Commerce, Justice, Science, and Related Agencies: FY2010 Appropriations
Released: 2010-01-19T00:00:00

Most Recent Developments

The Administration requested a total budget authority of $67.551 billion in budget authority for Commerce, Justice, Science, and Related Agencies (CJS) for FY2010. This amounts to a $6.904 billion, or 11.1% increase over the $60.79 billion enacted for FY2009 (not including funding included in the American Recovery and Reinvestment Act, P.L. 111-5 ). The Administration's proposal included $13.789 billion for Commerce, $27.074 billon for Justice, $25.737 billion for Science, and $950.9 million for related agencies.

On June 12, 2009, the House Appropriations Committee reported the FY2010 CJS appropriations bill ( H.R. 2847 ). The House passed H.R. 2847 on June 18, 2009. The House-passed bill included a total of $67.695 billion for CJS, 11.4% more than the total appropriated for FY2009 and 0.2% more than the Administration's FY2010 request.

On June 25, 2009, the Senate Appropriations Committee reported H.R. 2847 with an amendment in the nature of a substitute. The Senate passed its version of H.R. 2847 on November 5, 2009. The Senate-passed version of H.R. 2847 would have provided a total of $67.953 billion for CJS. The proposed amount would have represented a 11.8% increase over what was appropriated for FY2009. The Senate-passed amount would have been a 0.6% increase over the Administration's request, and it would have been 0.4% more than what was included in the House-passed bill.

The Supplemental Appropriations Act, 2009 ( P.L. 111-32 ), was signed into law by President Obama on June 24, 2009. The Supplemental Appropriations Act provided a total of $205.1 million for CJS departments and agencies. Of this amount, $40.0 million was for the Department of Commerce and $165.1 million was for the Department of Justice (DOJ).

On December 8, 2009, a conference committee met to resolve differences between the House- and Senate-passed versions of Transportation-Housing and Urban Development (HUD) appropriations bill ( H.R. 3288 ). The version of H.R. 3288 reported by the conference committee—now entitled the Consolidated Appropriations Act, 2010—included six of the seven FY2010 appropriations bills that had not yet been signed into law. On December 16, 2009, President Obama signed the Consolidated Appropriations Act, 2010 ( P.L. 111-117 , hereafter, "the act") into law. The act includes a total of $68.705 billion for CJS, an amount that is 13.0% more than the FY2009-enacted amount, 1.7% more than the Administration's request, 1.5% more than the House-passed amount, and 1.1% more than the Senate-passed amount.

The American Recovery and Reinvestment Act of 2009

On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 ( P.L. 111-5 ; ARRA). The amounts appropriated by Congress in the ARRA are in addition to the amounts appropriated in the Omnibus Appropriations Act, 2009 ( P.L. 111-8 ) (described above). The ARRA included $15.922 billion for CJS departments and agencies. For Commerce, the ARRA provided $7.916 billion, for Justice, the ARRA provided $4.002 billion, and for science agencies, the ARRA provided $4.004 billion.

FY2010 Appropriations

This report uses the House report to accompany H.R. 2847 ( H.Rept. 111-149 ) and the text of the Supplemental Appropriations Act, 2009 ( P.L. 111-32 ), as the source for the FY2009-enacted and the FY2010-requested amounts, and it uses the Senate report to accompany H.R. 2847 ( S.Rept. 111-34 ) as the source for the amounts in the House-passed bill. The Senate-passed version of H.R. 2847 is used as the source for the Senate-passed amounts. The joint explanatory statement to accompany the Consolidated Appropriations Act, 2010 (P.L. 111-117, H.Rept. 111-366), is the source for the FY2010 enacted amounts.

The Administration requested a total of $67.551 billion in budget authority for CJS for FY2010. This amounts to a $6.094 billion, or 11.1%, increase over the $60.79 billion enacted for FY2009 (not including and funding included in the ARRA). The Administration's proposal included $13.789 billion for Commerce, $27.074 billon for Justice, $25.737 billion for Science, and $950.9 million for related agencies. The House-passed bill would have provided a total of $67.695 billion for CJS for FY2010, which would have been 11.4% more than the amount appropriated for FY2009 and 0.2% more than the Administration's request. This amount included $13.841 billion for Commerce, $27.751 billion for Justice, $25.147 billion for Science, and $956.2 million for related agencies. The Senate-passed bill would have provided a total of $67.953 billion for CJS for FY2010, which would have been 11.8% more than what was appropriated for FY2009, 0.6% more than the Administration's request, and 0.4% more than the House-recommended amount. The proposed funding would have included $14.043 billion for Commerce, $27.385 billion for Justice, $25.609 billion for Science, and $916.0 million for related agencies. The act includes a total of $68.705 billion for CJS, an amount that is 13.0% more than the FY2009-enacted amount, 1.7% more than the Administration's request, 1.5% more than the House-passed amount, and 1.1% more than the Senate-passed amount. The act provides $14.035 billion for Commerce, $28.078 billion for Justice, $25.658 billion for Science, and $934.8 million for related agencies.

Survey of Selected Issues

Department of Commerce

Congress could have considered the following FY2010 appropriations issues concerning the Department of Commerce:

funding and overseeing the implementation of the 2010 decennial census; whether to have funded proposed increases for programs under the Economic Development Administration to assist distressed areas affected by unemployment as a result of the recession; the ability of U.S. trade agencies and the U.S. Patent and Trademark Office to fight intellectual property infringement abroad; the efficacy of U.S. trade agency enforcement of U.S. trade remedy laws against unfair foreign competition; whether to have provided the U.S. Patent and Trademark Office with the authority to use all the fees it collects in a fiscal year; supporting the National Oceanic and Atmospheric Administration's (NOAA's) climate research, endangered species recovery, and fisheries management; and whether to have funded NOAA's satellite programs to enhance environmental and weather data and information.

Department of Justice (DOJ)

There are several issues Congress could have considered when determining the appropriate level of funding for DOJ agencies and bureaus. Those issues include the following:

continued oversight of the Federal Bureau of Investigation's (FBI) transformation and the redirection of a larger share of its resources away from traditional crime and towards combating domestic and international terrorism; limitations on the use of funds for anticipated DOJ administrative costs related to transferring Guantánamo detainees before closing the facility; increased funding to improve law enforcement's capacity to combat the trafficking of illicit drugs and firearms along the southwest border; increased funding for investigating and prosecuting mortgage and financial fraud; whether to have eliminated funding for the State Criminal Alien Assistance Program (SCAAP); increased funding for the Bureau of Prisons (BOP) in light of its recent reporting that BOP facilities were operating at 36% over rated capacity at the end of 2008 and they project that facilities will be 37% over rated capacity at the end of 2009; and whether to have fully funded the re-entry programs authorized by the Second Chance Act of 2007.

Science Agencies

Among the issues facing science agencies that Congress could have addressed in the FY2010 appropriations process were:

whether to have funded research and related activities at the National Science Foundation (NSF), National Institute of Standards and Technology, and Department of Energy Office of Science at the levels authorized in the America COMPETES Act ( P.L. 110-69 ) and endorsed in the FY2010 joint budget resolution ( S.Con.Res. 13 ) ; whether to have increased funding to the President's Office of Science and Technology Policy (OSTP) to support two additional associate directors, the President's Open Government Initiative, and the President's Council of Advisors on Science and Technology; whether to have funded climate change and clean energy research that has been requested in the NSF FY2010 budget request; whether to have funded NSF's work under the National Nanotechnology Initiative directed at understanding and exploiting the unique properties of matter that can emerge at the nanoscale, as well as toward understanding and addressing nanotechnology-related environmental, health, and safety concerns; and determining the future direction of the National Aeronautics and Space Administration's (NASA) human spaceflight program. For the past few years this has been guided by the Vision for Space Exploration, announced by President Bush in 2004 and endorsed by Congress in the 2005 and 2008 NASA authorization acts ( P.L. 109-155 and P.L. 110-422 ). In May 2009, NASA announced an independent review of its human spaceflight plans. Nearly $4 billion of NASA's budget request for FY2010 is tentative pending the results of the review.

Related Agencies

The Related Agencies include the Commission on Civil Rights (Commission), the Equal Employment Opportunity Commission (EEOC), The U.S. International Trade Commission (ITC), the Legal Services Corporation (LSC), the Marine Mammal Commission (MMC), the Office of the U.S. Trade Representative (USTR), and the State Justice Institute (SJI). Some of the issues that Congress could have addressed in the FY2010 appropriations process include

whether to have increased funding to accommodate the Administration's request to, in part, hire 224 new employees who would help address the anticipated increase in its workload (EEOC is projecting that its backlog of private sector charges will increase by 39% between FY2010 and FY2009); whether to have funded for the Commission should be increased as appropriations for it have remained at about $9 million each fiscal year (FY) since FY1995; whether to have funded for the LSC should be increased to reflect the Administration's proposal to increase LSC by $45 million; and whether to have eliminated some of the restrictions on permissible activities of LSC-funded legal service programs.

Department of Commerce7

The origin of the Department of Commerce (Commerce Department) dates to 1903 with the establishment of the Department of Commerce and Labor. The separate Commerce Department was established on March 4, 1913. 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 to improve the trade performance of U.S. industry; Bureau of Industry and Security (BIS), formerly the Bureau of Export Administration, enforces U.S. export laws consistent with national security, foreign policy, and short-supply objectives; Economic Development Administration (EDA) provides grants for economic development projects in economically distressed communities and regions; Minority Business Development Agency (MBDA) seeks to promote private and public sector investment in minority businesses; Economic and Statistics Administration (ESA) , excluding the Bureau of the Census, 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; Bureau of the Census, a component of ESA, collects, compiles, and publishes a broad range of economic, demographic, and social data; National Telecommunications and Information Administration (NTIA) advises the President on domestic and international communications policy, manages the federal government's use of the radio frequency spectrum, and performs research in telecommunications sciences; United States Patent and Trademark Office (USPTO) examines and approves applications for patents for claimed inventions and registration of trademarks; National Institute of Standards and Technology (NIST) assists industry in developing technology to improve product quality, modernize manufacturing processes, ensure product reliability, and facilitate rapid commercialization of products on the basis of new scientific discoveries; and National Oceanic and Atmospheric Administration (NOAA) provides scientific, technical, and management expertise to (1) promote safe and efficient marine and air navigation; (2) assess the health of coastal and marine resources; (3) monitor and predict the coastal, ocean, and global environments (including weather forecasting); and (4) protect and manage the nation's coastal resources.

FY2010 Budget Request

Table 2 presents the following funding information for the Commerce Department: the FY2009- enacted appropriations, emergency supplemental appropriations, the President's FY2010 request, the House-passed and Senate-passed amounts, and the amounts in the Consolidated Appropriations Act, 2010 ( P.L. 111-117 ).

The Administration requested a total of $13.789 billion for the Department of Commerce, a $4.481 billion, or 48.1%, increase over FY2009 appropriations. The House-passed bill would have provided a total of $13.841 billion for Commerce, an increase of 48.7% over FY2009 funding and 0.4% more than the FY2010 request. The Senate-passed measure would have provided a total of $14.043 billon for Commerce. This figure would have been 50.9% more than the FY2009-enacted funding, 1.8% more than the President's FY2010 request, and 1.5% more than the amount in the House-passed bill . The act provides $14.035 billion for Commerce, 50.8% above the FY2009-enacted amount, 1.8% more than the Administration's request, 1.4% more than the House approved, and 0.06% below the Senate's recommendation.

International Trade Administration (ITA)11

The ITA provides export promotion services, works to assure compliance with trade agreements, administers trade remedies such as antidumping and countervailing duties, and provides analytical support for ongoing trade negotiations. ITA's mission is to improve U.S. prosperity by strengthening the competitiveness of U.S. industry, promoting trade and investment, and ensuring fair trade and compliance with trade laws and agreements. ITA strives to accomplish this through the following 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 FY2010 enacted amount for ITA is $446.8 million, $6.5 million (1.5%) more than the Administration's request of $440.3 million and $26.4 million (6.3%) more than the FY2009 funding level of $420.4 million. The enacted legislation anticipates the collection of $9.4 million in fees, the same amount as in the budget request, which would raise available FY2010 funds to $456.2 million. The House-passed bill would have provided $435.0 million for ITA, a 3.5% increase over FY2009 appropriations but 1.2% less than the Administration's request. The Senate-passed bill would have provided ITA with $446.3 million, $25.8 million (6.1%) above the FY2009 appropriation, $6.0 million (1.4%) above the budget request, and $11.3 million (2.6%) above the House-recommended amount.

ITA's budget request listed the following priorities for FY2010: improving the domestic business environment to ensure that U.S. firms remain competitive; expanding market access and promoting U.S. exports; ensuring compliance with and enforcement of trade agreements; supporting the conclusion of the Doha Round of World Trade Organization negotiations; supporting the development and implementation of free trade agreements; strengthening public-private partnerships and implementing commercial strategies to promote exports; and advancing communication and outreach efforts to improve customer satisfaction. Some issues that Congress may have considered in its evaluation of the budget request were ITA's role in ensuring compliance with and enforcement of trade agreements, and the diminishing number of officers conducting core commercial activities in the U.S. Foreign Commercial Service of ITA. The Senate-passed bill directed the Administration to reverse the trend of staff reductions and improper staff assignments in the Foreign Commercial Service, and recommended an additional $4.5 million above the budget request for ITA to address these staffing issues. The Senate-passed bill also recommended an additional $1.5 million above the budget request for ITA for congressionally designated projects.

Bureau of Industry and Security (BIS)13

The BIS administers export controls on dual-use goods and technology through its licensing and enforcement functions. It cooperates with other nations on export control policy and provides assistance to the U.S. business community to comply with U.S. and multilateral export controls. BIS also administers U.S. anti-boycott statutes, and is charged with monitoring the U.S. defense industrial base. Authorization for the activities of BIS, the Export Administration Act, expired in August 2001. On August 17, 2001, President George W. Bush invoked the authorities granted by the International Economic Emergency Powers Act to continue in effect the system of controls contained in the act and by the Export Administration Regulations, and that authority has been renewed yearly.

The act includes $100.3 million for BIS, the same figure as both the House-passed and Senate-passed bills and the President's request. The FY2010 request was a $16.7 million (20.0%) increase from the FY2009-enacted funding level of $83.7 million. The FY2010 request for BIS was divided among licensing activities ($54.4 million), enforcement activities ($39.9 million), and management and policy coordination ($6.1 million). Of these amounts, $14.8 million was requested for Chemical Weapons Convention enforcement. The $16.7 million increase in the BIS request was divided between $11.8 million for new policy initiatives and $4.9 million for base adjustments. The new policy initiatives consisted of $10.0 million to overhaul the Bureau's information technology system after reports of cyber-espionage attempts against its systems and $1.8 million for the Bureau's weapons of mass destruction and improvised explosive device enforcement initiative. In FY2009, BIS had budget authority for 353 positions. With base adjustments and new initiatives, BIS sought budget authority for 362 positions for FY2010.

Economic Development Administration (EDA)17

The EDA was created by the passage of the Public Works and Economic Development Act (PWEDA) of 1965, with the objective of fostering growth in economically distressed areas characterized by high levels of unemployment and low per-capita income levels. Federally designated disaster areas and areas affected by military base realignment or closure (BRAC) are also eligible for EDA assistance. One of EDA's policy priorities for FY2010 is to assist distressed areas affected by unemployment as a result of the recession, in particular funding for regional planning and matching grants for regional innovation clusters, and the launch of a national network of public-private business incubators.

The President requested $284.0 million for EDA for FY2010, a decrease of 9.2% compared to the FY2009 appropriation of $312.8 million. Funding for the Economic Development Assistance Program (EDAP) would have decreased 1.2%, from $249.1 million to $246.0 million. Salaries and expenses would have increased 23.2%, from $30.8 million to $38.0 million. For FY2010, the President's request would have funded seven programmatic areas, including public works, planning assistance, technical assistance, research and evaluation, trade adjustment assistance, economic adjustment assistance, and the Global Climate Change Mitigation Incentive Fund.

The House-passed bill approved $293.0 million for EDA, 6.3% less than FY2009 funding and 3.2% more than the FY2010 request. The Senate-passed bill included $238.0 million for EDA, 23.9% less than the FY2009 appropriation, 16.2% less than the FY2010 request, and 18.8% less than the House-passed amount.

The act provides $293.0 million in funding for EDA, a decrease of 6.3% over the FY2009 appropriation of $312.8 million. This amount is 3.2% above the $284.0 million included in the Administration's request, the same as the original House-passed bill, and 23.9% above the $238.0 million in the Senate-passed bill.

Minority Business Development Agency (MBDA)20

The 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. As part of its strategic plan, the MBDA seeks to develop an industry-focused, data-driven, technical assistance approach to give minority business owners the tools essential for becoming first- or second-tier suppliers to private corporations and the federal government in the new procurement environment. Progress is measured in increased gross receipts, number of employees, and size and scale of firms associated with minority business enterprise.

For FY2010, the President requested $31.0 million for the MBDA, an increase of 3.9% over the FY2009 appropriation of $29.8 million. Funding was to be available for Minority Business Enterprise Centers and for Native American Business Enterprise Centers to provide management and technical assistance, and Minority Business Opportunity Centers to provide contract opportunities and financial transactions for minority-owned businesses. The House-passed bill included $31.0 million for MBDA, the same as the Administration's request. The Senate recommended $31.2 million for MBDA, 4.6% more than what was appropriated for FY2009 and 0.6% more than both the President's request and the House-recommended amount.

The act provides $31.5 million in funding for MBDA, a 5.7% increase over the FY2009 appropriation of $29.8 million. This amount is 1.6% above the Administration's request, 1.6% above the House-passed bill, and 1.0% above the Senate-passed bill.

Economic and Statistics Administration (ESA)22

The ESA provides economic data, analysis, and forecasts to government agencies and, where appropriate, to the public. The ESA includes the Bureau of the Census (discussed separately), the Bureau of Economic Analysis (BEA), and STAT-USA. The ESA has three core missions: to compile a system of economic data, to interpret and communicate information about the forces at work in the economy, and to support the information and analytical needs of the executive branch.

The Administration recommended $105.0 million in budget authority for ESA for FY2010, an increase of 15.9% over the FY2009 figure of $90.6 million. Funding for ESA in FY2010 includes two primary accounts: ESA headquarters, and the BEA. The ESA headquarters staff provides economic research and policy analysis in support of the Secretary of Commerce and the Administration. The BEA account funds the National Income and Product Accounts (NIPAs), which include estimates of national Gross Domestic Product and related measures.

The House-passed bill included $97.3 million for ESA, a 7.3% increase over FY2009 funding, but 7.4% less than the Administration's request. The Senate-passed bill included $100.6 million for ESA, 11.0% more than the FY2009 appropriation and 3.4% more than the House-recommended amount, but 4.2% less than the Administration's request.

The act provides $97.3 million in funding for ESA, an increase of 7.3% increase over the FY2009 enacted amount. This figure is 7.3% above the Administration's request, 7.4% below the House-passed bill, and 3.3% below the Senate-passed bill.

Bureau of the Census24

The U.S. Constitution requires a population census every 10 years, to serve as the basis for reapportioning seats in the House of Representatives. Decennial census data also are used for within-state redistricting and in certain formulas that determine the annual distribution of more than $400 billion in federal and state funds. The Bureau of the Census, established as a permanent office on March 6, 1902, 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.

Major activities for the decennial census program in FY2010 include mailing out questionnaires by the official Census Day of April 1, receiving and processing the forms as they are mailed back, and conducting nonresponse follow-up with households that do not return their forms. In 2010, as in previous decades, the questionnaire that will collect data for reapportionment and redistricting is a "short form," intended to cover the entire population. Another part of the decennial program is the American Community Survey (ACS). It is replacing the census "long form," which collected socioeconomic and housing data from a sample of the U.S. population (about 17.0% in 2000). The ACS is an ongoing survey of about 250,000 households per month that, with few exceptions, gathers the same data as its predecessor. A key difference between the two surveys is that whereas the long form collected data once a decade, the ACS is continuous and provides more timely, annual information.

To fund the Census Bureau in FY2010, the Administration requested $7.375 billion, 134.9% more than the FY2009-enacted amount of almost $3.140 billion. The FY2010 request included $259.0 million for salaries and expenses (10.9% over the $233.6 million FY2009 amount) and $7.116 billion for periodic programs (144.9% more than the $2.906 billion for FY2009). Under the ARRA, the Bureau received a $1.0 billion FY2009 supplemental appropriation to address problems resulting from a flawed 2010 decennial census information technology initiative. The Administration estimated that $898.0 million of the $1.0 billion would be carried forward as an unobligated balance at the beginning of FY2010, for total new obligations of $8.014 billion in periodic programs, if Congress had approved the full request. Of the $8.014 billion, $7.799 billion (97.3%) would have been available for the 2010 census. The House-passed version of H.R. 2847 included $7.375 billion for the Bureau, as requested. The Senate-passed bill recommended $7.325 billion, $50.0 million below the request. Although the Senate approved the $259.0 million request for salaries and expenses, it recommended $7.066 billion instead of $7.116 billion for periodic programs. The act provides $7.325 billion for the Bureau, equal to the Senate-passed amount, $50.0 million (0.7%) less than the House-approved amount and the Administration's request, and $4.185 billion (133.3%) more than for FY2009. Of the $7.325 billion, $259.0 million is for salaries and expenses; $7.066 billion is for periodic censuses and programs, with the proviso that $100.0 million of this amount is to come from unobligated balances of previously appropriated funds that will remain available until September 30, 2011.

National Telecommunications and Information Administration (NTIA)30

NTIA is the executive branch's principal advisory office on domestic and international telecommunications and information technology policies. Its mandate is to provide greater access for all Americans to telecommunications services, support U.S. attempts to open foreign markets, advise on international telecommunications negotiations, fund research grants for new technologies and their applications, and assist nonprofit organizations converting to digital transmission in the 21 st century. NTIA manages the distribution of funds for several key grant programs. 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 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.

There are two major components to the NTIA annually appropriated budget. The Administration requested $20.0 million for FY2010 for the Salaries and Expenses category, a 4.1% increase over the $19.2 million appropriated for FY2009. The House-passed and Senate-passed bills included $20.0 million for NTIA's salaries and expenses account, the same as the Administration's FY2010 request. In addition, the NTIA receives appropriated funds for Public Telecommunications and Facilities Planning and Construction (PTFPC); the Administration did not request any funding for PTFPC for FY2010. The House-passed and Senate-passed bills include $20.0 million for PTFPC, the same as what was appropriated for FY2009, bringing the total appropriation to $40.0 million.. The act provides $40.0 million to the NTIA, as approved by both the House and Senate. The NTIA also collects management fees from federal agencies, based on each agencies' spectrum holdings, to defray the cost of its activities on their behalf. These collected funds may also be used for telecommunications, research, and related activities of the NTIA's Institute for Telecommunications Sciences.

The ARRA provided an additional $4.7 billion to the NTIA for its existing Broadband Technology Opportunities Program for a "national broadband service development and expansion program." The NTIA also administers the Digital Television Transition and Public Safety Fund, created by the Deficit Reduction Act of 2005 ( P.L. 109-171 , Title III). The fund received the receipts of the 2008 auction of spectrum licenses created by the transition from analog to digital television broadcasting. Of the auction proceeds, $2.7 billion was made available for grant programs. The digital-analog converter box coupon program received $1.5 billion from the fund to assist consumers in meeting the 2009 deadline for receiving television broadcasts in digital. The ARRA provided up to $650.0 million in additional funding for this program. Unspent funds from this appropriation were returned to the Treasury. The fund also provided $1.0 billion for public safety interoperable communications (PSIC) grants. The PSIC grant program was contracted to the Department of Homeland Security for implementation.

U.S. Patent and Trademark Office (USPTO)31

The USPTO examines and approves applications for patents on claimed inventions and administers the registration of trademarks. It also assists other federal departments and agencies to protect American intellectual property in the international marketplace. The USPTO is funded by user fees paid by customers that are designated as "offsetting collections" and subject to spending limits established by Congress.

The act provides the U.S. Patent and Trademark Office with $1.887 billion in budget authority, a 9.6% decrease from the FY2009 figure of $2.010 billion and 2.2% below the $1.930 billion in budget authority in the Administration's budget and the original appropriations bills passed by the House and Senate ( H.R. 2847 ). H.R. 3288 also mandates that past fee increases remain in effect.

Until recently, appropriation measures limited USPTO use of all fees accumulated within a fiscal year. Critics of this approach argued that because agency operations are supported by payments for services, all fees were necessary to fund these services in the year they were provided. Some experts claimed that a portion of the patent and trademark collections were being used to offset the cost of other, non-related programs. Proponents of limiting use of funds collected maintained that the fees appropriated back to the USPTO were sufficient to cover the agency's operating budget.

National Institute of Standards and Technology (NIST)32

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 precompetitive, generic technologies and the diffusion of government-developed technological advances to users in all segments of the American economy. NIST research also provides the measurement, calibration, and quality assurance techniques that underpin U.S. commerce, technological progress, improved product reliability, manufacturing processes, and public safety.

The act provides $856.6 million in funding for NIST, an increase of 4.6% over the FY2009 appropriation of $819.0 million. This amount is 1.2% below the $846.1 million included in the Administration's request, 9.7% above the $781.1 million in the original House-passed bill ( H.R. 2847 ), and 2.5% below the $878.8 million in the version of H.R. 2847 passed by the Senate.

Support for in-house research and development under the Scientific and Technical Research and Services (STRS) account (including the Baldrige National Quality Program) increases 9.1% to $515.0 million from the $472.0 million provided in FY2009. This figure represents a decrease of 3.7% from the $534.6 million in the President's budget proposal, an increase of 1.0% from the $510.0 million in the initial House-passed bill and 1.0% less than the $520.3 million in the bill originally passed by the Senate.

The Manufacturing Extension Program (MEP) will receive $124.7 million, 13.4% more than FY2009 ($110.0 million), and the same amount included in the Administration's budget and both House and Senate bills. Financing for the Technology Innovation Program (TIP) is budgeted at $69.9 million, an increase of 7.5% over the $65.0 million appropriated in FY2009 and identical to the funding appropriated in the budget proposal and the initial House and Senate appropriations legislation.

The act provides $147.0 million in construction support. This figure is 14.5% below the FY2009 appropriation of $172.0 million, 25.7% above the President's request of $116.9 million, almost twice that included in the original House-passed bill ($76.5 million), and 10.3% less than the $163.9 million in the earlier Senate-passed legislation.

Continued funding for NIST extramural programs directed toward increased private sector commercialization has been a major issue. Some Members of Congress have expressed skepticism over a "technology policy" based on providing federal funds to industry for development of pre-competitive generic technologies. This approach, coupled with pressures to balance the federal budget, led to significant reductions in funding for NIST. The Advanced Technology Program (ATP) and the Manufacturing Extension Partnership, which accounted for more than 50% of the FY1995 NIST budget, were proposed for elimination. In 2007, ATP was terminated and replaced by the Technology Innovation Program.

While much of the legislative debate has focused on ATP and MEP, increases in spending for the NIST laboratories that perform the research essential to the mission responsibilities of the agency have tended to remain small. As part of the American Competitiveness Initiative, announced by former President Bush in the 2006 State of the Union address, the Administration stated its intention to double funding over 10 years for "innovation-enabling research" done at NIST through its "core" programs (defined as internal research in the STRS account and the construction budget). While additional funding has been forthcoming, it remains to be seen how support for internal R&D at NIST will evolve and how this might affect financing of extramural efforts such as TIP and MEP.

National Oceanic and Atmospheric Administration (NOAA)34

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 conserves coastal and marine resources. NOAA was created in 1970 by Reorganization Plan No. 4. The reorganization plan was designed to unify the nation's environmental activities and to provide a systematic approach for monitoring, analyzing, and protecting the environment. NOAA's administrative structure has evolved into five line offices that 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 Services (OMAO).

The Obama Administration requested $4.474 billion for NOAA's 2010 budget. The request was 2.5% or $108.6 million more than the FY2009-enacted amount of $4.365 billion. NOAA's budget is divided into three general accounts including Operations Research and Facilities (ORF), Procurement, Acquisition, and Construction (PAC), and Other Accounts. Of the $4.474 billion requested for FY2010, ORF would have been funded at $3.091 billion; PAC would have been funded at $1.391 billion; and NOAA's Other Accounts would have been funded at a net total of -$8.0 million. NOAA emphasized programs related to climate research, endangered species recovery, and fisheries management.

The House-passed bill ( H.R. 2847 ) recommended funding of $4.603 billion for NOAA. This would have provided an increase of 5.5% compared with the FY2009-enacted funding level and a 2.9% increase over the Administration's request. Of the $4.603 billion recommended by the House, ORF would have been funded at $3.202 billion; PAC would have been funded at $1.409 billion; and NOAA's Other Accounts would have been funded at a net total of -$8.0 million. The House passed one amendment to the Appropriations Committee's recommendation to provide $500,000 to support special fishery demonstration projects in the Western Pacific.

The Senate-passed version of H.R. 2847 recommended funding of $4.773 billion for NOAA. This represented an increase of 9.3% compared with the FY2009-enacted level and an increase of 6.7% over the Administration's request. Of the $4.773 billion recommended by the Senate, ORF would have been funded at $3.304 billion; PAC would have been funded at $1.398 billion; and NOAA's Other Accounts would have been funded at a net total of $71.0 million.

The act provides NOAA with $4.737 billion for FY2010. This represents an increase of 8.5% compared to the FY2009 enacted level and an increase of 5.9% over the Administration's request. Of the $4.737 billion in the act, $3.308 billion funds ORF; $1.358 billion funds PAC; and a net total of $71.0 million funds NOAA's Other Accounts.

One of NOAA's priorities is to support NESDIS satellite programs to maintain and enhance environmental data collection. The Administration requested $1.429 billion for NESDIS, a 21.3% increase over the FY2009 appropriation of $1.178 billion. The House recommended $1.468 billion, while the Senate-passed bill would have provided $1.408 billion for NESDIS. The act provides NESDIS with $1.399 billion. Most of the increase supports satellite engineering development and production activities for the next generation geostationary satellite (GOES-R), and contributes to development of sensors and spacecraft for the tri-agency polar-orbiting satellite system (NPOESS). However, both Senate and House Appropriations Committees expressed concerns with NPOESS management structure, projected cost growth, and schedule slippage.

The Pacific Coastal Salmon Recovery Fund (PCSRF), one of several funds in NOAA's Other Accounts category, was not funded in the President's budget. On May 21, 2009, the Obama Administration sent a budget amendment to Congress to clarify that Pacific salmon recovery is funded at $50.0 million under the new Species Recovery Grant Program in ORF. The Senate recommended restoring funding for the PCSRF under Other Accounts at the FY2009 funding level of $80.0 million and the conference agreement includes $80.0 million in the act.

The ARRA provided additional funding of $830.0 million for NOAA's ORF and PAC accounts. The ORF account was funded at $230.0 million. Proposed ORF activities include $40.0 million to reduce the hydrographic survey backlog, $167.0 million to restore marine and coastal habitat, $3.0 million to conduct ESA section 7 consultations, and $20.0 million to repair and maintain NOAA research vessels. The Procurement, Acquisitions, and Construction account was funded at $600.0 million. Proposed PAC activities include $170.0 million to enhance NOAA's computing capabilities, $7.4 million to enhance NOAA's weather radar system, $9.0 million to upgrade weather forecast offices, $74.0 million to develop the National Polar-orbiting Operational Environmental Satellite System, $261.6 million for construction and maintenance of facilities, and $78.0 million to complete construction of a fishery survey vessel.

Department of Justice41

Established by an act of 1870 with the Attorney General at its head, DOJ provides counsel for citizens in federal cases and protects them through law enforcement. It represents the federal government in all proceedings, civil and criminal, before the Supreme Court. In legal matters, generally, the department provides legal advice and opinions, upon request, to the President and executive branch department heads. The major functions of DOJ agencies and offices are described below.

United States Attorneys prosecute criminal offenses against the United States, represent the federal government in civil actions, and initiate proceedings for the collection of fines, penalties, and forfeitures owed to the United States. United States Marshals Service provides security for the federal judiciary, protects witnesses, executes warrants and court orders, manages seized assets, detains and transports unsentenced prisoners, and apprehends fugitives. Federal Bureau of Investigation (FBI) investigates violations of federal criminal law; helps protect the United States against terrorism and hostile intelligence efforts; provides assistance to other federal, state, and local law enforcement agencies; and shares jurisdiction with Drug Enforcement Administration over federal drug violations. Drug Enforcement Administration (DEA) investigates federal drug law violations; coordinates its efforts with state, local, and other federal law enforcement agencies; develops and maintains drug intelligence systems; regulates legitimate controlled substances activities; and conducts joint intelligence-gathering activities with foreign governments. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces federal law related to the manufacture, importation, and distribution of alcohol, tobacco, firearms, and explosives. It was transferred from the Department of the Treasury to the DOJ by the Homeland Security Act of 2002 ( P.L. 107-296 ). Federal Prison System (Bureau of Prisons) provides for the custody and care of the federal prison population, the maintenance of prison-related facilities, and the boarding of sentenced federal prisoners incarcerated in state and local institutions. Office on Violence Against Women coordinates legislative and other initiatives relating to violence against women and administers grant programs to help prevent, detect, and stop violence against women, including domestic violence, sexual assault, and stalking. 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.

FY2010 Budget Request

For FY2010, the Administration requested almost $27.074 billion for DOJ (as shown in Table 3 ), or a $741.6 million increase compared with the FY2009-enacted appropriation of $26.332 billion. This 2.8% proposed increase in funding was largely the result of proposed increases for the FBI, DEA, ATF, the U.S. Marshals, and the U.S. Attorneys. In addition to the FY2009-enacted appropriation for DOJ, the ARRA included $4.002 billion for DOJ accounts. Funding in ARRA for DOJ was almost exclusively for DOJ-administered grant programs. For FY2010, the House-passed bill would have provided a total of $27.751 billion for DOJ, 5.4% more than what was appropriated for FY2009 and 2.5% more than the Administration's request. The Senate-passed bill would have provided a total of $27.385 billion for DOJ. The Senate-passed bill would have provided $1.053 billion, or 4.0%, more than the FY2009-enacted level, 1.2% more than the Administration's request, but would have represented a 1.3% decrease when compared with the FY2010 amount recommended by the House.

For FY2010, the act provides $28.078 billion for DOJ appropriations. This amount is $1.745 billion more than the FY2009 enacted appropriation, representing an increase of 6.6%, and is almost $1.004 billion (3.7%) more than the Administration's FY2010 request. Compared to the House-passed bill, the act provides additional FY2010 funding of $326.9 million (1.2%), and $692.4 million (2.5%) more than the amount recommended under the Senate-passed bill.

One issue facing Congress as it considered DOJ's FY2010 funding level was whether to increase support for DOJ's role in strengthening immigration enforcement and increasing border security. Escalating drug-related violence in Mexico related to the Mexican government's three-year battle with drug cartels has resulted in thousands of fatalities and has raised concern about the possibility that the violence could spread into the United States. The federal government's response has included initiatives across a range of federal agencies—including DOJ—to combat violence, fight drug trafficking, stop firearms trafficking, and strengthen immigration enforcement. For FY2010, the Administration's budget request included funding for additional agents, attorneys, and other staff to strengthen immigration enforcement and border security along the Southwest border. The Administration requested funding for the Southwest Border Initiative under several different DOJ accounts, including the Office of the Federal Detention Trustee, the United States Attorneys, the United States Marshals Service, and the Drug Enforcement Administration. The House and Senate-passed bills also included increased FY2010 appropriations levels for a DOJ-wide Southwest Border Initiative. The act similarly provides additional FY2010 appropriations to support DOJ's role in the Initiative, including $8.1 million to fund additional positions to strengthen prosecutions of criminal enterprises (human, drug, and weapon smuggling) along the southwest border by the U.S. Attorneys, and almost $18 million for the Bureau of Alcohol, Tobacco, Firearms and Explosives' anti-gun trafficking initiative, Project Gunrunner.

General Administration

The General Administration account provides funds for salaries and expenses for the Attorney General's office, the Inspector General's office, as well as other programs designed to ensure that the collaborative efforts of DOJ agencies are coordinated to help fight crime as efficiently as possible. The Administration requested almost $2.371 billion for FY2010. This amount was nearly $303.1 million more than the enacted FY2009 appropriation of almost $2.068 billion, an increase of 14.7%. The House-passed bill would have provided a total of $2.273 billion for General Administration, which would have been 9.9% more than the FY2009-enacted amount, but 4.1% less than the Administration's request. The Senate-passed version of H.R. 2847 would have provided a total of $2.239 billion for General Administration, which would have represented an increase of 8.3% over the FY2009-enacted amount. However, the Senate-passed amount would have been 5.6% less than the Administration's request and 1.5% less than the House-passed amount.

The act includes $2.277 billion for the General Administration account, 0.2% more than what was recommended in the House-passed bill and 1.7% more than what was recommended in the Senate-passed bill. The enacted amount for the General Administration account included in the act represents a 10.1% increase over what was appropriated for FY2009, although 4.0% less than was requested for FY2010. Described below are several General Administration subaccounts, such as the Office of the Inspector General.

General Administration

The General Administration account includes funding for Salaries and Expenses for DOJ administration, as well as for the National Drug Intelligence Center, Justice Information Sharing Technology, and Tactical Law Enforcement Wireless Communications. For DOJ's General Administration, the FY2010 budget request included almost $551.3 million, an increase of almost $180.5 million (or 48.7%) over the FY2009 appropriation of $370.8 million. As part of the FY2010 request, the Administration proposed an additional $60.0 million to fund DOJ activities related to closing Guantánamo Bay detention facility and determining the disposition of detainees currently housed in the facility. According to the Administration, these resources may be needed for the prosecution activities of the U.S. Attorneys and the National Security Division; the U.S. Marshals Service and the Office of the Federal Detention Trustee for safely housing and transporting the detainees, as well as for courthouse safety; and for the Bureau of Prisons (BOP) in the event that detainees that are currently held are convicted and incarcerated in the BOP facilities.

The House-passed bill included $453.4 million for General Administration, a 22.3% increase over FY2009 funding but 17.7% less than the Administration's request. The House-passed bill did not include the Administration's request for $60.0 million in additional funding for anticipated DOJ administrative costs related to closing the Guantánamo Bay detention facility. Section 523 of the House-passed bill further prohibited the use of any funds made available under this or any prior appropriations act to be used to release any individual into the United States or the District of Columbia who was detained, as of April 30, 2009, at the Guantánamo Bay detention facility.

The Senate-passed bill would have provided a total of $419.6 million for General Administration. The Senate-passed amount would have been 7.5% less than the amount recommended by the House; however, it is important to note that the Senate-passed amount did not include any funding for the National Drug Intelligence Center whereas the House-passed bill included $44.0 million for the National Drug Intelligence Center, the same as the Administration's request. The amount provided for General Administration in the Senate-passed bill would have been 23.9% less than the Administration's request, although 13.2% more than the FY2009 enacted amount of $370.8 million. Like the House, the Senate-passed bill did not include the Administration's request for $60.0 million in additional funding for costs associated with closing the Guantánamo Bay detention facility. However, the Senate-passed bill report differed from the House-passed report in that it was silent with respect to language prohibiting the use of any appropriations for activities related to the closing of the Guantánamo Bay detention facility.

The act includes $456.9 million for General Administration, almost 0.8% more than the amount recommended in the House-passed bill and almost 8.9% more than what was recommended in the Senate-passed bill. The amount included in the act represents a 23.2% increase over what was appropriated for General Administration for FY2009 and 17.1% less than the FY2010 requested amount. Similar to the House and Senate-passed bills, the act does not include the Administration's request for additional funding for costs related to closing the detention facility at Guantánamo Bay. Further, Section 532 of the act places restrictions on the use of funds for releasing into the United States, the District of Columbia, or U.S. territories, any individual who was detained, as of June 24, 2009, at the Guantánamo Bay detention facility.

Administrative Review and Appeals (ARA)

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) efforts to secure the nation's borders. The EOIR handles these matters, and the OPA receives and reviews petitions for executive clemency. For FY2009, Congress appropriated $266.0 million for ARA. The Administration requested $296.7 million for ARA funding for FY2010. The requested amount exceeded the FY2009 funding level by nearly $30.7 million, representing an increase of 11.5%. The House and Senate both recommended $296.7 million for ARA, the same amount requested by the Administration. The act provides this requested (and House- and Senate-recommended) $296.7 million for ARA.

As discussed above, in response to escalating drug-related violence in Mexico and concerns about the possibility that the violence could spread into the United States, the Administration had requested as a part of the Southwest Border Initiative an increase of $26.3 million for additional immigration enforcement. The funding increase would have (1) provided additional staff to respond to the new DHS Secure Communities initiative, which represents a comprehensive plan to identify and remove criminal aliens; (2) created a single system to store, distribute, and archive all documents filed or created by EOIR, which will enhance EOIR's capacity to maximize the efficiency of case processing in support of priority enforcement and adjudication initiatives; and (3) provided custodians of unaccompanied alien children with legal orientation programs to address the custodian's responsibility for the child's appearance at all immigration proceedings, and to protect the child from mistreatment, exploitation, and trafficking. As part of the Southwest Border Initiative, both the House and Senate-passed bills included $26.3 million for EOIR's increased immigration caseload resulting from border enforcement activities. Similarly, the act fulfills the Administration's request and provides the additional $26.3 million.

Office of the Federal Detention Trustee (OFDT)

The OFDT provides overall management and oversight for federal detention services relating to federal prisoners in non-federal institutions or otherwise in the custody of the U.S. Marshals Service. The FY2010 budget request included almost $1.439 billion for OFDT. This amount was 6.1% more than the FY2009 appropriation of $1.355 billion. The House and Senate-passed bills both provided $1.439 billion for OFDT, the same as the Administration's request. The act provides the requested (and House- and Senate-recommended) $1.439 billion for OFDT.

As discussed above, in response to escalating drug-related violence in Mexico and concerns about the possibility that the violence could spread into the United States, the Administration requested as a part of the Southwest Border Initiative an increase of $44.6 million for OFDT for costs associated with increased housing requirements for criminal aliens apprehended along the Southwest border and prosecuted in U.S. District courts. The Administration also requested an additional $95.8 million for OFDT to cover additional operating costs associated with increased immigration enforcement activity by DHS at the Southwest border and an additional $2.8 million for air transportation increases along the Southwest border. The House and Senate-passed measures, as well as the act, fulfill the Administration's request for OFDT funding, though the reports are silent on the use of funds as part of the Southwest Border Initiative.

Office of the Inspector General (OIG)

The OIG is responsible for detecting and deterring waste, fraud, and abuse involving DOJ programs and personnel; promoting economy and efficiency in DOJ operations; and investigating allegations of departmental misconduct. The Administration requested nearly $84.4 million for the OIG in its FY2010 budget. This amount is almost $8.7 million greater than the $75.7 million appropriated by Congress for FY2009 and represents an 11.5% increase in funding for FY2010. The House and Senate-passed bills both included $84.4 million for the OIG, the same as the Administration's request. The FY2010 enacted appropriation, like the House and Senate-approved bills, fulfills the Administration's request for $84.4 million for the OIG.

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. For FY2010, the President's budget request included $12.9 million for the Parole Commission, an increase of nearly $0.3 million (or 2.3%) compared to the FY2009 appropriation of almost $12.6 million. The House and Senate-passed bills recommended $12.9 million for the U.S. Parole Commission, the same amount as what the President requested. The Senate also recommended $12.9 million for the U.S. Parole Commission. The act provides the requested (and House- and Senate-recommended) $12.9 million for the U.S. Parole Commission.

Legal Activities

The Legal Activities account includes several subaccounts: general legal activities, U.S. Attorneys, and other legal activities. For FY2010, the Administration requested approximately $3.082 billion for Legal Activities, what would have been an increase of 5.6% and nearly $164.3 million more than the FY2009-enacted funding level of $2.918 billion for these activities. The House-passed bill included nearly $3.09 billion for Legal Activities, 5.9% more that FY2009 funding and 0.3% more than the Administration's request. The Senate-passed bill would have provided $3.082 billion for Legal Activities. The amount recommended by the Senate was the same as the Administration's request and 0.3% less than what was recommended by the House. The FY2010 enacted appropriation includes $3.085 billion for Legal Activities. This enacted amount is 0.2% less than the amount recommended in the House-passed bill and 0.1% more than what was recommended in the Senate-passed bill. The amount enacted in the act represents a 5.7% increase over what was appropriated for Legal Activities for FY2009 and 0.1% more than the FY2010 requested amount.

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 FY2010, the President requested $875.1 million for General Legal Activities, $69.4 million more than the FY2009-enacted appropriation of $805.7 million, or a proposed 8.6% increase in funding. The House and Senate-passed bills would have provided $875.1 million for General Legal Activities. The FY2010 enacted appropriation includes $875.1 million for General Legal Activities, equal to the amount recommended in both the House and Senate-passed bills and requested by the Administration.

As discussed above, the Administration requested as a part of the Southwest Border Initiative an increase of $1.8 million for DOJ's Civil Division to hire additional attorneys to handle the expected increase in immigration-related cases resulting from increased enforcement along the Southwest border. For FY2010, both the House-passed measure and the Senate-passed bill as well as the FY2010 enacted appropriation include the additional funding requested.

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 FY2010, the Administration requested $1.926 billion for the U.S. Attorneys Office, an almost $74.7 million or 4.0% increase over the FY2009-enacted appropriation of $1.851 billion. The House-passed bill included $1.934 billion for the U.S. Attorneys, representing what would have been an increase of 4.5% over FY2009 funding and 0.4% more than the Administration's request. The Senate-passed bill would have provided $1.926 billion for the U.S. Attorneys, the same as the Administration's request and 0.4% less than the House-approved amount. The FY2010 enacted appropriation includes $1.934 billion for the U.S. Attorneys, equal to the amount recommended in the House-passed bill and 0.4% more than what was recommended in the Senate-passed bill. This amount enacted represents a 4.5% increase over what was appropriated for the U.S. Attorneys for FY2009 and 0.4% more than the FY2010 requested amount.

As discussed above, in response to escalating drug-related violence in Mexico, the Administration requested additional funding under several DOJ accounts to fund additional agents, attorneys, and other staff to strengthen immigration enforcement and border security along the Southwest border. As part of the FY2010 request, the Administration included an increase of $8.1 million for the U.S. Attorneys to hire additional attorneys to provide additional prosecution resources to address illegal immigration along the country's borders. Under the House and Senate-passed bills, $8.1 million would have been provided for U.S. Attorneys salaries and expenses as part of the Southwest Border Initiative. The FY2010 enacted appropriation also includes an additional $8.1 million for the U.S. Attorneys as a part of the Southwest Border Initiative.

Both the Administration and Congress have expressed concern over the adequacy of resources available to combat various forms of financial fraud, including mortgage and corporate fraud. Specifically, the Administration requested $7.5 million in FY2010 funding for the U.S. Attorneys to combat financial fraud, and the House and Senate both recommended this request be fulfilled. The FY2010 enacted appropriation includes this funding.

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 these other legal activities, the Administration requested $281.4 million. This amount reflected an increase in funding of $20.2 million, or a 7.7% increase over the FY2009-enacted level of $261.2 million. The House and Senate-passed bills both included the same amount for other legal activities as the Administration's request ($281.4 million). The act includes $276.1 million for other legal activities, almost 1.9% less than what was recommended in the House and Senate-passed bills as well as what the Administration requested for FY2010. This amount represents a 5.7% increase over what was appropriated for FY2009.

U.S. Marshals Service (USMS)

The USMS is responsible for the protection of the federal judicial process, including protecting judges, attorneys, witnesses, and jurors. In addition, USMS provides physical security in courthouses, safeguards witnesses, transports prisoners from court proceedings, apprehends fugitives, executes warrants and court orders, and seizes forfeited property. For FY2009, the appropriation for the USMS was $964.0 million. For FY2010, the Administration proposed USMS funding of $1.152 billion, an increase of almost $188.4 million, or 19.5% over the FY2009-enacted level. The House and Senate-passed bills provided $1.152 billion for the USMS, the same as the Administration's request. The act provides the requested (and House- and Senate-approved) $1.152 billion for the USMS.

As discussed, as part of the Southwest Border Initiative, the Administration requested an increase of $144.3 million to hire an additional 700 USMS positions to address immigration enforcement both at the Southwest Border and within the country. Under the Southwest Border Initiative, the House-passed measure included $114.3 million for USMS expenses related border security activities. The Senate report accompanying the Senate-passed bill ( S.Rept. 111-34 ) recommended additional funding for the USMS for immigration enforcement, was silent on an amount for immigration enforcement. Similarly, the conference report on the act ( H.Rept. 111-366 ) is silent on the amount for immigration enforcement.

National Security Division (NSD)

The NSD coordinates DOJ's national security and terrorism missions through law enforcement investigations and prosecutions. The NSD was established in DOJ in response to the recommendations of the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction (WMD Commission), and authorized by Congress on March 9, 2006, in the USA PATRIOT Improvement and Reauthorization Act of 2005. Under the NSD, the DOJ resources of the Office of Intelligence Policy and Review and the Criminal Division's Counterterrorism and Counterespionage Sections were consolidated to coordinate all intelligence-related resources and ensure that criminal intelligence information is shared, as appropriate.

For FY2010, the President requested $87.9 million for the NSD, a proposed increase of nearly 3.2% compared to FY2009 funding ($85.2 million). The House-passed and Senate-passed bills would have funded the NSD at the level requested by the Administration. The act includes $87.9 million for the NSD, an amount equal to the House- and Senate-recommended levels, and to the FY2010 request.

Interagency Law Enforcement

The Interagency Law Enforcement account reimburses departmental agencies for their participation in the Organized Crime Drug Enforcement Task Force (OCDETF) program. Organized into nine regional task forces, this program combines the expertise of federal agencies with the efforts of state and local law enforcement to disrupt and dismantle major narcotics-trafficking and money-laundering organizations. From DOJ, the federal agencies that participate in OCDETF are the DEA; the FBI; the ATF; the U.S. Marshals Service; the Tax and Criminal Divisions of DOJ; and the U.S. Attorneys. From DHS, 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 FY2010, the Administration proposed $537.5 million for OCDETF. The proposed FY2010 funding level would have exceeded the FY2009 OCDETF enacted funding level of $515.0 million by $22.5 million or 4.4%. The House-passed bill included $528.6 million for OCDETF, what would have been a 2.6% increase over FY2009 funding, but 1.7% less than what the Administration requested for this account. The Senate recommended a total of $515.0 million in funding for OCDETF. The amount recommended by the Senate would have been the same as the FY2009 appropriation ($515.0 million), which would have been 4.2% less than the Administration's request and 2.6% less than the House-recommended amount. The act includes $528.6 million for OCDETF, a funding level equal to the amount recommended in the House-passed bill. This enacted amount is 2.6% greater than the amount recommended in the Senate-passed bill as well as the amount enacted in the FY2009 appropriation. The $528.6 million enacted in the FY2010 appropriation is 1.7% less than the amount requested by the Administration.

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 terrorist attacks, the FBI has reorganized and reprioritized to focus on preventing terrorism and related criminal activities. From FY2000 through FY2009, Congress has more than doubled the direct appropriation for the FBI, from $3.091 billion to $7.336 billion, or a 137.3% increase. The FY2009-enacted amount included $7.065 billion for salaries and expenses, $153 million for construction, and $117.6 million in emergency spending.

As Table 4 shows, from FY2003 to FY2009, the lion's share of new resources provided to the FBI have been allocated to national security, including the intelligence and counterterrorism/counterintelligence budget decision units. For those years, the allocations for national security from the salaries and expenses account increased from $2.107 billion (46.0%) to $4.371 billion (61.1%). The FY2010 request included a proposed allocation of $4.783 billion (62.0%) for FY2010 for national security activities.

At the same time, the allocations for criminal enterprises and federal crimes (traditional crime) decreased from $2.199 billion (48.0%) to $2.276 billion (31.8%). Some Members of Congress have expressed concern about the diminishing percentage of funding allocated for traditional crime (including drug enforcement, violent crime, and white collar crime investigations). The FY2010 request included a proposed allocation of $2.409 billion (31.2%) for traditional crime.

Meanwhile, the allocations for criminal justice services have increased from $275 million (6%) for FY2003 to $418 million (5.8%) for FY2009. The FY2010 request included a proposed allocation of $416.5 million (31.2%) for criminal justice services.

It is also notable that the FBI controlled $1.263 billion in FY2009 fee receipts and other reimbursable resources and anticipates receiving similar resources in the amounts of $1.867 billion for FY2009 and $1.903 billion for FY2010. The fingerprint identification user fee is projected to generate $532.4 million in receipts for FY2010 (28% of total fee receipts and reimbursable resources).

The President's FY2010 budget request for the FBI included $7.862 billion, or a proposed 7.2% increase over the FY2009 (including emergency funding). The FY2010 request included $7.719 billion for salaries and expenses and $142.8 million for construction. The FY2010 request includes the following budget increases:

$61.2 million for a comprehensive national cybersecurity initiative (77.4% over FY2009); $70 million to increase FBI-wide intelligence capabilities (25.4% over FY2009); $48 million to augment national security investigations (9.8% over FY2009); $25.5 million to investigate additional mortgage fraud cases (51.3% over FY2009); $80.6 million to improve weapons of mass destruction (WMD) response capabilities (a 29.8% over FY2009); $9 million to inventory and consolidate files at the Central Records Complex (112.5% over FY2009); $53 million to improve wireless communications tracking and intercept capabilities, as well as other electronic and aerial surveillance programs (13.3% over FY2009); $25.1 million to support the national security training and career path (a 14.1% over FY2009); $101.1 million to support overseas contingency operations; $10 million for a preliminary architecture and engineering study in anticipation of expanding the FBI Academy and training facilities, and; $97.6 million to develop a joint Biometric Technology Center with the Department of Defense (DOD).

These amounts total to $581.1 million in requested FY2010 budget enhancements.

The House-passed bill would have provided $7.852 billion for the FBI, representing an 7.0% increase over FY2009 funding, but a 0.1% decrease under the Administration's request. The Senate-passed bill would have provided $7.914 billion for the FBI, a 7.9% increase over the FY2009 appropriation, a 0.7% increase over the Administration's request, and an 0.8% increase over the House-passed amount. The act provides $7.899 billion for the FBI, a 7.7% increase over the FY2009 appropriation. This amount includes $7.659 billion for salaries and expenses and $239.9 million for construction. The FY2010 FBI appropriation is a 0.5% increase over the FY2010 request, a 0.6% increase over the House-passed amount, and a 0.2% decrease under the Senate-passed amount.

Both Congress and the Administration have been concerned with providing sufficient resources to combat financial crime such as mortgage fraud. As requested by the Administration, both the House and Senate bills included an increase of $25.5 million to investigate mortgage fraud. House report language, however, underscored that the FY2010 request would have placed too great an emphasis on mortgage fraud, and directed the FBI to use this funding increase for other high-priority financial fraud cases (such as fraud related to the Troubled Asset Relief Program). As indicated in conference report language, the act includes $75.2 million for white collar crime, including $25.5 million to fund 50 new agent positions for mortgage fraud and other economic recovery investigations.

House report language directed the FBI to dedicate $8 million for intellectual property crime, $25 million to confront gangs and violent crime, and indicated that the bill included an $8 million increase for civil rights enforcement. Conference report language includes the House directives, and notes that the act provides a total of $54.3 million for civil rights enforcement, an amount that includes the $8 million increase included in the House bill. As requested by the Administration, the House bill included $9 million for the Central Records Complex and $100.1 million for overseas contingency operations, as did the Senate-passed bill (described below). Conference report language indicates that the act provides for these amounts.

Senate report language indicated that the Senate bill included requested increases for enhanced surveillance, cybersecurity, overseas contingency operations, records management, national security investigations, mortgage fraud, FBI academy expansion, and a biometrics technology center. With regard to surveillance, conference report language notes that the act provides $22 million in addition to the amount requested ($53 million) for such purposes. Conference report language also notes that the act includes $140.3 million for a comprehensive national cybersecurity initiative, including $61.2 million and 260 positions. As described above, the act also includes the requested $25.5 million increase for mortgage fraud. For the FBI academy, the act includes $5 million, instead of the requested $10 million. In addition, it includes the requested $97.6 million to develop a joint Biometric Technology Center with DOD.

In addition, Senate report language directed the FBI to dedicate $1.5 million to establish a human rights violations unit (10 agents), $46.3 million for civil rights enforcement, $52.7 million for the Innocent Images National Initiative, and $30 million for the continued construction of a Terrorist Explosive Devices Capabilities Center (TEDAC). Conference report language includes these directives and amounts, except as described above the act provides $54.3 million for civil rights enforcement. Conference report language also indicates that the act provides $5 million for the Innocence Lost Initiative to address child prostitution and sex trafficking in the United States. In addition, conference report language indicates that the act provides funding to augment national security investigations, but is silent about amounts requested to increase FBI-wide intelligence capabilities, improve WMD response capabilities, and support for the national security training and career path.

For criminal justice services, the Senate bill included only $285 million for these purposes, rather than the $426.5 million requested by the Administration. To provide for the difference, Senate report language directed the FBI to use $366 million in excess user fees. For the Biometrics Technology Center (BTC), Senate report language also directed the FBI to transfer up to $30 million for salaries and expenses to the construction account for the BTC and to use $23 million in excess user fees to fund technology upgrades. Conference report language includes similar directives. Also related to biometrics, conference report language underscores that the FBI had not finalized program requirements for Next Generation Identification (NGI) and directs the Bureau to report to the House and Senate Appropriations Committees within 120 days of enactment with respect to scope and the maturity of any biometric indicator being considered for inclusion in NGI.

Finally, conference report language directs the FBI to improve its efforts to hire additional staff, and includes a requirement that the FBI report immediately, and thenceforth quarterly, to the House and Senate Appropriations Committees on its FY2010 hiring plan, including on-board start of year staffing, anticipated attrition, planned enhancement hiring, planned vacancy hiring, and expected end of year vacancies. Conference report language also directs the FBI to prioritize the filling of 450 existing "hollow" positions prior to seeking additional positions in any future budget requests. Conference report language, furthermore, directs the FBI to notify the Committees prior to taking action that would divert appropriated funding away from the positions for which that funding was provided by Congress.

Drug Enforcement Administration (DEA)

The DEA is the lead federal agency tasked with reducing the illicit supply and abuse of dangerous narcotics and drugs through drug interdiction and seizures of illicit revenues and assets from drug trafficking organizations. According to DEA, the agency's efforts have contributed to about 900,000 fewer teens using drugs in 2009 than in 2001. For FY2010, one of DEA's goals is to recover $3.0 billion in illegal proceeds annually from international drug trafficking networks operating in the United States. DEA noted that they continue to face evolving challenges in limiting the supply of illicit drugs, such as pharmaceutical drugs available through the Internet, as well as reducing drug trafficking across the Southwest border with Mexico into the United States.

For FY2010, the Administration requested almost $2.015 billion in funding for DEA. This amount would have exceeded the enacted FY2009 funding level of $1.959 billion by almost $55.6 million and would have reflected a 2.8% funding increase. The House-passed bill included nearly $2.02 billion for the DEA, which would have been a 3.1% increase over FY2009 funding and 0.2% greater than the Administration's request. The Senate recommended $2.015 billion for DEA, which would have been the same as the Administration's request and 0.2% less than the amount recommended by the House. The act includes total appropriations of $2.02 billion for DEA, an amount that is equal to the recommended level in the House-passed bill, 0.2% greater than what was recommended in the Senate-passed bill, as well as 0.2% more than the FY2010 request and 3.1% more than the amount appropriated for FY2009.

As discussed above, the Administration requested additional funding under several DOJ accounts to strengthen immigration enforcement and border security along the Southwest border. Included in the Administration's FY2010 request for the DEA was a proposed increase of $24.1 million to hire additional personnel to enable the DEA to carry out enforcement operations along the Southwest Border and to investigate the trafficking networks of Mexican drug trafficking organizations. The requested funding would also have supported the Special Field Intelligence Programs that focus on Mexican drug trafficking organizations and the escalation of drug-related violence. Both the House-passed measure and the Senate-passed bill would have provided the amount the Administration requested for DEA activities related to the Southwest Border Initiative. Although the FY2010 enacted appropriation for DEA is equal to that recommended by the House, the conference report on the act ( H.Rept. 111-366 ) is silent on the amount provided for activities related to the Southwest Border Initiative.

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 both 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.

The President's FY2010 budget request included $1.121 billion for ATF, an increase of $52.6 million, or 4.9%, compared to the FY2009-enacted appropriation. This proposed increase included

$18 million to support "Project Gunrunner," an initiative focused on stemming illegal firearms trafficking to Mexico from the United States; $25 million for the new National Center for Explosives Training and Research Center (NCETR) for facility outfitting and expanded training; and $23.6 million in base adjustments.

The House-passed bill included $1.106 billion for the ATF, a 3.5% increase over FY2009 funding, but 1.3% under the Administration's request. The Senate-passed bill included $1.121 billion for the ATF, the same as requested by the Administration's, and a 1.4% increase over the House amount. The act provides the same amount as the Senate-passed bill and the Administration's request. Conference report language indicates that the act includes the requested $18 million for Project Gunrunner that would have also been provided in the House- and Senate-passed bills. The act also includes $10 million to increase the Violent Crime Impact Team program, $6 million for construction (phase two) of the NCETR, and $1.5 million to complete ATF headquarters construction projects.

Federal Prison System (Bureau of Prisons)

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. The mission of BOP is to protect society by confining offenders in prisons and community-based facilities that are safe, humane, cost-efficient, and are appropriately secure, and that provide work and other self-improvement opportunities for inmates so that they can become productive citizens after they are released. BOP currently operates 115 correctional facilities across the country. BOP also contracts with Residential Re-entry Centers (RRC) (i.e., halfway houses) to provide assistance to inmates nearing release. RRCs provide inmates with a structured and supervised environment along with employment counseling, job placement services, financial management assistance, and other programs and services.

Congress funds 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, DC. 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 the revenue generated by the Federal Prison Industries (FPI) 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.

The FY2010 budget request proposed BOP funding of almost $6.079 billion, of which $5.98 billion would be for the S&E account and $96.7 million for the B&F account. The total proposed amount would have provided $99.7 million less than the total enacted FY2009 appropriations of almost $6.174 billion, reflecting a 1.6% decrease. The FY2009-enacted appropriation included $5.601 billion for the S&E account and $575.8 million for the B&F account. The proposed reduction to BOP's overall funding was the result of a proposed reduction in BOP's B&F account. The Administration requested $96.7 million for the B&F account, $479.1 million less than the $575.8 million Congress appropriated for FY2009. The House-passed bill included $6.177 billion in total funding for BOP, which would have represented less than a 0.1% decrease in funding compared with FY2009, but it would have been 1.6% greater than the Administration's proposed funding level. The House-passed bill included a $476.5 million increase in BOP's S&E account (from $5.601 billion in FY2009 to a proposed $6.077 billion for FY2010), but the House's recommended funding for BOP's B&F account was the same as the Administration's request. The Senate-passed bill would have provided a total of $6.082 billion for BOP, including $5.969 billion for the S&E account and $99.2 million for B&F. The Senate-passed amount for the S&E account would have represented a 6.6% increase over the FY2009 appropriation, but it would have been 0.2% less than the Administration's request and 1.8% less than the House-passed amount. The Senate-passed amount for the B&F account would have been 82.8% less than the FY2009 appropriation, but it was 2.5% more than both the Administration's request and the House-passed amount. The act provides a total of $6.188 billion for BOP, which is 0.1% more than the FY2009 enacted amount, 1.8% more than the Administration's request, 0.2% above the House-passed amount, and 1.7% above the Senate-passed amount. Included in the $6.188 billion for BOP is $6.086 billion for the S&E account and $99.2 million for the B&F account.

BOP reports that by the end of FY2008, the federal prison population was more than 201,000 inmates and by the end of FY2009 the federal prison population was more than 208,000. Of the total number of federal inmates at the end of 2008, nearly 166,000 were held in facilities operated by BOP, while the remaining 18% were in contract care at privately operated secure facilities, in residential reentry centers, or serving a sentence of home confinement. BOP reports that its facilities were operating at 36% above capacity at the end of 2008, and it estimates that by the end of 2009 the facilities will be operating at 37% above capacity. BOP reports that one of its challenges it to provide for safe inmate incarceration and care, and to provide for the safety of BOP staff and surrounding communities in light of the increasing prison population. BOP also reports that the inmate-to-staff ratio has increased from 3.6 to 1 in 1997 to 4.9 to 1 in 2008.

One issue Congress considered while determining the appropriate level of funding for BOP for FY2010 was whether to increase BOP's funding in order to more effectively manage the growing prison population. Both the House and the Senate Appropriations Committees expressed concern about how inadequate budget requests in the past have forced BOP to rely on correctional officer overtime and the diversion of program staff instead of hiring additional correctional officers, which Congress feels has resulted in BOP's workforce being spread thin and compromising BOP's ability to effectively manage its institutions. The House Appropriations Committee stated that it was concerned about the level of staffing at BOP facilities. The House Appropriations Committee required that no less than $70.6 million of the recommended S&E funding be used for hiring additional correctional officers. In the report to accompany the Senate-passed version of H.R. 2847 , the Senate Appropriations Committee stated that it was concerned the Administration's FY2010 will not allow BOP to manage the basic operational needs of federal prisons. The joint explanatory statement to accompany the act echoed many of the same concerns raised by both the House and Senate Appropriations committees. The joint explanatory statement states that not less than $98.2 million of the funding appropriated for the S&E account is to be used to hire additional correctional officers.

Moreover, even though BOP predicts that the federal prison population will continue to grow in the near future, the Administration's requested $96.7 million for the B&F account, which includes $25.4 million for new construction. The House-passed bill would have provided $25.4 million for new construction as a part of the recommended $96.7 million for the B&F account. The Senate recommended $99.2 million for B&F, which includes $25.4 million for new construction. The act includes $99.2 million for B&F, of which $25.4 million is for new construction. Both the House and Senate Appropriations Committees expressed concern about the fact that while BOP is planning on adding approximately 13,000 additional bedspaces to its capacity between 2010 and 2014, BOP has estimated that the prison population will grow by approximately 22,500 inmates during the same time period. Both committees believed that BOP would only be able to meet its goal of adding 13,000 additional bedspaces if it receives a significant increase in new construction appropriations.

Office on Violence Against Women (OVW)

The 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.

For FY2010, the President proposed a total of $414.0 million for OVW grant programs, a reduction of $1.0 million or a 0.2% decrease in funding compared with FY2009 funding of $415.0 million. The FY2009-enacted funding for OVW does not include the $225.0 million appropriated for this account as a part of the ARRA. The House-passed bill would have provided $406.5 million for OVW. The proposed funding level in the House-passed bill would have been 2.0% less than FY2009-enacted funding and 1.8% less than the President's request. The Senate-passed bill would have provided $435.0 million for OVW. This amount would have represented a 4.8% increase over the FY2009-enacted appropriation, a 5.1% increase over the Administration's request, and 7.0% more than the House allowance. The act includes $418.5 million for OVW, which represents a 0.8% increase over the FY2009 enacted amount, a 1.1% increase over the Administration's request, a 3.0% increase over the House-passed amount, but a 3.8% decrease compared to the Senate-passed amount.

Office of Justice Programs (OJP)

The OJP manages and coordinates the National Institute of Justice, Bureau of Justice Statistics, Office of Juvenile Justice and Delinquency Prevention, Office of Victims of Crimes, Bureau of Justice Assistance, and related grant programs. For OJP, the Administration requested approximately $2.340 billion, or nearly $472.6 million (16.8%) less than the FY2009 appropriation of $2.812 billion. The House-passed bill would have provided $3.045 billion for OJP, 8.3% more than FY2009-enacted funding and 30.2% more than the Administration's request. The Senate recommended a total of $2.73 billion for OJP, 18.7% more than the Administration's request but 2.9% less than the FY2009 appropriation and 10.4% less than the House recommendation. The act provides a total of $3.289 billion for OJP. This amount is 16.9% greater than the FY2009 enacted amount, 40.6% greater than the Administration's request, 8.0% greater than the House-passed amount, and 20.5% greater than the Senate-passed amount.

Justice Assistance

The Justice Assistance account, among other things, funds the operations of the Bureau of Justice Statistics and the National Institute of Justice along with providing assistance to missing and exploited children programs. For FY2010, the Administration requested $225.0 million for this account, or 2.3% more than the FY2009 appropriation of $220.0 million. The House-passed bill would have provided $226.0 million for the Justice Assistance account, 2.7% more than FY2009 funding and 0.4% more than the Administration's request. The Senate-passed bill would have provided $215.0 million for Justice Assistance, 2.3% less than FY2009 funding, 4.4% less than the Administration's request, and 4.9% less than the House-recommended amount. The act includes $235.0 million for this account, representing a 6.8% increase over FY2009 appropriations, a 4.4% increase over the Administration's request, a 4.0% increase over the House-passed amount, and a 9.3% increase over the Senate-passed amount.

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 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, and the State Criminal Alien Assistance Program (SCAAP). The Administration requested $728.0 million for the State and Local Law Enforcement Assistance account for FY2010. The requested amount is $600.5 million, or 45.2%, less than the $1.329 billion Congress appropriated for this account for FY2009. The FY2009-enacted funding does not include the $2.765 billion Congress appropriated for OJP grant programs as a part of the ARRA. The House-passed bill would have provided a total of $1.413 billion for grants funded under this account. The House-passed bill would have provided 6.3% more funding than FY2009 appropriations, and the recommended funding was 94.0% more than the Administration's request. The Senate recommended a total of $1.159 million for State and Local Law Enforcement Assistance. This amount would have been 59.2% more than the Administration's request, but it would have been 12.8% less than the FY2009 appropriation and 17.9% less than what was provided in the House-passed bill. The act includes a total of $1.535 billion for grant programs funded under this account. This amount is 15.5% more than the FY2009 appropriation, 110.8% more than the Administration's request, 8.7% more than the House-passed amount, and 32.4% more than the Senate-passed amount.

As mentioned above, SCAAP has traditionally been funded under the State and Local Law Enforcement Assistance account. One issue facing Congress as it decided on the level of funding for OJP was whether to follow the Administration's proposal to eliminate funding for SCAAP. SCAAP provides funds to states and local governments that incurred correctional officer salary costs for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state or local law. For FY2010, the Administration proposed to eliminate funding for SCAAP because "it functions as an unfocused block grant and funds can be used for any correctional-related purpose." According to the Administration, SCAAP funds can be used for extraneous items and services such as bonuses, consultants, and the of purchase vehicles. The House did not accept the President's proposal. The House-passed bill included $400.0 million for SCAAP, the same amount as what was appropriated for the program for FY2009. The Senate-passed bill would have provided $228.0 million for SCAAP, 43.0% less than the FY2009 appropriation and the House-recommended amount. The act includes $330.0 million for SCAAP, 17.5% less than the FY2009 appropriation and the House-passed amount, but 44.7% more than the Senate-passed amount.

Weed and Seed Program

The Weed and Seed program is designed to provide grants to help communities build stronger, safer neighborhoods by implementing local-level approaches to solve and prevent crimes. The program provides assistance for community-based strategies of "weeding and seeding" activities based on the premise that leaders from neighborhood and community organizations, including faith-based organizations, law enforcement and private enterprise, must be involved in leveraging resources to solve community problems at the local level. Site funding generally provides resources for "weeding" activities, which include joint law enforcement operations and community policing, and "seeding" activities, which range from prevention activities, including physically improving the neighborhood and economic development.

The Administration requested $25.0 million for Weed and Seed, the same amount as the FY2009 appropriation for the program. The House-passed bill included $15.0 million for the program, 40.0% less than both FY2009 funding and the Administration's request. The Senate recommended $20.0 million for Weed and Seed, 20.0% less than FY2009 funding and the Administration's request but 33.3% more than what the House recommended for this account. The act provides $20.0 million for Weed and Seed, the same as the Senate-passed amount.

Community Oriented Policing Services (COPS)

The COPS Office awards grants to state, local and tribal law enforcement agencies throughout the United States so they can hire and train law enforcement officers to participate in community policing, purchase and deploy new crime-fighting technologies, and develop and test new and innovative policing strategies. Some examples of grant programs traditionally funded under this account include the Law Enforcement Technology grant program, the Methamphetamine Hot-spots Initiative, grants to reduce the DNA backlog, and offender re-entry grants. The Administration requested $761.0 million for COPS for FY2010, 38.2% more than the $550.5 million appropriated for the program for FY2009. The $550.0 million appropriated for COPS for FY2009 does not include the $1.0 billion Congress appropriated for COPS hiring programs as a part of the ARRA. The House-passed bill would have provided $807.0 million for COPS. The amount provided in the House-passed bill would have been 46.6% more than the FY2009 appropriation and 6.0% more than the Administration's requested funding. The Senate recommended $685.5 million for COPS, which would have represented an increase of 19.6% compared with FY2009 appropriations, but the recommended amount was 13.5% less than the Administration's request and 18.4% less than what the House recommended. The act provides $791.6 million for COPS, a 43.8% increase in funding compared to FY2009 appropriations. The amount included in the act is 4.0% more than the Administration's request and 20.2% more than what the Senate would have provided, but it is 1.9% less than what the House would have provided.

In recent years, Congress has shown a growing interest in issues related to offender re-entry. Statistics about the size of the United States prison population and costs associated with recidivism suggest why Congress has turned its attention to this issue. Over 95% of the prison population today will be released at some point in the future, and each year in the United States almost 650,000 offenders are released from prison. The Bureau of Justice Statistics (BJS) has estimated that two-thirds of all released prisoners will commit new offenses (recidivate) within three years of their release. According to the BJS, the average per-prisoner cost of incarceration in state prison in 2001 was $62 per day, or $22,650 per year; costs for those incarcerated in federal prison was similar. Overall, the states spent $38 billion on their correctional systems in 2001, the most recent year for which data are available.

In 2008, Congress passed, and President Bush signed into law, the Second Chance Act of 2001 ( P.L. 110-199 ), which, among other things, authorized $165 million dollars for each of FY2009 and FY2010 for programs to aid offenders as they make their transition back into society. The Administration requested a total of $100.0 million in funding for FY2010 under the COPS account for programs authorized under the Second Chance Act. The Administration's proposal did not specify the programs for which the Administration requested funding. The House-passed bill would have provided a total of $100.0 million for programs authorized by the Second Chance Act. The proposed funding included

$37.0 million for adult and juvenile offender re-entry demonstration grants; $10.0 million for re-entry courts; $7.5 million for grants for family-based substance abuse treatment; $2.5 million for grants to improve education at prisons, jails, and juvenile facilities; $5.0 million for technology careers training demonstration grants; $13.0 million for offender re-entry substance abuse and criminal justice collaboration; $15.0 million for offender mentoring and transitional services; and $10.0 million for prisoner re-entry research.

The proposed $100.0 million in funding for programs authorized by the Second Chance Act would have been 300.0% greater than the $25.0 million appropriated for these programs for FY2009. However, the proposed $100.0 million in funding was $40.0 million less than the total amount authorized for DOJ grant programs and re-entry research by the Second Chance Act.

The Senate recommended a total of $50.0 million under the State and Local Law Enforcement Assistance account for programs authorized by the Second Chance Act. The proposed funding included

$25.0 million for adult and juvenile offender re-entry demonstration grants, $15.0 million for offender mentoring and transitional services, and $5.0 million for grants for family-based substance abuse treatment.

The amount recommended in the Senate-passed bill was half of what the Administration requested and what the House recommended, but it is double what was appropriated for FY2009. The amount recommended by the Senate Appropriations Committee is $90.0 million less than what is authorized for these programs for FY2010.

The amount included in the act for offender re-entry programs is the same as the amount recommended by the House. In the act, funding for offender re-entry programs is included under the State and Local Law Enforcement Assistance account.

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 juvenile justice systems. The Administration requested $317.0 million for this account, $57 million, or 15.2%, less than the $374 million appropriated for the Juvenile Justice Programs account for FY2009. The House-passed bill included $385.0 million for Juvenile Justice Programs, which would have been a 2.9% increase over FY2009 funding and 21.5% more than the Administration's request. The Senate recommended $407.0 million for Juvenile Justice Programs. The proposed funding would have been 8.8% more than FY2009 funding, 28.4% more than the President's request, and 5.7% more than the House-recommended amount. The act provides $423.6 million for Juvenile Justice Programs. This amount is 13.3% more than FY2009 appropriations, 33.6% more than the Administration's request, 10.0% more than the House-passed amount, and 4.1% more than the Senate-passed amount.

Public Safety Officers Benefits Program (PSOB)

The PSOB program provides three different types of benefits to public safety officers or 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. The Administration requested $70.1 million for PSOB for FY2010, which would be 41.1% less than what was appropriated in FY2009 ($119.1 million). The House-passed bill included the same amount for PSOB as the Administration's request. The Senate-passed bill would have provided the same amount as the Administration's request and the House's recommendation. The act provides $70.1 million for PSOB, the same as the Administration's request and the House and Senate-passed amounts.

Salaries and Expenses

This account provides for the salaries and expenses of OVW, OJP, and COPS. This account was funded for the first time in FY2009. Congress established a Salaries and Expenses account for OVW, OJP, and COPS to " ... achieve greater transparency, efficiency and accountability in the management, administration and oversight of the Justice Department grant programs." The President requested $213.4 million for this account for FY2010, 9.4% more than the $195.0 million appropriated for this account for FY2009. The House-passed bill would have provided $129.6 million for this account. The amount recommended in the House-passed bill would have been 33.5% less than what was appropriated for this account for FY2009 and 39.3% less than the Administration's request. The Senate recommended $200.0 million for OJP's Salaries and Expenses. This amount would have been 6.3% less than the Administration's request, but it would have been 2.6% more than the FY2009-enacted amount and 54.3% more than the House-recommended amount. The act includes $213.4 million for this account, the same as the Administration's request, 64.6% more than the House-passed amount, and 6.7% more than the Senate-passed amount.

Science Agencies

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.

President Obama's FY2010 budget request included $25.737 billion for science agencies, an increase of $1.459 billion (6.0%) over the enacted FY2009 amount of $24.278 billion (see Table 5 ). The FY2010 request included $423.0 million for the National Science Foundation's (NSF) participation in the National Nanotechnology Initiative (NNI) and $16.6 million for the National Aeronautics and Space Administration's (NASA) nanotechnology research and development (R&D) activities. The House-passed bill included a total of $25.147 billion for the science agencies, a 3.6% increase over FY2009 appropriations for these agencies, but 2.3% less than the FY2010 requested funding. The Senate-passed bill provided a total of $25.609 billion for science agencies, 0.5% less than the Administration's request, but 5.5% more than the FY2009-enacted funding and 1.8% more than the House-recommended amount. The act provides $25,657.8 million to CJS science agencies for FY2010, an increase of 5.7% above the FY2009 level, 0.3 percent less than the President's request, and above both the House-passed and Senate-passed levels.

Office of Science and Technology Policy (OSTP)75

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), which coordinates science and technology policy across the federal government, and co-chairs the President's Council of Advisors on Science and Technology (PCAST), a council of external advisors that provides advice to the President.

OSTP is one of two offices in the Executive Office of the President (EOP) that is funded in the CJS appropriations bill. OSTP's FY2009 budget was $5.3 million. An additional $3.0 million was provided through the National Science Foundation appropriation for the Science and Technology Policy Institute (STPI), a federally-funded research and development center that supports OSTP. For FY2010, the Obama Administration requested $6.2 million, $1.1 million (16.0%) above its FY2009 level. According to OSTP director John Holdren, the request will support four Senate-confirmed associate directors (rather than two in the previous Administration), the President's Open Government Initiative, reinvigoration of PCAST, increasing NSTC activities, and coordinating the nation-wide effort to enhance scientific integrity in the policy-making process. Although the FY2008 explanatory statement directed NSF to transfer funds for STPI to OSTP, FY2010 funding for STPI ($3.0 million, no change from FY2009) was again requested by NSF.

The House-passed bill would have provided $7.2 million for the Office of Science and Technology Policy, $1.0 million above the requested amount, "to ensure that OSTP has adequate staff to fulfill key requirements in the upcoming year." The proposed funding would have been 34.9% more than FY2009 funding and 16.2% greater than the FY2010 request. In the report, OSTP was directed to develop a plan for achieving and sustaining global Earth observations in collaboration with other agencies and in consultation with the Earth science community. In addition, the House Committee on Appropriations stated that it anticipated OSTP would need to provide leadership and active coordination on hydrology research and water resources, terrestrial ecosystems and their role in climate change, nanotechnology, and science, technology, engineering, and mathematics (STEM) education. The Senate-passed bill would have provided $6.2 million, $0.9 million (16.0%) above the FY2009-enacted level, equal to the President's budget request, and $1.0 million (-14.0%) less than the House-recommended amount.

The act provides $7.0 million for the Office of Science and Technology Policy, $0.8 million above the requested amount. The provided funding is 32.0% higher than FY2009 funding and 13.7% greater than the FY2010 request. The conference report agreed with the direction of the House and directed OSTP to develop a plan for achieving and sustaining global Earth observations in collaboration with other agencies and in consultation with the Earth science community. In addition, the conference report directs the OSTP to conduct a review of the interagency GLOBE program, examining the merits of transitioning responsibility for the program from NASA to NOAA, and report within 60 days.

National Aeronautics and Space Administration (NASA)82

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, DC. 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 requested $18.686 billion for NASA for FY2010, a 5.1% increase over the FY2009 regular appropriation. The House provided $18.203 billion. The Senate provided the requested amount. The final appropriation was $18.724 billion. See Table 6 for a breakdown of these amounts by appropriations account.

For the past several years, budget priorities throughout NASA have been driven by the Vision for Space Exploration, announced by President Bush in January 2004 and endorsed by Congress in the NASA Authorization Act of 2005 ( P.L. 109-155 ) and the NASA Authorization Act of 2008 ( P.L. 110-422 ). The Vision includes returning the space shuttle to flight status (already accomplished) then retiring it by 2010; completing the International Space Station, but discontinuing U.S. use of it after 2015; returning humans to the moon by 2020; and then sending humans to Mars and "worlds beyond." The priorities established by the Vision are now in question. It is doubtful whether the future-year spending plans provided in NASA's FY2010 budget documents can accommodate the goal of returning humans to the moon. An Administration-requested independent review of NASA's human spaceflight activities (known as the Augustine report) estimated that this goal would require an additional $3 billion per year, even with some schedule delays.

The Administration requested $4.477 billion for Science in FY2010, a 0.6% decrease. Within this total, increases for Earth Science, Planetary Science, and Heliophysics were offset by a decrease for Astrophysics. In Earth Science, NASA is considering its options following the loss of the Orbital Carbon Observatory (OCO), which was launched in February 2009 but failed to reach orbit. Building a replacement for OCO is one of the options being examined, but the funding that would be required was not included in the request. The House increased Earth Science by $15 million and Astrophysics by $50 million; these increases were partly offset by transfers of administrative and construction costs to other accounts, for a net increase in Science of $19 million above the request. The Senate increased Astrophysics by $49 million and Heliophysics by $42 million; these increases were partly offset by a reallocation of unobligated balances from prior years, for a net increase in Science of $40 million above the request. The final appropriation was $4.469 billion, which was $8 million less than the request. Within this amount, increases of $45 million for Earth Science, $32 million for Heliophysics, and $13 million for Planetary Science were more than offset by transfers of administrative and construction costs to other accounts and an unallocated reduction of $59 million. The increase for Earth Science included $25 million, to be supplemented by another $25 million in prior-year unobligated funds, to initiate a replacement for the OCO.

The $3.963 billion requested for Exploration in FY2010 was a 13.1% increase, as the Constellation Systems program ramps up its development of the Orion crew vehicle and Ares I launch vehicle, successors to the space shuttle. According to NASA, the FY2010 request for Constellation Systems and the accompanying funding projections for FY2011 through FY2014 are consistent with achieving an initial operating capability for Orion and Ares I (i.e., a first crewed flight) in March 2015. It is doubtful, however, whether the projected FY2010-FY2014 funding for development of the heavy-lift Ares V launch vehicle, the Altair lunar lander, and lunar surface systems is consistent with returning humans to the moon by 2020. The Augustine report found that 2017 is a more likely date for an initial operating capability and that currently projected budgets would permit a return to the moon no sooner than "well into the 2030s, if ever." The House provided $670 million less than the request for Exploration. The House committee report described this as a deferral without prejudice, in light of the ongoing Augustine review, that "should not be viewed … as a diminution of the Committee's support for NASA's human space flight program." The Senate provided $23 million less than the request, including the full requested amount for Orion and Ares I, an increase of $75 million for Ares V, a reduction for $46 million for Advanced Capabilities, and a reallocation of $52 million in unobligated balances from prior years. The final appropriation was $3.746 billion, a reduction of $217 million from the request. This total included reductions of $39 million for Constellation Systems and $21 million for Advanced Capabilities, transfers of administrative and construction costs to other accounts, and an unallocated reduction of $52 million. The final bill renamed the Constellation Systems funding line as Human Exploration Architecture Development but prohibited NASA from terminating any aspect of the Constellation architecture or initiating any new alternative unless permitted to do so by a subsequent appropriations act. The conference report stated that the Augustine committee's report

raises issues requiring thoughtful consideration by the Administration and the Congress, before the Committees on Appropriations of the House and Senate can recommend detailed funding levels.... It is premature for the conferees to advocate or initiate significant changes to the current program absent a bona fide proposal from the Administration and subsequent assessment, consideration and enactment by Congress.... It is the expressed hope of the conferees that the Administration will formulate its formal decision soon, submit its recommendations for congressional review and consideration, and budget the necessary resources....

The FY2010 request of $6.176 billion for Space Operations, which funds the space shuttle, the International Space Station, and the Space and Flight Support program, was a 7.1% increase. With the release of the FY2010 budget, NASA's position on the remaining schedule of shuttle flights shifted slightly. Previously its policy was that the shuttle would not fly after the end of FY2010, but that it expected to be able to complete all remaining flights by then. Now its policy is that it will complete all remaining flights, but that it expects to achieve that by the end of FY2010. In other words, one or more flights in FY2011 are now possible, if needed. The gap in U.S. human access to space between the end of the shuttle program and the first availability of Orion and Ares I remains a concern for policymakers. The House provided $178 million less than the request for Space Operations. The Senate provided $14 million less than the request. The final appropriation was $6.147 billion, a reduction of $29 million from the request. Within this total, an increase of $50 million for the International Space Station was more than offset by an unallocated reduction of $18 million and transfers of administrative and construction costs to other accounts.

The House bill established a new appropriations account for Construction of Facilities and Environmental Compliance and Remediation. The House provided $442 million for this account, which consolidates activities currently supported by other accounts (mostly Cross-Agency Support). The Senate bill did not include this new account. The final bill provided $448 million for Construction and Environmental Compliance and Remediation.

The House bill made most NASA funds available for only one year, rather than the usual two. Approximately 10% of most of NASA's appropriations accounts would have continued to be available for two years. Funds in the new Construction of Facilities and Environmental Compliance and Remediation account would have been available for six years. The Senate bill made all NASA funds available for two years as usual. The final bill made funds for Construction and Environmental Compliance and Remediation available for six years and all other funds available for two years.

National Science Foundation (NSF)88

For FY2010, the President requested $7.045 billion for the NSF, an 8.6% increase ($555.0 million) over the FY2009 estimate of $6.490 billion. Under President Obama's Plan for Science and Innovation, the Administration proposed doubling the federal investment in basic research over a period of 10 years relative to the FY2006 level. The Plan for Science and Innovation is structured to build on the scientific investments made through the ARRA. Under the plan, the largest increases would have occurred in FY2012. The House-passed bill would have provided $6.937 billion for NSF. The proposed funding would have represented a $446.1 million (6.9%) increase over FY2009 appropriations, but $108.5 million (-1.5%) less than the FY2010 request. The Senate-passed bill would have provided $6.917 billion for the NSF. The proposed funding was $426.4 million (6.6% ) more than the FY2009 appropriations, $128.2 million (-1.8%) less than the President's request, and $19.8 million (-0.3%) less than the House-passed bill.

Included in the FY2010 request was $5.733 billion for Research and Related Activities (R&RA), a $550.0 million increase (10.6%) above the FY2009 estimate of $5.183 billion. R&RA included Integrative Activities (IA), a cross-disciplinary research and education program that also provides funding for the acquisition and development of research instrumentation at institutions. The FY2010 request would have provided $271.1 million for IA, an increase of $29.8 million (12.3%). The IA funding also supports Partnerships for Innovation, disaster research teams, the Science and Technology Policy Institute, and the Experimental Program to Stimulate Competitive Research (EPSCoR). NSF's FY2010 request for EPSCoR was $147.1 million. Approximately half of the funding for EPSCoR would have been used for a combination of new awards and research infrastructure improvement grants, and half would support grants made in previous years. The Office of Polar Programs (OPP), also funded under the R&RA account, is the primary U.S. source of support for basic research in polar regions. The FY2010 request for addressing the challenges in polar research was $516.0 million, a 9.6% increase over the FY2009 estimate. Priorities of the OPP in FY2010 include support for national energy goals, support for transformative research, and resupply improvements at the research stations. The House-passed bill would have provided $5.642 billion for R&RA; the Senate-passed bill would provide $5.618 billion.

The FY2010 request for the Education and Human Resources (EHR) Directorate was $857.8 million, $12.5 million (1.5%) above the FY2009 estimate. The EHR portfolio is focused on, among other things, increasing the technological literacy of all citizens; preparing the next generation of science, engineering, and mathematics professionals; and closing the achievement gap of underrepresented groups in all scientific fields. EHR funding supports a portfolio of programs directed at strengthening and expanding the participation of underrepresented groups and diverse institutions in the scientific and engineering enterprise. Among the targeted programs in the FY2010 request were the Historically Black Colleges and Universities Undergraduate Program ($32.0 million), Louis Stokes Alliances for Minority Participation ($44.8 million), and Increasing the Participation and Advancement of Women in Academic Science and Engineering Careers ($1.5 million). The House-passed bill would have provided $862.9 million for EHR; the Senate-passed bill would have provided $857.8 million.

The Major Research Equipment and Facilities Construction (MREFC) account would have received $117.3 million under the FY2010 request, a decrease of $34.7 million (-22.8%) from the FY2009 estimate. The MREFC supports the acquisition and construction of major research facilities and equipment that extend the boundaries of science, engineering, and technology. NSF describes itself as being the primary federal agency providing support for "forefront instrumentation and facilities for the academic research and education communities." To qualify for support, NSF requires MREFC projects to have "the potential to shift the paradigm in scientific understanding and/or infrastructure technology." The FY2010 request reflected NSF's tighter standards and requirements for receiving funding in this account. The FY2010 request included support for five ongoing projects: Advanced Laser Interferometer Gravitational Wave Observatory ($46.3 million), Atacama Large Millimeter Array ($42.8 million), IceCube Neutrino Observatory ($1.0 million), Advanced Technology Solar Telescope ($10.0 million), and the Ocean Observatories Initiative($14.3 million).

The act provides a total of $6.927 billion for the NSF, 6.7% above the FY2009 estimate and approximately 1.7% below the President's FY2010 request. Included in the total for NSF is $5.618 billion for R&RA, $872.8 million for EHR, and $177.3 million for MREFC.

Related Agencies

As shown in Table 7 , the FY2009-enacted level included $872.4 million for related agencies. The Administration's request included a total of $950.9 million for related agencies, a proposed 9.0% increase in funding. The House-passed bill would have provided a total of $956.2 million in funding for the related agencies. This amount would have been 9.6% greater than what was appropriated for FY2009 and it would be 0.6% greater than the Administration's request. The Senate-passed bill would have provided a total of $916.0 million for related agencies. The Senate-passed amount would have been 5.0% greater than the FY2009 appropriations for these agencies, but it would have been 3.7% less than the Administration's requested funding and 4.2% less than the House-recommended amount. The act provides a total of $934.8 million for the related agencies. This amount is 7.4% more than the FY2009 appropriation and 2.1% more than what the Senate recommended, but the FY2010 enacted amount is 1.7% less than the Administration's request and 2.2% less than the House-passed amount.

Commission on Civil Rights89

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.

For FY2010, President Obama has requested $9.4 million for the Commission compared to FY2009 appropriations of $8.8 million, which would have represented a 6.8% increase in funding. The House-passed bill included $9.4 million for the Commission, the same as the Administration's request. The Senate recommended $9.4 million for the Commission, the same as the Administration's request and the House-recommended amount. The act provides $9.4 million for the Commission, the same as the Administration's request and the House- and Senate-passed amounts.

Equal Employment Opportunity Commission (EEOC)90

The EEOC enforces laws banning employment discrimination based on race, color, national origin, sex, age, or disability. In recent years, appropriators have been particularly concerned about the agency's implementation of a restructuring plan, initiated in 2005, that included the creation of the National Contact Center (NCC), realignment of field structure and staff, and restructuring of headquarters operations. In response to congressional concerns about call intake practices, the EEOC transitioned to an in-house call center, known as the Intake Information Network, to replace the NCC. The Network handles all calls and starts processing queries immediately through an Electronic Assessment System.

The President requested $367.3 million for the EEOC for FY2010, which is $23.4 million more than the FY2009-enacted level of $343.9 million. The House-passed bill included $367.3 million for the EEOC, the same as the President's FY2010 budget request. The Senate-passed bill would have provided the same amount as the Administration's request and the House-passed bill. The act includes $367.3 million for the EEOC, the same amount as the President's request, and what was recommended by both the House and Senate.

Congress remains concerned about the backlog of private sector cases filed with the EEOC, which is projected to increase to 102,944 in FY2010—39% higher than the inventory at the end of FY2008 (73,951). Although the FY2010 budget request included funding for hiring 224 full time equivalents—such as investigators, mediators, attorneys, and support staff—the conference committee recommends that the EEOC develop a multiyear plan for further increasing staffing to reduce expected increases in workload. To monitor the adequacy of the commission's personnel resources, the conference committee directed the EEOC to submit quarterly reports on projected and actual staffing levels.

The projected increase in the agency's workload partly reflects the transition from a contractor-operated center to an in-house call center, which allows the public to begin the charge process online. In addition, passage of the Lilly Ledbetter Fair Pay Act ( P.L. 111-2 ) in January 2009 could increase charge filings. The EEOC also anticipates that economic factors, such as higher unemployment rates, layoffs, and business closings, could affect the number of charges filed.

To increase the efficiency of the hearing process for federal employee cases, the EEOC intends to implement a system that divides cases into fast, regular, or complex discovery tracks. The conference committee, in response, directs the EEOC to submit to Congress an implementation plan within 60 days of enactment that includes background on the need for the tracking system, the plan's implementation schedule, and an analysis of the potential impact on federal employees of getting "a fair hearing" under the tracking system.

U.S. International Trade Commission (ITC)93

The ITC is an independent, quasi-judicial agency established by Congress that advises the President and Congress on U.S. foreign economic policies. The mission of ITC can be categorized into three separate functions: (1) administering U.S. trade remedy laws within its mandate in a fair and objective manner; (2) providing the President, the U.S. Trade Representative, and Congress with independent analysis, information, and support on matters of tariffs and international trade and competitiveness; and (3) maintaining the Harmonized Tariff Schedule of the United States. As a matter of policy, its budget request is submitted to Congress by the President without revision.

The FY2010 enacted amount for ITC is $81.9 million, $0.8 million (1.0%) less than the Administration's request of $82.7 million and $6.8 million more (9.0%) than the FY2009-enacted appropriation of $75.1 million. The budget request stated that the requested increase for FY2010 was primarily due to the acquisition of additional space to meet workload demands, as well as required increases in salaries and benefits. The House-passed bill would have provided the same level of funding for the ITC as the Administration's request ($82.7 million). The Senate-passed bill would have provided the same amount for ITC as the Administration's request and the House-passed bill.

Legal Services Corporation (LSC)95

The LSC is a private, non-profit, federally-funded corporation that provides grants to local offices that, in turn, provide legal assistance to low-income people in civil (non-criminal) 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. Current LSC funding remains below the LSC's highest funding level of $400 million in FY1994 and FY1995.

For the first time in many years, the Administration proposed to increase funding for the LSC. For FY2010, the Obama Administration requested $435.0 million for the LSC. This amount was $45.0 million (11.5%) above the FY2009 appropriation of $390.0 million for the LSC. The House-passed bill would have provided $440.0 million for the LSC, which would have represented a 12.8% increase over FY2009 funding and 1.1% increase over the Administration's request. The Senate recommended $400.0 million for LSC for FY2010. The proposed amount would have been 2.6% more than the FY2009 appropriation, but it was 8.0% less than the Administration's request and 9.1% less than the House-passed amount. The act provides $420.0 million for LSC, which is a 7.7% increase over LSC's FY2009 appropriation. However, the FY2010 appropriation for LSC is 3.4% less than the Administration's request and 4.5% less than the House recommended amount, but it 5.0% than what the Senate recommended for LSC for FY2010.

Moreover, since its inception, the legal services program has been controversial. Congress through the LSC Act and various annual appropriation laws has imposed many restrictions on activities of LSC-funded legal services programs. The Obama Administration and certain congressional proposals would eliminate some of these restrictions. The Obama Administration's FY2010 budget proposed that LSC restrictions on class action suits and attorneys' fees be eliminated. A general provision in Title V of the act revises the administrative provision in order to permit LSC grantees to pursue the recovery of attorney's fees when recovery is permitted or required under federal or state law.

Marine Mammal Commission (MMC)96

The Marine Mammal Commission is an independent agency of the executive branch, established under Title II of the Marine Mammal Protection Act (MMPA; P.L. 92-522). The Marine Mammal Commission (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.

For FY2010, the Administration proposed $3.0 million for necessary expenses of the Marine Mammal Commission, a decrease of $200,000 (6.3%) from the FY2009 appropriation of $3.2 million for this independent agency. The House-passed bill included $3.3 million for the MMC, 3.1% more than FY2009 appropriations for the commission, and 10.0% greater than the FY2010 request. The Senate-passed bill would have provided approximately $3.3 million for the Marine Mammal Commission for FY2010. The recommended amount would have been 1.6% more than the FY2009 appropriation and 8.3% more than the Administration's request, but it was 1.5% less than the House-recommended amount. The act provides approximately $3.3 million for the MMC, which represents a 1.6% increase compared to the FY2009 appropriation, a 8.3% increased compared to the President's request, a 1.5% decrease compared to the House-passed amount, and it is the same as the Senate-passed amount.

Office of the U.S. Trade Representative (USTR)97

The 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 FY2010 enacted amount for USTR is $47.8 million, $0.5 million (1.0%) less than the Administration's request of $48.3 million and $0.5 million (1.2%) more than the FY2009-enacted appropriation of $47.3 million. The House-passed bill would have provided $48.3 million for this account, the same as the Administration's request. The Senate-passed amount was the same as the Administration's request and the House-recommended amount.

State Justice Institute (SJI)

The 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. 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 proposed $5.1 million in funding for SJI for FY2010, 25.1% more than the $4.1 million Congress appropriated for SJI for FY2009. The House-passed bill included $5.1 million for SJI, the same level as the Administration's request. The Senate-passed bill would have provided $5.0 million for SJI, which was 22.0% more than the FY2009 appropriation but 2.6% less than the Administration's request and the House-recommended funding. The act includes $5.1 million for SJI, the same as the Administration's request and the House-passed amount and 2.6% more than the Senate-passed amount.