Overview of FY2019 Appropriations for Commerce, Justice, Science, and Related Agencies (CJS)
Released: 2019-03-20T00:00:00

T his report describes actions taken by the Administration and Congress to provide FY2019 appropriations for Commerce, Justice, Science, and Related Agencies (CJS) accounts. It also provides an overview of enacted FY2018 appropriations for agencies and bureaus funded as part of annual CJS appropriations. The second part of this report provides an overview of historical funding trends for CJS.

The dollar amounts in this report reflect only new funding made available at the start of the fiscal year. Therefore, the amounts do not include any rescissions of unobligated or deobligated balances that may be counted as offsets to newly enacted appropriations, nor do they include any scorekeeping adjustments (e.g., the budgetary effects of provisions limiting the availability of the balance in the Crime Victims Fund). In the text of the report, appropriations are rounded to the nearest million. However, percentage changes are calculated using whole, not rounded, numbers, meaning that in some instances there may be small differences between the actual percentage change and the percentage change that would be calculated by using the rounded amounts presented in the report.

Overview of CJS

The annual CJS appropriations act provides funding for the Departments of Commerce and Justice, select 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 Service; 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 "create the conditions for economic growth and opportunity." The department promotes "job creation and economic growth by ensuring fair and reciprocal trade, providing the data necessary to support commerce and constitutional democracy, and fostering innovation by setting standards and conducting foundational research and development." It has wide-ranging responsibilities including, among others, trade, economic development, technology, entrepreneurship and business development, monitoring the environment, forecasting weather, managing marine resources, and statistical research and analysis. The department pursues and implements policies that affect 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.

The agencies within the Department of Commerce, and their major responsibilities, include the following:

International Trade Administration (ITA) seeks to strengthen the international competitiveness of U.S. industry, promote trade and investment, and ensure fair trade and compliance with trade laws and agreements; Bureau of Industry and Security (BIS) works to ensure an effective export control and treaty compliance system and promote continued U.S. leadership in strategic technologies by maintaining and strengthening adaptable, efficient, and effective export controls and treaty compliance systems, along with active leadership and involvement in international export control regimes; Economic Development Administration (EDA) promotes innovation and competitiveness, preparing American regions for growth and success in the worldwide economy; Minority Business Development Agency (MBDA) promotes the growth of minority owned businesses through the mobilization and advancement of public and private sector programs, policy, and research; Economics and Statistics Administration (ESA) is a federal statistical agency that promotes a better understanding of the U.S. economy by providing timely, relevant, and accurate economic accounts data in an objective and cost-effective manner; Census Bureau , a component of ESA, measures and disseminates information about the U.S. economy, society, and institutions, which fosters economic growth, advances scientific understanding, and facilitates informed decisions; National Telecommunications and Information Administration (NTIA) advises the President on communications and information policy; United States Patent and Trademark Office (USPTO) fosters innovation, competitiveness, and economic growth domestically and abroad by providing high-quality and timely examination of patent and trademark applications, guiding domestic and international intellectual property (IP) policy, and delivering IP information and education worldwide; National Institute of Standards and Technology (NIST) promotes U.S. innovation and industrial competitiveness by advancing measurement science, standards, and technology enhancing economic security; and National Oceanic and Atmospheric Administration (NOAA) provides weather forecasts and research, oceanic and atmospheric monitoring, fisheries management and research, ocean exploration, and support of marine commerce.

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 offices and agencies are described below:

Office of the United States Attorneys prosecutes violations of federal criminal laws, represents the federal government in civil actions, and initiates 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 offenders 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 for the investigation of federal drug violations; Drug Enforcement Administration (DEA) investigates federal drug law violations; develops and maintains drug intelligence systems; regulates the manufacture, distribution, and dispensing of legitimate controlled substances; 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; Federal Prison System ( Bureau of Prisons; BOP ) houses offenders sentenced to a term of incarceration for a federal crime and provides for the operation and maintenance of the federal prison system; Office on Violence Against Women (OVW) provides federal leadership in developing the nation's capacity to reduce violence against women and administer justice for and strengthen services to victims of domestic violence, dating 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 the nation's state, local, territorial, and tribal law enforcement agencies through information and grant resources.

Science Offices and Agencies5

The science offices and 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

The primary function of the Office of Science and Technology Policy (OSTP) is to provide the President and others within the Executive Office of the President with advice on the scientific, engineering, and technological aspects of issues that require the attention of the federal 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 cochairs 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.

The National Space Council

The National Space Council, in the Executive Office of the President, is a coordinating body for U.S. space policy. Chaired by the Vice President, it consists of the Secretaries of State, Defense, Commerce, Transportation, and Homeland Security; the Administrator of NASA; and other senior officials. The council previously existed from 1988 to 1993 and was reestablished by the Trump Administration in June 2017.

National Aeronautics and Space Administration

The National Aeronautics and Space Administration (NASA) was created 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 STEM Engagement (formerly the Office of Education) manages 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. The foundation was established as an independent federal agency "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 is also responsible for significant shares of the federal science, technology, engineering, and mathematics (STEM) education program portfolio and federal STEM student aid and support.

Related Agencies

The annual CJS appropriations act includes funding for several related agencies:

U.S. Commission on Civil Rights informs the development of national civil rights policy and enhances enforcement of federal civil rights laws; Equal Employment Opportunity Commission is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information; International Trade Commission investigates the effects of dumped and subsidized imports on domestic industries and conducts global safeguard investigations, adjudicates cases involving imports that allegedly infringe intellectual property rights, and serves as a resource for trade data and other trade policy-related information; Legal Services Corporation is a federally funded nonprofit corporation that provides financial support for civil legal aid to low-income Americans; Marine Mammal Commission works for the conservation of marine mammals by providing science-based oversight of domestic and international policies and actions of federal agencies with a mandate to address human effects on marine mammals and their ecosystems; Office of the U.S. Trade Representative is responsible for developing and coordinating U.S. international trade, commodity, and direct investment policy, and overseeing negotiations with other countries; and State Justice Institute is a federally funded nonprofit corporation that awards grants to improve the quality of justice in state courts and foster innovative, efficient solutions to common issues faced by all courts.

FY2018 Enacted Funding

For FY2018, Congress and the President provided a total of $72.119 billion for CJS. This included $70.921 billion in regular funding provided pursuant to the Consolidated Appropriations Act, 2018 ( P.L. 115-141 , see Table 1 ) and $1.198 billion in emergency-designated funding provided pursuant to the Further Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2018 ( P.L. 115-123 , see Table 2 ). For FY2018, the Department of Commerce received $12.137 billion ($11.137 billion in regular funding and $1.000 billion in supplemental funding), the Department of Justice received $30.384 billion ($30.299 billion in regular funding and $85 million in supplemental funding), the science agencies received $28.609 billion ($28.511 billion in regular funding and $98 million in supplemental funding), and the related agencies received $989 million ($974 million in regular funding and $15 million in supplemental funding).

Comparisons in this report between FY2018 enacted funding and the Administration's FY2019 request, the House and Senate committee-reported FY2019 amounts, and FY2019 enacted funding are based on FY2018 regular funding (i.e., FY2018 enacted funding excluding supplemental appropriations).

The Administration's FY2019 Budget Request

The Administration requested $66.555 billion for CJS for FY2019, which was 6.2% less than FY2018 regular funding. When comparing the Administration's FY2019 request to the FY2018 funding, it should be considered that the Administration formulated its FY2019 budget request before full-year appropriations for FY2018 were enacted. FY2018 funding levels, for the purposes of the Administration's request, were calculated based on FY2017 funding minus a reduction (0.6791%) as extended under a series of continuing resolutions.

The Administration requested the following:

$9.797 billion for the Department of Commerce, which was 12.0% less than FY2018 regular funding; $28.835 billion for the Department of Justice, which was 4.8% less than FY2018 regular funding; $27.372 billion for the science agencies, which was 4.0% less than FY2018 regular funding; and $551 million for the related agencies, which was 43.4% less than FY2018 regular funding.

The Administration's FY2019 budget for CJS proposed eliminating several agencies and programs:

EDA, NIST's Manufacturing Extension Partnership, the Community Relations Service (its functions would have been moved to DOJ's Civil Rights Division), COPS Office (grants managed by the COPS Office would have been moved to OJP), NASA's Education program, and the Legal Services Corporation.

The Administration requested some funding for the EDA and Legal Services Corporation for what would have been an orderly closeout of these agencies had Congress adopted the Administration's proposal.

The Administration's budget also proposed to move funding for the High Intensity Drug Trafficking Areas (HIDTA) program to the DEA. Currently, HIDTA funding is administered by the Office of National Drug Control Policy.

The Administration's requested funding for many CJS accounts was below FY2018 levels; however, there were a handful of exceptions:

the Census Bureau's Periodic Census and Programs account (+$1.007 billion, +39.6%), DOJ's Executive Office of Immigration Review (+$59 million, +11.8%), ATF (+$23 million, +1.8%), BIS (+$7 million, +6.3%), NSF's Agency Operations and Award Management account (+$5 million, +1.6%), ESA (+$2 million, +2.0%), and the State Justice Institute (+$2 million, +35.1%).

The Administration also proposed a new account structure for NASA, with three new accounts: Exploration Research and Technology, Deep Space Exploration Systems, and low Earth orbit (LEO) and Spaceflight Operations. The proposed Exploration Research and Technology account would have combined the Space Technology account with some elements of the Exploration account and the proposed Deep Space Exploration Systems account would have been the Exploration account minus the elements moved to the Exploration Research and Technology account. LEO and Spaceflight Operations would essentially have been a renaming of the Space Operations account.

The House Committee-Reported Bill (H.R. 5952)

The House committee-reported bill ( H.R. 5952 ) would have provided a total of $73.923 billion for CJS for FY2019, an amount that was 4.2% greater than regular FY2018 funding and 11.1% greater than the Administration's request. The House Committee on Appropriations recommended the following:

$12.106 billion for the Department of Commerce, which was 8.7% greater than regular FY2018 funding and 23.6% greater than the Administration's request; $31.113 billion for the Department of Justice, which was 2.7% greater than regular FY2018 funding and 7.9% greater than the Administration's request; $29.728 billion for the science agencies, which was 4.3% greater than regular FY2018 funding and 8.6% greater than the Administration's request; and $976 million for the related agencies, which was 0.2% greater than regular FY2018 funding and 77.1% greater than the Administration's request.

The committee-reported bill would have increased funding for most CJS accounts compared to regular FY2018 funding. Some of the exceptions included the following:

ITA (-$2 million, -0.4%); NIST's Scientific and Technical Research and Services account (-$5 million, -0.6%); NIST's Industrial Technology Services account (-$10 million, -6.5%); NIST's Construction of Research Facilities account (-$199 million, -62.4%); NOAA's Operations, Research, and Facilities account (-$63 million, -1.8%); NOAA's Procurement, Acquisition, and Construction account (-$683 million, -29.8%); U.S. Marshals' Construction account (-$28 million, -53.2%); FBI's Construction account (-$305 million, -82.4%); BOP's Buildings and Facilities account (-$12 million, -7.2%); Juvenile Justice Programs (-$71 million, -25.0%); and NASA's Education account (-$10 million, -10.0%).

In general, the committee-reported bill would have funded CJS accounts at or above the Administration's request, but there were a few exceptions:

BIS (-$7 million, -5.9%); NOAA's Procurement, Acquisition, and Construction account (-$15 million, -0.9%); DOJ's General Administration Salaries and Expenses (-$12 million, -10.3%); Juvenile Justice Programs (-$18 million, -7.6%); NASA's Operations Research and Technology account (-$103 million, -10.2%); and the State Justice Institute (-$1 million, -15.9%).

The House Committee on Appropriations did not adopt most of the Administration's proposals. The committee did not eliminate funding for EDA, NIST's Manufacturing Extension Partnership, the Community Relations Service, NASA's Education program, and the Legal Services Corporation. With the exception of NASA's Education program, the committee-reported bill would have funded these agencies and programs at a level equal to FY2018 regular funding. Additionally, the committee-reported bill did not provide funding for the HIDTA program under the DEA. However, the committee adopted two of the Administration's proposals. Funding for the COPS program would have been moved to OJP under H.R. 5952 . Also, the committee-reported bill included the Administration's proposed account structure for NASA.

The Senate Committee-Reported Bill (S. 3072)

The Senate committee-reported bill ( S. 3072 ) would have provided a total of $72.648 billion for CJS for FY2019, an amount that was 2.4% more than regular FY2018 funding and 9.2% more than the Administration's request. The Senate committee-reported bill would have provided the following:

$11.572 billion for the Department of Commerce, which was 3.9% more than regular FY2018 funding and 18.1% more than the Administration's request; $30.699 billion for the Department of Justice, which was 1.3% more than regular FY2018 funding and 6.5% more than the Administration's request; $29.400 billion for the science agencies, which was 3.1% more than regular FY2018 funding and 7.4% more than the Administration's request; and $977 million for the related agencies, which was 0.4% more than regular FY2018 funding and 77.3% more than the Administration's request.

In general, the Senate Committee on Appropriations recommended funding many CJS accounts at or above the regular FY2018 funding amount. A few notable exceptions included the following:

NIST's Construction of Research Facilities account (-$161 million, -50.5%); NOAA's Procurement, Acquisition, and Construction account (-$484 million, -21.1%); U.S. Marshals' Construction account (-$18 million, -34.5%); DOJ's Interagency Law Enforcement account (-$21 million, -3.9%); NASA's Space Operations account (-$112 million, -2.4%); NASA's Safety, Security, and Mission Services account (-$77 million, -2.7%); and NASA's Construction and Environmental Compliance and Restoration account (-$174 million, -31.0%).

The Senate committee-reported bill would have funded nearly every CJS account at or above the level requested by the Administration. The Senate Committee on Appropriations also declined to adopt many of the proposals the Administration put forth in its FY2019 budget. Unlike the House committee-reported bill, S. 3072 would have funded the COPS program through its own account and the committee did not include the Administration's new account structure for NASA. The committee did propose changing the name of NASA's Education account to "Science, Technology, Engineering, and Mathematics Opportunities." The Senate bill would have also funded the Office on Violence Against Women via a transfer from the Crime Victims Fund.

FY2019 Enacted Funding

On February 15, 2019, President Trump signed into law the Consolidated Appropriations Act, 2019 ( P.L. 116-6 ), which includes $72.908 billion for CJS. The FY2019 enacted amount is 2.8% more than regular FY2018 funding and 9.5% more than the Administration's request. The act includes the following:

$11.414 billion for the Department of Commerce, which is 2.5% more than regular FY2018 funding and 16.5% more than the Administration's request; $30.934 billion for the Department of Justice, which is 2.1% more than regular FY2018 funding and 7.3% more than the Administration's request; $29.583 billion for the science agencies, which is 3.8% more than regular FY2018 funding and 8.1% more than the Administration's request; and $977 million for the related agencies, which is 0.3% more than regular FY2018 funding and 77.3% more than the Administration's request.

FY2019 enacted funding is generally in-line with regular FY2018 funding and higher than the Administration's request. Some notable increases in FY2019 enacted funding compared to regular FY2018 funding include the following:

Census Bureau's Periodic Censuses and Programs account (+$1.007 billion, +39.6%), Executive Office of Immigration Review (+$59 million, +11.8%), U.S. Attorneys (+$75 million, +3.5%), U.S. Marshals' Salaries and Expenses account (+$47 million, +3.5%), FBI's Salaries and Expenses account (+$162 million, +1.8%), DEA's Salaries and Expenses account (+$77 million, +3.5%), BOP's Salaries and Expenses account (+$136 million, +1.9%), BOP's Buildings and Facilities account (+$102 million, 63.4%), NASA's Science account (+$684 million, +11.0%), NASA's Space Technology account (+$167 million, +22.0%), NASA's Exploration account (+$261 million, +5.4%), NSF's Research and Related Activities account (+$186 million, +2.9%), and NSF's Major Research Equipment and Facilities Construction account (+$113 million, +61.8%).

There were also a few notable decreases in FY2019 enacted funding compared to regular FY2018 funding:

NIST's Construction of Research Facilities account (-$213 million, -66.8%); NOAA's Procurement, Acquisition, and Construction account (-$535 million, -23.4%); U.S. Marshals' Construction account (-$38 million, -71.9%); NASA's Space Operations account (-$112 million, -2.4%); and NASA's Construction and Environmental Compliance and Restoration account (-$214 million, -38.1%).

Congress largely declined to adopt the Administration's proposals for CJS. Congress did not adopt the Administration's proposed account structure for NASA (though Congress changed the name of NASA's Education account to the "Science, Technology, Engineering, and Mathematics Engagement" account), it did not move funding for the HIDTA program to the DEA, and it did not move COPS funding to OJP. Congress also provided funding for the EDA, NIST's Manufacturing Extension Partnership, DOJ's Community Relations Service, and the Legal Services Corporation, all of which the Administration proposed eliminating.

Table 1 outlines the FY2018 funding, the Administration's FY2019 request, the House and the Senate committee-reported amounts, and FY2019 funding for the Department of Commerce, the Department of Justice, the science agencies, and the related agencies. Table 2 provides information on FY2018 supplemental funding for CJS.

Historical Funding for CJS

Figure 1 shows the total CJS funding for FY2009-FY2018, in both nominal and inflation-adjusted dollars (more-detailed historical appropriations data can be found in Table 3 ). The data show that nominal funding for CJS reached a new 10-year high in FY2018, if emergency supplemental funding from the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5 ) is not counted. Otherwise, peak funding for CJS over the past 10 fiscal years was in FY2009 when ARRA provided a substantial increase in funding. The $15.992 billion in funding for CJS under ARRA added approximately 25% to the amount Congress and the President provided for CJS through the regular appropriation process that year. While regular nominal funding over the past 10 fiscal years was at its highest in FY2018, in inflation-adjusted terms, funding for FY2018 was lower than it was in FY2010.

Increased funding for CJS coincides with the increase to the discretionary budget caps under the Budget Control Act of 2011 (BCA, P.L. 112-25 ). The BCA put into effect statutory limits on discretionary spending for FY2012-FY2021. Under the act, discretionary spending limits were scheduled to be adjusted downward each fiscal year until FY2021. However, legislation was enacted that increased discretionary spending caps for FY2014 to FY2018. A sequestration of discretionary funding, ordered pursuant to the BCA, cut nearly $4 billion out of the total amount Congress and the President provided for CJS for FY2013. Since then, funding for CJS has increased as more discretionary funding has been allowed under the BCA.

Figure 2 shows total CJS funding for FY2009-FY2018 by major component (i.e., the Departments of Commerce and Justice, NASA, and the NSF). Increases in CJS funding in FY2009 (not including ARRA funding) and FY2010 largely resulted from more funding for the Department of Commerce in support of the 2010 decennial census, though there were small increases during that same time in funding for DOJ, NASA, and NSF.

Although decreased appropriations for the Department of Commerce mostly explain the overall decrease in CJS appropriations from FY2010 to FY2013 (a 47.4% reduction), cuts in funding for DOJ (-8.7%) and NASA (-9.8%) also contributed. Funding for NSF held relatively steady from FY2010 to FY2013.

Overall CJS funding has increased since FY2014, and this is partially explained by more funding for the Department of Commerce to help the Census Bureau prepare for the 2020 decennial census. However, over this time period there have also been steady increases in funding for DOJ (+9.5%), NASA (+18.0%), and NSF (+8.5%), as higher discretionary spending caps have been used to provide additional funding to these agencies. Also, the increase in funding for the Department of Commerce is not solely due to more funding for the Census Bureau. Funding has increased for other agencies within the department, such as NOAA (+18.7%) and NIST (+$41.0%).