Commerce, Justice, Science and Related Agencies: FY2009 Appropriations

Congressional research reportMay 11, 2009

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Prepared for Members and Committees of Congress

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This report provides an overview of actions taken by Congress to provide FY2009 appropriations

for Commerce, Justice, Science, and Related Agencies (CJS). On March 11, 2009, President

Obama signed into law the Omnibus Appropriations Act, 2009 (P.L. 111-8). In the Omnibus,

Congress appropriated $60.538 billion for CJS agencies. This amount was $4.578 billion more

than the FY2008 enacted level (an 8.2% increase) and $3.488 billion more than the amended

FY2009 request (a 6.1% increase). The Omnibus included $9.268 billion for the Department of

Commerce, $26.120 billion for the Department of Justice, $24.278 billion for science agencies,

and $872 million for related agencies.

On February 17, 2009, President Obama signed into law the American Recovery and

Reinvestment Act of 2009 (ARRA; P.L. 111-5). In the ARRA, Congress appropriated $15.922

billion for CJS agencies. Among other amounts, the act provided $1.000 billion for the Census

Bureau, $5.350 billion for the National Telecommunications and Information Administration,

$580 million for the National Institute of Standards and Technology, $830 million for the

National Oceanic and Atmospheric Agency, $4.002 billion for state and local law enforcement

assistance, $1.002 billion for the National Aeronautics and Space Administration (NASA), and

$3.004 billion for the National Science Foundation (NSF).

On September 30, 2008, then-President Bush signed a continuing resolution (CR) (P.L. 110-329)

that funded most CJS agencies at their FY2008 levels through March 6, 2009. Under this act,

several CJS agencies were funded at rates above their FY2008 levels. For example, the Census

Bureau was funded at a rate that would have equaled a full-year FY2009 appropriation of $3.109

billion—more than double the amount provided for FY2008. This act also included FY2008

supplemental funding for several CJS accounts. On March 6, 2009, President Obama extended

this CR through March 11, 2009, signing another resolution into law (P.L. 111-6; H.J.Res. 38).

On June 20, 2008, then-President Bush signed into law the Supplemental Appropriations Act,

2008 (P.L. 110-252; H.R. 2642). In this act, Congress appropriated $210.0 million for the Census

Bureau, $449.0 million for Justice, and $62.5 million for NASA, and $62.5 million for the NSF.

While the House and Senate Appropriations Committee reported FY2009 CJS appropriations bills

(H.R. 7322 and S. 3182), the 110th Congress did not considered these bills further. Nevertheless,

the House bill would have provided $59.657 billion for CJS departments and agencies, the Senate

bill, $60.724 billion. For FY2009, the Administration initially requested $56.563 billion for CJS

agencies, but later amended its request several times, increasing it to $57.050 billion. For

Commerce, the FY2009 request initially included $8.217 billion, but the amended request

included almost $546.0 million more for the 2010 Census that was to be offset by reducing,

canceling, or shifting other amounts for Commerce and certain other entities. The amended

FY2009 request included $8.664 billion for Commerce, $23.128 billion for Justice, $24.474

billion for science, and $784 million for related agencies. The amended FY2009 request was

nearly was 1.9% less than the amount ($55.960 billion) appropriated by Congress for CJS

departments and agencies for FY2008. This report will not be updated.

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Overview of FY2009 CJS Appropriations, Including FY2008 Supplemental and

Economic Stimulus Funding ........................................................................................................ 1

FY2009 Omnibus ...................................................................................................................... 1

Economic Stimulus ................................................................................................................... 3

FY2009 Continuing Resolutions............................................................................................... 3

FY2008 Supplemental............................................................................................................... 4

Amended FY2009 Budget Request........................................................................................... 4

FY2009 House-Reported Bill.................................................................................................... 5

FY2009 Senate-Reported Bill ................................................................................................... 5

Initial FY2009 Request (Without Amendments)....................................................................... 5

FY2008 CJS Appropriations ..................................................................................................... 6

Funding Trends, FY2002-FY2008 ............................................................................................ 6

Survey of Selected Issues ................................................................................................................ 7

Department of Commerce ......................................................................................................... 7

Department of Justice................................................................................................................ 8

Science Agencies....................................................................................................................... 9

Related Agencies..................................................................................................................... 10

Department of Commerce ............................................................................................................. 10

International Trade Administration (ITA) ............................................................................... 15

Bureau of Industry and Security (BIS).................................................................................... 15

Economic Development Administration (EDA) ..................................................................... 16

Minority Business Development Agency (MBDA) ................................................................ 18

Economic and Statistics Administration (ESA) ...................................................................... 18

U.S. Census Bureau................................................................................................................. 19

National Telecommunications and Information Administration (NTIA) ................................ 21

U.S. Patent and Trademark Office (USPTO) .......................................................................... 22

National Institute of Standards and Technology (NIST) ......................................................... 23

National Oceanic and Atmospheric Administration (NOAA)................................................. 25

The President’s FY2009 Budget Request ......................................................................... 26

House and Senate Appropriations Committee Recommendations.................................... 27

Actions in the 111th Congress............................................................................................ 28

Department of Justice.................................................................................................................... 29

Background ............................................................................................................................. 29

FY2009 Budget Request and Congressional Action......................................................... 30

FY2008 Supplemental Funding Request and Congressional Action ................................ 32

FY2009 Continuing Resolution (CR) ............................................................................... 32

American Recovery and Reinvestment Act of 2009......................................................... 33

General Administration ........................................................................................................... 35

General Administration..................................................................................................... 35

Administrative Review and Appeals (ARA)..................................................................... 36

Federal Office of Detention Trustee (OFDT).................................................................... 36

Office of the Inspector General (OIG) .............................................................................. 36

U.S. Parole Commission ......................................................................................................... 37

Legal Activities ....................................................................................................................... 37

General Legal Activities ................................................................................................... 37

Office of the U.S. Attorneys.............................................................................................. 38

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U.S. Marshals Service (USMS) ........................................................................................ 38

Other Legal Activities ....................................................................................................... 39

National Security Division (NSD) .......................................................................................... 39

Interagency Law Enforcement ................................................................................................ 39

Federal Bureau of Investigation (FBI) .................................................................................... 40

Drug Enforcement Administration (DEA) .............................................................................. 41

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)................................................ 41

Federal Prison System (Bureau of Prisons)............................................................................. 42

Office on Violence Against Women ........................................................................................ 43

Office of Justice Programs ...................................................................................................... 43

Justice Assistance.............................................................................................................. 44

State and Local Law Enforcement Assistance .................................................................. 45

Weed and Seed Program ................................................................................................... 45

Community Oriented Policing Services............................................................................ 46

Juvenile Justice Programs ................................................................................................. 46

Public Safety Officers Benefits Program .......................................................................... 47

Salaries and Expenses ....................................................................................................... 47

Science Agencies........................................................................................................................... 47

Office of Science and Technology Policy (OSTP).................................................................. 49

National Aeronautics and Space Administration (NASA) ...................................................... 49

National Science Foundation (NSF) ....................................................................................... 52

Related Agencies ........................................................................................................................... 56

Commission on Civil Rights ................................................................................................... 57

Equal Employment Opportunity Commission (EEOC) .......................................................... 58

U.S. International Trade Commission (ITC)........................................................................... 59

Legal Services Corporation (LSC).......................................................................................... 60

Marine Mammal Commission (MMC) ................................................................................... 61

The enacted FY2009 MMC appropriation was $3.2 million, with the increase above

the request “for the hiring of two additional FTEs to monitor oil and gas issues such

as the expansion of exploration and the clean-up of oil spills on ice, as well as

emerging fishery issues.” ..................................................................................................... 61

National Veterans Business Development Corporation (VBC)............................................... 61

Office of the U.S. Trade Representative (USTR).................................................................... 62

State Justice Institute (SJI) ...................................................................................................... 62

Table 1. CJS Appropriations, FY2008 Enacted, FY2009 Proposed, and FY2009 Enacted ........... 1

Table 2. Funding Trends for CJS Departments and Agencies, FY2002-FY2008........................... 7

Table 3. Funding for the Department of Commerce...................................................................... 12

Table 4. Funding for DOC Programs in the American Recovery and Reinvestment Act of

2009............................................................................................................................................ 14

Table 5. NOAA Appropriations For FY2008, the FY2009 Request, and Congressional

Action......................................................................................................................................... 27

Table 6. Funding for the Department of Justice ............................................................................ 30

Table 7. FY2008 Supplemental Funding for the Department of Justice ....................................... 33

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Table 8. Funding for DOJ in the American Recovery and Reinvestment Act (ARRA) ................ 34

Table 9. Funding for Science Agencies in the Omnibus Appropriations Act, 2009 ...................... 48

Table 10. Funding for Science Agencies in the American Recovery and Reinvestment Act

of 2009 ....................................................................................................................................... 48

Table 11. Funding for NASA......................................................................................................... 50

Table 12. National Science Foundation......................................................................................... 54

Table 13. Funding for CJS Related Agencies ................................................................................ 57

Table 14. CJS Appropriations by Account, FY2008 Enacted, FY2009 Proposed, and

FY2009 Enacted......................................................................................................................... 64

Author Contact Information .......................................................................................................... 66

Key Policy Staff ............................................................................................................................ 66

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The 111th Congress passed economic stimulus and omnibus legislation providing funding for

Commerce, Justice, Science, and related Agencies (CJS) for both FY2008 and FY2009. In the

110th Congress, neither the House nor Senate considered the FY2009 spending measures reported

by the Appropriations Committees. Congress passed two continuing resolutions that funded most

CJS departments and agencies at their FY2008 enacted levels until work on a permanent FY2009

appropriations measure could be enacted. The 111th Congress also passed legislation that provided

CJS departments and agencies with FY2008 supplemental funding.

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On March 11, 2009, President Barrack Obama signed into law the Omnibus Appropriations Act,

2009 (P.L. 111-8). The House passed the Omnibus (H.R. 1105) on February 25 and the Senate on

March 10, 2009. As Table 1 shows, Congress appropriated $60.538 billion for CJS departments

and agencies in this act. This amount was $4.578 billion more than the FY2008 enacted level (an

8.2% increase) and $3.488 billion more than the amended FY2009 request (a 6.1% increase). The

FY2009 enacted amount was 1.5% greater than the House Appropriations Committee

recommendation, but 0.3% less than the Senate Appropriations Committee recommendation.

Table 1. CJS Appropriations,

FY2008 Enacted, FY2009 Proposed, and FY2009 Enacted

(budget authority in millions of dollars)

Departments and Related

Agencies

FY2008

Enacteda

Department of Commerce

Department of Justice

Science Agencies

Related Agencies

Total

FY2009

House-

Senate-

FY2009

Requestb

Reported

Enacted

7,658.5

23,958.3

23,534.6

808.8

8,664.8b

23,127.9c

24,473.6

784.0

8,706.9

25,438.8

24,628.4

883.1

9,402.4

25,778.6

24,673.3

869.4

9,267.5

26,120.2

24,278.1

872.4

55,960.1

57,050.3

59,657.1

60,723.6

60,538.2

U.S. Congress, House Committee on Appropriations, Omnibus Appropriations Act, 2009, committee

print, 111th Cong., 1 sess., March 2009, Book 1 of 2 – Divisions A-E (Washington: GPO, 2009), pp. 548-552.

Source:

Amounts may not add to totals due to rounding.

a. The Consolidated Appropriations Act, 2008 (P.L. 110-161) included $285.5 million in emergency funding for

Department of Justice (DOJ) for FY2008. The Supplemental Appropriations Act, 2008 (P.L. 110-252)

included $800.4 million in emergency funding for Department of Commerce (DOC), DOJ, and science

agencies. In addition, the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act,

2009 (P.L. 110-329) included $522.0 million in FY2008 emergency, supplemental funding for DOC and

National Aeronautics and Space Administration (NASA).

b. On June 9, 2008, the Office of Management and Budget (OMB) submitted to Congress an FY2009 budget

amendment that substantially changed the amount requested for the DOC, by shifting amounts in certain

accounts, and increasing the total request for that department by $445.3 million. In addition, on August 1,

Note:

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2008, OMB submitted to Congress an FY2009 budget amendment that included a request for another $3.0

million for the National Oceanic and Atmospheric Administration (NOAA).

On May 2, 2008, the Office of Management and Budget submitted an FY2009 budget amendment that

included an additional $39.1 million for the Federal Bureau of Investigation.

For Commerce, the Omnibus included $9.268 billion. This amount was $1.609 billion more than

the FY2008 enacted level (a 21% increase) and $602.8 million more than the amended FY2009

request (a 7% increase). The Census Bureau appropriation more than doubled, from $1.440

billion to $3.140 billion (an 118% increase), matching the Administration’s amended request. In

addition, Congress appropriated another $1 billion for the Bureau in economic stimulus

legislation (P.L. 111-5) described below. The Economic Development Agency (EDA)

appropriation was reduced from $779.9 million to $272.8 million (a 65% decrease), but the

FY2008 enacted level included $400.0 million in supplemental funding (P.L. 110-329) and

another $150 million for FY2009 in the economic stimulus legislation (P.L. 111-5) described

below.1

For Justice, the Omnibus included $26.120 billion. This amount was $2.162 billion more than the

FY2008 enacted level (a 9% increase) and $2.992 billion more than the amended FY2009 request

(a 12.9% increase). Appropriations for state and local law enforcement assistance, which include

the Office on Violence Against Women (OVW), Office of Justice Programs (OJP), and

Community Oriented Policing Services (COPS), were $495 million more than the FY2008

enacted level (an 18.5% increase) and $2.104 billion more than the FY2009 request (an 196.2%

increase). In addition, the economic stimulus legislation (P.L. 111-5) provided another $4.000

billion for state and local law enforcement assistance (described below). Compared to the

FY2008 enacted levels, appropriations were also increased for

•

General Administration to $370.8 million (a 43.9% increase),

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the U.S. Attorneys to $1.836 billion (a 4.3% increase),

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the U.S. Marshals to $954 million (a 6.6% increase),

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the National Security Division to $83.8 million (a 14.2% increase),

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the Federal Bureau of Investigation (FBI) to $7.301 billion (a 7.9% increase),

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the Drug Enforcement Agency (DEA) to $1.939 billion (a 2.7% increase),

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the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to $1.54 billion

(a 4.2% increase), and

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the Bureau of Prisons to $6.173 billion (a 10% increase).

For science agencies, the Omnibus included $24.278 billion. This amount was $743.5 million

more than the FY2008 enacted level (a 3.2% increase) and $195.5 million less than the amended

FY2009 request (a 0.8% decrease). The FY2009 appropriation included $17.782 billion for the

National Aeronautics and Space Administration (NASA), $6.490 billion for the National Science

Foundation (NSF), and $5.3 million of the Office of Science and Technology Policy (OSTP).

For related agencies, the Omnibus included $872.4 million. This amount was $63.6 million more

than the FY2008 enacted level (a 7.9% increase) and $88.4 million more than the FY2009 request

By comparison the enacted FY2007 appropriation for the Economic Development Agency was $280.6 million.

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(an 11.3% increase). Among other amounts, the FY2009 appropriation for related agencies

included $343.9 million for the Equal Employment Opportunities Commission (EEOC), a 4.4%

increase compared to the FY2008 enacted level, and $390.0 million for the Legal Services

Corporation (LSC), an 11.3% increase.

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On February 17, 2009, President Obama signed into law the American Recovery and

Reinvestment Act of 2009 (P.L. 111-5). The House and Senate passed the conference report on

this economic stimulus legislation (H.R. 1; H.Rept. 111-16) on February 13, 2009. The amounts

appropriated by Congress in the Stimulus act are in addition to the amounts appropriated in the

Omnibus Appropriations Act, 2009 (P.L. 111-8) (described above). In this act, Congress

appropriated $15.922 billion for CJS departments and agencies. For Commerce, the act provided

$7.916 billion, including the following amounts:

•

$150.0 million of the EDA,

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$1.000 billion for the Census Bureau,

•

$5.350 billion for the National Telecommunications and Information

Administration (NTIA),

•

$580.0 million for the National Institute of Standards and Technology (NIST),

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$830.0 million for the National Oceanic and Atmospheric Agency (NOAA), and

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$6.0 million for the DOC Office of Inspector General (OIG).

For Justice, the act provided $4.002 billion for the department and state and local law

enforcement assistance, including the following amounts:

•

$225.0 million for the Office on Violence Against Women,

•

$2.765 billion for OJP state and local law enforcement assistance,

•

$1.000 billion for Community Oriented Policing Services (COPS),

•

$10.0 million for OJP and COPS management and administration,

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and $2.0 million for the DOJ OIG.

For science agencies, the act provided $4.004 billion, including $1.002 billion for NASA and

$3.004 billion for the National Science Foundation (NSF).

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Congress passed a continuing resolution (CR) (H.R. 2638) to fund those departments and

agencies, including those funded under the CJS appropriations bill for which a full-year

appropriation had not been passed by the end of FY2008. On September 30, 2008, then-President

George W. Bush signed into law the Consolidated Security, Disaster Assistance, and Continuing

Appropriations Act, 2009 (P.L. 110-329; H.R. 2638) on September 30, 2008. This law included a

CR that funded most CJS and related agencies at their FY2008 levels through March 6, 2009. As

described below, this act also included FY2008 supplemental funding for EDA, NOAA, and

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NASA. On March 6, 2009, President Obama extended this CR through March 11, 2009, by

signing a another resolution into law (P.L. 111-6; H.J.Res. 38).

For several accounts, however, the CR included funding at levels above those appropriated for

FY2008. For example, the CR funded the Census Bureau through March 6, 2009 (then March 11,

2009), at a rate that would have equaled a full-year FY2009 appropriation of $3.109 billion. By

comparison, Congress appropriated $1.440 billion for the Bureau for FY2008 (including a $210.0

million supplemental appropriation).

The CR funded the Federal Prison System at a rate of $5.397 billion, the Detention Trustee at

$1.246 billion, and DOJ Legal Activities at $3.390 billion. The CR required that about a third of

the funding provided for Legal Activities be transferred to the Office of Personnel Management

for costs associated with the federal observer program authorized under the Voting Rights Act of

1965. Finally, for most agencies, the CR stipulated that FY2008 emergency funding would not be

regarded in calculating FY2009 funding levels, except for certain agencies, which included the

Federal Bureau of Investigation (FBI).

P.L. 110-329 also included FY2008 supplemental emergency funding for three CJS-related

accounts for relief and recovery from recent hurricanes and other natural disasters, even though

the bill was enacted on the last day of FY2008. The act provided $400.0 million for EDA to

provide disaster relief under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

Other amounts were provided for NOAA ($92.0 million) and NASA ($30.0 million). For

FY2009, the NASA provision also allowed the Administration to maintain its current seven

decision unit budget structure rather than reverting to its previous budget structure of three units.

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On June 20, 2008, then-President Bush signed into law the Supplemental Appropriations Act,

2008 (P.L. 110-252; H.R. 2642).2 This bill was cleared by House and Senate on June 19 and 26,

2009, respectively, following an exchange of amendments that resolved differences (principally

related to domestic spending) in previous House- and Senate-passed versions of this bill. For

DOJ, the Administration had requested $185.8 million for DOJ in FY2008 supplemental funding

for counterterrorism-related activities and programs. In this supplemental appropriations act,

Congress provided the Census Bureau with $210.0 million, DOJ with $449.0 million, NASA with

$62.5 million, and NSF with $62.5 million.

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Just prior to House and Senate CJS appropriations subcommittee markups, the Bush

Administration submitted an FY2009 budget amendment to its FY2009 budget request for the

DOC on June 9, 2008. This amendment addressed difficulties associated with the 2010 Decennial

Census that had been encountered by the Census Bureau, by requesting an additional $546.0

million for the 2010 Census that was partly offset by $111.0 million in reductions in other DOC

programs and by shifts in other amounts within the Census Bureau account. In addition, the

For further information, see CRS Report RL34451, FY2008 Spring Supplemental Appropriations and FY2009 Bridge

Appropriations for Military Operations, International Affairs, and Other Purposes (P.L. 110-252), by (name redacted)

et al.

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Administration submitted two other CJS-related FY2009 budget amendments. On May 2, 2008,

the Administration requested an additional $39.1 million for the FBI. On August 1, 2008, the

Administration requested an additional $3.0 million for NOAA.

As Table 1 shows, the Administration’s amended request for those departments and agencies

funded through the CJS appropriation totaled $57.050 billion, an amount that was $1.090 billion

over the amount finally appropriated for FY2008 (a 1.9% increase). As described above,

Congress also appropriated $1.322 billion in FY2008 supplemental emergency funding for CJS

departments and agencies in P.L. 110-329 and P.L. 110-252.

ŘŖŖşȱ Ȭȱȱ

As the House CJS appropriations subcommittee chair, Representative Alan Mollohan observed

that the Administration’s June 9, 2008, budget amendment was submitted too late for the

subcommittee to consider it before the scheduled June 12, 2008, markup and approval of an

FY2009 spending measure. The House Appropriations Committee approved a draft bill on June

25, 2008; however, this bill was not filed and reported until December 10, 2008 (H.R. 7322;

H.Rept. 110-919). The House-reported bill would have provided CJS departments and agencies

with $59.657 billion, including $8.707 billion for Commerce, $25.439 billion for Justice, $24.628

billion for science agencies, and $883 million for related agencies.

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Like her House counterpart, the Senate CJS appropriations subcommittee chair, Senator Barbara

Mikulski, did not consider the Administration’s June 9, 2008, budget amendment timely enough

for the subcommittee to consider during the June 18, 2008, markup and approval of an FY2009

spending measure. The Senate Appropriations Committee reported an FY2008 CJS

appropriations bill (S. 3182; S.Rept. 110-397) on June 29, 2008. The Senate-reported bill would

have provided CJS departments and agencies with $60.724 billion, including $9.402 billon for

Commerce, $25.779 billion for Justice, $24.673 billion for science agencies, and $869 million for

related agencies.

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The Administration’s original FY2009 request included $56.563 billion (without amendments) for

those departments and agencies funded through the CJS appropriation, or $1.926 billion more

than the enacted FY2008 appropriation of $54.637 billion (a 3.5% increase) (excluding

emergency supplemental funding). For Commerce, the FY2009 request initially included $8.217

billion, or $1.360 billion more than the enacted FY2008 level (a 19.8% increase). This increase

included an additional $1.374 billion for Bureau of the Census, but also included decreases of

$147.1 million (-52.6%) for the EDA and $17.1 million (-47.1%) for the NTIA.

For Justice, the FY2009 budget request included $23.089 billion, or $502.8 million less than the

enacted FY2008 level (a 2.1% decrease). This decrease largely reflected proposed reductions in

state and local law enforcement assistance. The FY2009 request, for example, included $792.7

million for the OJP, or nearly $1.489 billion less than the FY2008 enacted level of $2.282 billion

(a 65.3% decrease). And, the FY2009 request included $280.0 million for the OVW, or a

proposed reduction of $120.0 million less than the FY2008 enacted level of $400.0 million (a

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30% decrease). Conversely, the FY2009 request included new funding of $492.7 million for

national security investigations, $100.0 million for a Southwest border crime fighting initiative,

and $67.1 million to support essential federal detention and incarceration programs.

For science agencies, the FY2009 request included $24.474 billion, or $1.094 billion more than

the enacted FY2008 level (a 4.7% increase). Among other things, the FY2009 request included

$396.8 million for the NSF and the National Nanotechnology Initiative.

For related agencies, the FY2009 request included $784.0 million, or nearly $24.8 million less

than the enacted FY2008 level (a 3.1% decrease). The LSC would have absorbed the bulk of this

decrease, as the FY2009 budget request for the corporation only included $311.0 million, a

reduction of $39.5 million, as compared to the corporation’s enacted FY2008 appropriation (an

11.3% decrease).

ŘŖŖŞȱ ȱȱ

On December 26, 2007, the President signed into law the Consolidated Appropriations Act, 2008

(H.R. 2764) into law (P.L. 110-161). This act included the FY2008 CJS appropriations bill, as

well as 10 other appropriations bills, in addition to emergency military funding for Iraq and

Afghanistan. Congressional leaders opted to use the Department of State, Foreign Operations, and

Related Appropriations bill, 2008 (H.R. 2764) as the legislative vehicle for the FY2008 omnibus

spending measure. In this measure, Congress appropriated $54.637 billion for the federal

departments, bureaus, agencies, administrations, offices and activities funded under the CJS

appropriations bill in P.L. 110-161. Congress had previously passed continuing resolutions to

fund those departments and agencies in the absence of the regular FY2008 CJS appropriation.3 As

described above, Congress also appropriated FY2008 supplemental funding in P.L. 110-252 and

P.L. 110-329.

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Table 2 shows CJS appropriations over a seven year period FY2002-FY2008, including

supplemental appropriations. Funding for the Department of Commerce increased by 14.1% from

FY2002 through FY2005. Due to rescissions, it decreased by 1.9% for FY2006, but when

compared to the previous year increased by 3.1% for FY2007 and 15.6% for FY2008.

For further information, see CRS Report RL30343, Continuing Resolutions: Latest Action and Brief Overview of

Recent Practices, by (name redacted).

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Table 2. Funding Trends for CJS Departments and Agencies,

FY2002-FY2008

(

final enacted budget authority in millions of dollars)

Department/Agencies

FY2002

FY2003

FY2004

FY2005

FY2006

FY2007

FY2008

Department of Commerce

Department of Justice

Science Agencies

Related Agencies

Total

5,739

23,707

19,710

739

5,796

19,648

20,600

753

5,943

19,850

20,960

778

6,550

21,000

21,676

781

6,426

21,404

22,833

782

6,625

23,210

22,207

801

7,659

23,958

23,535

808

49,895

46,681

47,584

50,201

51,499

52,931

55,960

Funding totals for the Department of Commerce, Department of Justice, and Science Agencies

provided by the U.S. House of Representatives, Committee on Appropriations. Funding totals for related

agencies compiled by CRS from the Appendixes to the Budgets for the United States Government for FY2003-FY2009.

Note: Amounts may not add to totals due to rounding.

Sources:

Funding for the Department of Justice decreased by 17.1% from FY2002 to FY2003. This oneyear decrease largely reflects the transfer of the former Immigration and Naturalization Service to

the Department of Homeland Security. Since then, Justice funding has increased by 21.9% from

FY2003 to FY2008.

Funding for the science agencies gradually increased by 15.8% from FY2002 to FY2006,

decreased by 2.7% for FY2007 and increased by 5.6% for FY2008. Funding for related agencies

increased by 9.5% from FY2002 to FY2008. Total funding for all departments and agencies

currently under the CJS appropriations bill decreased by 6.4% from FY2002 to FY2003, but it

has increased from FY2003 to FY2008 by 19.9%.

¢ȱȱȱ ȱ

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For the Department of Commerce (DOC), the Administration’s original budget did not anticipate

some problems which later emerged with the equipment for the 2010 Decennial Census.

Consequently, on June 9, 2008, the Administration submitted a revised Department of Commerce

budget that addressed the Census Bureau’s equipment problems and adjusted funding in other

DOC accounts. Another key issue included export promotion and funding for Commerce trade

and technology programs, as the deficit in the U.S. current account has nearly doubled from $98.8

billion in January 2000 to $183.1 billion in second quarter 2007.4 In addition, the anniversary of

hurricanes Katrina and Rita also drew attention to the Department’s weather and oceanstewardship programs.

Second quarter 2008 data was released by the Bureau of Economic Analysis on September 17, 2008. A current

account deficit is a measure of the U.S. position in international financial flows. It includes the combined balances on

trade in goods and services, income, and net unilateral current transfers. A current account deficit means that the United

States is a net borrower.

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Other issues could have included the following:

•

implementation of the American Competitiveness Initiative, announced in

February 2006, that called for the provision of $50 billion for research and

another $86 billion in tax incentives over 10 years across several Commerce and

related agencies accounts, to increase U.S. leadership in technological research,

development, and education;

•

the ability of U.S. trade agencies and the U.S. Patent and Trademark Office to

fight intellectual property infringement abroad;

•

proposed increases in funds for Economic and Statistics Administration to revise

the measure of the health sector in gross domestic product (GDP);

•

the efficacy of U.S. trade agency enforcement of U.S. trade remedy laws against

unfair foreign competition;

•

proposed consolidation of activities currently funded under the Economic

Development Administration’s Public Works, Technical Assistance, Research and

Evaluation, Economic Adjustment Assistance and Defense Economic Adjustment

Assistance programs under a Regional Development Administration (RDA);

•

implementation of the Technology Innovation Program at the National Institute

of Standards and Technology, which replaced the Advanced Technology

Program, given the Administration’s budget request included no funding for the

effort;

•

continuation of federal funding for the Manufacturing Extension Partnership at

the National Institute of Standards and Technology given the Administration’s

budget proposal that recommended termination of federal support for this

program;

•

addressing aging equipment serving the National Oceanic and Atmospheric

Administration’s (NOAA) technical missions; and

•

funding levels for NOAA’s satellite programs, ocean and coastal research-related

projects, and tsunami research systems.

ȱȱ ȱ

During consideration of the Administration’s FY2009 budget request, several issues had been

brought to Congress’ attention that have had implications for the appropriations process. Those

issues included the following:

•

continuing oversight of the FBI’s transformation and the redirection of a larger

share of the its resources towards combating domestic and international

terrorism, and away from traditional crime;

•

rising crime rates in medium-size and smaller cities (in 2006 as compared to

2005, cities with populations of 100,000 to 249,999 reported a 2.3% increase in

the reported number of violent crime; and cities with populations of 50,000 to

99,999, 25,000 to 49,999, and 10,000 to 24,999 reported violent crime increases

of 3.5%, 3.8%, and 2.8%, respectively);

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•

proposed consolidation of the existing 38 federal law enforcement assistance

programs into four “competitive” grant programs and a reduction in such

assistance to $589.0 million for FY2009 ($1.422 billion less than the amount

appropriated by Congress for FY2008, or a 70.7% decrease);

•

proposed consolidation of Office on Violence Against Women programs into a

single “competitive” grant program, and a reduction in that Office’s budget to

$280.0 million for FY2009 (30% decrease as compared to the FY2008

appropriation);

•

proposed $100.0 million Southwest Border Enforcement Initiative that would

increase resources to bolster DOJ’s efforts to combat illegal immigration, drug

trafficking, and firearms smuggling across the Southwest border between the

United States and Mexico in the Administration’s FY2009 budget request;

•

FY2008 budget shortfall for the Bureau of Prisons (BOP) in light of projections

that its facilities could have been 39% over capacity in 2008 and could be 42%

over capacity in 2009;5 and

•

proposed elimination of a prisoner reentry initiative under the Administration’s

FY2009 grant consolidation plan, when an estimated 650,000 offenders are being

released from prison annually.6

ȱȱ

As the United States works to remain competitive in the global world economy, key science

issues included

•

providing funding for the America COMPETES Act (P.L. 110-69), a law that

authorizes increases in the nation’s investment in science and engineering

research at the NSF, National Institute of Standards Technology laboratories, and

Department of Energy (DOE) Office of Science and science, technology,

engineering, and mathematics (STEM) education programs at NSF, DOE, and the

Department of Education,7 and the American Competitiveness Initiative (ACI),

which responds to similar concerns (the White House’s Office of Science and

Technology Policy reports that the FY2009 budget request includes funding for

America COMPETES Act initiatives at 88% of the FY2009 authorization level);8

•

funding NASA budget priorities that are driven by the President’s Vision for

Space Exploration, which were endorsed by Congress in the NASA

U.S. Department of Justice, Bureau of Prisons, Quick Facts About the Bureau of Prisons, available online at

http://www.bop.gov/news/quick.jsp.

U.S. Department of Justice, Office of Justice Programs, “Learn About Reentry,” available at

http://www.reentry.gov/learn.html.

For more information, see CRS Report RL34396, The America COMPETES Act and the FY2009 Budget, by (name re

dacted), and CRS Report RL34328, America COMPETES Act: Programs, Funding, and Selected Issues, by (name re

dacted).

Testimony of Dr. John Marburger, III, Director, White House Office of Science and Technology Policy, House

Committee on Science and Technology, Funding for the America COMPETES Act in the FY2009 Administration

Budget Request, hearing, 110th Congress, 2nd session, February 14, 2008, available at

http://democrats.science.house.gov/Media/File/Commdocs/hearings/2008/Full/14feb/Marburger_Testimony.pdf.

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Authorization Act of 2005 (P.L. 109-155), and include goals like returning the

space shuttle to flight status (already accomplished), then retiring it by 2010;

completing the International Space Station (ISS), but discontinuing U.S. use of it

by 2017; returning humans to the moon by 2020; and sending humans to Mars

and “worlds beyond;” and

•

funding for the NSF’s work under the National Nanotechnology Initiative

directed at understanding and exploiting the unique properties of matter that can

emerge at the nanoscale, including fabrication of new materials and devices as

well as related environmental, health, and safety concerns ($396.8 million in the

FY2009 request).9

ȱȱ

For related agencies, a key issue for Congress was whether to fund the Legal Services

Corporation’s FY2009 budget at $311.0 million as requested by the Administration, a reduction of

$39.5 million as compared to the FY2008 enacted level of funding.

ȱȱŗŖȱ

The origin of the Department of Commerce dates to 1903 with the establishment of the

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 U.S. business and increasing foreign trade; (2) improving the nation’s

technological competitiveness; (3) encouraging economic development; (4) fostering

environmental stewardship and assessment; and (5) compiling, analyzing, and disseminating

statistical information on the U.S. economy and population.

The following agencies within the Commerce Department carry out these missions:

•

International Trade Administration (ITA) seeks to develop the export potential of

U.S. firms and to improve the trade performance of U.S. industry;

•

Bureau of Industry and Security (BIS), formerly the Bureau of Export

Administration, enforces U.S. export laws consistent with national security,

foreign policy, and short-supply objectives;

•

Economic Development Administration (EDA) provides grants for economic

development projects in economically distressed communities and regions;

•

Minority Business Development Agency (MBDA) seeks to promote private and

public sector investment in minority businesses;

•

Economic and Statistics Administration (ESA), excluding the Census Bureau,

provides (1) timely information on the state of the economy through preparation,

development, and interpretation of economic data; and (2) analytical support to

For further information, see CRS Report RL34511, Nanotechnology: A Policy Primer, by (name redacted)

This section was coordinated by Oscar Gonzales and (name redacted), CRS Government and Finance Division.

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department officials in meeting their policy responsibilities. Much of this analysis

is conducted by the Bureau of Economic Analysis (BEA);

•

United States Census Bureau, a component of ESA, collects, compiles, and

publishes a broad range of economic, demographic, and social data;

•

National Telecommunications and Information Administration (NTIA) advises the

President on domestic and international communications policy, manages the

federal government’s use of the radio frequency spectrum, and performs research

in telecommunications sciences;

•

United States Patent and Trademark Office (USPTO) examines and approves

applications for patents for claimed inventions and registration of trademarks;

•

National Institute of Standards and Technology (NIST) assists industry in

developing technology to improve product quality, modernize manufacturing

processes, ensure product reliability, and facilitate rapid commercialization of

products on the basis of new scientific discoveries; and

•

National Oceanic and Atmospheric Administration (NOAA) provides scientific,

technical, and management expertise to (1) promote safe and efficient marine and

air navigation; (2) assess the health of coastal and marine resources; (3) monitor

and predict the coastal, ocean, and global environments (including weather

forecasting); and (4) protect and manage the nation’s coastal resources.

As Table 3 shows, the original FY2009 requested appropriation amount of $8.217 billion was

$558.0 million more than the FY2008 enacted amount of $7.659 billion (P.L. 110-161, P.L. 110252, and P.L. 110-329) for the Department of Commerce, a 7.3% increase. The largest percentage

increase for a single agency was 118.0% for the Census Bureau. Its request was increased on June

9, 2008, at the expense of other programs, as part of a revised budget request for the entire

Department of Commerce.11 The June 9 revision sought to reduce, cancel, or shift funding in

several Commerce programs, including some in the Census Bureau, to provide almost $546.0

million in additional funds for the 2010 Census.

The June 9 revision would have reduced funding in the following Department of Commerce

accounts: International Trade Administration, reduced $3.2 million; Bureau of Industry and

Security, reduced $0.5 million; Economic Development Administration, reduced $9.2 million;

Minority Business Development Administration, reduced $0.4 million; Economics and Statistics

Administration, reduced $0.5 million; other programs in the Census Bureau, reduced $10.8

million;12 National Telecommunications and Information Administration, reduced $0.8 million;

National Institute of Standards and Technology, reduced $2.0 million; National Oceanic and

Atmospheric Administration, reduced $13.0 million;13 and Departmental Management, reduced

$0.5 million. Under general provisions, Department of Commerce, the Administration also

requested cancellation of $70.0 million in unobligated balances associated with the Food,

Letter from the Executive Office of the President to Congress, June 9, 2008. OMB Estimate No. 5, 110th Congress,

2nd Session, at http://www.whitehouse.gov/omb/budget/amendments/amendment2_6_9_08.pdf.

This $10.8 million reduction within the Census Bureau included reductions to other periodic census programs and a

$5.2 million reduction in salaries and expenses.

The June 9 FY2009 announcement for the budget request revision presented individual program account changes.

Figures reflect estimated net changes for agencies as a whole. The August 1, 2008 revised Administration request

restored $13 million to the NOAA budget, resulting in no net change from the original NOAA request.

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Conservation, and Energy Act of 2008 (P.L. 110-246). The discussions of each agency below

reflect the original budget request, except when otherwise noted.

The House Committee did not consider the June 9 revision timely and proceeded on the basis of

the original budget submission. For the Commerce Department, the House Committee

recommended $8.707 billion, which was 27.0% more than the FY2008 enacted amount and 6.0%

more than the original FY2009 requested amount (excluding supplemental appropriations).

Although the Senate Committee, like its House counterpart, considered the revised Commerce

request untimely, it recommended an increase of $546.4 million over the original budget request

for the Census Bureau’s periodic censuses and programs account, which funds the 2010 Census.

For Commerce as a whole, the Senate Committee recommended $9.402 billion, which was 37.1%

more the FY2008 enacted amount (without supplemental appropriations) and 14.4% more than

the original FY2009 requested amount.

On March 11, 2009, President Obama signed into law the Omnibus Appropriations Act, 2009

(P.L. 111-8), which appropriated $9.268 billion for the Department of Commerce. This amount

was 12.8% greater than President Bush’s original FY2009 request of $8.217 billion. NOAA

received 47.1% of the Department of Commerce funding, followed by the Census Bureau, which

received 33.9%. The National Institute of Standards and Technology received 8.8% of the

funding, with the remaining entities receiving 11.0%.

. Funding for the Department of Commerce

Table 3

(

Bureau or Agency

International Trade

Administrationc

Bureau of Industry and

Security

Economic Development

Administrationd

Minority Business

Development Agency

Economic and Statistics

Administration (excluding

Census)

Census Bureau

National

Telecommunications and

Information

Administratione

Patent and Trademark

Officef

Negative BAg

National Institute of

Standards and

Technology

budget authority in millions of dollars)

FY2008

Enacted

FY2009

Requesta

405.2

FY2009

House-

Senate-

FY2009

Revisedb

Reported

Enacted

420.4

417.3

425.4

420.4

72.9

83.7

83.2

83.7

779.9

132.8

123.6

282.8

232.8

272.8

28.6

29.0

28.6

31.5

29.0

29.8

81.1

1,440.2

90.6

2,604.6

90.1

3,139.9

89.1

2,604.6

90.6

3,151.0

90.6

3,139.9

36.3

19.2

18.4

40.9

59.2

39.2

(1,915.5)

(2,075.0)

(2,087.0)

(2,075.0)

(2,010.1)

-76.9

755.8

638.0

636.0

816.9

813.5

819.0

ȱȱȱ

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ǰȱ ǰȱȱȱȱǱȱŘŖŖşȱȱ

Bureau or Agency

National Oceanic and

Atmospheric

Administration

Departmental

Management

Section 107 Budget

Amendment, June 2009

Total: Department of

Commerce

FY2008

Enacted

FY2009

House-

Senate-

FY2009

Requesta

Revisedb

Reported

Enacted

3,988.5

4,103.9

4,252.6

4,445.9

4,365.2

70.0

94.2

93.7

79.3

76.2

83.8

8,706.9

9,402.4

9,267.5

-70.0

7,658.5

8,216.5

8,664.8

Sources: House Appropriations Committee Print on the Consolidated Appropriations Act, 2008 (H.R.

2764/P.L. 110-161); U.S. Department of Commerce Budget Justifications, available at http://www.osec.doc.gov/

bmi/budget/FY09CBJ.html; House Appropriations Committee- approved draft bill and report; and S. 3182

(S.Rept. 110-397). P.L. 111-8, omnibus legislation committee tables are available on p. 548 at

http://frwebgate.access.gpo.gov/cgi-bin/

getdoc.cgi?dbname=111_cong_house_committee_prints&docid=f:47494b.pdf

Note: Amounts may not add to totals due to rounding.

a. Original FY2009 Administration request.

b. June 9, 2008 revised Administration request. The June 9 FY2009 announcement for the budget request

revision presented individual program account changes. Figures reflect estimated net changes for agencies as

a whole.

c. Total funding for ITA may be higher than these amounts due to retained fees.

d. Does not include $100 million under P.L. 110-252, $400 million under P.L. 110-329, and $150 million under

P.L. 111-5, for an additional $650 million in funds provided in FY2009 for EDA.

e. Does not include $45 million in mandatory spending from the Digital Television Transition and Public Safety

Fund.

f. The Patent and Trademark Office (PTO) is fully funded by user fees. The fees collected, but not obligated

during the current year are available for obligation in the following fiscal year and do not count toward the

appropriation totals. Only newly appropriated funds count toward the annual appropriation totals.

g. For FY2009, the PTO account includes $76.9 million in negative budget authority (BA). The Administration

initially estimated $2.087 billion in offsetting fee receipts for the PTO for FY2009. That estimated was

subsequently revised downward to $2.010 billion, but the timing of the revision was such that the Omnibus

appropriations bill (H.R. 1105) was scored against a CBO baseline that included the previous estimate of

$2.087 billion in offsetting fee receipts, resulting in negative BA of $76.9 million for FY2009.

The American Recovery and Reinvestment Act of 2009 (P.L. 111-5), included $7.916 billion for

the Department of Commerce (DOC). This amount is 85% of the $9.268 billion in the FY2009

regular appropriations for DOC, resulting in a total appropriation of $17.184 billion for

FY2009.14 A total of $5.350 billion, or 68% of the DOC total in P.L. 111-5, was appropriated for

the National Telecommunications and Information Administration for activities such as

broadband deployment in the United States and the conversion from analog to digital television

broadcasts.15 For the 2010 census, the Bureau of the Census received $1.000 billion to hire and

Committee tables for the Department of Commerce are available at

http://appropriations.house.gov/pdf/2009_Con_Statement_DivB.pdf

CRS Report RL34165, The Transition to Digital Television: Is America Ready?, by (name redacted). CRS Report

(continued...)

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train additional personnel, increase targeted media purchases as part of the census

communications program (which includes paid advertising), and improve risk management. Up to

$250.0 million of the $1.000 billion is to be used for partnership and outreach efforts to minorities

and other hard-to-count groups. The National Oceanic and Atmospheric Administration received

$830.0 million. Of this amount, $600.0 million is for facility and fleet construction and

maintenance; $230.0 million is for research, restoration, navigation, conservation, and

management activities.16 The National Institute of Standards and Technology received $580.0

million for construction and research activities, plus $20.0 million transferred from the

Department of Health and Human Services for a health information technology initiative.17 The

Economic Development Administration received $150.0 million for Economic Development

Assistance programs, and the DOC Office of Inspector General received $6.0 million. Table 4

provides a summary of DOC funding under ARRA.

. Funding for DOC Programs in the American Recovery and Reinvestment

Act of 2009

Table 4

(

budget authority in millions of dollars)

Bureau or Agency

House-passed

Senate-passed

Enacted

Bureau of Industry and Security

Economic Development Administration

Bureau of the Census

National Telecommunications and

Information Administration

National Institute of Standards and

Technology

National Oceanic and Atmospheric

Administration

Office of the Inspector General

—

250.0

1,000.0

20.0

150.0

1,000.0

—

150.0

1,000.0

3,825.0

7,650.0

5,350.0

500.0

475.0

580.0a

1,000.0

10.0

1,022.0

6.0

830.0

6.0

Total: Department of Commerce

6,585.0

10,323.0

7,916.0

Sources:

. Tables for CJS are on p. 7 of 53 in the PDF. http://frwebgate.access.gpo.gov/cgi-bin/

P.L. 111-5

getdoc.cgi?dbname=2009_record&docid=cr13fe09-90.pdf.

Note: Numbers may not add to totals due to rounding.

a. Amount does not include $20.0 million transferred from the Department of Health and Human Services for

a health information technology initiative.

(...continued)

RS21469, The National Telecommunications and Information Administration (NTIA): Budget, Programs, and Issues,

by (name redacted).

CRS Report RS22825, The National Oceanic and Atmospheric Administration (NOAA) Budget for FY2009, by

(name redacted).

CRS Report 95-30, The National Institute of Standards and Technology: An Appropriations Overview, by (name red

acted).

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ǰȱ ǰȱȱȱȱǱȱŘŖŖşȱȱ

ȱȱȱǻ ǼŗŞȱ

The 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. ITA’s mission is to improve U.S. prosperity by

strengthening the competitiveness of U.S. industry, promoting trade and investment, and ensuring

fair trade and compliance with trade laws and agreements. ITA strives to accomplish this through

the following four policy units and the Executive and Administrative Directorate: (1)

Manufacturing and Services Unit, responsible for certain industry analysis functions and

promoting the competitiveness and expansion of the U.S. manufacturing sector; (2) Market

Access and Compliance Unit, responsible for monitoring foreign country compliance with trade

agreements, identifying compliance problems and market access obstacles, and informing U.S.

firms of foreign business practices and opportunities; (3) Import Administration Unit, responsible

for administering the trade remedy laws of the United States; (4) Trade Promotion/U.S. Foreign

Commercial Service program, responsible for conducting trade promotion programs, providing

U.S. companies with export assistance services, and leading interagency advocacy efforts for

major overseas projects; and (5) the Executive and Administrative Directorate, responsible for

providing policy leadership, information technology support, and administration services for all

of ITA.

The FY2009 enacted amount for ITA was $420.4 million, the same as the President’s request19

and $15.2 million (3.8%) more than the FY2008 funding level of $405.2 million. The enacting

legislation anticipated the collection of $9.4 million in fees, raising available FY2009 funds to

$429.9 million. The ITA Budget Estimates for FY2009 presented a priority list of new

programmatic and base-level changes from the FY2008 budget.20 These included budget

increases for an Adjustments to Base (ATB) and for a China Countervailing Duty Group

Initiative; budget decreases due to the closure of a Trade Compliance Office in Seoul, Korea; and

streamlining of the Domestic Office Structure. The House Appropriations Committee-approved

bill would have provided $425.4 million, 5.0% over the FY2008 funding level and 1.2% over the

FY2009 enacted amount. The Senate-reported bill would have provided $420.4 million, 3.8%

over the FY2008 funding level and the same as the FY2009 enacted amount.

ȱȱ ¢ȱȱ¢ȱǻ ǼŘŗȱ

The BIS administers export controls on dual-use goods and technology through its licensing and

enforcement functions. It cooperates with other nations on export control policy and provides

assistance to the U.S. business community to comply with U.S. and multilateral export controls.

BIS also administers U.S. anti-boycott statutes and is charged with monitoring the U.S. defense

industrial base. Authorization for the activities of BIS, the Export Administration Act (50 U.S.C.

2401, et seq.), last expired in August 2001. On August 17, 2001, President Bush invoked the

The sections on ITA, USTR, and ITC were written by (name redacted), Analyst in International Trade and

Finance, CRS Foreign Affairs, Defense, and Trade Division.

Figures do not reflect the $3.2 million reduction in the revised budget request, which would have provided $417.3

million instead of $420.4 million to ITA.

International Trade Administration, Budget Estimates: Fiscal Year 2009, Congressional Submission.

This section was written by (name redacted), Specialis t in International Trade and Finance, Foreign Affairs,

Defense, and Trade Division.

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authorities granted by the International Economic Emergency Powers Act (50 U.S.C. 1703(b)) to

continue in effect the system of controls contained in the act and by the Export Administration

Regulations (15 C.F.R., Parts 730-799) and has renewed that authority yearly.

The President’s original FY2009 request for BIS was $83.7 million, and the FY2009 enacted

amount was the same, a $10.8 million (14.8%) increase from the FY2008 enacted funding level

of $72.9 million.22 The FY2009 funding request for BIS was divided between licensing activity

($41.0 million), enforcement activity ($36.8 million), and management and policy coordination

($5.9 million). Of these amounts, $14.8 million was requested for Chemical Weapons Convention

(CWC) enforcement. Slightly more than half of the requested increase ($5.8 million) was for

restoration of FY2008 base reductions; $2.6 million was for cost-of-living adjustments; and $2.4

million was for new programmatic initiatives. These included enhancing counter-proliferation

efforts through the addition of BIS criminal investigators, placing an export control officer in

Singapore to prevent the illegal transhipments of controlled items, and adding export compliance

specialists for the Validated End-User program. In FY2008, BIS had budget authority for 365

positions. With the restorations to base and new initiatives, BIS sought budget authority for 396

positions for FY2009. Both the House and Senate Appropriations Committees recommended the

amount of the President’s request ($83.7 million). The Administration’s June 9, 2008 budget

amendment sought to reduce the amount of the BIS budget by $500,000 to be taken from the

proposed inflation adjustment for the agency’s account. (For more information on this

amendment, please refer to the section in this report on the U.S. Census Bureau.)

The Senate version of the American Recovery and Reinvestment Act (S. 336, Inouye) included

$20 million for BIS to upgrade its secure information technology systems; however, this amount

was not approved in the final legislation. The Omnibus rejected the reduction called for in the

June 9, 2008, amendment, provided the agency’s original request of $83.7 million, and affirmed

the $2.4 million for the new programmatic initiatives.

ȱȱȱǻǼŘřȱ

EDA was established under the Public Works and Economic Development Act of 1965, as

amended (42 U.S.C. § 3121). EDA’s mission is to help communities and regions generate new

jobs and retain existing jobs by stimulating industrial and commercial growth in economically

distressed areas. EDA assistance emphasizes the needs of urban areas with high unemployment,

low income, or other severe conditions of economic distress.

In the past three budget requests, the Bush Administration sought to replace EDA assistance with

new initiatives. In FY2006, the Administration budget proposed terminating EDA and 16 other

federal community and economic programs and replacing them with a new, but lower-funded,

program known as Strengthening America’s Community Initiative. In its FY2007 and FY2008

budget requests, the Bush Administration proposed consolidating EDA assistance programs under

a new Regional Development Account (RDA). As proposed by the Administration, the past

initiatives would have been funded at a level below EDA’s current year appropriations. During

Figures do not reflect the $0.5 million reduction in the revised budget request. See above.

This section was written by Oscar Gonzales, Analyst in Economic Development Policy, CRS Government and

Finance Division.

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the past three years, Congress has consistently rejected the Administration’s proposals to reduce

and restructure EDA assistance programs.

For the fourth consecutive year, the Bush Administration budget proposed a reduction in EDA

assistance programs. For FY2009, the Administration’s original budget request included $132.8

million for EDA assistance, which was significantly less than the regular FY2008 enacted amount

of $279.9 million, representing a reduction of 60.0%.

On June 9, 2008, the Administration forwarded to Congress a revised budget request for

Department of Commerce programs. The revised budget request was sought in order to offset a

proposed increase in funding for decennial census activities. It proposed eliminating $7.2 million

initially requested for EDA’s public works grants. If approved, the reduction would have

terminated the program. The Administration also sought a reduction in funding for the EDA

salaries and expenses by $2.0 million, for a total proposed reduction of $9.2 million.

On June 23, 2008, the Senate Appropriations Committee recommended $232.8 million in funding

for EDA activities ($200.0 million) and salaries and expenses ($32.8 million). This was $100.0

million more than requested by the Administration, but $47.1 million less than appropriated in

FY2008. The House Appropriations Committee also took action on the appropriations measure in

June 2008. The House Appropriations Committee recommended an appropriation of $282.8

million for EDA. This included $250.0 million for economic development assistance and $32.8

million for salaries and expenses. This was $2.9 million more than appropriated in FY2008,

$150.0 million more than requested by the Administration, and $50.0 million more than

recommended by the Senate.

In addition to regular appropriations of $279.9 million for FY2008, P.L. 110-252 provided $100.0

million in supplemental funding for EDA under title IV of the Robert T. Stafford Disaster Relief

and Emergency Assistance Act (42 U.S.C. 5121 et seq.) for necessary expenses related to disaster

relief, long-term recovery, and restoration of infrastructure in areas covered by a Presidential

declaration of major disaster.

The Continuing Resolution signed into law by President Bush on September 30, 2008 (P.L. 110329), allocated $400.0 million in supplemental EDA funds for expenses including disaster relief,

long-term recovery, and restoration of infrastructure related to the consequences of hurricanes,

floods, and other natural disasters occurring during 2008 for which the President declared a major

disaster under Title IV of the Stafford Act. Thus, for FY2008, EDA received a total of $779.9

million, including regular and supplemental, disaster-relief funding (P.L. 110-252 and P.L. 110329).

In the 111th Congress, the FY2009 omnibus legislation (P.L. 111-8) provided $272.8 million for

EDA. The American Recovery and Reinvestment Act of 2009 (P.L. 111-5) included an additional

$150.0 million for EDA, for a total of $422.8 million for FY2009.

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The MBDA, established by Executive Order 11625 on October 13, 1971 (36 FR 19967, 3 C.F.R.,

1971-1975 Comp., p. 616) is charged with the lead role in coordinating all the federal

government’s minority business programs. As part of its strategic plan, the MBDA seeks to

develop a more industry-focused, data-driven, technical assistance approach to give minority

business owners the tools essential for becoming first or second tier suppliers to private

corporations and the federal government in the new procurement environment. Progress will be

measured in relation to entrepreneurial parity and strategic growth through increased gross

receipts, number of employees, and size and scale of firms associated with minority business

enterprise.

The Bush Administration’s original FY2009 request for MBDA was $29.0 million, while the June

9, 2009 revised request was $28.6 million. The FY2009 original request was $377,000 more than

the FY2008 enacted amount of $28.6 million, a 1.4% increase. MBDA programs are primarily

delivered through National and Regional Enterprise Centers (NECs and RECs), which service

strategic growth firms, identify new opportunities, and provide project management of grantees.

The amount requested for grants, subsidies, and contributions in FY2009 remains the same as

FY2008, $11.2 million.

The Senate Committee recommendation included $29.0 million. The recommendation was

$377,000 above the FY2008 enacted level and the same as the original budget request. The

increase provided for inflationary adjustments and ensured that funds will be available for the

existing Native American Business Development Centers. The House Committee

recommendation included $31.5 million for MBDA, which was $2.9 million above the FY2008

appropriated level.

The FY2009 Omnibus (P.L. 111-8), provided $29.8 million for the MBDA, a 4% increase over

the FY2008 enacted appropriation. No economic stimulus funds were appropriated for the

MBDA.

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The ESA provides economic data, analysis, and forecasts to government agencies and, where

appropriate, to the public. The ESA includes the Census Bureau (discussed separately), the

Bureau of Economic Analysis (BEA), and STAT-USA. The ESA has three core missions: to

compile a system of economic data, to interpret and communicate the forces at work in the

economy, and to support the information and analytical needs of the executive branch. Census is

excluded from the following discussion of ESA because its budget is submitted separately. The

regional input-output modeling system (RIMS) is also excluded because it is funded entirely

through user fees instead of annual appropriations.

This section was written by Oscar Gonzales, Analyst in Economic Development Policy, CRS Government and

Finance Division.

This section was written by (name redacted), Analyst

in Financial Institutions, CRS Government and Finance

Division.

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The Administration’s original FY2009 requested amount for ESA was $90.6 million, while the

June 9, 2009, revised request was $90.1 million. The original request represented a 10.5%

increase over the comparable FY2008 enacted amount of $81.1 million. BEA represented 96% of

the FY2009 ESA budget request. The most prominent ESA programs are BEA’s four statistical

accounts: (1) National Income and Product Accounts, (2) Regional Economic Accounts, (3)

Industry Input-Output Tables, and (4) International Balance of Payments. BEA’s four core

programs support other agencies and policymakers. The National Economic Accounts support

federal budget projections and macroeconomic policy. Regional data are used to allocate federal

funds and for state budget forecasts. Industry accounts are used to compile the other datasets and

also by the Bureau of Labor Statistics for the Producer Price Index. Balance of payments data are

required by international agreements on exchange rates.

ESA has an initiative to revise the measure of the health sector in gross domestic product (GDP).

The initiative requested $3.2 million in additional FY2009 funds to address the question, “do the

large increases in U.S. health expenditures represent increases in costs or increases in the delivery

of real medical services to an aging population?” In putting forth the initiative, the Administration

argued that health care spending will continue to be the most important long-term issue

confronting the federal budget. Improper measurement of productivity in health services might

cause significant errors in Medicare spending projections. Erroneous productivity measures could

also affect the formula used to compensate service providers participating in federal programs.

The Senate Committee recommendation included $90.6 million. The recommendation was 11.8%

more than the FY2008 enacted level and the same as the original FY2009 budget request. The

House Committee recommendation included $89.1 million for ESA, which was 9.9% more than

the FY2008 enacted amount and 1.7% less than the original FY2009 requested amount.

The FY2009 Omnibus (P.L. 111-8) provided $90.6 million for ESA, an 11.8% increase over the

FY2008 enacted appropriation. No economic stimulus funds were provided for ESA.

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A census of the U.S. population, conducted every 10 years, is authorized by the Constitution

(Article I, Section 2, clause 3, as modified by Section 2 of the 14th Amendment). The Bureau of

the Census, established as a permanent office on March 6, 1902 (32 Stat. 51), conducts this

decennial census under Title 13 of the U.S. Code, which also authorizes the Census Bureau to

collect and compile a wide variety of other demographic, economic, housing, and governmental

data.

To fund the Bureau in FY2009, the Administration initially requested $2.605 billion, including

$238.7 million for salaries and expenses and $2.366 billion for periodic censuses and programs.

By comparison, the FY2008 enacted amounts were $1.230 billion for the Bureau as a whole, with

$202.8 million for salaries and expenses and $1.027 billion for periodic censuses and programs.

The large difference (+$1.374 billion) between the FY2009 request and FY2008 enacted amount

for the Bureau primarily reflected heightened preparations, known as the “ramp up,” for the 2010

Census. About 91%, or $2.143 billion, of the initial periodic censuses and programs request was

for these activities.

This section was written by (name redacted), Specialist in American National Government, CRS Government

and Finance Division.

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In preparation for 2010, the Bureau planned three new initiatives, the first of which involved

reengineering the census to prepare for a short-form only enumeration. The short-form

questionnaire is designed to gather data from all households for, among other purposes, the

constitutionally mandated reapportionment of the U.S. House of Representatives and within-state

redistricting. The census long-form questionnaire, which since 1940 had collected detailed data

from a sample of households, will be replaced by the American Community Survey (ACS). The

ACS is an ongoing survey of about 250,000 households per month. By 2010, it will provide the

equivalent of long-form data yearly, instead of once a decade, to states and sub-state jurisdictions.

Data already are available for states and localities with at least 65,000 persons.

Second, the Bureau is making improvements to its Master Address File (MAF) and Topologically

Integrated Geographic Encoding and Referencing mapping system (TIGER). As described by the

Bureau director, “the MAF/TIGER Enhancement Program is a multi-year effort to collect and

correct the locations of streets and other geographic information.”27 Because the census involves

mailing out questionnaires and having them mailed back to the Bureau, the accuracy of

MAF/TIGER is essential for sending questionnaires to the right housing units.

Third, the Bureau intended to automate fully the pre-census address verification and post-census

nonresponse follow-up (NRFU) processes. Address verification will be conducted to improve

MAF accuracy. In the NRFU process, enumerators will try to obtain correct data from those who

have not completed and returned their census forms. Due to contract delays, significant cost

overruns, and scheduling and performance problems, however, the handheld computers on which

the Bureau was relying for both address verification and NRFU will be used only for the former

process. The Bureau will resort to the traditional paper-based NRFU, and thus will require

additional funds for, among other purposes, hiring more temporary census workers than originally

anticipated. The altered nonresponse follow-up plan could increase the overall cost of the 2010

Census from a projected $11.5 billion to between $13.7 billion and $14.5 billion.28

The Supplemental Appropriations Act, 2008 (P.L. 110-252) included an extra $210.0 million for

the 2010 Census in FY2008, and after the Bureau’s initial FY2009 budget request, it sought

additional FY2009 funds. On June 9, 2008, the Administration submitted an FY2009 budget

amendment requesting almost $546.0 million more for the 2010 Census, to be offset by reducing,

canceling, or shifting funds for other Census Bureau activities, elsewhere in the Commerce

Department, and in other entities. The net increase in the Bureau’s periodic censuses and

programs request was $540.4 million; the amended request for the periodics account was $2.906

billion. The amount requested for salaries and expenses account decreased by $5.2 million to

$233.6 million. The Bureau’s total amended request was almost $3.140 billion.

House and Senate appropriators deemed the amended request submission untimely, although the

Senate Appropriations Committee recommended an amount for the Bureau that exceeded the

original FY2009 request of $2.605 billion by $546.4 million. House appropriators recommended

the amount originally requested.

Testimony of U.S. Census Bureau Director Steve H. Murdock in U.S. Congress, House Committee on

Appropriations, Subcommittee on Commerce, Justice, Science, and Related Agencies, The Fiscal Year 2009 Budget,

April 3, 2008, p. 3, at http://www.census.gov/ Press-Release/www/2008/murdock4-3-08.htm.

U.S. Government Accountability Office, 2010 Census: Plans for Decennial Census Operations and Technology

Have Progressed, but Much Uncertainty Remains, GAO-08-886T, June 11, 2008, p. 1.

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The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, H.R.

2638 (Division A, Section 120, of P.L. 110-329), funded the Bureau at a full-year equivalent of

$3.109 billion. The CR funded the salaries and expenses account at the FY2008 level of $202.8

million until March 6, 2009 (extended to March 11, 2009, by H.J.Res. 38, amending P.L. 110329), but gave periodic censuses and programs $2.906 billion—equal to the FY2009 amended

request. “From such amounts,” according to Section 120, “funds may be used for additional

promotion, outreach, and marketing activities.”

Under the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009, H.R.

1105 (Division B of P.L. 111-8), the Census Bureau received almost $3.140 billion, the same as

the amended FY2009 budget request, and almost $1.700 billion, or 118.0%, more than the $1.440

billion total amount for FY2008. (The $1.440 billion included a $210.0 million FY2008

supplemental appropriation.) The Bureau’s salaries and expenses account received $233.6 million

for FY2009, the same as the amended budget request and $5.2 million less than initially

requested. Periodic censuses and programs received $2.906 billion, equal to the amount in the

budget amendment and $540.4 million more than originally requested.

The Bureau also received, through the American Recovery and Reinvestment Act of 2009 (P.L.

111-5), a $1.000 billion FY2009 supplemental appropriation to address problems with the 2010

Census. The supplemental was to be used for hiring and training additional personnel and

increasing targeted media purchases. Up to $250.0 million of the $1.000 billion was for

partnership and outreach efforts to minority and other hard-to-count groups.

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The National Telecommunications and Information Administration (NTIA) was created within

the Department of Commerce in 1978. It replaced or subsumed by a number of different

regulatory authorities that managed federal use of radio frequencies. Non-federal radio frequency

spectrum is managed by the Federal Communications Commission, created by the

Communications Act of 1934.

The NTIA has diverse responsibilities. Its role in federal spectrum management includes acting as

a facilitator and mediator in negotiations among the various federal agencies regarding usage,

priority access, causes of interference, and other radio spectrum questions. The NTIA is the

executive branch’s principal advisory office on domestic and international telecommunications

and information technology policies. Its mandate is to provide greater access for all Americans to

telecommunications services, support U.S. attempts to open foreign markets, advise on

international telecommunications negotiations, fund research grants for new technologies and

their applications, and assist nonprofit organizations converting to digital transmission in the 21st

century. In recent years, one of the responsibilities of the NTIA has been to oversee the transfer of

some frequencies from the federal domain to the commercial domain. It also has responsibility

for administering a number of grant programs, discussed below.

This section was prepared by (name redacted), Specialist in Telecommunications and Spectrum Policy, CRS

Resources, Science, and Industry Division.

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There are two major components to the NTIA annually appropriated budget. The Salaries and

Expenses category received an appropriation of $19.2 million dollars for FY2010, the same

amount appropriated for FY2009. In addition, the NTIA receives appropriated funds for Public

Telecommunications and Facilities Planning and Construction (PTFPC); $20 million was

appropriated for the program for FY2010. For 2009, the House Appropriations Committee had

approved $21.7 million, and the Senate Appropriations Committee $20.0 million. The NTIA also

collects management fees from federal agencies, based on each agencies’ spectrum holdings, to

defray the cost of its activities on their behalf.

The NTIA manages the distribution of several key grants programs. The American Recovery and

Reinvestment Act of 2009 (P.L. 111-5) provided $4.7 billion to the NTIA for the Broadband

Technology Opportunities Program (Division B, Title VI) for a “national broadband service

development and expansion program.” The Deficit Reduction Act of 2005 (P.L. 109-171, Title

III) created the Digital Television Transition and Public Safety Fund, which received funds that

included $2.7 billion for grant programs. The fund received the receipts of the 2008 auction of

spectrum licenses created by the transition from analog to digital television broadcasting. The two

principal fund beneficiaries were the digital-analog converter box program to assist consumers in

meeting the 2009 deadline for receiving television broadcasts in digital format ($1.5 billion), and

public safety interoperable communications (PSIC) grants ($1 billion). The PSIC grant program

was contracted to the Department of Homeland Security for implementation. The NTIA also is

responsible for establishing a grants program authorized by the ENHANCE 911 Act of 2004 (P.L.

108-494, Title I), to benefit the implementation of 911 services. Additionally, the New and

Emerging Technologies 911 Improvement Act of 2008 (P.L. 110-283) required the NTIA and the

Department of Transportation to develop a National Plan to prepare 911 for the transition to an

IP-enabled emergency communications network.

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The USPTO examines and approves applications for patents on claimed inventions and

administers the registration of trademarks. It also assists other federal departments and agencies

to protect American intellectual property in the international marketplace. The USPTO is funded

by user fees paid by customers that are designated as “offsetting collections” and subject to

spending limits established by the Committee on Appropriations.

The Administration’s FY2009 budget request recommended providing the U.S. Patent and

Trademark Office with $2.075 billion in budget authority, an increase of 8.3% over the previous

fiscal year. The budget proposal also stated that the USPTO should have “full access” to all fees

collected and that fee increases enacted in 2005 and 2006, and extended through 2008, be

continued.

No appropriations legislation was enacted by the close of the 110th Congress. P.L. 110-329, the

Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, provided

the USPTO with the budget authority to use fees at FY2008 levels through March 6, 2009.

This section was written by (name redacted), Specialist in Science and Technology Policy, CRS Resources,

Science, and Industry Division.

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The FY2009 Omnibus Appropriations Act (P.L. 111-8), gave the U.S. Patent and Trademark

Office $2.010 billion in budget authority (4.9% more than FY2008) and continued prior

legislatively mandated increases in fees charged to users.

The Consolidated Appropriations Act, FY2008 (P.L. 110-161), gave the USPTO the budget

authority to spend $1.916 billion in fees collected (8.2% above FY2007) and mandated the

continuation of existing fee increases.

Beginning in 1990, appropriation measures have at times limited the ability of the USPTO to use

the full amount of fees collected in each fiscal year. Although over the past several years the

USPTO has been given the budget authority to use all collected fees, this issue remains 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 methods to

limit USPTO fee usage maintain that the fees are necessary to help balance the budget and that

the budget authority given to the USPTO is sufficient to cover operating costs.

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NIST is a laboratory of the Department of Commerce. The organization’s mandate is to increase

the competitiveness of U.S. companies through appropriate support for industrial development of

pre-competitive generic technologies and the diffusion of government-developed technological

advances to users in all segments of the American economy. NIST research also provides the

measurement, calibration, and quality assurance techniques that underpin U.S. commerce,

technological progress, improved product reliability, manufacturing processes, and public safety.

For FY2009, the Bush Administration’s original budget proposed $638.0 million in funding for

NIST. On June 6, 2008, the former President submitted a series of amendments to his budget,

including a reduction of $2.0 million in the amount requested for NIST (from the Manufacturing

Extension Partnership (MEP) program). The new request of $636.0 million was 15.9% below

FY2008 due to an absence of support for the Technology Innovation Program (TIP)32 and a

significant decrease in financing MEP. Funding for in-house research and development under the

Scientific and Technical Research and Services (STRS) account (including the Baldrige National

Quality Program) was to increase 21.5% to $535.0 million; MEP would have been provided $2.0

million to close out the federally financed portion of the program such that “MEP centers will

become independent, as intended in the program’s original authorization.” Construction support

would have declined 38.3% to $99.0 million.

During the 110th Congress, H.R. 7322, as reported from House Committee on Appropriations,

would have funded NIST at $816.9 million, 8.1% above FY2008. The STRS account would have

increased 13.7% to $500.7 million while support for TIP at $65.2 million would remain constant

and MEP funding would increase 36.2% to $122.0 million. Construction spending was to

decrease 19.6% to $129.0 million. S. 3182, as reported by the Senate Committee on

Appropriations in the 110th Congress, would have provided $813.5 million for NIST, an increase

of 7.6% over FY2008. Included was $489.5 million for the STRS account (an 11.1% increase),

This section was written by (name redacted), Specialist in Science and Technology Policy, CRS Resources,

Science, and Industry Division.

The Technology Innovation Program replaced the Advanced Technology Program as mandated by P.L. 110-69.

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$65.0 million for TIP, and $110.0 million for MEP (a 22.8% increase). The construction budget

would have declined 7.2% to $149.0 million.

No final FY2009 appropriations legislation was enacted by the close of the 110th Congress. P.L.

110-329, the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act,

2009, provided, in part, funding for NIST at FY2008 levels through March 6, 2009.

In the 111th Congress, P.L. 111-8, the FY2009 Omnibus Appropriations Act, funded NIST at

$819.0 million with the STRS account receiving a 7.2% increase to $472.0 million. Support for

MEP totaled $110.0 million, a 22.8% increase, and financing for TIP remained constant at $65.0

million. The $172.0 million for the construction budget reflected a 7.2% increase in funding.

The final version of the American Recovery and Reinvestment Act of 2009, P.L. 111-5, provided

an extra $220.0 million for the STRS account to be used for “research, competitive grants,

additional research fellowships and advanced research and measurement equipment and

supplies,” as noted in the Joint Explanatory Statement of the Committee on Conference. An

additional $360.0 million was included for construction, of which $180.0 million “shall be for the

competitive construction grant program for research science buildings.” The law also directed the

transfer of $20.0 million from the Health Information Technology initiative to NIST to “create

and test standards related to health security and interoperability in conjunction with partners at the

Department of Health and Human Services,” according to the Joint Statement.

The Consolidated Appropriations Act, FY2008, P.L. 110-161, funded NIST at $755.8 million,

11.7% above the FY2007 figure. Support for the STRS account increased 1.4% to $440.5 million

(including the Baldrige National Quality Program). The Technology Innovation Program

(formerly the Advanced Technology Program (ATP)) was appropriated $65.2 million (with an

additional $5.0 million from FY2007 unobligated balances under ATP), 17.6% below FY2007.

Funding for the MEP program decreased 14.4% to $89.6 million. Support for construction almost

tripled to $160.5 million.

Continued support for the Advanced Technology Program was a major funding issue. ATP was

created to provide “seed financing,” matched by private sector investment, to businesses or

consortia (including universities and government laboratories) for development of generic

technologies that have broad applications across industries. Opponents of the program cited it as a

prime example of “corporate welfare,” whereby the federal government invests in applied

research activities that, they emphasize, should be conducted by the private sector. Others

defended ATP, arguing that it assisted businesses in developing technologies that, while crucial to

industrial competitiveness, would not or could not be developed by the private sector alone.

Although Congress maintained (often decreasing) funding for ATP, the initial appropriation bills

passed by the House since FY2002 failed to include financing for the program. In FY2006,

support for the program was cut 41.0% and in 2007, P.L. 110-69 replaced ATP with the

Technology Innovation Program, which focuses on small and medium sized firms. The

Consolidated Appropriations Act, FY2008 provided funding for this new initiative. The Bush

Administration’s FY2009 budget request did not include financing for TIP, although the final

appropriation was similar to that provided in FY2008.

The budget for the Manufacturing Extension Partnership, another extramural program

administered by NIST, has been debated since the FY2004 appropriations deliberations. Although

congressional support for MEP remained constant in the recent past, the Administration’s FY2004

budget request, the initial House-passed bill, and the FY2004 Consolidated Appropriations Act

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substantially decreased federal funding for this initiative, reflecting the President’s

recommendation that manufacturing extension centers “with more than six years experience

operate without federal contribution.” P.L. 108-447, however, restored financing for MEP in

FY2005 to the level that existed prior to the 63.0% reduction taken in FY2004. While support

decreased in FY2006, it remained significantly above the FY2004 figure; FY2007 funding

remained similar to the previous fiscal year. For FY2008, funding for MEP was reduced. The

President’s FY2009 budget proposal recommended curtailing the federally financed portion of the

program and provided $2.0 million to accomplish this objective; however, the final appropriation

included a significant increase in support.

As part of the American Competitiveness Initiative,33 announced by the President in his 2006

State of the Union message, the Administration indicated intentions to double funding over 10

years for “innovation-enabling research” performed at NIST. This was to be accomplished

through increased support of NIST’s “core” programs, defined as internal research in the STRS

account and the construction budget. To this end, the President’s FY2007 budget requested an

18.3% increase in funding for intramural R&D at the laboratory; support for research performed

within the NIST facilities under P.L. 110-5 increased 9.6% over FY2006. For FY2008, the

omnibus appropriations legislation provided for a small increase in the STRS account. The

President’s FY2009 budget proposed an additional 21.5% in funding for this in-house research

and development. The FY2009 Omnibus Appropriations bill contained a 7.2% increase in support

for both the STRS account and construction, while the American Recovery and Reinvestment Act

of 2009 included significant additional funding for both initiatives.

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The mission of NOAA is to understand and predict changes in the Earth’s environment and

conserve and manage coastal and marine resources to meet the nation’s economic, social, and

environmental needs. NOAA supplies information on the oceans and atmosphere, provides

stewardship of coastal and marine environment, and leads scientific research in such fields as

ecosystems, climate, global climate change, weather, and water.35

Table 5 is organized by the FY2009 NOAA budget structure and includes the Operations,

Research, and Facilities (ORF) discretionary account; the Procurement, Acquisition, and

Construction (PAC) discretionary account; and “Other Accounts.” ORF is composed of NOAA’s

five line offices and NOAA Program Support (PS), a cross-cutting budget activity that funds

agency administration, facilities maintenance, education, and the Office of Marine and Aviation

Operations (OMAO). Other accounts include discretionary funding for programs such as the

Pacific Coastal Salmon Recovery Fund (PCSRF), the Coastal Zone Management Fund (CZMF),

and NOAA fisheries financing. Offsetting budget authority for NOAA may also be transferred to

or from another agency, such as with the Promote and Develop American Fishery Products Fund

(PDAF), which is transferred to NOAA from the Department of Agriculture. In some years

For further information, see The White House, Office of Science and Technology Policy, Domestic Policy Counsel,

American Competitiveness Initiative: Leading the World in Innovation, February 2006, 23 pp.

This section was prepared by Harold Upton, Natural Resources Policy Analyst, Resources, Science, and Industry

Division.

Mission statement, Department of Commerce, NOAA FY2009 Budget Summary, February 4, 2008, at

http://www.corporateservices.noaa.gov/~nbo/FY08%20Rollout%20Materials/1_31_07_ROLLOUT/Blue_Book/

Ch.0_TOC_and_INTRO_08_Final.pdf.

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Congress has also approved additional budget authority from previous fiscal year(s) unobligated

appropriations. From time to time, the agency has also received emergency appropriations or has

been subject to congressionally mandated rescissions.

ȱȂȱŘŖŖşȱȱȱ

The Bush Administration’s overarching budget priorities for NOAA for FY2009 included (1)

receiving congressional authorization to use unobligated appropriations and reprogramming

budget authority for programs it did not request in FY2008, that is, “congressionally directed

programs”; (2) “recapitalizing” NOAA by infusing funding into aging facilities, equipment,

technology, vessels, buildings, and other agency infrastructure; (3) assuring that NOAA satellite

programs are able to meet mission requirements and keep to schedule; (4) managing and

maintaining meteorological, climate, and environmental data; and (5) implementing the

President’s Ocean Initiative.36

The Bush Administration’s FY2009 budget request recommended $4.104 billion in funding for

NOAA (see Table 5). The request was 2.9 %, or $115.4 million more than FY2008 enacted

amount of $3.989 billion. Of the $4.104 billion originally requested for FY2009, $2.840 billion

was for ORF; $1.233 billion for PAC; and a net total of $31.0 million for NOAA’s Other

Accounts (Table 5).37 The President’s revised FY2009 budget reprogrammed $4.0 million from

ORF and $9.0 million from PAC to increase funding for hurricane forecasts, but the overall

NOAA budget was not affected. The President requested Congress to restore approximately $150

million of funding for NOAA programs cut in FY2008 in favor of “congressionally directed

programs.”38 Funding for these directed programs was not requested by the Administration for

FY2009.

See Department of Commerce, NOAA, FY2009 Budget Highlights, “President’s Ocean Initiative,” at

http://www.corporateservices.noaa.gov/~nbo/FY09_Rollout_Materials/POI_One_Pager_FINAL.pdf.

The request for PCSF was $35.0 million. However, NOAA’s accounting is sensitive to offsetting budget authority

and, therefore, the amount of $30.9 million is a net total for Other Accounts.

CRS estimated this amount according to funding reported by conferees in the Joint Explanatory Statement to

accompany H.R. 2764 (amended), House Appropriation Committee Print, Consolidated Appropriations Act, 2008,

Division B-Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008, pp. 618-791, January 30,

2008. Available at http://frwebgate.access.gpo.gov/cgi-bin/

getdoc.cgi?dbname=110_cong_house_committee_prints&docid=f:39564b.pdf.

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Table 5. NOAA Appropriations For FY2008,

the FY2009 Request, and Congressional Action

(

Item

Operations, Research, and

Facilities (ORF)a

budget authority in millions of dollars)

FY2008

Enacted

FY2009

Requestc

2,945.3

2,840.3

House-

Senate-

FY2009

Reported

Enacted

2,982.3

3,054.9

3,048.5

Procurement, Acquisition, &

Construction (PAC)

985.2

1,232.7

1,212.3

1,258.0

1,243.6

Other Accounts (net total)

PCSRF/CZMF/Finance

58.0

31.0

58.0

133.0

73.0

3,988.5

4,103.9

4,252.6

4,445.9

4,365.2

Total: NOAAb

Sources: Senate Committee on Appropriations, Departments of Commerce and Justice, Science, and Related

Agencies Appropriations Bill, 2009 (S. 3182; S.Rept. 110-397) June 23, 2008, House Committee on

Appropriations, Commerce, Justice, Science, and Related Agencies Appropriations Bill, 2009 (H.R. 7322; H.Rept.

110-919) December 10, 2008, and explanatory statement submitted by Mr. Obey, Congressional Record, H1737-H

1769, February 23, 2009.

Note: Numbers may not add to totals due to rounding.

a. ORF totals include budget authority offsets (transfers and deobligations).

b. The FY2008 enacted total includes $92 million ($86 million in ORF and $6 million in PAC) provided in the

Consolidated Security, Disaster Assistance, and Continuing Appropriations Act (P.L. 110-329). The FY2008

enacted total also reflects a rescission of $11.3 million required by P.L. 110-161.

c. In the President’s revised FY2009 budget, $4.0 million from ORF and $9.0 million from PAC were

reprogrammed within NOAA to cover various inflationary cost increases.

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For FY2009, the House CJS Subcommittee on Appropriations recommended a total appropriation

of $4.253 billion for NOAA (Table 5). This amount was 6.6%, or $264.1 million more than the

FY2008 enacted level of $3.989 billion. It also was 3.6%, or $148.7 million more than the

FY2009 request of $4.104 billion. The subcommittee recommended funding for NOAA

discretionary accounts as follows: ORF $2.982 billion; PAC $1.212 billion; and Other Accounts,

a net of $58.0 million.

The Senate CJS Subcommittee on Appropriations recommended a total of $4.446 billion for

NOAA for FY2009 (Table 5). This amount was 11.5% or $457.4 million more than the $3.989

billion FY2008 enacted funding level, 8.3% or $342.0 million more than the $4.104 billion

Administration request for FY2009, and 4.5% or $193.3 million more than the $4.253

recommended by the House CJS Subcommittee. The Senate CJS Subcommittee on

Appropriations recommended funding for NOAA discretionary accounts as follows: ORF $3.055

billion; PAC $1.258 billion; and a net $133.0 million for NOAA’s Other Accounts including a

$50.0 million Disaster Mitigation Fund (DMF) to support fishermen and related industries

affected by recent fishery disasters.

The President’s request and recommendations of both congressional appropriations committees

would have increased total funding for NOAA relative to the $3.989 billion enacted funding level

for FY2008. However, discretionary FY2009 funding requested by the President for ORF was

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less than FY2008 appropriations. NOS, OAR, and NESDIS would have been most affected by

cuts proposed by the Administration for ORF FY2009 funding. The House committee

recommendation for PAC was less than the Administration’s request because $32.4 million of PS

funding for construction would have been transferred to the National Institute of Standards and

Technology (NIST). The Senate committee had no similar proposal. In general, the Senate

committee recommendation showed substantial increases for NOAA across the board. The Senate

bill report stated that the committee’s recommendation would strengthen the national response to

the U.S. Joint Ocean Commission findings on U.S. ocean policy.39 The Bush Administration

request and both congressional appropriations committees recommended $992.6 million for

NESDIS Procurement, Acquisition, and Construction. Support of major NESDIS programs

included $550.0 million for the NOAA Geostationary Earth-orbiting Observation Satellite

(GOES), $65.4 million for the management of the last of NOAA’s current Polar-orbiting Earth

Observations Satellites (POES), and $288.0 million for the NOAA/DOD/NASA National Polarorbiting Earth Observation Satellite System (NPOESS).

No final FY2009 appropriations legislation was enacted by the close of the 110th Congress. The

Consolidated Security, Disaster Assistance, and Continuing Appropriations Act (P.L. 110-329)

provided funding for NOAA at FY2008 levels through March 6, 2009. In addition, it provided

supplemental appropriations for FY2008 of $75.0 million for fisheries disaster assistance and

$17.0 million for NOAA to improve its hurricane track and intensity forecasts for the protection

of life and property.

ȱȱȱŗŗŗ ȱȱ

The Omnibus Appropriations Act, 2009 (P.L. 111-8) funded NOAA at $4.365 billion, including

$3.049 billion for the ORF account and $1.244 billion for the PAC account (Table 5). When

compared to the FY2008 funding level, support for the NOAA budget increased by 9.4% or

$376.7 million. Relative to FY2008, ORF funding increased by 3.5%, or $103.2 million and PAC

funding increased by 26.2%, or $258.4 million. Funding for all six ORF line office accounts

increased relative to FY2008 enacted levels.

The American Recovery and Reinvestment Act (ARRA) of 2009 (P.L. 111-5) provided $230.0

million for NOAA’s Operations, Research and Facilities account, “to address a backlog of

research, restoration, navigation, conservation, and management activities.” The ARRA also

included $600.0 million for NOAA’s Procurement, Acquisitions, and Construction account to (1)

construct and repair NOAA facilities, ships, and equipment; (2) improve weather forecasting and

to support satellite development; (3) address gaps in climate modeling; and (4) establish climate

data records for climate change research.

U.S. Congress, Senate Committee on Appropriations, Subcommittee on the Departments of Commerce, Justice,

Science, and Related Agencies, Departments of Commerce, Justice, Science, and Related Agencies Appropriations Bill,

2009, Report to Accompany S. 3182 (S.Rept. 110-397), June 23, 2008, p. 29, “Joint Ocean Commission Initiative.”

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Established by an act of 1870 (28 U.S.C. 501) with the Attorney General at its head, the

Department of Justice provides counsel for citizens in federal cases and protects them through

law enforcement. It represents the federal government in all proceedings, civil and criminal,

before the Supreme Court. In legal matters, generally, the department provides legal advice and

opinions, upon request, to the President and executive branch department heads. The major

functions of DOJ agencies and offices are described below.

•

United States Attorneys prosecute criminal offenses against the United States,

represent the federal government in civil actions, and initiate proceedings for the

collection of fines, penalties, and forfeitures owed to the United States.

•

United States Marshals Service provides security for the federal judiciary,

protects witnesses, executes warrants and court orders, manages seized assets,

detains and transports unsentenced prisoners, and apprehends fugitives.

•

Federal Bureau of Investigation (FBI) investigates violations of federal criminal

law; helps protect the United States against terrorism and hostile intelligence

efforts; provides assistance to other federal, state, and local law enforcement

agencies; and shares jurisdiction with Drug Enforcement Administration over

federal drug violations.

•

Drug Enforcement Administration (DEA) investigates federal drug law

violations; coordinates its efforts with state, local, and other federal law

enforcement agencies; develops and maintains drug intelligence systems;

regulates legitimate controlled substances activities; and conducts joint

intelligence-gathering activities with foreign governments.

•

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces federal law

related to the manufacture, importation, and distribution of alcohol, tobacco,

firearms, and explosives. It was transferred from the Department of the Treasury

to the Department of Justice by the Homeland Security Act of 2002 (P.L. 107296).

•

Federal Prison System (Bureau of Prisons) provides for the custody and care of

the federal prison population, the maintenance of prison-related facilities, and the

boarding of sentenced federal prisoners incarcerated in state and local

institutions.

•

Office on Violence Against Women coordinates legislative and other initiatives

relating to violence against women and administers grant programs to help

prevent, detect, and stop violence against women, including domestic violence,

sexual assault, and stalking.

This section was written by (name redacted), CRS Specialist in Crime and Drug Policy; (name redacted), CRS Analyst

in Crime Policy; and (name redacted), CRS Specialist in Do mestic Security and Crime Policy; CRS Domestic Social

Policy Division. For further information, see CRS Report RL34530, Department of Justice (DOJ) Appropriations for

FY2008 and FY2009, by (name redacted), (name redacted), and (name redacted).

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•

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, and the Office of

Victims of Crime.

•

Community Oriented Policing Services (COPS)advances the practice of

community policing by awarding grants to law enforcement agencies to hire and

train community policing professionals, acquire and deploy crime-fighting

technologies, and develop and test innovative policing strategies.

Most crime control has traditionally been a state and local responsibility. With the passage of the

Crime Control Act of 1968 (P.L. 90-351), however, the federal role in the administration of

criminal justice has increased incrementally. Since 1984, Congress has approved five major

omnibus crime control bills, designating new federal crimes, penalties, and additional law

enforcement assistance programs for state and local governments.

ŘŖŖşȱȱȱȱȱȱ

The FY2009 DOJ budget request included almost $23.128 billion41 as shown in Table 6, or a

$830.3 million reduction, as compared to the FY2008 enacted appropriation of $23.958 billion.42

This reduction of 3.5% was largely reflected in proposed cuts to grant programs administered by

the Office of Justice (OJP), Community Oriented Policing Services (COPS) program, and Office

of Violence Against Women (OVW).

Table 6. Funding for the Department of Justice

(budge

t authority in millions of dollars)

Accounts

FY2008

Enacted

FY2009

Request

HouseReported

SenateReported

FY2009

Enacteda

General Administration

Administrative Review & Appeals

Detention Trustee

Office of the Inspector General

U.S. Parole Commission

Legal Activities

General legal activities

United States Attorneys

United States Marshals Service

Otherb

National Security Division

1,798.8

257.6

240.6

1,225.9

74.6

11.5

3,619.3

747.2

1,759.8

895.1

217.1

73.4

1,952.1

321.3

259.8

1,295.3

75.7

12.6

3,829.7

804.0

1,831.3

933.1

261.2

83.8

2,014.2

384.7

264.8

1,289.1

75.7

12.6

3,841.9

804.0

1,836.3

940.3

261.2

83.8

1,928.4

292.7

264.8

1,295.3

75.7

12.6

3,864.7

804.0

1,831.3

968.1

261.2

83.8

2,007.8

370.8

266.0

1,295.3

75.7

12.6

3,855.6

804.0

1,836.3

954.0

261.2

83.8

The FY2009 requested amount reflects a May 2, 2008 budget amendment that included an additional $39.1 million

for the Federal Bureau of Investigation.

The FY2008 enacted level includes supplemental appropriations provided in P.L. 110-252 and P.L. 110-329.

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Accounts

FY2008

Enacted

FY2009

Request

HouseReported

SenateReported

FY2009

Enacteda

Interagency Law Enforcement

Federal Bureau of Investigation

Salaries and expenses

Counterintelligence and National

Security

Construction

Drug Enforcement Administration

Bureau of Alcohol, Tobacco, Firearms and

Explosives

Federal Prison System

Office on Violence Against Women

Office of Justice Programs

Justice assistance

State and local law enforcement

assistance

Weed and seed program fund

Community oriented policing

services

Salaries and Expensesd

Juvenile justice programs

Public safety officers benefits

497.9

6,763.8

4,291.0

2,308.6

531.6

7,147.2

3,349.2

3,755.0

521.9

7,108.1

3,310.1

3,755.0

511.7

7,270.1

4,359.7

2,725.5

515.0

7,301.2

3,392.7

3,755.0

164.2

1,887.4

43.0

1,936.6

43.0

1,939.1

185.0

1,954.4

153.5

1,939.1

1,011.6

5,612.6

400.0

2,282.0

196.2

1,027.8

5,533.9

280.0

792.7

134.6

1,054.2

5,733.9

435.0

2,694.1

95.0

1,042.8

5,973.9

415.0

2,721.1

240.0

1,054.2

6,173.9

415.0

2,762.1

220.0

1,008.1c

32.1

404.0

—

1,277.0

—

1,387.0

25.0

1,328.5

25.0

587.2

—

383.5

74.8

—

185.0

69.1

627.0

195.0

431.0

69.1

600.0

—

400.0

69.1

550.5

195.0

374.0

69.1

Total: Department of Justice

23,958.3 23,127.9 25,438.8

25,778.6 26,120.2

Sources: U.S. Congress, House Committee on Appropriations, Omnibus Appropriations Act, 2009, committee

print, 111th Cong., 1st sess., March 2009, Book 1 of 2 – Divisions A-E (Washington: GPO, 2009), pp. 548-552.

Amounts may not add to totals due to rounding.

a. The FY2009 enacted amounts do not reflect any funding that was included in the American Recovery and

Reinvestment Act of 2009 (P.L. 111-5).

b. Other includes subaccounts for the Antitrust Division, Vaccine Injury Compensation Trust Fund, U.S.

Trustee System Fund, Foreign Claims Settlement Commission, Fees and Expenses of Witnesses,

Community Relations Service, and the Asset Forfeiture Fund.

c. Includes $100.0 million in emergency funding that was appropriated for security at the Presidential

Nominating Conventions.

d. The House-reported bill and the Omnibus Appropriations Act of 2009 (P.L. 111-8) included an account that

provided $195.0 million for salaries and expenses of OJP, OVW, and COPS.

Note:

The House Appropriations Committee reported bill (H.R. 7322; H.Rept. 110-919) that would

have provided DOJ with $25.439 billion for FY2009. This amount would have included $7.108

billion for the FBI, $1.939 billion for the DEA, $1.054 billion for the ATF, and $5.734 billion for

the Bureau of Prisons. The House reported bill also would have included $3.129 billion in state

and local law enforcement assistance (OJP and OVW), an amount that would have been $2.056

billion more than the amount requested for FY2009.

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The Senate Appropriations Committee reported a bill (S. 3182; S.Rept. 110-252) that would have

provided DOJ with $25.779 billion for FY2009. This amount included $7.270 billion for the FBI,

$1.954 billion for the DEA, $1.043 billion for the ATF, and $5.974 billion for the Bureau of

Prisons. The Senate-reported bill also included $3.136 billion in state and local law enforcement

assistance (OJP and OVW), an amount that would have provided $2.063 billion more than the

FY2009 request.

The Omnibus Appropriations Act, 2009 (P.L. 111-8) included $26.120 billion in DOJ funding for

FY2009. This amount included $7.301 billion for the FBI, $1.939 billion for the DEA, $1.054

billion for the ATF, and $6.174 billion for the Bureau of Prisons. The Omnibus included $3.177

billion in state and local law enforcement assistance (OJP and OVW), $2.104 billion more than

the amount requested for FY2009 and $495.1 million more than the enacted FY2008

appropriation.

ŘŖŖŞȱȱȱȱȱȱȱ

For FY2008, the Administration requested $185.8 million in supplemental funding for DOJ as

shown in Table 7. The House-passed bill (H.R. 2642) would have provided DOJ with $407.3

million in supplemental funding, and the Senate-passed bill (also H.R. 2642) would have

provided $1.131 billion. In an exchange of amendments, the House and Senate resolved their

differences, and the bill was cleared for the President on June 26, 2008. The Supplemental

Appropriations Act, 2008 (P.L. 110-252) included an additional $449.0 million for DOJ. These

amounts are reflected in the FY2008 enacted amounts provided in Table 6 and provided

separately at the account and subaccount level in Table 7.

ŘŖŖşȱȱȱǻǼȱ

On September 30, 2008, the President signed into law the Consolidated Security, Disaster

Assistance, and Continuing Appropriations Act, 2009 (P.L. 110-329). This law included a CR that

funded most DOJ agencies at FY2008 levels through March 6, 2009; however, a few DOJ

accounts received funding over those FY2008 levels. For example, the CR funded the Bureau of

Prisons’ salaries and expenses account at a rate that would have been equal to a full-year FY2009

appropriation of $5.397 billion; the Detention Trustee at a rate that was equal to a full-year

appropriation of $1.246 billion; and departmental Legal Activities at a rate that would have

equaled a full-year appropriation of $3.390 billion. Of the amount provided for Legal Activities,

the CR required that an amount corresponding to $1.090 billion of a full-year appropriation be

transferred to the Office of Personnel Management for costs associated with the federal observer

program provided under Section 8 of the Voting Rights Act of 1965 (42 U.S.C. §1973f).

Furthermore, the CR funded the FBI at its FY2008 level of funding through March 6 and

stipulated that $144.0 million in FY2008 emergency supplemental funding that Congress

appropriated for the FBI would be regarded as part of that calculation. In the discussions below of

the DOJ budget accounts, the CR is not mentioned, unless it provided amounts that were different

from those provided for FY2008.

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Table 7. FY2008 Supplemental Funding for the Department of Justice

(

budget authority in millions of dollars)

Accounts

General Administration

Office of the Inspector General

Legal Activities

General Legal Activities

U.S. Attorneys

U.S. Marshals Service

Federal Bureau of Investigation

Counterterrorism

FY2009 Advanced Appropriation

Drug Enforcement Administration

Bureau of Alcohol, Tobacco, Firearms and Explosives

Federal Prison System

State and Local Law Enforcement Assistance

Total: FY2008 DOJ Supplemental

Sources: For House amounts, see

Request

HousePassed

SenatePassed

Enacted

—

24.0

4.1

5.0

14.9

140.2

101.1

39.1

8.5

4.0

9.1

—

4.0

25.3

1.7

5.0

18.6

174.8

92.2

82.6

12.2

4.0

187.1

—

4.0

75.3

1.7

5.0

68.6

247.6

165.0

82.6

22.7

4.0

187.1

590.0

4.0

35.3

1.7

5.0

28.6

188.7

106.1

82.6

29.9

4.0

187.1

—

185.8

407.3

1,130.6

449.0

Congressional Record, Daily Edition, vol. 154 (May 15, 2008), p. H4012. For

Senate amounts, see Congressional Record, Daily Edition, vol. 154 (May 19, 2008), p. S4302. For enacted amounts,

see the Supplemental Appropriations Act, 2008 (P.L. 110-252).

Note: Amounts may not add to totals due to rounding.

ȱ¢ȱȱȱȱȱŘŖŖşȱ

In the American Recovery and Reinvestment Act (P.L. 111-5), Congress provided DOJ with $4.0

billion in emergency/stimulus funding. This amount includes $2.0 million for the Inspector

General and the rest for grant programs. Specifically, it includes $225 million for the Office on

Violence Against Women, $1.0 billion for the Community Oriented Policing Services Office, and

$2.77 billion for state and local law enforcement assistance, including $2.00 billion for the

Edward Byrne Memorial Justice Assistance Grant program, $225.0 million for Byrne

Competitive grants, $225.0 million for construction of correctional facilities on tribal lands,

$125.0 million for rural law enforcement assistance, $100.0 million for victim compensation

grants, $50.0 million for Internet Crimes Against Children taskforces, and $40.0 million for law

enforcement assistance along the southern border and in High-intensity Drug Trafficking Areas.

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. Funding for DOJ in the American Recovery and Reinvestment Act (ARRA)

Table 8

(

budget authority in millions of dollars)

Accounts

General Administration

Tactical Law Enforcement Wireless

Communications

Detention Trustee

Office of the Inspector General

U.S. Marshals Service

Salaries and Expenses

Construction

Federal Bureau of Investigation

Salaries and Expenses

Construction

Federal Prison System

Buildings and Facilities

Office on Violence Against Women

STOP Formula Grants

Transitional Housing Assistance Grants

State and Local Law Enforcement Assistance

Byrne Justice Assistance Grants (JAG)

Byrne Competitive Grants

Rural Law Enforcement Assistance

Southern Border and HIDTA Grants

Victims Compensation Grants

Tribal Correctional Facilities Construction

Grants

Tribal Courts Initiative

Tribal Alcohol and Substance Abuse Reduction

Grants

Internet Crimes Against Children Task Forces

Community Oriented Policing Services

Salaries and Expenses for OJP and COPS

House-passed

Senate-passed

Enacted

—

100.0

—

2.0

—

3,000.0

—

100.0

2.0

150.0

50.0

100.0

375.0

75.0

300.0

800.0

300.0

250.0

50.0

2,190.0

1,200.0

300.0

150.0

90.0a

100.0

250.0

—

2.0

—

225.0

175.0

50.0

2,765.0

2,000.0

225.0

125.0

40.0a

100.0

225.0

—

25.0

—

1,000.0

—

50.0

1,000.0

10.0

50.0

1,000.0

10.0

ARRA Total

4,002.0

5,027.0

4,002.0

Source: Conference Report on H.R. 1(P.L. 111-5), American Recovery and Reinvestment Act of 2009, H.Rept.

111-16, as published in the Congressional Record, daily edition, vol. 155 (Feb. 12, 2009), pp. H1307-H1516.

Includes $10 million for the Bureau of Alcohol, Tobacco, Firearms, and Explosives for Project Gunrunner.

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The General Administration account provides funds for salaries and expenses for the Attorney

General’s office, the Inspector General’s office, as well as other programs designed to ensure that

the collaborative efforts of DOJ agencies are coordinated to help fight crime as efficiently as

possible. The General Administration budget request was $1.952 billion for FY2009. This amount

was $157.3 million more than the enacted FY2008 appropriation of almost $1.799 billion, an

increase of 8.5%. The House reported bill would have provided $2.014 billion for General

Administration, 12% more than the FY2008 enacted level and 3.2% more than the FY2009

request. The Senate-reported bill would have provided $1.928 billion for General Administration,

7.2% more than the FY2008 level and 1.2% less than the FY2009 request. In the Supplemental

Appropriations Act, 2008 (P.L. 110-252), Congress provided the Office of the Inspector General

(OIG) with an additional $4.0 million. Described below are several General Administration

subaccounts, such as the OIG..

The Omnibus Appropriations Act, 2009 (P.L. 111-8) included $2.007 billion for the General

Administration account, 0.3% less than what was recommended in the House-reported bill and

4.1% more than what was recommended in the Senate-reported bill. The enacted amount for the

General Administration account included in the Omnibus represented an 11.6% increase over

what was appropriated for FY2008 and 2.9% more than was requested for FY2009.

ȱȱ

For DOJ’s General Administration subaccount, the FY2009 budget request included $321.3

million dollars, an increase of $63.7 million over the $257.6 million appropriation for FY2008

(an increase of 24.7%). Examples of programs funded under this subaccount include the Joint

Automated Booking System and the Automated Biometric Identification System. The latter is

designed to integrate fingerprint identification systems maintained by DOJ and Department of

Homeland Security (DHS). Under this subaccount, DOJ also continues to enhance its

counterterrorism and intelligence capabilities through the Law Enforcement Wireless

Communications program (LEWC, formerly known as Narrowband Communications), through

which nationwide integrated wireless networks are being developed and implemented to support

the federal law enforcement and homeland security missions of DOJ. In addition, funding for the

Justice Information Sharing Technology (JIST) program provides for investments in information

technology to further support the Department’s strategic goals.

The House-reported bill would have provided $384.7 million, 49.3% more than FY2008 level and

19.7% more than the FY2009 budget request. The Senate-reported bill would have provided

$292.7 million, 13.6% more than FY2008 enacted level, but 8.9% less than the FY2009 request.

The Omnibus included $370.8 million for General Administration, -3.6% less than the amount

recommended in the House-reported bill, although almost 26.7% more than what was

recommended in the Senate-reported bill. The amount enacted in the Omnibus represented a

43.9% increase over what was appropriated for General Administration for FY2008 and 15.4%

more than the FY2009 requested amount.

ȱȱȱ

řśȱ

ǰȱ ǰȱȱȱȱǱȱŘŖŖşȱȱ

ȱ ȱȱȱǻǼȱ

ARA includes the Executive Office of Immigration Review (EOIR) and the Office of the Pardon

Attorney (OPA). The Attorney General is responsible for the review and adjudication of

immigration cases in coordination with the DHS’s efforts to secure the nation’s borders. The

EOIR handles these matters. The OPA receives and reviews petitions for executive clemency. For

FY2008, Congress appropriated $240.6 million for ARA. The FY2009 budget request included

$259.8 million for ARA funding in FY2009. The requested amount exceeded the FY2008 funding

level by $19.1 million, representing an increase of 8.0%. The House-reported bill would have

provided $264.8 million, 10% more than the FY2008 enacted level and 1.9% more than the

FY2009 budget request. The Senate-reported bill would have provided the same amount as the

House-reported bill.

The Omnibus Appropriations Act, 2009 (P.L. 111-8) included $266.0 million for ARA, an

increase of almost 0.5% over the amount recommended in the House- and Senate-reported bills.

The amount included in the Omnibus for ARA represented a 10.5% increase over FY2008

appropriations and almost 2.4% more than what was requested for FY2009.

ȱȱȱȱȱǻǼȱ

The OFDT provides overall management and oversight for federal detention services relating to

federal prisoners in non-federal institutions or otherwise in the custody of the U.S. Marshals

Service. The FY2009 budget request for OFDT was $1.295 billion. This amount was 5.7% more

than the FY2008 appropriation of almost $1.226 billion. The House-reported bill would have

provided $1.289 billion for OFDT, 5.1% more than FY2008 enacted level and 0.5% less than the

FY2009 request. The Senate-reported bill would have provided the same amount as the

President’s request.

The CR (P.L. 110-329) funded the Detention Trustee through March 6, 2009, at a rate equal to the

amount that would have been available if Congress had appropriated $1.246 billion in full-year

funding, or until a full-year appropriation were enacted.

The FY2009 Omnibus (P.L. 111-8) provided $1.295 billion for OFDT, 0.5% more than the

amount recommended for OFDT in the House-reported bill, and the same amount that was

recommended in the Senate-reported bill and the FY2009 request. The enacted FY2009

appropriation for OFDT represented an increase of just over 5.7% compared to FY2008

appropriations.

ȱȱȱ ȱ ȱǻ

Ǽȱ

The OIG is responsible for detecting and deterring waste, fraud, and abuse involving DOJ

programs and personnel; promoting economy and efficiency in DOJ operations; and investigating

allegations of departmental misconduct. The FY2009 budget request included nearly $75.7

million for the OIG. This amount was $1.1 million greater than the amount appropriated by

Congress for FY2008 and would have represented a 1.4% increase in funding for FY2009. Both

the House- and Senate-reported bills would have provided the same amount as the FY2009

budget request. As noted above, the Supplemental Appropriations Act, 2008 (P.L. 110-252)

included an additional $4.0 million for the OIG.

ȱȱȱ

řŜȱ

ǰȱ ǰȱȱȱȱǱȱŘŖŖşȱȱ

The Omnibus (P.L. 111-8) included $75.7 million for the OIG, an amount equal to what was

reported by the House and Senate Appropriation Committees, and the amount requested for

FY2009. The FY2009 enacted appropriation for the OIG represented a 1.4% increase over

enacted FY2008 appropriation levels.

ǯǯȱȱȱ

The U.S. Parole Commission adjudicates parole requests for prisoners who are serving felony

sentences under federal and District of Columbia code violations. For FY2009, the FY2009

budget request for the Parole Commission was just under $12.6 million, or a 9.7% increase as

compared to the FY2008 appropriation of almost $11.5 million. Both the House- and Senatereported bills would have provided the same amount as included in the FY2009 request. P.L. 1118, the Omnibus Appropriations Act, 2009 (P.L. 111-8), provided the Parole Commission with an

appropriation of $12.6 million for FY2009.

ȱȱ

The Legal Activities account includes several subaccounts: general legal activities, U.S.

Attorneys, U.S. Marshals Service, and other legal activities. For FY2009, the budget request for

legal activities included almost $3.830 billion, an increase of 5.8% and just over $210.4 million

more than the FY2008 enacted funding level of $3.619 billion for these activities. The Housereported bill would have provided almost $3.842 billion for legal activities, 6.2% more than the

FY2008 enacted level and 0.3% more than the FY2009 request. The Senate-reported bill would

have provided almost $3.865 billion, 6.8% more than the FY2008 enacted level and 0.9% more

than the FY2009 budget request.

The Supplemental Appropriations Act, 2008 (P.L. 110-252), provided an additional $35.3 million

in FY2008 funding for certain Legal Activities program accounts, including General Legal

Activities, U.S. Attorneys, and the U.S. Marshals Service. This was followed by the CR (P.L.

110-329), which funded the Legal Activities account through March 6, 2009, as if Congress had

appropriated $3.390 billion in full-year funding for those activities, or until a full-year FY2009

appropriation was enacted. The CR also specified that an amount corresponding to $1.090 billion

of the $3.390 billion in full-year funding was to be transferred to the Office of Personnel

Management’s salaries and expenses account for costs associated with the federal observer

program provided under Section 8 of the Voting Rights Act of 1965 (42 U.S.C. §1973f).

The Omnibus (P.L. 111-8) included $3.856 billion for Legal Activities, almost 0.4% more than

the amount recommended in the House-reported bill and 0.2% less than what was recommended

in the Senate-reported bill. The amount enacted in the Omnibus represented a 6.5% increase over

what was appropriated for General Administration for FY2008 and 0.7% more than the FY2009

requested amount.

ȱȱȱ

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). The FY2009 budget request included $804.0 million for general legal

ȱȱȱ

řŝȱ

ǰȱ ǰȱȱȱȱǱȱŘŖŖşȱȱ

activities, $56.8 million more than the FY2008 enacted appropriation, or a proposed 7.6%

increase in funding. The House- and Senate-reported bills would have included the same level of

funding as the FY2009 budget request. In addition, as part of the Supplemental Appropriations

Act, 2008 (P.L. 110-252), Congress provided an additional $1.7 million for the General Legal

Activities account.

The Omnibus (P.L. 111-8) included $804.0 million for General Legal Activities, an amount equal

to what was recommended in the House- and Senate-reported bills, and the FY2009 request. The

FY2009 enacted appropriation for General Legal Activities in the Omnibus represented an

increase of 7.6% over FY2008 appropriations.

ȱȱȱǯǯȱ¢ȱ

The U.S. Attorneys enforce federal laws through prosecution of criminal cases and represent the

federal government in civil actions in all of the 94 federal judicial districts. For FY2009, the

budget request would have provided $1.831 billion for the U.S. Attorneys Office, a 4.1% increase

over the prior year. For FY2008, the U.S. Attorneys’ appropriated budget was almost $1.760

billion. The House-reported bill would have included $1.836 billion for the U.S. Attorneys Office,

4.3% more than enacted FY2008 appropriations, and 0.3% more than the FY2009 budget request.

The Senate-reported bill would have included the same level of funding as requested for FY2009.

The Supplemental Appropriations Act, 2008 (P.L. 110-252) also included an additional $5.0

million for the Office of the U.S. Attorneys.

The Omnibus (P.L. 111-8) included $1.836 billion for the U.S. Attorneys Office, an amount equal

to that recommended in the House-reported bill, and almost 0.3% more than what was

recommended in the Senate-reported bill and the FY2009 request. The enacted FY2009

appropriation for the Office of the U.S. Attorneys included in the Omnibus represented a 4.3%

increase over FY2008 appropriated funding levels and a 0.3% increase over the FY2009 budget

request.

ǯǯȱȱȱǻǼȱ

The USMS is responsible for the protection of the federal judicial process, including protecting

judges, attorneys, witnesses, and jurors. In addition, USMS provides physical security in

courthouses, safeguards witnesses, transports prisoners from court proceedings, apprehends

fugitives, executes warrants and court orders, and seizes forfeited property. For FY2008, the

appropriation for the USMS was $895.1 million. The budget request for FY2009 proposed USMS

funding of $933.1 million, an increase of $38 million, or 4.2% over the FY2008 enacted level.

The House-reported bill would have provided $940.3 million for USMS, 5.0% more than FY2008

enacted levels and 0.8% more than the FY2009 budget request. The Senate-reported bill would

have provided $968.1 million, 8.2% more than FY2008 enacted funding and 3.8% more than the

FY2009 budget request. The Supplemental Appropriations Act, 2008 (P.L. 110-252) included an

additional $28.6 million for the USMS.

The Omnibus (P.L. 111-8) included $954.0 million for the USMS, an amount that was almost

1.5% more than the recommended level in the House-reported bill and almost 1.5% less than

what was recommended in the Senate-reported bill. The enacted FY2009 appropriation for the

USMS included in the Omnibus represented a 6.6% increase over the amount appropriated for

FY2008, and a 2.2% increase over the amount requested for FY2009.

ȱȱȱ

řŞȱ

ǰȱ ǰȱȱȱȱǱȱŘŖŖşȱȱ

ȱȱȱ

For other legal activities—the Community Relations Service, 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 FY2009

budget request included $261.2 million. This amount reflected an increase in funding of $44.1

million, or a 20.3% increase over the FY2008 enacted level of $217.1 million. The House- and

Senate-reported bills would have provided the same funding level as requested in the FY2009

budget request.

The Omnibus (P.L. 111-8) included $261.2 million for other legal activities, an amount equal to

the House- and Senate-recommended levels, and an amount equal to the FY2009 request. The

enacted FY2009 appropriation provided a 20.3% increase in funding for the other legal activities

subaccounts over FY2008 levels.

ȱ¢ȱȱǻǼȱ

The NSD coordinates DOJ’s national security and terrorism missions through law enforcement

investigations and prosecutions. The NSD was established in DOJ in response to the

recommendations of the Commission on the Intelligence Capabilities of the United States

Regarding Weapons of Mass Destruction (WMD Commission), and authorized by Congress on

March 9, 2006, in the USA PATRIOT Improvement and Reauthorization Act of 2005 (P.L. 109177). Under the NSD, the DOJ resources of the Office of Intelligence Policy and Review and the

Criminal Division’s Counterterrorism and Counterespionage Sections were consolidated to

coordinate all intelligence-related resources and ensure that criminal intelligence information is

shared, as appropriate.

For FY2009, the budget request proposed NSD funding of $83.8 million. In FY2008, Congress

appropriated nearly $73.4 million for NSD. The proposed funding level for FY2009 reflected a

14.2% increase over the FY2008 enacted appropriation. The House-reported and Senate-reported

bills would have provided the same funding level as requested in the FY2009 budget submission.

For FY2009, the Omnibus (P.L. 111-8) included $83.8 million for NSD, an amount equal to the

House- and Senate-recommended levels, and equal to the FY2009 request. The enacted FY2009

appropriation represented a 14.2% increase in NSD funding.

¢ȱ ȱȱ

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 narcoticstrafficking and money-laundering organizations. From DOJ, the federal agencies that participate

in OCDETF are the Drug Enforcement Administration; the Federal Bureau of Investigation; the

Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; the Tax and

Criminal Divisions of DOJ; and the U.S. Attorneys. From DHS, the U.S. Bureau of Immigration

and Customs Enforcement and the U.S. Coast Guard participate in OCDETF. In addition, from

the Department of the Treasury, the Internal Revenue Service and Treasury Office of Enforcement

ȱȱȱ

řşȱ

ǰȱ ǰȱȱȱȱǱȱŘŖŖşȱȱ

also participate. State and local law enforcement agencies participate in approximately 90% of all

OCDETF investigations.43

For FY2009, the budget request would have provided almost $531.6 million for OCDETF. The

proposed FY2009 funding level would have exceeded the FY2008 OCDETF enacted funding

level of $497.9 million by 6.8%. The House-reported bill would have provided $521.9 million,

4.8% more than the FY2008 enacted level, but 1.8% less than the budget request. The Senatereported bill would have provided $511.7 million, 2.8% more than the FY2008 enacted level, but

3.7% less than the budget request.

The Omnibus (P.L. 111-8) included $515 million for OCDETF, an amount that was almost 1.3%

less than the recommended level in the House-reported bill, although 0.6% more than the level

recommended in the Senate-reported bill. The enacted FY2009 OCDETF appropriation

represented a 3.4% increase over the amount appropriated for FY2008, although it provided 3.1%

less than the amount requested for FY2009.

ȱȱȱ ȱǻ Ǽȱ

The FBI is the lead federal investigative agency charged with defending the country against

foreign terrorist and intelligence threats; enforcing federal laws; and providing leadership and

criminal justice services to federal, state, municipal, tribal, and territorial law enforcement

agencies and partners. Since the September 11, 2001 terrorist attacks, the FBI has reorganized and

reprioritized to focus more sharply on preventing terrorism and related criminal activities.

For FY2009, the budget request would have provided $7.147 billion for the FBI, including

$3.755 billion for counterterrorism investigations, foreign counterintelligence, and other national

security activities, as well as construction funding of nearly $43.0 million. The enacted FY2008

FBI budget included almost $6.764 billion, of which almost $2.309 billion was provided for

counterterrorism and national security activities, and $164.2 million was provided for

construction. Taken as a whole, the FY2009 budget request would have exceeded the FBI’s

FY2008 funding level by $383.4 million, an overall funding increase of almost 5.7%.

The House-reported bill would have provided total FY2009 FBI funding of $7.108 billion, almost

5.1% more than FY2008 appropriations, although 0.5% less than the FY2009 budget request. The

Senate-reported bill would have provided $7.270 billion for the FBI, almost 7.5% more than the

FY2008 funding level and 1.7% more than the FY2009 request, and 2.2% more than the Housereported amount.

In the Supplemental Appropriations Act, 2008 (P.L. 110-252), Congress provided the FBI with an

additional $188.7 million for counterterrorism purposes, of which $106.1 million was a

supplemental appropriation for FY2008 and $82.6 million was an advanced FY2009

appropriation to ensure operational continuity in the event that the FY2009 appropriations were

not enacted by the end of FY2008.

The CR (P.L. 110-329) funded the FBI at its FY2008 level of funding through March 6, 2009, and

stipulated further that $144.0 million in FY2008 emergency supplemental funding that Congress

U.S. Department of Justice, Interagency Law Enforcement, FY2009 Interagency Crime and Drug Enforcement

Congressional Submission, February 2008, p. 9.

ȱȱȱ

ŚŖȱ

ǰȱ ǰȱȱȱȱǱȱŘŖŖşȱȱ

appropriated for the FBI would be regarded as part of that calculation. As a result, the FBI was

funded at a rate that would be equal to a full-year appropriation of $6.802 billion.

The Omnibus (P.L. 111-8) included total appropriations of $7.301 billion for the FBI, an amount

that was 2.7% more than the recommended level in the House-reported bill, 0.4% more than what

was recommended in the Senate-reported bill, and 2.2% more than the FY2009 request. The total

enacted FY2009 appropriation for the FBI represented a 7.9% increase over FY2008

appropriations. Of the total FBI appropriation, the Omnibus provided $3.393 billion for salaries

and expenses, $3.755 billion for FBI counterintelligence and national security, and $153.5 million

for construction.

ȱȱȱǻǼȱ

The DEA is the lead federal agency tasked with reducing the illicit supply and abuse of dangerous

narcotics and drugs through drug interdiction and seizures of illicit revenues and assets from drug

trafficking organizations. According to DEA, the agency’s efforts to reduce the drug supply have

contributed to a 23% drop in national drug use over the past five years.44 By 2009, one of DEA’s

goals is to recover $3.0 billion in illegal proceeds annually from international drug trafficking

networks operating in the United States. In congressional testimony, DEA noted that they

continue to face evolving challenges in limiting the supply of illicit drugs such as the illicit use of

pharmaceutical drugs available through the Internet; enforcement along the Southwest border

with Mexico where DEA estimates that 85% of illicit drugs are smuggled into the United States.45

For FY2009, the budget request included almost $1.937 billion in funding for DEA. This amount

would have exceeded the enacted FY2008 funding level of $1.887 billion by $49.2 million and

would have reflected a 2.6% funding increase. The House-reported bill would have provided

$1.939 billion, 2.7% above the FY2008 enacted level and 0.1% over the FY2009 request. The

Senate-reported bill would have provided $1.954 billion, 3.5% above the FY2008 enacted level

and 0.9% over the FY2009 request. As part of the Supplemental Appropriations Act, 2008 (P.L.

110-252), DEA received an additional $29.9 million.

The Omnibus (P.L. 111-8) included total appropriations of $1.939 billion for DEA, an amount

that was equal to the recommended level in the House-reported bill, almost 0.8% less than what

was recommended in the Senate-reported bill, and 0.1% more than the FY2009 request. The

enacted FY2009 appropriation for DEA included in the Omnibus represented a 2.7% increase

over the amount appropriated for FY2008.

ȱȱǰȱǰȱȱȱ¡ȱǻǼȱ

The ATF enforces federal criminal law related to the manufacture, importation, and distribution of

alcohol, tobacco, firearms, and explosives. ATF works both independently and through

partnerships with industry groups, international, state and local governments, and other federal

Statement of Karen Tandy, Administrator, Drug Enforcement Agency, Hearing before the Senate Committee on

Appropriations, Subcommittee on Commerce, Justice, Science, and Related Agencies, Drug Threats and Enforcement

Challenges, April 19, 2007.

Ibid.

ȱȱȱ

Śŗȱ

ǰȱ ǰȱȱȱȱǱȱŘŖŖşȱȱ

agencies to investigate and reduce crime involving firearms and explosives, acts of arson, and

illegal trafficking of alcohol and tobacco products.

For FY2009, the budget request included nearly $1.028 billion for ATF. The FY2009 request

would have provided a funding increase of $16.2 million, or 1.6% more than FY2008 enacted

level. The House-reported bill would have provided $1.054 billion, 4.2% above the FY2008

enacted level and 2.6% over the FY2009 request. The Senate-reported bill would have provided

$1.043 billion, 3.1% above the FY2008 enacted level and 1.5% over the FY2009 request. As part

of the Supplemental Appropriations Act, 2008 (P.L. 110-252), ATF received a supplemental

appropriation of $4.0 million for “Project Gunrunner,” an effort to suppress Southwest border gun

trafficking. In the American Recovery and Reinvestment Act of 2009 (P.L. 111-5), Congress

provided ATF with another $10 million for Project Gunrunner.

The Omnibus (P.L. 111-8) included total appropriations of $1.054 billion for ATF, an amount that

was equal to the recommended level in the House-reported bill, almost 1.1% more than what was

recommended in the Senate-reported bill, and 2.6% more than the FY2009 request. The enacted

FY2009 appropriation for ATF represented a 4.2% increase over the amount appropriated for

FY2008.

ȱȱ¢ȱǻȱȱǼȱ

The Bureau of Prisons (BOP) maintains federal penal institutions nationwide and contracts with

state, local, and private facilities for additional detention space. BOP projects that in 2008 there

will be 207,020 inmates in the federal prison system population; the bureau further estimates that

this population will grow to approximately 213,220 by the end of 2009.46 Of the total number of

federal inmates, nearly 167,000 are in facilities operated by BOP, while the remaining 17% are in

contract care at privately operated secure facilities, residential reentry centers, or serving a

sentence of home confinement. BOP estimates that its facilities were operating at 39% above

capacity as of January 29, 2008, and they estimate that by 2009 the facilities will be operating at

42% above capacity.47

The FY2009 budget request proposed BOP funding of almost $5.534 billion, of which $95.8

million would have been provided for the acquisition of sites and construction of facilities. This

amount would have provided $79 million less than the total enacted FY2008 appropriations of

almost $5.613 billion, reflecting a 1.4% decrease. The House-reported bill included $5.734 billion

for the BOP, a 2.2% increase over the FY2008 enacted level and a 3.6% increase over the

FY2009 request. The Senate-reported bill included $5.974 billion for BOP, a 6.4% increase over

the FY2008 enacted level and an 8% increase over the FY2009 request. The Supplemental

Appropriations Act, 2008 (P.L. 110-252) included an additional $187.1 million for the BOP.

The Omnibus Appropriations Act, 2009 (P.L. 111-8) included almost $6.174 billion for BOP,

7.7% more than what was recommended for BOP in the House-reported bill and 3.3% more than

what was recommended in the Senate-reported bill. The amount provided for BOP included in the

Omnibus Appropriations Act represented a 10.0% increase over what was appropriated for BOP

for FY2008 and 11.6% more than what was requested.

U.S. Department of Justice, Federal Bureau of Prisons, FY2009 Congressional Budget Submission, p. 2.

Ibid., pp. 2-3.

ȱȱȱ

ŚŘȱ

ǰȱ ǰȱȱȱȱǱȱŘŖŖşȱȱ

ȱȱȱȱȱ

The Office on Violence Against Women (OVW) was created to administer programs created

under the Violence Against Women Act (VAWA) of 1994 and subsequent legislation. These

programs provide financial and technical assistance to communities around the country to

facilitate the creation of programs, policies, and practices designed to improve criminal justice

responses related to domestic violence, dating violence, sexual assault, and stalking.

The FY2009 budget request would have provided $280.0 million for OVW, a reduction of $120.0

million or a 30% decrease in funding compared to FY2008 funding of $400.0 million. Under the

FY2009 budget request proposal, OVW’s current formula and discretionary grant programs

would have been consolidated into a single grant program, the Prevention and Prosecution of

Violence Against Women and Related Victim Services Program. Grants under the proposed

consolidated program would have been awarded on a competitive basis to state, local, and tribal

governments. Funding would have supported efforts to develop and implement effective,

coordinated prevention and prosecution of domestic violence, dating violence, sexual assault and

stalking, and support related victims services. According to the FY2009 budget request proposal,

the consolidated grant awards would have been “designed to forge state, local and tribal

partnerships among police, prosecutors, the judiciary, victim advocates, health care providers,

faith leaders, and others to help provide victims with protection and needed services, while

enabling communities to hold offenders accountable.”48

Both the House-reported bill and the Senate-reported bill rejected the Administration’s

consolidation proposal and would have maintained OVW’s current program structure. The

House-reported bill would have provided OVW with $435.0 million, an increase of 8.8% over the

FY2008 enacted level and 55.4% over the FY2009 request. The Senate-reported bill would have

provided $415.0 million, an increase of 3.8% over the FY2008 enacted level and 48.2% over the

FY2009 request.

The Omnibus Appropriations Act, 2009 (P.L. 111-8) included $415.0 million for the Office on

Violence Against Women, 4.6% less than the House-reported bill and the same amount as the

Senate-reported bill. The $415.0 million for the Office on Violence Against Women is 3.8% more

than the FY2008 appropriation and 48.2% more than the FY2009 request. In addition to the

amount included in the Omnibus Appropriations Act, the American Recovery and Reinvestment

Act of 2009 (P.L. 111-5) included $225.0 million for the Office on Violence Against Women.

ȱȱ ȱȱ

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 OJP, the

Administration’s FY2009 budget request included $792.7 million, or nearly $1.489 billion less

than the FY2008 appropriation of $2.282 billion. The House reported-bill would have included

$2.694 billion, an increase of 18.1% over the FY2008 enacted level and an increase of 239.8%

over the FY2009 request. The Senate-reported bill would have included $2.721 billion, an

U.S. Executive Office of the President, Office of Management and Budget, Budget for Fiscal Year 2009, Appendix,

p. 728.

ȱȱȱ

Śřȱ

ǰȱ ǰȱȱȱȱǱȱŘŖŖşȱȱ

increase of 19.2% over the FY2008 enacted level and an increase of 243.2% over the FY2009

request. The Omnibus Appropriations Act, 2009 (P.L. 111-8) included $2.762 billion for OJP,

2.5% more than the House-reported bill and 1.5% more than the Senate-reported bill. The amount

included in the Omnibus Appropriations Act represented a 21.0% increase over the FY2008

appropriation for OJP and a 248.4% increase over the FY2009 request. In addition to the amount

included in the Omnibus Appropriations Act, the American Recovery and Reinvestment Act of

2009 (P.L. 111-5) included $3.765 billion for OJP, of which $2.765 billion was for State and

Local Law Enforcement Assistance and $1.0 billion was for Community Oriented Policing

Services.

ȱȱ

The Administration’s FY2009 request included $134.6 million for this account, or 31.4% less

than what was appropriated in FY2008. The FY2009 request included funding for the following

programs:

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$34.7 million for National Institute of Justice (NIJ);

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$53.0 million for the Bureau of Justice Statistics (BJS);

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$34.2 million for the Regional Information Sharing System (RISS); and

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$12.7 million for support services and administrative expenses for the Office of

Victims of Crime.

By comparison, the enacted FY2008 appropriation for Justice Assistance was $196.2 million. The

FY2008 appropriations for some of those programs included the following:

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$37.0 million for NIJ;

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$34.8 million for BJS;

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$40.0 million for RISS;

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$50.0 million for missing children programs; and

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$11.3 million to support state and local law enforcement agencies in the

prevention, investigation and prosecution of Internet, high-tech and economic

crimes.49

The House-reported bill would have provided $95.0 million for the Justice Assistance account,

51.6% less than the FY2008 enacted level and 29.4% less than the FY2009 request.50 The Senatereported bill would have provided $240.0 million for the Justice Assistance account, 22.3% more

than the FY2008 enacted level and 78.2% more than the FY2009 request. The Omnibus

Appropriations Act, 2009 (P.L. 111-8) included $220.0 million for the Justice Assistance account,

131.6% more than the House-reported bill, but 8.3% less than the Senate-reported bill. The

Congressional Record, Daily Edition, vol. 153 (December 17, 2007), p. H15800.

The House-reported bill included funding for several programs that received appropriations for FY2008 under the

Justice Assistance account under different accounts for FY2009. For example, the House-reported bill included $63.0

million for missing children program under the Juvenile Justice Programs account, $18.0 million for grants to support

state and local law enforcement agencies in the prevention, investigation and prosecution of Internet, high-tech and

economic crimes under the State and Local Law Enforcement Assistance account, and $45.0 million for RISS under the

Community Oriented Policing Services account.

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amount included in the Omnibus Appropriations Act is 12.1% more than what was enacted in

FY2008 and 63.4% more than the FY2009 request.

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The Administration requested $404.0 million for the State and Local Law Enforcement

Assistance account for FY2009. In addition, the Administration proposed collapsing 16 State and

Local Law Enforcement Assistance grant programs, 14 COPS grant programs (described below),

along with the Weed and Seed program (also described below), into three competitive grant

programs. Under this proposal, the FY2009 request included:

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$200.0 million for a Violent Crime Reduction Partnership Initiative to assist

communities experiencing high rates of violent crime—with an emphasis on

reducing drug trafficking and gang activity—by providing resources for forming

and participating in multi-jurisdictional task forces that would include members

of federal, state, and local law enforcement;

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$200.0 million for a Byrne Public Safety and Protection Program to assist and

allow state, municipal, local, tribal, and territorial governments with developing

programs that address the particular needs of their jurisdiction; and

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$4.0 million for community policing training and technical assistan

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