Overview of FY2017 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)
Released: 2017-05-24T00:00:00

T his report describes actions taken by the Administration and Congress to provide FY2017 appropriations for Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of enacted FY2016 appropriations for agencies and bureaus funded as part of annual CJS appropriations.

The amounts in this report reflect only new appropriations. Therefore, the amounts do not include any rescissions of unobligated or de-obligated balances that may be counted as offsets to newly enacted appropriations, nor do they include any scorekeeping adjustments (such as the balance on the Crime Victims Fund). In the text of the report, appropriations are rounded to the nearest million. However, percentage changes are calculated using the full appropriation, meaning that in some instances the reported percentage change might not be consistent with the amount discussed in the report.

The FY2016-enacted appropriations were taken from the text of the Consolidated Appropriations Act, 2016 ( P.L. 114-113 ) and the joint explanatory statement to accompany the act, printed in the December 17, 2015, Congressional Record . The Obama Administration's FY2017 requested amounts were taken from each department's and agency's respective budget justification and the report to accompany S. 2837 ( S.Rept. 114-239 ). The Senate Committee-reported amounts were taken from S.Rept. 114-239 . The House Committee-reported amounts were taken from H.Rept. 114-605 . The FY2017 appropriated amounts were taken from the explanatory text to accompany the Consolidated Appropriations Act, 2017 ( P.L. 115-31 ).

This report provides an overview of the FY2017 appropriations for CJS. Please see the following reports for a more in-depth review of appropriations for specific CJS departments and agencies:

CRS Report R43908, The National Institute of Standards and Technology: An Appropriations Overview , by [author name scrubbed] CRS Report R44567, FY2017 Appropriations for the Census Bureau and Bureau of Economic Analysis , by [author name scrubbed]. CRS Report R43866, The National Telecommunications and Information Administration (NTIA): An Overview of Programs and Funding , by [author name scrubbed]. CRS Report R44424, FY2017 Appropriations for the Department of Justice , by [author name scrubbed]. CRS Report R44430, FY2017 Appropriations for the Department of Justice Grant Programs , by [author name scrubbed]. CRS Report R44686, Gun Control: FY2017 Appropriations for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Other Initiatives , by [author name scrubbed]. CRS Report R43935, Office of Science and Technology Policy (OSTP): History and Overview , by [author name scrubbed] and [author name scrubbed]. CRS Report R44397, NASA: FY2017 Budget and Appropriations , by [author name scrubbed]. CRS Report R44679, The National Science Foundation: FY2017 Appropriations and Funding History , by [author name scrubbed] and [author name scrubbed]. CRS Report RL34016, Legal Services Corporation: Background and Funding , by [author name scrubbed].

Overview of CJS

The annual CJS appropriations act provides funding for the Departments of Commerce and Justice, the science agencies, and several related agencies. Appropriations for the Department of Commerce include funding for agencies such as the Census Bureau, the U.S. Patent and Trademark Office, the National Oceanic and Atmospheric Administration, and the National Institute of Standards and Technology. Appropriations for the Department of Justice (DOJ) provide funding for agencies such as the Federal Bureau of Investigation; the Bureau of Prisons; the U.S. Marshals; the Drug Enforcement Administration; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, along with funding for a variety of grant programs for state, local, and tribal governments. The vast majority of funding for the science agencies goes to the National Aeronautics and Space Administration and the National Science Foundation. The annual appropriation for the related agencies includes funding for agencies such as the Legal Services Corporation and the Equal Employment Opportunity Commission.

Department of Commerce

The mission of the Department of Commerce is to promote "job creation, economic growth, sustainable development and improved standards of living ... by working in partnership with businesses, universities, communities and ... workers." The department has wide-ranging responsibilities including trade, economic development, technology, entrepreneurship and business development, monitoring the environment, forecasting weather, managing marine resources, and statistical research and analysis. The Department of Commerce affects trade and economic development by working to open new markets for U.S. goods and services and promoting pro-growth business policies. It also invests in research and development to foster innovation. In addition, the department manages and monitors coastal and ocean resources and assets to support both environmental and economic health. It also conducts the constitutionally mandated decennial census. Finally, the Department of Commerce operates the national patent system.

The agencies within the Department of Commerce and their missions include the following:

International Trade Administration (ITA) seeks to develop the export potential of U.S. firms and improve the trade performance of U.S. industry; Bureau of Industry and Security (BIS) enforces U.S. export laws consistent with national security, foreign policy, and short-supply objectives; Economic Development Administration (EDA) provides grants for economic development projects in economically distressed communities and regions; Minority Business Development Agency (MBDA) seeks to promote private- and public-sector investment in minority businesses; Economics and Statistics Administration (ESA) , excluding the Census Bureau, provides (1) information on the state of the economy through preparation, development, and interpretation of economic data and (2) analytical support to department officials in meeting their policy responsibilities; Census Bureau , a component of ESA, collects, compiles, and publishes a broad range of economic, demographic, and social data; National Telecommunications and Information Administration (NTIA) advises the President on domestic and international communications policy, manages the federal government's use of the radio frequency spectrum, and performs research in telecommunications sciences; United States Patent and Trademark Office (USPTO) examines and approves applications for patents of 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.

Department of Justice

DOJ's mission is to "enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans." DOJ also 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:

Office of the 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 (USMS) provides security for the federal judiciary, protects witnesses, executes warrants and court orders, manages seized assets, detains and transports prisoners who have not been sentenced, 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 the 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 (ATF and its mission was transferred from the Department of the Treasury to DOJ by the Homeland Security Act of 2002 [ P.L. 107-296 ]); Federal Prison System ( Bureau of Prisons ; BOP ) provides for the custody and care of the federal prison population, the maintenance of prison-related facilities, and the boarding of sentenced federal prisoners incarcerated in state and local institutions; Office on Violence Against Women (OVW) coordinates legislative and other initiatives relating to violence against women and administers grant programs to help prevent, detect, and stop violence against women, including domestic violence, sexual assault, and stalking; Office of Justice Programs (OJP) manages and coordinates the activities of the Bureau of Justice Assistance; Bureau of Justice Statistics; National Institute of Justice; Office of Juvenile Justice and Delinquency Prevention; Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking, and Office of Victims of Crime; and 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.

The Science Agencies

The science agencies support research and development and related activities across a wide variety of federal missions, including national competitiveness, space exploration, and fundamental discovery.

Office of Science and Technology Policy

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 also manages the National Science and Technology Council, which coordinates science and technology policy across the executive branch of the federal government, and co-chairs the President's Council of Advisors on Science and Technology, a council of external advisors that provides advice to the President on matters related to science and technology policy.

National Aeronautics and Space Administration

The National Aeronautics and Space Administration (NASA) was created by the National Aeronautics and Space Act of 1958 (P.L. 85-568) to conduct civilian space and aeronautics activities. It has four mission directorates. The Human Exploration and Operations Mission Directorate is responsible for human spaceflight activities, including the International Space Station and development efforts for future crewed spacecraft. The Science Mission Directorate manages robotic science missions, such as the Hubble Space Telescope, the Mars rover Curiosity, and satellites for Earth science research. The Space Technology Mission Directorate develops new technologies for use in future space missions, such as advanced propulsion and laser communications. The Aeronautics Research Mission Directorate conducts research and development on aircraft and aviation systems. In addition, NASA's Office of Education manages formal and informal education programs for schoolchildren, college and university students, and the general public.

National Science Foundation

The National Science Foundation (NSF) supports basic research and education in the nonmedical sciences and engineering. Congress established the foundation as an independent federal agency in 1950 "to promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense; and for other purposes." The NSF is a primary source of federal support for U.S. university research. It also is responsible for significant shares of the federal science, technology, engineering, and mathematics (STEM) education program portfolio and federal STEM student aid and support.

Related Agencies

The annual CJS appropriations act includes funding for several related agencies: the U.S. Commission on Civil Rights, the Equal Employment Opportunity Commission, the International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Office of the U.S. Trade Representative, and the State Justice Institute.

FY2016 and FY2017 Appropriations for CJS

FY2016 Appropriations

On December 18, 2015, President Obama signed into law the Consolidated Appropriations Act, 2016 ( P.L. 114-113 ). Division B of the act (the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016) provided $66.000 billion for CJS, which included $9.246 billion for the Department of Commerce, $29.090 billion for DOJ, $26.754 billion for the science agencies, and $910 million for the related agencies.

The Obama Administration's FY2017 Request

For FY2017, the Obama Administration requested a total of $67.573 billion for CJS, which included $66.410 billion in discretionary funding and $1.163 billion in new mandatory funding. The Administration's FY2017 budget proposal included $9.728 billion for the Department of Commerce, $29.828 billion for DOJ, $26.995 billion for the science agencies, and $1.022 billion for the related agencies. The request also included $1.163 billion in new mandatory funding for NASA and NSF (see Table 1 ). The proposal was an attempt to fund what the Obama Administration believed to be critical investments in science while adhering to existing budget caps on discretionary spending. The Obama Administration's FY2017 request included the following:

A $248 million (22.6%) increase for the Census Bureau's Periodic Censuses and Programs account to help the agency prepare to conduct the 2020 census. An $11 million (28.7%) increase for the NTIA for, among other things, efforts to make more spectrum available for wireless broadband. A $40 million (21.9%) increase for the NIST's Industrial Technology Services account to support efforts to enhance the competitiveness of U.S. manufacturers and develop a manufacturing research infrastructure to solve industry-relevant problems. A $27 million (85.7%) increase for DOJ's Justice Information Sharing account to support increased cybersecurity efforts. A $704 million (8.0%) increase for the FBI, which is largely the result of a proposed $475 million increase in the FBI's Construction account to build a new headquarters. A $179 million (2.4%) reduction for the BOP, which is the result of a proposed $417 million (78.7%) reduction in the BOP's Construction account. The Administration proposed a 3.4% increase for BOP's Salaries and Expenses account. A transfer $326 million from the CVF to the OVW. A $74 million (34.9%) increase for the COPS account. A proposal for $763 million in mandatory funding for NASA. The Administration's request was $260 million (1.3%) below the FY2016 NASA appropriation with the mandatory funding and $1.023 billion (5.3%) below the FY2016 level without the mandatory funding. A proposal for $400 million in mandatory funding for the NSF. The Administration's request was $501 million (6.7%) greater than the FY2016 NSF appropriation with the mandatory funding and $101 million (1.3%) greater without the mandatory funding. A $90 million (23.4%) increase in funding for the Legal Services Corporation.

The Senate Committee-Reported FY2017 CJS Appropriations Bill

On April 21, 2016, the Senate Committee on Appropriations reported their FY2017 CJS appropriations bill ( S. 2837 ). The bill would have provided a total of $66.309 billion for CJS, an amount that was 0.5% greater than the FY2016 appropriation, but 0.2% less than the Obama Administration's request (excluding the requested $1.163 billion in mandatory funding). The Senate committee-reported bill included $9.316 billion for the Department of Commerce, $29.246 billion for the DOJ, $26.821 billion for the science agencies, and $925 million for the related agencies. Notably, the Senate Committee on Appropriations did not accept the Obama Administration's request to provide a total of $1.163 billion in new mandatory funding for NASA and NSF. The Senate Committee on Appropriations did not accept the Obama Administration's proposal to increase funding for many CJS accounts, instead proposing funding for many CJS accounts at or near the FY2016-enacted level. S. 2837 included the following:

A $148 million (10.8%) increase in funding for the Census Bureau compared to the FY2016-enacted appropriation. The entire increase in the Census Bureau's funding was for the Periodic Censuses and Programs account. The committee did not accept the Obama Administration's proposal to decrease funding for NIST's Construction of Research Facilities account. Instead, the Senate Committee on Appropriations recommended funding the account at the FY2016-enacted level ($119 million). The committee also did not accept the Obama Administration's near-doubling of NIST funding for the National Network for Manufacturing Innovation (NNMI), recommending the FY2016-enacted level ($25 million). A $525 million (169.9%) increase in the FBI's Construction account. The proposed increase was to help the FBI plan and build a new headquarters in the National Capital Region. A transfer of $379 million from the Crime Victims Fund to the Office on Violence Against Women. The committee proposed reducing funding for the State and Local Law Enforcement Assistance account by $225 million (16.0%). However, the recommended amount was $86 million (7.8%) more than the Obama Administration's request. A $21 million (0.1%) increase for NASA. A $46 million (0.6%) increase for NSF.

The House Committee-Reported FY2017 CJS Appropriations Bill

On June 7, 2016, the House Committee on Appropriations reported its FY2017 CJS appropriations bill ( H.R. 5393 ). The House committee-reported bill would have provided a total of $66.296 billion for CJS, an amount that was 0.4% greater than the FY2016 appropriation, but 1.9% less than the Obama Administration's request (excluding the new mandatory funding). H.R. 5393 included $9.051 billion for the Department of Commerce, $29.437 billion for the Department of Justice, $26.920 billion for the science agencies, and $887 million for the related agencies. Like S. 2837 , the House committee-reported bill did not include the $1.163 billion in new mandatory funding for NASA and NSF the Obama Administration requested. The House Committee on Appropriations also largely declined the Administration's proposal to increase funding for many CJS accounts, with a few notable exceptions. The House bill included the following:

A $4 million (1.3%) increase in funding for the Economic Development Administration compared to the FY2016 appropriation. The amount recommended by the House Committee on Appropriations was $6 million (2.3%) more than the Obama Administration's request. The committee proposed reducing funding for NIST by $99 million (10.3%) compared to last fiscal year's appropriation. The funding cuts included a $20 million (12.9%) reduction for the NNMI in the Industrial Technology Services account and a $69 million (58.0%) reduction in the Construction of Research Facilities account. A $100 million (7.3%) increase for the Census Bureau, though the amount would have been $164 million (10.0%) less than the Obama Administration's request. A $185 million (3.2%) decrease for NOAA, which was largely the result of a $183 million (7.6%) reduction in the Procurement, Acquisition, and Construction account. No supplemental funding for the Office on Violence Against Women with a transfer of funds from the Crime Victims Fund. The committee-reported bill included increases of $43 million (1.6%) for the U.S. Marshals, $279 million (3.2%) for the FBI, $23 million (1.1%) for the DEA, and $18 million (1.4%) for the ATF. $299 million for the COPS account, an amount that is $87 million (41.0%) greater than the FY2016-enacted appropriation and $13 million (4.5%) greater than the Administration's request. The House Committee on Appropriations recommended a $223 million (1.2%) increase for NASA compared to the FY2016-enacted appropriation. A reduction of $57 million (0.8%) for NSF, including a $113 million reduction in the Major Research Equipment and Facilities Construction account. The House Committee on Appropriations recommended $65 million for the Office of the U.S. Trade Representative, an $11 million (19.3%) increase over the FY2016 appropriation. Approximately one-fourth of the appropriation ($15 million) would come from the Trade Enforcement Trust Fund.

In addition to these funding changes, the House Committee on Appropriations funded the Executive Office of Immigration Review (EOIR) and the Office of the Pardon Attorney (OPA) through separate accounts. For FY2016, funding for EOIR and OPA came from the Administrative Review and Appeals account.

The Consolidated Appropriations Act, 2017

The Consolidated Appropriations Act, 2017 ( P.L. 115-31 ) provides a total of $66.360 billion for CJS. This amount includes $109 million in emergency funding provided under the NASA Construction and Environmental Compliance and Restoration account for repairs at NASA-owned facilities that were damaged during recent natural disasters. The total appropriation includes $9.237 billion for the Department of Commerce, $28.962 billion for the Department of Justice, $27.240 billion for the science agencies, and $921 million for the related agencies. The total appropriation for CJS was mostly in line with the Obama Administration's request and the amounts recommended by the House and Senate appropriations committees. The FY2017 appropriation is 0.5% greater than the FY2016 appropriation. The act includes the following:

Congress did not accept the Obama Administration's proposal to provide new mandatory funding for NASA and NSF. An $8 million (19.0%) reduction in funding for the National Telecommunications and Information Administration. Congress provided a $15 million (5.7%) increase in the Economic Development Administration's funding. The entire increase in funding was for economic development assistance programs. Congress did not accept the Obama Administration's proposal to nearly double funding for the National Network for Manufacturing Innovation under NIST. A $100 million (7.3%) overall increase in funding for the Census Bureau, which is all for the Periodic Censuses and Programs account. However, the FY2017 appropriation is $164 million (10.0%) and $148 million (11.0%), respectively, less than what the Obama Administration requested. A $90 million (1.6%) reduction in funding for NOAA, which is largely the result of a $158 million (6.6%) reduction in funding for the Procurement, Acquisition, and Construction account. Congress provided a $277 million (3.3%) increase for the FBI's Salaries and Expenses account. However, Congress declined to fully fund the Obama Administration's request for additional funding under the FBI's Construction account. The Obama Administration requested $646 million under the Construction account to cover costs related to the construction of a new FBI headquarters. Congress provided $323 million for this purpose. Congress provided a total of $482 million for the Office on Violence Against Women account, $326 million of which is derived from a transfer from the Crime Victims Fund. Congress decreased funding for the State and Local Law Enforcement Assistance account by $128 million (9.1%). However, the FY2017 appropriation is $183 million (16.6%) greater than the Obama Administration's request. NASA received a $477 million (2.5%) increase in funding (a $368 million (1.9%) increase excluding the emergency funding for facility repairs due to natural disasters). The FY2017 total includes a $178 million (3.1%) increase in the Science account, a $20 million (3.1%) increase in the Aeronautics accounts, and a $294 million (7.3%) increase in the Exploration account. Congress provided a $9 million (0.1%) increase in funding for NSF. This increase is to the Major Research Equipment and Facilities Construction account, which received $9 million more than the FY2016-enacted appropriation. Congress provided a $8 million (13.8%) increase in funding for the Office of the U.S. Trade Representative. Of the $62 million appropriated for FY2017, $15 million is from the Trade Enforcement Trust Fund.

In addition to these funding changes, for FY2017, Congress changed the Administrative Review and Appeals account under DOJ to the Executive Office for Immigration Review account. The Executive Office for Immigration Review was traditionally funded through the Administrative Review and Appeals account, along with the Office of the Pardon Attorney. Funding for the Pardon Attorney was moved to the General Legal Activities account.

Table 1 outlines the FY2016-enacted appropriations, the Administration's FY2017 request, the Senate and the House committee-reported, and the FY2017-enacted amounts for the Departments of Commerce and Justice, the science agencies, and the related agencies.

Historical Funding for CJS

Figure 1 shows the total appropriations, in both nominal and inflation-adjusted dollars, for CJS for FY2007-FY2016 (more detailed historical appropriations data can be found in Table 2 ). The data show that nominal appropriations for CJS increased between FY2007 and FY2010. Appropriations for CJS peaked in FY2009 at $76.782 billion if emergency supplemental appropriations from the American Recovery and Reinvestment Act of 2009 (ARRA; P.L. 111-5 ) are included. If ARRA funding is not considered, appropriations peaked in FY2010 at $69.146 billion. ARRA provided a substantial increase in appropriations for FY2009. The $15.992 billion Congress appropriated for CJS under ARRA was equal to approximately 25% of the amount Congress provided for CJS through regular appropriations.

Appropriations for CJS decreased from FY2010 to FY2013. Nominal appropriations for CJS were relatively flat in FY2014 and FY2015, though appropriations in both FY2014 and FY2015 were higher than they were in FY2013. If not for sequestration, which cut nearly $4 billion out of the total amount Congress appropriated for CJS for FY2013, funding for CJS would have held steady at approximately $61 billion between FY2011 and FY2015. CJS appropriations increased by approximately $4 billion in FY2016, largely due to the fact that Congress increased the discretionary budget cap when it passed, and the President signed, the Bipartisan Budget Act of 2015 ( P.L. 114-74 ).

Figure 2 shows total appropriations for CJS for FY2007-FY2016 by major component (i.e., the Departments of Commerce and Justice, NASA, and the NSF). The data indicate that the increases in CJS appropriations in FY2009 (not including ARRA funding) and FY2010 resulted from Congress appropriating more funding for the Department of Commerce in support of the 2010 decennial census.

Although decreased appropriations for the Department of Commerce mostly explain the overall decrease in CJS appropriations between FY2010 and FY2013 (a 47.4% reduction), cuts in funding for DOJ (-8.7%) and NASA (-9.8%) also contributed to the decrease. However, despite the reductions in funding for DOJ and NASA during these fiscal years, their appropriation in FY2013, even after sequestration, was greater in nominal terms than their appropriation in FY2007. Appropriations for both the Departments of Commerce and Justice and NASA have generally increased in the three fiscal years since FY2013.

Nominal funding for the NSF has, for the most part, steadily increased over the past 10 fiscal years. The NSF's appropriation increased in seven of the ten fiscal years from FY2007 to FY2016. The decrease in the NSF's funding for FY2013 was the result of sequestration. Increased appropriations for the NSF have mostly resulted from Congress increasing funding for the NSF's Research and Related Activities account.