2.0—
530.7
525.7
5.0
—
733.5
712.3
20.5
0.7
705.7
674.2
31.5
0.7
NOAA Research (OAR)
ORF
PAC
OMAO transfer
422.5
400.8
21.7
0.1
360.7
350.2
10.5
—
324.5
318.5
6.0
—
479.4
460.8
18.5
0.1
418.8
409.3
9.5
0.1
National Weather Service (NWS)
ORF
PACg
OMAO transfer
833.6
729.7
103.9
0.5
836.8
749.2
87.6
—
783.7
698.7
85.0
—
806.8
723.4
83.40
.5
791.0
710.8
80.2
0.5
NOAA Satellites (NESDIS)
ORF
PAC
OMAO transfer
836.5
153.8
682.7
0.3
898.0
149.0
749.0
—
875.0
139.5
735.5
—
912.5
171.1
741.40
.3
920.3
178.3
742.0
0.3
2.0
2.0
—
4.0
2.5
Program Support (Total)
ORFhi
PAC
357.3
310.3
47.0
257.4
220.4
37.0
305.1
303.6
1.5
437.9
366.1
71.8
410.5
348.2
62.3
Corporate Services (CS)j
ORF
PAC
183.3
183.3
0.0
82.0
82.0
0.0
173.6
173.6
0.0
178.7
178.7
0.0
172.5
171.5
1.0
NOAA Education Programsk
—
—
—
19.5
14.5
Marine & Aviation Ops.
ORF Marine O&M
ORF Aviation Operations
PAC Fleet Replacement & Acq.
153.4
95.6
18.3
38.4
155.5
99.9
18.6
37.0
115.5
95.5
18.5
1.5
202.6
110.2
20.6
71.8
189.7
109.8
18.6
61.3
Facilities
ORF Mgmt, Maint., Const., & Enviro. Cleanup
PAC Maintenance Backlogl
18.6
10.0
8.6
19.8
19.8
—
16.0
16.0
—
37.2
37.2
—
33.8
33.8
—
ORF BA derived from deobligations/transfersm
(115.0)
(92.0)
(92.0)
(60.0)
(68.0)
ORF Appropriationn
2,643.3
2,380.9
2,245.0
2,965.3
2,807.1
PAC Appropriationop
979.7
898.5
840.0
1,087.3
1,053.4
Other Accounts
Pacific Coastal Salmon Recov. Fund Fisheries
Funds & Financing
78.1
89.1
(11.0)
94.1
100.0
(5.9)
73.0
80.0
(7.0)
89.1
99.0
(9.9)
79.5
90.0
(10.5)
$3,701.0
$3,373.5
$3,158.0
$4,141.7
$3,940.0
NOAA Line Office
Budget Accounts
Planning & Program Integration
Grand Total
NOAA Appropriationsq
Congressional Research Service
35
Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Source: Compiled by CRS from sources noted below. For more information about NOAA’s funding for
FY2004, see CRS Report RL31567, The National Oceanic and Atmospheric Administration (NOAA): The President’s
Budget Request and Congressional Appropriations for FY2003, by (name redacted) .
Note: Numbers may not add due to rounding.
a.
FY2004 enacted figures reported by the House Appropriations Subcommittee on Commerce, State, Justice,
Judiciary and Related Agencies, President’s Request, March 31, 2004.
b.
NOAA line office funding requested for FY2005 was reported in: FY2005 Budget Summary, National Oceanic
and Atmospheric Administration, February 2, 2004, found at NOAA’s website at http://www.noaa.gov, and are
subject to change.
c.
House Appropriations Committee’s tables for H.R. 4754 (H.Rept. 108-576), June 23, 2004.
d.
Senate Appropriations Committee’s tables for S. 2809 (S.Rept. 108-344), September 15, 2004.
e.
Funding tables for P.L. 108-477, the Consolidated Appropriations Act, 2005 appear in (H.Rept. 108-792).
f.
This funding is passed through to Program Support for use of OMAO Marine Services by NOAA’s five line
offices. It first appeared in the CJS conference report for FY2004 (H.Rept. 108-401), but is not separated
out in either the request or House appropriations.
g.
For FY2005, NWS facilities maintenance funding is consolidated under Facilities (ORF).
h.
Total for Program Support does not include $4.4 million passed through by line offices use of OMAO
Marine Services.
i.
Mandatory funding for NOAA Corps retirement ($17.8 million) is not included in discretionary total.
j.
Corporate Services includes appropriations for the Under Secretary for Commerce for Oceans and
Atmosphere and Associated Offices (USAO), and the division of Policy Formulation and Development
(PFD), which comprises most of NOAA administrative support operations.
k.
New budget subactivity line for FY2005, as recommended in S. 2809.
l.
All NOAA facilities maintenance funding consolidated in ORF Facilities account after FY2004
m. Includes total rescissions of $100 million and return of $15 million in deobligations to U.S. Treasury.
n.
ORF appropriations totals exclude other budget authority such as deobligations (previous fiscal year budget
savings), mandatory transfers within NOAA, fees collected for services, or funding provided by other
federal agencies. These amounts are subtracted in the previous line.
o.
For FY2005, S. 2809 combines ORF and PAC accounts into an Operations, Research, Facilities, and Systems
Acquisition account; those remain separate in this table to facilitate comparison with other entries.
p.
For FY2004 §212 of Title II provided an additional $6.1 million for one-time appropriations of specific
projects under PAC construction. That amount is not reflected in this total.
q.
For FY2004, the conference committee on H.R. 2673 recommended $990.1 million for NOAA PAC.
(Congressional Record, December 3, 2003: H12779). That amount was $10.4 million greater than that
reported in the FY2005 funding tables for the House and Senate Appropriations Committees. One plausible
explanation is that §215 of H.Rept. 108-401 called for a Commerce Department-wide rescission of $100
million. Although certain identified NOAA programs were exempt, others were not. That reduction of
budget authority was on top of a 0.67% across-the-board rescission for all agencies funded under CJS
Appropriations for FY2004, and likely accounts for differences reported in the conference committee’s PAC
totals for FY2004.
Senate Appropriations Committee
On September 15, 2004, the Senate Appropriations Committee reported S. 2809 (S.Rept. 108344), its version of CJS Appropriations for FY2005. The committee recommended funding of
$4.1 billion for NOAA. That amount is $441.0 million, or 12%, more than FY2004
appropriations of $3.7 billion; $768.3 million, or 23%, more than the President’s request for
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
FY2005 of $3.4 billion; and $983.3 million, or 31%, more than the House-passed appropriation
for NOAA (H.R. 4754) of $3.2 billion. In addition, the Senate committee noted that it
disapproved $700 million in program terminations for NOAA, as was proposed by the President
for FY2005, and a portion of which was targeted for cuts by the House (H.Rept. 108-576, p. 71).
The Senate Appropriations Committee recommended that NOAA implement some actions
recommended in the U.S. Ocean Policy Commission’s final report that was presented to Congress
and the Administration in September 2004. Accordingly, S. 2809 would have earmarked and
allocated $4.5 million to specific programs and projects throughout the agency. Budgets for some
extant programs (e.g., the Ocean Exploration and Ocean Health Initiatives), would have
increased. Excluding funding for the committee’s Ocean Commission Initiative, appropriations
recommended for NOAA would have been $3.69 billion, nearly the same as appropriated for
FY2004.
House Appropriations
On July 8, 2004, the House passed H.R. 4754, its version of CJS Appropriations for FY2005, and
approved $3.16 billion for NOAA (H.Rept. 108-576, June 14, 2004). Of that total, $2.25 billion
was appropriated for ORF, $840 million for PAC, and $80 million for the PCSRF. (See Table 1.)
House appropriations were $210 million, or 6.6%, less than the President’s request of $3.37
billion, and $540 million, or 17.1%, less than the $3.70 billion appropriated for NOAA in
FY2004.
The House Appropriations Committee reported that funding for a number of non-recurring
programs, many of which the President also planned to cut, would terminate in FY2005 (H.Rept.
108-576, p. 71), and cuts below FY2004 program levels would be sustained across the agency.
The NOAA line offices which stood to be affected the greatest were the National Ocean Service
(NOS) cut by 42%; NOAA Fisheries (NMFS) by 29%; NOAA Research (OAR) by 23%; and,
Program Support by 14%. ORF line offices least affected would include the National Weather
Service (NWS) and NOAA Satellite Programs (NESDIS), both funded at the requested levels.
Excluding satellite systems acquisitions funding, the PAC account would have been cut 14.3%
below the FY2004 appropriation, and many of NOS construction projects targeted for
termination. The House provided additional budget authority of $79 million derived by transfer
from the NOAA Promote and Develop American Fisheries (PDAF) Fund, $13 million from
FY2004 deobligations (budget savings) for ORF, and $3 million from FY2004 deobligations in
the PAC account.
The House appropriated $840 million for the NOAA PAC account, which was $59 million less
than the President’s request, and nearly $140 million less than FY2004 appropriations. For
NOAA’s Other Accounts, the House appropriated $80 million for the Pacific Coastal Salmon
Recovery Fund (PCRF), which was $20 million less than the FY2005 request. It did not approve
transferring $3 million to ORF from fees collected in the Coastal Zone Management Fund
(CZMF), and zeroed-out funding of $8.1 million requested for fisheries financing programs,
noting that current account balances were sufficient for FY2005 obligations.
The President’s FY2005 Budget Request
In February 2004, President Bush submitted his FY2005 budget to Congress, requesting a total of
$3.38 billion for NOAA. Congress enacted the Consolidated Appropriations Act, 2004 (P.L. 108-
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
199), in January 2004. Division B, Title II of that act, CJS Appropriations, 2004, provided NOAA
$3.70 billion. TheFY2005 request was $360 million, or 8.6%, less than the FY2004
appropriation.
Of the total amount requested for NOAA, $2.38 billion was for ORF; $898.5 million for PAC;
and $104.5 million for NOAA’s Other Accounts, including the PCSRF. (See Table 1.) Also, the
President requested that $3 million be transferred to ORF to be derived from the CZMF, and a
$79 million for ORF be transferred from the interagency PDAF. Other budget authority requested
included $13 million derived from FY2004 de-obligations (budget savings). The President
requested large cuts for NOAA, one of which included some $130.6 million in program
terminations, most of which were construction projects added by Congress in FY2004. Another
$64.4 million in program terminations was requested for NOAA Research. The President cut the
NOAA Corporate Services budget by $79 million. NOAA informed OMB that flat-rate
administrative overhead costs, formerly assessed for each NOAA line office, would henceforth be
based on the five line offices’ actual use of administrative services. Funding requested for the
NESDIS PAC account would be increased to $897.9 million for polar-orbiting and geostationary
satellite systems.
At a May 2004 hearing held by the House Appropriations Commerce, State Justice
Subcommittee, NOAA’s Administrator testified that the agency’s FY2005 budget request would
meet four major programmatic goals:
•
To understand climate variability and change to enhance society’s ability to plan
and respond;
•
To serve society by providing weather and water information;
•
To protect, restore, and manage the use of coastal and ocean resources through
ecosystem approaches to management; and
•
To support the Nation’s commerce with information pertaining to safe, efficient,
and environmentally sound transportation.
He alluded to NOAA’s new emphasis on ecosystem-based management of the Nation’s ocean and
coastal resources, which he stated responds to recommendations in the U.S. Ocean Policy
Commission (OPC) report presented to Congress and the Administration in September 2004. He
maintained that NOAA investments in the OPC recommendations would address environmental
and species concerns, prompted by proposed cuts in funding requeste.d for NOAA Fisheries for
FY2005.
A NOAA Organic Act
There was another item on the congressional agenda that may have future implications for the
NOAA budget. In response to preliminary findings of the OPC, the Pew Commission, and studies
initiated by NOAA, legislation was introduced in the 108th Congress to create an organic act for
the agency. A NOAA organic act would authorize appropriations for all agency operations and
programs under a single law. Currently, those are funded by several legal authorities. Various
constituencies of NOAA have called for establishment of an organic act since 1970, when
President Nixon’s Reorganization Plan No. 4 created NOAA in the Department of Commerce and
merged programs and budget authorities from many different federal agencies.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
On June 14, 2004, H.R. 4546, the National Oceanic and Atmospheric Act was introduced jointly
by Representative Ehlers of the House Committee on Science and Representative Gilchrest of the
House Committee on Resources. Title I of H.R. 4546 was under consideration as a possible
legislative vehicle for a NOAA-wide organic act inn the 108th Congress. Also, the Administration
drafted its own NOAA organic act, which Representative Ehlers introduced as H.R. 4607 on June
17, 2004. H.R. 4546 had specific recommendations for NOAA administration and organization;
retained NOAA within the Department of Commerce; and created a deputy director of NOAA to
implement the act. H.R. 4607, focused on four new broad mission areas for NOAA, but did
reorganize NOAA’s existing administrative structure. Both committees requested executive
comment on the measure, and the House Science Subcommittee on Environment, Technology,
and Standards held hearings on July 15, 2004. The Senate Commerce Subcommittee on Fisheries,
Ocean, and Wildlife held hearings on H.R. 4546, September 29, 2004. No further legislative
action occurred on either of these bills in the 108th Congress.
H.R. 4368, introduced by Representative Saxton on May 13, 2004, would have transferred NOAA
to the Department of the Interior; however, it would maintain the agency’s present internal line
office structure. The House Committee on Resources held hearings on H.R. 4368 on September
30, 2004. No further legislative action occurred in the 108th Congress.
Two other bills of a similar purpose to H.R. 4546 were introduced in the 108th Congress, each
having provisions for implementing specific recommendations of the OPC. Both would have
redefined the organization and mission of NOAA, but foremost establish it as lead agency and
coordinator for all federal ocean and coastal activities. S. 2647, introduced by Senator Hollings
on July 13, 2004, was referred to the Senate Committee on Commerce, Science, and
Transportation. As introduced, it would have given independent status to NOAA. However, on
September 22, 2004, S. 2647 was amended in the nature of a substitute bill, which retained
NOAA in the Department of Commerce, but provide greater budget autonomy. The committee
approved the measure by voice vote; however, there was no further legislative action.
On July 22, 2004, Representative Greenwood introduced H.R. 4900, which was referred jointly to
the House Committees on Science and Resources. The House Resources Committee requested
executive comment on the measure. H.R. 4900 was subsequently referred jointly to the House
Resources Subcommittee on Fisheries Conservation, Wildlife and Oceans on August 6, 2004, and
the House Science Subcommittee on Environment, Technology, and Standards on August 9, 2004.
No further legislative action was reported in the 108th Congress.
While many generally support an organic act for NOAA, others would argue that it might provide
too much independence from the Secretary of Commerce’s budget policy and decision making
authority. Similar legislation to these bills seems likely to be reintroduced in the 109th Congress.
For more information on the OPC and its recommendations, see CRS Issue Brief IB10132, Ocean
Commissions: Ocean Policy Review and Outlook.
Related Legislation
H.R. 959 (Saxton). National Oceanic and Atmospheric Administration Oceanography
Amendments Act of 2003. Amends federal law to establish as a permanent program (previously
conducted in FY1992 and FY1993) a Coastal Ocean Program to augment and integrate existing
research capabilities of the National Oceanic and Atmospheric Administration (Administration)
with other research capabilities. The bill was introduced on February 27, 2003, and referred to the
Congressional Research Service
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
House Committee on Resources. A hearing was held by the Subcommittee on Fisheries,
Conservation, Wildlife, and Oceans on March 27, 2003.
H.R. 1081 (Ehlers). Establishes marine and freshwater research, development, and
demonstration programs to support efforts to prevent, control, and eradicate invasive species, as
well as to educate citizens and stakeholders and restore ecosystems. Introduced March 5, 2003
and referred to the House Committees on Science, Transportation and Infrastructure, Resources,
and House Administration. Reported by House Science Committee (H.Rept. 108-324, Part 1) on
April 4, 2004, and placed on the Union Calendar, No. 263.
H.R. 2535 (LaTourette). Economic Development Administration Reauthorization Act of 2003.
This bill reauthorizes and seeks to improve the programs authorized by the Public Works and
Economic Development Act of 1965. H.R. 2535 was introduced on June 19, 2003, and referred to
the House Committees on Transportation and Infrastructure and Financial Services. The
Transportation and Infrastructure Committee approved the bill on June 25, 2003.
H.R. 1561 (L. Smith). United States Patent and Trademark Fee Modernization Act of 2003. This
bill would amend federal patent law to lower patent filing and basic national fees; increase excess
claims, disclaimer, appeal, extension, revival, and maintenance fees; and add new application
examination, patent search, and patent issuance fees. It would also prescribe fees under the
Trademark Act of 1946 for electronic and paper applications for trademark registration. H.R.
1561 was referred to the House Committee on The Judiciary on April 3, 2003. On May 22, 2003,
the Subcommittee on Courts, the Internet, and Intellectual Property approved the bill and
forwarded it to the full committee.
H.R. 1856 (Ehlers) . Reauthorizes the Harmful Algal Bloom and Hypoxia Research and Control
Act of 1998, and for other purposes. Introduced April 29, 2003, and referred to the House
Committees on Science, Resources, and Transportation and Infrastructure. Reported by House
Science Committee (H.Rept. 108-326, Part 1) on April 2, 2004, and placed on the Union
Calendar, No. 264.
H.R. 5117 (Schiff). Fortifying America’s Intellectual Property Rights (FAIR) Act. Creates the
position of Assistant U.S. Trade Representative for Intellectual Property within the Office of the
U.S. Trade Representative. Introduced September 21, 2004; referred to the Ways and Means
Committee.
S. 1218 (Hollings). Provides for Presidential support and coordination of interagency ocean
science programs and development and coordination of a comprehensive and integrated United
States research and monitoring program. Introduced Jun. 10, 2003, and referred to Senate
Committee on Commerce, Science, and Transportation, and House Committees on Science and
Energy and Commerce. Reported by Commerce Committee (S.Rept. 108-203) on April 8, 2004,
and referred to House Subcommittee on Environment, Technology, and Standards.
S. 1400 (Snowe). Develops a system that provides for ocean and coastal observations, to
implement a research and development program to enhance security at United States ports, to
implement a data and information system required by all components of an integrated ocean
observing system and related research, and for other purposes. Introduced July 14, 2003, and
referred to House Committees on Science, Armed Services, and Transportation and Infrastructure.
Reported by Senate Commerce Committee (S.Rept. 108-171) on January 5, 2004, Executive
comment was requested from the Department of Defense.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
S. 1401 (McCain). Reauthorizes the National Oceanic and Atmospheric Administration, and for
other purposes. Introduced July 14, 2003, and referred to the Senate Committee on Commerce,
Science, and Transportation. Reported by the Committee (S.Rept. 108-219) on December 9, 2003,
and placed on Senate Legislative Calendar under General Orders, No. 423.
S. 2280 (Stevens). Establishes a coordinated national ocean exploration program within the
National Oceanic and Atmospheric Administration. Introduced on April 5, 2004. Referred to
Senate Committee on Commerce, Science, and Transportation.
S. 2647 (Hollings). Makes the National Oceanic and Atmospheric Administration into an
independent agency of the department of Commerce. Introduced July 13, 2004 and ordered to be
reported by the Senate Commerce Committee on September 22, 2004.
Related CRS Products
CRS Issue Brief IB95100, Economic Development Administration: Background and Overview, by
Bruce Mulock.
CRS Report 95-36, The Advanced Technology Program, by (name redacted).
CRS Report RL31252, State and Local Sales and Use Taxes and Internet Commerce, by (name r
edacted).
CRS Report RL31293, E-Commerce Statistics: Explanation and Sources, by (name redacted).
CRS Report 97-104, Manufacturing Extension Partnership Program: An Overview, by (name red
acted).
CRS Report 95-30, The National Institute of Standards and Technology: An Appropriations
Overview, by (name redacted).
CRS Report RL32413, NOAA: A Review of the FY2004 Budget Request and Final
Appropriations, by (name redacted).
CRS Report RL31832, The Export Administration Act: Evolution, Provisions, and Debate, by (nam
e redacted).
CRS Report RS20906, U.S. Patent and Trademark Office Appropriations Process: A Brief
Explanation, by (name redacted).
CRS Report RS21469, The National Telecommunications and Information Administration
(NTIA): Budget, Programs, and Issues, by (name redacted).
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
Table 6. FY2005 Funding for the Department of Commerce and Related Agencies
($ millions in budget authority)
Bureau or Agency
FY2003
Enacted
FY2004
Enacted
FY2005
Admin.
Request
House
H.R.
4754
Senate
S. 2609
FY2005
Enacted
International Trade
Administration
$359.8
$378. 1
$393.5
$393.5
$393.5
$393.5
Bureau of Industry and Security
$66.3
$67.5
$76.5
$68.4
$70.9
$68.4
Economic Development
Administration
$318.7
$315.3
$320.3
$320.3
$315.5
$287.9
Minority Business Development
Agency
$28.7
$28.6
$34.5
$28.9
$31.6
$29.9
Economic and Statistical Analysis
$71.7
$74.2
$88.4
$78.2
$81.8
$80.0
Bureau of the Census
$550.9
$624.2
$828.6
$773.9
$605.8
$754.9
National Telecommunications and
Information Administration
$73.3
$51.1
$24.6
$17.8
$58.2
$39.2
($1,182.0)
($1,222.5)
($1,314.7)
($1,314.7)
($1,336.0)
($1,336.0)
Technology Administration
$9.8
$6.3
$8.3
$6.5
$6.4
$6.5
National Institute of Standards
and Technology
$707.5
$621.5
$521.5
$525.0
$784.9
$708.7
National Oceanic and
Atmospheric Administration
$3,235.7
$3,701.0
$3,373.5
$3,158.0
$4,141.8
$3,940.0
Departmental Management
$65.2
$67.7
$78.3
$74.4
$96.6
$79.8
$8.1
$208.7
$208.7
$208.8
$209.1
$5,704.0
$5,943.5
$5,956.7
$5,653.6
$6,795.8
$6,597.9
U.S. Trade Representative
$37.1
$41.6
$39.6
$41.6
$41.6
$41.6
International Trade Commission
$53.7
$57.7
$61.7
$61.7
$61.7
$61.7
$20.0
$2.0
Patent and Trademark Officea
Other
Department of Commerce Subtotal:
National Intellectual Property Law
Enforcement Coordination
Council
Related Agencies Subtotal:
$91.7
$101.3
$103.3
$123.3
$105.3
$6,058.0
$5,756.9
$6,919.1
$6,703.2
($100.0)
Rescission
Title II Total:
$99.3
$5,795.8
$5,942.8
Source: U.S. House of Representatives, Committee on Appropriations and P.L. 108-447.
a.
The Patent and Trademark Office (PTO) 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.
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Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies
The Judiciary13
Background
Typically, Title III of the CJS appropriation covers funding for the Judiciary. By statute (31
U.S.C. 1105 (b)), the judicial branch’s budget is accorded protection from presidential alteration.
Thus, when the President transmits a proposed federal budget to Congress, he must forward the
judicial branch’s proposed budget to Congress unchanged. That process has been in operation
since 1939. The total appropriation for the Judiciary in FY2005 was $5.50 billion.
The Judiciary budget consists of more than 10 separate accounts. Two of these accounts fund the
Supreme Court of the United States—one covering the Court’s salary and operational expenses
and the other covering expenditures for the care of its building and grounds. (By authority of the
act of May 7, 1934 (P.L. 73-211), the Architect of the Capitol is responsible for the structural and
mechanical care of the Supreme Court building, including care of its grounds. The Architect,
however, is not charged with responsibility for custodial care, which is under the jurisdiction of
the Marshal of the Supreme Court.)
Traditionally, in a practice dating back to the 1920s, one or more of the Court’s Justices appear
before either a House or Senate appropriations subcommittee to address the budget requirements
of the Supreme Court for the upcoming fiscal year, focusing primarily on the Court’s salary and
operational expenses. Frequently, if not always, in conjunction with the Justices’ testimony, the
Architect of the Capitol submits a request for the Court’s building and grounds account. Although
it is at the apex of the federal judicial system, the Supreme Court represents only a very small
share of the Judiciary’s overall funding. For FY2004, the total appropriations enacted for the
Supreme Court’s two accounts, $81.2 million, were less than 1.6% of the Judiciary’s overall
appropriation of $5.16 billion.
The rest of the Judiciary’s budget provides funding for the “lower” federal courts and for related
judicial services. Among the lower court accounts, one dwarfs all others—the Salaries and
Expenses account for the U.S. Courts of Appeals, District Courts and Other Judicial Services. The
account covers not only the salaries, benefits and operating expenses of circuit and district judges
(including judges of the territorial courts of the United States), but also those of retired justices
and judges, U.S. Court of Federal Claims, bankruptcy and magistrate judges, and all other
officers and employees of the federal Judiciary not specifically provided for by other accounts.
Other accounts for the lower courts include Defender Services (for compensation and
reimbursement of expenses of attorneys appointed to represent criminal defendants), Fees of
Jurors, the U.S. Court of International Trade, the Administrative Office of the U.S. Courts, the
Federal Judicial Center (which, through research and continuing education programs for judges
and judicial personnel, seeks to further improvements in judicial administration), and the U.S.
Sentencing Commission (an independent commission in the judicial branch, which establishes
sentencing policies and practices for the courts).
13
This title was written by D. Steven Rutkus, Specialist in American National Government, Government and Finance
Division.
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The annual Judiciary budget request for the courts is presented to the House and Sena
This text is long and has been trimmed here. Open the source document for the complete record.
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