Appropriations for FY2003: Commerce, Justice, and State, the Judiciary, and Related Agencies

Report for Congress
Appropriations for FY2003:
Commerce, Justice, and State,
the Judiciary, and Related Agencies
Updated April 29, 2003
Susan B. Epstein, Coordinator
Specialist in Foreign Policy and Trade
Foreign Affairs, Defense, and Trade Division


Congressional Research Service ˜ The Library of Congress

Appropriations are one part of a complex federal budget process that includes budget
resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and
budget reconciliation bills. The process begins with the President’s budget request and is
bound by the rules of the House and Senate, the Congressional Budget and Impoundment
Control Act of 1974 (as amended), the Budget Enforcement Act of 1990, and current
program authorizations.
This report is a guide to one of the 13 regular appropriations bills that Congress considers
each year. It is designed to supplement information provided by the House and Senate
Commerce, Justice, State Appropriations Subcommittees. It summarizes the current
legislative status of the bill, its scope, major issues, funding levels, and related legislative
activity. The report lists the key CRS staff relevant to the issues covered and related CRS
products.
This report is updated as soon as possible after major legislative developments, especially
following legislative action in the committees and on the floor of the House and Senate.
NOTE: A Web version of this document with active links is
available to congressional staff at:
[http://www.crs.gov/ products/ appropri ati ons/ apppage.shtml ].



Appropriations for FY2003: Commerce, Justice, and
State, the Judiciary, and Related Agencies
Summary
The Commerce, Justice, and State, the Judiciary, and other related agencies
(often referred to as CJS) appropriations for FY2003 were completed by Congress
and signed (P.L. 108-7) by the President on February 20, 2003, five months into the
budget year. The enacted CJS appropriation provides $44,773.7 million in new
budget authority (before applying an across-the-board rescission of 0.65%).
President Bush sent the FY2003 budget request to Congress on February 4, 2002
seeking a total budget authority level for CJS appropriations of $44,019.0 million —
a mandatory level of $649.3 million and a discretionary level of $43,369.7 million.
The major components of the Administration’s FY2003 CJS request included:
Department of Justice — $22,800.3 million; Department of Commerce — $5,638.5
million; the Judiciary — $5,241.6 million; and Department of State — $8,139.2
million. The 107th Congress Senate Appropriations Committee reported out its CJS
appropriations bill (S. 2778; S.Rept. 107-218) July 24, 2002. No House CJS bill was
introduced by the 107th Congress. Congress passed a series of continuing resolutions
keeping the government running through February 20, 2003.
In the 108th Congress, the Senate passed an omnibus budget bill (H.J.Res. 2) on
January 23, 2003. It set CJS totals at $44,939.6 million. Congressman Frank Wolf,
Chairman of the House Appropriations Subcommittee on Commerce, Justice, State,
introduced a CJS bill (H.R. 247) on January 8, 2003, to provide a House version of
funding for the conference. No other action occurred on that bill. Its CJS totals were
$44,352.9 million. Following are some key CJS issues for the FY2003 budget:
Department of Justice. The FY2003 request was $22.8 billion, nearly $1
million below the FY2002 enacted level. The total enacted level, before an across-
the-board rescission, is $23,988.3 million.
Department of Commerce. The FY2003 request was $5,638.5 million, almost
3% below the FY2002 funding level. The decline was largely due to reduced funding
for science and technology. The enacted level, before rescissions, is $5,774.8 million.
The Judiciary. The FY2003 request emphasized court security, an increase in
hourly pay to court-appointed attorneys representing indigent defendants in federal
criminal cases, and cost-of-living salary increases for judges and justices.
Department of State and broadcasting. The FY2003 request was more than
$8,139.2 million, similar to the FY2002 enacted level, including supplementals. The
Department stressed its three top priorities from the previous year: additional hiring;
embassy security; and technology improvements worldwide. The enacted FY2003
level is $7,900.7 million, before applying the rescissions.



Key Policy Staff
CRS
Area of ExpertiseName DivisionTelephone and E-Mail
Department of State and Int’lSusan EpsteinFDT7-6678
Broadcasting sepstein@crs.loc.gov
Department of CommerceBen CanadaG&F7-0632
bcanada@crs.loc.gov
Judiciary, FCC, and State JusticeSteve RutkusG&F7-7162
Institute srutkus@crs.loc.gov
Department of JusticeBill KrouseDSP7-2225
wkrouse@crs.loc.gov
NIST-Technology ProgramsWendy H. SchachtRSI7-7066
ws chacht@crs.loc.gov
TelecommunicationsGlenn McLoughlinRSI7-7073
gmcloughlin@c rs.loc.gov
NOAAWayne MorrisseyRSI7-7072
wmorrissey@crs.loc.gov
Equal Employment OpportunityLinda LevineDSP7-7756
llevi ne@crs.loc.gov
Legal Services CorporationCarmen Solomon-FearsDSP7-7306
csolomonfears@crs.loc.gov
EDA, SBA, and FTCBruce MulockG&F7-7775
bmulock@crs.loc.gov
Maritime IndustryJohn FrittelliRSI7-7033
j frittelli@crs.loc.gov
Trade agenciesIan FergussonFDT7-4997
ifergusson@crs.loc.gov
Bureau of the CensusJennifer D. WilliamsG&F7-8640
j williams @crs.loc.gov
Patent & Trademark OfficeWendy H. SchachtRSI7-7066
ws chacht@crs.loc.gov
Commerce Dept, Science andLennard G. KrugerRSI7-7070
Technology-related agencieslkruger@crs.loc.gov
Immigration & NaturalizationLisa SeghettiDSP7-4669
Service (INS)lseghetti@crs.loc.gov
SECMark JicklingG&F7-7784
mj ickling@crs.loc.gov
Technical CoordinatorMarietta SharpersonRSI7-7726
ms harperson@crs.loc.gov
Division abbreviations: ALD = American Law Division; G&F = Government and Finance Division; RSI =
Resources, Science, and Industry Division, DSP = Domestic Social Policy Division; FDT = Foreign Affairs,
Defense, and Trade Division.



Contents
Key Policy Staff...................................................4
Most Recent Developments..........................................1
Overview ........................................................1
FY2002 Supplemental..........................................2
Recent-Year Funding Trends.....................................2
FY2003 Appropriation..........................................3
Brief Survey of Key Issues.......................................3
Government Performance Results Act (GPRA) Requirements...........6
Legislative Status..............................................6
Department of Justice..............................................6
Background ..................................................6
FY2003 Funding..............................................8
FY2003 Budget Request and Authorization.....................8
Department of Justice Accounts..............................9
Related Legislation...........................................18
Additional Reading...........................................18
Department of Commerce..........................................19
Background .................................................19
FY2003 Funding Issues........................................21
Related Legislation...........................................31
Additional Reading...........................................31
The Judiciary....................................................32
Background .................................................32
FY2003 Funding Issues........................................33
Related Legislation...........................................38
Additional Reading...........................................39
Department of State and International Broadcasting......................40
Background .................................................40
FY2003 Funding Issues........................................41
Related Legislation...........................................45
Additional Reading...........................................45
Other Related Agencies............................................46
Background and Current Issues..................................46
Maritime Administration (MARAD)..........................46
The Small Business Administration (SBA).....................47
Legal Services Corporation (LSC)............................47
Equal Employment Opportunity Commission (EEOC)............48
Commission on Civil Rights................................49
Federal Communications Commission (FCC)...................49
Federal Maritime Commission (FMC)........................49



Securities and Exchange Commission (SEC)...................50
The State Justice Institute (SJI)..............................50
Office of the U.S. Trade Representative (USTR)................51
U.S. International Trade Commission (ITC)....................51
U.S. Commission on International Religious Freedom............51
Related Legislation...........................................53
Appendix. Appropriations Funding for Departments of Commerce, Justice,
State, the Judiciary, and Related Agencies — FY2001, FY2002,
and the FY2003 Request.......................................55
List of Tables
Table 1. Funding Trends for Departments of Commerce, Justice, and State,
and the Judiciary..............................................3
Table 2. Departments of Commerce, Justice, and State, and the
Judiciary Appropriations........................................3
Table 3. Status of CJS Appropriations, FY2003..........................6



Appropriations for FY2003:
Commerce, Justice, State, the Judiciary,
and Related Agencies
Most Recent Developments
Congress passed the conference report (H.Rept. 108-10) for H.J.Res. 2, the
omnibus funding bill, on February 12, 2003. The President signed it into law
February 20, 2003 — 5 months into the budget year. The consolidated funding
package included a 0.65% across-the-board rescission. The Senate had passed itsrd
omnibus appropriation on January 23. Although the House never passed a CJS
appropriation for FY2003, on January 8th Congressman Frank Wolf, Chairman of the
House Appropriations Subcommittee on Commerce, Justice, State, introduced H.R.
247 as a point of reference for CJS accounts during the conference on the omnibus
appropriation package.
Overview
The Administration’s Commerce, Justice, State and Related Agencies (CJS)
request for FY2003 totaled $44,019 million. The 107th Congress did not complete
CJS FY2003 appropriations, but passed numerous continuing resolutions authorizing
short-term funding into the 108th congressional term.
The 108th Congress passed the consolidated appropriation package (H.J.Res. 2;
H.Rept. 108-10), which included 11 out of the 13 appropriations. Signed into law
(P.L. 108-7) on February 20, 2003, it contains $44,773.7 million for Commerce,
Justice, State, Judiciary and Related Agencies. This number and others in this report
do not reflect the 0.65% across-the-board rescission which was also in the
consolidated funding.
The Senate passed an omnibus spending package which included the CJS
appropriations. The total CJS Senate level amounted to $44,939.6 million. The
House bill (H.R. 247) set total CJS appropriations at $44,352.9 million. Neither
House nor Senate numbers included rescissions.
For FY2002 and after the September 11th terrorist attacks, Congress
reconsidered funding allocations in the conference of H.R. 2500 to bolster counter-
terrorism activities within each agency’s title in the bill. Congress enacted its
FY2002 CJS appropriation (P.L. 107-77) totaling $41,706.6 million for FY2002
($44,601.9 million including supplementals — P.L. 107-38, P.L. 107-117).



FY2002 Supplemental
In addition to the President’s regular FY2003 budget request, the Administration
submitted an FY2002 supplemental funding request on March 21, 2002. Out of the
total $28.4 billion supplemental request, $427.7 million was for agencies within the
CJS appropriation bill. The House passed $753.6 million; the Senate passed
$1,280.2 million for the CJS supplemental funds. The final supplemental for CJS-
related agencies, which was signed on August 2, 2002 (P.L. 107-206), totaled about
$900 million, some of which was designated as contingent emergency funds. (For
more detail, see CRS report RL31406, Supplemental Appropriations for FY2002:
Combating Terrorism and Other Issues, by Amy Belasco and Larry Nowels.)
Recent-Year Funding Trends
On November 14, 2001, Congress approved total FY2002 CJS funding of $41.6th
billion. The President signed this measure into law on November 28. Although the
CJS funding legislation was at the conference stage on September 11th, Congress
scrutinized security and anti-terrorism funding at the conference level and reallocated
funding because of the terrorist attacks. In addition, the FY2002 budget levels for
the Departments of Commerce, Justice, State and the Judiciary include the
emergency supplemental funding passed by Congress September 18, 2001.
The table below shows funding trends for the major agencies included in CJS
appropriations over the period FY1998-FY2002, including supplemental
appropriations. As seen in the table below, funding increased, in current dollars, for
the Department of Justice by $2,658 million (12.6%); for the Department of
Commerce by $651 million (12.6%); for the Judiciary by $465 million (10.9%); and
for the Department of State by $1,049 million (15.9%). Every agency except the
Department of Commerce has seen a continual increase in funds between FY1998
and FY2002. The Department of Commerce budget generally increased over these
years, with a greater than $3.5 billion increase in FY2000, largely due to funding the
cost of the 2000 decennial census. Its FY2001 level is comparable to its pre-census
level. The Department of State had a significant increase in its funding level every
year from FY1999 to FY2002, reflecting the increase in costs associated with the
FY1999 reorganization and terrorism. Of the four primary agencies within the CJS
appropriations, the Department of Justice received the greatest nominal increase of
$5,943 million from FY1998 to FY2002. The Department of State funding change
since FY1998 shows the greatest percent increase of 89.5%; the Justice budget grew
by 33.4%, Commerce by 36.5%, and the Judiciary by 36.3%. Much of the State
Department increase has been attributable to increases in embassy security funding
and improvements in technology and staffing, along with the consolidation of the
U.S. Information Agency (USIA) and the Arms Control and Disarmament Agency
(ACDA) into the Department of State in 1999.



Table 1. Funding Trends for Departments of Commerce,
Justice, and State, and the Judiciary
(in millions of current dollars)
Department or AgencyFY1998FY1999FY2000FY2001FY2002
J ustice 17,764 18,207 18,647 21,049 23,707
Comme rce 4,251 5,098 8,649 5,153 5,804
J udiciary 3,464 3,652 3,959 4,255 4,720
State 4,0374,3595,8806,6017,650
Sources: Funding totals provided by Budget Offices of CJS and Judiciary agencies, and U.S. House
of Representatives, Committee on Appropriations.
FY2003 Appropriation
President Bush’s FY2003 budget request for new budget authority totaled
$44,019 million for Commerce, Justice, State, Judiciary, and Related Agency
mandatory and discretionary spending, slightly above the FY2002 enacted level
including the enacted supplementals. Table 2 presents appropriations for the four
major agencies within the CJS appropriation bill.
Table 2. Departments of Commerce, Justice, and State, and the
Judiciary Appropriations
(in millions of dollars)
Department orFY2002FY2003HouseBill SenateBillFY2003
AgencyEnactedRequestH.R. 247H.J.Res. 2Enacted
Justice23,20222,80023,840 24,206 23,988
Commerce5,8055,6395,257 5,918 5,775
Judiciary4,7205,242 4,9714,951 4,917
State7,6507,6327,414 7,210 7,394
Note: Figures for FY2002 enacted include supplemental appropriations. This table does not include
funds for related agencies in the CJS legislation.
Sources: House Appropriations Committee and the Congressional Record on February 14, 2003
(H572-H587).
Brief Survey of Key Issues
In addition to heightened interest in counter-terrorism and security-relatedth
activities since the September 11 attacks, some other contentious issues and
proposals that surfaced in the FY2003 CJS appropriations debate include:
!Restructuring the Federal Bureau of Investigation to improve
counter terrorism, intelligence collection and analysis, and internal
agency security.



!Restructuring the Immigration and Naturalization Service, by
separating the agency’s services and enforcement functions, to
improve application processing and increase border security.
!Reassessing the Department of Justice’s role in providing domestic
preparedness training and assistance to state and local first
responders, and shifting related programs to the new Department of
Homeland Security.
!Streamlining community policing and crime prevention programs
administered by the Department of Justice’s Office of Justice
Programs.
Other issues or concerns receiving attention included the following:
Department of Justice:
!Reducing firearms-related violence through enforcement of existing
laws.
!Reducing the supply and use of illicit drugs.
!Improving juvenile justice, reducing violence against women, and
providing legal assistance to victims of crime.
!Addressing civil rights violations, including racial profiling and
infringement of voter rights.
!Establishing new efforts and capacities to fight cybercrime.
!More efficiently managing contract detention space.
!Establishing an entry/exit control system to track non-citizens
admitted temporarily to the United States.
Department of Commerce:
!The Administration’s proposal to eliminate National
Telecommunications and Information Administration’s (NTIA’s)
Technology Opportunities Program (TOP), as well as significantly
reduce funding for NTIA’s program to support construction of
public broadcast facilities.
!The extent to which federal funds should be used to support
industrial technology development programs at the National Institute
of Standards and Technology (NIST), particularly the Advanced
Technology Program (ATP) and the Manufacturing Extension
Partnership (MEP).



!The Administration’s proposal to transfer the National Sea Grant
Program from the National Oceanic and Atmospheric
Administration (NOAA) to the National Science Foundation, amid
opposition from state Sea Grant partners and institutions.
!Funding for full implementation of the Census Bureau’s American
Community Survey, with which the Bureau plans to replace the
decennial census long form, and for improved quality and timeliness
of economic statistics collected by the Bureau.
!Increasing funding for the Bureau of Export Administration (to be
renamed the Bureau of Industry and Security) to better enforce U.S.
export regulations, specifically with regard to strategically-sensitive
information.
Department of State:
!Visa issuance policies and the Homeland Security proposals.
!Expanded public diplomacy activities focusing on Muslim/Arab
populations.
!Increased hiring of foreign, civil service, and security experts.
!Improved information/communication technology.
The Judiciary:
!Whether to increase the hourly rate of pay to court-appointed “panel
attorneys” representing indigent defendants in federal criminal cases.
!Whether, as the Judiciary contended, federal judges and justices
should receive a cost-of-living salary increase.
!What extent to provide emergency supplemental funding for court
security.
Other Agencies:
!Adequacy of funding for the Securities and Exchange Commission
(SEC) to investigate corporate fraud.
!Whether to end federal funding for the State Justice Institute.
!Adequacy of funding for the Equal Employment Opportunity
Commission.
!Adequacy of funding for programs of the Small Business
Administration (SBA).



Government Performance Results Act (GPRA) Requirements
As part of the budget process, the Government Performance and Results Act
(GPRA) enacted by Congress in 1993 (P.L.103-62; 107 Stat 285) requires that
agencies develop strategic plans that contain goals, objectives, and performance
measures for all major programs. The GPRA requirements apply to nearly all
executive branch agencies, including independent regulatory commissions, but not
the judicial branch. Brief descriptions of the latest versions of the strategic plans of
the major agencies covered by CJS appropriations are contained in the discussions
of the individual agencies within this report.
Legislative Status
On February 4, 2002, President Bush submitted the FY2003 budget request for
appropriations for the Departments of Commerce, Justice, and State, the Judiciary
and related agencies. The House and Senate CJS Appropriations Subcommittees
held hearings throughout March, April, and May. The Senate Appropriations
Committee reported out S. 2778 on July 24, 2002. No other congressional action
occurred on the CJS appropriation during the 107th Congress. In the 108th Congress,
the Senate passed an omnibus budget package (H.J.Res. 2) which includes the CJS
appropriations. The House funding levels for CJS were contained in H.R. 247 ,which
received no congressional action. The table below shows the key legislative steps
that have occurred for the enactment of FY2003 CJS appropriations thus far.
Table 3. Status of CJS Appropriations, FY2003
bcommittee MarkupHouseHouse PassageSenateSenateConferenceConference Report ApprovalPublic
Report Report Passag e Report LawS enate House S enate
7/24/021/23/03 H.Rept. 2/20/03
1/8/03S.Rept.H.J.Res. 2 108-102/13/03 2/13/03P.L. 108-7
107-218
Department of Justice
Background
Title I of the CJS bill typically covers appropriations for the Department of
Justice (DOJ). Established by an Act of 1870 (28 U.S.C. 501) with the Attorney
General at its head, DOJ provides counsel for citizens and protects them through
effective law enforcement. It represents the federal government in all proceedings,
civil and criminal, before the Supreme Court. And in legal matters generally, the
Department provides legal advice and opinions, upon request, to the President and
executive branch department heads. Notwithstanding the transfer of the Immigration
and Naturalization Service to the Department of Homeland Security and the transfer



of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE)1 to DOJ, the
agencies and major functions funded in the FY2003 DOJ appropriation are as
follows:
!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, and detains and transports unsentenced
prisoners.
!Federal Bureau of Investigation (FBI) investigates violations of
federal criminal law; protects the United States from terrorism and
hostile intelligence efforts; provides assistance to other federal, state
and local law enforcement agencies; and shares jurisdiction with
Drug Enforcement Administration (DEA) 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.
!Immigration and Naturalization Service (INS) administers and
enforces immigration law by admitting or excluding aliens at the
border, investigating immigration law violations, apprehending and
processing for removal aliens illegally residing in the United States,
and processing immigration- and naturalization-related applications.
!Federal Prison System 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 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, Community Oriented Policing Services
(COPS), and the Office of Victims of Crime.


1 Formerly the Bureau of Alcohol, Tobacco and Firearms (ATF), this agency was previously
located in the Department of the Treasury.

FY2003 Funding
Defending the Nation against future terrorist attacks is currently the principal
focus of the Department of Justice. To this end, the Department is increasing its
efforts to disrupt and dismantle terrorist organizations, and bring to justice those
persons who carry out terrorist attacks against American interests at home and
abroad. With the encouragement of the Attorney General, the Federal Bureau of
Investigation is reorganizing, realigning and centralizing FBI assets to more
effectively counter terrorism and foreign intelligence services, and provide greater
internal security.
The Immigration and Naturalization Service (INS), meanwhile, has been
transferred to the Department of Homeland Security (DHS). Prior to the homeland
security debate, the Administration had sought to reorganize INS and separate the
agency’s service and enforcement functions as separate bureaus with DOJ. Such a
separation was proposed to improve the processing of immigration-related
applications and provide enhanced border security and prevent terrorists from
entering the United States. Along these lines, the Homeland Security Act of 2002
(P.L. 107-296) dismantled INS, splitting the service and enforcement functions, and
transferring former INS activities and programs to DHS. Other DOJ programs were
also transferred to DHS. Most notably, they included the Office of Domestic
Preparedness (ODP), formerly under the Office of Justice Programs, and the National
Infrastructure Protection Center (NIPC), formerly part of the Federal Bureau of
Investigation. Nonetheless, these activities and programs, although transferred to the
DHS, are funded for FY2003 in the Commerce, Justice, State (CJS) appropriations
act under DOJ.
Crime control has traditionally been viewed as a state and local responsibility.
Beginning with the passage of the Crime Control Act of 1968 (P.L. 90-351), the
federal role in the administration of criminal justice has increased incrementally.
Since 1984, Congress has enacted five major omnibus crime control bills,
establishing new crimes, penalties, and additional law enforcement assistance
programs for state and local governments. Crime control is one of the few areas of
the federal budget where discretionary spending has increased over the past two
decades.
FY2003 Budget Request and Authorization. For the Department of
Justice (DOJ), Congress appropriated nearly $24 billion, a 1% increase over the
department’s FY2002 enacted budget of $23.7 billion, and a 5% increase over the
Administration’s request of $22.8 billion. The last year appropriations for DOJ were
authorized was FY1980 (P.L. 96-132). Congress passed the 21st Century Department
of Justice Appropriations Authorization Act (P.L. 107-273), authorizing the
appropriation of specific amounts for DOJ agencies, activities, and programs for
FY2002 and FY2003. This Act includes many other provisions that, among other
things, establish a Violence Against Women Office, address drug treatment and
prevention, increase penalties for witness tampering, authorize forensic sciences
improvement and other justice-related grants, make technical immigration
amendments to the investor visa program, and reauthorize and amend juvenile justice
programs.



Department of Justice Accounts. The DOJ budget account structure
roughly mirrors the departmental organizational structure. Congress appropriates
funding for each account. The activity, agency, and program account structure,
however, is not uniform. Some accounts represent a single agency, e.g., the Drug
Enforcement Administration account. The Legal Activities account, by comparison,
includes multiple activity, agency, and program accounts. The Office of Justice
Programs account includes a series of law enforcement assistance grant programs, in
addition to departmental office and bureau accounts. The table below displays the
DOJ account structure. Amounts in this table and in the text are taken from a table
printed in the February 13, Congressional Record on 2003 (H572-H576). Where
possible comparisons are made to the Administration’s amended FY2003 request.
In regard to the Administration’s request, some major requested budget increases2
over the activity or agency base budgets are also given. Finally, last year’s
(FY2002) enacted funding level or appropriation is also given in the table.
Title I. Department of Justice Budget Accounts
(millions of dollars)
Sena t e
FY2002 FY2003 House H.J.Res. FY2003
AccountsenactedrequestH.R. 2472enacted
General Administrationa432.91,934.31,814.22,262.81,824.0
U.S. Parole Commission9.910.910.910.110.5
Legal Activities3,513.53,067.73,026.52,896.73,038.8
General legal activities561.7645.3614.8537.5611.3
U.S. Attorneys1,403.31,506.41,502.81,320.21,503.8
U.S. Marshals Service668.0706.5699.3768.2695.6
Prisoner detentiona706.2
Other174.3209.5209.6270.9228.1
Radiation Exposure Compensation2.02.0
Interagency Law Enforcement338.6362.1365.1400.1372.1
Federal Bureau of Investigation4,279.94,252.84,297.83,928.84,297.8
Salaries and Expenses4,246.14,251.64,296.63.927.64,234.6
Foreign Terrorist Tracking Task
Force62.0
Construction33.81.31.31.31.3
Drug Enforcement Administration1,481.81,545.91,590.91,477.51,560.9
Immigration and Naturalization
Ser vice
(direct appropriations)4,084.34,027.43,998.13,508.93,848.4
Salaries and Expenses3,856.23,241.83,049.93,241.83,589.8
enforcement and border affairs[2,739.7][3,153.2][2,961.3][2,880.8]
immigration services[631.7][88.6][88.6][709.0]
unallocated emergency
appropriations[484.8]


2 Base budgets reflect the Administration’s estimate of the level of funding necessary to
conduct FY2002's anticipated level of activities and services in FY2003. Hence, increases
“over base” are amounts requested by the Administration to carry out new or additional
activities and services.

Sena t e
FY2002 FY2003 House H.J.Res. FY2003
AccountsenactedrequestH.R. 2472enacted
Construction228.1267.1267.1258.6
Support and Administration785.6681.1
Offsetting Receipts(2,142.9)(2,311.1)(2,311.1)(2,311.1)(2,311.1)
Net INS obligational budget
authority (6 ,227.2) (6 ,388.5) (6,309.2) (5 ,820.0) (6 ,159.5)
Federal Prison System4,620.64,480.44,472.94,531.94,473.9
Office of Justice Programs4,943.83,116.74,263.25,179.14,561.8
Justice assistance836.4214.0717.72,232.11,201.3
State and local law enforcement2,654.5751.92,281.01,368.42,044.3
Weed and seed program58.958.958.958.958.9
Community policing services1,050.41,381.0896.21,120.2928.9
Juvenile justice programs305.9257.8257.8315.4275.3
Election reform grants400.031.0
Public safety officers benefits37.753.151.653.153.1
Total: Justice Departmentb23,707.222,800.323,839.724,206.023,988.3
Source: Congressional Record, February 14, 2003, H572-H576.a
The increase in funding for General Administration from $432.9 million in FY2002 to $1,824 million
in FY2003 reflects the consolidation of contract detention space acquisition in the Detention
Trustee’s Office. Such a consolidation is also reflected in the lack of money appropriated for
prisoner detention under the Legal Activities account, since such funding is now consolidated
in the Detention Trustee’s Office.b
FY2003 conference agreement amounts do not reflect an across-the-board rescission of 0.65%, nor
do they reflect other rescissions included in the conference agreement ($78 million from the
DOJ Working Capital Fund, $51 million from the Legal Activities account, and $580 thousand
from the Immigration Emergency Fund).
For General Administration, Congress appropriated $1.824 billion, as
compared to the Administration’s FY2003 amended request of nearly $1.934 billion.
As in the Administration’s request, the bulk of this funding goes to the Detention
Trustee account to better manage departmental acquisition of contracted detention
space. Besides the Detention Trustee, the General Administration account funds the
Attorney General’s office, senior departmental management, a counter terrorism
fund, and the Inspector General’s office. Conference report language designates
increased funding to: 1) continue development of the Joint Automated Booking
System (JABS), 2) integrate the FBI and INS biometric fingerprint identifications
systems (IAFIS and IDENT), and 3) increase narrowband communications, among
other things.
For the Federal Detention Trustee’s Office, Congress appropriated $1.367
billion for FY2003, nearly the same amount as requested by the Administration. The
Detention Trustee’s Office was established in FY2001, with a $1 million
appropriation, to manage contractual detention funding for the Department. For
FY2003, the contractual detention resources of the Immigration and Naturalization
Service ($593 million) and the U.S. Marshals Service ($774 million) are consolidated
under this office. Although these agencies would remain responsible for daily
detention operations, the Detention Trustee’s Office would manage the disbursement
of funds, which were previously carried under separate accounts. Conference report



language directs the Trustee to report to the Appropriations committees as to the
appropriateness of transferring certain personnel responsible for procuring detention
space from the Marshals Service and the former INS to the Trustee’s office.
For the counter terrorism fund, Congress appropriated $1 million to “cover
extraordinary costs associated with a terrorist threat or incident.” Conference report
language noted that this amount, along with unobligated balances and recoveries,
provides $50 million for FY2003. The Administration’s amended request included
no dollars for this fund.
The Office of the Inspector General (OIG) is responsible for investigating
departmental misconduct. In FY2001, the Attorney General ordered the OIG to
investigate allegations of misconduct at the Federal Bureau of Investigation and the
Drug Enforcement Agency. Previously such responsibility resided with the
respective agency offices of professional responsibility.3 The Senate Committee on
the Judiciary reported a measure, the Federal Bureau of Investigation Reform Act of
2002 (S. 1974), that included a provision to make such oversight statutory. To
assume these new responsibilities, the FY2003 amended request included $59 million
for the OIG; Congress appropriated $58 million.
The U.S. Parole Commission adjudicates parole requests by federal and D.C.
Code prisoners who are serving felony sentences. For the commission, the FY2003
request was $11 million. The authorization for the parole commission was due to
expire in November 2002, but the 21st Century Department of Justice Appropriations
Authorization Act (P.L. 107-273) authorized to be appropriated $10 and $11 million
for the commission for FY2002 and FY2003, respectively. For FY2003, Congress
appropriated nearly $11 million for the parole commission.
The Legal Activities account includes several accounts: (1) general legal
activities, (2) U.S. Attorneys, (3) the U.S. Marshals Service, (4) prisoner detention,
and (5) other legal activities. Among other things, 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,
and antitrust). For FY2003, Congress appropriated $3.039 billion for the legal
activities account, as compared to the Administration’s request of $3.068 billion.
Also, the FY2003 appropriation reflects in part a $774 million transfer from the
Marshals Service’s prisoner detention account to the Detention Trustee’s Office
(discussed above).
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, and antitrust). For FY2003, Congress
appropriated $611 million, as compared to the Administration’s request of $645
million.


3 For further information, see CRS Report RS20944, Statutory Inspector General for the
FBI: Overview and Issues, by Frederick M. Kaiser and Diane T. Duffy.

The U.S. Attorneys and the U.S. Marshals Service are present in all of the 94
federal judicial districts. The U.S. Attorneys prosecute criminal cases and represent
the federal government in civil actions. For the U.S. Attorneys, Congress
appropriated $1.504 billion, as compared to the Administration’s request of $1.506
billion. For the U.S. Attorneys, conference report language designates increases to
more aggressively prosecute corporate fraud ($13 million), coordinate an intermodal
transportation security pilot project ($5 million), provide additional legal training
from the National Advocacy Center ($25 million), increase violent crime task force
activities ($1.5 million), and prosecute federal copyright and counterfeit software
crimes ($10 million). The U.S. Marshals are responsible for the protection of the
Federal Judiciary, protection of witnesses, execution of warrants and court orders,
and custody and transportation of unsentenced federal prisoners. For FY2003,
Congress appropriated $696 million for the Marshals Service, as compared to the
Administration’s amended request of $707 million. Conference report language
designated funding increases to improve the warrant information network (nearly $3
million), increase security for the judicial process (nearly $16 million), acquire
additional courthouse security equipment ($12 million), continue funding two
existing fugitive task forces and related efforts ($8 million), and provide for new
construction ($15 million), among other things.
For other legal activities. e.g., the Community Relations Service, the
Independent Counsel, the U.S. Trustee Fund, and the Asset Forfeiture program, the
FY2003 amended request included $210 million. Congress appropriated $228
million for these purposes.
The Radiation Exposure Compensation (RECA) account funds a program to
compensate individuals exposed to radiation during atmospheric nuclear tests or
uranium production. To administer programs under this account, the FY2003 request
included $2 million, the same amount as appropriated for FY2002, for the Civil
Division in the Legal Activities account rather than the RECA account.
The Interagency Law Enforcement account reimburses departmental agencies
for their participation in the Organized Crime Drug Enforcement Task Force
(OCDETF) program. Organized into 9 regional task forces, this program combines
the expertise of federal agencies4 with the efforts of state and local law enforcement
to disrupt and dismantle major narcotics trafficking and money laundering
organizations. The FY2003 request included $362 million for OCDETF; Congress
appropriated $372 million. Conference report language designated funding increases
to step up DEA participation in task force operations ($15 million), enhance wiretap
investigations ($6 million), establish a U.S. Attorneys electronic surveillance tactical
group ($724 thousand), and further investigate links between drug traffickers and
terrorists ($3 million).


4 The federal agencies that participate in OCDETF are the Drug Enforcement
Administration; Federal Bureau of Investigation; U.S. Customs Service; Internal Revenue
Service; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Coast Guard; U.S.
Marshals Service; Immigration and Naturalization Service; the Justice Tax and Criminal
Divisions; and the U.S. Attorneys.

The Federal Bureau of Investigation (FBI), as the lead federal investigative
agency, recently reorganized to focus on counter terrorism. For FY2003, Congress
appropriated nearly $4.298 billion for the FBI, as compared to the Administration’s
amended FY2003 request of $4.253 billion. The FY2003 appropriation included
$491 million in programmatic increases; this amount included increases to step up
counterterrorism and counterintelligence investigations ($181 million), improve
technology as part of the Trilogy program ($127 million), enhance internal agency
security through an enterprise security operations center ($30 million), increase
aviation support ($19 million), bolster agency capabilities to handle hazardous
materials and devices ($13 million), provide for better quality language translations
($5 million), among other amounts. In addition, Congress appropriated an additional
$62 million — the full amount requested — to improve the operations of the Foreign
Terrorist Tracking Task Force.
It is also significant to note that the Homeland Security Act of 2002 (P.L. 107-
296) transferred the National Infrastructure Protection Center (NIPC), the National
Domestic Preparedness Office (NDPO), and the Domestic Emergency Support
Teams (DEST) from the FBI to the DHS. NIPC was formed to detect, deter, assess,
and warn computer users about cyber threats and to investigate and prosecute
unlawful computer intrusions. For a time, NDPO served as a single point of contact
for state and local authorities seeking interagency assistance in the areas of planning,
training, equipment, and exercises to prepare for domestic terrorist incidents, but
NDPO activities were largely absorbed by the OJP’s Office of Domestic
Preparedness. DEST was an interagency team of experts that could be quickly
assembled by the FBI to provide an on-scene commander (Special Agent in Charge)
with advice and guidance in situations involving weapons of mass effect (WME).
According the DOJ FY2004 Budget Summary, NIPC’s transfer to DHS’s Information
Analysis and Infrastructure Protection Directorate included about $51 million and
307 positions. Meanwhile, the NDPO and DEST transfers to DHS’s Emergency
Preparedness and Response Directorate included neither dollars nor positions.
The Drug Enforcement Administration (DEA) is the lead federal agency tasked
with reducing the illicit supply and abuse of dangerous narcotics and drugs. For
FY2003, Congress appropriated $1.561 billion for the DEA, as compared to the
Administration’s amended request of $1.546 billion. In addition to appropriated
funding, conference report language noted that an additional $89 million was
anticipated to be available to DEA for FY2003 from the Drug Diversion Control Fee
Account,5 bringing FY2003 anticipated new budget authority for the DEA to $1.650
billion. Conference report language included designated increases to hire an
additional 133 agents to partially offset the shift of 567 FBI agents away from
organized crime and related narcotics trafficking investigations to counterterrorism
($15 million), improve physical security ($18 million), bolster the agency’s data
security infrastructure ($6.7 million), and better monitor the financial holdings and
transactions of drug trafficking organizations.


5 The Drug Enforcement Administration registers annually over 900,000 entities involved
in the manufacture, import, export, or distribution of legitimate pharmaceuticals.
Registrants pay an annual fee, which funds the drug diversion program.

For the former Immigration and Naturalization Service (INS), Congress
directly appropriated $3.848 billion for FY2003, as compared to the Administration’s
amended request of $4.027 billion. Direct appropriations included $2.881 billion for
immigration enforcement and border affairs, $709 million for immigrations services,
and nearly $259 million for new border patrol construction (stations, check points,
and barriers). In addition, Congress appropriated an additional $2.311 billion in
anticipated offsetting receipts, bringing net obligational budget authority for bureaus
of the former INS (currently located in the DHS) to nearly $6.160 billion, as
compared to the Administration’s amended FY2003 request of $6.339.
For immigration enforcement and border affairs, conference report language
designated funding increases to establish an efficient entry/exit control mechanism
to record noncitizens traveling to and from the United States ($362 million), hire an
additional 570 border patrol agents ($57 million) and 460 land border inspectors ($25
million), advance the journey level for immigration enforcement officers from GS-9
to GS-11 ($58.5 million), conduct interior enforcement ($10 million), increase INS
participation on joint terrorism task forces ($6 million), bolster human trafficking
investigations ($3.7 million), explore alternatives to immigration detention ($3
million), and provide legal orientation to immigration detainees ($1 million). By
comparison, the Administration’s FY2003 request included the same amount for
entry exit control, but greater amounts for hiring the same number of additional
border patrol agents ($75 million) and inspectors ($34 million).
Concerning offsetting receipts, conference report language noted that additional
user fees would provide funding to hire an additional 615 airport inspectors and 85
seaport inspectors. As requested by the Administration, report language designated
an additional $50 million in exam fee receipts to reduce the average processing time
for all immigration-related applications to 6 months. Furthermore, section 108 of the
DOJ general provisions of the FY2003 CJS appropriations act amended the
Immigration and Nationality Act to authorize a $3 cruise line inspection fee. Report
language is silent as to the Administration’s requested $83 million for electronic
information management upgrades.
The Homeland Security Act of 2002 (P.L. 107-296) dismantled INS, splitting
the agency’s service and enforcement functions, transferring them to the Department
of Homeland Security (DHS) as separate bureaus. Immigration service programs
were reconstituted as a Bureau of Citizenship and Immigration Services under the
DHS Office of the Deputy Secretary.6 Immigration enforcement programs were
transferred to DHS’s Directorate of Border and Transportation Security. Under this
directorate, the Administration established the Bureau of Customs and Border
Protection by merging immigration inspections and the Border Patrol with U.S.
Customs Service commercial operations and inspections, along with agricultural
quarantine and inspections. Under the same directorate, the Administration
established a Bureau of Immigration and Customs Enforcement by consolidating
Customs and immigration investigations, the Customs air and marine drug


6 The Homeland Security Act also locates under the DHS Office of Deputy Secretary the
Office of Shared Services (formerly INS support programs, e.g., data and communications),
Immigration Statistics Branch, and the Office of Immigration Policy, as separate entities.

interdiction program, the immigration detention and removal program, and the
Federal Protective Service.7
The Federal Prison System maintains 106 penal institutions nationwide, and
contracts with state, local, and private concerns for additional detention space. The
Administration projected that this system will house an average daily population of
143,197 sentenced offenders in federal institutions, and another 28,043 in contract
facilities, in FY2003. For FY2003, the Administration requested $4.480 billion;
Congress appropriated $4.474 billion. Conference report language noted that the
FY2003 appropriation included over $101 million to activate a new medium security
facility in Glenville, West Virginia, and new high security facilities in Big Sandy and
McCreary Kentucky, and Victorville, California, which will provide an additional

4,400 beds. In addition, another $10 million is provided to expand the Marion,


Illinois and Stafford, Arizona facilities, which will provide an additional 764 new
beds.
The Office of Justice Programs (OJP) manages and coordinates the National
Institute of Justice, Bureau of Justice Statistics, Office of Juvenile Justice and
Delinquency Prevention, Office of Victims of Crimes, Bureau of Justice Assistance,
and several grant programs. For the Office of Justice programs and related offices,
bureaus, and programs, Congress appropriated $4.562 billion, as compared to the
Administration’s $3.117 billion request. The Administration’s request included a
proposal to zero out Byrne and Local Law Enforcement Block grant programs,
replacing them with a consolidated justice assistance grants program. In addition, the
request included another proposal to transfer $1.2 billion in funding from OJP to the
Federal Emergency Management Agency (FEMA) to fund and consolidate domestic
preparedness programs by eliminating about $1.8 billion in state and local assistance
grant programs. Congress rejected the first proposal and the second proposal was
overtaken by events, as the Office of Domestic Preparedness (ODP) was transferred
to the DHS Directorate of Border and Transportation Security. Notwithstanding this
transfer, Congress appropriated for ODP $1.0 billion for FY2003 in the CJS
appropriation act. Congress funded the Byrne grant programs at $651 million and
Local Law Enforcement Block grants at $400 million, but cut the State Criminal
Alien Assistance Program by $315 million, funding that program at $250 million.
The Justice Assistance account funds the operations of OJP bureaus and offices.
Besides funding OJP management and administration, this account funds research,
evaluation, and demonstration programs; technology centers; criminal justice
statistical programs; and other cooperative efforts that address missing children,
regional drug intelligence, and white collar crime. For this account, Congress
appropriated $1.201 billion, as compared to the Administration’s request of $214
million. The FY2003 appropriation included $1.0 billion for ODP.8


7 For further information, see CRS Report RL31549, Department of Homeland Security:
Consolidation of Border and Transportation Security Agencies, coordinated by William J.
Krouse.
8 For further information, see CRS Report RS21400, FY2003 Appropriations for First
Responders: Fact Sheet, by Ben Canada and Shawn Reese.

The Office of Justice Programs administers a number of grant programs to assist
state and local governments with law enforcement and other justice-related issues.
As part of the FY2003 request, these programs include (1) State and Local Law
Enforcement Assistance, (2) Weed and Seed crime prevention efforts, (3)
Community Oriented Policing Services (COPS), (4) Juvenile Justice Formula Grants,
(5) a proposed Election Process Improvement Program, and (6) Public Safety
Officers Benefits.
Under State and Local Law Enforcement Assistance, Congress appropriated
$2.044 billion for FY2003, as compared to the Administration’s request of $752
million. Although the Administration’s FY2003 request included no funding for the
Byrne Grants and Local Law Enforcement Block Grants, Congress appropriated $500
million for the Byrne formula grants and $151 million for Byrne discretionary grants,
as well as $400 million for Local Law Enforcement Block Grants. As requested by
the Administration, however, Congress reduced funding for Indian Country Tribal
Prison Construction and State Criminal Aliens Assistance Program, appropriating $5
million for the former — a reduction of $30 million, and $250 million for the latter
— a reduction of $315 million. In addition, Congress appropriated $390 million for
the Violence Against Women Program, $65 million for the State Prison Drug
Treatment, $45 million for Drug Courts, and lesser amounts for victims of
trafficking, prescription drug monitoring, prison rape prevention, and terrorism
prevention and response training.
The Weed and Seed program was designed to “weed out” crime in selected
neighborhoods, and “seed” them with coordinated crime prevention and human
service programs. For FY2003, Congress appropriated $59 million for Weed and
Seed, the same amount as requested by the Administration.
To enhance public safety, the Community Oriented Policing Services (COPS)
provides grants to state, local, and Indian Tribal governments to expand community
policing and cooperation between law enforcement agencies and members of the
community. The authority for the COPS grant programs lapsed at the end of
FY2000. Congress, however, has continued to appropriate funding for these
programs.9 For FY2003, Congress appropriated nearly $929 million, as compared
to the Administration’s request of $1.381 billion. The reduction in funding for the
Public Safety and Community Policing Grants program accounted for the largest
difference between the appropriation and request — $143 million. In addition, the
community prosecutors program appropriated $85 million — a nearly $15 million
reduction. Congress, however, appropriated $401 million for crime fighting
technologies, an increase of $49 million. The Administration had proposed that a
COPS justice assistance grant program be established to replace the Byrne and Local
Law Enforcement Block grants, but Congress rejected this proposal (see discussion
above).
Under the Juvenile Justice Formula Grants program, OJP provides funding to
improve juvenile justice and corrections. Under this program, the Administration’s


9 For further information, see CRS Report 97-196, The Community Oriented Policing
Services (COPS) Program: An Overview, by JoAnne O’Bryant.

FY2003 budget proposed funding Project ChildSafe ($75 million), to advance the
goal of ensuring that child safety locks are available for every handgun in the United
States; Congress appropriated $25 million. The overall FY2003 request for juvenile
justice grants included $258 million. For FY2003, Congress appropriated $275
million for the Juvenile Justice Formula Grants Program. The authorization to make
appropriations for this program had lapsed six years ago at the end of FY1996. The

21st Century Department of Justice Appropriations Reauthorization Act (P.L. 107-


273), however, authorized the appropriation of “such sums as may be appropriate”


for these programs for fiscal years 2003 through 2007.10
The FY2003 request included $400 million to establish a new Election Process
Improvement Grant program. Based on recommendations made by the National
Commission on Federal Electoral Reform, this program provided state and local
governments with annual grants to fund improvements in voting administration,
machines, registration, education, and poll worker training. Although the Senate-
approved CJS appropriations act would have provided $31 million for this program,
the enacted appropriation provides no funding for this program. In addition, the
FY2003 request included $53 million for Public Safety Officer Benefits (PSOB) —
the same amount as appropriated by Congress. The PSOB program provides death
benefits to survivors of public safety officers who die in the line of duty, and
disability benefits to those officers injured and disabled in the line of duty. Benefits
provided by this program were increased by the USA Patriot Act of 2001 (P.L. 107-

56).


The Government Performance and Results Act (GPRA) required the
Department of Justice, along with other federal agencies, to prepare a 5-year strategic
plan, including a mission statement, long-range goals, and program assessment
measures. In September 2000, the Department submitted its Strategic Plan for 2000-
2005 to Congress. Building upon the strategic plan, the Department’s FY2003
performance plan included eight goals:
!protect the United States from the threat of terrorism;
!enforce federal criminal laws;
!prevent and reduce crime and violence by assisting state, tribal,
local, and community-based programs;
!defend and protect the rights and interests of the American people by
providing legal representation and enforcement of federal laws;
!administer immigration and naturalization laws fairly and
effectively;
!protect American society by providing for the safe, secure, and
humane confinement of persons in federal custody;
!protect the federal judiciary and support the federal justice system;
and


10 For further information, see CRS Report RS20576, Juvenile Justice: Legislative Activity
and Funding Trends for Selected Programs, by JoAnne O’Bryant, Edith Fairman Cooper,
and David Teasley.

!ensure professionalism, excellence, accountability, and integrity in
the management and conduct of the Department of Justice.11
Detailed performance plans for individual activities, agency, and program accounts
were included in the departmental budget submission to Congress as well.
Related Legislation
P.L. 107-273 (H.R. 2215; S. 1319)st

21 Century Department of Justice Appropriations Authorization Act.


Authorizes appropriations for the Department of Justice, among other things.
Amended and ordered reported by the Committee on the Judiciary on June 20, 2001.
Passed the House on July 23, 2001. Amended in the Senate with the text of S. 1319
and passed on December 20, 2001. Conference agreement reported on September
25, 2002. House passed the conference agreement on September 25, and the Senate
on October 3, 2001. Signed into law (P.L. 107-273) on November 2, 2002.
P.L. 107-296 (H.R. 5005)
Homeland Security Act of 2002. Establishes a cabinet level Department of
Homeland Security. H.R. 5005 was amended and reported (H.Rept. 107- 609) by the
Select Committee on Homeland Security on July 19, 2002, which was amended and
passed by the House on July 26, 2002. A similar measure (H.R. 5710) on November
12, 2002. Amended and passed in Senate on November 19, 2002. Signed into law
(P.L. 107-296) on November 25, 2002.
S. 924 (Biden)
Protection Act of 2002. Reauthorizes the Community Oriented Policing
Services (COPS) programs, among other things. Amended and reported without a
written report by the Committee on the Judiciary on April 11, 2002. No further
action was taken.
S. 1974 (Leahy)
Federal Bureau of Investigation Reform Act of 2002. Includes provisions to
reform and improve oversight of the FBI. Ordered reported by the Committee on the
Judiciary on April 25, 2002. Report filed on May 10, 2002 (S.Rept. 107-148). No
further action was taken.
Additional Reading
CRS Report 97-196. Community Oriented Policing Services (COPS) Program: An
Overview, by JoAnne O’Bryant.
CRS Issue Brief IB10095. Crime Control: The Federal Response, by JoAnne
O’Bryant.


11 US. Department of Justice, Office of the Attorney General, Fiscal Year 2001 Performance
Report & Fiscal Year 2002 Revised Final Performance Plan, Fiscal Year 2003 Performance
Plan, (Washington, 2002),
[http://www.usdoj .gov/ag/ annualrepor ts/pr2001/T ableofContents.htm] .

CRS Report RL31549. Department of Homeland Security: Consolidation of Border
and Transportation Security Agencies, coordinated by William J. Krouse.
CRS Report RS21400. FY2003 Appropriations for First Responders: Fact Sheet, by
Ben Canada and Shawn Reese.
CRS Report RS20576, Juvenile Justice: Legislative Activity and Funding Trends for
Selected Programs, by JoAnne O’Bryant, Edith Fairman Cooper, and David
Teasley.
CRS Report RS20539. Federal Crime Control Assistance to State and Local
Governments, by JoAnne O’Bryant.
CRS Report RS20944. Statutory Inspector General for the FBI: Overview and
Issues, by Frederick M. Kaiser and Diane T. Duffy.
Department of Commerce
Background
Title II typically includes the appropriations for the Department of Commerce
and related agencies. The origins of the Department date back to 1903 with the
establishment of the Department of Commerce and Labor (32 Stat. 825). The
separate Department of Commerce was established on March 4, 1913 (37 Stat. 7365;

15 U.S.C. 1501).


The Department’s responsibilities are numerous and quite varied, but its
activities center around five basic missions: 1) promoting the development of
American 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:
!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.
!Bureau of the Census collects, compiles, and publishes a broad
range of economic, demographic, and social data.
!Economic and Statistical Analysis Programs provide 1) timely
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. Much of the analysis is conducted by the Bureau of
Economic Analysis (BEA).
!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 Export Administration (BXA) enforces U.S. export control
laws consistent with national security, foreign policy, and short-
supply objectives (to be renamed the Bureau of Industry and
Security).
!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.


!Patent and Trademark Office (PTO) examines and approves
applications for patents for claimed inventions and registration of
trademarks.
!Technology Administration, through the Office of Technology
Policy, advocates integrated policies that seek to maximize the
impact of technology on economic growth, conducts technology
development and deployment programs, and disseminates
technological information.
!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 based on new
scientific discoveries.
!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.
The total appropriation for the Department of Commerce in FY2002 was $5.43
billion (not including supplementals), which was about $341 million above the
President’s request. The enacted amount was also about $322 million above the
House-passed bill and about $166 million below the Senate-passed bill. (For more
information on funding of individual agencies, see the Appendix.)



FY2003 Funding Issues
In his FY2003 budget request to Congress, the President requested $5.64 billion
in total funding for Title II, which includes the Department of Commerce and related
agencies. This amount was approximately $160 million (2.8%) less than the $5.80
billion (after adding supplementals) that Congress appropriated in FY2002. The
107th Senate Appropriations Committee recommended $5.92 billion, roughly $320
million above the Administration request. The FY2003 omnibus appropriations bill
provided $5.78 billion for Title II, which is roughly $280 million above the
Administration amended request.
For the Department of Commerce alone, the President requested $5.55 billion,
which was about $170 million below the FY2002 appropriation of $5.72 billion. The
107th Senate Appropriations Committee recommended $5.83, roughly $280 million
above the Administration request. For FY2003, the omnibus bill provided $5.69
billion, which is roughly $140 million above the Administration request.
The President’s budget request called for $70.9 million for Departmental
Management. This amount would have been $8.3 million (14.3%) more than the
$62.6 million appropriated for FY2002. The 107th Senate Appropriations Committee
recommended $62.1 for departmental management, roughly $8.8 million below the
President’s request. The Senate bill allocated $41.5 million to salaries and expenses,
and $20.6 million to the Inspector General’s office. The omnibus appropriations bill
provided a total of $65.6 million, which was $5.3 million below the President’s
request, but $3 million more than the FY2002 amount. Of this amount, roughly $45
million was for salaries and expenses and $20.6 million for the Inspector General’s
office.
The Department’s Economic and Statistical Analysis programs are conducted
by the Bureau of Economic Analysis (BEA) and the Bureau of the Census. The
President requested $73.2 million for these programs, which was about $10.7 million
(17.1%) above the $62.5 million appropriated in FY2002. The Administration
believed that the BEA’s timely and accurate statistical reports were essential for
providing reliable data to policymakers, industry leaders, and consumers. The 107th
Senate Appropriations Committee recommended $63.8 million, roughly $10 million
below the Administration request. The omnibus bill provided $72.2 million, which
was one million below the Administration request, but roughly $9.7 million above
the FY2002 amount.
For the Bureau of the Census, the President requested an FY2003 total of
$705.3 million, $225.8 million higher than the $479.5 million appropriated for
FY2002. (The $479.5 million took into account an $11.3 million rescission.) The
Conference Committee approved $554.5 million, $150.8 million less than the
FY2003 request but $75 million more than the FY2002 appropriation.
The conferees included $1 million to have the Bureau study the response rates
in a test of voluntary versus mandatory answers to the American Community Survey,
the intended replacement for the decennial census long-form questionnaire, and
directed the Secretary of Commerce to report the study results to the Appropriations
Committees as soon as they are available. Filling out the census long form has been



mandatory, and the Bureau maintained that the ACS response rates will drop if
answering the survey becomes optional. Some in Congress believe, however, that
the mandatory approach is too burdensome and intrusive for respondents.
The President’s request for the International Trade Administration was $377.2
million, a $31.7 million increase over the FY2002 levels ($345.5 million, including
the FY2002 supplemental). The Senate provided $350.2 million and the Conference
agreed on $362.2 million, a $16.7 million increase over the FY2002 level. ITA is
divided into four policy units and an Executive and Administrative Directorate,
which the Conference appropriated $25.1 million.
!The Administration requested $58.3 million for the Trade
Development Unit. In FY2002, Congress appropriated $67.7
million, including several textile related initiatives not incorporated
into the President’s FY2002 request of $52.3 million. Although
these initiatives are not funded in the President’s FY2003 request,
the Senate Appropriations Committee restored approximately $13
million for the National Textile Center and the Textile/Clothing
Technology Corporation. The Senate’s provision for Trade
Development was $68.1 million. The Conference trimmed this
amount to $67.7 million.
!The Administration requested $37.2 million for the Market Access
and Compliance Unit (MAC). This request included
approximately $5 million for increased compliance monitoring and
enforcement, and support for World Trade Organization and Free
Trade of the Americas negotiations. The Senate appropriated $28.2
million. The Senate Appropriations Committee recommended that
$23.5 million of these funds be used for compliance efforts and $1.5
million for field officers to monitors compliance in China, Japan, the
European Union and other markets. The Conference appropriated
$31.2 million: $3.5 million more than MAC’s $27.7 million
appropriation in FY2002.
!In the President’s FY2003 budget, the Import Administration (IA)
unit received a $7.6 million increase to $53.6 million in FY2003 —
up from $46 million in FY2002, including an additional $5.9 million
request for anti-dumping and countervailing duty enforcement. The
Senate appropriated $44 million. The Senate Appropriations
Committee specified $1.5 million of this amount for overseas anti-
dumping and countervailing subsidy monitoring and compliance
efforts; $3.5 for the agency to monitor import surges in key sectors
and to take expedited action to respond to such surges; and $2.5 to
review and evaluate the compliance of China and Japan with regard
to their existing World Trade Organization (WTO) commitments on
anti-dumping and countervailing subsidies. The Conference
appropriated $44.2 million, a $1.8 million cut from FY2002.



!The Administration requested $201.8 million for the U.S. and
Foreign Commercial Service (USFCS), an increase of $6 million
from the $195.8 million appropriated in FY2002. In part, this
increase was designed to fund trade compliance-related training for
U.S. Export Assistance Center employees and seminars for U.S.
exporters. The Senate provided $199.6 million for USFCS. The
Conference appropriated $202 million, a $6.2 million increase from
FY2002. The agency had reviewed its fee based programs with an
intent to recoup more of its costs through fees. ITA’s FY2003
budget justification cautioned that increased funding for several
programs were dependent on receiving at least $10 million in
additional fee collections.
The President’s FY2003 request for the Bureau of Industry and Security(BIS)
(formerly the Bureau of Export Administration) was $103.3 million, a $34.4 million
increase from the level Congress enacted in 2002 ( $68.9 million). This figure
represents a $14.4 million increase for BXA’s principal activities including
administering and enforcing the Export Administration Regulations, ensuring U.S.
compliance with multilateral proliferation control regimes, and managing the Critical
Infrastructure Assurance Office (CIAO). An additional $20 million was requested to
fund the Homeland Security Information and Technology Evaluation Program within
CIAO to coordinate information technology policy with the Office of Homeland
Security and OMB and better utilize federal information systems for homeland
security purposes. The CIAO was transferred to the Information Analysis and
Infrastructure Protection Unit of the Department of Homeland Security.
The Senate recommended $100.2 million, a $3.1 million reduction from the
President’s FY2003 request. The Senate language directed that industry development
programs of BIS be transferred to the International Trade Administration. These
programs are located with the Bureau’s Office of Strategic Industry and Economic
Security. The Conference approved $74.7 million, a $5.8 million increase from
FY2002, and directed that $7.3 million of that figure be used to fund Chemical
Weapons Convention compliance activity.
The Economic Development Administration (EDA) has experienced an
unsettled appropriations history over the past several Congresses.12 Last year was
typical. For FY2002, the Administration requested a substantial reduction ($76
million, or 17%) in EDA’s overall funding. The House set funding for FY2002 at
the Administration’s requested level, i.e., $30.6 million for Salaries and Expenses
(S&E) and $335 million for Economic Development Assistance Programs (EDAP),
for a total EDA appropriation of $365.6 million. The Senate Appropriations
Committee recommended slightly more — $371.6 million. The conference
agreement provided $30.6 million for S&E and $335 million for EDAP, for a total
FY2002 appropriation of $365.6 million.


12 For background, see CRS Issue Brief IB95100, Economic Development Administration:
Overview and Issues, by Bruce K. Mulock.

For FY2003, the Administration requested a total appropriation of $348 million
for EDA. The conference agreement provides a total EDA appropriation of $320.8
million — $290 million for EDAP and $30.8 million for S&E. More specifically,
$205 million is for Public Works and Economic Development, $40.9 million is for
Economic Adjustment Assistance, $24 million is for planning, $9.1 million is for
technical assistance (including university centers), $10.5 million is for trade
adjustment assistance, and $500,000 is for research.
For the Minority Business Development Agency (MBDA), the Bush
Administration request was $28.9 million for FY2003, about $.5 million (1.7%)
above the $28.4 million appropriated in FY2002. The 107th Senate Appropriations
Committee recommended $28.6 million, roughly $200,000 above the FY2002
appropriation. The FY2003 enacted funding was $28.9 million, which matched the
Administration request.
The U.S. Patent and Trademark Office (USPTO) is funded by user fees
collected from customers. After a series of Continuing Resolutions that funded the
Office at FY2002 levels, the Omnibus Budget Act (P.L. 108 -7) provided the USPTO
with the budget authority to spend $1,182.6 million for FY2003. Of this amount,
$1,015.2 million is to be derived from offsetting collections and $166.8 million is
from fees collected in previous years. The budget authority is 5% more than the
previous fiscal year, but is less than the $1,527 million expected to be collected in
patent and trademark fees in FY2003.
The Administration’s FY2004 budget would provide the USPTO with the
authority to spend $1,203 million from fees collected in that fiscal year. In addition,
the Administration is proposing legislation to change the statutory fee structure to
raise an additional $201 million to be spent by the Office. The expected $1,404
million in budget authority is $100 million less than the anticipated $1,504 million
fee collection for FY2004.
Since 1990, appropriation measures have limited the Patent and Trademark
Office’s use of the full amount of fees collected in each fiscal year. This is an area
of controversy. Opponents argue that since agency operations are supported by
payments for services, the total amount of these collections should be available to
provide for those services in the year the expenses are incurred. Proponents of the
current approach maintain that the fees are necessary to balance the budget and that
the level of fees appropriated back to the USPTO are sufficient to cover operating
ex penses. 13
For FY2003, President Bush requested a total of $3.21 billion in appropriations
for the National Oceanic and Atmospheric Administration (NOAA). Of this
amount, $2.28 billion was requested for NOAA’s Operations, Research and Facilities
(ORF) account; $811.4 million for the Procurement, Acquisitions, and Construction
(PAC) account; and $114.1 million for NOAA’s Other Accounts. Additional budget
authority of $75 million would be transferred from the Promote and Develop Fishery


13 For more information see CRS Report RS20906, U.S. Patent and Trademark Office
Appropriations Process: A Brief Explanation, by Wendy H. Schacht.

Products and Research Pertaining to American Fisheries (PDAF) account, and $3
million in collected fees would be transferred to ORF from the Coastal Zone
Management Fund (CZMF). Total Budget Authority requested for NOAA for
FY2003 would be $3.33 billion. NOAA’s Office of Financial Administration (OFA)
reported that $574.8 million was requested for research and development (R&D)
spending for FY2003.
The FY2003 request was 5.65% greater than the President’s FY2002 request,
and 1.35% less than FY2002 appropriations of $3.38 billion. Of the total ORF
funding requested, $385.3 million was for the National Ocean Service (NOS); $603.5
million for the National Marine Fisheries Service (NMFS); $296.9 million for
Oceanic and Atmospheric Research (OAR); $725.3 million for the National Weather
Service (NWS); $151.9 million for the National Environmental Satellite Data and
Information Service (NESDIS); and $213.2 million for Program Support. Program
Support was subsequently divided as follows: $79.8 million for Corporate Services
(NOAA Administration), $108 million for the Office of Marine and Aviation
Operation (OMAO), and $24.6 million for NOAA Facilities (FAC). NOAA’s Other
Accounts include Pacific Coastal Salmon Funding (PCSF) for which $110 million
was requested; $3 million from the CZMF, which is transferred to NOS; and $1.1
million for other fishery-related funds.
Highlights of the FY2003 President’s request included significant changes to
base funding for all NOAA programs for Civil Service Retirement System expenses
(CSRS). These new obligations totaled $92.2 million in discretionary funding,
expenses which were originally funded by the federal Office of Personnel
Management (OPM). The OMAO request included $815,000 for new hires for
NOAA’s uniformed CORPS, and $36.7 million for the CORPS Officer’s retirement
fund (mandatory). Another significant change to base funding for OAR was a
reduction of $62.4 million for the Ocean and Great Lakes Research Programs, which
was premised on the President’s proposal to transfer the National Sea Grant College
Program to the National Science Foundation (NSF). This transfer was supported by
the NOAA Administrator, who is also Undersecretary of Commerce for Oceans and
Atmosphere. In addition, the President requested a total of $348.5 million for coastal
conservation spending for FY2003, authorized under the Coastal and Estuarine Lands
Conservation Program (CELCP) in Title VIII of Department of Interior
Appropriations for FY2001 (P.L. 106-552). That funding was proposed to be divided
as follows: NOS, $184.5 million; NMFS, $52.8 million; OAR and NESDIS, $1.2
million; and PCSF, $110.0 million.
In the Defense Appropriations Act for FY2002 (P.L. 107-117), NOAA received
additional funding of $2.75 million for NESDIS for satellite control operations
security, and $0.75 million for oversight and enforcement of the licencing program
for satellite data and imagery. Funding was also restored under that same Act for
DOD/USAF, a partner of NOAA in NPOESS, a program to consolidate all federal
polar orbiting environmental observation satellites systems under one program. This
funding raised total appropriations for NPOESS to levels requested for FY2002;
similar levels were requested for FY2003. The President’s request for Homeland
Security activities at NOAA for FY2003 was $24.6 million. New for FY2003, $8.7
million was requested for an “Energy Initiative” under OAR which would both
manage the agency’s research facilities energy use and assist the entire nation with



weather advice to help conserve energy nation-wide. The President also proposed
legislation to establish a Business Management Fund to manage NOAA’s operating
costs. For information on NOAA funding for FY2002, see CRS Report RL31117,
National Oceanic and Atmospheric Administration: a Review of the FY2002 Budget
Request and Appropriations.
The FY2003 CJS appropriations bill, reported by the Senate Committee on
Appropriations (S. 2778, S.Rept. 107-218) on July 24, 2002, would provide total
appropriations of $3.350 billion for NOAA, which is $216.7 million, or about 4.4%,
more than the President’s request of $3.210 billion for FY2002, and almost 7.0%
more than the FY2002 funding level of $3.133 billion. FY2003 ORF funding levels
approved by the Committee would be $2.337 billion, including $78.2 million in
transfers from Other Accounts, and ORF funding would be divided as follows:
$403.5 million for NOS; $587.9 million for NMFS; $395.7 million for OAR; $682.0
million for NWS; $133.8 million for NESDIS; and $202.9 million for Program
Support, including $89.5 million for Corporate Services, $95.9 million for the Office
of Marine Aviation Operations, and $17.5 million for FAC. Total PAC
appropriations approved for FY2003 would be $903.4 million, and include $102.4
million for NOS, $24.0 million for NMFS, $17.1 million for OAR, $66.8 million for
NWS, $608.6 million for NESDIS, and $84.5 million total for Program Support.
Further, the Committee approved $110.1 million for NOAA’s Other Accounts
including, $95 million for the Pacific Coastal Salmon Recovery Fund, an increase of
$5.0 million above the President’s FY2003 request; $20 million for Pacific Salmon
Treaty obligations; $1.4 million for various fishery accounts. Further, $3.0 million
would be transferred to ORF from CZMF; and there would be a $3.0 million
reduction from fisheries financing.
S. 2778 requires the National Sea Grant College Program to remain in NOAA,
where it would be funded at $63.4 million for FY2003. In addition, the bill would
provide $20.0 million for exploration of the world’s oceans, $6.0 million more than
FY2002 levels; create a new initiative, “Ocean Health,” which it would fund at $10
million; provide $1 million to establish a NEPA office in NMFS and to encourage
NOAA to improve its fisheries management capabilities; provide $4.0 million for
NOAA responsibilities under the National Invasive Species Act; and encourage
NOAA to develop plans for a national system of ocean observation platforms,
including a relocatable underwater laboratory/habitat. The Committee further
approved $2.0 million for Arctic Research; would provide $14 million for minority
colleges and universities to train future scientists; would provide $3.5 million for
fisheries and shellfish restoration in the Chesapeake Bay; and would establish a
Business Management Fund in NOAA. Conservation spending approved for FY2003
is $480 million, with $264.5 million of that intended for ORF; $100.5 million for
PAC, and $115 million for PCSF.
The Committee did not approve $18 million requested for NOAA’s part in the
President’s Climate Change Research Initiative (CCRI), but instead it noted its
support for climate research activities being conducted under the U.S. Global Change
Research Program. The report did not address the proposed NOAA “Energy
Initiative,” but would provide a $23.2 million increase for homeland security
programs, and would include funding for a NWS weather and climate
supercomputing backup, and backup for other programs in NESDIS recommended



under the President’s Critical Infrastructure Protection Initiative. Further, the report
addresses the President’s proposal to transfer financial responsibilities for CSRS and
retiree health benefits for all civilian employees to federal agencies. The Senate
Appropriations Committee noted that because the Senate Government Affairs
Committee — which has authorizing jurisdiction over such matters — had not
considered the proposal, funding tables in S.Rept. 107-218 exclude amounts
proposed for funding those benefits. S. 2778 is under consideration by the Senate.
On July 19, 2002, Conferees reported out H.R. 4775, the Homeland Security
Emergency Supplemental Appropriations Act for FY2002 (H.Rept. 107-593).
Appropriations for NOAA under this Act would total $33.5 million, including $4.8
million in ORF funding for homeland security expenses incurred by the agency in
FY2002. Of this amount, $2.0 million is for NOS to address critical mapping and
charting backlog requirements, and $2.8 million is for NESDIS to develop backup
capability for NOAA’s critical satellite products and services. $2.5 million is
provided for a coral reef mapping program and some $25.1 million would be slated
for various fishery programs. In addition, $7.2 million is for a NWS supercomputer
backup, which would be funded under NOAA’s PAC account. Under the original
Senate bill (S. 2551), an $8.1 million rescission was proposed from funding provided
for NPOESS in FY2002; however, H.R. 4775 (amended) rescinds $8.1 million from
funding provided by Section 817 of P.L. 106-78 (Norton Sound Fisheries agriculture
transfer), instead. The President signed H.R. 4775 into law as P.L. 107-206 on
August 2, 2002.
On January 8, 2003, Rep. Wolf introduced H.R. 247, which recommended
House funding for CJS Appropriations for FY2003. It was subsequently referred to
the House Appropriations Committee. H.R. 247 proposed a total of $2.97 billion for
NOAA, and reduced funding for most of NOAA’s line offices below the President’s
request, except for NWS. Of total appropriations proposed, $2.14 billion was for
ORF. Some $701.3 million was for PAC, and $133.3 million was for NOAA’s Other
Accounts. Additional budget authority of $92 million would be provided from
transfers and deobligations. H.R. 247 also provided additional funding of $40
million for a final payment for U.S. requirements under the 1999 Pacific Salmon
Treaty. A total of $305 million was for NOAA conservation programs. In addition,
$7 million was rescinded from unobligated “Coastal Impact Assistance” funds. H.R.
247 also authorized “such sums as necessary,” for new mandatory funding for NOAA
retirees’ pay and other expenses. Costs were estimated to be around $52 million.
On January 13, the Senate Appropriations Committee reported H.J.Res. 2
(amended), its version of FY2003 CJS Appropriations. S.Amdt. 1 was a new bill in
the nature of a substitute, which recommended a total of $3.35 billion for NOAA.
Of that sum, $2.35 billion would be for ORF; $903.4 million would be for PAC; and
$93.8 million for NOAA’s Other Accounts. Overall funding levels were slightly
greater than those proposed in S. 2778, because of proposed increases for NOS and
NMFS; however, there would be a decrease for NOAA’s Other Accounts. The
amendment authorized $52.3 million in mandatory spending for NOAA retirees’ pay
and health benefits. In most cases, funding recommendations were greater than those
requested by the President for NOAA for FY2003, except for NWS, NESDIS, and
Program Support. Funding levels were greater than those proposed in H.R. 247,
except for NWS, NESDIS and Other Accounts. Further, as in S. 2778, the Sea Grant



program was funded within NOAA (OAR) at $63 million, rather than in NSF. The
Senate passed H.J.Res. 2 (amended) by unanimous consent on January 13, 2003.
Overall spending levels for NOAA did not change from Committee-recommended
levels, except funding for Other Accounts increased by $0.7 million. Senate floor
amendments to H.J.Res. 2, which affected NMFS funding, called for the transfer of
$20 million from the PDAF account to create an “Alaska Fisheries Marketing
Board,” and $3 million for Louisiana oyster industry disaster assistance.
On January 13, conferees on H.J.Res. 2 approved the FY2003 Consolidated
Appropriations Resolution, Section K of which funded NOAA. On February 15,
2003, conferees reported the resolution (H.Rept.108-10). Appropriations for NOAA
were $3,194.6 million, with $2,316.5 million of that for ORF, $759 million for PAC,
and $59 million for Other Accounts. Additional spending authority of $75 million
would be derived from transfers and deobligations. NOS, NWS, and NESDIS
received funding levels greater than any approved previously; however, NMFS, OAR
and Program Support received decreases. Funding for PAC was reduced, but funding
for Other Accounts increased, owing to an additional $40 million authorized as a
final payment for the 1999 Pacific Coastal Salmon Treaty. The conferees also
approved a transfer of $10 million for Alaskan seafood marketing program from the
PDAF account (Section 209), and $3 million for Louisiana oyster industry relief from
NMFS funding. Further, $7 million was rescinded from unobligated balances under
“Coastal Impact Assessment.” Conferees appropriated $50.9 million for fisheries
replacement vessel (FRV) #2 under Program Support. NOAA’s Administrative
expenses for FY2003 were capped at $243 million. Notable funding for FY2003 also
included $574 million for the weather satellites system (NESDIS), and $760 million
for the National Weather Service “to ensure better weather forecasting.”
The National Institute of Standards and Technology (NIST) received $712.1
million in appropriations for FY2003, an increase of almost 5% above FY2002.
Included in this figure is $359.4 million for intramural R&D performed under the
Scientific and Technical Research and Services (STRS) account, $180 million for the
Advanced Technology Program (ATP), $106.6 million for the Manufacturing
Extension Partnership (MEP), and $66.1 million for construction. Funding for
activities under the STRS account is 12% above the previous fiscal year while
support for ATP and MEP remain fairly constant.
The Bush Administration’s FY2004 budget request includes $496.8 million for
NIST, 30% less than the FY2003 appropriation. The major portion of this decreased
funding is due to significant cuts in support for the Advanced Technology Program
and the Manufacturing Extension Partnership, two extramural programs operated by
NIST. The $27 million requested for ATP is to cover on-going commitments; no
new projects would be funded. The $12.6 million for MEP is to finance the14
operation of centers that have not reached 6 years of federal support. Internal


14 For additional information see CRS Report 97-104, Manufacturing Extension Partnership
Program: An Overview, by Wendy H. Schacht.

agency R&D under the STRS account would receive $387.6 million, an increase of

8% over the previous fiscal year. The construction budget would be $69.6 million.15


Continued support for the Advanced Technology Program has been a major
funding issue.16 ATP provides “seed financing,” matched by private sector
investment, to businesses or consortia (including universities and government
laboratories) for development of generic technologies that have broad applications
across industries. Opponents of the program cite it as a prime example of “corporate
welfare,” whereby the federal government invests in applied research activities that,
they maintain, should be conducted by the private sector. The Clinton
Administration defended ATP, arguing it assisted businesses (and small
manufacturers) develop technologies that, while crucial to industrial competitiveness,
would not or could not be developed by the private sector alone. Since FY2000, the
initial appropriation bills passed by the House have contained no further funding for
ATP, although the program has continued to receive funding in the final versions of
the appropriations bills. The Bush Administration’s FY2004 budget proposal once
again would eliminate the program.
The Office of the Undersecretary for Technology and the Office of
Technology Policy (OTP) was funded at $9.9 million in FY2003, a 21% increase
over the previous fiscal year. The Bush Administration’s FY2004 budget calls for
funding OTP at $8 million.
For FY2003, the National Telecommunications and Information
Administration (NTIA)received $73.7 million, including $15.5 million for the
Technology Opportunities Program (TOP) grants (the Administration had requested
the elimination of the TOP grants in FY2003), $43.6 million for the Public
Telecommunications Facilities, Planning and Construction (PTFPC) program, and
$14.7 million for salaries and expenses. For FY2004, the Bush Administration has
proposed that NTIA receive $21.4 million, down from $73.7 million appropriated for
FY2003. Much of this change would come from the Bush Administration’s intent
to eliminate funding in FY2004 for TOP, and to suspend the PTFPC program by
giving it $3 million to finish ongoing projects. While critics of the TOP grants
contend that the program has achieved its objectives of funding pilot programs in
areas that do not have easy or direct access to the Internet or high-speed
telecommunications, supporters maintain that the program is very important to
closing the “digital divide.” For PTFPC, the Bush Administration would like the
Corporation for Public Broadcasting to pick up responsibility of this program, which
in recent years has supported conversion of public broadcast transmission to digital.
Finally, the Bush Administration has proposed that salaries and expenses for NTIA,
the third part of the administration’s budget, be $18.8 million for FY2004.
The Government Performance and Results Act (GPRA) enacted by Congress
in 1993 (P.L. 103-62; 107 Stat 285) required that agencies develop strategic plans


15 For more information see CRS Report 95-30, The National Institute of Standards and
Technology: An Overview, by Wendy H. Schacht.
16 For additional information see: CRS Report 95-36, The Advanced Technology Program,
by Wendy H. Schacht.

that contain goals, objectives, and performance measures for all major programs.
The latest Strategic Plan issued by the Department of Commerce for years FY2000-
FY2005 listed three strategic goals:
!Strategic Goal l. Provide the information and the framework to
enable the economy to operate efficiently and equitably.
!Strategic Goal 2. Provide infrastructure for innovation to enhance
American competitiveness.
!Strategic Goal 3. Observe and manage the Earth’s environment to
promote sustainable growth.
As mandated by GPRA, the Department’s FY2001 Annual Program
Performance Report and FY2003 Annual Performance Plan were released with the
FY2002 budget proposal. Both the program plan and report are available at:
[ http://www.doc.gov/bmi/budget/] .
Title II. Department of Commerce and Related Agencies
(millions of dollars)
Senate
F Y 2002 F Y 2003 House H.J.Res. F Y 2003
Department or AgencyEnactedRequestH.R. 2472Enacted
Departmental Management63.070.968.962.165.6
Bureau of the Census479.5705.3557.7558.9554.5
Economic and Statistical
Analys is 62.5 73.2 73.2 72.2 72.2
International Trade
Admi nistration 345.5 363.7 360.8 350.2 362.2
Bureau of Industry and
Security 70.6 100.2 69.9 100.2 74.7
Minority Business
Development Agency28.428.928.928.928.9
National Oceanic and
Atmospheric Administration3,249.73,130.62,965.93,349.53,194.6
Patent and Trademark Officea(1,127.5)(1,304.4)(1,256.0)(1,205.6)(1,182.0)
Technology Administration8.27.97.97.99.9
National Institute of Standards
and Technology684.8563.1515.5721.2712.1
National Telecommunications
and Information
Admi nistration 81.3 60.3 75.2 73.5 73.8
Economic Development
Admi nistration 365.6 348.0 348.0 288.7 320.8
Subtotal: Commerce
Department 5,723.0 5,552.2 5,171.9 5,830.0 5,685.8



Senate
F Y 2002 F Y 2003 House H.J.Res. F Y 2003
Department or AgencyEnactedRequestH.R. 2472Enacted
Office of the U.S. Trade
Representative 30.1 32.3 32.0 33.0 35.0
International Trade
Commi ssion 51.4 54.0 53.0 54.6 54.0
Subtotal: Related Agencies81.586.385.087.689.0
Total: Dept. of Commerce
and Related Agencies5,804.55,638.55,256.95,917.65,774.8
a The Patent and Trademark Office (PTO) is fully funded by user fees. The fees collected, but not
obligated during the current year, are available for obligation in the following fiscal year. The
prior-year carryover funds count against the FY2003 total appropriation for the Dept. of
Commerce. For example, in the enacted FY2002 amount, $282.3 million in prior-year carry
over funds (plus $1.5 in emergency supplemental funds) counted toward the Commerce
Department total, but current year fee funding does not.
Related Legislation
S. 149 (Enzi et al.); H.R. 2581 (Gilman)
Export Administration Act of 2001. A bill to provide authority for national
security and foreign policy export controls. S. 149 introduced January 23, 2001;
reported from the Senate Banking Committee with amendments, March 22, 2001;
passed the Senate on September 6, 2001; H.R. 2581 introduced, July 20, 2001;
reported by the House International Relations Committee with amendments, August

1, 2001; reported by the House Armed Services Committee with amendments,


March 6, 2002.
H.R. 4687 (Boehlert)
National Construction Safety Team Act. Bill provided for the establishment of
investigative teams to assess building performance and emergency response and
evacuation procedures in the wake of any building failure that has resulted in
substantial loss of life or that posed significant potential loss of life.
S. 2862 (McCain)
Firefighting Research and Coordination Act. Bill provided for the development
of standards for firefighter equipment and improve intergovernmental coordination
of first responder training programs. The bill was reported by the Senate Committee
on Commerce, Science, and Transportation on November 18, 2002.
Additional Reading
CRS Report 95-36. The Advanced Technology Program, by Wendy H. Schacht.
CRS Report RL31680, Homeland Security: Standards for State and Local
Preparedness, by Ben Canada.



CRS Report 97-104. Manufacturing Extension Partnership: An Overview, by
Wendy H. Schacht.
CRS Report 95-30. The National Institute of Standards and Technology: An
Overview, by Wendy H. Schacht.
CRS Report RL31117. National Oceanic and Atmospheric Administration (NOAA):
Review of FY2002 Budget Request and Appropriations, by Wayne A.
Morrissey.
CRS Report RL30169. Reauthorization of the Export Administration Act,
coordinated by Ian F. Fergusson.
CRS Report RS20906. U.S. Patent and Trademark Office Appropriations Process:
A Brief Explanation, by Wendy H. Schacht.
The Judiciary
Background
Typically, Title III of the CJS appropriation covers funding for the Judiciary.
By statute (31 U.S.C. 1105 (b)) the judicial branch’s budget is accorded protection
from presidential alteration. Thus, when the President transmits a proposed federal
budget to Congress, he must forward the judicial branch’s proposed budget to
Congress unchanged. That process has been in operation since 1939. The total
appropriation for the Judiciary in FY2002 was $4.71 billion.
The Judiciary budget consists of more than 10 separate accounts. Two of these
accounts fund the Supreme Court of the United States — one covering the Court’s
salary and operational expenses and the other covering expenditures for the care of
its building and grounds. Traditionally, in a practice dating back to the 1920s, one
or more of the Court’s Justices appear before either a House or Senate appropriations
subcommittee to address the budget requirements of the Supreme Court for the
upcoming fiscal year, focusing primarily on the Court’s salary and operational
expenses. Subsequent to their testimony, the Architect of the Capitol submits a
request for the Court’s building and grounds account.17 Although it is at the apex of
the federal judicial system, the Supreme Court represents only a very small share of
the Judiciary’s overall funding. For FY2002, the total appropriations enacted for the
Supreme Court’s two accounts, $107.5 million, were less than 2.3% of the
Judiciary’s overall appropriation of $4.71 billion.
The rest of the Judiciary’s budget provides funding for the “lower” federal
courts and for related judicial services. Among the lower court accounts, one dwarfs


17 By authority of the Act of May 7, 1934 (P.L. 73-211), the Architect of the Capitol is
responsible for the structural and mechanical care of the Supreme Court building, including
care of its grounds. The Architect, however is not charged with responsibility for custodial
care, which is under the jurisdiction of the Marshal of the Supreme Court.

all others — the Salaries and Expenses account for the U.S. Courts of Appeals and
District Courts. The account, however, covers not only the salaries of circuit and
district judges (including judges of the territorial courts of the United States), but also
those of retired justices and judges, U.S. Court of Federal Claims, bankruptcy and
magistrate judges, and all other officers and employees of the federal Judiciary not
specifically provided for by other accounts.
Other accounts for the lower courts include Defender Services (for
compensation and reimbursement of expenses of attorneys appointed to represent
criminal defendants), Fees of Jurors, the U.S. Court of International Trade, the
Administrative Office of the U.S. Courts, the Federal Judicial Center (charged with
furthering the development of improved judicial administration), and the U.S.
Sentencing Commission (an independent commission in the judicial branch, which
establishes sentencing policies and practices for the courts).
The annual Judiciary budget request for the courts is presented to the House and
Senate appropriations subcommittees after being reviewed and cleared by the Judicial
Conference, the federal court system’s governing body. These presentations, typically
made by the chairman of the Conference’s budget committee, are separate from
subcommittee appearances a Justice makes on behalf of the Supreme Court’s budget
request.
The Judiciary budget does not appropriate funds for three “special courts” in the
U.S. court system: the U.S. Court of Appeals for the Armed Forces (funded in the
Department of Defense appropriations bill), the U.S. Tax Court (funded in the
Treasury, Postal Service appropriations bill), and the U.S. Court of Appeals for
Veterans Claims (funded in the Department of Veteran Affairs and Housing and
Urban Development appropriations bill). Construction of federal courthouses also
is not funded within the Judiciary’s budget. The usual legislative vehicle for funding
federal courthouse construction is the Treasury, Postal Service appropriations bill.
(For more details on individual appropriations for Judiciary functions, see the
appendix.)
FY2003 Funding Issues
Overview of the Judiciary’s Budget Request for FY2003. The FY2003
appropriations bill (H.Rept. 108-10) provided $4.92 billion for the Judiciary —
roughly $324 million below the requested level, but $197 million above the FY2002
amount. Earlier in the 108th Congress, the Senate had set total funding for the
Judiciary at $4.95 billion, compared with $4.97 billion in a House-introduced bill.
For more detail on 108th House and Senate funding levels, see table at the end of this
section and in the appendix.
For FY2003, the Judiciary had requested $5.24 billion in total funding. More
than three quarters of this amount, $4 billion, was to be in the Judiciary’s largest
account, Salaries and Expenses for the Courts of Appeals, District Courts and Other
Judicial Services. The FY2003 omnibus appropriations bill provided $3.8 billion for
this account, a 5.6% increase over FY2002 funding of $3.6 billion.



In keeping with the Judiciary’s request, the omnibus FY2003 appropriations bill
provided increases for all of the other Judiciary accounts, except for two — the
Supreme Court’s Building and Grounds account and Judicial Retirement Funds.18
In a separate bill, Congress also agreed to the Judiciary’s request for a cost-of-living
salary adjustment for federal judges and justices. That request, as well as those for
the Supreme Court, and for two of the Judiciary’s other larger accounts, Court
Security and Defender Services, are discussed in the following paragraphs.19
Supreme Court. The budget request of the Supreme Court for FY2003, as
customary, was in two parts. For its first account, Salaries and Expenses, the Court20
had requested $46.3 million — 15.8% over FY2002 budget authority. The enacted
FY2003 appropriations bill provided $45.7 million, roughly $600,000 below the
requested level, but $5.7 million above the FY2002 amount.
For the Court’s second account, Care of the Building and Grounds, the FY2003
omnibus bill provided $41.6 million, roughly $12 million below the requested level21
and $26 million below the FY2002 amount. However, House and Senate conferees
(p. 734 of H.Rept. 108-10) said that they understood that “these additional
obligations [of $12 million] will occur in subsequent fiscal years and therefore may
be budgeted in those fiscal years.”
Court Security. The enacted FY2003 omnibus appropriation bill provided
$268.4 million for this account, which is roughly $29.8 million below the requested
level and $47.7 million above the FY2002 level. Conferees for the FY2003 bill (p.
736 of H.Rept. 108-10) noted that Court Security “is a unique account appropriated
to the Judiciary but primarily managed by the Department of Justice.” The conferees
said they expected the Director of the U.S. Marshals Service “to provide the same
level of budgetary and program oversight to this program as programs appropriated
directly to the U.S. Marshals Service.”


18 The FY2003 appropriations bill provided the same amount for Judicial Retirement Funds
as that requested by the Judiciary, $35.3 million, a 4.6% decrease from FY2002.
19 For more information FY2003 funding for the Judiciary, see Congressional Record, daily
edition, vol. 149, Feb. 12, 2003 (Book II), p. H932.
20 Most of the requested increase, $4.0 million, the Court said, was to fund adjustments to
base and maintain current services. The rest of the increase, $2.3 million, was for program
increases, including $1.6 million for automation enhancements.
21 In its FY2003 budget submission, the Court had specified that $49.8 million of its $53.6
million request would be carried forward from FY2002 and retained in the budget base on
a “No Year” basis for the Supreme Court Building modernization project. The request for
a decreased appropriation for this account in FY2003 followed the FY2002 enacted
appropriation of $37.5 million and an emergency supplemental of $30.0 million provided
for security. The two separate appropriations, according to the Judiciary, allowed $63.8
million to be made available for the Court building’s modernization project in FY2002. In
addition, the Court requested a second emergency FY2002 appropriation of $10 million for
its Building and Grounds account, to pay for Court perimeter security enhancements. The
$10 million as requested was included in the supplemental appropriations bill, H.R. 4775,
which was signed into law (P.L. 107-206) on August 2, 2002. The FY2003 omnibus bill
provided no additional funds from FY2002 emergency supplemental appropriations.

The Judiciary had requested $298.2 million, a 7.2% increase, which, it
explained, included $45.6 million for the annualized, recurring costs associated with
increased court security officer hours, additional deputy U.S. marshals, and enhanced
screening (all of which were implemented subsequent to the September 11, 2001
terrorist attacks in New York City and Washington, D.C.) The largest requested
program increase, of $5.4 million, would fund perimeter security improvements at
federal court courthouses.
Besides seeking funding for Court Security in its regular annual appropriation,
the Judiciary, since September 11, 2001, had obtained emergency supplemental
funding. Of $278.2 million appropriated for Court Security in FY2002, $77.2 million
came from emergency supplemental funding to enhance security at federal court
facilities nationwide. Of the $77.2 million, $19.7 million was provided by the
President through an emergency allocation on October 17, 2001, and $57.5 million
came from the supplemental signed by the President on January 10, 2002, P.L. 107-

117.


Subsequently, on July 19, 2002, another emergency supplemental bill, H.R.
4775, was approved by House-Senate conferees, which included additional funding
for court security measures, though not in the Judiciary’s Court Security account.
(Following its approval in conference, H.R. 4775 was passed by the House and
Senate on July 23 and 24, 2002, respectively, and signed into law (P.L. 107-206) on
August 2, 2002.) As noted above, H.R. 4775 included $10.0 million to address the
Supreme Court building’s perimeter security needs. In addition, the supplemental
bill included $7.1 million for increased costs associated with terrorist-related trials
in Alexandria, VA; Boston; and New York City. (The $7.1 million appropriation
was to go to the Judiciary’s Courts of Appeals, District Courts, and Other Judicial
Services — Salaries and Expenses account.) Of the $7.1 million, $5.2 million was
for perimeter security enhancements such as protective window film for courts with
terrorist trials, and $1.9 million for costs associated with the closed circuit
transmission of the criminal trial of Zacarias Moussaoui to victims of the September

11, 2001 attacks.22


Defender Services. This account funds the operations of the federal public
defender and community defender organizations, and the compensation,
reimbursement and expenses of private practice “panel attorneys” appointed by the
courts to serve as defense counsel to indigent individuals accused of federal crimes.
The FY2003 omnibus bill provided $538.5 million, which is roughly $50.2 million
below the request, but $37.8 million above the FY2002 amount.


22 The $7.1 million amount appropriated in H.R. 4775 specifically for federal courts with
terrorist-related trials was much less than what the Judiciary sought for its Court Security
account in the supplemental legislation. Specifically, the Judiciary requested $240 million
for protective film or laminate for windows in federal courthouses throughout the country.
Conferees for H.R. 4775 also declined to approve the Judiciary’s request for $857,000 for
security improvements at the U.S. Court of Appeals for the Federal Circuit in Washington,
D.C. The conferees said they strongly supported the security needs of the Federal Circuit
court and understood that the General Services Administration (GSA) was working with the
court to provide for its security needs.

Earlier, the Judiciary had sought $588.8 million, a 17.6% increase. Nearly all
of the requested increase, $87.5 million, according to the Judiciary, consisted of
adjustments to base to maintain current services. Specifically, of that overall
amount, $30.1 million would “annualize” in FY2003 the hourly increase in the pay
rate of panel attorneys approved by Congress in the FY2002 CJS-Judiciary bill.23
Another $17.1 million in requested funding would increase the hourly panel attorney
rate from $90 to $113 effective April 1, 2003. In its FY2003 budget submission to
Congress, the Judiciary termed the requested $17.1 million increase as an adjustment
to base “rate adjustment” rather than a program increase. The Judiciary explained
that under the Criminal Justice Act, as revised in 1986, the Judicial Conference is
authorized to make annual adjustments to the panel attorney hourly pay rate.
Accordingly, funding to increase the hourly rate to $113, the Judiciary said, would
ensure that it would not be “further eroded by inflation.”
Conferees for the FY2003 omnibus bill explained (in H.Rept. 108-10, p. 735)
that their agreement included an increase, as requested by the Judiciary, of $30.1
million to annualize the panel attorney rate increase provided in FY2002. They
noted, however, that their agreement did not include the requested additional funding
for an increase in the pay rate for panel attorneys to $113 an hour.24
Cost-of-Living Increase in Judges’ and Justices’ Salaries. The Ethics
Reform Act of 1989 (P.L. 101-194, Sec. 704) created a statutory mechanism under
which judges and other federal officials are to receive an annual salary adjustment,
based on the Employment Cost Index (ECI), effective January 1. However, under the
provisions of P.L. 97-92, Sec. 140, such annual adjustments for the judiciary must
be specifically approved by Congress. Because the 107th Congress adjourned without
enacting the permissive language, the January 2003 salary adjustment of 3.1%, which
went into effect for Members of Congress and other legislative and executive branch
officials, did not go into effect for the Judiciary. Subsequently, however, P.L. 108-6
(H.R. 16, 108th Congress) was enacted, providing that the judges would receive the25
pay increase, retroactive to January 1, 2003.


23 For FY2001, the pay rate for panel attorneys was $75 in-court and $55 out-of-court in
most locations, which the Judiciary said was well below the amount the attorneys needed
just to cover their overhead costs. In response, Congress agreed on an FY2002 increase in
panel attorney pay to $90 per hour both in- and out-of-court, effective no later than May 1,

2002.


24 The requested additional funding for a pay rate increase was turned down, they said,
because of the “uncertainties between localities, the size of the increase approved in fiscal
year 2002, and the level of funding required to annualize this increase in fiscal year 2003.”
25 For more detailed discussion of judicial salary policies, see CRS Report RS20278,
Judicial Salary-Setting Policy, by Sharon S. Gressle. On February 20, 2003, President Bushth
signed the Consolidated Appropriations Resolution, 2003 (H. J. Res. 2, 108 Congress). As
passed by the Senate, that measure would have authorized the receipt of the pay raise by the
judiciary (Sec. 304). However, that section was excised in conference. The situation was
further complicated because Sec. 637 provided an increase in the January 2003 salary
adjustment for General Schedule (GS) employees, and that could have an impact on judicial
salaries. Under the Ethics Reform Act, as amended, the salaries of officials are limited to
the rate of adjustment in basic pay for the GS. The ECI adjustment for officials’ salaries
(continued...)

Earlier, in July 2002, the Senate Appropriations Committee had recommended,
and provided $8 million in funding for, a 4.1% cost-of-living increase in the salaries
of lower federal court judges and Supreme Court justices (S. 2778, Sec. 304). Prior
to the Senate committee action, the Judiciary, in its FY2003 budget submission, had
requested $7.0 million to fund a 2.6% cost-of-living increase for judges and justices,
consistent with the expected 2003 salary adjustment for federal employees.26
The FY2003 pay adjustment follows similar upward adjustments in judges’ and
justices’ salaries which Congress approved in fiscal years 2002, 2001, 2000, 1998,
and 1993. Congress, however, declined to authorize such adjustments for FY1999
or for fiscal years 1994 through 1997.
As part of the budget process, the Government Performance and Results Act
(GPRA) enacted by Congress in 1993 (P.L. 103-62; 107 Stat. 285) requires that
agencies develop strategic plans that contain goals, objectives, and performance
measures for all major programs. However, as noted earlier, the judicial branch is
not subject to the requirements of this Act.
Title III. Judiciary
(millions of dollars)
HouseSenate
F Y 2002 F Y 2003 Bill Bill F Y 2003
Department or AgencyEnacted RequestH.R. 247H.J.Res. 2Enacted
Supreme Court — Salaries
and Expenses40.046.345.744.445.7
Supreme Court —
Building and Grounds67.553.641.653.341.6
U.S. Court of Appeals for
the Federal Circuit19.321.920.520.120.3
U.S. Court of International
T r ade 13.1 13.8 13.7 13.5 13.7


25 (...continued)
was scheduled to have been 3.3%. Since the adjustment in GS basic rates of pay went into
effect at 3.1%, the salary adjustment for officials was held to that rate. If at least 0.2% of
the additional 1% enacted under the new law were applied to GS basic pay, the adjustments
for officials would automatically increase to the full 3.3%.
26 The Judiciary request came on the heels of the 2001 Year-End Report on the Federal
Judiciary of Chief Justice William H. Rehnquist, who maintained that more than a cost-of-
living adjustment was needed in the way of a judicial salary increase. The Chief Justice
cited the “relatively low pay that federal judges receive, compared to the amount that a
successful, experienced practicing lawyer can make.” This, he said, along with the “often
lengthy and unpleasant nature of the confirmation process,” makes it “increasingly difficult
to find qualified candidates for federal judicial vacancies.” U.S. Administrative Office of
the U.S. Courts, “2001 Year-End Report on the Federal Judiciary,” The Third Branch, vol.

34, January 2002, p. 2.



HouseSenate
F Y 2002 F Y 2003 Bill Bill F Y 2003
Department or AgencyEnacted RequestH.R. 247H.J.Res. 2Enacted
Courts of Appeals,
District Courts, Other
Judicial Services —
Salaries and Expenses3,591.14,014.13,819.13,814.23,800
Vaccine Injury Act Trust
Fund 2.7 2.8 2.8 2.8 2.8
Defender Services500.7588.7545.1531.8538.5
Fees of Jurors and
Commi ssioners 48.1 57.8 54.6 54.6 54.6
Court Security278.2298.2286.2276.3268.4
Administrative Office of
the U.S. Courts64.566.964.964.763.5
Federal Judicial Center19.721.920.920.220.9
Retirement Funds37.035.335.335.335.3
U.S. Sentencing
Commi ssion 11.6 13.2 12.3 11.8 12.1
General Provisions —
Judges’ Pay Raise8.67.07.98.00
Total: Judiciary4,707.25,241.64,970.64,950.94,917.4
Related Legislation
P.L. 107-273 (H.R. 2215)st
21 Century Department of Justice Appropriations Authorization Act. Includes
provision for eight new permanent district judgeships, seven new temporary district
judgeships, and conversion of four temporary district judgeships to permanent
judgeships. Introduced in House, June 19, 2001; reported by Judiciary Committee
(H.Rept. 107-125), July 10, 2001; passed House on voice vote, July 23, 2001.
Reported by Senate Judiciary Committee with an amendment in nature of a substitute
(without written report), October 30, 2001; passed Senate with amendments by
Unanimous Consent, December 20, 2001. Conference report (H.Rept. 107-685)
filed, September 25, 2002; report agreed to in House, September 25, 2002, by 400-4
vote; report agreed to in Senate by Unanimous Consent, October 3, 2002. Bill
signed into law by President (P.L. 107-273).
H.R. 272 (Gonzalez)
Companion bill to S. 147. Introduced and referred to Judiciary Committee,
January 30, 2001; referred to Subcommittee on Courts, the Internet, and Intellectual
Property, February 12, 2001.
H.R. 570 (Biggert)
Federal Judicial Fairness Act of 2001. Repeals Federal statute limiting salary
increases for Federal judges or Supreme Court Justices to those specifically
authorized by Act of Congress, increases judicial pay immediately by 9.6%, and



provides for automatic annual cost-of-living increases in judicial salaries.
Introduced, and referred to Judiciary Committee, February 13, 2001; referred to
Subcommittee on Courts, the Internet and Intellectual Property, February 23, 2001.
H.R. 2522 (Coble)
Federal Courts Improvement Act of 2001. Sets forth or modifies various
provisions regarding judicial process (including bankruptcy administrator authority
to appoint trustees) and judicial personnel administration, benefits, and protections,
(including provisions concerning disability retirement and cost-of-living adjustments
of annuities for territorial judges, compensation for Federal Judicial Center
employees; annual leave limit for judicial branch executives; and supplemental
benefits for judicial branch employees). Introduced, and jointly referred to Judiciary
Committee and Committee on Education and the Workforce, July 17, 2001.
Referred to Judiciary Subcommittee on Courts, the Internet, and Intellectual Property,
July 20, 2001; subcommittee hearings held, July 26, 2001. Jointly referred to
Education and Workforce Subcommittee on Employer-Employee Relations and
Subcommittee on 21st Century Competitiveness, October 9, 2001.
H.R. 4125 (Coble)
Federal Courts Improvement Act of 2002. Makes various administrative
changes to federal judiciary procedures and allows for the establishment of a
supplemental benefits program for officers and employees of the judicial branch.
Introduced and referred to Judiciary Committee, April 10, 2002; referred to Judiciary
Subcommittee on Courts, the Internet, and Intellectual Property, April 26, 2002;
approved and reported to full Judiciary Committee, May 1, 2002; reported as
amended by full Judiciary Committee (H.Rept. 107-700), September 30, 2002;
passed House by 370-21 vote, October 1, 2002. Received in Senate, Oct. 2, 2002.
S. 147 (Feinstein)
Southwest Border Judgeship Act of 20001. Creates, in federal judicial districts
in four southwest border States, nine permanent district judgeships and nine
temporary district judgeships. Introduced, and referred to Judiciary Committee,
January 23, 2001.
S. 1162 (Feinstein)
Companion bill to H.R. 570 (below). Introduced, and referred to Judiciary
Committee, July 11, 2001.
Additional Reading
CRS Report 98-527. Federal Courthouse Construction, by Stephanie Smith.
CRS Report RS20278. Judicial Salary-Setting Policy, by Sharon S. Gressle.
U.S. Administrative Office of the United States Courts. “[Chief Justice’s] 2002 Year-
End Report on the Federal Judiciary,” The Third Branch, vol. 34, January 2002,
pp. 1-8, available at [http://www.uscourts.gov/ttb/jan03ttb/jan03.html], visited
March 17, 2003.



Department of State and International Broadcasting
Background
The State Department, established July 27, 1789 (1 Stat.28; 22 U.S.C. 2651),
has a mission to advance and protect the worldwide interests of the United States and
its citizens. Currently, the State Department supports the activities of more than 50
U.S. agencies and organizations operating at 257 posts in 180 countries. As covered
in Title IV, the State Department funding categories include administration of
foreign affairs, international operations, international commissions, and related
appropriations. The enacted FY2002 State Department appropriation was $7.9
billion. Typically, more than half of State’s budget (about 71% allocated for
FY2002) is for Administration of Foreign Affairs, which consists of salaries and
expenses, diplomatic security, diplomatic and consular programs, technology, and
security/maintenance of overseas buildings.
The Foreign Relations Authorization for FY1998-1999 (P.L. 105-277) provided
for the consolidation of the foreign policy agencies. As of the end of FY1999, the
Arms Control and Disarmament Agency (ACDA) and the United States Information
Agency (USIA) were abolished, and their budgets and functions were merged into
the Department of State.
Security issues have remained a top priority since the August 7, 1998 terrorist
attacks on two U.S. embassies in Africa. An immediate response was a $1.56 billion
supplemental enacted by the end of that year. In November 1999, the Overseas
Presence Advisory Panel reported its findings on embassy security needs and
recommendations. Also in November 1999, Congress authorized (P.L. 106-113)
$900 million annually for FY2000 through FY2004 for embassy security spending
within the embassy security, construction and maintenance (ESCM) account, in
addition to worldwide security funds in the diplomatic and consular programs
(D&CP) account.
After the September 11, 2001 terrorist attack, Congress passed emergency
supplemental funds (P.L. 107-38 and P.L. 107-117) which included a total of $254.9
million for counter-terrorist and emergency response activities within the Department
of State and $47.9 million for international broadcasting. In addition, Congress
passed an FY2002 supplemental (H.R. 4775; H.Rept. 107-593) which provided $303
million for the Department of State and $15.1 million for international broadcasting.
(For an account-by-account presentation, see CRS Report RL31370, State
Department and Related Agencies: FY2003 Appropriations.)
The United States contributes in two ways to the United Nations and other
international organizations: (1) voluntary payments funded in the Foreign Operations
Appropriations bill and (2) assessed contributions included in the Commerce, Justice,
and State Appropriations measure. Assessed contributions are provided in two
accounts, international peacekeeping (CIPA) and contributions to international
organizations (CIO). Following a period of dramatic growth in the number and
costs of U.N. peacekeeping missions during the early 1990s, a trend that peaked in
FY1994 with a $1.1 billion appropriation, funding requirements have declined in



recent years. The FY2000 enacted appropriation for CIO was $885 million, $500
million for international peacekeeping, and $351 million for U.S. arrearage payments
to the U.N. if certain reform criteria were met. Only $100 million of the appropriated
arrearage payments had been released because the reforms had not been
implemented. After the United States lost its seat on the U.N. Human Rights
Commission in 2001, the Foreign Relations Authorization bill added a provision
(Sec. 601, H.R. 1646) that would have restricted payment of $244 million of U.S.
arrearage payments to the U.N. until the United States regained its seat. After the
September 11th attacks, however, Congress passed S. 248 (P.L. 107-46) which
authorized arrearage payments to the U.N. (For more detail, see CRS Issue Brief
IB86116, U.N. System Funding: Congressional Issues, by Vita Bite).
International broadcasting, which had been a primary function of the USIA
prior to 1999, is now carried out by an independent agency referred to as the
Broadcasting Board of Governors (BBG). The BBG includes the Voice of America
(VOA), Radio Free Europe/Radio Liberty (RFE/RL), Cuba Broadcasting, Radio Free
Asia (RFA), Radio Free Iraq, Radio Free Iran and the newly-authorized Radio Free
Afghanistan. The BBG’s FY2002 appropriation was $498.2 million including funds
for over 3,400 staff positions. In FY2002 the BBG began a pilot project to create a
new Middle East Radio Network (MERN) by reallocating base funds. The
emergency supplementals passed in 2001 and 2002 included funding for expanded
broadcasting by VOA and RFE/RL to Muslim audiences in and around Afghanistan
and the creation of Radio Free Afghanistan.
FY2003 Funding Issues
The Administration’s FY2003 budget request for the Department of State and
international broadcasting totaled $8.1 billion, 3.5% above the FY2002 enacted level
of $7.9 billion ($8.16 billion including supplementals). The request was comparable
to the FY1999 enacted level which also included the $1.56 billion emergency
supplemental appropriation for overseas security and Y2K computer compliance.
Secretary of State Colin Powell testified before House and Senate committees in
February, March, and April, 2002, that the Administration’s State Department budget
request for FY2003 continued to have the same three top priorities as the previous
year: 1) embassy construction and security; 2) information technology; and 3) hiring
additional Foreign and Civil Service staff.
The House FY2003 funding for State Department and broadcasting (H.R. 247)
totaled $7.9 billion while the Senate level was set at $7.7 billion by H.J.Res. 2. The
enacted total was $7.9 billion.
In early summer 2002, Congress debated whether to keep the authority of
overseas visa issuance within the Department of State or move it into a new
Department of Homeland Security. The Homeland Security Act (P.L. 107-296),
signed November 25, 2002, provided for the Secretary of Homeland Security to have
authority over visa issuance policies and regulations, while the activities and funding
of visa issuance will continue to be through the Department of State. (For more
detail the State Department budget, see CRS Report RL31370, State Department and
Related Agencies: FY2003 Appropriations and FY2004 Request, by Susan B.
Epstein.)



The Administration sent a supplemental request to Congress on March 21, 2002,
seeking an additional $51.05 million for D&CP, $2.5 million for CIF, $10 million for
educational and cultural exchanges, $200.516 million for ESCM and $8 million for
emergencies in diplomatic and consular service. Congress passed H.R. 4775
(H.Rept. 107-593) which provided FY2002 supplemental funding of $47.5 million
for diplomatic and consular programs; $15 million for educational and cultural
exchanges; $210.5 million for ESCM security; $7 million for U.S. contributions to
international organizations; $23 million for U.S. contributions to international
peacekeeping; and $15.1 million to international broadcasting accounts.
The President’s FY2003 request of $5,886.9 million for State’s administration
of foreign affairs was slightly above the FY2002 enacted level, including
supplemental funds. The administration of foreign affairs request included: $3,937
million for D&CP, $177 million for the capital investment fund (CIF); $245 million
for educational and cultural exchanges account; $1,305 million for ESCM; and $15
million for emergencies in the diplomatic and consular services account.
In the 108th Congress, the House recommended $5,719.7 million for the
administration of foreign affairs: $3,822.3 million for D&CP; $177 million for
CIF; $250.3 million for educational and cultural exchanges; $1,255 million for
ESCM; and $10.5 million for emergencies in the diplomatic and consular services.
The Senate set $5,534.5 million for administration of foreign affairs, $3,621.2 for
D&CP; $210 million for CIF, $237.7 million for educational and cultural
exchanges; $1,255.7 million for ESCM; and $6.5 million for emergencies in the
diplomatic and consular services. The final enacted amounts were $3,822.3 million
for D&CP; $183 million for CIF; $245.3 million for exchanges; $1,263.5 million for
ESCM; and $6.5 million for emergencies in diplomatic and consular services.
Continuing an emphasis on overseas security particularly after the September
11th attacks, the Administration requested a total of $1,308 million for worldwide
security upgrades, similar to last year’s funding. Of this total, $553 million was
within D&CP, primarily for ongoing expenses of past actions such as salaries for
more guards, maintenance of security technology, and hiring of 134 additional
security professionals. In addition, the Administration requested $755 million within
ESCM, largely for upgrading overseas facilities, improving perimeter security, and
meeting the needs of the most urgent embassy security projects. The House level was
the same as the Administration for both worldwide security upgrades accounts, while
the Senate set $579 million for worldwide security upgrades under the D&CP
account and $732.7 million for worldwide security upgrades under ESCM. The
enacted levels were those of the House and the Administration. (For more detail, see
CRS Report RL30662, Embassy Security: Background, Funding, and the Budget, by
Susan B. Epstein.)
The nonsecurity-related funding request of $3,383.8 million within D&CP was
primarily for salaries and expenses of personnel, as well as support for U.S.
diplomatic activities around the world. Secretary Powell testified that, while the
Department did get congressional approval and funding last year to increase hiring
by 360 general staff, 186 security professionals, and technical experts in 2002,
staffing gaps continue to exist. The FY2003 State Department request included
funding for 631 new positions. That would amount to an increase in new hires of



more than 1,100 within two years. The House level for nonsecurity DC&P funding
equaled $3,269.3 million and the Senate level was $3,042.1 million. Congress
passed the House level in the omnibus budget bill.
The capital investment fund (CIF), which was established in 1994, provides
for purchasing information technology and capital equipment to ensure efficient
management, coordination, operation, and utilization of State’s resources. For many
years, State Department officials have testified that the Department’s technology
problems — ranging from archaic telephones and copy machines to lack of
computers and Internet access — have received inadequate funding. This point was
evident after the September 11th terrorist attacks when the embassies did not have the
ability worldwide to communicate with each other or with State Department
headquarters in Washington, D.C. The FY2003 request equaled $177 million. The
House set the same level as the Administration request, while the Senate
recommended a higher level of $210 million. Congress enacted $183 million for
CIF in the final bill.
Educational and cultural exchange programs include programs such as the
Fulbright, Muskie, and Humphrey academic exchanges, as well as the international
visitor exchanges and some Freedom Support Act programs. Secretary of State
Powell testified on Capitol Hill that he believes exchange programs are critical to
promoting American ideals and democracy abroad. The Administration requested
$245.3 million for the FY2003 exchange account, an increase of about $8 million
(3.3%) over the FY2002 level. This amount would be the highest level for exchanges
since the mid-1990s when the Freedom Support and the Support for East European
Democracy (SEED) programs were first funded. The supplemental (P.L. 107-206)
provided an additional $15 million to increase exchanges with Muslim populations.
The House set its funding level for exchanges at $250.3 million; the Senate
recommended $237.7 million, lower because of the supplemental funding. The final
funding level amounted to $245.3 million, as the Administration had requested.
The Bush Administration requested $891.4 million for contributions to
international organizations (CIO). The request provided full funding of U.S.
assessed contributions to 43 international organizations including the World Health
Organization, the North Atlantic Treaty Organization, the International Atomic
Energy Agency, and the Organization for Economic Cooperation and Development.
In addition, the Administration requested (and received) $7 million within the
supplemental request to meet U.S. assessed obligations of costs of the U.N. Special
Representative’s operation in Afghanistan. The House bill set funding at $858
million while the Senate bill put it at $866 million. The Senate level was enacted by
Congress.
The Administration requested $726 million for international peacekeeping
($118.2 million less than the FY2002 level) which would provide funding for
ongoing peacekeeping activities in Kosovo, East Timor, Africa, and the Middle East.
Funds would also support War Crimes Tribunals for Yugoslavia and Rwanda. The
lower request reflected a lower peacekeeping assessment rate, and project
terminations or reduction of operations in specified areas. The Administration
requested that 15% of CIPA funds be provided as two-year funding because of the
unpredictability of requirements for this account from year-to-year. Within the



supplemental request, the Administration sought an additional $43 million for CIPA
to meet the U.S. share of projected increases in U.N. peacekeeping operations.
Congress provided $23 million for the supplemental request for this account. The
House funding level was identical to the Administration’s request. The Senate
recommended $673.7 million, which was the amount enacted.
The Administration’s FY2003 request for international broadcasting totaled
$507 million or about 2% above the FY2002 level including the emergency
supplemental. The request included $25.4 million for Cuba Broadcasting and $13.7
million for capital improvements. The request sought funding for surge broadcasting
to South/Central Asia and the Middle East, AM transmitting facilities in Egypt and
Djibouti, and broadcasting in Arabic and other languages among Muslim
populations. The capital improvements funding request of $13.7 million would
provide continued financial support for technical improvements and maintenance of
existing facilities, as well as medium wave transmission capability in the Middle
East. In addition, the Administration requested supplemental funding of $7.4 million
for expanding broadcasting services in the Dari and Pashto languages; Congress
provided 15.1 million for expanding those services and for infrastructure-related
needs in the supplemental. The House set total international broadcasting funds at
$509.5 million, with $13.7 million for capital improvements and nothing designated
for Cuba Broadcasting. The Senate passed $470.2 million for the total broadcasting
package, including $13.7 million for capital improvements and $25 million for Cuba
Broadcasting. Congress finally enacted a total of $506.6 million for international
broadcasting which included $12.7 million for capital improvements and $25
million for Cuba Broadcasting.
The Government Performance and Results Act (GPRA) enacted by Congress
in 1993 (P.L. 103-62; 107Stat 285) required that agencies develop strategic plans that
contain goals, objectives, and performance measures for all major programs. State’s
most recent GPRA report : U.S. Department of State Performance Plan, Fiscal Years
2001 - 2002, September 2001, established the following 8 categories of performance
goals: 1) National Security, including weapons of mass destruction and regional
stability; 2) Economic prosperity, such as open markets, U.S. exports, global
economic growth, and economic development; 3) American citizens and U.S. borders
with subcategories — American citizens, and travel and migration; 4) Law
enforcement with emphasis on international crime, illegal drugs, and countering
terrorism; 5) Democracy; 6) Humanitarian response; 7) Global issues including
environment, population, and health; 8) Diplomatic readiness — mutual
understanding, human resources, information resources, and infrastructure and
operations.



Title IV. Department of State and International Broadcasting
(millions of dollars)
SenateFY2003
F Y 2002 F Y 2003 House H.J.Res. Enacted
Department or AgencyEnactedRequestH.R.2472a
Administration of Foreign Affairs5,807.25,886.95,719.75,534.55,725.6
International Organizations and
Conferences 1,724.2 1,617.4 1,584.0 1,539.7 1,539.7
International Commissions60.567.357.161.157.5
Related Appropriations57.760.653.375.671.3
Subtotal: State Departmentb7,649.67,632.27,414.17,210.97,394.1
International Broadcasting513.3507.0509.5470.2506.6
Total: State Department, and
International Broadcasting8,162.98,139.27,923.67,681.17,900.7
a Figures do not include across-the-board rescissions.
b In addition to appropriations, State has authority to spend certain collected fees from machine
readable visas, expedited export fees, etc. The amount for such fees for FY2002 is $516.9
million; for FY2003 the estimate is $739.6 million.
Related Legislation
P.L. 107-228 (H.R. 1646, S. 1401, S. 1803)
The Foreign Relations Authorization Act, Fiscal Years 2002 and 2003. Would
authorize State Department spending of appropriations and other foreign relations
activities. Introduced April 27, 2001. Committee reported bill to House (H.Rept.
107-57). Passed by the House (352-73) May 16, 2001. Referred to Senate Foreign
Relations Committee May 17, 2001. Senate Foreign Relations Committee markup
held July 26. Committee reported bill to the Senate (S.Rept. 107-60) on September

4. Senate added S. 1803 as an amendment to H.R. 1646 and passed it May 1, 2002.


Conference was held September 18; the House passed the conference report by voice
vote on September 25; the Senate passed it by unanimous consent on September 26.
It was signed into law (P.L. 107-228) on September 30, 2002.
H.R. 3969 (Hyde)
The Freedom Promotion Act of 2002. Would promote U.S. public diplomacy
activities, exchange programs with predominately Muslim countries, and reorganize
international broadcasting. Introduced March14, 2002. Committee markup and
ordered reported April 25, 2002. Passed in the House by voice vote on July 22, 2002.
Additional Reading
CRS Report RL30662. Embassy Security: Background, Funding, and the Budget,
by Susan B. Epstein.
CRS Report RL31046. Foreign Relations Authorization, FY2002/2003: An
Overview, by Susan B. Epstein.



CRS Report RL31370. State Department and Related Agencies FY2003
Appropriations, by Susan B. Epstein.
CRS Issue Brief IB86116. U.N. System Funding: Congressional Issues, by Vita Bite.
Other Related Agencies
Background and Current Issues
This section includes all other related agencies covered by Title V of the CJS
appropriations bill whose FY2003 appropriations exceeded $1.8 million.27 The CJS
appropriations also cover funding for several relatively small governmental functions,
including several special government commissions. (See table below and in the
appendix for 108th House and Senate funding levels.) (For additional information on
the funding of other related agencies covered by this legislation, see Budget of the
United States Government, Fiscal Year 2003 — Appendix, 107th Cong.)
Maritime Administration (MARAD). MARAD administers programs that
aid in the development, promotion, and operation of the nation’s merchant marine
(including programs that benefit vessel owners, shipyards, and ship crews). The
Administration requested $207 million for MARAD for FY2003, $17.6 million less
than Congress appropriated in FY2002. The President’s budget request included $93
million for operations and training and $98.7 million for the Maritime Security
Program (MSP). MSP is a fleet of 47 privately-owned U.S. flag commercial vessels
engaged in international trade that are available to support the Department of Defense
in a contingency. The Administration requested $11 million for the disposal of four
obsolete ships in the National Defense Reserve Fleet. Congress appropriated no
funds for ship disposal in FY2002. Title XI, the Maritime Guaranteed Loan
Program, provides guaranteed loans for purchasing ships from U.S. shipyards and for
the modernization of U.S. shipyards. The President requested no additional funds for
loan guarantees for FY2003. In FY2002, Congress appropriated $33 million for Title
XI loan guarantees.
P.L. 108-7 provided $206.7 million, nearly the same level of funding for the
Maritime Administration as the Administration’s budget request. This includes no
additional funds for loan guarantees in the Title XI ship financing program.


27 Agencies which have received appropriations of less than $1.8 million include:
Commission for the Preservation of America’s Heritage Abroad ($490 thousand in FY2001;
$489 thousand requested for FY2002); Commission on Electronic Commerce (newly created
body, FY2000 funding was $1.4 million; no additional funding in FY2001or FY2002
request); Commission on Security and Cooperation in Europe ($1.37 million for FY2001;
$1.5 million requested for FY2002); the Marine Mammal Commission ($1.7 million for
FY2001; $1.7 million requested for FY2002), Commission on Ocean Policy ($1 million for
2001; nothing requested for FY2002), and the newly created Congressional/Executive
Commission on China ($500 thousand for 2001; $500 thousand requested for FY2002).

The Small Business Administration (SBA). The SBA is an independent
federal agency created by the Small Business Act of 1953. While the agency
administers a number of programs intended to assist small firms, arguably its three
most important functions are to guarantee — principally through the agency’s 7(a)
general business loan program — business loans made by banks and other financial
institutions; to make long-term, low-interest loans to victims of hurricanes,
earthquakes, other physical disasters, and acts of terrorism; and to serve as an
advocate for small business within the federal government.28
For FY2003, the President requested a total appropriation of $783 million for
SBA, including $352 million for S&E. The conference agreement provides SBA
with a total appropriation of $736.5 million, including $314 million for S&E.
Legal Services Corporation (LSC). 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 inception 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 laws, Congress traditionally has included legislative provisions
restricting the activities of LSC-funded grantees, such as prohibiting representation
in certain types of cases or conducting any lobbying activities.
Congress appropriated $329.3 million for LSC for FY2002. This was identical
to the FY2001 appropriation for LSC (after the rescission) and the Bush
Administration’s FY2002 budget request for LSC. The LSC appropriation for
FY2002 included $310 million for basic field programs, $12.4 million for
management and administration, $4.4 million for client self-help and information
technology, and $2.5 million for the inspector general. P.L. 107-77 also included
existing provisions restricting the activities of LSC grantees. ( For more detail, see
CRS Report 95-178. Legal Services Corporation: Basic Facts and Current Status,
by Carmen Solomon-Fears.)
For FY2003, the Bush Administration requested $329.3 million for the LSC,
which included $310 million for basic field programs, $13.3 million for management
and administration, $3.4 million for client self-help and information technology, and
$2.6 million for the inspector general. The budget request also continued all
restrictions on LSC-funded activities currently in effect. The Administration’s
FY2003 request for LSC ($329.3 million) was the same as the amount currently
obligated for the program for FY2002. Historically, the Corporation’s highest level
of funding was $400 million in FY1994 and FY1995.
For FY2003, the 107th Senate Appropriations Committee recommended a total
of $329.4 million for the LSC for FY2003 (S. 2778; S.Rept. 107-218). This is
$97,000 above the FY2002 appropriation for LSC and the Bush Administration’s


28 For information about the SBA, see CRS Report 96-649, Small Business Administration:
Overview and Issues, by Bruce K. Mulock

FY2003 budget request for the LSC (it included funds for a 4.1% pay adjustment).
The FY2003 Senate Committee budget request included $310 million for basic field
programs, $13.3 million for management and administration, $3.4 million for client
self-help and information technology, and $2.6 million for the inspector general. The
Senate Appropriations Committee’s FY2003 budget request also would have
continued all restrictions on LSC-funded activities currently in effect. The
conference agreement increases LSC funding by $9.5 million to $338.8 million for
FY2003 to offset decennial Census funding reallocations. This final appropriation
level was a compromise between the 108th House and Senate levels.
Equal Employment Opportunity Commission (EEOC). The
Commission enforces laws banning employment discrimination based on race, color,
national origin, sex, age or disability. The EEOC’s workload has increased
dramatically since the agency was created under Title VII of the Civil Rights Act of
1964. Passage of the Americans with Disabilities Act of 1990 and the Civil Rights
Act of 1991, as well as employees’ growing awareness of their rights, have made it
difficult for the agency’s budget and staffing resources to keep pace with its
heightened caseload.
Congress approved $279 million for the agency’s FY1999 budget, an increase
of $37 million. The following year the appropriation rose minimally to $282 million,
but the Commission received a $21 million increase for FY2001 ($303 million).
Despite this funding pattern, the EEOC was able to reduce by about 70% the backlog
of private sector charges from a high of 111,000 in mid-1995 and to reduce the
average processing time for private sector charges to 216 days. (The latter was
largely due to the Commission’s expanded use of alternative dispute resolution,
ADR, procedures, e.g. mediation).
The Congress complied with President Bush’s request for $310.4 million for
FY2002 — an increase of $7.2 million — to allow the agency to further enhance its
record in its private sector program and to make improvements in its federal sector
program, among other things. The Commission was directed to continue reducing
the backlog of private sector discrimination charges (32,481 in FY2001); it expressed
concern about the still high level of these charges and expected the agency to exceed
the small (6%) backlog reduction assumed in the Administration’s budget request.
The Bush Administration’s budget request of $323.5 million for the EEOC for
FY2003 included $14.7 million to fund the agency’s full share of federal employee
retirement costs as part of the Administration’s government-wide proposal; without
this cost, the FY2003 budget request was $308.8 million. The Commission had
anticipated achieving a 12.1% reduction in the backlog of private sector charges and
had expected to deal with the $1.6 million decrease from its FY2002 appropriation
through efficiencies realized from workforce restructuring.
The 108th Congress approved a $308.8 million budget for the EEOC for
FY2003, or $1.6 million less than for FY2002. The conferees expressed concern
about a budget shortfall for the year, unless the Commission is able to realize savings
in salaries, expenses, and other operational costs. Toward that end, the EEOC must
submit to the Appropriations Committees, within 60 days of the bill’s enactment, a
financial plan that includes steps the Commission will take to stay within its FY2003



appropriation level. As a continuing reflection of the importance Congress places on
the work of state and local fair employment practice agencies (FEPAs), $33.0 million
of the Commission’s appropriation is to go toward their funding and permit a
contract rate of $500 per charge. The conferees encouraged the EEOC to use the
FEPA experience with mediation as the Commission expands its ADR programs.
Commission on Civil Rights. The Commission collects and studies
information on discrimination or denials of equal protection of the laws. It received
an appropriation of $8.9 million in FY2000 and FY2001. The FY2002 enacted level
is $9.1 million. The President’s request for FY2003 was to continue funding at $9.1
million.
Federal Communications Commission (FCC). The FCC is an
independent agency charged with regulation of interstate and foreign communication
by means of radio, television, wire, cable and satellite. The FY2003 omnibus
funding bill has provided total budget authority of $271 million for the FCC, with
$269 million to be derived from offsetting collections, resulting in a direct
appropriation of $2 million. The Commission had requested $268.3 million,
consisting of a direct appropriation of $20.1 million and $248.2 million in offsetting
regulatory fees (compared with a direct appropriation of $26.3 million and $218.8
million in regulatory fees for FY2002).
In H.Rept. 108-10, conferees for the FY2003 bill expressed their concern about
“the declining standards of broadcast television and the impact this decline is having
on America’s children.” The conferees directed the Commission to “continue to
report to Congress on the issues associated with resurrecting a broadcast industry
code of conduct” for television program content.
In keeping with the requirements of the Government Performance and Results
Act, the FCC, as part of its FY2003 budget request, set forth its overall mission and
general and specific goals.29
Federal Maritime Commission (FMC). The FMC regulates the
international waterborne commerce of the United States and has responsibility for
licensing and bonding ocean transportation intermediaries. The Administration
requested $17.4 million for the FMC for FY2003, about $1 million more than
Congress appropriated in FY2002. The Consolidated Appropriations Resolution

2003, H.J.Res. 2, provided $16.7 million for the FMC.


The Federal Trade Commission (FTC). The FTC, an independent agency,
is responsible for enforcing a number of federal antitrust and consumer protection
laws. In recent years the FTC has used pre-merger filing fees collected under the


29 “Our most immediate challenge,” the Commission stated, “is to integrate the changing
character of the industry into our core functions of (1) licensing; (2) competition; (3)
enforcement; (4) consumer information services; and (5) spectrum management” U.S.
Federal Communications Commission. Fiscal Year 2003 Budget Estimates to Congress, p.

18, available at [http://www.fcc.gov/Reports/fcc2003budget_complete.pdf], visited May 3,


2002.



Hart-Scott-Rodino Act to entirely fund its operations; Zero ($0) direct appropriations
have been required.
For FY2002 the Administration requested a program level of $156.3 million for
the FTC, an increase of $9.1 million over the previous appropriation. All of the
funding came from offsetting collections derived from fees collected for pre-merger
filings during FY2002, so as to result in a final direct appropriation of zero ($0). The
conference agreement provided the FTC with $156 million for FY2002. This action
resulted in a final direct appropriation of zero ($0).
For FY2003, the President’s requested $171.6 million for the FTC, an increase
of approximately $15.6 million over the agency’s current appropriation. The
conference agreement provides the FTC with an FY2003 program level of $176.6
million; with offsetting fee collections, the agency received a final direct
appropriation of $8.5 million.
Securities and Exchange Commission (SEC). The SEC administers and
enforces federal securities laws in order to protect investors and to maintain fair and
orderly stock and bond markets. The SEC collects fees on various securities market
transactions. During the stock market boom of the 1990s, these collections exceededth
the agency’s budget by a wide margin. Legislation passed by the 107 Congress
(H.R. 1088, P.L. 107-123) reduced these fees.
In 2001, Congress approved a total FY2002 operating level of $437.9 million
for the SEC, an increase of $15.1 million over FY2001. Of the total, $109.5 million
was to come from fees collected in FY2002 and the remaining $324.4 million from
prior-year fees. As was the case in FY2001, no direct appropriations were needed —
the SEC was funded entirely by current and prior year fee collections. Under P.L.
107-206, the SEC received a supplemental appropriation of $40.2 million for
FY2002.
For FY2003, the Administration requested $466.9 million for the SEC, an
increase of 6.6% over FY2002. In the wake of Enron and other corporate accounting
scandals, there was broad support in Congress for a much larger increase in the
SEC’s budget. The Sarbanes-Oxley accounting reform legislation (P.L. 107-204)
authorized FY2003 appropriations of $776.0 million. The 107th Congress Senate
Appropriations Committee approved $750.5 million, 60% more than requested. The
conference report approved $716.35 million.
The State Justice Institute (SJI). The Institute is a private, non-profit
corporation that makes grants to state courts and conducts other activities to further
the development of judicial administration in state courts throughout the United
States. The FY2003 omnibus funding bill has provided $3 million for SJI, the same
as the FY2002 funding level. Although the Institute had requested an appropriation
of $13.55 million for FY2003, the President had proposed nothing for SJI in his
FY2003 budget, in accord with congressional language, in a FY2002 conference
committee report, stating an intent that federal funding for the Institute not go beyond
FY2002. (Under the terms of its enabling legislation, SJI is authorized to present its
request directly to Congress, apart from the President’s budget.)



In the previous annual appropriations cycle, Congress scaled back the Institute’s
funding significantly, approving $3.0 million for FY2002, instead of $6.835 million
and $6.2 million approved earlier by the House and Senate respectively. The action
to reduce SJI funding occurred at the FY2002 conference committee stage. In their
report, the FY2002 conferees stated that the $3.0 million appropriated for the SJI was
“available for fiscal year 2002 only” and that the conferees did not recommend
continued federal support for the Institute beyond FY2002. “The termination of
funding for this program,” the report explained, “does not necessarily mean the
dissolution of the Institute.” The conferees encouraged the Institute to solicit private
donations and resources from State and local agencies.30
Conferees for the FY2003 omnibus funding bill, however, noted (in H.Rept.
108-10, p. 703) that “SJI has not been successful in its efforts to obtain non-Federal
funds” and had therefore included $3 million “to keep SJI operating.” At the same
time, the conferees encouraged SJI to continue to solicit donations from State, local,
and national bar associations.
Office of the U.S. Trade Representative (USTR). USTR is the chief
trade negotiator for the United States and is located in the Executive Office of the
President (EOP). It is responsible for developing and coordinating U.S. international
trade and direct investment policies. The President’s FY2003 request was $32.3
million, $2.2 million above the amount ($30.1 million) approved by Congress in
FY2002. The Senate bill provides $33 million to USTR and the Conference
appropriated $35 million, a $4.9 million increase over FY2002.
U.S. International Trade Commission (ITC). ITC is an independent,
quasi-judicial agency that advises the President and Congress on the impact of U.S.
foreign economic policies on U.S. industries and is charged with implementing
various U.S. trade remedy laws. Its six commissioners are appointed by the President
for 9-year terms. As a matter of policy, its budget request is submitted to Congress
by the President without revision. For FY2003, ITC requested $54 million (excluding
full funding of Federal retiree costs), an approximately $2.6 million increase over the
FY2002 request ($51.4 million). The Senate appropriated $54.6 million, but the
Conference scaled the request back to $54 million, a $2.6 million increase over 2002.
The increase will be used to fund a mandatory 4.6% pay increase, to fund several
information technology projects to increase public access to information, to improve
electronic transaction capability, and to develop more accurate trade information for
affected constituents.
U.S. Commission on International Religious Freedom. The
Commission, established in P.L. 105-292, is an independent agency charged with the
annual and ongoing review and reporting of the facts and circumstances of violations
of religious freedom. No additional funds were appropriated for FY2000 or FY2001.
Congress passed the requested amount of $3 million for FY2002. No additional


30 U.S. Congress, Conference Committee, Making Appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies for the Fiscal Yearth
Ending September 30, 2002, and for Other Purposes, report to accompany H.R. 2500, 107st
Cong, 1 sess., H.Rept. 107-278 (Washington: GPO, 2001), p. 167.

funds were appropriated for FY2000 or FY2001. Congress passed the requested
amount of $3 million for FY2002. For FY2003, however, although the
Administration requested, and the House and the Senate recommended, $3 million,
the final enacted level was $2.9 million.
Title V. Other Related Agencies
(millions of dollars)
House Senate
F Y 2002 F Y 2003 H.R. H.J.Res. F Y 2003
Department or AgencyEnactedRequest2472Enacted
Maritime Administration224.7207.1206.7225.6206.7
Small Business Administration888.5783.0742.6788.5736.5
Legal Services Corporation329.3329.3329.3348.4338.8
Equal Employment Opportunity
Commission (EEOC)311.7320.4308.8320.4308.8
Commission on Civil Rights9.19.1.9.19.19.1
Federal Communicationsaaaaa
Commission (FCC)26.320.18.20.02.0
Federal Maritime Commission16.517.416.516.816.7
Federal Trade Commissionb0.018.68.59.18.5
Securities and Exchangec
Commission (SEC)489.5566.9776.0656.7716.4
State Justice Institute3.013.6 g3.03.13.0
U.S. Commission on International
Religious Freedom3.03.03.03.02.9
Other 15.5 7.8 7.2 10.4 10.5
Total: Related Agencies2,317.12,296.32,418.92,391.12,359.9
a For FY2002, Congress enacted $245.1 million in overall funding resources, consisting of a direct
appropriation of $26.3 million and $218.8 million in offsetting collections. For FY2003, the
President requested $268.3 million in overall funding resources, consisting of a direct
appropriation of $20.1 million and $248.2 million in offsetting fee collections. The Senate
omnibus bill set the overall funding level at $275.4 million and offsetting fee collections at the
same level, thus requiring no direct appropriation. The House bill set overall funding at $256.4
million with offsetting fee collections at $248.2 million, requiring a direct appropriation of $8.2
million. The enacted FY2003 omnibus funding bill provided $271 million in overall funding
resources, consisting of a direct appropriation of $2 million and $269 million in offsetting fee
co llectio ns.
b The FTC is fully funded by the collection of pre-merger filing fees.
c The SEC is fully funded by transaction fees and securities registration fees.
d Under the terms of its enabling legislation, the State Justice Institute is authorized to present its
budget request directly to Congress. For FY2003, the Institute requested $13.6 million — as
distinguished from the President, who has requested no funding for SJI.
e Other includes agencies receiving appropriations of less than $2.0 million in FY2003. These
agencies include Commission for the Preservation of American Heritage Abroad; Commission
on Security and Cooperation in Europe; Commission on Electronic Commerce; the Marine



Mammal Commission, the Commission on Ocean Policy, and the Congressional/Executive
Commission on China, the National Veterans Business Development Corp, the Pacific Charter
Commission, and the U.S. Canada Alaska Rail Commission.
Related Legislation
H.R. 2048 (Coble)
Requires the Attorney General to submit by October 2, 2002 to House and
Senate Judiciary Committees a report regarding the effectiveness of the State Justice
Institute. Introduced June 5, 2001; referred to the House Judiciary Committee.
Reported by Judiciary Committee, August 2, 2001. Agreed to by voice vote of
House, under suspension of the rules, Sept. 5, 2001. Received in the Senate, Sept.

6, 2001; referred to the Judiciary Committee. Reported by the Judiciary Committee,


without amendment, September 13, 2001. Passed Senate without amendment by
unanimous consent, May 7, 2002. Presented to President, May 8, 2002.P.L. 107-

179, May 20, 2002.


H.R. 518 (Regula et al.)
Amends the Trade Act of 1974 to revise the injury threshold the International
Trade Commission must consider to determine the risk of increased imports to a
domestic industry producing like or directly competitive articles in escape clause
(Sec.201) actions. Introduced February 7, 2001; referred to House Ways and Means
Committee.
H.R. 1988 (English et al.); S. 979 (Durbin et al.)
Amends the Trade Act of 1974 to revise the injury threshold the International
Trade Commission must consider to determine the risk of increased imports to a
domestic industry producing like or directly competitive articles in escape clause
(Sec.201) actions. Amends the Tariff Act of 1930 to revise various factors that the
Commission must consider in making material injury determinations in
countervailing duty and antidumping duty proceedings. H.R. 1988 introduced May

24, 2001; referred to House Ways and Means Committee. S. 979 introduced May 26,


2001; referred to Senate Finance Committee.


S. 422 (Wellstone); H.R. 837 (Oberstar et al.)
Directs the International Trade Commission to consider U.S. produced taconite
pellets to be like or directly competitive with semifinished steel slab for purposes of:
(1) Section 201 injury determinations, and (2) antidumping or countervailing duty
determinations. S. 422 introduced March 1, 2001; referred to Senate Finance
Committee. H.R. 837 introduced March 7, 2001; referred to House Ways and Means
Committee.
S. 187 (Snowe et al.); H.R. 1782 (Manzullo et al.)
Small Business Export Enhancement Act of 2001 - Amends the Trade Act of
1974 to establish in the Office of the United States Trade Representative (USTR) the
position of Assistant USTR for Small Business to promote the trade interests of small
businesses, remove foreign trade barriers that impede small business exporters, and
enforce existing trade agreements beneficial to small businesses. S. 187 introduced
January 25, 2001; referred to the Senate Budget and Senate Governmental Affairs



Committee. H.R. 1782 introduced May 9, 2001; referred to House Committee on
Ways and Means.
S. 714 (Snowe et al.)
Expresses the sense of Congress that the U.S. Trade Representative should
pursue the establishment of a small business advocate at the World Trade
Organization (WTO) to safeguard the interests of small firms and represent those
interests in trade negotiations involving the WTO. Introduced April 5, 2001; referred
to the Senate Finance Committee.
S. 19 (Daschle et al.)
Protecting Civil Rights for All Americans Act. Would authorize $400 million
for the Legal Services Corporation for FY2002. Introduced January 22, 2001;
referred to S. Judiciary Committee.



Appendix. Appropriations Funding for Departments
of Commerce, Justice, State, the Judiciary, and
Related Agencies — FY2001, FY2002, and the
FY2003 Request
(in millions of dollars)
Title I. Department of Justice
Senate
F Y 2002 F Y 2003 House H.J.Res. F Y 2003
Department or AgencyEnactedRequestH.R. 2472Enacted
Office of Justice Programs4,943.83,116.74,263.25,179.14,561.8
Legal Activities3,513.53,067.73,026.52,896.73,038.8
Interagency Law Enforcement 338.6362.1365.1400.1372.1
Federal Bureau of
Investigation (FBI)4,279.84,252.84,297.93,928.84,297.8
Drug Enforcement
Administration (DEA)1,481.81,545.91,590.91,477.51,560.9
Immigration and
Naturalization Service (INS)4,084.34,027.43,998.13,508.93,848.4
Federal Prison System4,620.64,480.44,472.94,531.94,473.9
Other 457.8 1,947.3 1,825.1 2,283.0 1,834.6
Total: Justice Department23,707.222,800.323,839.724,206.023,988.3
Title II. Department of Commerce and Related Agencies
Senate
F Y 2002 F Y 2003 House H.J.Res. F Y 2003
Department or AgencyEnactedRequestH.R. 2472Enacted
Departmental Management63.070.968.962.165.6
Bureau of the Census479.5705.3557.7558.9554.5
Economic and Statistical
Analys is 62.5 73.2 73.2 72.2 72.2
International Trade
Admi nistration 345.5 363.7 360.8 350.2 362.2
Bureau of Industry and
Security 70.6 100.2 69.9 100.2 74.7
Minority Business
Development Agency28.428.928.928.928.9
National Oceanic and
Atmospheric Administration3,249.73,130.62,965.93,349.53,194.6
Patent and Trademark Officea(1,127.5)(1,304.4)(1,256.0)(1,205.6)(1,182.0)
Technology Administration8.27.97.97.99.9
National Institute of Standards
and Technology684.8563.1515.5721.2712.1



Senate
F Y 2002 F Y 2003 House H.J.Res. F Y 2003
Department or AgencyEnactedRequestH.R. 2472Enacted
National Telecommunications
and Information
Admi nistration 81.3 60.3 75.2 73.5 73.8
Economic Development
Admi nistration 365.6 348.0 348.0 288.7 320.8
Subtotal: Commerce
Department 5,723.0 5,552.2 5,171.9 5,830.0 5,685.8
Office of the U.S. Trade
Representative 30.1 32.3 32.0 33.0 35.0
International Trade
Commi ssion 51.4 54.0 53.0 54.6 54.0
Subtotal: Related Agencies81.586.385.087.689.0
Total: Dept. of Commerce
and Related Agencies5,804.55,638.55,256.95,917.65,774.8
Title III. Judiciary
Senate
F Y 2002 F Y 2003 House H.J.Res. F Y 2003
Department or Agency EnactedRequestH.R. 2472Enacted
Supreme Court — salaries and
expenses 40.0 46.3 45.7 44.4 45.7
Supreme Court — building and
gr ounds 67.5 53.6 41.6 53.3 41.6
U.S. Court of Appeals for the
Federal Circuit19.321.920.520.120.3
U.S. Court of International Trade13.113.813.713.513.7
Courts of Appeals, District
Courts, other judicial services —
salaries and expenses3,591.14,014.13,819.13,814.23,800.0
Vaccine Injury Act Trust Fund2.72.82.82.82.8
Defender Services500.7588.7545.1531.8538.5
Fees of Jurors and
Commi ssioners 48.1 57.8 54.6 54.6 54.6
Court Security278.2298.2286.2276.3268.4
Administrative Office of the U.S.
Courts 64.5 66.9 64.9 64.7 63.5
Federal Judicial Center19.721.920.920.220.9
Retirement Funds37.035.335.335.335.3
U.S. Sentencing Commission11.613.212.311.812.1
General Provisions — Judges’
Pay Raise8.67.07.98.00.0



Senate
F Y 2002 F Y 2003 House H.J.Res. F Y 2003
Department or Agency EnactedRequestH.R. 2472Enacted
Total: Judiciary4,720.35,241.64,970.64,950.94,917.4
Title IV. Department of State and International Broadcasting
Senate
F Y 2002 F Y 2003 House H.J.Res. F Y 2003
Department or AgencyEnactedRequestH.R.2472Enacted
Administration of Foreign Affairs5,807.25,886.95,719.75,534.55,725.6
International Organizations and
Conferences 1,724.2 1,617.4 1,584.0 1,539.7 1,539.7
International Commissions60.567.357.161.157.5
Related Appropriations57.760.653.375.671.3
Subtotal: State Departmentc7,649.67,632.27,414.17,210.97,394.1
International Broadcasting513.3507.0509.5470.2506.6
Total: State Department, and
International Broadcasting8,162.98,139.27,923.67,681.17,900.7
Title V. Other Related Agencies
Senate
F Y 2002 F Y 2003 House H.J.Res F Y 2003
Department or AgencyEnactedRequestH.R. 247. 2Enacted
Maritime Administration224.7207.1206.7225.6206.7
Small Business Administration888.5783.0742.6788.5736.5
Legal Services Corporation329.3329.3329.3348.4338.8
Equal Employment Opportunity
Commission (EEOC)311.7320.4308.8320.4308.8
Commission on Civil Rights9.19.1.9.19.19.1
Federal Communicationsddddd
Commission (FCC)26.320.18.20.02.0
Federal Maritime Commission16.517.416.516.816.7
Federal Trade Commissione0.018.68.59.18.5
Securities and Exchangef
Commission (SEC)489.5566.9776.0656.7716.4
State Justice Institute3.013.6 g3.03.13.0
U.S. Commission on International
Religious Freedom3.03.03.03.02.9
Other 15.5 7.8 7.2 10.4 10.5
Total: Related Agencies2,317.12,296.32,418.92,391.12,359.9



Title VI. General Provisions
Senate
F Y 2002 F Y 2003 House H.J.Res. F Y 2003
Department or AgencyEnactedRequestH.R. 2472Enacted
Section 604 — — — — —
Title VII. Rescissions
Senate
F Y 2002 F Y 2003 House H.J.Res. F Y 2003
Department or AgencyEnactedRequestH.R. 2472Enacted
Department of Justice
Working capital fund0.00.00.0-36.2-78.0
Legal Activities0.00.00.00.00.0
Asset forfeiture fund-40.00.00.0-50.9-50.9
Federal Bureau of
Inve stigation 0.0 0.0 0.0 0.0 0.0
Information sharing0.00.00.00.00.0
Drug Enforcement
Admi nistration 0.0 0.0 0.0 0.0 0.0
Drug diversion fund 0.00.00.00.00.0
Immigration and
Naturalization Service0.00.00.00.00.0
Immigration
emergency fund0.00.00.00.0-.6
Department of Commerce,
Departmental Management-5.2-96.9-49.90.0-.9
NOAA 0.0 0.0 -7.0 0.0 -7.0
Department of State and
Related Agencies0.00.00.00.00.0
Contributions for
International
Peacekeeping
activities 0.0 0.0 0.0 0.0 0.0
Broadcasting Board of
Gove rnors 0.0 0.0 0.0 0.0 0.0
International broadcasting
operations 0.0 0.0 0.0 0.0 0.0
Maritime Administration0.00.00.00.00.0
Maritime guaranteed
loan (Title XI
program) -5.0 0.0 0.0 0,0 0.0
ship construction-4.40.00.00.00.0
Patent & Trademark Office0.00.00.0-120.00.0



Senate
F Y 2002 F Y 2003 House H.J.Res. F Y 2003
Department or AgencyEnactedRequestH.R. 2472Enacted
Small Business
Admi nistration 0.0 0.0 0.0 0.0 -13.8
Business Loans Program
Account -5.5 0.0 0.0 0.0 -10.5
FCC 0.0 0.0 0.0 0.0 -5.7
Securities and Exch.
Commi ssion -50.0 0.0 0.0 0.0 0.0
Total: Rescissions-110.1-96.9-56.9-207.1-167.4
Title IX.
Senate
F Y 2002 F Y 2003 House H.J.Res. F Y 2003
Department or AgencyEnactedRequestH.R. 2472Enacted
Wildlife Conservation and
Restoration Planning0.00.00.00.00.0
Total Appropriation Funding, Titles I-IX, FY2001-FY2003
Request
HouseSenate
FY2002 FY2003 H.R.i H.J.Res. F Y 2003
Department or AgencyEnactedRequest247 2 iEnacted
GRAND TOTAL:44,601.044,019.044,352.944,939.644,773.7
Source: U.S. House of Representatives. Committee on Appropriation.
Note: Figures do not include the 0.65% across-the-board rescission included in the enacted FY2003
legislation. H.R. 247 was introduced only and received no other congressional action. Details
may not add to totals due to rounding. Figures are for direct appropriations only; in some cases,
agencies supplement these amount with offsetting fee collections, including collections carried
over from previous years. These agencies include: Immigration and Naturalization Service,
Patent and Trademark Office, Small Business Administration, Federal Communications
Commission, Federal Trade Commission, and the Securities and Exchange Commission.
Information on such fees are contained in the background and issues sections of this report.
Data for FY2002 include Emergency Response Funds from the supplemental appropriation (P.L.
107-117).
a The Patent and Trademark Office (PTO) is fully funded by user fees. The fees collected, but not
obligated during the current year, are available for obligation in the following fiscal year. The
prior-year carryover funds count against the FY2003 total appropriation for the Dept. of
Commerce. For example, in the enacted FY2002 amount, $282.3 million in prior-year carry
over funds (plus $1.5 in emergency supplemental funds) counted toward the Commerce
Department total, but current year fee funding does not.
b As of October 1, 1999 both USIA and ACDA were consolidated into the Department of State.
International Broadcasting remains an independent agency.



c In addition to appropriations, State has authority to spend certain collected fees from machine
readable visas, expedited export fees, etc. The amount for such fees for FY2002 is $516.9
million; for FY2003 the estimate is $739.6 million.
d For FY2001, Congress approved $229.5 million in overall funding resources for the FCC, consisting
of a direct appropriation of $29.3 million and $200.1 million in offsetting regulatory fee
collections. For FY2002, Congress enacted $245.1 million in overall funding resources,
consisting of a direct appropriation of $26.3 million and $218.8 million in offsetting collections.
For FY2003, the President requested $268.3 million in overall funding resources, consisting of
a direct appropriation of $20.1 million and $248.2 million in offsetting fee collections. The
Senate omnibus bill set the overall funding level at $275.4 million and offsetting fee collections
at the same level, thus requiring no direct appropriation. The House bill set overall funding at
$256.4 million with offsetting fee collections at $248.2 million, requiring a direct appropriation
of $8.2 million. The enacted FY2003 omnibus funding bill provided $271 million in overall
funding resources, consisting of a direct appropriation of $2 million and $269 million in
offsetting fee collections.
e The FTC is fully funded by the collection of pre-merger filing fees.
f The SEC is fully funded by transaction fees and securities registration fees.
g Under the terms of its enabling legislation, the State Justice Institute is authorized to present its
budget request directly to Congress. For FY2003, the Institute requested $13.6 million — as
distinguished from the President, who has requested no funding for SJI.
h Other includes agencies receiving appropriations of less than $2.0 million in FY2002. These
agencies include Commission for the Preservation of American Heritage Abroad; Commission
on Security and Cooperation in Europe; Commission on Electronic Commerce; the Marine
Mammal Commission, the Commission on Ocean Policy, and the Congressional/Executive
Commission on China, the National Veterans Business Development Corp, the Pacific Charter
Commission, and the U.S. Canada Alaska Rail Commission.
i The grand total does not include an across-the-board cuts or rescissions that have yet to be
d e ter mined .