Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations

Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Commerce, Justice, Science, and Related
Agencies: FY2013 Appropriations
Nathan James, Coordinator
Analyst in Crime Policy
Jennifer D. Williams, Coordinator
Specialist in American National Government
John F. Sargent Jr., Coordinator
Specialist in Science and Technology Policy
March 26, 2012
Congressional Research Service
7-5700
www.crs.gov
R42440
CRS Report for Congress
Prepared for Members and Committees of Congress
Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Summary
On February 13, 2012, President Obama submitted his FY2013 budget to Congress. The
Administration requests a total of $62.076 billion for the agencies and bureaus funded as a part of
the annual Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill. The
Administration’s request includes $7.978 billion for the Department of Commerce, $28.079
billion for the Department of Justice, $25.090 billion for the science agencies, and $929.2 million
for the related agencies. The FY2013 request for CJS is 1.9% greater than the FY2012
appropriation of $60.910 billion.
On November 18, 2011, President Obama signed into law the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55), which included the Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2012 (Division B). The act included $60.910
billion for CJS, of which $7.808 billion was for the Department of Commerce, $27.408 billion
was for the Department of Justice, $24.838 billion was for the science agencies, and $856.6
million was for the related agencies.
This report will track and describe actions taken by the Administration and Congress to provide
FY2013 appropriations for CJS accounts. It also provides an overview of FY2012 appropriations
for agencies and bureaus funded as a part of the annual appropriation for CJS.
The source for the FY2012-enacted amounts is the conference report for the Consolidated and
Further Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested
amounts were taken from the congressional budget submissions for the Department of
Commerce, the Department of Justice, the Executive Office of the President, the National
Aeronautics and Space Administration, the National Science Foundation, and the appendix to the
Budget of the United States Government, Fiscal Year 2013.
Congressional Research Service
Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Contents
FY2013 Appropriations ................................................................................................................... 1
Survey of Selected Issues ................................................................................................................ 3
Department of Commerce ......................................................................................................... 3
Department of Justice (DOJ) ..................................................................................................... 3
Science Agencies ....................................................................................................................... 4
Related Agencies ....................................................................................................................... 4
Department of Commerce................................................................................................................ 5
FY2012 and FY2013 Appropriations ........................................................................................ 6
International Trade Administration (ITA).................................................................................. 7
Bureau of Industry and Security (BIS) ...................................................................................... 8
Economic Development Administration (EDA)........................................................................ 9
Minority Business Development Agency (MBDA) ................................................................ 11
Economic and Statistics Administration (ESA)....................................................................... 11
Census Bureau......................................................................................................................... 11
National Telecommunications and Information Administration (NTIA) ................................ 12
U.S. Patent and Trademark Office (USPTO)........................................................................... 13
National Institute of Standards and Technology (NIST) ......................................................... 13
National Oceanic and Atmospheric Administration (NOAA) ................................................. 14
Department of Justice (DOJ) ......................................................................................................... 15
FY2012 and FY2013 Appropriations ...................................................................................... 16
General Administration ........................................................................................................... 18
General Administration ..................................................................................................... 18
Administrative Review and Appeals (ARA) ..................................................................... 19
Office of the Federal Detention Trustee (OFDT) .............................................................. 19
Office of the Inspector General (OIG) .............................................................................. 19
U.S. Parole Commission.......................................................................................................... 19
Legal Activities........................................................................................................................ 19
General Legal Activities.................................................................................................... 19
Office of the U.S. Attorneys.............................................................................................. 20
Other Legal Activities ....................................................................................................... 20
U.S. Marshals Service (USMS)............................................................................................... 20
National Security Division (NSD)........................................................................................... 22
Interagency Law Enforcement................................................................................................. 22
Federal Bureau of Investigation (FBI)..................................................................................... 22
Drug Enforcement Administration (DEA) .............................................................................. 24
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ............................................... 25
Federal Prison System (Bureau of Prisons, BOP) ................................................................... 27
Office on Violence Against Women (OVW) ........................................................................... 28
Office of Justice Programs (OJP) ............................................................................................ 29
Research, Evaluation, and Statistics.................................................................................. 30
State and Local Law Enforcement Assistance................................................................... 30
Juvenile Justice Programs ................................................................................................. 32
Public Safety Officers Benefits Program (PSOB)............................................................. 33
Community Oriented Policing Services (COPS)..................................................................... 33
The Crime Victims Fund ......................................................................................................... 35
Science Agencies ........................................................................................................................... 36
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
FY2012 and FY2013 Appropriations ...................................................................................... 36
Office of Science and Technology Policy (OSTP) .................................................................. 37
National Aeronautics and Space Administration (NASA)....................................................... 38
National Science Foundation (NSF)........................................................................................ 40
Related Agencies ........................................................................................................................... 45
Commission on Civil Rights ................................................................................................... 45
Equal Employment Opportunity Commission (EEOC) .......................................................... 46
U.S. International Trade Commission (ITC) ........................................................................... 46
Legal Services Corporation (LSC) .......................................................................................... 47
Marine Mammal Commission (MMC).................................................................................... 47
Office of the U.S. Trade Representative (USTR) .................................................................... 48
State Justice Institute (SJI) ...................................................................................................... 48
Tables
Table 1. CJS Appropriations, FY2012-Enacted and FY2013 Request ............................................ 2
Table 2. Funding for the Department of Commerce ........................................................................ 7
Table 3. Funding for EDA Programs and Salaries and Expenses .................................................. 10
Table 4. Funding for the Department of Justice............................................................................. 17
Table 5. Funding for OVW Programs............................................................................................ 29
Table 6. Funding for Research, Evaluation, and Statistics............................................................. 30
Table 7. Funding for State and Local Law Enforcement Assistance Programs ............................. 31
Table 8. Funding for Juvenile Justice Programs ............................................................................ 33
Table 9. Funding for Community Oriented Policing Services Programs ...................................... 34
Table 10. Funding for Science Agencies........................................................................................ 37
Table 11. Funding for NASA......................................................................................................... 40
Table 12. NSF Funding by Major Account.................................................................................... 44
Table 13. Funding for Related Agencies........................................................................................ 45
Table 14. Funding for CJS Agencies, by Account, FY2009-FY2013............................................ 49
Contacts
Author Contact Information........................................................................................................... 52
Key Policy Staff............................................................................................................................. 53
Congressional Research Service
Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
FY2013 Appropriations
This report will track and provide an overview of actions taken by the Administration and
Congress to provide FY2013 appropriations for Commerce, Justice, Science, and Related
Agencies (CJS) accounts. It also provides an overview of enacted FY2012 appropriations for
agencies and bureaus funded as a part of the annual appropriation for CJS. The source for the
FY2012-enacted amounts is the conference report for the Consolidated and Further Continuing
Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested amounts were taken
from the congressional budget submissions for the Department of Commerce, the Department of
Justice, the Executive Office of the President, the National Aeronautics and Space
Administration, the National Science Foundation, and the appendix to the Budget of the United
States Government, Fiscal Year 2013.
The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (P.L. 112-55)
included a total of $60.910 billion for the bureaus and agencies funded as a part of the act. The
act included $7.808 billion for the Department of Commerce, $27.408 billion for the Department
of Justice, $24.838 billion for the science agencies, and $856.6 million for the related agencies.
For FY2013, the Administration requests a total of $62.076 billion for the agencies and bureaus
funded as a part of the annual Commerce, Justice, Science, and Related Agencies appropriations
bill. The Administration’s request includes $7.978 billion for the Department of Commerce,
$28.079 billion for the Department of Justice, $25.090 billion for the science agencies, and
$929.2 million for the related agencies. The FY2013 request for CJS is 1.9% greater than the
FY2012 appropriation of $60.910 billion.
The amounts in this report reflect only new budget authority. Therefore, the amounts do not
include any rescissions of unobligated or de-obligated balances that may be counted as offsets to
newly enacted budget authority, nor do they include any scorekeeping credits.
Table 1 shows the FY2012-enacted appropriations and the Administration’s FY2013 request for
the Department of Commerce, the Department of Justice, the science agencies, and the related
agencies. Table 14 shows enacted appropriations for these agencies, in detail, for FY2009
through FY2012.
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A Note on the Budget Control Act of 20111
FY2013 discretionary appropriations will be considered in the context of the Budget Control Act of 2011 (BCA, P.L.
112-25), which established discretionary spending limits for FY2012-FY2021. The BCA also tasked a Joint Select
Committee on Deficit Reduction to develop a federal deficit reduction plan for Congress and the President to enact
by January 15, 2012. The failure of Congress and the President to enact deficit reduction legislation by that date
triggered an automatic spending reduction process established by the BCA, consisting of a combination of
sequestration and lower discretionary spending caps, to begin on January 2, 2013.The sequestration process for
FY2013 requires across-the-board spending cuts at the account and program level to achieve equal budget reductions
from both defense and nondefense funding at a percentage to be announced by the Office of Management and Budget.
As a result, the FY2013 CJS appropriation will be considered by Congress with the understanding that enacted
funding levels will likely be subject to significant cuts in the nondefense category under the sequestration process
unless legislation specifically repealing the sequestration provisions of the BCA is enacted by Congress before
next January.
This report does not reflect the scorekeeping adjustments that may bring the total budget authority provided in the
appropriations proposals in line with the BCA caps and the 302(a) and 302(b) allocations.
Table 1. CJS Appropriations, FY2012-Enacted and FY2013 Request
(budget authority in millions of dollars)
Departments and
Related Agencies
FY2012
Enacted
FY2013
Request
Department of Commerce
$7,807.7
$7,977.7
Department of Justice
27,407.7
28,078.8
Science Agencies
24,837.6
25,090.4
Related Agencies
856.6
929.2
60,909.6a
62,076.1b
Total
HousePassed
SenatePassed
FY2013
Enacted
Source: FY2012-enacted amounts were taken from the conference report for the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested amounts were taken
from the congressional budget submissions for the Department of Commerce, the Department of Justice, the
Executive Office of the President, the National Aeronautic and Space Administration, the National Science
Foundation, and the appendix to the Budget of the United States Government, Fiscal Year 2013.
Notes: Amounts may not add to totals due to rounding.
a.
This amount does not include $905.9 million in rescissions of unobligated balances.
b.
This amount does not include a proposed rescission of $367.9 million in unobligated balances.
1
For more information on the Budget Control Act (P.L. 112-25), see CRS Report R41965, The Budget Control Act of
2011, by Bill Heniff Jr., Elizabeth Rybicki, and Shannon M. Mahan.
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Survey of Selected Issues
Department of Commerce
Some issues Congress might consider while debating FY2013 funding for the Department of
Commerce include the following:
•
whether to accept the Administration’s proposed $24.0 million increase for the
International Trade Administration (ITA) to form a new Interagency Trade
Enforcement Center (TEC) for the purpose of challenging unfair trade practices
around the world, particularly in China;
•
whether to provide $30.3 million in additional funding for FY2013 for ITA to
promote U.S. exports effectively and efficiently to high-growth markets such as
China, India, and Brazil by expanding the presence of the Foreign Commercial
Service in these countries;
•
continued oversight of the President’s Export Control Reform Initiative—under
the Bureau of Industry and Security—the end goal of which is to create a single
licensing authority for both dual-use and munitions exports;
•
whether to provide the additional funding requested for the National
Telecommunications and Information Administration (NTIA) so it can create and
support a First Responder Network Authority, which the NTIA is required to do
under the Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96);
•
providing resources to the Census Bureau for the 2012 economic census so that
the bureau can mail about 4.6 million report forms to 3.1 million businesses and
conduct various activities designed to maximize responses to the forms; and
•
whether to adopt the Administration’s proposal to decrease funding for the
National Oceanic and Atmospheric Administration’s National Ocean Service,
which is responsible for ocean and coastal programs.
Department of Justice (DOJ)
Some issues Congress might consider while determining funding levels for DOJ accounts include
the following:
•
whether to accept the Administration’s proposal to consolidate the Office of the
Federal Detention Trustee and the U.S. Marshals Service;
•
whether to invest in more permanent detention bedspace to hold the growing
number of federal detainees;
•
whether to adopt the Administration’s proposal to close the Federal Bureau of
Investigation’s National Gang Intelligence Center;
•
whether the Drug Enforcement Administration will have sufficient funding to
carry out added responsibilities that were previously under the purview of the
National Drug Intelligence Center;
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•
whether the Bureau of Prisons has an adequate level of resources to properly
manage the growing federal prison population;
•
whether receipts from the Crime Victims Fund should be used to fund several
DOJ grant programs that have traditionally received direct appropriations; and
•
whether there is a need for additional funding for the Community Oriented
Policing Service’s hiring programs given the budget reductions many state and
local law enforcement agencies have faced due to the recession.
Science Agencies
Among the issues facing the science agencies that Congress may opt to address in the FY2013
appropriations process are the following:
•
whether the current direction for the U.S. human spaceflight program, established
in October 2010 by the National Aeronautics and Space Administration
Authorization Act of 2010 (P.L. 111-267), can be implemented successfully in a
period of increased budgetary constraint, as well as the potential impact of
human spaceflight’s funding needs on the availability of funding for other
National Aeronautics and Space Administration programs, such as science,
aeronautics, and education;
•
whether and how to address changes in the composition of National Science
Foundation (NSF) funding toward research and away from education over the
FY2003 to FY2012 period;
•
whether to continue efforts to double NSF funding as proposed by the
Administration and previously authorized by Congress, and if so, at what pace;
and
•
whether to increase funding for the Office of Science and Technology Policy
(OSTP) as requested by the Administration, and if so, by how much; and whether
to continue to restrict OSTP from engaging in certain activities with China or any
Chinese-owned company by prohibiting, with limited exceptions, the use of
appropriated funds for such activities.
Related Agencies
Some of the issues Congress might consider while determining the FY2013 funding levels for the
related agencies include the following:
•
whether to continue to increase resources for the Equal Employment Opportunity
Commission so it can continue to manage its caseload;
•
whether to approve the Administration’s request for an additional $1.7 million for
the Office of the U.S. Trade Representative to help form a new Interagency Trade
Enforcement Center (TEC) that would challenge unfair trade practices around the
world, particularly China;
•
whether to approve the Administration’s proposal that the Legal Services
Corporation restrictions on class action suits be eliminated; and
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•
whether the Legal Services Corporation could save money by encouraging
private attorneys to help legal services programs by providing pro bono services.
Department of Commerce2
The Department of Commerce (Commerce Department) originated in 1903 with the
establishment of the Department of Commerce and Labor.3 The separate Commerce Department
was established on March 4, 1913.4 The department’s responsibilities are numerous and quite
varied; its activities center on five basic missions: (1) promoting the development of U.S.
business and increasing foreign trade; (2) improving the nation’s technological competitiveness;
(3) encouraging economic development; (4) fostering environmental stewardship and assessment;
and (5) compiling, analyzing, and disseminating statistical information on the U.S. economy and
population.
The following agencies within the Commerce Department carry out these missions:
•
International Trade Administration (ITA) seeks to develop the export potential of
U.S. firms and improve the trade performance of U.S. industry;
•
Bureau of Industry and Security (BIS) enforces U.S. export laws consistent with
national security, foreign policy, and short-supply objectives;
•
Economic Development Administration (EDA) provides grants for economic
development projects in economically distressed communities and regions;
•
Minority Business Development Agency (MBDA) seeks to promote private- and
public-sector investment in minority businesses;
•
Economic and Statistics Administration (ESA), excluding the Census Bureau,
provides (1) information on the state of the economy through preparation,
development, and interpretation of economic data and (2) analytical support to
department officials in meeting their policy responsibilities;
•
Census Bureau, a component of ESA, collects, compiles, and publishes a broad
range of economic, demographic, and social data;
•
National Telecommunications and Information Administration (NTIA) advises the
President on domestic and international communications policy, manages the
federal government’s use of the radio frequency spectrum, and performs research
in telecommunications sciences;
•
United States Patent and Trademark Office (USPTO) examines and approves
applications for patents for claimed inventions and registration of trademarks;
•
National Institute of Standards and Technology (NIST) assists industry in
developing technology to improve product quality, modernize manufacturing
2
This section was coordinated by Jennifer D. Williams, Specialist in American National Government, CRS
Government and Finance Division.
3
32 Stat. 825.
4
15 U.S.C. 1501.
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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 President Obama indicated in his January 24, 2012, State of the Union Address,5 the
Administration is seeking authority to reorganize and consolidate the federal government, an
initiative with potentially great significance for the Commerce Department.6 The President’s first
action if granted this authority would be to consolidate and combine the Department’s “core
business and trade functions,” the Small Business Administration, the Office of the U.S. Trade
Representative, the Export-Import Bank of the United States, the Overseas Private Investment
Corporation, and the Trade and Development Agency into a new department.7 The Census
Bureau, the Bureau of Economic Analysis, and the Department of Labor’s Bureau of Labor
Statistics also would move to the new department, as a statistics division. NOAA would transfer
to the Department of the Interior, and the Commerce Department would cease to exist as such.8
FY2012 and FY2013 Appropriations
Table 2 presents the following funding information for the Department of Commerce as a whole
and for each of its agencies or bureaus: the FY2012-enacted funding level and the
Administration’s FY2013 request. The FY2012-enacted amount for the Commerce Department
was $7.808 billion. The FY2013 request of $7.978 billion is $169.9 million (2.2%) more than the
FY2012-enacted funding amount. The $5.049 billion request for the National Oceanic and
Atmospheric Administration represents almost two-thirds (63.3%) of the total for the department.
Other large requests are $970.4 million for the Census Bureau, 12.2% of the Commerce
Department total, and $857.0 million for the National Institute of Standards and Technology,
10.7% of the total.
5
The White House, Office of the Press Secretary, “State of the Union Address,” January 24, 2012,
http://www.whitehouse.gov/the-press-office/2012/01/24/remarks-president-state-union-address.
6
S. 2129, introduced on February 17, 2012 by Senator Lieberman and cosponsored by Senator Warner, would provide
the President with the requested broad reorganization and consolidation authority. The bill has been referred to the
Senate Committee on Homeland Security and Governmental Affairs.
7
The White House, Office of the Press Secretary, “Government Reorganization Fact Sheet,” January 13, 2012,
http://www.whitehouse.gov/the-press-office/2012/01/13/government-reorganization-fact-sheet; and “Press Gaggle by
Press Secretary Jay Carney and OMB Deputy Director for Management Jeff Zients,” January 13, 2012,
http://www.whitehouse.gov/the-press-office/2012/01/13/press-gaggle-press-secretary-jay-carney-and-omb-deputydirector-manageme.
8
Ibid.
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Table 2. Funding for the Department of Commerce
(budget authority in millions of dollars)
Bureau or Agency
International Trade
Administration
FY2012
Enacted
FY2013
Request
$455.6
$517.0
Bureau of Industry and
Security
101.0
102.3
Economic Development
Administration
457.5
219.7
Minority Business
Development Agency
30.3
28.7
Economic and Statistics
Administration (excluding
Census)
96.0
100.3
888.3
970.4
45.6
46.9
Patent and Trademark
Officea
2,706.3
2,953.0
Offsetting Fee Receipts
(USPTO)
-2,706.3
-2,953.0
750.8
857.0
4,893.7
5,048.5
88.9
86.8
7,807.7
7,977.7
Census Bureau
National
Telecommunications and
Information Administration
National Institute of
Standards and Technology
National Oceanic and
Atmospheric Administration
Departmental Management
Total: Department of
Commerce
HousePassed
SenatePassed
FY2013
Enacted
Source: FY2012-enacted amounts were taken from the conference report for the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). The FY2013-requested amounts were
taken from the U.S. Department of Commerce’s FY2013 congressional budget submission.
Notes: Amounts may not add to totals due to rounding.
a.
The U.S. Patent and Trademark Office (USPTO) is fully funded by user fees. The fees collected but not
obligated during the current year are available for obligation in the following fiscal year and do not count
toward the appropriation totals. Only newly appropriated funds count toward the annual appropriation
totals. Total figures for the Department of Commerce exclude PTO.
International Trade Administration (ITA)9
The International Trade Administration (ITA) provides export promotion services, works to
ensure compliance with trade agreements, administers trade remedies such as antidumping and
9
This section was written by M. Angeles Villarreal, Specialist in International Trade and Finance, CRS Foreign
Affairs, Defense, and Trade Division.
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countervailing duties, and provides analytical support for ongoing trade negotiations. ITA’s
mission is to improve U.S. prosperity by strengthening the competitiveness of U.S. industry,
promoting trade and investment, and ensuring compliance with trade laws and agreements. ITA
strives to accomplish this through the following organizational units: (1) the Manufacturing and
Services Unit, which is responsible for certain industry analysis functions and promoting the
competitiveness and expansion of the U.S. manufacturing sector; (2) the Market Access and
Compliance Unit, which is responsible for monitoring foreign country compliance with trade
agreements, identifying compliance problems and market access obstacles, and informing U.S.
firms of foreign business practices and opportunities; (3) the Import Administration Unit, which is
responsible for administering the trade remedy laws of the United States; (4) the Trade
Promotion/U.S. Foreign Commercial Service program, which is responsible for conducting trade
promotion programs, providing U.S. companies with export assistance services, and leading
interagency advocacy efforts for major overseas projects; and (5) the Executive and
Administrative Directorate, which is responsible for providing policy leadership, information
technology support, and administration services for all of ITA.
The Administration requests $517.0 million for ITA for FY2013 and anticipates the collection of
$9.4 million in user fees, which would raise available funds to $526.4 million. The requested
amount is $61.4 million (13.5%) more than the FY2012-enacted amount of $455.6 million. In the
2012 State of the Union Address, the President called for the creation of a new trade enforcement
unit to enhance U.S. capabilities to challenge unfair trade practices aggressively around the
world, particularly in China. The Administration’s request for ITA includes an increase of $24.0
million to help create a new Interagency Trade Enforcement Center (ITEC) for this purpose. In
addition, the Administration is requesting an increase of $30.3 million to help promote U.S.
exports by enhancing the Foreign Commercial Service’s presence in high-growth markets such as
China, India, and Brazil.10
Bureau of Industry and Security (BIS)11
The Bureau of Industry and Security (BIS) administers export controls on dual-use goods and
technology through its licensing and enforcement functions. It cooperates with other nations on
export control policy and provides assistance to the U.S. business community to comply with
U.S. and multilateral export controls. BIS also administers U.S. anti-boycott statutes and is
charged with monitoring the U.S. defense industrial base. Authorization for the activities of BIS,
the Export Administration Act (50 U.S.C. App. 2401, et seq.) last expired in August 2001. On
August 17, 2001, President George W. Bush invoked the authorities granted by the International
Economic Emergency Powers Act (50 U.S.C. 1703(b)) to continue in effect the system of controls
contained in the act and in the Export Administration Regulations (15 C.F.R., Parts 730-799), and
these authorities have been renewed yearly.
For FY2013, the Administration’s request for BIS is $102.3 million, a $1.3 million (1.3%)
increase from the FY2012-enacted funding level of $101.0 million. The Administration’s FY2013
funding request is divided among licensing activity ($58.4 million), enforcement activity
($38.1 million), and management and policy coordination ($5.8 million). Of these amounts,
10
International Trade Administration, Budget Estimates Fiscal Year 2013 Congressional Submission.
This section was written by Ian F. Fergusson, Specialist in International Trade and Finance, CRS Foreign Affairs,
Defense, and Trade Division.
11
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$14.8 million is requested for Chemical Weapons Convention (CWC) enforcement. The $1.3
million increase in the BIS request is primarily to increase the number of personnel in the Office
of Export Administration (OEA) to support the proposed transfer of some licensing activity
presently conducted by the Department of State as a result of the ongoing export control reform
effort. BIS estimates that the additional personnel would cost $6.24 million, with the difference
from the appropriations request made up from savings elsewhere in the bureau’s budget. BIS
seeks budget authority for 392 positions in FY2013, an increase of 24 positions from the
previous year.
Economic Development Administration (EDA)12
The Economic Development Administration (EDA) was created pursuant to the enactment of the
Public Works and Economic Development Act of 1965,13 with the objective of fostering growth
in economically distressed areas characterized by high levels of unemployment and low percapita income levels. Federally designated disaster areas and areas affected by military base
realignment or closure (BRAC) are also eligible for EDA assistance. EDA provides grants for
public works, economic adjustment in case of natural disasters or mass layoffs, technical
assistance, planning, and research.14
The Administration’s FY2013 request of $219.7 million for EDA represents a $237.8 million
(52.0%) decrease from the FY2012-enacted funding level of $457.5 million, or $37.8 million
(14.7%) less if the $200.0 million in emergency disaster assistance is excluded from EDA’s
FY2012-enacted funding. In addition to $200.0 million in emergency disaster assistance, the
FY2012-enacted appropriation included $220.0 million for EDA program activities and $37.5
million for salaries and expenses. The FY2013 request includes $37.7 million for the salaries and
expenses account and $182.0 million for EDA assistance programs. The specific programs and
their requested funding levels include
•
$40.5 million for the 21st Century Innovation Infrastructure program (the
proposed successor to the longstanding EDA Public Works program);
•
$60.2 million for the Economic Adjustment Assistance program;
•
$27.0 million for the Partnership Planning Grants Program (the proposed
successor to the EDA Planning program);
•
$12.0 million for Technical Assistance;
•
$1.5 million for Research and Evaluation;
•
$15.8 million for Trade Adjustment Assistance; and
•
$25.0 million for the new Regional Innovation Strategies (Growth Zones)
Program established under the America COMPETES Act (P.L. 111-358).
The Administration did not request funding for the Global Climate Change Mitigation Fund.
12
This section was written by Eugene Boyd, Analyst in Federalism and Economic Development Policy, CRS
Government and Finance Division.
13
P.L. 89-136; 42 U.S.C. 3121.
14
For additional information on EDA’s statutory history, see CRS Report R41241, Economic Development
Administration: A Review of Elements of Its Statutory History, by Eugene Boyd.
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The Administration’s FY2013 budget request for EDA proposes to reduce overall funding for
EDA programs, excluding salaries and expenses and supplemental disaster funding, by 17.3%,
from $220.0 million to $182.0 million. The budget also proposes to reduce what has been EDA’s
most highly funded program, public works grants, by 63.7%, from $111.6 million in FY2012 to
$40.5 million in FY2013. The proposed reduction in funding for public works coupled with a
proposed 20.3% increase in funding for Economic Adjustment Assistance (from $50.1 million to
$60.2 million), and a $25.0 million appropriation request for the Administration’s new Regional
Innovation Strategies Program marks a shift in the focus of EDA assistance. The proposed budget
would place greater emphasis on projects intended to support job creation through regional
innovation clusters;15 facilities that support innovation such as research parks and business
incubators; and strategic planning activities, and would de-emphasize EDA’s capacity to fund
public works projects (see Table 3).
Table 3. Funding for EDA Programs and Salaries and Expenses
(in millions of dollars)
FY2012
Enacted
FY2013
Request
HousePassed
Economic Development
Assistance Programs
$220.0
$182.0
Public Works
111.6
40.5
Economic Adjustment
Assistance
50.1a
60.2
Planning Grants
29.0
27.0
Technical Assistance
12.0
12.0
Research and Evaluation
1.5
1.5
Global Climate Change
Mitigation
0.0
0.0
Regional Innovation
—b
25.0
15.8
15.8
37.5
37.7
Disaster Relief Assistance
200.0
—
Total
457.5
219.7
Trade Adjustment Assistance
Salaries and Expenses
SenatePassed
FY2013
Enacted
Source: FY2012-enacted amounts were taken from the conference report for the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested amounts were taken
from the U.S. Department of Commerce’s FY2013 congressional budget submission.
a.
Includes set asides for the following activities: $5.0 million for loan guarantees in support of innovative
technologies used or developed by small and mid-size businesses, and $5.0 million for loan guarantees and
grants to support regional innovation program activities.
b.
The Administration had requested a separate appropriation for Regional Innovation Program activities. Loan
guarantees will be funded under the Economic Adjustment Assistance program.
15
Regional innovation clusters, according to EDA, are networks of similar, synergistic, or complementary entities that
support a single industry sector and its various supply chains.
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Minority Business Development Agency (MBDA)16
The Minority Business Development Agency (MBDA), established by Executive Order 11625 on
October 13, 1971, is charged with the lead role in coordinating all of the federal government’s
minority business programs.17 As part of its strategic plan, MBDA seeks to develop an industryfocused, 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 is measured in increased gross
receipts, number of employees, and size and scale of firms associated with minority business
enterprise.
The Administration’s FY2013 request for MBDA is $28.7 million. This is 5.4%, or $1.7 million,
less than the $30.3 million appropriated in FY2012. The proposed $1.7 million reduction will be
achieved by closing MBDA’s five regional offices and reassigning staff to Washington, D.C.
According to its budget justification document, the proposed funding level for FY2013 will assist
in the creation of 5,000 new jobs.
Economic and Statistics Administration (ESA)18
The Economic and Statistics Administration (ESA) provides economic data, analysis, and
forecasts to government agencies and, when appropriate, to the public. ESA includes the Census
Bureau (discussed separately) and the Bureau of Economic Analysis (BEA). ESA has three core
missions: to maintain a system of economic data, to interpret and communicate information about
the forces at work in the economy, and to support the information and analytical needs of the
executive branch. Funding for ESA includes two primary accounts: ESA headquarters and BEA.
ESA headquarters staff provide economic research and policy analysis in support of the Secretary
of Commerce, as well as oversight of the Census Bureau and BEA. The BEA account funds BEA
activities, among which are producing estimates of national gross domestic product and related
measures.
The Administration’s request for BEA in FY2013 is $100.3 million, $4.3 million (4.4%) more
than the FY2012-enacted amount.
Census Bureau19
The U.S. Constitution requires a population census every 10 years, to serve as the basis for
apportioning seats in the House of Representatives.20 Decennial census data are also used for
within-state redistricting and in certain formulas that determine the annual distribution of more
than $400 billion in federal funds to states and localities. The Census Bureau, established as a
16
This section was written by Eugene Boyd, Analyst in Federalism and Economic Development Policy, CRS
Government and Finance Division.
17
36 Federal Register 19967; 3 C.F.R., 1971-1975 Comp. 9. 616.
18
This section was written by Jennifer D. Williams, Specialist in American National Government, CRS Government
and Finance Division.
19
This section was written by Jennifer D. Williams, Specialist in American National Government, CRS Government
and Finance Division.
20
See Article 1, Section 2, clause 3, as modified by Section 2 of the 14th Amendment.
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permanent office on March 6, 1902,21 conducts the 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 Census Bureau in FY2013, the Administration requests $970.4 million, $82.1 million
(9.2%) more than the $888.3 million enacted for FY2012. Of the total request, $259.2 million—
$5.8 million (2.3%) above the $253.3 million enacted for FY2012—is for the bureau’s salaries
and expenses account, and $711.3 million—$76.3 million (12.0%) more than the $635.0 million
appropriated for FY2012—is for the periodic censuses and programs account.22 Included in the
latter account are the census of governments and the economic census, two quinquennial data
collections integral to the estimates of gross domestic product generated by the Bureau of
Economic Analysis. In FY2013, a crucial year for the 2012 economic census, the bureau will mail
about 4.6 million report forms to 3.1 million businesses and conduct various activities intended to
maximize responses to the forms. Also included in periodic programs are the decennial census
and the American Community Survey (ACS),23 a continuous data collection that replaced the old
decennial census long form, which last was sent to an approximately 17% sample of U.S.
households in conjunction with the 2000 census.
The FY2012-enacted amount for salaries and expenses was $18.7 million (6.9%) below the
requested $272.1 million. Periodic programs received $117.7 million (15.6%) less than the
requested $752.7 million. This shortfall meant, among other things, that the bureau ended work
on 20 planned reports to evaluate the 2010 census and inform 2020 census planning, and could
not make the software enhancements necessary to improve access to decennial census and related
data on the bureau’s new American FactFinder website.24
National Telecommunications and Information Administration
(NTIA)25
The National Telecommunications and Information Administration (NTIA) is the executive
branch’s principal advisory office on domestic and international telecommunications and
information technology policies. Its mandate is to provide greater access for all Americans to
telecommunications services, support U.S. attempts to open foreign markets, advise on
international telecommunications negotiations, and fund grants for new technologies and their
applications. Its role in federal spectrum management includes acting as a facilitator and mediator
in negotiations among the various federal agencies regarding usage, priority access, causes of
interference, and other radio spectrum questions. In recent years, one of the responsibilities of the
21
32 Stat. 51.
The conference report for H.R. 2112, P.L. 112-55, provides that, of the $690.0 million for periodic censuses and
programs in FY2012, to remain available until September 30, 2013, $635.0 million “is appropriated from the general
fund,” and $55.0 million “is derived from available unobligated balances from the Census Working Capital Fund.” U.S.
Congress, Conference Committee, Agriculture, Rural Development, Food and Drug Administration, and Related
Agencies Programs for the Fiscal Year Ending September 30, 2012, and for Other Purposes, conference report to
accompany H.R. 2012, 112th Cong., 1st sess., H.Rept. 112-284 (Washington: GPO, 2011), p. 43.
23
For a discussion of the ACS, see CRS Report R41532, The American Community Survey: Development,
Implementation, and Issues for Congress, by Jennifer D. Williams.
24
See U.S. Bureau of the Census, American FactFinder, http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml.
25
This section was written by Linda K. Moore, Specialist in Telecommunications and Spectrum Policy, CRS
Resources, Science, and Industry Division.
22
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
NTIA has been to oversee the transfer of some radio frequencies from the federal domain to the
commercial domain. Many of these frequencies have subsequently been auctioned to the
commercial sector and the proceeds paid into the U.S. Treasury.
For FY2013, the Administration proposes $46.9 million for NTIA salaries and expenses. This is
an increase of $1.4 million (3.0%) over the enacted FY2012 budget amount of $45.6 million.
The Middle Class Tax Relief and Job Creation Act of 2012 (P.L. 112-96) has given the NTIA new
responsibilities to create and support a First Responder Network Authority, which is responsible
for planning, building, and managing a new nationwide broadband network for public safety
communications. The law requires the NTIA, in consultation with the First Responder Network
Authority, to establish grant program requirements for a State and Local Implementation Fund.
The NTIA is also to determine grant amounts for states that participate in the deployment of the
network administered by the First Responder Network Authority. Separately, the NTIA will
administer grants and spectrum access for states that do not participate in the national network
and that receive permission from the Federal Communications Commission to build a state
network. The NTIA will also be responsible for collecting auction proceeds and making
distributions from a Public Safety Trust Fund that remains in effect through FY2022. These
additional required activities are partly anticipated in the FY2013 budget request as submitted by
the NTIA, but may require additional appropriations for the upcoming fiscal year and in future
years.
U.S. Patent and Trademark Office (USPTO)26
The U.S. Patent and Trademark Office (USPTO) examines and approves applications for patents
on claimed inventions and administers the registration of trademarks. It also helps other federal
departments and agencies protect American intellectual property in the international marketplace.
The USPTO is funded by user fees paid by customers that are designated as “offsetting
collections” and subject to spending limits established by Congress.
The President’s FY2013 budget requests $2.953 billion in budget authority for the USPTO, an
increase of $246.7 million (9.1%) over the FY2012 figure of $2.706 billion. Any fees collected in
excess of this amount are to be deposited in the Patent and Trademark Fee Reserve Fund
established by P.L. 112-29 (the Leahy-Smith America Invents Act) and “shall remain available
until expended.”
National Institute of Standards and Technology (NIST)27
The National Institute of Standards and Technology (NIST) is a laboratory of the Department of
Commerce with a mandate to increase the competitiveness of U.S. companies through appropriate
support for industrial development of pre-competitive, generic technologies and the diffusion of
government-developed technological advances to users in all segments of the American economy.
NIST research also provides the measurement, calibration, and quality assurance techniques that
26
This section was written by Wendy H. Schacht, Specialist in Science and Technology Policy, CRS Resources,
Science, and Industry Division.
27
This section was written by Wendy H. Schacht, Specialist in Science and Technology Policy, CRS Resources,
Science, and Industry Division.
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
underpin U.S. commerce, technological progress, improved product reliability, manufacturing
processes, and public safety.
The President’s FY2013 budget requests $857.0 million for NIST, an increase of $106.2 million
(4.1%) over the $750.8 million appropriated in FY2012. Included in this figure is $648.0 million
for research and development in the Scientific and Technical Research and Services (STRS)
account, 14.3% above the FY2012 amount of $567.0 million. Under the Industrial Technology
Services (ITS) account, the Manufacturing Extension Partnership (MEP) program is to receive
$128.0 million, a 0.3% decrease from FY2012 funding of $128.4 million. Also included in ITS,
the Administration again proposes the creation of a new activity, the Advanced Manufacturing
Technology Consortia (AMTech), which was not funded when it was included in the FY2012
budget. In FY2013, support for AMTech would total $21.0 million. The requested appropriation
for the construction budget is $60.0 million, 8.3% above the $55.4 million for FY2012.
In addition to the appropriations included in the budget request that are to be addressed through
the annual appropriations process, the Administration proposes two new programs that are to be
funded through mandatory appropriations (spending that is typically “provided in permanent or
multi-year appropriations contained in the authorizing law, and therefore, the funding becomes
available automatically each year, without legislative action by Congress”28). Up to $300.0
million generated by the proceeds of the spectrum auction is to support the Wireless Innovation
Fund, and $1.000 billion is to be provided for establishment of the National Network for
Manufacturing Innovation.
National Oceanic and Atmospheric Administration (NOAA)29
The National Oceanic and Atmospheric Administration (NOAA) conducts scientific research in
areas such as ecosystems, climate, global climate change, weather, and oceans; supplies
information on the oceans and atmosphere; and manages coastal and marine resources. NOAA
was created in 1970 by Reorganization Plan No. 4. The reorganization plan was designed to unify
a number of the nation’s environmental activities and to provide a systematic approach for
monitoring, analyzing, and protecting the environment. NOAA’s current administrative structure
has evolved into five line offices, which include the National Environmental Satellite, Data, and
Information Service (NESDIS); the National Marine Fisheries Service (NMFS); the National
Ocean Service (NOS); the National Weather Service (NWS); and the Office of Oceanic and
Atmospheric Research (OAR). In addition to NOAA’s five line offices, Program Support (PS), a
cross-cutting budget activity, includes the NOAA Education Program, Corporate Services,
Facilities, and the Office of Marine and Aviation Operations (OMAO).
For FY2013, the Administration requests a total of $5.049 billion for NOAA, an amount that is
$154.9 million (3.2%) more than the FY2012-enacted amount of $4.894 billion.30 NOAA’s
budget is divided into two main accounts, Operations, Research, and Facilities (ORF) and
28
See CRS Report RL33074, Mandatory Spending Since 1962, by D. Andrew Austin and Mindy R. Levit, p. 2.
This section was written by Harold F. Upton, Analyst in Natural Resources Policy, CRS Resources, Science, and
Industry Division.
30
The NOAA FY2013 total includes requested funding levels for accounts included in H.Rept. 112-284, the conference
report for H.R. 2112, P.L. 112-55. Accounts included in this total include Operations, Research, and Facilities (ORF),
Procurement, Acquisition, and Construction (PAC), the Pacific Coastal Salmon Recovery Fund, the Fishermen’s
Contingency Fund, and the Fisheries Finance Program Account.
29
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Procurement, Acquisition, and Construction (PAC). The Administration proposes funding ORF at
$3.042 billion, 0.7% more than the FY2012-enacted appropriation of $3.022 billion, and PAC at
$1.966 billion, 8.2% more than the FY2012-enacted appropriation of $1.817 billion. In addition,
the Administration requests $50.0 million for the Pacific Coastal Salmon Recovery Fund, 23.1%
less than the FY2012-enacted amount of $65.0 million.31 The Fishermen’s Contingency Fund and
the Fisheries Finance Program Account would remain at FY2012-enacted amounts of $350,000
and $10.0 million, respectively.32
In FY2011, the Senate Committee on Appropriations expressed deep concern about the long-term
drain that the Joint Polar Satellite System could have on NOAA’s other commitments. Some
question whether continuing commitments to fund satellite programs have come at a cost to ocean
and coastal programs. The Administration’s FY2013 request for funding NESDIS PAC and ORF
accounts is $2.041 billion, an amount that is 8.7% more than the FY2012-enacted amount of
$1.877 billion. The Administration’s FY2013 request for funding NOS PAC and ORF accounts
totals $458.5 million, 1.9% less than the FY2012 amount of $467.4 million. From FY2009 to
FY2012, NESDIS funding of PAC and ORF accounts increased by 59.4%, while NOS funding of
PAC and ORF accounts decreased by 13.9%.
Department of Justice (DOJ)33
Established by an act of 187034 with the Attorney General at its head, DOJ provides counsel for
the government in federal cases and protects citizens through law enforcement. It represents the
federal government in all proceedings, civil and criminal, before the Supreme Court. In legal
matters, generally, the department provides legal advice and opinions, upon request, to the
President and executive branch department heads. The major functions of DOJ agencies and
offices are described below.
•
United States Attorneys prosecute criminal offenses against the United States;
represent the federal government in civil actions; and initiate proceedings for the
collection of fines, penalties, and forfeitures owed to the United States.
•
United States Marshals Service provides security for the federal judiciary,
protects witnesses, executes warrants and court orders, manages seized assets,
detains and transports unsentenced prisoners, and apprehends fugitives.
•
Federal Bureau of Investigation (FBI) investigates violations of federal criminal
law; helps protect the United States against terrorism and hostile intelligence
efforts; provides assistance to other federal, state, and local law enforcement
agencies; and shares jurisdiction with Drug Enforcement Administration over
federal drug violations.
31
U.S. Department of Commerce, The Department of Commerce Budget in Brief, Fiscal Year 2013,
http://www.osec.doc.gov/bmi/budget/FY13BIB/fy2013bib_final.pdf.
32
The Fisheries Finance Program Account provides a negative subsidy of approximately $10.0 million annually.
33
This section was written by Nathan James, CRS Analyst in Crime Policy; Kristin M. Finklea, CRS Specialist in
Domestic Security; William J. Krouse, CRS Specialist in Domestic Security and Crime Policy; and Lisa N. Sacco,
Analyst in Illicit Drugs and Crime Policy; CRS Domestic Social Policy Division.
34
28 U.S.C. §501
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
•
Drug Enforcement Administration (DEA) investigates federal drug law
violations; coordinates its efforts with state, local, and other federal law
enforcement agencies; develops and maintains drug intelligence systems;
regulates legitimate controlled substances activities; and conducts joint
intelligence-gathering activities with foreign governments.
•
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces federal law
related to the manufacture, importation, and distribution of alcohol, tobacco,
firearms, and explosives. It was transferred from the Department of the Treasury
to DOJ by the Homeland Security Act of 2002 (P.L. 107-296).
•
Federal Prison System (Bureau of Prisons, BOP) provides for the custody and
care of the federal prison population, the maintenance of prison-related facilities,
and the boarding of sentenced federal prisoners incarcerated in state and local
institutions.
•
Office on Violence Against Women (OVW) coordinates legislative and other
initiatives relating to violence against women and administers grant programs to
help prevent, detect, and stop violence against women, including domestic
violence, sexual assault, and stalking.
•
Office of Justice Programs (OJP) manages and coordinates the activities of the
Bureau of Justice Assistance, Bureau of Justice Statistics, National Institute of
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.35
FY2012 and FY2013 Appropriations
The Administration requests a total of $28.079 billion for DOJ for FY2013 (see Table 4). The
Administration’s request is $671.1 million, or 2.4%, greater than the amount Congress
appropriated for FY2012 ($27.408 billion). The Administration’s proposal would basically flat
fund the DEA, ATF, and the U.S. Attorneys. Under the Administration’s proposal, there would be
a modest increase in the FBI’s and BOP’s budget. However, there would be a significant increase
in the U.S. Marshals Service’s budget, but this is because the Administration proposes to
consolidate the Office of the Federal Detention Trustee and the U.S. Marshals Service. The
35
See, for example, the Crime Control Act of 1984 (P.L. 98-473); the Anti-Drug Abuse Act of 1986 (P.L. 99-570); the
Anti-Drug Abuse Act of 1988 (P.L. 100-690); the Crime Control Act of 1990 (P.L. 101-647); and the Violent Crime
Control and Law Enforcement Act of 1994 (P.L. 103-322).
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Administration also proposes to fund several grant programs under OVW and OJP with receipts
from the Crime Victims Fund.
Table 4. Funding for the Department of Justice
(budget authority in millions of dollars)
Accounts
General Administration
FY2012
Enacted
FY2013
Request
$2,227.9
$556.5
General Administration
262.1
161.1
Administrative Review &
Appeals
301.0
309.4
1,580.6
—a
84.2
86.0
12.8
12.8
3,187.2
3,238.2
863.4
903.6
1,960.0
1,974.4
363.8
360.2
1,189.0
2,881.7a
87.0
90.0
527.5
524.8
Federal Bureau of Investigation
8,118.0
8,232.0
Drug Enforcement
Administration
2,035.0
2,050.9
Bureau of Alcohol, Tobacco,
Firearms and Explosives
1,152.0
1,153.3
Federal Prison System
6,644.0
6,922.1
Office on Violence Against
Women
412.5
412.5c
Office of Justice Programs
1,616.3
1,714.3
113.0
386.0d
1,162.5
1,002.0e
262.5
245.0
Public Safety Officers
Benefits
78.3
81.3
Community Oriented Policing
Services
198.5
289.6
27,407.7
28,078.8
Detention Trustee
Office of the Inspector
General
U.S. Parole Commission
Legal Activities
General legal activities
United States Attorneys
Otherb
United States Marshals Service
National Security Division
Interagency Law Enforcement
Research, Evaluation, and
Statistics
State and Local Law
Enforcement Assistance
Juvenile Justice Programs
Total: Department of
Justice
Congressional Research Service
HousePassed
SenatePassed
FY2013
Enacted
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Source: FY2012-enacted amounts were taken from the conference report for the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested amounts were taken
from the Department of Justice’s FY2013 congressional budget submission.
Note: Amounts may not add to totals due to rounding.
a.
For FY2013, the Administration proposed to merge the Office of the Federal Detention Trustee with the
U.S. Marshals Service (USMS). The Administration’s proposal includes a new Federal Prisoner Detention
account under the USMS to cover the costs associated with the care of federal detainees.
b.
“Other” includes accounts for the Antitrust Division, Vaccine Injury Compensation Trust Fund, U.S.
Trustee System Fund, Foreign Claims Settlement Commission, Fees and Expenses of Witnesses,
Community Relations Service, and the Asset Forfeiture Fund.
c.
For FY2013, $144.5 million of the Administration’s proposed funding for the Office on Violence Against
Women comes from the Crime Victims Fund.
d.
This amount includes $250.0 million for mandatory grants to states for medical malpractice reform.
e.
For FY2013, $220.5 million of the Administration’s proposed funding for the State and Local Law
Enforcement Assistance account comes from the Crime Victims Fund.
General Administration
The General Administration account provides funds for salaries and expenses for the Attorney
General’s office, the Inspector General’s office, and other programs designed to ensure that the
collaborative efforts of DOJ agencies are coordinated to help represent the government and fight
crime as efficiently as possible.
The Administration’s request includes $556.5 million for FY2013. This amount is $1.671 billion
(75%) less than the FY2012-enacted appropriation of nearly $2.228 billion. The bulk of this
decrease is due to the proposed consolidation of the Office of the Federal Detention Trustee and
the U.S. Marshals Service, and the elimination of funding for the National Drug Intelligence
Center as well as for the Law Enforcement Wireless Communications subaccount, as discussed
below.
General Administration
The General Administration account includes funding for Salaries and Expenses for DOJ
administration, as well as for the National Drug Intelligence Center (NDIC), Justice Information
Sharing Technology, and Tactical Law Enforcement Wireless Communications.
For FY2013, the Administration’s request includes nearly $161.1 million for the General
Administration account. This is $101.0 million (38.5%) less than the FY2012-enacted
appropriation of $262.1 million. This decrease is primarily driven by the proposed elimination of
funding for two components of the General Administration account: the NDIC and the Law
Enforcement Wireless Communications subaccount. For FY2012, Congress appropriated $20.0
million to be used for the closure of the NDIC. For FY2013, the Administration proposes fully
closing the NDIC and transferring its functions to the DEA. With respect to the Law Enforcement
Wireless Communications subaccount, the Administration proposes transferring responsibility
(and funding) for legacy radio networks to the appropriate component agencies and giving the
FBI responsibility for the Law Enforcement Radio program.
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Administrative Review and Appeals (ARA)
Administrative Review and Appeals (ARA) includes the Executive Office of Immigration Review
(EOIR) and the Office of the Pardon Attorney (OPA). The Attorney General is responsible for the
review and adjudication of immigration cases in coordination with the Department of Homeland
Security’s (DHS’s) efforts to secure the nation’s borders. The EOIR handles these matters, and the
OPA receives and reviews petitions for executive clemency. The Administration’s request
includes $309.4 million for ARA for FY2013. This is 8.4 million (2.8%) more than the $301.0
million appropriated for FY2012.
Office of the Federal Detention Trustee (OFDT)
The Office of the Federal Detention Trustee (OFDT) provides overall management and oversight
for federal detention services relating to federal prisoners in nonfederal institutions or otherwise
in the custody of the U.S. Marshals Service. For FY2013, the Administration proposes to merge
the OFDT with the U.S. Marshals Service. The costs associated with the care of federal detainees
would be paid for out of a new Federal Prisoner Detention account under the U.S. Marshals
Service’s appropriation.
Office of the Inspector General (OIG)
The Office of the Inspector General (OIG) is responsible for detecting and deterring waste, fraud,
and abuse involving DOJ programs and personnel; promoting economy and efficiency in DOJ
operations; and investigating allegations of departmental misconduct. For FY2013, the
Administration requests almost $86.0 million for the OIG. This is almost $1.8 million (2.1%)
more than the FY2012-enacted appropriation of nearly $84.2 million.
U.S. Parole Commission
The U.S. Parole Commission adjudicates parole requests for prisoners who are serving felony
sentences under federal and District of Columbia code violations. The Administration’s request
for the U.S. Parole Commission is $61,000, or 0.5%, less than the FY2012-enacted appropriation
of $12.8 million.
Legal Activities
The Legal Activities account includes several subaccounts: general legal activities, U.S.
Attorneys, and other legal activities. The Administration’s request includes $3.238 billion for the
Legal Activities Account, nearly $51.0 million (1.6%) over the FY2012-enacted appropriation of
$3.187 billion.
General Legal Activities
The General Legal Activities account funds the Solicitor General’s supervision of the
department’s conduct in proceedings before the Supreme Court. It also funds several
departmental divisions (tax, criminal, civil, environment and natural resources, legal counsel,
civil rights, INTERPOL, and dispute resolution). For FY2013, the Administration’s request
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includes $903.6 million for general legal activities, an increase of $40.2 million (4.7%) over the
FY2012-enacted appropriation of almost $863.4 million.
Office of the U.S. Attorneys
The U.S. Attorneys enforce federal laws through prosecution of criminal cases and represent the
federal government in civil actions in all of the 94 federal judicial districts. For FY2012,
Congress appropriated $1.96 billion for the U.S. Attorneys. For FY2013, the Administration has
requested $1.974 billion for the U.S. Attorneys, a net increase of $14.4 million (0.7%). The
request includes $27.8 million in base increases, less nearly $40.0 million in offsets and other
savings, plus a $26.5 million budget increase for financial and mortgage fraud cases. The $26.5
million for financial and mortgage fraud includes $15.5 million for criminal litigation and $11.0
million for civil litigation. The U.S. Attorneys’ budget submission to Congress indicates that the
FY2013 request would be allocated by budget decision unit as follows:
•
criminal litigation ($1.531 billion),
•
civil litigation ($409.9 million), and
•
legal education ($33.5 million).
Other Legal Activities
Other Legal Activities includes the Antitrust Division, the Vaccine Injury Compensation Trust
Fund, the U.S. Trustee System Fund (which is responsible for maintaining the integrity of the
U.S. bankruptcy system by, among other things, prosecuting criminal bankruptcy violations), the
Foreign Claims Settlement Commission, the Fees and Expenses of Witnesses, the Community
Relations Service, and the Assets Forfeiture Fund. For FY2013, the Administration’s request
includes $360.2 million for other legal activities. This is $3.6 million (1.0%) less than the
FY2012-enacted appropriation of $363.8 million.
U.S. Marshals Service (USMS)
The U.S. Marshals Service (USMS) is responsible for the protection of the federal judicial
process, including protecting judges, attorneys, witnesses, and jurors. In addition, the USMS
provides physical security in courthouses, safeguards witnesses, transports prisoners from court
proceedings, apprehends fugitives, executes warrants and court orders, and seizes forfeited
property. For FY2013, the Administration requests $2.882 billion for the USMS, a proposed
increase of 142.4% over the FY2012-enacted appropriation of $1.189 billion. As discussed above,
the Administration proposes to consolidate the OFDT with the USMS, hence the substantial
proposed increase for the USMS. Of the $2.882 billion the Administration requests for the
USMS, $1.668 billion would be for a new Federal Prisoner Detention account under the USMS.
Funding under this account would be used to cover the costs associated with the care of federal
detainees. The $1.668 billion the Administration requests for the Federal Prisoner Detention
account is 5.5% more than the $1.581 billion Congress appropriated for the OFDT for FY2012.
One issue before Congress as it considers the CJS appropriations bill is whether to accept the
Administration’s proposal to consolidate the OFDT and the USMS. The OFDT was established
out of concern about inadequate planning and management of detention space in DOJ. Congress
created the ODFT so that one entity would be responsible for oversight of detention management,
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as well as improvement and coordination of detention issues. The Administration claims that
merging the OFDT and USMS will save $5.6 million by increasing operational efficiency.36 The
Administration reports that the proposed merger could provide the following advantages:
•
the USMS would be responsible for formulating the detention budget and
accountable for any shortfalls related to its operation;
•
the reimbursable agreement the USMS has with the OFDT would not be needed,
thereby eliminating bureaucratic layers to the financial process; and
•
it would allow the staff of the OFDT to continue its mission to find efficiencies in
the detention system, but under a single command structure within the USMS.37
The Administration’s proposal appears to simply move the OFDT’s responsibilities under the
authority of the USMS. As such, the USMS would be responsible for coordinating the
procurement of detention space for all federal detainees. Prior to the establishment of the OFDT,
the USMS and U.S. Immigration and Customs Enforcement (ICE, which was the Immigration
and Naturalization Service when the OFDT was established) were both responsible for procuring
detention space for detainees under their authority.
Another issue Congress might consider is whether to invest in more permanent detention space
for federal detainees. The Administration reports that it expects the average daily population to
increase by approximately 1,900 detainees between FY2011 and FY2013.38 The average daily
population is dependent upon the number of people arrested and the length of time defendants are
detained pending adjudication, release, or subsequently transferred to a federal prison following
conviction and sentencing. The Administration reports that anticipated law enforcement
initiatives on the southwest border that address drug and firearms trafficking are expected to
increase the average time in detention.39 Moreover, there has been a increase in the number of
people arrested for immigration-related offenses, but the effect of these arrests on the average
time in detention has been mitigated by policies adopted by the U.S. Attorneys, the Department of
Homeland Security, and the federal judiciary to fast-track these cases through the federal criminal
justice system.
Detention bedspace for federal detainees is acquired through (1) federal detention facilities,
where the government pays for construction and subsequent operation of the facility through the
Bureau of Prisons; (2) Intergovernmental Agreements (IGA) with state and local jurisdictions
who have excess prison/jail bed capacity and receive a daily rate for the use of a bed; (3) private
jail facilities where a daily rate is paid per bed; and (4) the Capital Improvement Program (CIP),
which includes the Cooperative Agreement Program (CAP)40 and the Non-refundable Service
Charge (NSCC)41 contract, where capital investment funding is provided to state and local
36
U.S. Department of Justice, U.S. Marshals Service, FY2013 Performance Budget, President’s Budget, Federal
Prisoner Detention Appropriation, February 2012, p. 42, http://www.justice.gov/jmd/2013justification/pdf/fy13-fpdjustification.pdf.
37
Ibid.
38
Ibid., p. 5.
39
Ibid., p. 6.
40
CAP provides federal resources to select state and local governments to renovate, construct, and equip detention
facilities in return for guaranteed bed space for a fixed period of time for federal detainees in or near federal court
cities.
41
NSCC allows USMS to directly contract with state and local governments providing up-front funding for renovation
(continued...)
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governments for guaranteed detention bed space in exchange for a daily rate negotiated through
an IGA. The Administration reports that DOJ has not been able to rely as much on IGAs and
federal detention facilities to meet the increase in the detention population, primarily because
state and local governments are increasingly using their facilities for their own detention
requirements and no new federal detention facilities have been built since 2000. The department
has increasingly relied on private facilities to provide needed detention space.
National Security Division (NSD)
The National Security Division (NSD) coordinates DOJ’s national security and terrorism
missions through law enforcement investigations and prosecutions. The NSD was established in
DOJ in response to the recommendations of the Commission on the Intelligence Capabilities of
the United States Regarding Weapons of Mass Destruction (WMD Commission), and authorized
by Congress on March 9, 2006, in the USA PATRIOT Improvement and Reauthorization Act of
2005. Under the NSD, the DOJ resources of the Office of Intelligence Policy and Review and the
Criminal Division’s Counterterrorism and Counterespionage Sections were consolidated to
coordinate all intelligence-related resources and to ensure that criminal intelligence information is
shared, as appropriate. For FY2012, Congress appropriated $87.0 million for the NSD. For
FY2013, the Administration has requested $90.0 million for the NSD, or an increase of 3.5%.
Interagency Law Enforcement
The Interagency Law Enforcement account reimburses departmental agencies for their
participation in the Organized Crime Drug Enforcement Task Force (OCDETF) program.
Organized into nine regional task forces, this program combines the expertise of federal agencies
with the efforts of state and local law enforcement to disrupt and dismantle major narcoticstrafficking and money-laundering organizations. From DOJ, the federal agencies that participate
in OCDETF are the DEA; the FBI; the ATF; the USMS; the Tax and Criminal Divisions of DOJ;
and the U.S. Attorneys. From the Department of Homeland Security, Immigration and Customs
Enforcement and the U.S. Coast Guard participate in OCDETF. In addition, from the Department
of the Treasury, the Internal Revenue Service and Treasury Office of Enforcement also participate
in OCDETF. Moreover, state and local law enforcement agencies participate in approximately
90% of all OCDETF investigations. For FY2013, the Administration requests $524.8 million for
the Interagency Law Enforcement Account. This is $2.7 million (0.5%) less than the FY2012enacted appropriation of $527.5 million.
Federal Bureau of Investigation (FBI)
The FBI is the lead federal investigative agency charged with defending the country against
foreign terrorist and intelligence threats; enforcing federal laws; and providing leadership and
criminal justice services to federal, state, municipal, tribal, and territorial law enforcement
agencies and partners. Since the September 11, 2001 (9/11), terrorist attacks, the FBI has
reorganized and reprioritized its efforts to focus on preventing terrorism and related criminal
activities. From FY2001 through FY2011, Congress has more than doubled direct appropriations
(...continued)
or construction of jails to house federal detainees in exchange for guaranteed bed space at a fixed rate.
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for the FBI from $3.32 billion to $7.926 billion, or a 138.7% increase.42 For FY2012, Congress
appropriated $8.118 billion for the FBI (an increase of 2.4%).
For FY2013, the Administration has requested $8.232 billion for the FBI (an increase of 1.4%).
This amount includes $8.151 billion for salaries and expenses and nearly $81.0 million for
construction. The amount requested for salaries and expenses would be allocated by budget
decision as follows:
•
Intelligence ($1.684 billion);
•
Counterterrorism/Counterintelligence ($3.3 billion);
•
Criminal Enterprises/Federal Crime ($2.665 billion); and
•
Criminal Justice Services ($502.0 million).
For the salaries and expenses account, the FY2013 request would provide a net increase of $114.0
million compared to the FY2012-enacted amount. This amount includes $162.1 million in base
adjustments,43 less $63.0 million in other offsets and savings, plus $15.0 million in budget
enhancement for financial and mortgage fraud investigations (44 positions). The $63.0 million in
offsets and savings includes the following:
•
administrative efficiencies ($11.2 million),
•
contractor reductions ($7.1 million),
•
Critical Incident Response Group training and equipment reduction ($3.4
million),
•
facilities reduction ($22.6 million),
•
information technology savings ($5.9 million),
•
National Gang Intelligence Center closing ($7.8 million), and
•
employee relocation support funding reduction ($5.0 million).
Of these proposed offsets, the closing of the National Gang Intelligence Center (NGIC) could be
controversial. In the 2011 National Gang Threat Assessment, it states that the NGIC was
established by Congress in 2005 to support law enforcement agencies through timely and
accurate information sharing and strategic/tactical analysis of federal, state, and local law
enforcement information focusing on the growth, migration, criminal activity, and association of
gangs that pose a significant threat to communities throughout the United States.44 The NGIC is
staffed with representatives from the FBI, DEA, ATF, BOP, USMS, the National Drug
Intelligence Center (NDIC), the Department of Defense (DOD), and the Department of Homeland
Security’s Immigration and Customs Enforcement (ICE) and Customs and Border Protection
(CBP). This multi-agency fusion center integrates gang intelligence assets to serve as a central
intelligence resource for gang information and analytical support. According to the FBI, the
42
The FY2010-enacted amount does not reflect a $50 million rescission or a $24 million supplemental appropriation.
“Base adjustments” are estimated changes in the level of funding—usually, due to costs that cannot be avoided—that
would be needed in the upcoming fiscal year to carry out the same level of activities and/or services that a department
or agency anticipates that it will carry out in the current fiscal year.
44
http://www.fbi.gov/stats-services/publications/2011-national-gang-threat-assessment/2011-national-gang-threatassessment-emerging-trends.
43
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elimination of the NGIC will not hinder the U.S. government’s ability to assess the threat posed
nationally by criminal gangs, because intelligence sharing will continue at the field level between
DOJ agencies and state and local partners.
Financial fraud, according to the FBI, includes matters relating to fraud, theft, or embezzlement
occurring within or against the national and international financial community.45 The requested
$15.0 million budget increase is to be focused on high loss corporate, securities, and commodities
fraud. It is also to be focused on mortgage fraud. As a subset of financial institution fraud,
mortgage fraud includes three basic types of schemes:
•
loan origination schemes when borrowers and real estate insiders provide false
financial information and documentation as part of a loan application package
and false appraisals;
•
illegal property flipping, the reselling of real estate property for an artificially
inflated price (based upon a fraudulent appraisal) shortly after being acquired by
the seller; and
•
bailout schemes used by builders to offset losses and circumvent debt and
potential bankruptcy as home sales have declined sharply due to foreclosures and
other market forces.46
All financial crime cases fall under the FBI White Collar Crime (WCC) program. Despite the
growing complexity and prevalence of international financial crime, much of which is conducted
through the internet, the WCC program is considered a traditional crime program. The other
traditional crime programs include public corruption, civil rights, gang violence, organized crime,
and violent crime. Cyber crime, by contrast, falls into both the FBI traditional crime and national
security activities.
National security activities include counterterrorism, counterintelligence, and weapons of mass
destruction. Like cyber crime, the intelligence function falls into both the traditional crime and
national security activities. Since the 9/11 terrorist attacks, FBI resources have been shifted from
traditional crime to national security, principally counterterrorism. Prior to the attacks, about 60%
of the FBI’s appropriation was allocated to traditional crime, and 40% to national security. Since
FY2007, about 60% of appropriated resources are dedicated to counterterrorism,
counterintelligence, or intelligence.
Drug Enforcement Administration (DEA)
The Drug Enforcement Administration (DEA) is the only single-mission federal agency tasked
with enforcing the nation’s controlled substance laws in order to reduce the availability and abuse
of illicit drugs and the diversion of licit drugs for illicit purposes. DEA’s enforcement efforts
include the disruption and dismantling of drug trafficking and money laundering organizations
through drug interdiction and seizures of illicit revenues and assets derived from these
organizations. DEA continues to face evolving challenges in limiting the supply of illicit drugs as
45
U.S. Department of Justice, Federal Bureau of Investigation, Financial Crimes Report to the Public, Fiscal Years
2010-2011, February 2012, http://www.fbi.gov/stats-services/publications/financial-crimes-report-2010-2011.
46
U.S. Department of Justice, Federal Bureau of Investigation, 2010 Mortgage Fraud Report: Year in Review, August
2011, available at http://www.fbi.gov/stats-services/publications/mortgage-fraud-2010/mortgage-fraud-report-2010.
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well as reducing drug trafficking across the Southwest border with Mexico into the United States.
DEA plays a key role in the Administration’s Southwest Border Initiative to counter drug-related
border violence, focusing on the convergent threats of illegal drugs, drug-related violence, and
terrorism in the region. DEA also has an active role in the Administration’s Prescription Drug
Abuse Prevention Plan, targeting improper prescribing practices and promoting proper disposal of
unused prescription drugs.
The President’s FY2013 budget request for the DEA includes $2.051 billion, or a proposed 0.8%
increase from the FY2012-enacted appropriation of $2.035 billion. As mentioned above, the
FY2013 request includes a proposal to eliminate the National Drug Intelligence Center (NDIC)
and transfer its responsibilities to the DEA. The FY2013 request for DEA’s Salaries and Expenses
($48.9 million) includes $8.3 million and 57 positions to transfer document and media
exploitation functions and the production of strategic intelligence reports from NDIC to DEA.
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
The ATF enforces federal criminal law related to the manufacture, importation, and distribution of
alcohol, tobacco, firearms, and explosives. ATF works independently and through partnerships
with industry groups; international, state, and local governments; and other federal agencies to
investigate and reduce crime involving firearms and explosives, acts of arson, and illegal
trafficking of alcohol and tobacco products.47 From FY2001 through FY2011, Congress has
increased the direct appropriation for ATF, from $771.0 million to $1.113 billion, a 44.3%
increase. In addition, for FY2010/FY2011, Congress appropriated $37.5 million for ATF in an
FY2010/FY2011 Southwest border supplemental appropriation. If added to the FY2011
appropriation, it brings the total budget authority available to ATF for FY2011 to $1.150 billion.
Congress appropriated $1.152 billion for ATF for FY2012.
For FY2013, the Administration has requested $1.153 billion for ATF. Although this amount
reflects a net increase of about $1.3 million (0.1%), the FY2013 request includes no new budget
enhancements for ATF. Instead, it anticipates over $26.9 million in savings or other offsets in
either contract reductions ($24.8 million) or information technology savings ($2.1 million).
According to the ATF congressional budget submission, the largest portion of the request ($876.5
million, or 76.0%) would be allocated to the firearms budget decision unit. The second largest
portion ($253.7 million, or 22.0%) would be allocated to the arson and explosives budget
decision unit. The remainder ($23.1 million, or 2.0%) would be allocated to the alcohol and
tobacco diversion budget decision unit. By percentage, these allocations are comparable to those
reported by ATF to correspond with the agency’s FY2012-enacted appropriation.
Also of significance, the Administration’s request includes proposals to strip out futurity language
(hereafters) that was inserted into two ATF appropriations riders during the FY2012
appropriations cycle, making those riders permanent law. The first rider prohibits ATF from
consolidating or centralizing within DOJ the records of firearms acquisitions or dispositions (or
any portion thereof) that federally licensed gun dealers are required by law to maintain. When
gun dealers go out of business, those records are forwarded to ATF. Hence, a second rider
prohibits ATF from electronically searching out-of-business records by name or any personal
identification code. For evidentiary purposes, out-of-business records are maintained on
47
For further information, see CRS Report R41206, The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF):
Budget and Operations for FY2011, by William J. Krouse.
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microform. For retrieval and storage purposes, out-of-business records are maintained in a digital
format so that those records may be searched electronically by firearm serial number, but not by
owner or other personal identifiers. In addition, the Administration’s request would strip out
futurity language (inserted for FY2008 and every year thereafter) included in a controversial ATF
appropriations rider known as the “Tiahrt amendment.”48
Since March 2011, much congressional attention has been focused on allegations that DOJ and
ATF officials mishandled a Phoenix, AZ-based gun trafficking investigation known as “Operation
Fast and Furious.” In December 2010, two suspect firearms linked to that investigation were
found at the murder scene of Border Patrol Agent Brian Terry. In January 2010, ATF
whistleblowers contacted Senator Charles Grassley with assertions that suspected gun traffickers
had not been arrested in a timely fashion and, and as a result, a large number of suspect firearms
had not been interdicted and have likely passed into the hands of drug traffickers and other
criminals. The whistleblowers referred to this investigative tactic as “gun walking.” According to
one source, 665 of these firearms have been recovered by law enforcement at crime scenes on
both sides of the border.49 Another 1,355 suspect firearms reportedly remain unaccounted for.
In reaction to Operation Fast and Furious, Congress included a provision (§219) in the DOJ
FY2012 appropriation that reflects a Senate-passed amendment (originally offered by Senator Jon
Cornyn) that prohibits the expenditure of any funding provided under that enacted appropriation
to be used by a federal law enforcement officer to facilitate the transfer of an operable firearm to
a person known to be or suspected of being connected to a drug cartel without that firearm being
continuously monitored or controlled. In its FY2013 DOJ budget submission, the Administration
has proposed dropping the Cornyn language related to “gun walking,” arguing that the prohibition
is not necessary.
Operation Fast and Furious was an attempt by ATF’s Phoenix field office to conduct a more
complex gun trafficking investigation, as recommended by the DOJ Office of the Inspector
General in November 2010.50 However, allegations of misconduct on the part of DOJ and ATF’s
upper-levels of management have been the topic of four hearings conducted by the House
Oversight and Government Reform Committee. Those allegations have also dominated the
discourse of two House Committee on the Judiciary DOJ oversight hearings, a Senate Committee
on the Judiciary’s Subcommittee on Crime and Terrorism hearing, and at a Senate full committee
DOJ oversight hearing. Several Members of Congress, including two House full committee
chairs, have written letters to the Attorney General urging him and the Administration to be more
forthcoming about possible missteps that were taken in the lead-up to Operation Fast and Furious.
Besides the oversight issues, at issue for Congress is how widespread were the gun walking
tactics employed? And, what can be done to prevent such gun walking tactics from being misused
again, without unduly encumbering federal law enforcement.51
48
For further information, see CRS Report RS22458, Gun Control: Statutory Disclosure Limitations on ATF Firearms
Trace Data and Multiple Handgun Sales Reports, by William J. Krouse.
49
Pete Yost, “Fast and Furious-Like ‘Gun-Walking’ Probe Mentioned In 2007 Bush Administration Memo,”
Huffington Post, November 4, 2011.
50
U.S. Department of Justice, Office of the Inspector General, Review of ATF’s Project Gunrunner, I-2011-001,
November 2010, http://www.justice.gov/oig/reports/ATF/e1101.pdf.
51
For further information, see CRS Report RL32842, Gun Control Legislation, by William J. Krouse.
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Federal Prison System (Bureau of Prisons, BOP)
The Bureau of Prisons (BOP) was established in 1930 to house federal inmates, to professionalize
the prison service, and to ensure consistent and centralized administration of the federal prison
system.52 The mission of the BOP is to protect society by confining offenders in prisons and
community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and
that provide work and other self-improvement opportunities for inmates so that they can become
productive citizens after they are released.53 The BOP currently operates 117 correctional
facilities across the country.54 The BOP also contracts with Residential Re-entry Centers (RRC)
(i.e., halfway houses) to provide assistance to inmates nearing release.55 RRCs provide inmates
with a structured and supervised environment along with employment counseling, job placement
services, financial management assistance, and other programs and services.56
Congress funds the BOP’s operations through two accounts under the Federal Prison System
heading: Salaries and Expenses (S&E) and Buildings and Facilities (B&F). The S&E account
(i.e., the operating budget) provides for the custody and care of federal inmates and for the daily
maintenance and operations of correctional facilities, regional offices, and BOP’s central office in
Washington, D.C. It also provides funding for the incarceration of federal inmates in state, local,
and private facilities. The B&F account (i.e., the capital budget) provides funding for the
construction of new facilities and the modernization, repair, and expansion of existing facilities.
In addition to appropriations for the S&E and B&F accounts, Congress usually places a cap on
the amount of revenue generated by the Federal Prison Industries (FPI)57 that can be used for
administrative expenses in the annual CJS appropriations bill. Although Congress does not
appropriate funding for the administrative expenses of FPI, the administrative expenses cap is
scored as enacted budget authority.
For FY2013, the Administration requests a total of $6.922 billion for the BOP, an amount that is
$278.1 million, or 4.2%, greater than the FY2012 appropriation of $6.644 billion. Within the total
requested for the BOP, $6.82 billion is for the S&E account, a proposed 4.1% increase over the
FY2012 appropriation of $6.551 billion. The Administration also requested $99.2 million for the
B&F account, a proposed 10.2% increase compared to the FY2012 appropriation of $90.0
million.
One issue Congress might consider is whether the BOP has adequate resources, both in terms of
personnel and infrastructure, to properly manage the burgeoning federal prison population. Prison
population growth and prison crowding continue to be a major concern for the BOP. The number
of inmates held in BOP facilities grew from 125,560 in FY2000 to 177,934 in FY2011.58 During
that same time period, prison crowding grew from 32% over rated capacity to 39% over rated
capacity, even though the number of facilities operated by BOP increased from 97 to 117.59 The
52
U.S. Department of Justice, Bureau of Prisons, About the Bureau of Prisons, http://www.bop.gov/about/index.jsp.
U.S. Department of Justice, Bureau of Prisons, Mission and Vision of the Bureau of Prisons, http://www.bop.gov/
about/mission.jsp.
54
U.S. Department of Justice, Bureau of Prisons, About the Bureau of Prisons, http://www.bop.gov/about/index.jsp.
55
U.S. Department of Justice, Bureau of Prisons, Community Corrections, http://www.bop.gov/locations/cc/index.jsp.
56
Ibid.
57
For more information on FPI, see CRS Report RL32380, Federal Prison Industries, by Nathan James.
58
Data provided to CRS from the U.S. Department of Justice, Bureau of Prisons.
59
Ibid.
53
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BOP estimates that by FY2013 the federal prison system will be operating at 43% over rated
capacity.60 The growing federal prison population has not only resulted in more crowded prisons,
but it has also strained the BOP’s ability to properly manage and care for federal inmates. The
BOP reports that the staff-to-inmate ratio has increased from 3.57 to 1 in FY1997 to 4.94 to 1 in
FY2011.61 As a point of comparison, in FY2009 the five states with the highest prison
populations had an average inmate-to-staff ratio of 3.1 to 1.62 The growing federal prison
population has also required the BOP to dedicate more resources to caring (e.g., providing health
care, food, and clothing) and providing programming (e.g., substance abuse treatment,
educational programming, and work/vocational opportunities) for inmates. In addition, the
Second Chance Act of 2007 (P.L. 110-199) required BOP to develop comprehensive reentry
planning for federal inmates.
Office on Violence Against Women (OVW)
The Office on Violence Against Women (OVW) was created to administer programs created
under the Violence Against Women Act (VAWA) of 1994 and subsequent legislation. These
programs provide financial and technical assistance to communities around the country to
facilitate the creation of programs, policies, and practices designed to improve criminal justice
responses related to domestic violence, dating violence, sexual assault, and stalking.
The President’s FY2013 budget request for OVW includes $412.5 million (see Table 5). This
amount is equal to the FY2012-enacted appropriation. The FY2012 request differs from the
FY2012-enacted appropriation in that it requests funding from two separate sources. Of the
requested $412.5 million for OVW, $268.0 million is requested within the appropriation for
OVW, and $144.5 million is requested under the Crime Victims Fund. A description of the Crime
Victims Fund is provided below.
60
U.S. Department of Justice, Bureau of Prisons, FY2013 Performance Budget, Congressional Submission, Salaries
and Expenses, p. 2, http://www.justice.gov/jmd/2013justification/pdf/fy13-bop-se-justification.pdf.
61
Ibid., p. 7.
62
Ibid., p. 6.
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Table 5. Funding for OVW Programs
(budget authority in millions of dollars)
Program
FY2012
Enacted
FY2013
Request
$189.0
$189.0a
3.0
3.0
Transitional Housing Assistance
25.0
22.0
Grants to Encourage Arrest Policies
50.0
50.0
4.0
—
34.0
37.5
9.0
9.0
Civil Legal Assistance
41.0
41.0
Sexual Assault Victims Services
23.0
23.0
4.3
4.3
11.5
11.5
Education and Training for Disabled Female
Victims
5.8
5.8
Court Training and Improvement
4.5
4.5
Research on Violence Against Indian
Women
1.0
1.0
10.0
10.0
1.0
0.5
0.5
0.5
412.5
412.5
STOP Grants
National Institute of Justice (R&D)
Homicide Reduction Initiative
Rural Domestic Violence Assistance Grants
Violence on College Campuses
Elder Abuse Grant Program
Safe Havens Project
Consolidated Youth Oriented Program
National Resource Center on Workplace
Responses
Indian Country Sexual Assault
Clearinghouse
Total: OVW
HousePassed
SenatePassed
FY2013
Enacted
Source: FY2012-enacted amounts were taken from the conference report for the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested amounts were taken
from the Office on Violence Against Women’s congressional budget submission.
Note: Amounts may not add to totals due to rounding.
a.
The Administration’s FY2013 budget request includes a proposal to provide an additional $144.5 million
from the Crime Victims Fund for STOP grants.
Office of Justice Programs (OJP)
The Office of Justice Programs (OJP) manages and coordinates the National Institute of Justice,
Bureau of Justice Statistics, Office of Juvenile Justice and Delinquency Prevention, Office of
Victims of Crimes, Bureau of Justice Assistance, and related grant programs. For FY2013, the
Administration requests $1.714 billion for OJP, a proposed 6.1% increase compared to the
FY2012-enacted appropriation of $1.616 billion. However, this amount includes $220.5 million
that the Administration proposes to move from the Crime Victims Fund to the State and Local
Law Enforcement Assistance and Juvenile Justice Programs accounts.
One issue Congress might consider as it debates FY2013 funding for OJP is whether to reduce
funding for some or all grant programs. Proposals to reduce or eliminate funding for DOJ grant
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
programs have stirred some measure of controversy. In general, opponents of cuts assert that
these grant programs provide assistance to state and local governments to fight crime and provide
for the safety of the American populace and this aid is needed more now than ever given that
many states are facing budget shortfalls. Proponents for cuts to DOJ grant programs argue that
states are responsible for the administration of their criminal justice systems and it is not the
federal government’s role to support state efforts to investigate crimes and prosecute and sanction
offenders, especially at a time when the federal government is borrowing to finance the annual
budget.
Another issue Congress might consider is whether to accept the Administration’s proposal to use
receipts from the Crime Victims Fund to fund several grant programs (e.g., DNA backlog
reduction programs, grants for victims of trafficking, and grants to assist with the implementation
of the Adam Walsh Act) that received a direct appropriation for FY2012 (see Table 7). The
implications of the Administration’s proposal are discussed in more detail below.
Research, Evaluation, and Statistics
The Research, Evaluation, and Statistics account (formerly the Justice Assistance account),
among other things, funds the operations of the Bureau of Justice Statistics and the National
Institute of Justice. The Administration requests $386.0 million for the Research, Evaluation, and
Statistics account for FY2013, an amount that is 241.6% more than the FY2012-enacted
appropriation of $113.0 million. The Administration requests an additional $23.0 million to
bolster the operating budgets of the Bureau of Justice Statistics and the National Institute of
Justice. In addition, the Administration requests $250.0 for a new mandatory program for grants
to states for medical malpractice reform (see Table 6).
Table 6. Funding for Research, Evaluation, and Statistics
(budget authority in millions of dollars)
Program
FY2012
Enacted
FY2013
Request
Bureau of Justice Statistics
$45.0
$60.0
National Institute of Justice
40.0
48.0
Regional Information Sharing System
27.0
27.0
Evaluation Clearinghouse
1.0
1.0
Grants to States for Medical
Malpractice Reform
—
250.0
Total: Justice Assistance
113.0
386.0
HousePassed
SenatePassed
FY2013
Enacted
Source: FY2012-enacted amounts were taken from the conference report for the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested amounts were taken
from the Office of Justice Program’s congressional budget submission.
Note: Amounts may not add to totals due to rounding.
State and Local Law Enforcement Assistance
The State and Local Law Enforcement Assistance account includes funding for a variety of grant
programs to improve the functioning of state, local, and tribal criminal justice systems. Some
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examples of programs that have traditionally been funded under this account include the Edward
Byrne Memorial Justice Assistance Grant (JAG) program, the Drug Courts program, the State
Criminal Alien Assistance Program (SCAAP), and DNA backlog reduction grants. The
Administration requests $1.002 billion for FY2013, which would be 13.8% below the FY2012enacted appropriation of $1.163 billion. As a part of the FY2013 budget request for the State and
Local Law Enforcement Assistance account, the Administration proposes to use $220.5 million
from the Crime Victims Fund to supplement a $781.5 million direct appropriation for the account.
The $220.5 million from the Crime Victims Fund would be used to fund grants for victims of
trafficking ($10.5 million), reducing DNA backlogs ($100.0 million), children exposed to
violence ($23.0 million), implementation of the Adam Walsh Act ($20.0 million), and missing
and exploited children programs ($67.0 million).
Table 7. Funding for State and Local Law Enforcement Assistance Programs
(budget authority in millions of dollars)
Program
Byrne Memorial Justice Assistance
Grants
FY2012
Enacted
FY2013
Request
$470.0
$430.0
State and Local Intelligence Training
2.0
2.0
Domestic Radicalization Research
Criminal Justice Reform and
Recidivism Reduction
Presidential Nominating Convention
Security
State and Local Assistance Help
Desk and Diagnostic Center
4.0
—
6.0
6.0
100.0
—
4.0
4.0
VALOR Initiative
2.0
5.0
Byrne Competitive Grants
15.0
25.0
4.0
38.0
—
—
240.0
70.0
Border Prosecution Initiatives
10.0
—
Victims of Trafficking Grants
10.5
—a
Residential Substance Abuse Treatment
10.0
21.0
9.0
—
35.0
—
Drug and Mental Health Courts
—
52.0
Prescription Drug Monitoring
7.0
7.0
12.5
10.5
3.0
2.0
Missing Alzheimer’s Patient Grants
Economic, High-tech and Cybercrime
Prevention
1.0
—
7.0
15.0
CASA-Special Advocates
4.5
—
John R. Justice Grant Program
Tribal Assistance
State Criminal Alien Assistance Program
Mentally Ill Offenders Act
Drug Courts
Prison Rape Prevention and Prosecution
Capital Litigation/ Wrongful Conviction
Review
Congressional Research Service
HousePassed
SenatePassed
FY2013
Enacted
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Program
FY2012
Enacted
FY2013
Request
63.0
80.0
Violent Gang and Gun Crime Reduction
National Instant Criminal Background
Check System Grants
National Criminal History Improvement
Program (NCHIP)
5.0
5.0
5.0
5.0
6.0
6.0
Paul Coverdell Forensic Science Grants
12.0
—
Implementation of the Adam Walsh Act
Programs for Children Exposed to
Violence
Byrne Criminal Justice Innovation
Program
20.0
—b
10.0
—c
15.0
20.0
1.0
1.0
24.0
24.0
125.0
—d
117.0
—
Post-conviction DNA Testing
Grants
4.0
—
Sexual Assault Nurse Examiners
4.0
—
—
8.0
—e
67.0f
1,162.5
1,002.0
Second Chance Act
National Sex Offender Public Website
Bulletproof Vests Grant Program
DNA Backlog Reduction
Debbie Smith DNA Backlog Grants
Justice Information Sharing and
Technology Program
Missing and Exploited Children Programs
Total: State and Local Law
Enforcement
HousePassed
SenatePassed
FY2013
Enacted
Source: FY2012-enacted amounts were taken from the conference report for the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested amounts were taken
from the Office of Justice Program’s congressional budget submission.
Note: Amounts may not add to totals due to rounding.
a.
The Administration’s FY2013 budget request includes a proposal to provide $10.5 million from the Crime
Victims Fund for victims of trafficking grants.
b.
The Administration’s FY2013 budget request includes a proposal to provide $20.0 million from the Crime
Victims Fund for implementation of the Adam Walsh Act.
c.
The Administration’s FY2013 budget request includes a proposal to provide $23.0 million from the Crime
Victims Fund for programs for children exposed to violence.
d.
The Administration’s FY2013 budget request includes a proposal to provide $100.0 million from the Crime
Victims Fund for DNA backlog reduction grants.
e.
See Table 8.
f.
The Administration’s FY2013 budget request includes a proposal to provide $67.0 million from the Crime
Victims Fund for missing and exploited children programs.
Juvenile Justice Programs
The Juvenile Justice Programs account includes funding for grant programs to reduce juvenile
delinquency and help state, local, and tribal governments improve the functioning of their
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
juvenile justice systems. For FY2013, the Administration requests $245.0 million for juvenile
justice funding. This is $17.5 million (6.7%) below the FY2012-enacted appropriation of $262.5
million.
Table 8. Funding for Juvenile Justice Programs
(budget authority in millions of dollars)
Program
FY2012
Enacted
FY2013
Request
$40.0
$70.0
Youth Mentoring Grants
78.0
58.0
Title V—Incentive Grants
20.0
40.0
10.0
—
Gang Prevention
5.0
—
Alcohol Use Prevention
5.0
—
Investigation and Prosecution of Child
Abuse Programs
18.0
—
Juvenile Accountability Block Grants
30.0
30.0
Community-based Violence
Prevention Initiative
8.0
25.0
Training for Judicial Personnel
1.5
—
65.0
—a
2.0
2.0
—
20.0
262.5
245.0
Part B—State Formula
Tribal Youth
Missing and Exploited Children
Programs
National Forum on Youth Violence
Prevention
Evidence-based Competitive Juvenile
Justice Demonstration Grant Program
Total: Juvenile Justice Programs
HousePassed
SenatePassed
FY2013
Enacted
Source: FY2012-enacted amounts were taken from the conference report for the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested amounts were taken
from the Office of Justice Program’s congressional budget submission.
Note: Amounts may not add to totals due to rounding.
a.
See Table 7.
Public Safety Officers Benefits Program (PSOB)
The Public Safety Officers Benefits (PSOB) program provides three different types of benefits to
public safety officers and their survivors: death, disability, and education. The PSOB program is
intended to assist in the recruitment and retention of law enforcement officers, firefighters, and
first responders and to offer peace of mind to men and women who choose careers in public
safety. For FY2013, the Administration requests $81.3 million for PSOB, an amount that is $3.8%
greater than the FY2012 appropriation of $78.3 million.
Community Oriented Policing Services (COPS)
The Community Oriented Policing Services (COPS) Office awards grants to state, local, and
tribal law enforcement agencies throughout the United States so they can hire and train law
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enforcement officers to participate in community policing, purchase and deploy new crimefighting technologies, and develop and test new and innovative policing strategies. Overall
appropriations for the COPS account decreased between FY2011 and FY2012, but this was the
result of Congress moving funding from the COPS account to the State and Local Law
Enforcement Assistance account.63 The Administration’s FY2013 request mirrors the newly
established structure for the COPS account. The Administration’s FY2013 request for the COPS
account is $289.6 million, which is 45.9% more than the FY2012 appropriation of $198.5 million.
The proposed increase in funding for the account is almost solely because the Administration
requests increased funding for the COPS hiring program.
Table 9. Funding for Community Oriented Policing Services Programs
(budget authority in millions of dollars)
Program
COPS Hiring Program
FY2012
Enacted
FY2013
Request
$166.0
$257.1
Transfer to the Tribal Resources
Grant Program
15.0
15.0
Transfer for Community Policing
Development
10.0
15.0
12.5
—
—
12.5
Tribal Resources Grant Program
20.0
20.0
Total: Community Oriented
Policing Services
198.5
289.6
Transfer to the Drug Enforcement
Administration for Clandestine
Methamphetamine Lab Clean-up
Anti-methamphetamine grants
HousePassed
SenatePassed
FY2013
Enacted
Source: FY2012-enacted amounts were taken from the conference report for the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested amounts were taken
from the appendix to the Budget of the United States Government, Fiscal Year 2013.
Note: Amounts may not add to totals due to rounding.
The Administration, as a part of its $289.6 million request for COPS for FY2013, requests $227.1
million for the COPS hiring program, compared to the $141.0 million Congress appropriated for
the same purpose for FY2012. Given the recent recession, many local governments are facing
budget crunches due to decreasing revenue. Data from the COPS Office indicates that there is a
demand for funding to hire or retain police officers. The COPS Office reported that it received
nearly 7,300 applications requesting a total of $8.3 billion to fund the hiring or retention of
39,000 police officers when it opened a solicitation to award the $1.0 billion it received under the
American Recovery and Reinvestment Act of 2009 (P.L. 111-5).64 The COPS Office used the
$298.0 million Congress appropriated for hiring programs for FY2010 to award grants to the
63
For a discussion of how Congress moved funding for grant programs that were traditionally funded under the COPS
account to the State and Local Law Enforcement Assistance account see CRS Report R41721, Commerce, Justice,
Science, and Related Agencies: FY2012 Appropriations, coordinated by Nathan James, Jennifer D. Williams, and John
F. Sargent Jr.
64
U.S. Department of Justice, Community Oriented Policing Services Office, 2009 COPS Hiring Recovery Program
Post-award Frequently Asked Questions, http://www.cops.usdoj.gov/Default.asp?Item=2265.
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
more than 6,100 agencies that applied for stimulus funding but did not receive awards.65 For
FY2011, the COPS Office received $246.8 million for its hiring program, which it used to fund
the hiring or retention of more than 1,000 police officers.66 Yet, the COPS Office reported that
when it opened the grant solicitation for FY2011 hiring funds, it received 2,700 applications
requesting $2 billion for nearly 9,000 positions.67 However, as discussed above, there has been
debate about funding for nonsecurity discretionary spending, and if Congress chooses to reduce
funding for DOJ, appropriations for some programs will have to be reduced or eliminated.
Opponents of continuing funding for the COPS hiring program assert that law enforcement is
largely the providence of state and local governments; therefore, they should be responsible for
paying the salaries of police officers. Proponents of continuing funding for the program argue that
there is a national interest in providing for the safety and security of U.S. citizens; hence,
Congress should help state and local governments hire new police officers.
The Crime Victims Fund
The Crime Victims Fund (CVF) was established by the Victims of Crime Act of 1984 (P.L. 98473, VOCA). It is administered by the Office for Victims of Crime (OVC), and provides funding
to the states and territories for victim compensation and assistance programs. This account does
not receive appropriations (thus the amount for the CVF is not included in Table 4) but instead is
largely funded by criminal fines, forfeited bail bonds, penalties, and special assessments that are
collected by U.S. Attorneys’ Offices, U.S. courts, and the BOP.68
In FY2000, Congress established a cap on the amount of funds that would be available for
distribution in a fiscal year. Each year, Congress determines the CVF cap as a part of the
appropriations for DOJ. The remaining balance in the CVF is carried over and remains in the
account each year. In FY2012, the cap was $705.0 million, while the remaining balance in the
fund was $6.099 billion.69
For FY2013, the Administration requests to raise the CVF cap by $365.0 million to a total of
$1.07 billion.70 The Administration specifies that the additional $365.0 million be transferred to
other accounts administered by DOJ, including OVW and OJP (see above).71
One issue Congress might consider is whether to accept the Administration’s proposal to use
receipts from the CVF to fund grant programs that are not authorized by the VOCA. In the past,
Congress has passed legislation that made CVF money available to support programs authorized
65
U.S. Department of Justice, Community Oriented Policing Services, COPS Hiring Program (CHP), Background and
Award Methodology, http://www.cops.usdoj.gov/Default.asp?Item=2552.
66
Department of Justice, Community Oriented Policing Services Office, “U.S. Department of Justice COPS Office
Awards Over $243 Million to Hire New Officers,” press release, September 28, 2011, http://www.cops.usdoj.gov/
Default.asp?Item=2600.
67
Ibid.
68
U.S. Department of Justice, Office for Victims of Crime, About OVC, Crime Victims Fund,
http://www.ojp.usdoj.gov/ovc/about/victimsfund.html.
69
See the appendix of the Budget of the United States Government, Fiscal Year 2013.
70
U.S. Department of Justice, Office of Justice Programs, Office of Justice Programs Budget Request At a Glance,
http://www.justice.gov/jmd/2013summary/pdf/fy13-ojp-bud-summary.pdf.
71
Account information taken from the appendix of the Budget of the United States Government, Fiscal Year 2013.
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
outside of VOCA.72 For example, P.L. 110-181 included a provision mandating that the Attorney
General transfer from the emergency reserve of the CVF “such funds as may be required” to
cover the costs of special masters appointed by U.S. district courts in civil cases brought against
state sponsors of terrorism. Thus far, CVF money has not been used to fund grant programs
outside of those authorized by the VOCA. While it could be argued that many of the non-VOCA
grant programs the Administration proposes to fund with receipts from the CVF would assist
crime victims in some manner, the Administration’s proposal raises a question about whether this
might pave the way for the CVF to be used to support other DOJ grant programs that might not
be victim-focused. On the other hand, as mentioned above, the CVF has a balance of more than
$6.0 billion, which indicates that receipts to the fund are exceeding the congressionally specified
cap. In a time of tight budgets, the CVF might provide an avenue to fund some DOJ grant
programs while reducing DOJ’s discretionary appropriation. However, there is no guarantee that
receipts going into the CVF will be consistent from one year to the next. Therefore, if Congress
chooses to use funding from the CVF for non-VOCA programs, it is not possible to ensure that
there will be a consistent level of funding to support these programs.
Science Agencies73
The Science Agencies fund and otherwise support research and development (R&D) and related
activities across a wide variety of federal missions, including national competitiveness, climate
change, energy and the environment, and fundamental discovery.
FY2012 and FY2013 Appropriations
The FY2012-enacted appropriation for the science agencies was $24.838 billion. For FY2013, the
Administration requests $25.090 billion for the science agencies. The Administration’s proposal
is 1.0% above the FY2012-enacted appropriation.
72
For expenditure guidelines, see 42 USC §10601(d).
This section was coordinated by John F. Sargent, Jr., Specialist in Science and Technology Policy, CRS Resources,
Science, and Industry Division.
73
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Table 10. Funding for Science Agencies
(budget authority in millions of dollars)
Accounts
FY2012
Enacted
Office of Science and
Technology Policy
National Aeronautics and
Space Administration
National Science Foundation
Total: Science Agencies
FY2013
Request
$4.5
$5.9
17,800.0
17,711.4
7,033.1
7,373.1
24,837.6
25,090.4
HousePassed
SenatePassed
FY2013
Enacted
Source: FY2012-enacted amounts were taken from the conference report for the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). The FY2013-requested amounts were
taken from the FY2013 congressional budget justifications for the Executive Office of the President (for the
Office of Science and Technology Policy), the National Aeronautics and Space Administration, and the National
Science Foundation.
Note: Amounts may not add to totals due to rounding.
Office of Science and Technology Policy (OSTP)74
Congress established the Office of Science and Technology Policy (OSTP) through the National
Science and Technology Policy, Organization, and Priorities Act of 1976 (P.L. 94-282). The act
states that “the primary function of the OSTP director is to provide, within the Executive Office
of the President, advice on the scientific, engineering, and technological aspects of issues that
require attention at the highest level of Government.” The OSTP director, often referred to
informally as the President’s science advisor, also manages the National Science and Technology
Council (NSTC),75 which coordinates science and technology policy across the federal
government, and co-chairs the President’s Council of Advisors on Science and Technology
(PCAST),76 a council of external advisors that provides advice to the President on matters related
to science and technology policy. OSTP is one of two offices in the Executive Office of the
President (EOP) that is funded in the CJS appropriations bill.77
In FY2011, Congress sought to restrict OSTP from engaging in certain activities with China or
any Chinese-owned company by prohibiting the use of appropriated funds for these activities
(P.L. 112-10). The OSTP expended a portion of its FY2011 appropriation to engage in activities
with China that Congress sought to proscribe. The Department of Justice and OSTP asserted that
this congressional effort infringed upon the President’s constitutional authority to conduct foreign
diplomacy. In contrast, the Government Accountability Office (GAO) concluded that OSTP
violated the Antideficiency Act, though it did not speak to the constitutional issue. Congress
enacted a similar restriction for FY2012 (P.L. 112-55), though it allows OSTP to proceed with
activities that it certifies pose no risk of transferring technology or information with security
74
This section was prepared by Dana A. Shea, Specialist in Science and Technology Policy, Resources, Science, and
Industry Division.
75
The National Science and Technology Council was established by Executive Order 12881.
76
The President’s Council of Advisors on Science and Technology was established by Executive Order 13539.
77
The other EOP office funded under the CJS appropriations bill is the Office of the United States Trade
Representative.
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
implications to China. Such certification must be submitted to the House and Senate Committees
at least 14 days prior to the activity in question. Congress may continue its interest in the debate
over its ability to restrict the activities of OSTP.
For FY2013, the Administration requests $5.9 million, $1.4 million (30.0%) above its FY2012enacted level. The request would “restore funding to levels that will enable OSTP to carry out its
significant national security emergency preparedness communications responsibilities that must
be performed in times of national crisis,” and support four Senate-confirmed associate directors.78
The National Science Foundation again requests FY2013 funding for the Science and Technology
Policy Institute (STPI, $3.1 million, unchanged from FY2012), a federally funded research and
development center that supports OSTP. FY2012-enacted appropriations for OSTP were $4.5
million and for STPI were $3.1 million.
National Aeronautics and Space Administration (NASA)79
The National Aeronautics and Space Administration (NASA) was created by the 1958 National
Aeronautics and Space Act (P.L. 85-568) to conduct civilian space and aeronautics activities. The
agency is managed from headquarters in Washington, D.C. It has nine major field centers around
the country, plus the Jet Propulsion Laboratory, which is operated under contract by the California
Institute of Technology.
The Administration has requested $17.711 billion for NASA for FY2013. This is 0.5% less than
the FY2012 appropriation of $17.800 billion and 11.3% less than the $19.960 billion authorized
for FY2013 in the NASA Authorization Act of 2010 (P.L. 111-267).80 See Table 11 for a
breakdown of these amounts by appropriations account. If enacted, the FY2013 request would be
the smallest appropriation for NASA since FY2008. The shortfall in total NASA funding relative
to the authorization act may raise questions about the feasibility of the human spaceflight
program established by that act, as well as about the potential impact of human spaceflight’s
funding needs on funding for other NASA programs, such as science, aeronautics, and education.
The Administration’s $4.911 billion request for NASA’s Science account in FY2012 is 3.5% less
than the FY2012 appropriation. Funding for planetary science would decrease $308.1 million
(-20.5%). Most of that proposed reduction is in the Mars exploration program, whose costs are
reduced by the launch of the Mars Science Laboratory in November 2011, the planned launch of
the Mars Atmosphere and Volatile Evolution Mission (MAVEN) in 2013, and the termination of
NASA’s participation (with the European Space Agency) in the 2016 and 2018 ExoMars
missions. NASA is developing a new Mars exploration strategy that will integrate robotic
missions funded by the Science account with human spaceflight and technology development
activities in other accounts. Also in Science, funding for the James Webb Space Telescope
(JWST) would increase $98.0 million (18.5%). Following an independent review of JWST in
October 2010, NASA developed a revised plan for the program in 2011. In the FY2012
78
Executive Office of the President, Executive Office of the President, FY2013 Congressional Budget Submission,
February 2012, http://www.whitehouse.gov/sites/default/files/docs/2013-eop-budget1.pdf.
79
This section was prepared by Daniel Morgan, Specialist in Science and Technology Policy, Resources, Science, and
Industry Division.
80
The Consolidated and Further Continuing Appropriations Act, 2012 (P.L. 112-55) rescinded $30.0 million from
NASA funds provided in prior years. When the FY2012 appropriation is reduced by this rescission, the FY2013 request
is 0.3% less than the net FY2012 amount.
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appropriations conference report, Congress capped the formulation and development cost of
JWST and mandated annual reports on the program by the Government Accountability Office.
The request for Aeronautics is $551.5 million, a decrease of 3.2% from FY2012. Research on
hypersonic entry, descent, and landing would be transferred to the Space Technology account, and
most funding for air-breathing hypersonic flight systems would be eliminated. The hypersonic
research remaining in the Aeronautics program would be combined with supersonic research to
create a single project focusing on high-speed flight.
For Space Technology, the Administration has requested $699.0 million, an increase of 21.6%
from FY2012. About half of the increase would be for technology demonstration missions
designed to bridge the gap between early-stage development and operational use. In February
2012, the National Research Council (NRC) released its assessment of NASA’s draft roadmaps
for space technology development.81 According to NASA, the Space Technology program is
investing at some level in all 16 of the technology areas that the NRC report recommended for
emphasis.
The Administration’s request for Exploration in FY2013 is $3.933 billion, a 4.3% increase over
FY2012 but 25.3% less than the authorized level. This account funds development of the
Multipurpose Crew Vehicle (MPCV) and heavy-lift Space Launch System (SLS), which were
mandated for human exploration of space beyond Earth’s orbit by the 2010 authorization act, as
well as development of the commercial crew transportation systems that NASA intends to use for
U.S. astronaut access to the International Space Station. The request for Construction and
Environmental Compliance and Restoration includes $143.7 million for Exploration-related
construction formerly included in the Exploration account. The shortfall in Exploration funding
relative to the authorization act may raise questions about the feasibility of NASA’s planned
human spaceflight program. NASA expects the first uncrewed flight of the SLS to occur in
December 2017, and the first crewed flight in August 2021. If funding is appropriated at the
requested level, NASA expects commercial crew transportation services to become available in
early 2017.
The FY2013 request of $4.013 billion for Space Operations is a 5.2% decrease from FY2012.
This account funds the International Space Station (ISS), the Space and Flight Support program,
and the remaining costs for closeout of the space shuttle program. The last shuttle flight was
completed in July 2011. With only $70.6 million requested for space shuttle closeout in FY2013,
the other two elements of this account would both receive increases.
81
National Research Council, NASA Space Technology Roadmaps and Priorities: Restoring NASA’s Technological
Edge and Paving the Way for a New Era in Space, download.nap.edu/catalog.php?record_id=13354.
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Table 11. Funding for NASA
(budget authority in millions of dollars)
Accounts
Science
FY2012
Enacted
FY2013
Authorized
FY2013
Request
$5,090.0
$5,509.6
$4,911.2
569.9
590.0
551.5
575.0
515.0
699.0
Exploration
3,770.8
5,264.0
3,932.8
Space Operations
4,233.6
4,253.3
4,013.2
138.4
145.7
100.0
2,995.0
3,276.8
2,847.5
390.0
366.9
619.2
37.3
38.7
37.0
17,800.0
19,960.0
17,711.4
Aeronautics and Space
Research and Technology
Space Technology
Education
Cross-Agency Support
Construction and
Environmental Compliance
and Restoration
Inspector General
Total: NASA
HousePassed
SenatePassed
FY2013
Enacted
Source: FY2012-enacted amounts were taken from P.L. 112-55 and the conference report for the Consolidated
and Further Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284); rescission of $30.0 million
from prior years not included. FY2013-authorized amounts taken from P.L. 111-267. FY2013-requested amounts
were taken from NASA congressional budget justification.
National Science Foundation (NSF)82
The National Science Foundation (NSF) supports basic research and education in the non-medical
sciences and engineering. Congress established the foundation as an independent federal agency
in 1950 and directed it to “promote the progress of science; to advance the national health,
prosperity, and welfare; to secure the national defense; and for other purposes.”83 The NSF is a
primary source of federal support for U.S. university research. It is also responsible for significant
shares of the federal science, technology, engineering, and mathematics (STEM) education
program portfolio and federal STEM student aid and support.
The President requests a total of $7.373 billion in funding for NSF in FY2013. This amount is
$340.0 million (4.8%) more than the foundation’s FY2012 estimated funding level of $7.033
billion and $926.9 million (12.6%) less than the America COMPETES Reauthorization Act of
2010 (P.L. 111-358) authorized level of $8.300 billion.
The NSF has six major accounts. The two largest accounts are Research and Related Activities
(R&RA), the primary source of NSF’s research funds, and Education and Human Resources
(E&HR), the primary source of NSF’s education funds. Between FY2003 and FY2012, R&RA’s
share of the NSF budget increased by 3.7%, while funding for E&HR fell by 4.0%.84 As a result,
82
This section was prepared by Heather B. Gonzalez, Specialist in Science and Technology Policy, Resources, Science,
and Industry Division.
83
The National Science Foundation Act of 1950 (P.L. 81-507), Purpose.
84
In 2003 NSF changed its account structure. Comparisons to prior years are therefore invalid. Based on CRS analysis
(continued...)
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funding for R&RA represents 80.9% of total NSF funding in FY2012 (up from 77.2% in
FY2003) and E&HR funding represents 11.8% (down from 15.8%). In 2012 constant dollars,
R&RA funding increased by $608.4 million (135.3%), while E&HR funding declined by $207.9
million (46.2%) over this same period. The President’s FY2013 budget would increase R&RA’s
share of the NSF budget by 0.3% (to 81.2%) and E&HR’s share by 0.1% (to 11.9%).85
It is not clear if these funding trends reflect evolving congressional and Administration policy
priorities and an intentional prioritization of research over education activities at the NSF or if
they reflect the cumulative impact of funding decisions made in response to specific conditions in
specific fiscal years. However, one outcome of these trends may be increased budgetary pressure
on the R&RA account, which some observers may look to for increased support of co-funded
activities such as the Graduate Research Fellowship program (GRF).86 (The R&RA contribution
now accounts for half of GRF program funding, up from 8.5% in FY2008.) The incentive to cofund education programs with research dollars could, among other things, drive a deeper
integration of NSF educational and research activities. This may be beneficial to both given the
ostensibly close connection between education and research. Alternately, increased demand for
R&RA funding from education activities may reduce funds available for other R&RA priorities.
Congress may wish to consider these policy implications as it deliberates the FY2013 NSF budget
request.87
Another issue Congress may consider as it deliberates the President’s FY2013 budget request for
NSF is the so-called “doubling path policy.” First initiated in FY2006, Congress and successive
Administrations have sought to double funding for the NSF, Department of Energy’s Office of
Science, and National Institute of Standards and Technology’s core laboratory and construction
accounts (collectively “the targeted accounts”).88 Under current authorizations for FY2011 to
FY2013, targeted account funding levels would have increased at a compound annual growth rate
of 6.3%, a pace that would result in doubling in approximately 11 years.89 However,
appropriations in FY2011 and FY2012 for the targeted accounts increased at rates of 4.6% and
(...continued)
of budgetary data from the NSF. CRS adjusted funding levels for the years prior to 2008 to reflect the shift of the
Experimental Program to Stimulate Competitive Research (EPSCoR) from the main education account to the main
research account. Data available upon request.
85
Analyses of NSF appropriations accounts do not correct for co-funded activities, such as certain education programs.
However, CRS analysis of the NSF budget by funding categories (e.g., research and development, education and
training) included in the Foundation’s Quantitative Data Tables, do correct for co-funding and show similar trends.
86
Some analysts may perceive the Foundation’s proposed Expeditions in Education (E2) initiative as an expression of
this general principle. According to the NSF, in FY2013 E2 funds will be used to develop STEM education pilot
activities in nine of 10 research directorates and in E&HR. Although many NSF directorates already engage in STEM
education activities, this initiative would establish a new source of R&RA funds for educational purposes.
87
There are a number of possible policy responses to these changes. Some policymakers may prefer increasing the
education component of the NSF budget given the ostensible relationship between STEM education and the U.S.
scientific and engineering labor supply; while others may perceive the need for research funding to be the more
pressing question given the role that research plays in the national economy. Other policymakers may seek a more
limited federal role in both the national STEM education and research efforts—some analysts assert that the federal
effort crowds out state and private efforts—and may prefer reductions to both accounts. Finally, some policymakers
may prefer the balance established in the President’s FY2013 budget for NSF, which increases both R&RA and E&HR
accounts and co-funds ostensibly integrated activities, yet continues increasing the R&RA account at the fastest rate.
88
For an analysis of the doubling effort that includes historic trends, see CRS Report R41951, An Analysis of Efforts to
Double Federal Funding for Physical Sciences and Engineering Research, by John F. Sargent Jr.
89
As authorized by the America COMPETES Reauthorization Act of 2010 (P.L. 111-358).
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4.1%, respectively (about an 18-year doubling pace). Although the President’s FY2012 budget
request initially sought funding for targeted accounts consistent with a 12-year doubling period
(about 6.0% growth rate), the Administration’s September 1, 2011, Mid-Session Review stated
that the doubling goal would need to be delayed. The President’s FY2013 budget request once
again asserts support for the doubling path policy, but seeks an overall increase of 4.1% for the
targeted accounts. This growth rate is closer to FY2012 enacted appropriations of 4.1% than it is
to the authorized growth rate of 6.3%. Some legislators have raised concerns about pursuing the
doubling effort given the nation’s current fiscal challenges, including one who urged observers
“to be realistic about the notion of doubling the NSF budget” in FY2013.90
By major account, the President’s FY2013 request for NSF is as follows.91 (See Table 12.) The
FY2013 request for R&RA is $5.983 billion, $294.3 million (5.2%) more than the FY2012
estimated level of $5.689 billion, and $654.5 million (9.9%) less than the America COMPETES
Reauthorization Act of 2010 (P.L. 111-358) authorized level of $6.638 billion. NSF’s budget
request highlights priorities in interdisciplinary research, clean energy, advanced manufacturing,
materials, wireless communications, smart systems, and cybersecurity. The FY2013 R&RA
request includes increases for all but one of the research directorates.92 The largest requested
increase (by amount and percentage) in R&RA is for the Integrative Activities (IA) account.
Increases in IA would largely apply to the R&RA contribution to the GRF program93 and to
increased support for the Integrated NSF Support Promoting Interdisciplinary Research and
Education (INSPIRE) program.94 NSF also seeks an increase in the Innovation Corps (I-Corps)
program.95
The FY2013 request for EPSCoR, which is funded in R&RA, is $158.2 million. This amount is
$7.3 million (4.8%) more than the FY2012 estimate of $150.9 million. The FY2013 request does
not establish neuroscience as a crosscutting theme, as the FY2012 CJS conference report
encouraged NSF to do; however, the foundation reports that it will leverage existing resources in
neuroscience and that it will issue a “Dear Colleague Letter” supporting research in neuroscience
and cognitive science in FY2013. The FY2013 R&RA request also includes $250,000 for a new
Giant Segmented Mirror Telescope (GSMT) planning solicitation.96
90
Opening Statement of Ranking Member Dan Lipinksi, in U.S. Congress, House Committee on Science, Space, and
Technology, Subcommittee on Research and Science Education, “The National Science Foundation’s FY2013 Budget
Request, hearings, 112th Cong., 2nd sess., February 28, 2012, http://democrats.science.house.gov/sites/
democrats.science.house.gov/files/documents/DWL%20Opening%20Statement%20NSF%20FY13%20Budget.pdf.
91
Although these accounts exist in isolation in standard budget tables, funds from different accounts may be merged at
the program level and in many cases NSF’s education, facilities, and research activities are deeply integrated as a
matter of practice.
92
Increases for the R&RA directorates range from 2.1% for Social, Behavioral, and Economic Sciences to 23.4% for
Integrative Activities. The only reduction in the request is to the U.S. Arctic Research Commission, for which NSF
seeks a $60,000 (4.1%) reduction from the FY2012 estimate of $1.45 million.
93
The FY2013 IA request for the GRF is $121.5 million, which is $33.0 million (37.3%) more than the FY2012
estimated level of $88.5 million. The FY2013 NSF-wide request for GRF is $243.0 million, which is $45.0 million
(22.7%) over the FY2012 estimate of $198.4 million. GRF is co-funded roughly equally by R&RA and E&HR.
94
The FY2013 IA request for INSPIRE is $31.0 million, $18.7 million (151.0%) more than the FY2012 estimated level
of $12.4 million. The NSF-wide request for INSPIRE is $63.0 million, $42.7 million (209.3%) more than the FY2012
estimated level of $20.4 million. All but $2.0 million of INSPIRE funding would come from R&RA.
95
The FY2013 request for the I-Corps program is $19.0 million, $11.4 million (151.3%) more than the FY2012
estimated level of $7.5 million. All but $30,000 of this funding would come from R&RA accounts.
96
The FY2012 CJS conference report directs NSF to proceed with the selection of a viable GSMT project.
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For E&HR, the President has requested $875.6 million in FY2013, $46.6 million (5.6%) more
than the FY2012 estimated level of $829.0 million and $166.2 million (16.0%) less than the
America COMPETES Reauthorization Act of 2010 (P.L. 111-358) authorized level of $1.042
billion. The FY2013 NSF budget request for E&HR reframes the foundation’s education
programs to more clearly emphasize a set of STEM education research activities and partnerships
with research directorates. NSF seeks $20.0 million ($5.0 million for each of E&HR’s divisions)
in FY2013 funding to establish the reframing effort.97 Requested changes within E&HR would
occur in tandem with the launch of a new NSF-wide initiative, Expeditions in Education (E2). The
goal for E2 activities is to use current or emerging areas of science to address STEM education
challenges.98 In addition to these efforts to integrate education and research activities at the
foundation, E&HR also seeks to increase collaboration with the Department of Education (ED)
on the Mathematics and Science Partnership (MSP) program and on efforts to establish standards
of evidence for STEM education innovations and research. The FY2013 E&HR request also
seeks to shift $30.0 million in funding from the Discovery Research K-12 and Transforming
Undergraduate Education in STEM programs to a new $60.0 million competitive grant program
aimed at fostering improvements in mathematics learning from kindergarten through college.
This program would be jointly administered with ED, which would also contribute $30.0 million.
As previously noted, the NSF request includes $121.5 million in E&HR funding for the GRF
program, an $11.9 million (10.8%) increase over the FY2012 estimate. The request reduces
funding for the Integrative Graduate Education and Research Traineeship (IGERT) program by
$8.1 million (13.6%), from $59.8 million in FY2012 (estimated level) to $51.7 million in
FY2013. Funding for minority-serving institutions (MSIs),99 the Robert Noyce Scholarship
program, and the MSP program would continue at FY2012 levels. The FY2013 NSF budget
request does not appear to include a specified funding source for Hispanic-serving institutions.
The FY2013 budget request for the Federal Cyber Services: Scholarship for Service/Cybercorps
program is $25.0 million, $20.0 million (44.4%) below the $45.0 million level established for the
program in the FY2012 CJS appropriations conference report.
The FY2013 NSF budget request for Major Research Equipment and Facilities Construction
(MREFC) is $196.2 million, $890,000 (0.5%) below the FY2012 estimate of $197.1 million and
$40.6 million (17.2%) below the America COMPETES Reauthorization Act of 2010 (P.L. 111358) authorized level of $236.8 million. NSF is not seeking funding for new MREFC projects in
FY2013. As authorized by P.L. 112-55, NSF transferred $30.0 million from the R&RA account to
MREFC in FY2012. This amount is reflected in the FY2013 request, which is $30.0 million more
than the level Congress specified in FY2012. Two of MREFC’s four funded projects in FY2013
are projected to be in the second-to-last year of their funding cycles.
NSF seeks no increases for its administrative accounts (e.g., Agency Operations and Award
Management, National Science Board, and Inspector General) in FY2013. The FY2013 request
proposes cutting or consolidating 11 foundation programs, totaling $67.0 million. Most of these
97
NSF states that these funds would be used for grants to synthesize existing work, highlight trends and challenges, and
identify future needs.
98
The total request for E2 in FY2013 is $49.0 million, of which $20.5 million will come from E&HR.
99
Funding sources for MSIs include the Historically-Black Colleges and Universities Undergraduate Program (HBCUUP), Louis Stokes Alliances for Minority Participation (LSAMP), and the Tribal Colleges and Universities Program
(TCUP), among others.
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programs are in the research directorates and have reached their planned endpoints or are
otherwise considered obsolete.
Finally, the FY2013 NSF budget request highlights the “OneNSF Framework,” which seeks to
enable seamless operations across organizational and disciplinary boundaries. This major
initiative includes previously mentioned NSF-wide activities (E2, INSPIRE, and I-Corps) as well
as other investments in smart systems, cyberinfrastructure, cybersecurity, and the Science,
Engineering and Education for Sustainability (SEES) portfolio. The foundation seeks increases
over FY2012 estimated levels for six of the seven OneNSF Framework priorities in FY2013.
Funding for other NSF-wide investments in the FY2013 request include the National
Nanotechnology Initiative ($434.9 million), the Networking and Information Technology
Research and Development program ($1.207 billion), and the U.S. Global Climate Change
Research program ($332.9 million).
Table 12. NSF Funding by Major Account
(budget authority in millions of dollars)
Account
FY2012
Estimate
Research and Related Activities
FY2013
Authorized
FY2013
Request
$5,689.0
$6,638.0
$5,983.3
Biological Sciences
712.4
n/s
733.9
Computer and Information
Science and Engineering
653.6
n/s
709.7
Engineering
826.2
n/s
876.3
Geosciences
885.3
n/s
906.4
1,309.0
n/s
1,345.2
Social, Behavioral, and
Economic Sciences
254.3
n/s
259.6
Office of Cyberinfrastructure
211.6
n/s
218.3
Office of International Science
and Engineering
49.9
n/s
51.3
U.S. Polar Programs
435.9
n/s
449.7
Integrative Activities
349.6
n/s
431.5
U.S. Arctic Research
Commission
1.45
n/s
1.39
Education and Human Resources
829.0
1,041.8
875.6
Major Research Equipment and
Facilities Construction
197.1
236.8
196.2
Agency Operations and Award
Management
299.4
363.7
299.4
4.4
4.9
4.4
14.2
15.0
14.2
7,033.1
8,300.0
7,373.1
Mathematical and Physical
Sciences
National Science Board
Office of the Inspector General
Total: NSF
Congressional Research Service
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FY2013
enacted
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Source: Numbers in the “FY2012 Estimate” and “FY2013 Request” columns are from the FY2013 NSF Budget
Request to Congress. Numbers in the “FY2013 Authorized” column are from the America COMPETES
Reauthorization Act of 2010 (P.L. 111-358).
Notes: “n/s” means “not specified.” CRS was unable to identify a defined amount of funding for this account.
Numbers are rounded. The FY2012 estimate includes the FY2012-enacted levels as adjusted to reflect a onetime $30.0 million transfer from R&RA to MREFC (as authorized by P.L. 112-55).
Related Agencies
For FY2013, the Administration requests a total of $929.2 million for the related agencies. The
Administration’s request is 8.5% greater than the $856.6 million appropriated for FY2012.
Table 13. Funding for Related Agencies
(budget authority in millions of dollars)
Commission, Office, or
Corporation
FY2012
Enacted
FY2013
Request
U.S. Commission on Civil Rights
$9.2
$9.4
Equal Employment Opportunity
Commission
360.0
373.7
International Trade Commission
80.0
82.8
348.0
402.0
3.0
3.1
51.3
53.0
5.1
5.1
856.6
929.2
Legal Services Corporation
Marine Mammal Commission
Office of the U.S. Trade
Representative
State Justice Institute
Total: Related Agencies
HousePassed
SenatePassed
FY2013
Enacted
Source: FY2012-enacted amounts were taken from the conference report for the Consolidated and Further
Continuing Appropriations Act, 2012 (P.L. 112-55, H.Rept. 112-284). FY2013-requested amounts were taken
from the appendix to the Budget of the United States Government, Fiscal Year 2013.
Note: Amounts may not add to totals due to rounding.
Commission on Civil Rights
Established by the Civil Rights Act of 1957, the U.S. Commission on Civil Rights (the
Commission)
•
investigates allegations of citizens who may have been denied the right to vote
based on color, race, religion, or national origin;
•
studies and gathers information on legal developments constituting a denial of
the equal protection of the laws;
•
assesses the federal laws and policies in the area of civil rights; and
•
submits reports on its findings to the President and Congress when the
Commission or the President deems it appropriate.
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The Administration’s FY2013 budget request includes $9.4 million for the Commission, an
amount that is 2.3% greater than the FY2012 appropriation of $9.2 million.
Equal Employment Opportunity Commission (EEOC)100
The Equal Employment Opportunity Commission (EEOC) enforces several laws that ban
employment discrimination based on race, color, national origin, sex, age, or disability. In the past
few years, appropriators were particularly concerned about the agency’s ability to reduce the
pending inventory of charges due to rising caseloads and limited staff. Due to new hires of
enforcement staff and developments in technology, the EEOC progressed in reducing the pending
inventory of cases in FY2011.
The President’s FY2013 budget request for the EEOC is $373.7 million, which is 3.8% or $13.7
million more than the FY2012 enacted level of $360.0 million. Out of the $373.7 million, up to
$29.5 million is requested for payments to state and local entities with which the agency has
work-sharing agreements to address workplace discrimination within their jurisdictions (i.e., Fair
Employment Practices Agencies, FEPAs, and Tribal Employment Rights Organizations, TEROs).
This is the same amount the agency paid to these groups for FY2012.
The pending inventory of private sector cases filed with the EEOC was reduced from 86,338 at
the end of FY2010 to 78,136 at the end of FY2011, a 9.5% decline.101 According to the
Commission, the decline reflects the ability of the EEOC to embrace technological advances and
hire key frontline enforcement staff in 2009 and 2010. The FY2013 request for 85 new hires,
including 46 investigator positions, as well as other mediator, support staff, and attorney
positions, will continue to address the agency workload.
The EEOC federal sector hearings workload was 15,709 hearings in FY2011 and is estimated to
decrease slightly to 15,356 in FY2012.102 The Commission continues to implement technology
initiatives to support the federal sector program, such as the HotDocs Software, a commercial
document assembly software package, which would streamline the writing phase of the hearings
process.
U.S. International Trade Commission (ITC)103
The U.S. International Trade Commission (ITC) is an independent, quasi-judicial agency
established by Congress that advises the President and Congress on U.S. foreign economic
policies. In its Strategic Plan for 2009-2014, the ITC identified the following five strategic
operations, which define the functions of the agency: (1) import injury investigations, (2)
intellectual property-based imports investigations, (3) industry and economic analysis, (4) tariff
100
This section was prepared by Abigail Rudman, Information Research Specialist, Knowledge Services Group,
Domestic Social Policy Division.
101
FY2013 Equal Employment Opportunity Commission, Congressional Budget Justification, Chart 4. Private Sector
Charges Pending at Year End for FY2009 to FY2015, http://www.eeoc.gov/eeoc/plan/2013budget.cfm#chart4
102
FY2013 Equal Employment Opportunity Commission, Congressional Budget Justification, Chart 9. Federal Sector
Hearings Workload FY2009 to FY2015, http://www.eeoc.gov/eeoc/plan/2013budget.cfm#chart9
103
This section was written by M. Angeles Villarreal, Specialist in International Trade and Finance, Foreign Affairs,
Defense, and Trade Division.
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and trade information services, and (5) trade policy support.104 As a matter of policy, its budget
request is submitted to Congress by the President without revision.
The Administration requested $82.8 million for the ITC for FY2013, an amount that is $2.8
million, or 3.5%, more than the FY2012-enacted appropriation of $80.0 million.
Legal Services Corporation (LSC)105
The Legal Services Corporation (LSC) is a private, nonprofit, federally funded corporation that
provides grants to local offices that, in turn, provide legal assistance to low-income people in civil
(noncriminal) cases. The LSC has been controversial since its incorporation in the early 1970s
and has been operating without authorizing legislation since 1980. There have been ongoing
debates over the adequacy of funding for the agency and the extent to which certain types of
activities are appropriate for federally funded legal aid attorneys to undertake. In annual
appropriations bills, Congress traditionally has included legislative provisions restricting the
activities of LSC-funded grantees, such as prohibiting any lobbying activities or prohibiting
representation in certain types of cases.
Although the authorization of appropriations for the LSC expired at the end of FY1980, the LSC
has operated for the past 32 years under annual appropriations laws.
For FY2013, the Obama Administration requests $402.0 million for the LSC. This amount is
$54.0 million (15.5%) above the FY2012 appropriation of $348.0 million for the LSC. The
Administration’s FY2013 budget request includes $376.8 million for basic field programs and
required independent audits, $17.0 million for management and grants oversight, $3.0 million for
client self-help and information technology, $4.2 million for the Office of the Inspector General,
and $1.0 million for loan repayment assistance. The Obama Administration also proposes that
LSC restrictions on class action suits and attorneys’ fees be eliminated.
Marine Mammal Commission (MMC)106
The Marine Mammal Commission (MMC) is an independent agency of the executive branch,
established under Title II of the Marine Mammal Protection Act (MMPA; P.L. 92-522). The
MMC and its Committee of Scientific Advisors on Marine Mammals provide oversight and
recommend actions on domestic and international topics to advance policies and provisions of the
Marine Mammal Protection Act. As funding permits, the Marine Mammal Commission supports
research to further the purposes of the MMPA.
The Administration’s FY2013 request for the MMC is $3.1 million, which would represent a
1.9% increase compared to FY2012-enacted funding of $3.0 million.
104
U.S. Office of Management and Budget, The President’s Budget Fiscal Year 2012 Appendix, Other Independent
Agencies, U.S. International Trade Commission, p. 1249.
105
This section was prepared by Carmen Solomon-Fears, Specialist in Social Policy, Domestic Social Policy Division.
106
This section was prepared by Eugene H. Buck, Specialist in Natural Resources Policy; Resources, Science, and
Industry Division.
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Office of the U.S. Trade Representative (USTR)107
The Office of the U.S. Trade Representative (USTR), located in the Executive Office of the
President, is responsible for developing and coordinating U.S. international trade and direct
investment policies. The USTR is the President’s chief negotiator for international trade
agreements, including commodity and direct investment negotiations. USTR also conducts U.S.
affairs related to the World Trade Organization.
The Administration requests $53.0 million for the USTR for FY2013, an amount that is $1.7
million, or 3.3%, more than the FY2012-enacted amount of $51.3 million. In the State of the
Union Address, the President called for the creation of a new trade enforcement unit to enhance
U.S. capabilities to aggressively challenge unfair trade practices around the world, particularly in
China. The Administration’s FY2013 request for USTR includes an increase of $1.7 million to
help create a new Interagency Trade Enforcement Center (ITEC), which will be directed by
USTR.
State Justice Institute (SJI)
The State Justice Institute (SJI) is a nonprofit corporation that makes grants to state courts and
funds research, technical assistance, and informational projects aimed at improving the quality of
judicial administration in state courts across the United States. It is governed by an 11-member
board of directors appointed by the President and confirmed by the Senate.108 Under the terms of
its enabling legislation, SJI is authorized to present its budget request directly to Congress, apart
from the President’s budget. The Administration’s request for SJI is $5.1 million, which is the
same at the FY2012 appropriation.
107
This section was written by M. Angeles Villarreal, Specialist in International Trade and Finance, Foreign Affairs,
Defense, and Trade Division.
108
By law, the President must appoint six state court judges, one state court administrator, and four members of the
public, no more than two of whom may be of the same political party.
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Table 14. Funding for CJS Agencies, by Account, FY2009-FY2013
(budget authority in millions of dollars)
Bureau or Agency
FY2009
Enacted
FY2010
Enacted
FY2011
Enacted
FY2012
Enacted
FY2013
Enacted
Department of Commerce
International Trade Administration
$420.4
$446.8
$440.7
$455.6
83.7
100.3
100.1
101.0
Economic Development Administration
312.8a
293.0
283.4
457.5
Minority Business Development Agency
29.8
31.5
30.3
30.3
Economic and Statistical Analysis
90.6
97.2
97.1
96.0
3,139.9b
7,324.7
1,149.7
888.3
39.2c
40.0
41.6
45.6
2,010.1
2,016.0
2,090.0
2,706.3
-2,087.0
-1,887.0
-2,090.0
-2,706.3
819.0d
856.6
750.1
750.8
4,365.2e
4,737.5
4,588.0
4,893.7
83.8f
107.5
99.8
88.9
9,307.5
14,164.2g
7,580.9
7,807.7
2,067.8
2,276.7
2,208.1
2,227.9
General Administration
370.8
456.9
312.2
262.1
Administrative Review & Appeals
266.0
296.7
296.1
301.0
1,355.3
1,438.7
1,515.6
1,580.6
75.7h
84.4
84.2
84.2
12.6
12.9
12.8
12.8
2,918.2
3,085.2
3,177.3
3,187.2
805.7
875.1
863.4
863.4
1,851.3
1,934.0
1,930.1
1,960.0
261.2
276.1
383.8
363.8
964.0
1,152.4
1,140.1
1,189.0
85.2
87.9
87.8
87.0
515.0
528.6
527.5
527.5
Federal Bureau of Investigation
7,336.2
7,898.5
7,926.3
8,118.0
Drug Enforcement Administration
1,959.1
2,019.7
2,015.6
2,035.0
Bureau of Alcohol, Tobacco, Firearms & Explosives
1,068.2
1,120.8
1,112.5
1,152.0
Federal Prison System
6,178.9
6,188.1
6,384.1
6,644.0
415.0j
418.5
417.7
412.5
2,066.6
2,283.5
1,697.9
1,616.3
220.0
235.0
234.5
113.0
Bureau of Industry and Security
Census Bureau
National Telecommunications and Information Administration
U.S. Patent and Trademark Office
Offsetting Fee Receipts USPTO
National Institute of Standards and Technology
National Oceanic and Atmospheric Administration
Departmental Management
DOC Subtotal
Department of Justice
General Administration
Detention Trustee
Office of the Inspector General
U.S. Parole Commission
Legal Activities
General legal activities
United States Attorneys
Otheri
U.S. Marshals Service
National Security Division
Interagency Law Enforcement
Office of Violence Against Women
Office of Justice Programs
Justice Assistance
Congressional Research Service
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Bureau or Agency
FY2009
Enacted
State and Local Law Enforcement Assistance
FY2010
Enacted
FY2011
Enacted
FY2012
Enacted
1,328.5k
1,534.8
1,117.8
1,162.5
25.0
20.0
—
—
Juvenile Justice Programs
374.0
423.6
275.4
262.5
Public Safety Officers Benefits
119.1
70.1
70.1
78.3
Community Oriented Policing Services
550.5l
791.6
494.9
198.5
195.0m
213.4
186.6
—
26,332.3
28,077.7n
27,389.2
27,407.7
5.3
7.0
6.6
4.5
17,782.4o
18,724.3
18,448.0
17,800.0
6,490.4p
6,926.5
6,859.9
7,033.1
24,278.1
25,657.8
25,314.5
24,837.6
8.8
9.4
9.4
$.2
343.9
367.3
366.6
360.0
75.1
81.9
81.7
80.0
390.0
420.0
404.2
348.0
Marine Mammal Commission
3.2
3.3
3.2
3.0
National Veterans Business Development Corporation
—
—
—
—
47.3
47.8
47.7
51.3
4.1
5.1
5.1
5.1
872.4
934.8
917.9
856.6
60,790.3q
68,834.5r
61,202.5s
60,909.6t
15,922.0
—
—
—
Weed and Seed
OVW, OJP, and COPS Salaries and Expenses
DOJ Subtotal
FY2013
Enacted
Science Agencies
Office of Science and Technology Policy
National Aeronautics and Space Administration
National Science Foundation
Science Agencies Subtotal
Related Agencies
Commission on Civil Rights
Equal Employment Opportunity Commission (EEOC)
International Trade Commission
Legal Services Corporation
U.S. Trade Representative
State Justice Institute
Related Agencies Subtotal
Total Appropriations
American Recovery and Reinvestment Act
Source: FY2008-enacted amounts taken from the House Committee on Appropriations’ Committee Print on
the Omnibus Appropriations Act, 2009 (P.L. 111-8), Division B. FY2009-enacted amounts taken from H.Rept.
111-366. FY2010-enacted amounts taken from S.Rept. 111-229. FY2011-enacted amounts were taken from
H.Rept. 112-169. FY2012-enacted amounts were taken from H.Rept. 112-284.
Note: Amounts may not add to totals due to rounding.
a.
This amount does not include the $150.0 million that the Economic Development Administration received
under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
b.
This amount does not include the $1.0 billion that the Census Bureau received under the American
Recovery and Reinvestment Act of 2009 (P.L. 111-5).
c.
This amount does not include the $5.4 billion that the National Telecommunication and Information
Administration received under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
d.
This amount does not include the $580.0 million that the National Institute of Standards and Technology
received under the American Recovery and Reinvestment Act (P.L. 111-5).
e.
This amount does not include the $830.0 million that the National Oceanic and Atmospheric
Administration received under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
Congressional Research Service
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
f.
This amount does not include the $6.0 million that the Office of the Inspector General received under the
American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
g.
This amount does not include $105.0 million in supplemental funding for the Department of Commerce
(P.L. 111-212 and P.L. 111-224), of which $54.0 million was for the Economic Development Administration
and $51.0 million was for the National Oceanic and Atmospheric Administration. However, it does include
$129.0 in supplemental funding for the U.S. Patent and Trademark Office,
h.
This amount does not include the $2.0 million that the Office of the Inspector General received under the
American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
i.
“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.
j.
This amount does not include the $225.0 million that the Office on Violence Against Women received
under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
k.
This amount does not include the $2.765 billion appropriated for the State and Local Law Enforcement
Assistance account under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
l.
This amount does not include the $1.0 billion the Community Oriented Policing Services Office received
under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
m.
This amount does not include the $10.0 million appropriated for OVW, OJP, and COPS Salaries and
Expenses under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
n.
This amount does not include $206.0 million in supplemental funding for the Department of Justice (P.L.
111-212 and P.L. 111-230), of which $2.1 million was for Administrative Review and Appeals; $7.0 million
was for the Office of the Federal Detention Trustee; $13.9 million was for General Legal Activities; $9.2
million was for the U.S. Attorneys; $37.7 million was for the U.S. Marshals; $21.0 million was for
Interagency Law Enforcement; $24.0 million was for the Federal Bureau of Investigation; $33.7 million was
for the Drug Enforcement Administration; $37.5 million was for the Bureau of Alcohol, Tobacco, Firearms,
and Explosives; and $20.0 million was for the Federal Prison System.
o.
This amount does not include the $1.002 billion the National Aeronautics and Space Administration
received under the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
p.
This amount does not include the $3.002 billion the National Science Foundation received under the
American Recovery and Reinvestment Act of 2009 (P.L. 111-5).
q.
This amount does not include $610.6 million in rescissions of unobligated balances.
r.
This amount does not include $531.2 million in rescissions of unobligated balances included in P.L. 111-117;
$111.5 million in rescissions of unobligated balances included in P.L. 111-212; $129.0 million in rescissions of
unobligated balances included in P.L. 111-224; and $1.788 billion in rescissions of unobligated balances
included in P.L. 112-6.
s.
This amount does not include $2.416 billion in rescissions of unobligated balances.
t.
This amount does not include $905.9 million in rescissions of unobligated balances.
Congressional Research Service
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Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Author Contact Information
Nathan James, Coordinator
Analyst in Crime Policy
[email protected], 7-0264
Wendy H. Schacht
Specialist in Science and Technology Policy
[email protected], 7-7066
Jennifer D. Williams, Coordinator
Specialist in American National Government
[email protected], 7-8640
M. Angeles Villarreal
Specialist in International Trade and Finance
[email protected], 7-0321
John F. Sargent Jr., Coordinator
Specialist in Science and Technology Policy
[email protected], 7-9147
Daniel Morgan
Specialist in Science and Technology Policy
[email protected], 7-5849
William J. Krouse
Specialist in Domestic Security and Crime Policy
[email protected], 7-2225
Heather B. Gonzalez
Specialist in Science and Technology Policy
[email protected], 7-1895
Kristin M. Finklea
Specialist in Domestic Security
[email protected], 7-6259
Eugene Boyd
Analyst in Federalism and Economic Development
Policy
[email protected], 7-8689
Lisa N. Sacco
Analyst in Illicit Drugs and Crime Policy
[email protected], 7-7359
Dana A. Shea
Specialist in Science and Technology Policy
[email protected], 7-6844
Ian F. Fergusson
Specialist in International Trade and Finance
[email protected], 7-4997
Eugene H. Buck
Specialist in Natural Resources Policy
[email protected], 7-7262
Harold F. Upton
Analyst in Natural Resources Policy
[email protected], 7-2264
Abigail B. Rudman
Information Research Specialist
[email protected], 7-9519
Linda K. Moore
Specialist in Telecommunications Policy
[email protected], 7-5853
Carmen Solomon-Fears
Specialist in Social Policy
[email protected], 7-7306
Congressional Research Service
52
Commerce, Justice, Science, and Related Agencies: FY2013 Appropriations
Key Policy Staff
Area of Expertise
Name
Phone
E-mail
Department of Justice
Nathan James
7-0264
[email protected]
Department of Commerce
Jennifer Williams
7-8640
[email protected]
Science Agencies
John Sargent
7-9147
[email protected]
OJP, COPS, BOP, U.S. Marshals
Nathan James
7-0264
[email protected]
FBI, ATF, U.S. Attorneys
William Krouse
7-2225
[email protected]
Juvenile Justice
Kristin Finklea
7-6259
[email protected]
DEA, OVW
Lisa N. Sacco
7-7359
[email protected]
M. Angeles Villarreal
7-0321
[email protected]
BIS
Ian F. Fergusson
7-4997
[email protected]
EDA, MBDA
Eugene Boyd
7-8689
[email protected]
Telecommunications, NTIA
Linda K. Moore
7-5853
[email protected]
Census Bureau, ESA
Jennifer Williams
7-8640
[email protected]
Patent and Trademark Office, NIST
Wendy H. Schacht
7-7066
[email protected]
Office of Science and Technology
Policy
Dana A. Shea
7-6844
[email protected]
NOAA
Harold F. Upton
7-2264
[email protected]
NASA
Daniel Morgan
7-5849
[email protected]
NSF
Heather B. Gonzalez
7-1895
[email protected]
Marine Mammal Commission
Eugene H. Buck
7-7262
[email protected]
Equal Employment Opportunity
Commission
Abigail B. Rudman
7-9519
[email protected]
Legal Services Corporation
Carmen Solomon-Fears
7-7306
[email protected]
State Justice Institute
Denis Steven Rutkus
7-7162
[email protected]
Departments
Agencies and Policy Areas
Trade-related agencies:
ITA, ITC, USTR, NIPLECC
Congressional Research Service
53
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