# Commerce, Justice, Science and Related Agencies: FY2009 Appropriations

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/crs%3ARL34540

## Record

- **Collection:** Congressional research report
- **Document type:** CRS Report
- **Published:** May 11, 2009
- **Citation:** RL34540

## Text

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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.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

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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

Š‹•Žœȱ
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

˜—ŠŒœȱ
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.

ŘŖŖşȱ–—’‹žœȱ
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

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:

st

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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c.

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),

•

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

•

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

•

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

•

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

•

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

•

the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to $1.54 billion
(a 4.2% increase), and

•

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
1

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

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Řȱ

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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.

Œ˜—˜–’Œȱ’–ž•žœȱ
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,

•

$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),

•

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

•

$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,

•

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).

ŘŖŖşȱ˜—’—ž’—ȱŽœ˜•ž’˜—œȱ
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

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řȱ

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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.

ŘŖŖŞȱž™™•Ž–Ž—Š•ȱ
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.

–Ž—ŽȱŘŖŖşȱžŽȱŽšžŽœȱȱ
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
2

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.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Śȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

ȱ

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 ˜žœŽȬŽ™˜›Žȱ’••ȱ
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.

ŘŖŖşȱŽ—ŠŽȬŽ™˜›Žȱ’••ȱ
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.

—’’Š•ȱŘŖŖşȱŽšžŽœȱǻ’‘˜žȱ–Ž—–Ž—œǼȱ
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

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

śȱ

ȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

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 ȱ™™›˜™›’Š’˜—œȱ
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.

ž—’—ȱ›Ž—œǰȱŘŖŖŘȬŘŖŖŞȱ
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.

3

For further information, see CRS Report RL30343, Continuing Resolutions: Latest Action and Brief Overview of
Recent Practices, by (name redacted).

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Ŝȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

ȱ

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%.

ž›ŸŽ¢ȱ˜ȱŽ•ŽŒŽȱ œœžŽœȱ
Ž™Š›–Ž—ȱ˜ȱ˜––Ž›ŒŽȱ
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.

4

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.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŝȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

ȱ

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.

Ž™Š›–Ž—ȱ˜ȱ žœ’ŒŽȱ
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);

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Şȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

ȱ
•

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

Œ’Ž—ŒŽȱŽ—Œ’Žœȱ
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

5

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.
6
U.S. Department of Justice, Office of Justice Programs, “Learn About Reentry,” available at
http://www.reentry.gov/learn.html.
7
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).
8
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.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

şȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

ȱ

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

Ž•ŠŽȱŽ—Œ’Žœȱ
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.

Ž™Š›–Ž—ȱ˜ȱ˜––Ž›ŒŽŗŖȱ
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:

9

•

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.

10

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŖȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

ȱ

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,
11

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.
12
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.
13
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.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŗȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

ȱ

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

Reported

Enacted

420.4

417.3

425.4

420.4

420.4

72.9

83.7

83.2

83.7

83.7

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)

(2,075.0)

(2,087.0)

(2,075.0)

(2,010.1)
-76.9

755.8

638.0

636.0

816.9

813.5

819.0

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŘȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

ȱ

Bureau or Agency
National Oceanic and
Atmospheric
Administration
Departmental
Management
Section 107 Budget
Amendment, June 2009

Total: Department of
Commerce

FY2008
Enacted

FY2009

FY2009

House-

Senate-

FY2009

Requesta

Revisedb

Reported

Reported

Enacted

3,988.5

4,103.9

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
14
Committee tables for the Department of Commerce are available at
http://appropriations.house.gov/pdf/2009_Con_Statement_DivB.pdf
15
CRS Report RL34165, The Transition to Digital Television: Is America Ready?, by (name redacted). CRS Report
(continued...)

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗřȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

ȱ

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).
16
CRS Report RS22825, The National Oceanic and Atmospheric Administration (NOAA) Budget for FY2009, by
(name redacted).
17
CRS Report 95-30, The National Institute of Standards and Technology: An Appropriations Overview, by (name red
acted).

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŚȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

ȱ

—Ž›—Š’˜—Š•ȱ›ŠŽȱ–’—’œ›Š’˜—ȱǻ 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.

ž›ŽŠžȱ˜ȱ —žœ›¢ȱŠ—ȱŽŒž›’¢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
18

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.
19
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.
20
International Trade Administration, Budget Estimates: Fiscal Year 2009, Congressional Submission.
21
This section was written by (name redacted), Specialis t in International Trade and Finance, Foreign Affairs,
Defense, and Trade Division.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗśȱ

ȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

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.

Œ˜—˜–’ŒȱŽŸŽ•˜™–Ž—ȱ–’—’œ›Š’˜—ȱǻǼŘřȱ
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

22

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.
23

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŜȱ

ȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

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.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŝȱ

ȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

’—˜›’¢ȱžœ’—ŽœœȱŽŸŽ•˜™–Ž—ȱŽ—Œ¢ȱǻǼŘŚȱ
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.

Œ˜—˜–’ŒȱŠ—ȱŠ’œ’Œœȱ–’—’œ›Š’˜—ȱǻǼŘśȱ
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.

24

This section was written by Oscar Gonzales, Analyst in Economic Development Policy, CRS Government and
Finance Division.
25
This section was written by (name redacted), Analyst
in Financial Institutions, CRS Government and Finance
Division.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗŞȱ

ȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

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.

ǯǯȱŽ—œžœȱž›ŽŠžŘŜȱ
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.
26

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

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗşȱ

ȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

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.

27
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.
28
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.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŘŖȱ

ȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

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.

Š’˜—Š•ȱŽ•ŽŒ˜––ž—’ŒŠ’˜—œȱŠ—ȱ —˜›–Š’˜—ȱ–’—’œ›Š’˜—ȱ
ǻ ǼŘşȱ
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.

29

This section was prepared by (name redacted), Specialist in Telecommunications and Spectrum Policy, CRS
Resources, Science, and Industry Division.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Řŗȱ

ȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

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.

ǯǯȱŠŽ—ȱŠ—ȱ›ŠŽ–Š›”ȱ’ŒŽȱǻǼřŖȱ
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.

30

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

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŘŘȱ

ȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

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.

Š’˜—Š•ȱ —œ’žŽȱ˜ȱŠ—Š›œȱŠ—ȱŽŒ‘—˜•˜¢ȱǻ Ǽřŗȱ
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),
31

This section was written by (name redacted), Specialist in Science and Technology Policy, CRS Resources,
Science, and Industry Division.
32
The Technology Innovation Program replaced the Advanced Technology Program as mandated by P.L. 110-69.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Řřȱ

ȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

$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

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŘŚȱ

ȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

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.

Š’˜—Š•ȱŒŽŠ—’ŒȱŠ—ȱ–˜œ™‘Ž›’Œȱ–’—’œ›Š’˜—ȱǻǼřŚȱ
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
33
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.
34
This section was prepared by Harold Upton, Natural Resources Policy Analyst, Resources, Science, and Industry
Division.
35
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.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Řśȱ

ȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

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.

‘Žȱ›Žœ’Ž—ȂœȱŘŖŖşȱžŽȱŽšžŽœȱ
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.

36

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.
37
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.
38
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.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŘŜȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

ȱ

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

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.

˜žœŽȱŠ—ȱŽ—ŠŽȱ™™›˜™›’Š’˜—œȱ˜––’ŽŽȱŽŒ˜––Ž—Š’˜—œȱ
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

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Řŝȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

ȱ

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.

Œ’˜—œȱ’—ȱ‘Žȱŗŗŗ ȱ˜—›Žœœȱ
‘

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.

39
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.”

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŘŞȱ

˜––Ž›ŒŽǰȱ žœ’ŒŽǰȱŒ’Ž—ŒŽȱŠ—ȱŽ•ŠŽȱŽ—Œ’ŽœDZȱŘŖŖşȱ™™›˜™›’Š’˜—œȱ

ȱ

Ž™Š›–Ž—ȱ˜ȱ žœ’ŒŽŚŖȱ
ŠŒ”›˜ž—ȱ
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.

40

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.

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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
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

41

The FY2009 requested amount reflects a May 2, 2008 budget amendment that included an additional $39.1 million
for the Federal Bureau of Investigation.
42
The FY2008 enacted level includes supplemental appropriations provided in P.L. 110-252 and P.L. 110-329.

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ȱ

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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řŗȱ

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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.

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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.

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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 ful

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3ARL34540. Public record. Not legal advice.