# Appropriations for FY2005: Commerce, Justice, State, the Judiciary, and Related Agencies > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/crs%3ARL32309 ## Record - **Collection:** Congressional research report - **Document type:** CRS Report - **Published:** January 12, 2005 - **Citation:** RL32309 ## Text 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 Congressional Research Service 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 Congressional Research Service 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 Congressional Research Service 1 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. Congressional Research Service 2 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 Congressional Research Service 3 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. Congressional Research Service 4 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. Congressional Research Service 5 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 Congressional Research Service 6 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. Congressional Research Service 7 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 Congressional Research Service 8 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. Congressional Research Service 9 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. Congressional Research Service 10 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. Congressional Research Service 11 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. Congressional Research Service 12 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 Congressional Research Service 13 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. Congressional Research Service 14 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. Congressional Research Service 15 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. Congressional Research Service 16 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 Congressional Research Service 17 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 18 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 Congressional Research Service 19 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 Congressional Research Service 20 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. Congressional Research Service 21 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 Congressional Research Service 22 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. Congressional Research Service 23 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 Congressional Research Service 24 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 Congressional Research Service 25 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 Congressional Research Service 26 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, [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3ARL32309. Public record. Not legal advice.