Commerce, Justice, Science, and Related Agencies: FY2008 Appropriations

Commerce, Justice, Science, and
Related Agencies:
FY2008 Appropriations
Updated March 17, 2008
William J. Krouse, Coordinator
Specialist in Social Legislation
Domestic Social Policy Division
Edward Vincent Murphy, Coordinator
Analyst in Financial Institutions
Government and Finance Division
M. Angeles Villarreal, Coordinator
Analyst in International Trade and Finance
Foreign Affairs, Defense, and Trade Division



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
bounded 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 the regular appropriations bills that Congress considers each year.
It is designed to supplement the information provided by the House Committee on
Appropriations and Senate Subcommittee on Legislative Branch of the Senate Committee
on Appropriations. 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.
NOTE: A Web version of this document with active links is
available to congressional staff at [http://beta.crs.gov/cli/
level_2.aspx?P RDS_CLI_ITEM_ID=73].



Commerce, Justice, Science, and Related Agencies:
FY2008 Appropriations
Summary
This report monitors actions taken by the 110th Congress for the FY2008
Commerce, Justice, Science, and Related Agencies (CJS) appropriations bill. In the
Consolidated Appropriations Act, 2008 (P.L. 110-161), Congress has provided
$54.637 billion in CJS appropriations, a 3.4% increase over the FY2007 enacted
level and a 2.2% increase over the Administration’s request. This amount includes
$6.857 billion for the Department of Commerce (a 3.5% increase over the FY2007
enacted level), $23.592 billion for the Department of Justice (a 1.6% increase),
$23.38 billion for science agencies (a 5.3% increase) and $808.8 million for related
agencies (a 1.0% increase).
The Administration’s FY2008 request included $53.450 billion for those
departments and agencies funded through the CJS appropriation, or about a 1.1%
increase over the FY2007 appropriation ($52.843 billion). The request included
$6.596 billion for Commerce (a 0.4% decrease compared to the FY2007 enacted
level), $22.348 billion for Justice (a 3.7% decrease), $23.744 billion for science
agencies (a 6.9% increase), and $762.5 million for related agencies (a 4.8%
decrease). In addition to these amounts, the Administration has requested another
$146.7 million for Justice as part of the FY2008 Global War on Terror Supplemental.
The House passed an FY2008 CJS appropriations bill (H.R. 3093) on July 26,

2007. The House bill would have provided $55.965 billion for FY2008, or a 5.9%


increase over the FY2007 appropriation and a 4.7% increase over the FY2008
request. The House amount would have provided Commerce with $7.018 billion (a

5.9% increase over the FY2007 enacted level), Justice with $23.974 billion (a 3.3%


increase), science agencies with $24.127 billion (an 8.6% increase), and related
agencies with $845.7 million (a 5.6% increase).
The Senate passed an FY2008 CJS appropriations bill (H.R. 3093, as amended)
on October 16, 2007. The Senate bill would have provided $57.7 billion, or a 9.2%
increase over the FY2007 appropriation and an 8.0% increase over the FY2008
request. The Senate amount would have provided Commerce with $7.289 billion (a

10.0% increase over the FY2007 enacted level), Justice with $24.493 billion (a 5.5%


increase), science agencies with $25.019 billion (an increase of 12.7%), and related
agencies with $899.7 million (a 12.4% increase). The Senate bill included $1 billion
in emergency funding for NASA’s return to flight initiative.
Conference negotiations on H.R. 3093 broke down, however. In lieu of further
action on that bill, congressional leaders opted to use the Department of State,
Foreign Operations, and Related Appropriations bill, 2008 (H.R. 2764) as a vehicle
for the CJS appropriations, as well as the other 10 remaining appropriations bills, in
addition to emergency spending for military operations in Iraq and Afghanistan. On
December 17-19, 2007, Congress completed action on H.R. 2764 through an
exchange of amendments between the two chambers. The President signed H.R.
2764 into law on December 26, 2007 (P.L. 110-161). This report will not be
updated.



CRS Key Policy Staff
Area of ExpertiseName DivisionTelephone and E-Mail
Depa rt me nt s
Department of JusticeCelinda FrancoDSP7-7360
cfranco@crs.loc.go v
Department of CommerceTed MurphyG&F7-6201
tmur p hy@cr s.lo c.go v
Agencies and Policy Areas
Office of Justice ProgramsNathan JamesDSP7-0264
nj ames@crs.loc.gov
Trade-related agencies: ITA, ITC,M. AngelesFDT7-0321
USTR, NIPLECCVillarrealavillarreal@crs.loc.gov
BISIan FergussonFDT7-4997
ifergusso n@crs. loc.go v
EDAEugene BoydG&F7-8689
eboyd@crs.lo c.go v
MBDATed MurphyG&F7-6201
tmur p hy@cr s.lo c.go v
Telecommunications, NTIAGlenn McLoughlinRSI7-7073
gmc l o ughl i n@c r s . l o c . go v
Bureau of the CensusJennifer D.G&F7-8640
W illiams j williams@cr s.lo c .go v
Patent and Trademark Office,Wendy H. SchachtRSI7-7066
NIST, Technologywschacht@crs.loc.gov
Ad mi ni str a tio n
Office of Science and TechnologyDana SheaRSI7-6844
P o licy dshea@crs.loc.go v
NOAAWayne MorrisseyRSI7-7072
wmo r r i sse y@c r s. lo c . go v
NASADaniel MorganRSI7-5849
d mo r ga n@c r s. l o c . go v
NSFChristine MatthewsRSI7-7055
cmatthews@crs. loc.go v
Marine Mammal CommissionGene BuckRSI7-7262
gb uc k@c r s. l o c . go v
Equal Employment OpportunityLinda LevineDSP7-7756
C o mmi s s i o n l l e vi ne @c r s . l o c . go v
Abigail RudmanDSP7-9519
arud man@crs. loc.go v
Legal Services CorporationCarmen Solomon-DSP7-7306
Fears csolomonfears@crs.loc.go v
Antitrust ModernizationJan RubinALD7-9079
C o mmi s s i o n j r ub in@crs.loc.gov
U.S. Commission on Civil RightsGarrine LaneyDSP7-2518
glaney@crs.loc.gov
State Justice InstituteSteve RutkusG&F7-7162
sr ut kus@c r s . l o c . go v
Division abbreviations: ALD = American Law Division; DSP = Domestic Social Policy Division;
FDT = Foreign Affairs, Defense, and Trade Division; G&F = Government and Finance Division; RSI
= Resources, Science, and Industry Division.



Contents
Most Recent Developments..........................................1
Overview of FY2008 CJS Appropriations Action.........................2
Consolidated Appropriations Act, 2008............................2
FY2008 Request...............................................3
House Action.................................................4
Senate Action.................................................5
Cancelled Conference Meeting...................................6
Revised FY2008 CJS Subcommittee Jurisdiction.....................6
Synopsis of FY2007 Appropriations...............................7
Departmental Funding Trends, FY2002-FY2008.....................8
Survey of Selected Issues............................................8
Department of Commerce.......................................8
Department of Justice..........................................9
Science Agencies.............................................10
Department of Commerce..........................................10
International Trade Administration (ITA)..........................14
Bureau of Industry and Security (BIS).............................14
Economic Development Administration (EDA).....................15
Minority Business Development Agency (MBDA)...................18
Economic and Statistical Analysis (ESA)..........................19
Bureau of the Census..........................................19
National Telecommunications and Information Administration.........21
U.S. Patent and Trademark Office (USPTO)........................22
Technology Administration/Office of the Under Secretary
for Technology...........................................23
National Institute of Standards and Technology (NIST)...............24
National Oceanic and Atmospheric Administration (NOAA)...........26
Departmental Management.....................................32
Related Legislation...........................................33
Related CRS Products.........................................34
Department of Justice.............................................35
Background .................................................35
Government Performance and Results Act.........................36
FY2008 Budget Request.......................................37
General Administration........................................39
Justice Information Sharing Technology (JIST).................40
Federal Office of Detention Trustee (OFDT)...................40
Office of the Inspector General (OIG).........................40
U.S. Parole Commission.......................................41
Legal Activities..............................................41
General Legal Activities...................................41
Office of the U.S. Attorney.................................41
U.S. Marshals Service (USMS)..............................42
Other Legal Activities.....................................42



National Security Division (NSD)................................43
Interagency Law Enforcement...................................43
Federal Bureau of Investigation (FBI).............................44
Drug Enforcement Administration (DEA)..........................45
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)..........45
Federal Prison System (FPS)....................................46
Office on Violence Against Women (OVW)........................47
Office of Justice Programs (OJP)................................48
Justice Assistance........................................49
State and Local Law Enforcement Assistance...................50
Weed and Seed Program...................................53
Community Oriented Policing Services........................53
Juvenile Justice Programs..................................55
Related Legislation...........................................57
Related CRS Products.........................................59
Science Agencies.................................................60
Office of Science and Technology Policy (OSTP)...................61
National Aeronautics and Space Administration (NASA).............62
National Science Foundation (NSF)..............................65
Related Legislation...........................................68
Related CRS Products.........................................68
Related Agencies.................................................69
Antitrust Modernization Commission.............................70
Commission on Civil Rights....................................70
Equal Employment Opportunity Commission (EEOC)................71
International Trade Commission (ITC)............................72
Legal Services Corporation (LSC)................................72
Marine Mammal Commission (MMC)............................73
National Veterans Business Development Corporation (VBC)..........75
Office of the U.S. Trade Representative (USTR) ....................75
State Justice Institute (SJI)......................................75
List of Tables
Table 1. Legislative Status of CJS Appropriations........................1
Table 2. CJS Appropriations by Department and Related Agencies,
FY2007 Enacted, FY2008 Proposed, and FY2008 Enacted.............3
Table 3. Funding for Departments of Commerce and Justice,
and Science Agencies ..........................................8
Table 4. Funding for the Department of Commerce .....................13
Table 5. NOAA Appropriations: FY2007 and FY2008...................27
Table 6. Funding for the Department of Justice.........................38
Table 7. Funding for Science Agencies...............................61
Table 8. Funding for NASA........................................63
Table 9. Funding for the National Science Foundation...................66
Table 10. Funding for CJS Related Agencies...........................69
Table 11. CJS Appropriations by Account, FY2007 Enacted,
FY2008 Proposed, and FY2008 Enacted...........................76



Commerce, Justice, Science, and Related
Agencies: FY2008 Appropriations
Most Recent Developments
On December 26, 2007, the President signed the Consolidated Appropriations
Act, 2008 (H.R. 2764) into law (P.L. 110-161) as shown in Table 1. This act
includes the FY2008 Commerce, Justice, Science, and Related Agencies (CJS)
appropriations bill, as well as 10 other appropriations bills, in addition to emergency
military funding for Iraq and Afghanistan. Congressional leaders opted to use the
Department of State, Foreign Operations, and Related Appropriations bill, 2008
(H.R. 2764) as the legislative vehicle for the FY2008 omnibus spending measure.
In an exchange of amendments between the Senate and House, Congress completed
action on H.R. 2764 during December 17-19, 2007.1 In P.L. 110-161, Congress has
appropriated $54.637 billion for the federal departments, bureaus, agencies,
administrations, offices and activities funded under the CJS appropriations bill.
Congress had previously passed continuing resolutions to fund those departments and
agencies in the absence of the regular FY2008 CJS appropriation.2
Table 1. Legislative Status of CJS Appropriations
SubcommitteeHouseHouseSenateConsolidatedAppropriations Act, 2008
MarkupSenateCommitteePassagePassage(H.R. 2764)Public
Committee (H.R.(H.R.(H.R.Law
(S. 1745)3093)3093)3093)HouseSenateHouse
House Senate Passage Passage Passage
6/11/07 6/26/07 6/28/07 7/12/07 7/26/07 10/16/07 12/17/07 12/18/07 12/19/07 12/26/07
S.Rept.H.Rept.P.L. 110-
110-124 110-240 161
Regarding the Consolidated Appropriations Act, 2008, Representative David
Obey, chair of the House Appropriations Committee, had an explanatory statement
on the FY2008 omnibus spending measure inserted into the December 17th
Congressional Record that included detailed funding tables and additional


1 For further information, see CRS Report RL34298, Consolidated Appropriations Act for
FY2008: Brief Overview, by Robert Keith.
2 For further information, see CRS Report RL30343, Continuing Resolutions: FY2008
Action and Brief Overview of Recent Practices, by Sandy Streeter.

information.3 In January 2008, the House Appropriations Committee issued a
committee print on the Consolidated Appropriations Act, 2008, that includes
legislative text and the explanatory statement (with some modifications) that was
previously inserted into the Congressional Record.4
Overview of FY2008 CJS Appropriations Action
Table 2 shows funding levels for the departments and related agencies currently
under the jurisdictions of the House and Senate CJS Appropriations Subcommittees
for FY2007 enacted, FY2008 requested, FY2008 House-reported and -passed,
FY2008 Senate-reported and -passed, and FY2008 enacted. Not shown in Table 2
are enacted and proposed rescissions of “unobligated balances” and “prior year
appropriations.” Those rescissions, however, are given below in summary Table 11
at report’s end.
Consolidated Appropriations Act, 2008
In the Consolidated Appropriations Act, 2008 (P.L. 110-161), Congress has
provided $54.637 billion in CJS appropriations, a 3.4% increase over the FY2007
enacted level and a 2.2% increase over the Administration’s request.
!For the Department of Commerce, the act includes $6.857 billion,
or $231.8 million more than the FY2007 enacted level (an increase
of 3.5%) and $260.7 million more than the President’s FY2008
request (an increase of 4.0%).
!For the Department of Justice, the act includes $23.592 billion, or
$381.5 million more than the enacted FY2007 level (an increase of
1.6%) and $1.244 billion more than the President’s FY2008 request
(an increase of 5.6%).
!For science agencies, the act includes $23.380 billion, or $1.173
billion more than the enacted FY2007 level (an increase of 5.3%)
but $364.3 million less than the President’s FY2008 request (a
decrease of 1.5%).
!For related agencies, the act includes $808.8 million, or $8 million
more than the FY2007 enacted level (an increase of 1.0%) and $46.2
million more than the President’s FY2008 request (an increase of

6.1%).


3 For Commerce, Justice, Science, and Related Agencies, see Congressional Record, vol.

153, daily edition (December 17, 2007), pp. H15788-H15869.


4 Consolidated Appropriations Act, 2008, Committee Print of the Committee on
Appropriations, U.S. House of Representatives, on H.R. 2764/Public Law 110-161
[Legislative Text and Explanatory Statement], Book 1 of 2, Divisions A-F, January 2008,
1,390 pp. Hereafter referred to as “House Appropriations Committee Print on the
Consolidated Appropriations Act, 2008 (H.R. 2764/P.L. 110-161).” Available at
[ ht t p: / / www.gpoaccess.gov/ congr e ss/ house/ appr opr i a t i ons/ 08conappr o.ht ml ] .

Table 2. CJS Appropriations by Department and
Related Agencies, FY2007 Enacted, FY2008 Proposed,
and FY2008 Enacted
(budget authority in millions of dollars)
Depart m e nt s F Y 2007 F Y 2008 Hous e- Hous e- Senat e - Senat e - F Y 2008
and RelatedEnactedaRequestbReportedPassedReportedPassedEnacted
Agencies
Department of
Commerce6,624.76,595.8 7,063.47,018.47,350.17,289.26,856.5
Department ofbe
Justice23,210.422,347.923,929.223,974.224,312.024,492.8 23,591.9
Science Agencies22,207.023,743.9 24,137.024,127.024,018.725,018.7d23,379.6
Related Agencies800.7762.5 845.7845.7899.7899.7 808.8
Total 52,842.953,450.1b55,975.455,965.4c56,580.456,700.4d54,636.8e
Sources: For House amounts, see H.R. 3093 (H.Rept. 110-240) and Congressional Record, July 25-26, 2007; for
Senate amounts, S. 1745 (S.Rept. 110-124) and Congressional Record, October 4, 15-16, 2007; and for FY2008
enacted amounts, the House Appropriations Committee Print on the Consolidated Appropriations Act, 2008 (H.R.
2764/P.L. 110-161), pp. 438-450.
Note: Amounts may not total due to rounding.
a. The FY2007 Enacted column includes funding provided by the Revised Continuing Appropriations Resolution,
2007 (P.L. 110-5), and the U.S. Troop Readiness, Veterans Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (P.L. 110-28).
b. For the FY2008 request, the amounts in this table reflect a November 6, 2007, budget amendment submitted by
the Administration that included an additional $146 million in funding for cybersecurity and counterterrorism
for the Department of Justice. The FY2008 request, however, does not include an additional $146.7 million
requested by the Administration in February 2008 for the Department of Justice as part of the FY2008 Global
War on Terror Supplemental.
c. This amount includes a $10 million dollar reduction from the Department of Commerce’s Departmental
Management account, so that the FY2008 cap on obligations from the Crime Victims Fund could be increased
by a like amount.
d. The Senate-passed bill includes $1 billion in emergency spending for NASAs return to flight initiative.
e. The Consolidated Appropriations Act, 2008 (P.L. 110-161) includes $285.5 million in emergency spending for
the Department of Justice.
FY2008 Request
By comparison, Table 2 shows that the Administration’s FY2008 request
included $53.45 billion for the Departments of Commerce and Justice, certain
science agencies, and related agencies, or about a 1.1% increase over amounts
appropriated by Congress for FY2007.5 The requested appropriation included $6.596
billion for the Department of Commerce (a 0.4% decrease compared to the FY2007


5 On November 6, 2007, the Administration amended its FY2008 request for the Department
of Justice. The amendment would provide additional funding for the Federal Bureau of
Investigation ($93.5 million for cybersecurity and counterterrorism) and the Drug
Enforcement Administration ($2 million for counterterrorism). Executive Office of the
President, Office of Management and Budget, FY2008 Budget Amendments: Departments
of Homeland Security and Justice (Cybersecurity and Terrorism), November 6, 2007, at
[ h t t p : / / www.whi t e house.go v/ omb/ budget / a me ndment s / a me ndment _11_6_07.pdf ] .

enacted level), $22.348 billion for the Department of Justice (a 3.7% decrease),
$23.744 billion for science agencies (a 6.9% increase), and $762.5 million for related
agencies (a 4.8% decrease). In addition to these amounts, in February 2008, the
Administration has requested another $146.7 million for Justice as part of the
FY2008 Global War on Terror Supplemental.6
House Action
The House Appropriations Committee ordered reported an FY2008 CJS
appropriations bill (H.R. 3093) on July 12, 2007. The reported bill included $55.975
billion for FY2008, or $3.132 billion more than the FY2007 enacted level, and
$2.621 billion more than the FY2007 request. The House passed H.R. 3093
(amended) on July 26, 2007. The House-passed bill included $10 million less than
the reported bill, but it also included a provision that would have increased the
amounts available for obligation under the Crime Victims Fund by a like amount.7
Table 2 shows that the House-passed bill would have provided $55.965 billion
in FY2008 funding for the departments, bureaus, agencies, administrations,
commissions, and offices under the CJS Appropriations Subcommittee’s jurisdiction.
By comparison, the House bill would have provided a 5.9% increase over the
FY2007 enacted level, and a 4.7% increase over the Administration’s FY2008
request, but $1.1% less than the Senate mark.
!For the Department of Commerce, the House-passed bill would have
provided $7.018 billion, or $393.7 million more than the FY2007
enacted level (an increase of 5.9%) and $422.6 million more than the
FY2008 request (an increase of 6.4%).
!For the Department of Justice, the House-passed bill would have
provided $23.974 billion, or $763.8 million more than the FY2007
enacted level (an increase of 3.3%) and $1.626 billion more than the
FY2008 request (an increase of 7.3%).
!For science agencies, the House-passed bill would have provided
$24.127 billion, or $1.92 billion more than the FY2008 enacted level
(an increase of 8.6%) and $383.1 million more than the FY2008
request (an increase of 1.6%).


6 Executive Office of the President, Office of Management and Budget, Fiscal Year 2009
Budget of the U.S. Government Appendix, pp. 1261-1263.
7 For FY2008, the House-passed bill would have increased the amounts authorized to be
obligated from Victims of Crime (VOC) Fund by $10 million, bringing total authorized
obligations for that fund to $635 million. The VOC program was established in 1988 by an
amendment to the 1984 Victims of Crime Act. The program provides a variety of grants
designed to provide compensation and assistance to crime victims. While the program is
funded through the Crime Victims Fund (CVF) and not through an annual appropriation,
Congress establishes an annual cap on the amount that will be available for obligation under
the program during the upcoming fiscal year in the DOJ appropriation bill.

!For related agencies, the House-passed bill would have provided
$845.7 million, or $44.9 million more than the FY2007 enacted level
(an increase of 5.6%) and $83.2 million more than the FY2008
request (an increase of 10.9%).
Senate Action
The Senate Appropriations Committee reported an FY2008 CJS appropriations
bill (S. 1745; S.Rept. 110-124) on June 29, 2007. The Senate-reported bill included
$56.58 billion for FY2008 for CJS departments and agencies, $3.738 billion more
than the FY2007 enacted level of $52.843 billion and $3.226 billion more than the
FY2008 request of $53.45 billion.
The Senate amended the House-passed bill (H.R. 3093) with the text of S. 1745,
amended that language during three days of consideration, and passed H.R. 3093 on
October 16, 2007. The Senate-passed bill would have provided $57.7 billion for
FY2008, or $4.858 billion more than the FY2007 enacted level and $4.346 billion
more than the Administration’s FY2008 request. The Senate-passed amount
included $1 billion in emergency funding for National Aeronautics and Space
Administration’s (NASA’s) return to flight initiative.
In addition, the Senate-passed bill was amended to include a provision that
would have exempted certain returning H-2B (foreign temporary nonagricultural)
workers from the H-2B annual cap of 66,000 visas.8 The provision would have
exempted from the FY2008 H-2B visa cap aliens who had been present in the United
States as H-2B nonimmigrants in any one of the previous three fiscal years. The
House-passed bill included no similar provision.9
Table 2 shows that the Senate-passed version of H.R. 3093 would have
provided $56.7 billion in FY2008 CJS appropriations. This amount included $1
billion in emergency funding for NASA’s return to flight initiative. The Senate bill
would have provided a 7.3% increase over the FY2007 enacted level and a 6.1%
increase over the Administration’s request.
!For the Department of Commerce, the Senate-passed bill included
$7.289 billion, or $664.5 million more than the FY2007 enacted
level (an increase of 10.0%) and $693.4 million more than the
President’s FY2008 request (an increase of 10.5%) .
!For the Department of Justice, the Senate-passed bill included
$24.493 billion, or $1.282 billion more than the enacted FY2007


8 Senator Barbara Mikulski, Chair of the Senate Commerce, Justice, Science, and Related
Agencies Appropriations Subcommittee offered the amendment that added this provision
(§540) to H.R. 3093. See S.Amdt. 3311, Congressional Record, daily edition, vol. 153
(October 16, 2007), pp. S12913-14.
9 See CRS Report RL34204, Immigration Legislation and Issues in the 110th Congress,
coordinated by Andorra Bruno.

level (an increase of 5.5%) and $2.145 billion more than the
President’s FY2008 request (an increase of 9.6%).
!For science agencies, the Senate-passed bill included $25.019
billion, or $2.812 billion more than the enacted FY2007 level (an
increase of 12.7%) and $1.275 billion more than the President’s
FY2008 request (an increase of 5.4%).
!For related agencies, the Senate-passed bill included $899.7 million,
or $99 million more than the FY2007 enacted level (an increase of
12.4%) and $137.2 million more than the President’s FY2008
request (an increase of 18.0%).
Cancelled Conference Meeting
In late November 2007, a conference meeting on H.R. 3093 was cancelled over
objections to language included in the Senate-passed bill that would have prohibited
the the Equal Employment Opportunity Commission from using funding
appropriated under this bill to initiate or participate in a civil action against any
employer who requires an employee to speak English while at work.10 Although the
House passed a motion to instruct conferees to include this language in the
conference agreement, some members of the Congressional Hispanic Conference
reportedly opposed this restriction.11 It was also reported that the H-2B visa cap
exemption would not be included in the conference version of H.R. 3093.12 Because
of these and possibly other objections, however, no further action was taken on this
bill. As described above, congressional leaders opted to use H.R. 2764 as the
legislative vehicle for the Consolidated Appropriations Act, 2008 (P.L. 110-161).
Revised FY2008 CJS Subcommittee Jurisdiction
Appropriations bills reflect the jurisdiction of the subcommittees of the House13th
and Senate Appropriations Committees in which they are considered. In the 110
Congress, the House and Senate committees have created parallel jurisdictions for
the Commerce, Justice, Science, and Related Agencies (CJS) Appropriations
Subcommittees. This was not the case in the 109th Congress, however. In that
Congress, both the House and Senate Appropriations Committees transferred, from
what had previously been the Commerce, Justice, State, the Judiciary, and Related


10 Keith Perine, “Hispanic Caucus Halts Conference on C-J-S Bill Over Workplace
Provision,” CQ Weekly Report, November 19, 2007, p. 3485.
11 Ibid.
12 Ibid.
13 For further information, see CRS Report RL31572, Appropriations Subcommittee
Structure: History of Changes from 1920-2007, by James Saturno.

Agencies (also abbreviated CJS) Appropriations Subcommittee, jurisdiction for the
Judiciary to the Transportation and HUD Appropriations Subcommittees.14
In addition, certain “science” agency appropriations were transferred to the
former CJS subcommittees. Those science agencies included the White House’s
Office of Science and Technology Policy (OSTP), the National Aeronautics and
Space Administration (NASA), and National Science Foundation (NSF). In the
Senate, moreover, jurisdiction for the Department of State was transferred to the
Foreign Operations Appropriations Subcommittee. In the House, however, it
remained under the jurisdiction of the former CJS subcommittee, renamed the
Science, State, Justice, Commerce, and Related Agencies (SSJC) Appropriations
Subcommittee.
Synopsis of FY2007 Appropriations
On February 15, 2007, Congress passed the Revised Continuing Appropriations
Resolution, 2007 (P.L. 110-5), in which FY2007 funding was provided for those
agencies that had not yet received a permanent appropriation.15 While this law
funded certain CJS departments, agencies, administrations, and offices with specific
appropriations, most others were funded by extending their FY2006 budget through
FY2007 (subject to rescissions in some cases).16 In addition, on May 24, 2007,
Congress passed the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007 (P.L. 110-28), which included
supplemental funding for some, but not all of the agencies for which the CJS
Appropriations Subcommittees have jurisdiction. For FY2007, Table 2 shows that
Congress has provided $52.843 billion in CJS appropriations. That amount is $2.402
billion more than the previous year ($50.441 billion), or an increase of 4.8%.


14 In the 109th Congress, the full name of this subcommittee was the Subcommittee on
Transportation, Treasury, The Judiciary, and Housing and Urban Development. In the 110th
Congress, jurisdiction for the Judiciary was placed under the Subcommittee on Financial
Services and General Government, which also includes jurisdiction for the Department of
the Treasury, the District of Columbia, the Executive Office of the President, and several
independent agencies.
15 The full-year continuing resolution followed three temporary continuing resolutions (H.R.
5361/P.L. 109-289, effective through November 17, 2006; H.J.Res. 100, effective through
December 8, 2006; H.J.Res. 102, effective through February 15, 2007).
16 The House passed a Science, State, Justice, Commerce, and Related Agencies (SSJC)
appropriation bill (H.R. 5672; H.Rept. 109-520) on June 29, 2006. The Senate
Appropriations Committee reported a Commerce, Justice, Science, and Related Agencies
(CJS) appropriations bill (H.R. 5672; S.Rept. 109-280) on July 11. In addition, the Senate
Appropriations Committee reported a State, Foreign Operations, and Related Agencies
appropriations bill (H.R. 5522; S.Rept. 109-277) on July 10. This Senate version of H.R.
5522 included funding for the Department of State and related agencies. As described
above, final funding was provided under the Revised Continuing Appropriations Resolution,

2007 (P.L. 110-5).



Departmental Funding Trends, FY2002-FY2008
Table 3 shows funding trends for the major agencies in CJS appropriations over
the six-year period FY2002-FY2008, including supplemental appropriations.
Funding for the Department of Commerce increased by 14.1% from FY2002 through
FY2005. Due to rescissions, it decreased by 1.9% for FY2006, but increased by
3.1% for FY2007 and 3.5% for FY2008. Funding for the Department of Justice
decreased 17.1% from FY2002 to FY2003. This decrease largely reflects the transfer
of the former Immigration and Naturalization Service to the newly formed
Department of Homeland Security. Justice funding has increased by 20.1% from
FY2003 to FY2008. Funding for the science agencies has gradually increased by
15.8% from FY2002 to FY2006, decreased by 2.7% for FY2007, and increased by

5.3% for FY2008.


Table 3. Funding for Departments of
Commerce and Justice, and Science Agencies
(billions in current dollars)
Department/Agencies F Y 2002 F Y 2003 F Y 2004 F Y 2005 F Y 2006 F Y 2007 a F Y 2008
Department of Commerce5.7395.7965.9436.5506.4266.6256.857
Department of Justice23.70719.64819.85021.00021.40423.21023.592
Science Agenciesb19.71020.60020.96021.67622.83322.20723.380
Source: Funding totals provided by the U.S. House of Representatives, Committee on Appropriations.
Note: Amounts may not total due to rounding.
a. The FY2007 Enacted column includes funding provided by the Revised Continuing Appropriations
Resolution, 2007 (P.L. 110-5) and the U.S. Troop Readiness, Veterans Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (P.L. 110-28).
b. Before FY2006, science agencies (OSTP, NASA, and NSF) were funded in the VA/HUD appropriations bill.
Survey of Selected Issues
Department of Commerce
A number of key issues relating to the diverse collection of responsibilities in
the Department of Commerce may be considered during the deliberations of the
FY2008 budget. The Department’s trade and technology programs may be focal
points in discussions of export promotion in part because the deficit in the U.S.
current account has nearly doubled from $98.8 billion in January 2000 to $192.6
billion in January 2007. The constitutional requirement to redistrict the House of
Representatives in 2010 involves increased preparations for the upcoming census.
The anniversary of hurricanes Katrina and Rita may draw attention to the
Department’s weather and ocean-stewardship programs. Some selected, key issues
affecting funding priorities included the following:



!proposed increases in funds for the Census Bureau to prepare for the

2010 Census;


!the ability of U.S. trade agencies and PTO to fight intellectual
property infringement abroad;
!the efficacy of U.S. trade agency enforcement of U.S. trade remedy
laws against unfair foreign competition;
!for the third consecutive year, the Administration included in its
budget request a proposal that would revamp some of the programs
administered by the Department of Commerce by consolidating the
activities currently funded under the Economic Development
Administration’s Public Works, Technical Assistance, Research and
Evaluation, Economic Adjustment Assistance and Defense
Economic Adjustment Assistance programs under a Regional
Development Administration (RDA);
!proposals to limit the access that the U.S. Patent and Trademark
Office has to the fees it collects each fiscal year;
!funding of the Advanced Technology Program, whereby the federal
government invests in applied research activities of private entities;
!proposals to fund all of National Oceanic and Atmospheric
Administration (NOAA) programs under a single authorizing law,
an Organic Act;
!funding levels for NOAA satellite programs, ocean and coastal
research-related projects, and Tsunami research systems; and
!implementation of the American Competitiveness Initiative,
announced in February 2006, intending to provide $50 billion in
research and $86 billion in research tax incentives over 10 years
across several Commerce and related agencies, to increase U.S.
leadership in technological research, development, and education.
Department of Justice
Several issues were in play during consideration of the FY2008 DOJ
appropriations. They included the following.
!During the past few Congresses, the appropriation for the Bureau of
Alcohol, Tobacco, Firearms and Explosives has included language
that prohibits ATF from sharing federal gun-trace data with state and
local law enforcement agencies except under limited circumstances.
Modified language was included in the Consolidated Appropriations
Act, 2008 (P.L. 110-161).



!Declining levels of federal funding for state, local, and tribal law
enforcement assistance continued to be an important concern for
many in the Congress, particularly in light of recent upticks in
violent crime rates. As has been the case for the last several years,
the Administration’s budget request included proposals to
significantly reduce funding for state, local, and tribal law
enforcement assistance programs, and consolidate most of the
targeted grant programs into a single, multi-purpose, competitive
grant with a significantly lower funding level. Congress rejected the
Administration’s proposals to consolidate those grant programs and
further reduce funding for state and local law enforcement assistance
grants.
!DEA was under an FY2007 hiring freeze and the Administration
proposed further reductions in the number of agents. For FY2008,
Congress rejected the Administration’s proposal to reduce “hollow”
DEA positions and provided additional funding to lift the hiring
freeze and restore DEA’s ability to support state and local law
enforcement in the fight against drugs.17
Science Agencies
Key issues were as follows:
!President Bush’s “Vision for Space Exploration” and its consequent
reprioritization of NASA programs, and potential personnel cuts
(especially in aeronautics research);
!Whether to use the space shuttle to service the Hubble Space
Telescope; and
!Funds for programs to research and address global warming,
including a new study by the National Science Foundation and
improved data collection by National Polar-Orbiting Operational
Environmental Satellite System (NPOESS).
Department of Commerce
The origin of the Department of Commerce dates 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 on five basic missions: (1) promoting the development of U.S.
business and increasing foreign trade; (2) improving the nation’s technological
competitiveness; (3) encouraging economic development; (4) fostering


17 House Appropriations Committee Print on the Consolidated Appropriations Act, 2008
(H.R. 2764/P.L. 110-161), p. 256.

environmental stewardship and assessment; and (5) compiling, analyzing, and
disseminating statistical information on the U.S. economy and population.
The following agencies within the Commerce Department carry out these
missions:
!International Trade Administration (ITA) seeks to develop the
export potential of U.S. firms and to improve the trade performance
of U.S. industry;
!Bureau of Industry and Security (formerly the Bureau of Export
Administration) enforces U.S. export laws consistent with national
security, foreign policy, and short-supply objectives;
!Economic Development Administration (EDA) provides grants for
economic development projects in economically distressed
communities and regions;
!Minority Business Development Agency (MBDA) seeks to promote
private and public sector investment in minority businesses;
!Economic and 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 this analysis is conducted by the Bureau
of Economic Analysis (BEA);
!Bureau of the Census collects, compiles, and publishes a broad range
of economic, demographic, and social data;
!National Telecommunications and Information Administration
(NTIA) advises the President on domestic and international
communications policy, manages the federal government’s use of
the radio frequency spectrum, and performs research in
telecommunications sciences;
!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; and
!National Oceanic and Atmospheric Administration (NOAA) provides
scientific, technical, and management expertise to (1) promote safe
and efficient marine and air navigation; (2) assess the health of
coastal and marine resources; (3) monitor and predict the coastal,
ocean, and global environments (including weather forecasting); and
(4) protect and manage the nation’s coastal resources.
As Table 4 shows, the FY2008 enacted appropriation (P.L. 110-161) included
$6.856 billion for the Department of Commerce, which was $231 million more than
the FY2007 appropriation of $6.625 billion, a 3.5% increase. FY2008 enacted
amount was 3.9% more than the President’s request of $6.596. The President’s
request had represented a decrease of $29.0 million, or 0.4%, from the FY2007
appropriation for the department. By comparison, the Senate had passed (S. 1745)
a total of $7.289 billion for FY2008, or $664.5 million more than the FY2007
enacted level and $693.4 million more than the President’s FY2008 request. The
House had passed (H.R. 3093) a total of $7.018 billion for FY2008, or $393.7 million
more than the FY2007 enacted level, $422.6 million above the President’s FY200818
request, although $270.8 million less than the Senate.


18 The Administration’s FY2008 budget request proposed a rescission of nearly $49 million
from the emergency steel guaranteed loan program. Neither the Senate nor the House
included the requested $49 million rescission for the emergency steel guaranteed loan
program. Instead, the Senate recommended rescinding $10 million for industrial technology
services and the House recommended a $42 million Department-wide rescission.

Table 4. Funding for the Department of Commerce
(budget authority in millions of dollars)
Bureau or AgencyFY2007EnactedaFY2008RequestHouse-PassedSenate-PassedFY2008Enacted
International Tradeb
Administration395.6 412.4 422.4417.4405.2
Bureau of Industry and Security75.4 78.8 78.878.872.9
Economic Development
Administration280.6 202.8 302.8282.8279.9
Minority Business Development
Agency29.7 28.7 31.230.228.6
Economic and Statistical Analysis79.8 85.0 86.585.081.1
Bureau of the Census893.0 1,230.2 1,222.21,246.61,230.2
National Telecommunications andc
Information Administration39.8 18.645.348.636.3
Patent and Trademark Officed(1,771.0)(1,915.5)(1,915.5)(1,915.5)(1,915.5)
Technology Administration2.0 1.6 1.00.00.0
National Institute of Standards
and Technology676.9 640.7 831.2832.2755.8
National Oceanic and
Atmospheric Administration4,078.3 3,809.6 3,950.54,184.93,896.4
Departmental Management73.7 87.4 46.582.770.0
Total: Department of
Commerce6,624.7 6,595.87,018.47,289.26,856.5
Sources: For House amounts, see H.R. 3093 (H.Rept. 110-240) and Congressional Record, July 25-
26, 2007; for Senate amounts, S. 1745 (S.Rept. 110-124) and Congressional Record, October
4, 15-16, 2007; and for FY2008 enacted amounts, the House Appropriations Committee Print
on the Consolidated Appropriations Act, 2008 (H.R. 2764/P.L. 110-161), pp. 438-450.
Note: Amounts may not total due to rounding.
a. The FY2007 Enacted column includes funding provided by the Revised Continuing Appropriations
Resolution, 2007 (P.L. 110-5), and the U.S. Troop Readiness, Veterans Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110-28).
b. Total funding for ITA may be higher than these amounts due to retained fees.
c. Does not include $45 million in mandatory spending from the Digital Transition and Safety Public
Fund .
d. 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 and do
not count toward the appropriation totals. Only newly appropriated funds count toward the
annual appropriation totals.



International Trade Administration (ITA)19
ITA’s mission is to improve U.S. prosperity by strengthening the
competitiveness of U.S. industry, promoting trade and investment, and ensuring fair
trade and compliance with trade laws and agreements. ITA strives to accomplish this
through the Executive and Administrative Directorate and the following four policy
units: (1) Manufacturing and Services Unit, responsible for certain industry analysis
functions, and promoting the competitiveness and expansion of the U.S.
manufacturing sector; (2) Market Access and Compliance Unit, responsible for
monitoring foreign country compliance with trade agreements, identifying
compliance problems and market access obstacles, and informing U.S. firms of
foreign business practices and opportunities; (3) Import Administration Unit,
responsible for administering the trade remedy laws of the United States; (4) Trade
Promotion/U.S. Foreign Commercial Service program, responsible for conducting
trade promotion programs, providing U.S. companies with export assistance services,
and leading interagency advocacy efforts for major overseas projects; and (5) the
Executive and Administrative Directorate, responsible for providing policy
leadership, information technology support, and administration services for all of
ITA.
The FY2008 enacted appropriation for ITA is $413.2 million. This amount
includes $405.2 million in a direct appropriation and $8 million in anticipated fee
receipts. The direct appropriation is $9.6 million more than the FY2007 enacted
level of $395.6 million and $6.8 million less than the Administration’s request of
$412.4 million. The amount for ITA’s FY2008 anticipated fee collections was $5
million less than the Administration’s request. The President’s FY2008 request for
ITA was $412.4 million, a $16.8 million (4.2%) increase over the FY2007 funding
level of $395.6 million. The request anticipated the collection of $13 million in fees,
raising available funds to $425.4 million. The Senate passed the committee-
recommended $417.4 million for ITA, $21.8 million more than the FY2007 enacted
level, and $5 million more than the budget request. The Senate recommendation also
anticipated the collection of $8 million in fees, $5 million less than the budget
request, which would raise available budget authority to $425.4 million. The House
passed the committee-recommended $422.4 million, $26.8 million more than the
FY2007 enacted level, and $10 million more than the budget request. The House
recommendation anticipated the collection of $8 million in fees as well, the same as
the Senate amount and $5 million less than the budget request, which would have
raised available budget authority to $430.4 million.
Bureau of Industry and Security (BIS)20
The BIS administers export controls on dual-use goods and technology through
its licensing and enforcement functions. It cooperates with other nations on export


19 The sections on ITA, USTR, and ITC were written by M. Angeles Villarreal, Analyst in
International Trade and Finance, Foreign Affairs, Defense, and Trade Division.
20 This section was written by Ian F. Fergusson, Analyst in International Trade and Finance,
Foreign Affairs, Defense, and Trade Division.

control policy and provides assistance to the U.S. business community to comply
with U.S. and multilateral export controls. It also administers U.S. anti-boycott
statutes, and it is charged with monitoring the U.S. defense industrial base.
Authorization for the activities of BIS, the Export Administration Act (50 U.S.C.
2401, et seq.), expired in August 2001. On August 17, 2001, President Bush invoked
the authorities granted by the International Economic Emergency Powers Act (50
U.S.C. 1703(b)) to continue in effect the system of controls contained in the act and
by the Export Administration Regulations (15 C.F.R., Parts 730-799) and has
renewed that authority yearly.
The FY2008 enacted appropriation (P.L. 110-161) is $72.9 million, which is
$2.5 million less than the FY2007 enacted amount and $5.9 million less than the
administration request. The President’s FY2008 request for BIS was $78.8 million,
a 4.5% increase from the FY2007 enacted funding level of $75.4 million. The
FY2008 funding request for BIS was divided between licensing activity ($39.0
million), enforcement activities ($34.1 million), and management and policy
coordination ($5.7 million). Of these amounts, $14.8 million was requested for
Chemical Weapons Convention (CWC) enforcement. The FY2008 request also
included a proposal to consolidate the contract management functions of the Export
Control and Border Assistance Programs in the Department of State, which provides
the funds for these activities. The BIS envisioned a reduction of its management and
policy coordination budget by $955 thousand by this action. Both the House and
Senate Appropriations Committees recommended the same level of funding for
FY2008 as the President’s request, $78.8 million, and both the House and the Senate
approved the committees’ recommendations of $78.8 million.
Economic Development Administration (EDA)21
The EDA was established under the Public Works and Economic Development
Act of 1965, as amended.22 The EDA’s mission is to assist communities and regions
generate new jobs and help retain existing jobs by stimulating industrial and
commercial growth in economically distressed areas. EDA assistance emphasizes
the needs of urban areas with high unemployment, low income, or other severe
conditions of economic distress.
For the third consecutive year, Congress has rejected Administration proposals
to consolidate EDA assistance programs and reduce funding for those programs. In
the Consolidated Appropriations Act, 2008 (P.L. 110-161), Congress appropriated
$279.9 million for EDA, providing $30.8 for salaries and expenses and $249.1
million for assistance programs. The latter amount includes
!$148.2 million for public works grants;
!$42.3 million for economic adjustment assistance;
!$25.5 million for planning assistance;
!$14.1 for trade adjustment assistance;


21 This section was prepared by Eugene Boyd, Analyst in American National Government,
Government and Finance Division.
22 42 U.S.C. § 3121.

!$9.4 million for technical assistance;
!$470 thousand for research; and
!$9.4 million (the House bill included $10 million) for the new
Global Climate Change Mitigation Incentive Fund (GCCMIF).23
The enacted amount of $249.1 million for EDA assistance programs is $79.1 million
more than the Administration’s FY2008 request, but $1.6 million less than the
FY2007 appropriation. By comparison, the House-passed bill would have provided
$20.9 million more than the FY2008 appropriation, and the Senate-passed bill, $900
thousand more. The $30.8 million for salaries and expenses is $2 million less than
requested by the Administration or recommended by the House and the Senate.
The explanatory statement accompanying the Consolidated Appropriations Act
directs EDA to distribute all economic development assistance program funds to the
six regional offices within 30 days after enactment of this act.24 This directive
reflects concerns raised during last year’s appropriations cycle about Administration
efforts to consolidate or eliminate a number of regional offices. Last year, during its
consideration of FY2007 EDA funding, the House Appropriations Committee
included similar report language that directed EDA to maintain all six regional
offices in response to concerns that EDA was considering eliminating three of the six
offices.25 This year, similar concerns were raised in the report accompanying the
Senate-approved bill. In addition, the explanatory statement accompanying the act
directed EDA to give greater consideration to projects that (1) diversify the local and
regional economies; (2) support the development of new regional economic drivers
and emerging industry clusters; (3) advance innovation, entrepreneurship and
technology transfer; and (4) encourage the commercialization of university-led
research and development.26 The explanatory statement, however, does not include
Senate report language that would have directed the department to undertake a study
of the impact of the 2005 hurricanes on industry clusters in the Gulf Coast region.27
For FY2008, the Administration requested $202.8 million for EDA: $32.8
million for salaries and expenses and $170 million for a proposed Regional
Development Account (RDA), under which EDA’s public works grant, economic
adjustment and defense economic adjustment assistance, planning assistance,
technical assistance, and research and evaluation programs would have been
consolidated. The Administration’s request of $170 million for EDA assistance
programs was $80.7 million less than the FY2007 appropriation of $250.7 for those
programs.


23 House Appropriations Committee Print on the Consolidated Appropriations Act, 2008
(H.R. 2764/P.L. 110-161), p. 227.
24 Ibid.
25 H.Rept. 109-520 (H.R. 5672), p. 74.
26 House Appropriations Committee Print on the Consolidated Appropriations Act, 2008
(H.R. 2764/P.L. 110-161), p. 228.
27 S.Rept. 110-123 (S. 1745), pp. 14-15.

The Administration maintained that the proposed RDA program consolidation
would have created a streamlined application process allowing EDA grantees,
including economic development districts and universities and colleges, to promote
comprehensive strategies in support of regional economic development efforts in
distressed rural communities. In addition, the Administration’s proposal would have
eliminated EDA’s Office of Strategic Initiatives and created an Office of Regional
Affairs (ORA), that would have been charged with administering the new RDA
program and would have included EDA’s six regional offices, possibly leading to
their consolidation.
For FY2008, the Senate-approved bill would have provided $282.8 million for
EDA: $32.8 million for salaries and expenses and $250 million for assistance
programs. The latter amount would have provided
!$154 million for public works grants;
!$45 million for economic adjustment grants;
!$27 million for planning assistance;
!$15 million for trade adjustment assistance;
!$8.5 million for technical assistance; and
!$500 thousand for research and evaluation activities.28
The Senate-approved appropriation level of $250 million for EDA programs was $80
million more than requested by the Administration, but $700 thousand less than
appropriated for FY2007.
For FY2008, the Senate Appropriations Committee report included language
rejecting the Administration’s RDA proposal.29 In addition, Senate report language
expressed concern about the distribution of EDA funds among the six regional
offices. The Senate report also included language that directed the Administration
to disperse FY2008 funding to the six regional offices in accordance with the funding
levels for each account. It also included a requirement that EDA notify the Senate
Appropriations Committee in writing when all grant funds had been distributed to
regional offices in order to monitor compliance with this directive.
For FY2008, the House-passed bill would have provided $302.8 million for
EDA: $32.8 million for salaries and expenses and $270 million for assistance
programs. The latter amount would have provided
!$160 million for public works grants;
!$49 million for economic adjustment grants;
!$27 million for planning assistance;
!$13.5 million for trade adjustment assistance;
!$10 million for technical assistance;


28 Ibid., p. 15.
29 Ibid. During consideration of the 2007 appropriations, the Senate committee also included
report language rejecting the Administration’s RDA proposal.

!$500 thousand for research and evaluation activities; and
!$10 million for a new initiative GCCMIF.30
The House-approved funding level of $270.0 million for EDA assistance programs
was $20 million more than recommended by the Senate (S. 1745), $100 million more
than requested by the Administration, and $19.3 million more than appropriated in
FY2007. The House bill, as with its Senate counterpart and the Administration’s
request, recommended $32.8 million for salaries and expenses.
As with its Senate counterpart, the House report included language rejecting the
Administration’s RDA consolidation proposal. The House bill also included a new
initiative (GCCMIF) that would fund projects that incorporate mitigation strategies
and technologies that promote sustainable resource conservation and reduce energy
consumption and harmful gas emissions. The House bill also directed EDA to
develop criteria to evaluate GCCMIF applications within 90 days of enactment of the
act. This directive was included in the explanatory statement accompanying P.L.

110-161. 31


Minority Business Development Agency (MBDA)32
The MBDA, established by Executive Order 11625 on October 13, 1971,33 is
charged with the lead role in coordinating all the federal government’s minority
business programs. As part of its strategic plan, the MBDA seeks to develop a more
industry-focused, data-driven technical assistance approach to give minority business
owners the tools essential for becoming first or second tier suppliers to private
corporations and the federal government in the new procurement environment.
Progress will be measured in relation to entrepreneurial parity and strategic growth
through increased gross receipts, number of employees, and size and scale of firms
associated with minority business enterprise.
The FY2008 enacted appropriation (P.L. 110-161) is $28.6 million, which is
$1.1 million less than the FY2007 enacted amount and $0.1 million less than the
President’s request. For FY2008, the President’s budget had requested $28.7 million
for the MBDA, which was a 3.4% decrease from the FY2007 appropriation of $29.7
million. The Senate had passed its committee-recommended $30.2 million for
FY2008, which was $0.5 million more than the FY2007 enacted amount and $1.5
million more than the President’s request. The House-passed bill included $31.2
million for FY2008. Both the Senate and House had made specific reference to
keeping funds available to maintain current Native American Business Development
Centers.


30 H.Rept. 110-240 (H.R. 3093), p. 13.
31 House Appropriations Committee Print on the Consolidated Appropriations Act, 2008
(H.R. 2764/P.L. 110-161), p. 227.
32 This section was written by Edward V. Murphy, Analyst in Financial Institutions,
Government and Finance Division.
33 36 FR 19967, 3 CFR, 1971-1975 Comp., p. 616.

Economic and Statistical Analysis (ESA)34
Economic and Statistical Analysis (ESA) provides economic data, analysis, and
forecasts to government agencies and, where appropriate, to the public. ESA
includes the Census Bureau (discussed separately), the Bureau of Economic Analysis
(BEA), and STAT-USA. The ESA has three core missions: (1) compile a system of
economic data; (2) interpret and communicate the forces at work in the economy; and
(3) support the information and analytical needs of the executive branch.
The FY2008 enacted appropriation (P.L. 110-161) is $81.1 million, excluding
Census. The President’s non-Census FY2008 request for ESA was $85.0 million, a
6.5% increase over the comparable FY2007 enacted figure of $79.8 million. The
Senate passed the same funding amount for ESA as the President’s request, $85.0
million. The Senate included an amendment by Senator Harry Reid (S.Amdt. 3225,
agreed to by voice vote), which required $950 thousand of the appropriated funds to
be used to contract with the National Academy of Sciences to conduct a study to see
if the economic data currently being collected accurately reflect the economic
condition of the United States.35 The House committee recommended $86.5 million,
which included an additional $1.5 million to expand and improve regional datasets
that benefit state and local officials and economic development organizations. The
House passed its committee’s recommendation of $86.5 million.
The Bureau of Economic Analysis (BEA) accounted for $81 million of the $85
million FY2008 administration request for Economic and Statistical Analysis. The
BEA comprises four core programs, each of which supports other agencies and
policymakers. The National Economic Accounts support federal budget projections
and macroeconomic policy. Balance-of-Payments data are required by international
agreements on exchange rates. Regional data are used to allocate federal funds and
state budget forecasts. Industry accounts are used to compile the other datasets and
also by the Bureau of Labor Statistics for the Producer Price Index.
Bureau of the Census36
The Bureau of the Census, established as a permanent office on March 6, 1902
(32 Stat. 51), is authorized by the Constitution (Article I, Section 2, clause 3, asth
modified by Section 2 of the 14 Amendment) to conduct a census of population
every 10 years, and by Title 13 U.S.C. to collect and compile a wide variety of other
demographic, economic, housing, and governmental data.
Under the Consolidated Appropriations Act, 2008 (P.L. 110-161), the Census
Bureau is to receive the Administration’s requested $1.230 billion, including $202.8
million for salaries and expenses and $1.027 billion for periodic programs. By


34 This section was written by Edward V. Murphy, Analyst in Financial Institutions,
Government and Finance Division.
35 Congressional Record, daily edition, (October 15, 2007), p. S12840.
36 This section was written by Jennifer D. Williams, Specialist in American National
Government, Government and Finance Division.

comparison, the FY2007 enacted amounts were $196.6 million for salaries and
expenses, and $696.4 million for periodic programs, totaling $893 million for the
Bureau as a whole.
The large difference (+$337.2 million) between the FY2008 and FY2007
enacted amounts for the Bureau largely reflects heightened preparations, or the “ramp
up,” for the 2010 census. About 78%, or $797 million, of the periodic programs
account was for these activities. In FY2008, the Bureau will conduct a dress
rehearsal to test all aspects of 2010 operations. The Bureau also will improve its
geographic database — essential for getting census questionnaires to the right
addresses — by correcting and aligning information on street locations with Global
Positioning System coordinates. The re-engineered 2010 census will consist of a
short form to collect data from all households for, among other purposes, House
reapportionment and within-state redistricting. In addition, the American
Community Survey (ACS), which the Bureau will continue to implement fully,
nationwide, in FY2008, will replace the census long form in 2010 and will provide
detailed demographic data annually to meet various legislative and programmatic
requirements.
Highlights of the congressional deliberations on the Bureau’s FY2008
appropriations follow below.
The House Appropriations Committee recommended an FY2008 amount of
$1.232 billion for the Bureau. The recommendation for salaries and expenses was
$196.8 million. Regarding this account, the committee instructed the Bureau to
discontinue work on its proposed Dynamics of Economic Well-being Survey
(DEWS) — which was to have replaced the longitudinal Survey of Income and
Program Participation (SIPP) — and direct its efforts toward restoring SIPP. The
Bureau made this change ahead of the committee’s instruction. For periodic
programs, the committee recommended $1.035 billion, with the stipulation that the
Bureau continue to include “some other race” as a category when collecting census
data on racial identification.
During House consideration of H.R. 3093, Representative Shelley Moore Capito
offered an amendment (agreed to 229-196, Roll Call No. 722) to reduce funding for
the Bureau’s FY2008 periodic programs account by $10 million from the Committee-
recommended $1.035 billion and increase, by $10 million, funding for the Justice
Department’s Southwest Border Prosecutor Initiative.37 The House thus approved
$1.222 billion, not the committee-recommended $1.232 billion, for the Bureau. The
reduction, according to Commerce, Justice, and Science Appropriations
Subcommittee Chairman Mollohan, “would eliminate the current Industrial Reports
Program”; “would eliminate the quarterly financial reports which are the
government’s most current and comprehensive reports on corporate financial


37 See H.Amdt. 645, Congressional Record, daily edition, vol. 153 (July 25, 2007), pp.
H8435-8437, H8463-8464.

activity”; and “would eliminate the Survey of Business Owners and Self-Employed
Persons....”38
Of the Senate Appropriations Committee’s recommended $1.246 billion for the
Bureau in FY2008, the salaries and expenses account was to receive $226.2 million
and periodic programs, $1.020 billion. In discussing salaries and expenses, the
committee expressed concern about the Bureau’s attempt to phase out SIPP and
replace it with DEWS, a switch that would have been associated with, in the
Committee’s words, a “lack of continuity of poverty measures.” The Committee,
“aware that the Census Bureau has decided not to initiate DEWS, but to return to the
SIPP,” recommended an additional $26 million that, combined with $15.9 million
“in funds from DEWS,” was to fund a SIPP sample size of 45,000 in 25 states.39
The full Senate approved the committee-recommended amounts for salaries and
expenses, and periodic programs. These amounts were, respectively, $29.4 million
more and $5 million less than those passed by the House. The Senate also approved,
by voice vote, an amendment by Senator Richard Shelby to prevent $10 million of
the Commerce Department’s FY2008 appropriations from becoming available for
obligation until, among other matters:
the Secretary, within 120 days of ... enactment ..., shall provide a report to
Congress that is publicly available on the Bureau’s website on the steps that the
... Bureau will take to allow citizens the opportunity to complete the decennial40
census and the American Community Survey over the Internet.
National Telecommunications and Information
Admi ni str a ti on41
The National Telecommunications and Information Administration (NTIA) is
the executive branch’s principal advisory office on domestic and international
telecommunications and information technology issues and policies. Its mandate is
to: provide greater access for all Americans to telecommunications services; support
U.S. attempts to open foreign markets; advise on international telecommunications
negotiations; fund research grants for new technologies and their applications; and
assist nonprofit organizations converting to digital transmission in the 21st century.
The NTIA also manages federal use of radio frequency spectrum domestically and
internationally.
The FY2008 enacted appropriation (P.L. 110-161) is $36.3 million, or $3.5
million less than the FY2007 enacted and $17.7 million more than the President’s
request. There are two major components to the NTIA appropriated budget (a third
program, which is a revolving fund based on spectrum auctions, is discussed below).


38 Ibid., p. H8435.
39 S.Rept. 110-124 (S. 1745), p. 17.
40 Congressional Record, daily edition, vol. 153 (October 15, 2007), p. S12846.
41 This section was written by Glenn McLoughlin, Specialist in Technology and
Telecommunications Policy, Resources, Science, and Industry Division.

The first is Salaries and Expenses. For FY2008, the Bush Administration
recommended $18.6 million; Congress approved $17.5 million for FY2008. In the
past, a large part of this program has been for the management of various information
and telecommunications policies both domestically and internationally. For the
second NTIA component, the Public Telecommunications and Facilities Program
(PTFPC), the Bush Administration has requested that this program’s funding be
eliminated, arguing that most of the construction and refurbishing of public
telecommunications facilities has already been done, and that any remaining support
that is needed should come from local public broadcasting entities. However, for
FY2008, Congress disagreed, citing the ongoing need for upgrading of public
broadcasting facilities, particularly as the deadline of converting all analog broadcasts
to digital in 2009 approaches. For FY2008, Congress funded this program at $18.8
million.
The third NTIA program that is administered by NTIA but not directly funded
by appropriated money comes out of the 2005 Deficit Reduction Act. That law (P.L.

109-171) called for the creation of a Digital Transition and Safety Public Fund,


which would offset receipts from the auction of licenses to use the electromagnetic
spectrum recovered from discontinued analog signals. The initial auction was held
on January 24, 2008. The receipts from the auction will fund the following
programmatic functions at NTIA: a digital-analog converter box program to assist
consumers in meeting the February 2009 deadline for receiving television broadcasts
in digital format; public safety interoperable communications grants (which would
be made to ensure that public safety agencies have a standardized format for sharing
voice and data signals on the radio spectrum); New York’s 9/11 digital transition
funding (until the Freedom Tower is completed); assistance to low-power television
stations for converting from analog to digital transmission; a national alert and
tsunami warning program; and funding to enhance a national alert system as stated
in the ENHANCE 911 Act of 2004 (P.L. 108-494).
U.S. Patent and Trademark Office (USPTO)42
The USPTO examines and approves applications for patents on claimed
inventions and administers the registration of trademarks. It also assists other federal
departments and agencies to protect American intellectual property in the
international marketplace. The USPTO is funded by user fees paid by customers that
are designated as “offsetting collections” and subject to spending limits established
by the Appropriations Committee. For FY2007, the USPTO was provided with the
budget authority to spend $1.771 billion.
P.L. 110-161, the Consolidated Appropriations Act, FY2008, gives the U.S.
Patent and Trademark Office the budget authority to spend $1.916 billion in fees
collected (an increase of 8.2% over the previous fiscal year) and mandates that
existing fee increases be continued. This amount is the same as that included in the


42 This section was written by Wendy Schacht, Specialist in Science and Technology,
Resources, Science, and Industry Division.

Administration’s FY2008 budget proposal,43 which also stated that the Office be
permitted “full access” to its fee collections and that fee increases passed in 2005 and

2006 be maintained.


H.R. 3093, the FY2008 appropriations bill initially passed by the House, and the
version passed by the Senate, also would have provided the USPTO with the budget
authority to spend $1.916 billion. In addition, the bill mandated that earlier fee
increases remain in effect during FY2008.
Beginning in 1990, appropriation measures have limited the ability of the
USPTO to utilize the full amount of fees collected in each fiscal year. This is an area
of controversy. Opponents of this approach argue that agency operations are
supported by payments for services that must be financed in the year the expenses are
incurred. Proponents of methods to limit USPTO fee usage maintain that the fees are
necessary to help balance the budget and the fees appropriated back to the Office are
sufficient to cover operating costs.
Technology Administration/Office of the Under Secretary for
Technol ogy44
The Technology Administration and the Office of the Under Secretary for
Technology in the Department of Commerce advocated national policies that foster
technology development to stimulate economic growth, conduct technology
development and deployment programs, and disseminate technological information.
The Office of the Under Secretary for Technology also managed and supervised the
activities of the National Institute of Standards and Technology and the National
Technical Information Service. For FY2007, the Office was appropriated $2 million,
a 66% decrease in funding from FY2006.
The Consolidated Appropriations Act, 2008 (P.L. 110-161), did not include any
funding for the Technology Administration. The Presidents’s FY2008 budget
proposed financing of $1.6 million for the Technology Administration, 20% less than
FY2007. The FY2008 appropriations bill initially passed by the House, H.R. 3093,
would have provided $1 million in funds for the Technology Administration, to allow
for the “...necessary costs associated with the elimination of the position of Under
Secretary for Technology, as proposed in the budget request.” The version of H.R.
3093 passed by the Senate did not include financing for the Technology
Administration.


43 On p. 209 of the Budget of the United States Government, Fiscal Year 2008 — Appendix,
the amount of $1,915,500,000 requested for the USPTO is not rounded up and is presented
as $1,915 million.
44 This section was written by Wendy Schacht, Specialist in Science and Technology,
Resources, Science, and Industry Division.

National Institute of Standards and Technology (NIST)45
The NIST is a laboratory of the Department of Commerce. The organization’s
mandate is to increase the competitiveness of U.S. companies through appropriate
support for industrial development of pre-competitive generic technologies and the
diffusion of government-developed technological advances to users in all segments
of the American economy. NIST research also provides the measurement,
calibration, and quality assurance techniques that underpin U.S. commerce,
technological progress, improved product reliability, manufacturing processes, and
public safety.
The FY2007 appropriation for NIST was $676.9 million. Funding for internal
research and development under the Scientific and Technical Research and Services
(STRS) account increased from the previous year to $434.4 million (including the
Baldrige National Quality Program). The Advanced Technology Program (ATP) was
financed at $79.1 million, while $104.7 million was provided for the Manufacturing
Extension Partnership (MEP) program. The construction budget was $58.7 million.
The Consolidated Appropriations Act, 2008 (P.L. 110-161), provides NIST with
$755.8 million, an increase of 11.7% more than FY2007 and almost 18.0% more than
the Administration’s request. Support for the STRS account increases 1.4% to
$440.5 million (including the Baldrige National Quality Program). However, this
amount is almost 12.0% less than the President’s budget proposal. The Technology
Innovation Program (formerly the Advanced Technology Program)46 was
appropriated $65.2 million (with an additional $5 million from FY2007 unobligated
balances under ATP), 17.6% less than the previous fiscal year. Funding for MEP
totals $89.6 million, 14.4% less than FY2007, but 93.5% more than the budget
request. Support for construction almost triples to $160.5 million, more than 1½
times that contained in the original budget proposal.
The Administration’s FY2008 budget request would have provided $640.7
million for NIST, 5.3% less than the FY2007 figure, due primarily to the absence of
support for ATP and reduced funding for MEP. The STRS account would have
increased 15.2% to $500.5 million (including the Baldrige National Quality
Program). The FY2008 budget request included no funding for ATP and MEP would
have been reduced 55.8% to $46.3 million. Construction expenses would have
increased 60.0% to $93.9 million.
The initial House-passed FY2008 appropriations bill, H.R. 3093, would have
provided NIST with $831.2 million, 22.8% more than FY2007. Included in this total
was $500.5 million for the STRS account (with the Baldrige National Quality
Program), an increase of 15.2% over the previous fiscal year. Under the House bill,
funding for ATP would have increased 17.7% to $93.1 million, while funding for
MEP would have increased 3.9% to $108.8 million. The construction budget would


45 This section was written by Wendy Schacht, Specialist in Science and Technology,
Resources, Science, and Industry Division.
46 The new Technology Innovation Program was authorized by P.L. 110-69.

more than double to $128.9 million.47 Report language noted the House
Appropriations Committee’s support for then House-passed legislation that would
reestablish ATP as the Technology Innovation Program and change program
eligibility criteria and goals.48
The Senate-passed version of H.R. 3093 would have appropriated $863.0
million for NIST with $30.8 million of this amount directed to other non-NIST
programs for a final appropriation of $832.2 million.49 Funding for the STRS
account would have totaled $502.1 million (including the Baldrige National Quality
Program), 15.6% more than the FY2007 figure. The Advanced Technology Program
would have been financed at $100.0 million, with $30.8 million to be utilized by
activities in the Federal Bureau of Investigations and the U.S. Marshals Service. The
bill included a stipulation that no ATP applicant award was to be made to companies
with revenues greater than $1 billion. Support for the Manufacturing Extension
Program would increase 5.1% to $110.0 million. The construction budget would
have totaled $150.9 million, more than 2½ over times the FY2007 funding amount.
Continued support for the Advanced Technology Program has been a major
funding issue. The ATP was created to provide “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 have cited it as a prime example of
“corporate welfare,” whereby the federal government invests in applied research
activities that, they emphasize, should be conducted by the private sector. Others
have defended ATP, arguing that it assisted businesses (and small manufacturers) in
developing technologies that, while crucial to industrial competitiveness, would not
or could not be developed by the private sector alone. Although Congress
maintained (often decreasing) funding for the Advanced Technology Program, the
initial appropriation bills passed by the House since FY2002 failed to include
financing for ATP. During the 109th Congress, the version of the measure reported
from the Senate Committee on Appropriations also did not fund ATP. For FY2006,
support again was provided for the program, but the amount was 41% less than that
included in the FY2005 appropriations; FY2007 funding remained the same as the
previous fiscal year. The Consolidated Appropriations Act, 2008, provides support,
however reduced, for a new effort, the Technology Innovation Program, which
replaces ATP and is focused on small and medium sized firms.
The budget for the Manufacturing Extension Partnership, another extramural
program administered by NIST, has been debated since the FY2004 appropriations
deliberations. Although in the recent past congressional support for MEP remained
constant, the Administration’s FY2004 budget request, the initial House-passed bill,
and the FY2004 Consolidated Appropriations Act substantially decreased federal


47 The sum of these figures may not total $831.2 million because of rounding.
48 H.Rept. 110-240 (H.R. 3093), p. 25.
49 Senate amendments that transferred funds out of NIST include S.Amdt. 3279 sponsored
by Senator Jon Kyl, Congressional Record, daily edition (October 16, 2007), p. S12913 and
S.Amdt. 3294 sponsored by Senator John Ensign, Congressional Record, daily edition,
(October 16, 2007), p. S12895.

funding for this initiative, reflecting the President’s recommendation that
manufacturing extension centers “...with more than six years experience operate
without federal contribution.” However, P.L. 108-447 restored financing for MEP
in FY2005 to the level that existed prior to the 63% reduction taken in FY2004.
Although the level of support decreased in FY2006, it remained significantly above
the FY2004 figure; FY2007 funding remained at a similar level. As noted above,
MEP funding has been reduced by 14.4% to $89.6 million for FY2008, as compared
to the FY2007 program budget of $104.7 million.
As part of the American Competitiveness Initiative,50 announced by the
President in his 2006 State of the Union message, the Administration has indicated
that it intends to double over 10 years funding for “innovation-enabling research”
performed at NIST. This is to be accomplished through increased support of NIST’s
“core” programs, defined as internal research in the STRS account and the
construction budget. To this end, the President’s FY2007 budget requested an 18.3%
increase in funding for intramural R&D at the laboratory. For FY2007, P.L. 110-5
provided approximately half this increase of 9.6% to $434.4 million in support
research performed within the NIST facilities. For FY2008, P.L. 110-161 includes
a smaller increase of 1.4% to $440.5 million for the STRS account. This was in
contrast to the Administration’s budget which included a 15.2% increase in funding,
as did the House-passed version of H.R. 3093, while the Senate-passed version
included a 15.6% increase.
National Oceanic and Atmospheric Administration (NOAA)51
The mission of NOAA in the Department of Commerce is to understand and
predict changes in the Earth’s environment and conserve and manage coastal and
marine resources to meet the nation’s economic, social, and environmental needs.52
For FY2008, Congress addressed major concerns about NOAA funding in certain key
areas. These include restoring the meteorological and environmental satellite
program, developing a national ocean research and management policy,
implementing the Magnuson-Stevens Fishery Reauthorization Act of 2006, assisting
fisheries that sustained hardships in the Gulf of Mexico since 2005, and developing
a national ocean observation network.53


50 For further information, see The White House, Office of Science and Technology Policy,
Domestic Policy Counsel, American Competitiveness Initiative: Leading the World in
Innovation, February 2006, 23 pp.
51 This section was prepared by Wayne A. Morrissey, Science and Technology Information
Analyst, Resources, Science, and Industry Division.
52 Mission statement, Department of Commerce, NOAA FY2008 Budget Summary, February

8, 2007, at [http://www.corporateservices.noaa.gov/~nbo/FY08%20Rollout%20Materials/


1_31_07_ROLLOUT /Blue_Book/Ch.0_T OC_and_INT RO_08_Final.pdf].


53 For additional information, see CRS Report RS22614, The National Oceanic and
Atmospheric Administration (NOAA): FY2008 Budget and Congressional Appropriations
by Wayne A. Morrissey.

Table 5. NOAA Appropriations:
FY2007 and FY2008
(budget authority in millions of dollars)
NOAA AccountsFY2007EnactedaFY2008RequestHouse-PassedSenate-PassedFY2008Enacted
Operations, Research, and Facilities (ORF)
NOSNational Ocean
Service 493.2 436.8 449.0 532.1 467.9
NMFSNOAA Fisheries 669.8702.5700.5763.1708.6
OARNOAA Researchb368.9358.4410.0428.2387.9
NWSNational Weather
Service 735.8807.8811.5819.1805.3
NESDISNOAA Satellites 177.0157.8157.8172.3179.2
PSProgram Support351.8389.5407.8407.0392.4
Total ORF Budget Authority2,796.52,852.82,936.63,121.82,941.3
Emergency Supplemental170.40.00.00.00.0
Budget Authority Offsets
(PDAF/CZMF includingc
transfers/deobligations) (55.4) (85.9) (86.0) (84.9) (82.0)
Subtotal ORF2,911.52,766.92,850.63,036.92,859.3
Discretionary
Procurement, Acquisition,d
and Construction (PAC)1,110.1979.91,039.11,059.0979.2
Other Accounts (net total)
P CSRF / CZMF /F inance 56.7 62.8 60.8 86.0 58.0
Total: NOAAe4,078.33,809.63,950.54,184.93,896.5
Sources: For House amounts, see H.R. 3093 (H.Rept. 110-240) and Congressional Record, July 25-
26, 2007; for Senate amounts, S. 1745 (S.Rept. 110-124) and Congressional Record, October 4, 15-
16, 2007; and for FY2008 enacted amounts, the House Appropriations Committee Print on the
Consolidated Appropriations Act, 2008 (H.R. 2764/P.L. 110-161), pp. 438-450.
Note: Amounts may not total due to rounding.
a. The FY2007 Enacted column total includes funding authorized in P.L. 110-5, the Revised
Continuing Appropriations Resolution, 2007 and emergency funding of $107.4 million in P.L.
110-28, the U.S. Troop Readiness, Veterans Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007.
b. For FY2008, the House approved an additional budget authority of $9.7 million for selected
programs under NOAA Research, the sum of which is not included in House totals (H.Rept.
110-240, pp. 27-28).
c. For FY2007, a rescission of $25 million for NOAA was included in P.L. 110-28.
d. The Senate total reflects S.Amdt. 3290 to H.R. 3093, approved October 16, 2007, which transferred
$30 million from NOAAs PAC account to the U.S. Attorneys Office to hire additional
prosecutors for offenses relating to the sexual exploitation of children (re: Sec. 704 of P.L.
109-248).
e. The FY2008 total reflects a rescission of $11.3 million included in P.L. 110-161.



Table 5 shows funding levels for NOAA, including the FY2007 enacted,
FY2008 requested, FY2008 House- and Senate-passed, and FY2008 enacted. The
table is organized by the FY2008 NOAA budget structure, and includes the
Operations, Research, and Facilities (ORF) account; the Procurement, Acquisition,
and Construction (PAC) account; and “Other Accounts,” composed of the Pacific
Salmon Recovery Fund (PCSRF), the Coastal Zone Management Fund (CZMF), and
fisheries financing. Also shown is offsetting budget authority for NOAA that is
transferred to/from another agency; transferred internally, such as the CZMF; or
authorized by Congress from previous fiscal year(s) unobligated appropriations. In
some years, including FY2007, the agency received emergency appropriations or
congressionally mandated rescissions.
For FY2008, Congress approved $3.897 billion for NOAA. This includes $2.86
billion for the ORF account, $979 million for the PAC account, and a net total of $6454
million for NOAA’s Other Accounts. NOAA appropriations for FY2008 are 0.5%
below FY2007 enacted levels of $3.91 billion (less emergency appropriations); 2.1%
greater than the FY2008 request of $3.81 billion; 1.5% less than House-approved
levels of $3.95 billion; and 6.9% less than Senate-approved levels of $4.18 billion.
Final FY2008 appropriations for NOAA ORF, in general, appear to represent the
middle ground between the FY2008 request and House-approved funding for NOAA,
with some exceptions. Congress appropriated larger increases for the NOAA
satellites program than were proposed across-the-board, except in the case of
Geostationary Operational Environmental Satellite R-Series (GOES-R), for which
funding was reduced commensurately with the cancellation of a planned suite of
environmental remote sensing instruments. Among other amounts, Congress
provided
!$5.4 million for the National Weather Service (NWS) to continue
operations and expand the Urbanet III air quality, detection, and
characterization network to at least 40 U.S. cities; however, there
there is a slight decrease overall for the NWS of $2.3 million, as
compared with the President’s request of $807.8;
!$20.1 million for the NOAA Marine Fisheries Service (NMFS) to
relieve fishermen previously operating in specific marine
conservation areas, while also providing language encouraging
NOAA to deliver Bycatch Reduction Devices (BRDs) to Gulf
fisheries;
!$5.9 million for a National Academy of Sciences (NAS) study on
establishing a Climate Study Committee and to hold a Summit on
climate change on behalf of NOAA (P.L. 110-161, Div. B, Title I,
Sec. 114); and


54 Not including $6 million in fisheries financing offsetting budget authority.

!$34.1 million for NOAA education programs and authorized agency
involvement in science education at all levels of learning.55
In addition, NOAA’s FY2008 appropriation includes language that was amended to
the House-passed bill by Delegate Bordallo (Guam) that sets out that no less than
$500 thousand of the FY2008 appropriation is to be provided to fund Western Pacific
Fishery Demonstration Projects.56
The House-passed version of H.R. 3093 would have provided $3.95 billion for
NOAA. This amount was $140.9 million, or 3.7% more than the FY2008 request,
and $127.8 million, or 1.0% less than the FY2007 funding level (including
supplemental appropriations of $107.4 million). Further, it was $230 million, or
5.5% less than the Senate-approved $4.18 billion (including emergency
appropriations). The House had approved $2.851 billion for ORF, $1.039 billion for
PAC, and a net $60.8 million for NOAA’s Other Accounts.
House report language indicated that provided for in the House-passed bill was
$6 million for an exploratory study by NAS to establish a Climate Change Study
Committee (there was no similar provision in the Senate bill report); a $23 million
increase for NOAA Satellite Services for restoring critical sensors on future satellite
missions to ensure continuity of weather data and environmental observations; and
$31.2 million for coastal and outer continental shelf hydrographic surveys (the same
amount as requested by the President), with the requirement that NOAA report on the
status and composition of its ocean observation capabilities.57 Also included in the
House-passed bill was $37.7 million (an increase of $18.3 million) for NOAA
education and outreach programs, including $5 million that would provide for
competitive education grants (almost double the President’s request, but at the same
level as for FY2007) and $140 million for competitive climate change research
grants. In addition, the House bill included $64.8 million for the Pacific Coastal
Salmon Recovery Fund, for which Congress has provided $67 million for FY2008;
and $15 million more than requested by the President for the Coastal Estuarine Land
Conservation Program (CELCP), for which Congress has provided an additional $8
million in NOAA’s FY2008 appropriation.58
The Senate-passed version of H.R. 3093 would have provided $4.185 billion for
NOAA, including $3.037 billion for ORF; $1.059 billion for the PAC account; and
a net total of $86 million for NOAA’s Other Accounts, $90 million of which would
have been for the PCSRF. Senate report language was critical of NOAA efforts to
reform ocean policy, for which the Senate-passed bill included almost $795 million
to further implementation of the Joint Ocean Commission Initiative (JOCI)
recommendations “for greater stewardship of our Oceans.” The final tally approved


55 House Appropriations Committee Print on the Consolidated Appropriations Act, 2008
(H.R. 2764/P.L. 110-161), pp. 232-246.
56 H.Amdt. 27 to H.R. 3093, Congressional Record, daily edition, vol. 153 (July 25, 2007),
pp. H8440-H8441.
57 H.Rept. 110-240 (H.R. 3093), pp. 26-36.
58 Ibid.

by Congress for the JOCI was around $511 million and, as in the Senate, funding was
mostly for existing programs and a few new starts.
The Senate concurred with the House about reported NOAA satellite program
deficiencies and sought to restore sensors critical for weather observations and
climate change research on future launches of the polar orbiting satellite program
(NPOESS).59 Although there were no references to such increases in the explanatory
language accompanying P.L. 110-161, the increased funding for total NOAA satellite
system acquisitions would likely provide for such efforts. Senate report language
indicated support for the development of new, and preservation of existing, climate
data and information.60
Just as the House, the Senate called for grants for a number of “open
competitive” research programs be established across the agency. Report language
underscored that the Senate bill included $425 million for open, competitive grants,
of which $140 million would be for climate change program activities.61 Both the
Senate and the House approved $20.3 million to construct the Pacific Region Center
at Pearl Harbor, Hawaii. In NOAA’s FY2008 appropriation, Congress approved $20
million for the Pacific Region Center and also funded a Disaster Response Center for
severe weather to be established in the Gulf of Mexico at $11.3 million. Finally,
Senate report language called for certain NOS coastal ocean activities to attain
program status, but similar language was not included in the explanatory statement
accompanying P.L. 110-161; however, budget baselines for their parent programs,
Marine Sanctuaries and the NOAA Coastal Service Center, appear to have been
increased by conferees on H.R. 2764 in the explanatory statement tables for NOAA’s
FY2008 appropriation.
On the Senate floor, the NOAA PAC account was reduced $30 million by
S.Amdt. 3290 to H.R. 3093 — a reduction ultimately approved by Congress for
FY2008.62 Other Senate amendments to H.R. 3093 adopted were reported in the
explanatory statement as general provisions for Title I and include (1) Magnuson-
Stevens Fishery Conservation and Management Act of 1976 (P.L. 109-79)
requirements for publishing of illegal, unreported, or unregulated fishing activities
and the names of associated marine vessels;63 (2) safety requirements for NOAA
scientific and occupational divers;64 (3) relief of fisheries operating in a
presidentially-declared Marine National Monument in Hawaii;65 and (4) a systematic


59 S.Rept. 110-124 (S. 1745), pp. 26-51.
60 Ibid.
61 Ibid.
62 S.Amdt. 3290 (Sec. 217(b)) to accompany H.R. 3093, Congressional Record, daily
edition, vol. 153 (October 16, 2007), p. S12913.
63 Joint Explanatory Statement, Sec. 113.
64 Ibid. Sec. 110.
65 Ibid. Sec. 111.

joint evaluation of the NOAA Satellite Program budget by Congress, the Secretary
of Commerce, and the Office of Management and Budget (OMB).66
Still other Senate amendments to H.R. 3093 were incorporated in the
explanatory statement as part of appropriations language, and include (1)
encouragement of Congress for bycatch reduction devices for shrimpers in Gulf
Coast waters (S.Amdt. 3228); (2) regional coastal disaster assistance, and transition
in the Northern Gulf of Mexico (S.Amdt. 3314); and (3) funds for the National
Research Council to conduct a study on oceans acidification (S.Amdt. 3251).
In terms of funding for FY2008, the NOAA request was the largest for the
Department of Commerce, and accounted for about 58% of the department’s FY2008
proposed budget ($6.596 billion). The President requested $3.809 billion for NOAA,
which was $243.6 million less than FY2007 appropriations, or a 6% decrease. The
President’s budget proposed savings of $30.2 million from programs that were either
“unrequested” by the Administration in FY2007 or were “performing poorly.”67
NOAA’s Administrator, Vice Admiral Conrad C. Lautenbacher, Jr. (Ret. Navy),
indicated that the FY2008 budget request was a “national consensus” of requirements
to fund ongoing activities at the agency.68
Of the $3.809 billion, the President requested $2.767 billion for NOAA’s ORF
account; $979.9 million for the PAC account; and, for NOAA’s “Other Accounts,”
$62.8 million for the PCSRF.69 The President’s funding priorities for NOAA were
focused in the following areas.
!Enhance the Personnel and Core Mission, including administrative,
custodial, and mission support-related functions, to improve safety
of NOAA Corps officers who pilot marine vessels and perform
research services.
!Reprogram funds within the NOAA Satellite Service to prioritize
launch of the polar orbiting Prime (N’) in 2009 so as to ensure
continuity of meteorological and environmental observations;
implement its replacement, the National Polar Orbiting
Environmental Satellite System (NPOESS); advance the NPOESS
preparatory project (NPP) by testing sensors and ground systems for


66 Ibid. Sec. 112.
67 See example of performance ratings for NOAA’s “Coastal Zone Management Act
Programs,” available at [http://www.whitehouse.gov/omb/expectmore/summary/10001018.

2003.html].


68 U.S. Department of Commerce, NOAA, “2008 President’s Budget Rollout,” presentation
of Vice Admiral Conrad C. Lautenbacher, Jr., U.S. Navy (Ret.), Under Secretary of
Commerce for Oceans and Atmosphere, February 8, 2007. Slide presentation available at
[http://www.cor por at eser vi ces.noaa.go v/ % 7 Enbo/ FY08% 20Rollout%20Materials/ 1_31_07_
R O L L O U T / V A D M _ P r e s e n t a t i o n / F Y 0 8 _ VADM_Constituents%20Brief_FINAL_2_7_

07.pdf].


69 Not including $6 million in fisheries financing offsetting budget authority.

future weather data collection and management; and keep on
schedule for the launch of the first NPOESS-C1 satellite in 2013.
!Fund President Bush’s Ocean Action Plan to conduct ocean-related
activities and include $14 million for the International Ocean
Observation System (IOOS) and $123 million for ocean research,
fisheries management, and marine conservation.
!Request new funds to operate and maintain a third WP-3 Orion
“hurricane hunter” plane acquired through Hurricane Katrina
emergency appropriations (P.L. 109-234) and deploy the last 19
tsunami detection (DART) buoys procured for Pacific waters.
!Promote an organic act to authorize all NOAA programs and
activities under a single law.70 The House Committees on Resources
and Science have considered legislation to establish NOAA in the
Department of Commerce statutorily; define the agency’s mission,
functions, and authorities; and place greater emphasis on marine
ecosystem-based management at the agency.71
In the final outcome of FY2008 appropriations, it appears that Congress was
amenable to most of the President’s requests for national funding for NOAA. In
some cases, however, it went steps further to provide more resources than was
requested for certain key programs and activities of importance in their home
districts, including regional economic issues and disaster recovery, and other issues
of national concern such as long-term observation and assessment of the the state of
the environment, with respect to atmospheric pollution, climate change, and the
health of the oceans. In some cases, Congress avoided more drastic budget savings
proposed for NOAA by the Bush Administration, and provided greater funding for
NOAA activities as proposed by the the Senate to address needs and priorities at the
agency.
Departmental Management72
The enacted FY2008 amount for Departmental Management (P.L. 110-161) is
$70.0 million, which is $3.7 million less than the FY2007 enacted amount and $17.4
million less than the President’s request. The President’s FY2008 budget request
included $87.4 million for Departmental Management: $58.7 million for salaries and
expenses, $23.4 million for the Office of Inspector General (IG), and $4.3 million for


70 NOAA was created in the Department of Commerce by President Nixon with
Reorganization Plan No. 4 in 1970, which consolidated programs from different agencies
across the federal government. Those programs have maintained their respective original
authorizing laws.
71 Hearings on H.R. 21 were held by the Committee on House Resources, Subcommittee on
Fisheries, Wildlife, and Oceans on April 26, 2007. In that venue, the Administration
differed with Congress’s decisions about agency flexibility and budget autonomy.
72 This section was written by Edward V. Murphy, Analyst in Financial Institutions,
Government and Finance Division.

renovation to the department’s headquarters, the Herbert C. Hoover Building. The
$87.4 million requested for Departmental Management was $13.8 million more than
the FY2007 appropriation, a 18.7% increase. The $58.7 million for salaries and
expenses would have been approximately $11.6 million more than the FY2007
appropriation, a 24% increase. The $23.4 million for the IG would have been a slight
increase from the FY2007 appropriation of $22.6 million. The President’s FY2008
budget included $1 million for the Coordination Council, which did not receive any
funding in FY2007. The President’s FY2008 request did not include any funding for
United States Travel and Tourism Promotion, compared with $3.9 million enacted
in FY2007.
The Senate passed its committee’s recommendation of $82.7 million for
Departmental Management, which was $4.7 million less than the President’s request.
The House bill, as passed, included $46.5 million for Departmental Management
after several amendments reduced the House committee’s recommendation by $40
million by transferring that funding to Department of Justice programs.73
Consequently, the $46.5 million for Departmental Management included in the
House-passed bill was $40.9 million less than the Administration’s request and $36.2
million less than the Senate recommendation. The House-passed bill had included
$3.4 million for renovations to the Herbert C. Hoover Building, while the
Administration had included $4.3 million. Neither the Senate nor the House
recommendation included any funds for United States Travel and Tourism
Promotion.
Related Legislation
P.L. 110-69 (H.R. 2272)
America COMPETES Act. Title III authorizes funding for the National Institute
of Standards and Technology (NIST) through 2010 and creates several new
manufacturing R&D programs in that organization. Among the new programs
established within NIST would be a Technology Innovation Program to replace the
Advanced Technology Program. Introduced on May 10, 2007; referred to the House
Committee on Science and Technology. Passed House on May 21, 2007, and
received in the Senate on May 22, 2007. Placed on Senate Legislative Calendar
under General Orders. Senate struck out all after the Enacting Clause and substituted
the language of S. 761. Passed Senate, with the amendment, on July 19, 2007.
Conference held and conference report agreed to on July 31, 2007. House and Senate


73 As described more fully below, Representative Zoe Lofgren offered an amendment
(H.Amdt. 652) that transferred the $25 million from Commerce’s Departmental
Management account to the State Criminal Alien Assistance Program as part of a larger
increase of $55 million for the latter program. Representative Ted Poe offered an
amendment (H.Amdt. 668) that reduced the same account by $10 million, as a cost savings
measure so that obligations from the Victims of Crime Trust Fund could be increased by that
amount. In addition, Representative David Reichert offered an amendment (H.Amdt. 669)
that shifted $5 million from Commerce’s Departmental Management account to the Office
on Violence Against Women. Congressional Record, daily edition, vol. 153 (July 25,

2007), pp. H8443-8447, H8465-8466; pp. H8477-H8478, H8494-H8495; and H8478-H8480,


H8495-H8496.

agreed to conference report on August 2, 2007. Signed into law by the President on
August 9, 2007.
H.R. 21 (Farr)
The Oceans Conservation, Education, and National Strategy for the 21st Century
Act was introduced on January 4, 2007 and referred to the House Committees on
Resources and Science. Title II of this act would repeal the executive order that
created NOAA in 1970, establish the National Oceanic and Atmospheric Agency
(NOAA) within the Department of Commerce, and authorize all of its programs and
activities under a single law, or organic act. It would maintain the current leadership
structure and preserve the status of extant NOAA rules, regulations, and other legal
matters with few exceptions. The act lays out the mission and programs required to
be maintained by NOAA to support operations, research, and, services. It identifies
research and development (R&D) and education and outreach part of NOAA’s
mission. It would authorize a NOAA Science Advisory Board. It would require
National Academy of Sciences reviews of NOAA activities, including adequacy of
environmental data and information systems, a strategic plan for R&D, and
extramural support of NOAA operations. A reorganization plan would be required
18 months after enactment and an annual internal assessment of NOAA’s
effectiveness and efficiency. The Administrator of NOAA would be required to
notify Congress and the public prior to closing, transferring, changing, or establishing
any NOAA facility. Conditions are set for developing major programs to include
determining cost baseline and notifying Congress when cost increases or schedule
delays occur in major programs. Finally, the act places greater emphasis on
ecosystem-based management as part of NOAA research and operations. A hearing
on H.R. 21 was held by the House Resources Subcommittee on Fisheries, Wildlife,
and Oceans on April 26, 2007. Sponsor’s remarks on H.R. 21 were included in the
Congressional Record, June 6, 2007: H6104.
H.R. 1868 (Wu)
The Technology Innovation and Manufacturing Stimulation Act of 2007, as
passed by the House, would authorize funding for NIST through 2010 and create
several new manufacturing R&D programs within NIST.
S. 761 (Reid)
The America Creating Opportunities to Meaningfully Promote Excellence in
Technology, Education, and Science Act, as passed by the Senate, would authorize
appropriations for NIST through FY2011, as well as provide for the creation of a new
manufacturing R&D program within NIST, among other things.
Related CRS Products
CRS Report 95-36, The Advanced Technology Program, by Wendy H. Schacht.
CRS Report RL31832, The Export Administration Act: Evolution, Provisions, and
Debate, by Ian F. Fergusson.
CRS Report 97-104, Manufacturing Extension Partnership Program: 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 RS22614, The National Oceanic and Atmospheric Administration
(NOAA): FY2008 Budget and Congressional Appropriations, by Wayne A.
Morrissey.
CRS Report RL32739, Tsunamis: Monitoring, Detection, and Early Warning
Systems, by Wayne Morrissey.
CRS Report RS21469, The National Telecommunications and Information
Administration (NTIA): Budget, Programs, and Issues, by Glenn McLoughlin.
CRS Report RS20906, U.S. Patent and Trademark Office Appropriations Process:
A Brief Explanation, by Wendy H. Schacht.
Department of Justice74
Background
Established by an act of 1870 (28 U.S.C. 501) with the Attorney General at its
head, the Department of Justice provides counsel for citizens and protects them
through law enforcement. It represents the federal government in all proceedings,
civil and criminal, before the Supreme Court. In legal matters, generally, the
Department provides legal advice and opinions, upon request, to the President and
executive branch department heads. The major functions of DOJ agencies and
offices are described below.
!United States Attorneys prosecute criminal offenses against the
United States, represent the federal government in civil actions, and
initiate proceedings for the collection of fines, penalties, and
forfeitures owed to the United States.
!United States Marshals Service provides security for the federal
judiciary, protects witnesses, executes warrants and court orders,
manages seized assets, detains and transports unsentenced prisoners,
and apprehends fugitives.
!Federal Bureau of Investigation (FBI) investigates violations of
federal criminal law; helps protect the United States against
terrorism and hostile intelligence efforts; provides assistance to other
federal, state, and local law enforcement agencies; and shares
jurisdiction with Drug Enforcement Administration (DEA) over
federal drug violations.


74 This section was written by Celinda Franco, Specialist in Social Legislation, and Nathan
James, Analyst in Crime Policy, Domestic Social Policy Division.

!Drug Enforcement Administration (DEA) investigates federal drug
law violations; coordinates its efforts with state, local, and other
federal law enforcement agencies; develops and maintains drug
intelligence systems; regulates legitimate controlled substances
activities; and conducts joint intelligence-gathering activities with
foreign governments.
!Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
enforces federal law related to the manufacture, importation, and
distribution of alcohol, tobacco, firearms, and explosives. It was
transferred from the Department of the Treasury to the Department
of Justice by the Homeland Security Act of 2002 (P.L. 107-296).
!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 on Violence Against Women coordinates legislative and other
initiatives relating to violence against women and administers grant
programs to help prevent, detect, and stop violence against women,
including domestic violence, sexual assault, and stalking.
!Office of Justice Programs (OJP) manages and coordinates the
activities of the Bureau of Justice Assistance, Bureau of Justice
Statistics, National Institute of Justice, Office of Juvenile Justice and
Delinquency Prevention, Community Oriented Policing Services
(COPS), and the Office of Victims of Crime.
!Office of Community Oriented Policing Services (COPS) administers
grants to assist law enforcement agencies in enhancing public safety
through the implementation of community policing strategies.
COPS grants support, among other things, the enhancement of law
enforcement officers’ problem-solving and community interaction
skills to foster working relationships with community members that
are focused on improving crime prevention within communities.
Most crime control has traditionally been a state and local responsibility. With
the passage of the Crime Control Act of 1968 (P.L. 90-351), however, the federal
role in the administration of criminal justice has increased incrementally. Since
1984, Congress has approved five major omnibus crime control bills, designating
new federal crimes, penalties, and additional law enforcement assistance programs
for state and local governments.
Government Performance and Results Act
The Government Performance and Results Act (GPRA) required the
Department of Justice, along with other federal agencies, to prepare a five-year
strategic plan, including a mission statement, long-range goals, and program



assessment measures. The Department’s Strategic Plan for FY2007-FY2012 sets
forth six goals:
!detect and prevent terrorism;
!combat violent crime;
!combat computer crime, especially child pornography, obscenity,
and intellectual property theft;
!combat illegal drugs;
!attack corporate and public corruption; and
!promote civil rights and civil liberties.75
FY2008 Budget Request76
For the Department of Justice (DOJ), the Consolidated Appropriations Act,
2008 (P.L. 110-161) provides $23.592 billion in FY2008 funding, an increase of
$381.5 million over the FY2007 appropriation (see Table 6). This funding exceeds
the President’s FY2008 budget request of $22.348 billion by nearly $1.244 billion.
The FY2008 request, moreover, would have been $862.5 million less than the
FY2007 DOJ appropriation of $23.210 billion. By comparison, for FY2008, the
Senate-passed bill would have provided $24.493 billion for DOJ, $1.282 billion more
than the FY2007 enacted level and almost $2.145 billion more than the FY2008
request. The House-passed bill would have provided $23.974 billion, $764 million
more than the FY2007 appropriation and $1.626 billion more than the FY2008
request, although $518.6 million less than the proposed amount in the Senate-passed
bill.
In recent years, as a part of the DOJ appropriations process there has been
controversy over the appropriate level of assistance the Department provides to states
and localities for law enforcement and crime prevention grants. The divergence
between the Administration’s and Congress’ perspectives on this issue is evident in
the relatively large differences in the funding levels requested by the President and
the amounts appropriated by Congress for programs under the Office of Justice
Programs (OJP). Generally, Congress has provided higher funding levels for these
activities compared to the President’s budget request.


75 U.S. Department of Justice, Office of the Attorney General, Stewards of the American
Dream: FY 2007 — FY 2012 Strategic Plan, available at [http://www.usdoj.gov/jmd/mps/
strategi c2007-2012/index.html ].
76 The DOJ appropriations process often includes proposals to rescind unobligated balances
or unobligated recoveries from prior year appropriations. Rescissions are included in the
FY2008 appropriations proposals for specific activities or programs. Because these amounts
do not reduce the amounts appropriated by Congress for the current fiscal year they are not
detailed in Table 6. Total amounts of proposed DOJ rescissions are reflected in the
summary table at the end of the report.

Table 6. Funding for the Department of Justice
(budget authority in millions of dollars)
AccountsFY2007EnactedaFY2008 RequestbHouse-PassedSenate-PassedFY2008Enacted
General Administration1,836.21,901.6 1,819.51,829.01,794.8
U.S. Parole Commission11.512.2 12.212.211.5
Legal Activities3,393.13,664.9 3,609.13,710.63,584.0
General legal activities678.8750.6 750.6753.0745.5
United States Attorneys1,660.01,747.8 1,748.61,777.81,754.8
United States Marshals Service825.4899.9 886.2912.7866.5
Other229.0266.6 223.7267.1217.2
National Security Division68.778.1 78.178.173.4
Interagency Law Enforcement497.9509.2 509.2509.2497.9
Federal Bureau of Investigation6,298.66,524.8b6,531.86,601.76,657.7
Salaries and expenses3,987.54,041.4 4,195.04,086.74,184.9
Counterintelligence and
National Security2,259.72,308.6 2,308.62,308.62,308.6
Construction51.481.4 28.2206.4164.2
Drug Enforcement Administration1,761.11,804.6b1,842.61,854.21,857.6
Bureau of Alcohol, Tobacco,
Firearms and Explosives984.11,014.0 1,014.01,049.01,007.6
Federal Prison System5,448.25,363.9 5,268.95,648.95,425.5
Office of Violence Against Women382.6370.0 459.0400.0400.0
Office of Justice Programs2,528.51,104.7 2,830.02,800.12,282.0
Justice assistance238.3167.3 250.0240.0196.2
State and local law enforcement
assistance1,286.8550.0 1,380.01,430.01,008.1c
Weed and seed program fund49.450.032.1
Community oriented policing c
services541.832.3 725.0660.0587.2
Juvenile justice programs338.4280.0 399.9345.0383.5
Public safety officers benefits
program73.875.1 75.175.174.8
Total: Department of Justice23,210.422,347.9d23,974.224,492.823,591.9

Sources: For House amounts, see H.R. 3093 (H.Rept. 110-240) and Congressional Record, July 25-26, 2007; for
Senate amounts, S. 1745 (S.Rept. 110-124) and Congressional Record, October 4, 15-16, 2007; for final enacted
FY2008 amounts, the House Appropriations Committee Print on the Consolidated Appropriations Act, 2008
(H.R. 2764/P.L. 110-161), pp. 438-450.
Note: Amounts may not total due to rounding.
a. The FY2007 Enacted column includes funding provided by the Revised Continuing Appropriations Resolution,
2007 (P.L. 110-5), and the U.S. Troop Readiness, Veterans Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (P.L. 110-28).
b. The FY2008 request amounts reflect a November 6, 2007, budget amendment that would provide additional
funding for the FBI ($93.5 million for cybersecurity and counterterrorism) and the DEA ($2 million for
counterterrorism). The FY2008 request amounts, however, do not reflect an additional $146.7 million
requested by the Administration in February 2008 for the Department of Justice as part of the FY2008 Global
War on Terror Supplemental.
c. FY2008 proposed funding in the House-passed bill for COPS of $725 million includes $49.7 million for the Weed
and Seed program.



For FY2008, Congress has appropriated $2.282 billion for all OJP programs,
$246.5 million less than the FY2007 enacted level. This amount exceeds the
President’s FY2008 budget request of $1.105 billion for OJP programs by $1.177
billion. The President’s proposed reduction of $1,105 would have been nearly
$1.424 billion less then the FY2007 appropriation of $2.529 billion. The Senate-
passed bill would have provided $2.80 billion for these programs, an amount that is
$271.6 million more than the FY2007 appropriation, and nearly $1.695 billion more
than the FY2008 request. The House-passed bill would have provided $2.830
billion, $301.5 million more than the FY2007 appropriation, $1.725 billion more
than the FY2008 request, and $29.9 million more than in the Senate-passed bill.
(For a more detailed discussion, see the Office of Justice Programs section, below.)
General Administration
The General Administration account for DOJ provides funds for salaries and
expenses, the Attorney General’s office, the Inspector General’s office, as well as
other programs designed to ensure that the collaborative efforts of DOJ agencies are
coordinated to help fight crime as efficiently as possible. One example of such
activities and programs is the Joint Automated Booking System and the Automated
Biometric Identification System, which is designed to integrate fingerprint
identification systems (e.g., IAFIS and IDENT). In addition, DOJ continues to
enhance its counterterrorism and intelligence capabilities through infrastructure
improvements and initiatives, including the Law Enforcement Wireless
Communications (LEWC, formerly known as Narrowband Communications) for
developing and implementing nation-wide integrated wireless networks to support
the federal law enforcement and homeland security missions of DOJ. Additionally,
funding for the Justice Information Sharing Technology (JIST) account provides for
investments in information technology to further support the Department’s strategic
goals.
The General Administration appropriation is $1.795 billion for FY2008.77 This
amount is $41.3 million less than the enacted FY2007 appropriation of $1.836
billion; however, it is $106.8 million less than the President’s FY2008 budget request
of $1.902 billion. The Senate-passed bill would have funded this account at $1.829
billion for FY2008, $7.2 million less than the FY2007 appropriation and $72.6
million less than the FY2008 request. The House-passed bill would have funded this
account at nearly $1.819 billion, $16.7 million less than the FY2007 appropriation
level, $82.1 million less than the FY2008 request, and $9.5 million less than the
Senate-passed bill. The House-passed amount was $50.3 million less than the
House-reported amount as several amendments would have offset funding for other
programs by reducing funding for General Administration.78


77 P.L. 110-161 rescinds $7.4 million of unobligated balances from the the General
Administration’s salaries and expenses subaccount, $41.0 million from the Working Capital
Fund, and $1.3 million from the Telecommunications Carrier Compliance Fund.
78 As discussed previously, the House-passed bill reflected an amendment offered by
Representative Shimkus (H.Amdt. 646) that shifted $5 million from General
Administration’s salaries and expenses subaccount to the NTIA (under the Department of
(continued...)

Justice Information Sharing Technology (JIST). For JIST, the FY2008
General Administration appropriation includes $85.5 million,79 a $38 million
reduction from FY2007 enacted appropriations and $15 million less than the
President’s FY2008 request of $100.5 million. The Senate-passed bill would have
provided $90.8 million, $27.8 million less than the FY2007 appropriation of $123.6
million, and $4.7 million less than the FY2008 request. The House-passed bill would
have provided the same amount requested in the President’s budget.
Federal Office of Detention Trustee (OFDT). The OFDT provides overall
management and oversight for federal detention services relating to federal prisoners
in non-federal institutions or otherwise in the custody of the U.S. Marshals Service.
The FY2008 appropriation for OFDT is almost $1.226 billion. Although this amount
is $104 thousand more than the FY2007 appropriation, it is $68.3 million less than
the President’s FY2008 budget request of $1.294 billion in funding. The Senate-
passed bill would have provided OFDT with approximately $1.266 billion, $40
million more than the FY2007 appropriation, but $28.4 million less than the FY2008
request. The House-passed bill would have provided OFDT funding of $1.261
billion,$35 million more than the FY2007 appropriation, but $33.4 million less than
the FY2008 request, and $5.0 million less than in the Senate-passed bill.80
Office of the Inspector General (OIG). The OIG is responsible for
detecting and deterring waste, fraud, and abuse involving DOJ programs and
personnel and promoting economy and efficiency in DOJ operations. The OIG also
investigates allegations of departmental misconduct. For FY2008, Congress has
appropriated of $70.6 million for the DOJ OIG, a funding level equal to the amount
enacted in FY2007, although $2.6 million less than the FY2008 President’s request
of $73.2 million. The Senate-passed bill would have provided $73.7 million for the
OIG, $3.1 million greater than the FY2007 appropriation and $492 thousand greater
than the FY2008 request. The House-passed bill would have provided $74.7 million,
$4.1 million greater than the FY2007 appropriation, $1.5 million greater than the
FY2008 request, and $1.0 million greater than the amount in the Senate-passed bill.


78 (...continued)
Commerce). In addition, as discussed below, an amendment offered by Representative
Lofgren (H.Amdt. 652) shifted $25 million from that same subaccount to the State Criminal
Alien Assistance Program (under the Office of Justice Programs), an amendment offered by
Representative Jay Inslee (H.Amdt. 750) shifted another $14 million to the Office on
Violence Against Women, and an amendment offered by Representative Judy Biggert
(H.Amdt. 654) shifted $6.3 million to efforts to investigate and prosecute mortgage fraud
($5.5 million to the Federal Bureau of Investigation and $750 thousand to the U.S.
Attorneys). Consequently, in the House-passed bill, the General Administration salaries and
expenses subaccount was reduced from $58.7 million to $8.4 million by those amendments.
79 P.L. 110-161 includes a rescission of $5.9 million of unobligated balances from JIST.
80 For FY2008, P.L. 110-161 rescinds $145 million of unobligated balances from prior year
appropriations for OFDT. Both the Senate- and House-passed bills included proposed $135
million rescissions from the OFDT account.

U.S. Parole Commission
The U.S. Parole Commission adjudicates parole requests for prisoners who are
serving felony sentences under federal and District of Columbia code violations. The
FY2008 appropriation for the Parole Commission is nearly $11.5 million, an amount
that is $47 thousand less than the FY2007 appropriation, and $732 thousand less than
the FY2008 request of $12.2 million. For FY2008, the Senate- and House-passed
bills would have provided an appropriation equal to the amount requested by the
President.
Legal Activities
The Legal Activities account includes several subaccounts: (1) general legal
activities, (2) U.S. Attorneys, (3) U.S. Marshals Service, (4) prisoner detention, and
(5) other legal activities. For FY2008, Congress has appropriated $3.584 billion for
Legal Activities, $190.9 million greater than the FY2007 appropriation of $3.393
billion,81 although it is $80.9 million less than the President’s budget request of
$3.665 billion. The Senate-passed bill would have provided nearly $3.711 billion for
this account, $317.5 million more than the FY2007 appropriation and $45.7 million
more than the FY2008 request. The House-passed bill would have provided $3.609
billion, $216 million greater than the FY2007 appropriation; however, that amount
would have been $55.8 million less than the FY2008 request and almost $101.5
million less than the Senate-passed bill.82
General Legal Activities. The General Legal Activities account funds the
Solicitor General’s supervision of the department’s conduct in proceedings before the
Supreme Court. It also funds several departmental divisions (tax, criminal, civil,
environment and natural resources, legal counsel, civil rights, and antitrust). The
FY2008 general legal activities appropriation is $735.5 million, an increase of $58.4
million over the FY2007 appropriation of $678.8 million,83 but $15 million less than
the President’s FY2008 budget request of $750.6 million. The Senate-passed bill
would have provided $753 million for General Legal Activities, $74.2 million more
than the FY2007 appropriation and $2.4 million more than the FY2008 request. The
House-passed bill would have provided $750.6 million, an amount equal to the
FY2008 request.
Office of the U.S. Attorney. The U.S. Attorneys enforce federal laws
through prosecution of criminal cases and represent the federal government in civil
actions in all of the 94 federal judicial districts. For FY2008, the U.S. Attorneys’
appropriated budget is almost $1.755 billion. This amount is $94.9 million more
than FY2007 enacted budget and $7.0 million more than the President’s FY2008


81 This amount includes $1.648 million in FY2007 Emergency appropriations for General
Legal Activities (P.L. 110-28), described below.
82 For FY2008, P.L. 110-161 rescinds $240 million of unobligated balances from the Assets
Forfeiture Fund under the Legal Activities account. The President’s budget request and the
Senate- and House-passed bills included rescissions in the same amount.
83 This amount includes $1.648 million in FY2007 Emergency appropriations (P.L. 110-28).

budget request of almost $1.748 billion. The Senate-passed bill would have provided
the U.S. Attorneys Office with $1.778 billion,84 $30 million more than the FY2008
request and $118 million more than the FY2007 appropriation. The House-passed
bill85 would have provide $1.749 billion for the U.S. Attorneys, $88.7 million more
than the FY2007 appropriation, $750 thousand more than the FY2008 request, and
$29.3 million less than the amount in the Senate-passed bill.
U.S. Marshals Service (USMS). The USMS is responsible for the
protection of the federal judicial process, including protecting judges, attorneys,
witnesses, and jurors. In addition, USMS provides physical security in courthouses,
safeguards witnesses, transports prisoners from court proceedings, apprehends
fugitives, executes warrants and court orders, and seizes forfeited property. For
FY2008, the appropriation for the USMS is $866.5 million. Although this amount
is $41.2 million more than the FY2007 appropriation of $825.4 million,86 it is $33.4
million less than the $899.9 million included in the FY2008 President’s budget
request. For FY2008, the Senate-passed bill would have provided $912.7 million for87
the USMS, $87.4 million more than the FY2007 appropriation, and $12.8 million
more than the FY2008 request. For construction, the Senate-bill would have created88
a separate account that would have been funded at just over $8.0 million for
FY2008. The House-passed bill would have provided $886.2 million for USMS,
almost $60.9 million greater than the FY2007 appropriation, although nearly $13.7
million less than the FY2008 request and $26.5 million less than the Senate-passed
bill.
Other Legal Activities. For other legal activities — the Community
Relations Service, the U.S. Trustee Fund (which is responsible for maintaining the
integrity of the U.S. bankruptcy system by, among other things, prosecuting criminal
bankruptcy violations), and the Asset Forfeiture program — the FY2008
appropriation is $227.2 million. This amount is $1.8 million less than the FY2007
appropriation and $39.4 million less than the President’s FY2008 budget request of


84 Senator Gordon Smith offered an amendment to H.R. 3093 that would have provided an
additional of $30 million for the U.S. Attorneys account for the prosecution of offenses
related to the sexual exploitation of children. This amount was to be offset by a similar
reduction in the Department of Commerce’s NIST account. See S.Amdt. 3290,
Congressional Record, daily edition, vol. 153 (October 16, 2007), p. S12913.
85 The House-passed bill would have provided an additional $750 thousand, as
Representative Biggert successfully offered an amendment, which passed by voice vote, to
provide additional funding to the U.S. Attorneys to prosecute cases of mortgage fraud. See
H.Amdt. 654, Congressional Record, daily edition, vol. 153 (July 25, 2007), pp. H8449-
H8450.
86 This amount includes $6.450 million in FY2007 Emergency appropriations (P.L. 110-28).
87 Senator Ensign offered an amendment that increased funding under H.R. 3093 for the
Marshals Service by nearly $8 million to carry out the Adam Walsh Child Protection and
Safety Act of 2006, by reducing funding for the Department of Commerce’s NIST Advanced
Technology Program. See S.Amdt. 3294, Congressional Record, daily edition, vol. 153
(October 16, 2007), pp. S12895-12896, S12905.
88 Funding for USMS construction is generally included within the Salaries and Expenses
account.

$266.6 million. The Senate-passed bill would have provided $267.1 million for other
legal activities, $38.1 million greater than the FY2007 appropriation and $500
thousand greater than the FY2008 request. The House-passed bill would have
provided $223.7 million for this account, $5.3 million less than the FY2007
appropriation, $42.9 million less than the FY2008 request, and $43.4 million less
than the amount in the Senate-passed bill.
National Security Division (NSD)
The NSD coordinates DOJ’s national security and terrorism missions through
law enforcement investigations and prosecutions. The NSD was established in DOJ
in response to the recommendations of the Commission on the Intelligence
Capabilities of the United States Regarding Weapons of Mass Destruction (WMD
Commission), and authorized by Congress on March 9, 2006, in the USA PATRIOT
Improvement and Reauthorization Act of 2005 (P.L. 109-177). Under the NSD, the
DOJ resources of the Office of Intelligence Policy and Review and the Criminal
Division’s Counterterrorism and Counterespionage Sections are consolidated to
coordinate all intelligence-related resources and ensure that criminal intelligence
information is shared, as appropriate.
For FY2008, Congress has appropriated nearly $73.4 million for NSD. This
funding level is $4.7 million more than the FY2007 appropriation of $68.7 89 and
$4.7 million less than the $78.1 million requested in the President’s FY2008 budget.
The Senate- and House-passed bills would have provided the same amount requested
in the President’s FY2008 budget.
Interagency Law Enforcement
The Interagency Law Enforcement account reimburses departmental agencies
for their participation in the Organized Crime Drug Enforcement Task Force
(OCDETF) program. Organized into nine regional task forces, this program
combines the expertise of federal agencies with the efforts of state and local law
enforcement to disrupt and dismantle major narcotics-trafficking and money-
laundering organizations. From DOJ, the federal agencies that participate in
OCDETF are the Drug Enforcement Administration; the Federal Bureau of
Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S.
Marshals Service; the Justice, Tax and Criminal Divisions of DOJ; and the U.S.
Attorneys. From the Department of Homeland Security, the U.S. Bureau of
Immigration and Customs Enforcement and the U.S. Coast Guard participate in
OCDETF. In addition, the Internal Revenue Service and Treasury Office of
Enforcement also participate from the Department of the Treasury. State and local
law enforcement agencies participate in approximately 87% of all OCDETF
investigations.
For FY2008, the OCDETF appropriation is $497.9 million, an amount equal to
the FY2007 appropriation level. However, this funding amount is $11.2 million less


89 This amount includes $1.736 million in FY2007 Emergency appropriations (P.L. 110-28).

than the $509.2 million level requested in the President’s FY2008 budget and
included in both the Senate- and House-passed bills.
Federal Bureau of Investigation (FBI)
The FBI is the lead federal investigative agency with the mission of protecting
and defending the country against terrorist and foreign intelligence threats; enforcing
federal laws; and providing leadership and criminal justice services to federal, state,
municipal, tribal, and territorial law enforcement agencies and partners. Following
the September 11, 2001 terrorist attacks, however, the FBI has reorganized and
reprioritized to focus more sharply on preventing terrorism and related criminal
activities.
The enacted FY2008 FBI budget is $6.658 billion, including $2.309 billion for
counterterrorism investigations, foreign counterintelligence, and other activities
related to national security; as well as $164.2 million for construction. The FY2008
appropriation exceeds the enacted FY2007 budget of $6.299 billion90 by $359.1
million and the President’s FY2008 budget request of $6.525 billion by $132.8
million.
The Senate-passed bill would have provided almost $6.602 billion91 for the FBI,
almost $303.1 million greater than the FY2007 appropriation, $76.8 million greater
than the FY2008 request, and $69.8 million greater than the House-passed bill. For
construction, the Senate bill included $206.4 million, including a subaccount of $63.7
million for sensitive compartmented information facilities (SCIFs).
The House-passed bill would have provided $6.532 billion for the FBI,92 $233.2
million more than the FY2007 appropriation and almost $7.0 million more than the
FY2008 request. The House bill’s funding level, however, would have been $69.8
million less than the amount included in the Senate-passed bill for FY2008. The
House bill included almost $148.2 million for additional positions to increase the
Bureau’s capacity for counter-terrorism and crime fighting; $80 million for
SENTINEL, the FBI’s new case management system; and $47 million to improve the
speed and accuracy of IAFIS and help support the integration of the FBI’s IAFIS with
the Department of Homeland Security’s IDENT system. In addition, the House bill
included $28.2 million for FBI’s Construction account, $23.2 million less than the


90 This amount includes $258 million in FY2007 Emergency appropriations (P.L. 110-28).
91 Senator Kyl offered an amendment that increased funding under the Senate-passed H.R.
3093 for the FBI by $23 million to be used for personnel, equipment, and other resources
to be used for the analysis of DNA samples. See S.Amdt. 3279, Congressional Record,
daily edition, vol. 153 (October 16, 2007), pp. S12913 and S12914.
92 The House-passed amount for the FBI was $500 thousand greater than the House-reported
amount, as Representative Biggert offered an amendment (H.Amdt. 654) that would have
increased FBI funding by $5.5 million for mortgage fraud investigations. Representative
Lofgren, however, offered a subsequent amendment (H.Amdt. 652) that reduced FBI
funding for construction by $5 million and shifted it to the State Criminal Alien Assistance
Program (described below).

FY2007 appropriation, $53.2 million less than the FY2008 President’s request, and
$178.2 million less than the Senate bill.
Drug Enforcement Administration (DEA)
The DEA is the lead federal agency tasked with reducing the illicit supply and
abuse of dangerous narcotics and drugs through drug interdiction and seizing of illicit
revenues and assets from drug trafficking organizations. According to DEA, the
agency’s efforts to reduce the drug supply has contributed to a 23% drop in national
drug use over the past five years. By 2009, one of DEA’s goals is to take $3 billion
each year from the ill-gotten proceeds of international drug trafficking networks
operating in the United States. In Congressional testimony on April 17, 2007, DEA
noted that they continue to face evolving challenges in limiting the supply of illicit
drugs such as the illicit use of pharmaceutical drugs available through the Internet;
enforcement along the Southwest border with Mexico where DEA estimates that
85% of illicit drugs are smuggled into the United States; and DEA’s limited
intelligence infrastructure inability to keep pace with the well-financed use and
sophistication of communications technology used drug trafficking organizations in
their smuggling operations.
The enacted FY2008 DEA appropriation is $1.858 billion. This amount exceeds
the FY2007 appropriation of $1.761 million93 by $96.5 million and the President’s
FY2008 budget request of $1.805 billion by $53 million. The Senate-passed bill
would have provided $1.854 billion for DEA, $93.1 million more than the FY2007
appropriation and $49.6 million more than the FY2008 request. The House-passed
bill would have provided almost $1.843 billion, $81.5 million more than FY2007
appropriations, $38.0 million more than the President’s request, but $11.6 million
less than the amount included in the Senate bill.
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
The ATF enforces federal criminal law related to the manufacture, importation,
and distribution of alcohol, tobacco, firearms, and explosives. ATF works both
independently and through partnerships with industry groups, international, state and
local governments, and other federal agencies to investigate and reduce crime
involving firearms and explosives, acts of arson, and illegal trafficking of alcohol and
tobacco products.
For FY2008, Congress has appropriated $1.008 billion for ATF, including $23.5
million for construction. Although this amount is $23.5 million greater than the
FY2007 appropriation, it is $6.4 million less than the amount proposed in the
President’s FY2008 budget request. The FY2008 request of $1.014 billion for ATF
was $29.9 million more than the FY2007 appropriation of $984.1 million. The
request included $10 million for the Arson and Explosives decision unit to make up
for a previous budget reduction; $6.3 million to expand ATFs domestic firearms
trafficking enforcement efforts nationwide; $2.2 million for the Project Safe


93 This amount includes $16.166 million in FY2007 Emergency appropriations (P.L. 110-

28).



Neighborhoods (PSN) initiative to expand gang and firearms enforcement efforts
nationally; and $400 thousand for ATF agents dedicated to the National Gang
Targeting Enforcement and Coordination Center (GangTECC), a national task force
designed to coordinate anti-gang strategies and operations across agency lines.
The Senate-passed bill would have provided almost $1.049 billion for ATF, an
increase of $35.0 million over the Administration’s FY2008 budget request as well
as $64.9 million over the FY2007 appropriation. The Senate-passed bill directed
that $35 million of the ATF FY2008 appropriation would have been provided for the
construction of the National Center for Explosives Training and Research.
The House-passed bill would have provided almost $1.014 billion for ATF, an
amount equal to the FY2008 request, and similarly included specified amounts to be
directed at the same initiatives found in the request for the Firearms Trafficking/Gun
Runner Program, PSN/Firearms Violence Reduction program, and GangTECC. In
addition, the House bill would have directed ATF to submit a report on
recommended improvements to upgrade its information technology systems and the
bill included $1.0 million for this purpose.
Federal Prison System (FPS)
The FPS is administered by the Bureau of Prisons (BOP), which maintains penal
institutions nationwide and contracts with state, local, and private concerns for
additional detention space. The Administration estimates that as of January 11, 2007,
there were nearly 193,616 federal inmates in 114 institutions. Of the total number
of federal inmates, 163,000 are in facilities operated by BOP, while the remaining
16% of federal inmates were in contract care at privately operated secure facilities
that are managed by state and local governments, residential reentry centers, or
serving a sentence of home confinement. BOP projects that the total federal prison
population will continue to increase, reaching 202,584 by 2008, 207,885 by 2009,
and reach 212,987 by the year 2010. According to BOP, the increased federal prison
population can be attributed to stepped-up law enforcement efforts, tougher federal
criminal laws, and altered sentencing in the federal criminal justice system, with the
largest increases of FY1998-FY2000 due to higher number of prosecutions of drug
defendants, immigration cases, and weapons offenses. Systemwide, BOP facilities
are estimated to be operating at 36% above capacity in FY2007 and are projected to
continue operating at this level in FY2008.
For FY2008, Congress has appropriated $5.425 billion for the Federal Prison
System. This funding level includes $372.7 million for buildings and facilities costs
for penal and correctional use. Compared to the FY2007 enacted level of funding,
the FY2008 appropriation represents a decrease of $22.7 million. However, the
enacted FY2008 funding for BOP is $61.6 million more than the President’s FY2008
budget request.
The Administration’s FY2008 budget request included $5.364 billion for
funding the Federal Prison System, nearly $84.3 million less than the FY2007



appropriation of $5.448 billion.94 The Senate-passed bill would have provided the
BOP with nearly $5.649, or an increase of $200.7 million above the FY2007
appropriation and $285 million above the FY2008 request. The House-passed bill
would have provided BOP with $5.269 billion, a decrease of $179.3 million below
the FY2007 appropriation, $95 million below the FY2008 request, and almost $380
million below the amount in the Senate-passed bill.
Office on Violence Against Women (OVW)
The OVW administers programs providing financial and technical assistance to
communities around the country to facilitate the creation of programs, policies, and
practices designed to improve criminal justice responses related to domestic violence,
dating violence, sexual assault, and stalking.
For FY2008, the OVW appropriation is $400 million.95 This amount increases
funding for OVW programs by $17.4 million over the Office’s FY2007 appropriation
and exceeds the amount requested in the FY2008 President’s budget request by $30
million. In addition, Congress did not sanction the Administration’s proposal to
create a single consolidated, competitive grant program (described below).
By comparison, the President’s budget request for FY2008 included $370
million for OVW, $12.6 million less than FY2007 appropriations of $382.6 million.
The Administration’s FY2008 budget request for the OVW also included a proposal
to consolidate all of OVW’s current formula and discretionary grant programs into
a single grant program. Grants under the proposed consolidated program would be
awarded on a competitive basis to state, local, and tribal governments. State, local,
and tribal governments receiving grants could use the funding in one or more of
several proposed purpose areas, including
!combating violent crimes against women;
!encouraging arrest policies and enforcement of protection orders;
!providing legal assistance to victims;
!combating domestic violence, dating violence, sexual assault, and
stalking on college campuses;
!preventing victimizations in rural areas;
!enhancing training and services to end violence and abuse towards
elderly and disabled women;
!supporting safe haven programs;
!supporting violence and abuse prevention program on tribal lands;
!funding stalking databases; and
!supporting comprehensive approaches to sex offender management.
Grants awarded under the proposed program could be used to support state, local,
territorial and tribal efforts to develop and coordinate prevention efforts and


94 This amount includes $17 million in FY2007 emergency appropriations (P.L. 110-28).
95 P.L. 110-161 rescinds $14.7 million of unobligated balances from prior year
appropriations for OVW.

prosecution of domestic violence, dating violence, sexual assault and stalking, along
with supporting related victim services.
The Senate-passed bill would have provided $400 million96 for OVW, $30
million more than the President’s FY2008 budget request and $17.4 million over the
FY2007 appropriation. The House-passed bill would have provided $459 million for
OVW in FY2008,97 an amount that would have exceeded the FY2007 appropriation
by $76.4 million, the FY2008 request by almost $89 million, and the Senate bill by
$59 million. Neither the Senate- nor House-passed bills included endorsements of
the Administration’s proposal to create a consolidated, competitive grant program,
and instead stated that the current OVW program operations were proven and
successful programs as established by Congress when OVW was reauthorized in

2005.


Office of Justice Programs (OJP)
The OJP manages and coordinates the National Institute of Justice, Bureau of
Justice Statistics, Office of Juvenile Justice and Delinquency Prevention, Office of
Victims of Crimes, Bureau of Justice Assistance, and related grant programs.
For FY2008, the Consolidated Appropriations Act, 2008 (P.L. 110-161)
provides $2.282 billion98 for OJP programs and activities, $247 million less than
what was appropriated for OJP in FY2007. By comparison, the Administration’s
FY2008 request included just under $1.105 billion in total funding, nearly $1.424
billion less than the FY2007 appropriation of $2.529 billion.99 Hence, the FY2008
enacted level of funding provided by Congress for OJP is $1.177 billion greater than
the Administration’s request.
The Senate-passed bill would have provided just over $2.800 billion for OJP,
an amount $1.695 billion greater than proposed under the President’s FY2008 budget


96 Senator Mikulski amended H.R. 3093 to provide and additional $10 million for the OVW.
See S.Amdt. 3233, Congressional Record, daily edition, vol. 153, (October 4, 2007), pp.
S12713, S12748-12749.
97 Three amendments to the House-passed bill were passed that increased funding for the
OVW by $29 million over the House-reported amount of $430 million. Representative
Capito offered an amendment (agreed 243-186, Roll No. 727) that increased this amount by
$10 million by reducing funding for the National Science Foundation by the same amount.
Representative Inslee offered an amendment (agreed 412-18, Roll No. 730) that increased
OVW funding by $14 million by reducing funding for Justice’s General Administration
account by the same amount. Representative Reichert offered an amendment (agreed 405-
25, Roll No. 732) that increased funding for the OVW by $5 million by reducing funding
in Commerce’s Departmental Management account by the same amount. See H.Amdt. 659,
H.Amdt. 664, and H.Amdt. 669, Congressional Record, daily edition, vol. 153 (July 25,

2007), pp. H8456-8458, H8492; H8470-8471, H8494; and H8478-8480, H8495-8496.


98 P.L. 110-161 rescinds $87.5 million from OJP unobligated balances from prior year
appropriations.
99 The total FY2007 appropriations for OJP include a $50 million emergency appropriations
for state and local law enforcement (P.L. 110-28), described below.

request and $272 million greater than the FY2007 appropriation. The House-passed
bill would have provided $2.830 billion for OJP programs and activities, a funding
level that would have exceeded the FY2007 appropriation by $301.5 million and the
FY2008 request by $1.725 billion. The House-passed bill would have also exceeded
the Senate-passed bill by $30 million.100
Justice Assistance. The FY2008 enacted amount for Justice Assistance is
$196 million, $42 million less than the FY2007 appropriation, but about $29 million
more than the FY2008 request. The enacted amount includes $37 million for the
National Institute of Justice (NIJ); $35 million for the Bureau of Justice Statistics
(BJS); $40 million for the Regional Information Sharing Systems (RISS); and $50
million for missing and exploited children. This amount also includes $11 million
under the Justice Assistance account to support state and local law enforcement
agencies in the prevention, investigation and prosecution of Internet, high-tech and
economic crimes.
The Administration’s FY2008 budget request included nearly $167.3 million in
funding for Justice Assistance, $70.7 million less than appropriated in FY2007. This
requested amount would have provided $55.7 million for NIJ: $61.5 million for BJS,
$38.5 million for RISS, and $11.6 million for the administration of the Office of
Victims of Crime. The FY2008 request included a proposal to transfer the Victim
Notification and National White Collar Crime Center from Justice Assistance to the
Byrne Memorial Justice Assistance Grants (JAG) program account, and the missing
and exploited children program account to the Juvenile Justice program account.
The Senate-passed bill would have provided $240 million for Justice Assistance,
almost $1.7 million more than the FY2007 appropriation and $72.7 million more
than the President’s FY2008 request. The Senate bill included $60 million for NIJ,
$10 million for BJS, $60 million for RISS, $25 million for the State Automated
Victim Notification System, $10 million for the Office of Victims of Crime, and $65
million for missing and exploited children.
The House-passed bill would have provided $250 million for Justice Assistance,
$11.7 million more than the FY2007 appropriation, $82.7 million more than the
FY2008 budget request, and $10 million more than the Senate-passed bill. The
House bill included $60 million for NIJ, $45 million for BJS, $50 million for RISS,
$12 million for the State Automated Victim Notification System, $61.4 million for
the Missing Children Program. The House-passed bill also included $10 million
under the Justice Assistance account to support state and local law enforcement
agencies in the prevention, investigation and prosecution of Internet, high-tech and


100 The President’s request and the Senate- and House-passed bills included a proposed
rescission of $87.5 million for OJP of unobligated balances from prior year appropriations.
In addition, the House-passed bill would have rescinded $86 million department-wide for
OJP from prior year appropriations. By comparison, the Senate-passed bill would have
rescinded an additional $140 million from prior year appropriations to make additional
amounts available for COPS ($110 million), Boys and Girls Clubs ($15 million), and Drug
Courts ($15 million). The Senate-passed bill also included an amendment (S.Amdt. 3220)
that would have provided an additional $5 million of budget authority for the Juvenile
Justice account that was to be offset by a reduction in DOJ’s JIST account.

economic crimes, including fraud and identity theft, as well as anti-piracy and
counterfeiting enforcement.
State and Local Law Enforcement Assistance. The FY2008 enacted
amount for state and local law enforcement assistance is $1.008 billion. This amount
is $278.7 million less than the FY2007 appropriation, but almost $458 million more
than the Administration’s FY2008 request. In the joint explanatory statement,
Congress included the following FY2008 funding allocations:101
!$170.4 million for the Byrne Memorial JAG program, of which $2
million would be provided for NIJ and $2 million would be for
training to improve state and local law enforcement’s intelligence
capabilities;
!$187.5 million for Byrne Discretionary Grants;
!$16 million for Byrne Competitive Grants;
!$22.4 million for Indian Tribal Assistance;
!$410 million for the State Criminal Alien Assistant Program
(SCAAP);
!$30.1 million for the Southwest Border Prosecutor Initiative;
!$2.8 million for the Northern Border Prosecutor Initiative;
!$9.4 million for Victims of Trafficking;
!$9.4 million for State Prison Drug Treatment;
!$15.2 million for Drug Courts;
!$7 million for a Prescription Drug Monitoring Program.
!$17.9 million for Prison Rape Prevention and Prosecution;
!$940 thousand for Missing Alzheimer’s Patients Program;
!$6.5 million for the Mental Health Courts;
!$2.5 million for the Capital Litigation Improvement Grant Program
(§§421, 422, 426 of P.L. 108-405); and
!$100 million for 2008 Presidential Conventions Security.
As reflected in both the House- and Senate-passed bills, Congress did not follow the
Administration’s proposal to consolidate state and local law enforcement programs
into a single competitive grant program.
As part of its FY2008 budget package, the Administration proposed
consolidating programs and funding under the State and Local Law Enforcement
Assistance account into two new grant programs: the Violent Crime Reduction
Partnership Initiative and the Byrne Public Safety and Protection (Byrne) program.
Under the Violent Crime Reduction Partnership Initiative, OJP would have awarded
grants on a competitive basis to communities seeking to establish partnerships
between federal, state, and local law enforcement to investigate and reduce violent
crime. Partnerships funded under the proposed grant program could include efforts
to address drug trafficking and gang crime. Under the Byrne program, most OJP law
enforcement assistance grant programs would have been consolidated into a single
grant program that would also have been awarded to state, local, and tribal
governments on a competitive basis. Under the proposed Byrne program, OJP would


101 Congressional Record, daily edition, vol. 153 (December 17, 2007), p. H15800.

have focused its assistance on those jurisdictions experiencing significant criminal
justice problems and assist state and local governments in addressing a number of
high-priority criminal justice concerns, such as:
!reducing violent crime at local levels through Project Safe
Neighborhoods;
!addressing the criminal justice issues involving substance abuse
treatment through drug courts, residential treatment programs for
inmates, prescription drug monitoring programs, methamphetamine
lab clean-up, and cannabis eradication efforts;
!promoting and enhancing law enforcement information sharing
efforts;
!improving the capacity of state and local law enforcement and
justice system personnel to make use of forensic evidence and
reducing the DNA backlog;
!addressing trafficking of persons;
!improving and expanding prisoner re-entry initiatives; and
!improving services to victims of crime to facilitate their participation
in the legal process.
Under the proposed Byrne program, state, local, and tribal governments would
have been allowed to use funding for several proposed program purpose areas, most
of which would have been derived from current OJP grant programs to address
arguably the particular needs of their jurisdiction. For state and local law
enforcement assistance, the Administration’s FY2008 request included $550.0
million, of which $200 million was for the Violent Crime Reduction Partnership and
$350 million was for the Byrne program. This amount was $736.8 million below
FY2007 enacted level of $1.287 billion102 for state and local law enforcement.
The Senate-passed bill would have provided FY2008 funding of $1.430 billion
for state and local law enforcement assistance,103 $143.2 million more than the
FY2007 appropriation and $880 million more than the FY2008 budget request. In
report language, Senate appropriators included the following allocations:
!$660 million for Byrne Memorial JAG program, of which $75
million would be allocated to the Boys and Girls Clubs104 and $5
million would be allocated to state and local law enforcement anti-
terrorism training;


102 This amount includes a $50 million Emergency appropriations (P.L. 110-28).
103 This amount would have included $30 million provided by two amendments offered by
Senator Patty Murray and Senator Kyl to H.R. 3093 for the Southwest and Northern Border
Prosecutor Initiatives, which was offset by a reduction to DOJ’s General Administration
account. See S.Amdt. 3218 and S.Amdt. 3283, Congressional Record, daily editions, vol.

153 (October 4 and 16, 2007), pp. 12749-12750 and p. S12913, respectively.


104 This amount reflects an amendment offered by Senator Patrick Leahy to provide an
additional $15 million for Boys and Girls Clubs that was offset by a recision of unobligated
balances from prior year appropriations. See S.Amdt. 3249, Congressional Record, daily
edition, vol. 153 (October 16, 2007), pp. S12907-12908, S12913-12915.

!$420 million for SCAAP, of which $30 million was for the
Southwest Border Prosecution Initiative and $20 million was for a
Northern Border Prosecutor Initiative;
!$190 million for Byrne Discretionary Grants;
!$5 million for a Prescription Drug Monitoring Program;
!$1 million for the Missing Alzheimer’s Patients Program;
!$15 million for Victims of Trafficking;
!$10 million for State Prison Drug Treatment;
!$40 million for Drug Courts;105
!$15 million for Court Appointed Special Advocates;
!$4 million for child abuse training programs for judicial personnel
and practitioners;
!$5 million for Prison Rape Prevention and Prosecution;
!$5 million for National Crime Victim Law Institute;
!$28 million for Indian Tribal Assistance;
!$2 million for National Sex Offender Registry;
!$10 million for Mental Health Courts; and
!$25 million for Capital Litigation.
The House-passed bill would have provided $1.380 billion for state and local
law enforcement assistance, $93.2 million more than the FY2007 appropriation, and
$830 million more than the FY2008 budget request, but $50 million less than the
Senate-passed bill. In report language, House appropriators included the following
allocations:
!$600 million for the Byrne Memorial JAG program, of which $10
million would be provided for NIJ and $25 million would be for
security associated with the 2008 Presidential Candidate Nominating
Conventions;
!$31 million for Indian Tribal Assistance;
!$460 million for SCAAP;106
!$40 million for the Southwest Border Prosecutor Initiative;107
!$124.5 million for Byrne Discretionary Grants;


105 This amount reflects an amendment offered by Senator Byron Dorgan to provide an
additional $15 million for Drug Courts that was offset by rescinding $15 million from
unobligated balances from prior year appropriations. See, S.Amdt. 3227, Congressional
Record, daily edition, vol. 153 (October 4, 2007), p. S12712.
106 Representative Lofgren offered an amendment (agreed to 388-39, Roll No. 725) that
increased the amount for SCAAP by $55 million (over the $405 million included in the
reported bill) by reducing funding for the Commerce’s Departmental Management by $25
million, for Justice’s General Administration by $25 million, and FBI construction by $5
million. See Congressional Record, daily edition, vol. 153 (July 25, 2007), pp. H8443-

8447, H8465-8466.


107 Representative Capito offered an amendment (agreed to 229-196, Roll No. 722) that
increased the amount for the Southwest Border Prosecutor Initiative by $10 million (over
the $30 million included in the reported bill) by reducing funding for the Census Bureau by
the same amount. See H.Amdt. 645, Congressional Record, daily edition, vol. 153 (July 25,

2007), pp. H8435-8437, H8463-8464.



!$40 million for Drug Courts;
!$1 million for Missing Alzheimer’s Patients Program;
!$15 million for Victims of Trafficking;
!$7.5 million for a Prescription Drug Monitoring Program;
!$25 million for Prison Rape Prevention and Prosecution;
!$10 million for State Prison Drug Treatment;
!$5 million for intelligence sharing;
!$1 million for Capital Litigation;
!$10 million for the Mental Health Courts; and
!$10 million for Sex Offender Management Assistance.
Weed and Seed Program. The Weed and Seed program is designed to
provide grants to help communities build stronger, safer neighborhoods by
implementing local-level approaches to solve and prevent crime problems. The
program provides assistance for community-based strategies of “weeding and
seeding” activities based on the premise that leaders from neighborhood and
community organizations, including faith-based organizations, law enforcement and
private enterprise, must be involved in leveraging resources to solve community
problems at the local level. Site funding generally provides resources for “weeding”
activities, which include joint law enforcement operations and community policing,
and “seeding” activities, which range from prevention activities, including physically
improving the neighborhood and economic development.
For FY2008, the enacted level of funding for the Weed and Seed program is $32
million, $17 million less than the FY2007 appropriation. The Administration’s
FY2008 budget request did not include specific funding for the Weed and Seed
program. The Senate-passed bill would have provided $50 million for the Weed and
Seed program, an increase of $639 thousand over the FY2007 appropriation of $49.4
million. The House-passed bill would have provided $49.7 million for Weed and
Seed for FY2008,108 $331 thousand more than the FY2007 appropriation, but $308
thousand less than the Senate-passed bill.
Community Oriented Policing Services. The enacted FY2008 budget for
the Community Oriented Policing Services (COPS) Office is $587 million.109 This
amount is $45 million more than the FY2007 appropriation and $555 million more
than the Administration’s FY2008 request. In the joint explanatory statement, for
various COPS programs and initiatives, Congress included the following
allocations: 110
!$20 million for COPS hiring grants (Cops on the Beat);
!$205.4 million for Law Enforcement Technology and
Interoperability grants;


108 This amount is included in the $725 million proposed in the House-passed bill’s FY2008
funding for COPS, discussed below.
109 From COPS, P.L. 110-161 rescinds $87.5 million in unobligated balances from prior year
appropriations, and $10.3 million in unobligated funds from prior year appropriations in the
Violent Crime Reduction Trust Fund.
110 Congressional Record, daily edition, vol. 153 (December 17, 2007), p. H15807-H15813.

!$20 million for a violent gang and gun crime reduction program;
!$61.2 million for the Meth Hot Spots program;
!$25.9 million for Bulletproof Vests;
!$15 million for Tribal Law Enforcement;
!$9.4 million for the Criminal History Record Upgrades program;
!$11.8 million for Offender Re-entry;
!$152.3 million for DNA backlog reduction;
!$19 million for the Paul Coverdell forensic science grant program;
!$11.8 million for offender reentry;
!$15.6 million for child sexual predator elimination and sex offender
management;
!$3.8 million for training and technical assistance; and
!28.2 million for management and administration.
The Administration’s FY2008 budget request included $32.3 million for the
COPS Office, of which $28.3 million was for program management and
administration and $4 million for training and technical assistance.111 For FY2007,
Congress appropriated $541.8 million for the COPS.
For COPS, the Senate-passed bill would have provided $660 million,112 nearly
$118.2 million more than appropriated in FY2007 and almost $627.7 million more
than the President’s FY2008 budget request. In report language, Senate appropriators
included the following FY2008 funding allocations:
!$25 million for Bullet Proof Vests;
!$35 million for Tribal Law Enforcement;
!$80 million for the Meth Hot Spots program;
!$110 million for Law Enforcement Technology and Interoperability
grants;
!$5 million for the Criminal History Records Upgrade program;
!$10 million for Offender Re-entry;
!$169 million for DNA Backlog and Crime Lab improvement;
!$40 million for Paul Coverdell Forensic Sciences Improvement
grants;
!$5 million for the National District Attorneys Association to conduct
prosecutorial training by the National Advocacy Center;
!$55 million for Child Sexual Predator Elimination grants;
!$110 million for the COPS hiring program;
!$6 million for training and technical assistance; and
!$11 million for program management and administration.


111 The President’s request included a proposed rescission of $87.5 million for COPS of
unobligated balances from prior year appropriations.
112 This amount reflected an amendment offered by Senator Joseph Biden to provide an
additional $110 million that was offset by rescinding unobligated balances from prior year
appropriations. See S.Amdt. 3256, Congressional Record, daily edition, vol. 153 (October
15, 2007), pp. S12835, S12852. The Senate-passed bill also included a rescission of $37.5
million of unobligated balances in the COPS program from prior year appropriations.

The House-passed bill would have provided $725.0 million113 in FY2008
funding for COPS, an amount that would have included $49.7 million for the Weed
and Seed program (described above). In report language, House appropriators
included the following allocations:
!$30 million for Bulletproof Vests;
!$18 million for Tribal Law Enforcement;
!$85 million for the Meth Hot Spots program;
!$128 million for Law Enforcement Technology and Interoperability
grants;
!$12 million for the Criminal History Record Upgrades program;
!$15 million for Offender Re-entry;
!$175 million for DNA backlog reduction;
!$100 million for the COPS hiring program;
!$80 million for Violent Gang and Gun Crime Reduction;
!$4 million for training and technical assistance; and
!$28.3 million for program management and administration.
Compared to the Senate-passed bill, the House-passed bill would have provided $65
million more in FY2008 funding for COPS.
Juvenile Justice Programs. The enacted FY2008 funding level is $384
million for Juvenile Justice programs. This amount is nearly $45 million more than
the FY2007 appropriation and it is $103.5 million more than the Administration’s
FY2008 request. In the joint explanatory statement, Congress included the following
FY2008 Juvenile Justice program funding allocations:114
!$51.7 million for the Juvenile Accountability Block Grant (JABG);
!$74.3 million for the State Formula Grants;
!$93.8 million for Discretionary Grants under Part E - Demonstration
Programs;
!$61.1 million for Title V Incentive Grants, which includes $19
million for Gang Prevention through the Gang Resistence Education
and Training (GREAT), $14 million for the Tribal Youth Program,
and $25 million for Enforcing Underage Drinking Laws;
!$15 million for the Secure Our Schools Act to ensure school safety
and crime deterrence;
!$16.9 million for programs authorized under the Victims of Child
Abuse Act (P.L 101-647); and
!$70 million for the Juvenile Mentoring Programs.
As reflected in both the House- and Senate-passed bills, Congress did not approve
of the Administration’s proposal to consolidate Juvenile Justice programs into a
single competitive grant program.


113 The House-passed bill would have rescinded $87.5 million for COPS of unobligated
recoveries from prior year appropriations, and $10.3 million of unobligated funds from prior
year appropriations for the COPS Violent Crime Reduction Trust Fund.
114 Congressional Record, daily edition, vol. 153 (December 17, 2007), pp. H15813-H15818.

For FY2008, the Administration’s proposal would have consolidated existing
juvenile justice and exploited children grant programs into a single Child Safety and
Juvenile Justice program. Grants under the proposed Child Safety and Juvenile
Justice program would have been awarded to state and local governments through a
competitive award process. Grants awarded to state and local governments under the
proposed program would have allowed state and local government to fund a
multitude of juvenile justice and child safety programs. Grant funds under the
proposed program would have been used by state and local governments in one or
more of several proposed program purpose areas, including
!preventing online exploitation of children (Project Child Safe);
!controlling and apprehending sex offenders;
!supporting efforts to prevent and control juvenile delinquency and
improve the juvenile justice system;
!improving school security;
!preventing the misuse of guns by juveniles;
!funding the Missing and Exploited Children Program;
!funding Internet Crimes Against Children (ICAC) task forces;
!supporting AMBER alert programs;
!supporting the Boys and Girls Club of America;
!supporting the development and use of Closed Circuit Television
(CCTV) testimony of children in child abuse cases; and
!supporting the Court Appointed Special Advocate (CASA) program.
For FY2008, the President’s budget request included $280 million for the proposed
consolidated juvenile justice program, an amount that was $119.9 million less than
FY2007 enacted appropriations of $338.4 million.
The Senate-passed bill would have provided Juvenile Justice programs with
$345 million,115 $6.6 million more than the enacted appropriation for FY2007 and
$65 million more than the FY2008 budget request. In report language, Senate
appropriators included the following allocations:
!$80 million for JABG;
!$73 million for the State Formula Grants;
!$76.5 million for Discretionary Grants under Part E - Demonstration
Programs;
!$65 million for Title V Incentive Grants, which includes $5 million
for Big Brothers and Big Sisters, $25 million for Incentive Grants,
$10 million for the Tribal Youth Program, and $25 million for
Enforcing Underage Drinking Laws;
!$10 million for the GREAT program;
!$10 million for the Secure Our Schools Act to ensure school safety
and crime deterrence;


115 This amount reflected an amendment offered by Senator Robert Menendez to provide an
additional $5 million for juvenile mentoring programs that was offset by a reduction in JIST
program funding under DOJ’s General Administration account. See S.Amdt. 3220,
Congressional Record, daily edition, vol. 153 (October 4, 2007), pp. S12711-12712.

!$20 million for programs authorized under the Victims of Child
Abuse Act (P.L 101-647); and
!$10 million for Juvenile Mentoring programs.116
The House-passed bill would have provided FY2008 funding for Juvenile
Justice programs of $399.9 million, $61.5 million more than enacted appropriations
for FY2007, $119.9 million more than the Administration’s FY2008 budget request,
and $54.9 million more than the Senate-passed bill. In report language, House
appropriators included the following allocations:
!$60 million for JABG;
!$81.2 million for the State Formula Grants;
!$53 million for Discretionary Grants under Part E - Demonstration
Programs;
!$70 million for Title V Incentive Grants, which includes $25 million
for the GREAT program, $17.5 million for the Tribal Youth
Program, and $25 million for Enforcing Underage Drinking Laws;
!$20 million for the Secure Our Schools Act to ensure school safety
and crime deterrence;
!$15 million for programs authorized under the Victims of Child
Abuse Act (P.L 101-647); and
!$100 million for the Juvenile Mentoring Programs.
Related Legislation
P.L. 110-180; H.R. 2640 (McCarthy)
NICS Improvement Amendment Act 2007. H.R. 2640 was introduced by
Representative Carolyn McCarthy and co-sponsored by Representative John Dingell.
As passed by the House, by a voice vote, on June 13, 2007, H.R. 2640 reportedly
reflected a compromise between groups favoring and opposing greater gun control.117
The Senate Judiciary Committee approved similar, but not identical, NICS
improvement amendments as part of the School Safety and Law Enforcement
Improvement Act of 2004 on August 2, 2007, and reported this bill on September 21,
2007 (S. 2084; S.Rept. 110-183). Following lengthy negotiations, the Senate
amended and passed the NICS Improvement Amendments Act of 2007 (H.R. 2640),
as did the House, on December 19, 2007, clearing that bill for the President’s
signature. President Bush signed this bill into law on January 8, 2008 (P.L. 110-180).
P.L. 110-180 strengthens a provision in the Brady Handgun Violence Prevention
Act (P.L. 103-159) that require federal agencies to provide, and the Attorney General
to secure, any government records with information relevant to determining the
eligibility of a person to receive a firearm. As a condition of federal assistance, P.L.
110-180 requires states to make available to the Attorney General certain records that
disqualify persons from acquiring a firearm for inclusion in NICS, particularly those
records related to convictions for misdemeanor crimes of domestic violence and


116 Ibid.
117 Jonathan Weisman, “Democrats, NRA Reach Deal on Background-Check Bill,”
Washington Post, June 10, 2007, p. A02.

persons adjudicated as mentally defective.118 P.L. 110-180 also requires states, as a
condition of federal assistance, as well as federal agencies like the Department of
Veterans Affairs (VA), to establish administrative relief procedures under which a
person who has been adjudicated mentally defective could apply to have his firearms
possession and transfer eligibility restored.119 In addition, P.L. 110-180 includes two
authorizations to increase appropriations for federal assistance for improving access
to disqualifying records by $1.313 billion over five years, including $187.5 million
for FY2009.
H.R. 660 (Conyers)/S. 378 (Leahy)
Court Security Improvement Act of 2007. Amends current law to strengthen
and improve judicial security through measures that would (1) improve judicial
security measures and increase funding for judicial security, (2) amend the criminal
code to provide greater protection for judges, their family members and witnesses,
and (3) provide grant funding for states to provide protection for judges and
witnesses. H.R. 660 was ordered to be reported by the House Judiciary Committee
on June 13, 2007, and the House passed this bill on July 10, 2007. S. 378 was
considered and reported by the Senate Judiciary Committee on April 18, 2007 and
passed by the Senate on April 19, 2007.
H.R. 1592 (Conyers)/S. 1105 (Kennedy)
Local Law Enforcement Hate Crimes Prevention Act of 2007. Authorizes
grants for state, local, and tribal law enforcement for extraordinary expenses of
investigating hate crimes. Provides technical, forensic, prosecutorial, and other
forms of assistance to local law enforcement agencies for investigating and
prosecuting hate crimes. Following hearings on the bill on April 17, 2007, the bill
was reported by the House Judiciary Committee on April 30, 2007, and passed by the
House on May 3, 2007. Language similar to S. 1105 was amended to the FY2008
Defense Authorization Act (H.R. 1585). The Senate passed this bill on October 1,
2007, but the hate crime provisions were not included in the H.R. 1585 conference
agreement.
H.R. 1593 (Conyers)/S. 1060 (Biden)
Second Chance Act of 2007. Amends current law to reauthorize the adult and
juvenile state and local reentry demonstration projects; provides for improvements
in the offender residential substance abuse treatment for state offenders; establishes
state and local reentry courts, establishes grants for state and local prosecutors to


118 Under 27 CFR 478.11, the term “adjudicated as mental defective” includes a
determination by a court, board, commission, or other lawful authority that a person, as a
result of marked subnormal intelligence, or mental illness, incompetency, condition, or
disease (1) is a danger to himself or others, or (2) lacks the mental capacity to manage his
own affairs. The term also includes (1) a finding of insanity by a court in a criminal case
and (2) those persons found incompetent to stand trial or found not guilty by reason of lack
of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military
Justice, 10 U.S.C. 850a, 876(b).
119 Federal law authorizes the Attorney General to consider applications from prohibited
persons for relief from disqualification (18 U.S.C. §925(c)). Since FY1993, however,
Congress has attached an appropriations rider on the ATF salaries and expenses account that
prohibits the expenditure of any funding under that account to process such applications.

develop, implement, or expand qualified drug treatment program alternatives to
imprisonment; and provides grants for the establishment of family substance abuse
treatment alternatives to incarceration. After hearings on H.R. 1593 on March 20,
2007, the bill was marked up by the Subcommittee on Crime, Terrorism, and
Homeland Security on March 28, 2007, and reported by the House Judiciary
Committee on May 9, 2007.
H.R. 1700 (Weiner)/S. 368 (Biden)
COPS Improvements Act of 2007. Amends current law to expand the scope of
COPS grant programs, change the COPS program into a multi-grant program instead
of a single-grant program, and authorize additional funding for COPS. H.R. 1700, as
amended by the House Judiciary Committee, was reported on May 2, 2007, and
passed by the House on May 15, 2007. S. 368 was referred to the Senate Judiciary
Committee and reported out of the Committee without amendment on May 24, 2007.
H.R. 1759 (Bono)
Managing Arson Through Criminal History (MATCH) Act of 2007. Establishes
guidelines and incentives for states to establish arsonist registries and to require the
Attorney General to establish a national arsonist registry and notification program.
After a hearing on H.R. 1759 on October 6, 2007, the bill was marked up by the
Subcommittee on Crime, Terrorism, and Homeland Security, and reported by the
House Judiciary Committee on December 4, 2007. The bill was passed by the House
on December 5, 2007 by voice vote. The bill has been referred to the Senate
Committee on Judiciary.
S. 456 (Feinstein)
Gang Abatement and Prevention Act of 2007. Amends current law to create
new criminal penalties for gang-related crimes, authorize grants for gang prevention
activities, as well as for federal, state, and local law enforcement cooperation in
fighting gangs, and for hiring 94 assistant U.S. Attorneys to be deployed in “high
intensity interstate gang activity” areas. S. 456, was passed by the Senate on
September 21, 2007.
Related CRS Products
CRS Report RL33308, Community Oriented Policing Services (COPS): Background,
Legislation, and Issues Community Oriented Policing Services (COPS)
Program, by Nathan James.
CRS Report RS22416, Edward Byrne Memorial Justice Assistance Grant Program:
Legislative and Funding History, by Nathan James.
CRS Report RL32824, Federal Crime Control: Background, Legislation and Issues,
by Lisa M. Seghetti.
CRS Report RL32842, Gun Control Legislation, by William J. Krouse.
CRS Report RS22458, Gun Control: Statutory Disclosure Limitations on ATF
Firearms Trace Data and Multiple Handgun Sales Reports, by William J.
Krouse.



CRS Report RL33403, Hate Crime Legislation in the 109th Congress, by William J.
Krouse.
CRS Report RL34050, Missing and Exploited Children: Background and Polices
and Issues, by Adrienne Fernandes.
CRS Report RL33400, Youth Gangs: Background, Legislation and Issues, by
Celinda Franco.
CRS Report RL33033, Intelligence Reform at the Federal Bureau of Investigation:
Issues and Options for Congress, by Alfred Cumming and Todd Masse.
CRS Report RS22070, Juvenile Justice: Overview of Legislative History and
Funding Trends, by Blas Nuñez-Neto.
CRS Report RS22655, Juvenile Justice Funding Trends, by Blas Nuñez-Neto.
CRS Report RL33947, Juvenile Justice: Legislative History and Current Legislative
Issues, by Blas Nuñez-Neto.
CRS Report RL32800, Sex Offender Registration and Community Notification Law:
Enforcement and Other Issues, by Garrine P. Laney.
CRS Report RL33011, Terrorist Screening and Brady Background Checks for
Firearms, by William J. Krouse.
CRS Report RL32579, Victims of Crime Compensation and Assistance: Background
and Funding, by Celinda Franco.
CRS Report RL30871, Violence Against Women Act: History and Federal Funding,
by Garrine P. Laney.
Science Agencies
Science agencies include the White House’s Office of Science and Technology
Policy, National Aeronautics and Space Administration (NASA), and National
Science Foundation. For these Science agencies, as Table 7 shows, Congress has
appropriated $23.38 billion for FY2008, or $1.173 billion more than the FY2007
appropriation of $22.207 billion (a 5.3% increase), but $364 million less than the
Administration’s budget request of $23.744 billion. NASA accounts for 74% of the
total amount enacted for FY2008 for science agencies.
The FY2008 request for science agencies was $23.744 billion, or $1.537 billion
more than the FY2007 enacted amount for those agencies (a proposed 6.9%
increase). The House-passed bill would have provided $24.127 billion, or $1.920
billion more than that FY2007 amount (an 8.6% increase). The Senate-passed bill
would have provided $25.019 billion, or $2.812 billion more than the FY2007



amount (a 12.7% increase). The Senate-passed amount for NASA included $1
billion in emergency funding.
Table 7. Funding for Science Agencies
(budget authority in millions of dollars)
Accounts F Y 2007Enacteda F Y 2008Request Hous e-P assed Senat e -P assed F Y 2008Enacted
Office of Science and
Technology Policy5.55.55.5 5.7 5.2
NASA16,284.317,309.417,622.5 18,459.6b17,309.4
National Science Foundation5,917.26,429.06,499.0 6,553.4 6,065.0
Total: Science Agencies22,207.023,743.924,127.0 25,018.7b23,379.6
Sources: For House amounts, see H.R. 3093 (H.Rept. 110-240) and Congressional Record, July 25-
26, 2007; for Senate amounts, S. 1745 (S.Rept. 110-124) and Congressional Record, October 4, 15-
16, 2007; and for FY2008 enacted amounts, the House Appropriations Committee Print on the
Consolidated Appropriations Act, 2008 (H.R. 2764/P.L. 110-161), pp. 438-450.
Note: Amounts may not total due to rounding.
a. The FY2007 Enacted column includes funding provided by the Revised Continuing Appropriations
Resolution, 2007 (P.L. 110-5), and the U.S. Troop Readiness, Veterans Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110-28).
b. Includes $1 billion in emergency funding for NASA return to flight initiative.
Office of Science and Technology Policy (OSTP)120
The OSTP is one of two offices in the Executive Office of the President (EOP)
that are funded in the CJS appropriations bill.121 Established in 1976 by P.L. 94-122
282, the OSTP provides advice within the EOP on scientific and technical aspects
of policy issues, assists in the development of the federal R&D budget, coordinates
and evaluates federal R&D programs, and consults with non-federal entities on
science and technology matters. Dr. John H. Marburger, III is the Director of OSTP
and Science Adviser to the President.
The Consolidated Appropriations Act, 2008 (P.L. 110-161), as passed by
Congress, provides $5.2 million for the OSTP, less than the President’s request. An
additional $2.2 million appropriated to the National Science Foundation is to be
subsequently transferred to the OSTP for costs related to the Science and Technology
Policy Institute, OSTP’s federally funded research and development center. As also
required in Senate report language, the joint explanatory statement accompanying


120 This section was prepared by Dana A. Shea, Specialist in Science and Technology Policy,
Resources, Science, and Industry Division.
121 The other is the Office of the United States Trade Representative.
122 The National Science and Technology Policy and Organization Act, codified at 42 U.S.C.

6611-18.



P.L. 110-161 directs the OSTP to provide to the committees, within 90 days of
enactment, a five year strategic budget plan in response to the National Research
Council’s decadal survey on earth science and space applications.123
For FY2008, the President’s budget requested $5.5 million for OSTP, $13
thousand less than the FY2007 enacted funding level.124 The House committee
supported funding at the President’s request. The House committee report directed
the OSTP to provide to the committee a report on current and future needs regarding
U.S. icebreaking capability. The House-passed bill included $5.5 million for the
OSTP, the same as the President’s request. The Senate committee recommended
$5.7 million for the OSTP, $200 thousand more than the President’s request. Report
language directed that $200 thousand be used for the creation of an Associate
Director for Earth Science and Applications, who would coordinate all federal assets
directed at understanding the Earth’s oceans and climate. The Senate-passed bill
included $5.7 million for the OSTP.
Policy issues related to OSTP include its oversight and coordination of
interagency R&D activities, such as the National Nanotechnology Initiative and the
American Competitiveness Initiative, its role in maintaining the nation’s international
scientific stature, and its leadership in federal support of science and mathematics
education.
National Aeronautics and Space Administration (NASA)125
NASA was created by the 1958 National Aeronautics and Space Act (P.L. 85-
568) to conduct civilian space and aeronautics activities. The agency is managed
from headquarters in Washington, DC. It has nine major field centers around the
country, plus the Jet Propulsion Laboratory, which is operated under contract by the
California Institute of Technology. Dr. Michael Griffin became NASA
Administrator in April 2005.


123 Congressional Record, 110th Congress, 1st Session, December 17, 2007, H15819, Number

193.


124 The OSTP was funded for FY2007 by P.L. 110-5, which appropriated funds at the
FY2006 enacted level, subject to specific rescissions. P.L. 110-5, The Revised Continuing
Appropriations Resolution, 2007.
125 This section was prepared by Daniel Morgan, Analyst in Science and Technology Policy,
Resources, Science, and Industry Division.

Table 8. Funding for NASA
(budget authority in millions of dollars)
Accounts F Y 2007Enacteda F Y 2008Request Hous e-P assed Senat e -P assed F Y 2008Enacted
Science, Aero., & Explor.10,086.510,483.110,896.210,633.010,543.1
Exploration Capabilities6,165.66,791.76,691.76,792.06,733.7
Inspector General32.234.634.634.632.6
Return to Flight — — — 1,000.0b
Total: NASA16,284.317,309.417,622.518,459.617,309.4
Sources: For House amounts, see H.R. 3093 (H.Rept. 110-240) and Congressional Record, July 25-
26, 2007; for Senate amounts, S. 1745 (S.Rept. 110-124) and Congressional Record, October 4, 15-
16, 2007; and for FY2008 enacted amounts, the House Appropriations Committee Print on the
Consolidated Appropriations Act, 2008 (H.R. 2764/P.L. 110-161), pp. 438-450.
Note: Amounts may not total due to rounding.
a. FY2007 amounts include funding provided by the Revised Continuing Appropriations Resolution,
2007 (P.L. 110-5) and the U.S. Troop Readiness, Veterans Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (P.L. 110-28).
b. Designated as emergency funding.
NASA requested $17.309 billion for FY2008, a 6.3% increase over its FY2007126
appropriation. The House-passed bill would have provided $17.623 billion. The
Senate-passed bill would have provided $18.460 billion. The final appropriation
equals the requested amount, $17.309 billion.127 See Table 8 for a breakdown by
appropriations account. A change in how NASA accounts for overhead expenses
complicates comparisons between FY2008 and previous years. The new system,
implemented in September 2006 and known as “full cost simplification,” increases
the stated cost of some programs and decreases the stated cost of others, without
affecting actual program content. The increases and decreases exactly balance, so
that NASA’s total budget is unchanged, but, for any particular account or program,
amounts expressed in the new system are not directly comparable with amounts
expressed in the previous system. In Table 8 and in the discussion of specific NASA
programs that follows, all FY2007 amounts have been adjusted for the accounting
change to make them comparable with FY2008.
Budget priorities throughout NASA are being driven by the Vision for Space
Exploration, announced by President Bush in January 2004 and endorsed by
Congress in the NASA Authorization Act of 2005 (P.L. 109-155). The Vision
includes returning the space shuttle to flight status (already accomplished) then
retiring it by 2010; completing the space station, but discontinuing U.S. use of it by
2017; returning humans to the moon by 2020; and then sending humans to Mars and
“worlds beyond.” The President did not propose significantly increased funding for
NASA to accomplish the Vision. Instead, most of the funding was to come from
redirecting funds from other NASA activities. Moreover, subsequent NASA funding


126 The House bill also rescinded $69.8 million in unobligated funds from prior years.
127 The final bill also rescinded $192.5 million in unobligated funds from prior years.

has been less than was projected at the time of the Vision announcement. The
funding requirements of the Vision thus constrain other NASA programs. NASA
officials stress, however, that their strategy is to “go as we can afford to pay,” with
the pace of the exploration program set, in part, by the available funding.
In the Science, Aeronautics, and Exploration (SA&E) account,128 funding for
Constellation Systems, the program responsible for developing the Orion spacecraft
and Ares I launch vehicle to return humans to the moon, would have increased from
$2.550 billion in FY2007 to $3.068 billion in the FY2008 request. The House bill
would have provided the requested amount. The Senate bill would have provided a
$50 million increase for Ares I. The final FY2008 appropriation is $2.991 billion.
An initial operating capability for Orion and Ares I (i.e., a first crewed flight) is
planned for early 2015.
Also in SA&E, the request for Science was $5.516 billion, an increase of 2.7%.
In late 2006, responding to concern in Congress and the scientific community about
NASA support for earth science, the Science Mission Directorate (SMD) created a
separate Earth Science Division. The FY2008 request included increased funding for
earth science and projected further increases in FY2009 and FY2010 relative to
previous plans, although most of the requested increases were to cover cost increases
and schedule delays in existing missions. In SMD’s Astrophysics Division, the
request deferred the Space Interferometer mission (SIM) beyond FY2012 but
reinstated funding for the SOFIA airborne infrared telescope. The House bill would
have provided $5.696 billion, including increases for new earth science missions,
SIM, and research and analysis throughout the directorate. The Senate bill would
have provided $5.655 billion, with the bulk of its increase devoted to earth science.
The enacted FY2008 NASA budget includes $5.547 billion, including increases for
earth science, SIM, and research and analysis; these increases were partly offset by
reductions in other SMD programs.
The request for Aeronautics Research in SA&E was $554 million. This was a
23% decrease relative to the FY2007 appropriation, but both the FY2008 request and
the accompanying projections through FY2011 were increased by about $50 million
per year relative to NASA’s previous plans. The House bill would have provided
$700 million, while the Senate bill would have provided the requested amount. The
final appropriation is $622 million.
The request for Exploration Capabilities consisted of $6.792 billion for the
Space Operations Mission Directorate, including the space shuttle, the space station,
and the Space and Flight Support program. This was an 11% increase above the
FY2007 appropriation. Most of the requested increase was an expected consequence
of the space station construction schedule. In addition, the request included $150
million for two new Tracking and Data Relay System (TDRS) satellites, which are


128 The House bill split SA&E into five separate accounts: Science, Aeronautics,
Exploration, Education, and Cross-Agency Support Programs. NASA uses these categories
in its budget justification documents, so comparisons are straightforward. The final bill did
not use the new structure for FY2008, but it directed NASA to implement it beginning in
FY2009.

required for ground communications with near-earth spacecraft. The increase for
these satellites was approximately offset by reductions in planned reserves for the
shuttle and the station. A key issue for Congress is the expected gap between the end
of shuttle flights in 2010 and the planned initial availability of Orion and Ares I in
2015. Retaining NASA’s skilled workforce during the transition period will be a
major challenge, especially if development of the new vehicles takes longer than
planned and the gap lengthens. Some analysts worry that placing a fixed termination
date on the shuttle will create schedule pressure, which was identified as a
contributing factor in the 2003 Columbia disaster. Some also are uncomfortable with
the fact that Russian spacecraft will be the only way to launch U.S. astronauts to the
space station during the gap period. The House bill would have provided $6.692
billion for Exploration Capabilities, or $100 million less than the request.129 The
bulk of the House reduction was from the TDRS procurement request. The House
report stated that “this reduction should not affect the viability of the system.” The
Senate bill would have provided the requested amount for Exploration Capabilities.
The final bill provides $6.734 billion.
The Senate bill would have provided an additional $1 billion in emergency
funding for expenses associated with returning the space shuttle to flight following
the Columbia disaster. This funding is not included in the final bill.
For more on NASA’s FY2008 budget, see CRS Report RS22625, National
Aeronautics and Space Administration: Overview, FY2008 Budget in Brief, and Key
Issues for Congress, by Daniel Morgan and Carl E. Behrens.
National Science Foundation (NSF)130
The NSF was created by the National Science Foundation Act of 1950, as
amended (P.L. 81-507). The NSF has the broad mission of supporting science and
engineering in general and funding basic research across many disciplines. The
majority of the research supported by the NSF is conducted at U.S. colleges and
universities. In addition to helping to ensure the nation’s supply of scientific and
engineering personnel, the NSF promotes academic basic research and science and
engineering education across many disciplines. Other federal agencies, in contrast,
support mission-specific research. The NSF provides support for investigator-
initiated, merit-reviewed, competitively selected awards, state-of-the-art tools, and
instrumentation and facilities. Also, NSF provides almost 30% of the total federal
support for science and mathematics education. Support is provided to academic
institutions, industrial laboratories, private research firms, and major research
facilities and centers. Although the NSF does not operate any laboratories, it does
support Antarctic research stations, selected oceanographic vessels, and national
research centers. In addition, the NSF supports university-industry relationships and
U.S. participation in international scientific ventures.


129 The House bill referred to this account as Space Operations. The present Exploration
Capabilities account funds the Space Operations Mission Directorate.
130 This section was prepared by Christine M. Matthews, Specialist in Science and
Technology Policy, Resources, Science, and Industry Division.

Table 9. Funding for the National Science Foundation
(budget authority millions of dollars)
AccountsFY2007EnactedFY2008 RequestHouse-PassedSenate-PassedFY2008Enacted
Research and Related
Ac tivities 4,666.0 5,131.7 5,139.7 5,156.1 4,821.5
Major Research
Equipment and Facilities
Construction 190.9 244.7 244.7 244.7 220.7
Education and Human
Resources 796.7 750.6 822.6 850.6 725.6
Agency Operations and
Award Management248.2285.6275.6285.6281.8
National Science Board4.04.04.04.04.0
Office of Inspector
General 11.4 12.4 12.4 12.4 11.4
Total: NSF5,917.26,429.06,499.06,553.46,065.0
Sources: For House amounts, see H.R. 3093 (H.Rept. 110-240) and Congressional Record, July 25-
26, 2007; for Senate amounts, S. 1745 (S.Rept. 110-124) and Congressional Record, October 4, 15-
16, 2007; and for FY2008 enacted amounts, the House Appropriations Committee Print on the
Consolidated Appropriations Act, 2008 (H.R. 2764/P.L. 110-161), pp. 438-450.
Note: Amounts may not total due to rounding.
As shown in Table 9, the Consolidated Appropriations Act, 2008 (P.L. 110-
161), provides $6.065 billion for NSF, $147.8 million above the enacted FY2007
level, but $364.0 million below the FY2008 budget request. Nonetheless, the act
funds the Research and Related Activities (R&RA) at $4.822 billion in FY2008,
$155.5 million above the FY2007 level, and $310.2 million below the
Administration’s request. In the explanatory language accompanying the act,
Appropriators agreed with the Administration’s request to transfer the Experimental
Program to Stimulate Competitive Research (EPSCoR) from the Education and131
Human Resources (EHR) to the R&RA. House report language directs NSF to
review its polices concerning transformative research, research that is described as132
“cutting edge” and revolutionary. Several reports have been released
recommending that NSF allocate funds specifically for this type of research.
Appropriators have directed the agency to issue a report suggesting how
transformative research can be included in NSF’s portfolio of research activities.133
Additional report language directs NSF to increase its support for physical


131 House Appropriations Committee Print on the Consolidated Appropriations Act, 2008
(H.R. 2764/P.L. 110-161), p. 315.
132 H.Rept. 110-240 (H.R. 3093), pp. 124-125.
133 Ibid.

infrastructure improvements of its academic research fleet and for aging facilities.134
P.L. 110-161 funds Major Research Equipment and Facilities Construction (MREFC)
at $220.7 million and the EHR at $725.6 million for FY2008.
The FY2008 request for the NSF was $6.429 billion, an 8.7% increase over the
FY2007 enacted level of $5.917 billion. The President’s American Competitiveness
Initiative (ACI) included a proposal to double the NSF budget over the next 10 years.
The FY2008 request would have been another installment toward that doubling
effort. NSF asserted that international research partnerships are critical to the nation
in maintaining a competitive edge, and capitalizing on global economic
opportunities. To address these needs, the Administration requested $45.0 million for
the Office of International Science and Engineering. Also, NSF is the lead agency
supporting polar research. A focus of planned polar research, requested at $464.9
million in FY2008, is to be in climate change and environmental observations.
Included in the FY2008 request was $5.132 billion for R&RA, a 10% increase
over the FY2007 enacted level of $4.666 billion. R&RA funds research projects,
research facilities, and education and training activities. Partly in response to
concerns in the scientific community about the imbalance between support for the
life sciences and the physical sciences, the FY2008 request included increased
funding for the physical sciences. The FY2008 request also included a proposal to
transfer support for EPSCoR from EHR to Integrative Activities. The FY2008
request included $107 million for EPSCoR.
The FY2008 request for the EHR Directorate was $750.6 million, 5.8% below
the FY2007 enacted level of funding. The EHR portfolio is focused on increasing
the technological literacy of all citizens, preparing the next generation of science,
engineering, and mathematics professionals, and closing the achievement gap in all
scientific fields. Support at the various educational levels in the FY2008 request
was: precollege, $222.5 million; undergraduate, $210.2 million; and graduate, nearly
$169.5 million. The Math and Science Partnership Program, a crosscutting program
with the Department of Education, was proposed at $46 million in the FY2008
request.
The MREFC account was funded at $244.7 million in the FY2008 request, a
28.2% increase over the FY2007 enacted level of funding. Projects to be supported
in the FY2008 request included Atacama Large Millimeter Array Construction
($102.1 million), Ice Cube Neutrino Observatory ($22.4 million), National
Ecological Observatory Network ($8.0 million), South Pole Station Modernization
project ($6.6 million), Alaskan Region Research Vessel ($42.0 million), Ocean
Observatories Initiative ($31.0 million), and Advanced Laser Interferometer
Gravitational Wave Observatory ($32.8 million).
The Senate-passed bill would have provided a total of $6.553 billion for the
NSF in FY2008, $124.4 million above the request and $636.2 million above the
FY2007 enacted level of funding. Included in the total was $5.156 billion for
R&RA, $24.4 million above the FY2008 request and $490.1 million above FY2007.


134 Ibid.

The Senate bill would have funded the EHR at $850.6 million and the MREFC at
$244.7 million. The House-passed bill would have provided $6.499 billion for the
NSF in FY2008,135 $70 million more than the request, and $54.4 million less than the
Senate version.136 The House would have funded the R&RA at approximately $5.140
billion, $8 million more than the request and $16.1 million less than the Senate bill.
For the MREFC and the EHR, the House would have provided $244.7 million and
$822.6 million, respectively.
Related Legislation
H.R. 1867 (Baird)
The National Science Foundation Authorization Act of 2007, as passed by the
House, would authorize appropriations for NSF for FY2008-FY2010. Among other
things, it would require an increase in funding for the Research Experiences for
Undergraduates programs; would direct the National Science Board to evaluate the
role of NSF in supporting interdisciplinary research; and would require the creation
of a pilot program to award one-year grants to individuals to assist them in improving
research proposals previously submitted to NSF but not selected for funding.
Related CRS Products
CRS Report RS21767, Hubble Space Telescope: NASA’s Plans for a Servicing
Mission, by Daniel Morgan.
CRS Report RS21267, National Science Foundation: Major Research Equipment
and Facility Construction, by Christine M. Matthews.
CRS Report 95-307, U.S. National Science Foundation: An Overview, by Christine
M. Matthews.
CRS Report RL30930, U.S. National Science Foundation: Experimental Program
to Stimulate Competitive Research (EPSCoR), by Christine M. Matthews.


135 Representative Capito offered an amendment (agreed 243-186, Roll No. 727) that
reduced funding for the NSF operations and award management program by $10 million
(below the amount provided in the reported bill) to increase funding for Department of
Justice Office on Violence Against Women. Congressional Record, daily edition, vol. 153
(July 25, 2007), pp. H8456-8458, H8492.
136 The House bill also includes a proposed rescission of $24 million in prior year
appropriations for the NSF.

Related Agencies
The FY2008 appropriations for related agencies is $809 million as Table 10
shows. This amount is $46.3 million more than the Administration’s request and $8
million more than the FY2007 appropriations for those agencies. FY2008 funding
was appropriated for all related agencies except for the Antitrust Modernization
Commission, for which the authorization has expired (as discussed below). The
FY2008 budget request included nearly $763 million for these agencies, $38.2
million less than the amount appropriated by Congress for these agencies for
FY2007. However, the request included no additional funding for the Antitrust
Modernization Commission, the National Veterans Business Development
Corporation, or the State Justice Institute. The Senate-passed bill included funding
for the State Justice Institute, but would not have funded the other two agencies.
Nevertheless, the Senate-passed bill would have provided nearly $99.0 million over
the FY2007 enacted level for Title IV agencies for FY2008, with the largest increases
going to the Equal Employment Opportunity Commission and the Legal Services
Corporation. By comparison, the House-passed bill would have provided $45 more
than the FY2007 enacted level for FY2008.
Table 10. Funding for CJS Related Agencies
(budget authority in millions of dollars)
Commission, Office, orFY2007FY2008House-Senate-FY2008
Corporation Enacted Request P assed passed Enacted
Antitrust Modernization
Commission0.5 — — — —
U.S. Commission on Civil Rights9.08.89.09.08.5
Equal Employment Opportunity
Commission (EEOC)328.7327.7332.7378.0329.3
International Trade Commission62.068.468.468.468.4
Legal Services Corporation348.6310.9377.0390.0350.5
Marine Mammal Commission2.92.33.03.02.8
National Veterans Business
Development Corporation1.5 — 2.5 — 1.4
Office of the U.S. Trade
Representative 44.2 44.4 48.4 47.8 44.1
State Justice Institutea3.5 — 4.63.53.8
Total: Related Agencies800.7762.5845.7899.7808.8
Sources: For House amounts, see H.R. 3093 (H.Rept. 110-240) and Congressional Record, July 25-
26, 2007; for Senate amounts, S. 1745 (S.Rept. 110-124) and Congressional Record, October 4, 15-
16, 2007; and for FY2008 enacted amounts, the House Appropriations Committee Print on the
Consolidated Appropriations Act, 2008 (H.R. 2764/P.L. 110-161), pp. 438-450.
Note: Amounts may not total due to rounding.
a. Under the terms of its enabling legislation, the State Justice Institute is authorized to present its
budget request directly to Congress.



Antitrust Modernization Commission137
The Antitrust Modernization Commission Act (P.L. 107-273, enacted 11/2/02)
created a 12-person commission to evaluate U.S. antitrust laws. The commission
issued its final report on April 3, 2007. The Commission expired at the end of May,
2007. The President’s FY2008 request does not include any continued funding for
the Antitrust Modernization Commission. This follows $1.2 million enacted in
FY2006 and $0.5 million in FY2007. Neither the House- nor the Senate-passed bills
include any funding in FY2008. The final product was the Antitrust Modernization
Commission: Report and Recommendations. In preparation for this report, the
commission held 18 hearings and interviewed 117 witnesses. The topics included
merger enforcement, exclusionary conduct, international antitrust, and criminal
remedies, among others. The final report included recommendations organized under
(1) substantive law, (2) enforcement institutions, (3) civil and criminal penalties, and
(4) government exceptions to free-market competition. The report also included
separate statements submitted by the individual commissioners. Congress
appropriated no additional funding for this commission for FY2008.
Commission on Civil Rights138
The U.S. Commission on Civil Rights (Commission), established by the Civil
Rights Act of 1957, investigates allegations of citizens, who may have been denied
the right to vote based on color, race, religion, or national origin; studies and gathers
information on legal developments constituting a denial of the equal protection of the
laws; assesses federal laws and policies in the area of civil rights; and submits reports
on its findings to the President and Congress when the Commission or the President
deems it appropriate.
For FY2008, the Bush Administration requested $8.8 million for the U.S.
Commission on Civil Rights, or $172 thousand less than the FY2007 enacted level
of nearly $9 million for the Commission. Both the House- and Senate-passed bills
would have provided $9 million for the Commission. The Commission’s enacted
FY2008 budget is $8.5 million.
In report language, the House Appropriations Committee expressed concern that
36 of the 51 State Advisory Committees are inoperative because their authorizing
charters have expired.139 The House committee directed the Commission to give
priority to reconstituting the State Advisory Committees and to make appointments
that reflect a balance of viewpoints and a diversity in membership, especially in terms
of gender, disability, party affiliation, and civil rights experience with affected
communities. Further, the Committee stated that no one should be denied an


137 This section was written by Edward V. Murphy, Analyst in Financial Institutions,
Government and Finance Division.
138 This section was written by Garrine P. Laney, Analyst in Social Legislation, Domestic
Social Policy Division.
139 H.Rept. 110-240, p. 130.

opportunity to serve on a State Advisory Committee because of race, age, sex, sexual
orientation, religion, national origin, disability, or political persuasion.
Equal Employment Opportunity Commission (EEOC)140
The EEOC enforces laws banning employment discrimination based on race,
color, national origin, sex, age, or disability. In recent years, appropriators have been
particularly concerned about the agency’s implementation of a restructuring plan.
The plan includes the National Contact Center (NCC) pilot project that began in
March 2005; the January 2006 commencement of field structure and staff
realignment that the Commission approved in mid-2005; and the examination of
headquarters’ structure and operations to streamline functions and clarify roles and
responsibilities.
For FY2008, P.L. 110-161 provides $329.3 million for the EEOC, which is an
increase of $6.5 million from the FY2007 enacted level and $1.6 million from the
President’s request. This amount also includes $29.1 million for payments to state
and local entities that work with the agency. The act requires that the EEOC must
notify the House and Senate Appropriations Committees of any proposal for
workforce repositioning, restructuring, or reorganization. Further, the joint
explanatory statement directs the EEOC:141
!to provide a spending plan within 60 days after enactment
highlighting the changes the Commission plans to make to reduce
backlog and handle calls after the termination of the NCC,
!to use a portion of the funds to upgrade the EEOC’s telephone
technology and to hire staff in field offices to handle calls, and
!to notify and consult Congress if the NCC extends beyond February

1, 2008.142


The President’s FY2008 budget request for the EEOC was $327.7 million,
which was $1 million below the FY2007 enacted level of $322.8 million. The
budget included $28 million for payments to state and local entities with which the
agency has work-sharing agreements to address workplace discrimination within
their jurisdictions (i.e., Fair Employment Practices Agencies, FEPAs, and Tribal
Employment Rights Organizations, TEROs); this was the same amount requested last
year and less than the $33 million to which the Congress typically has raised the
allocation. The request also included $1 million to relocate the EEOC’s headquarters
in Washington, D.C. In addition, the Administration proposed reconfiguring or
relocating field offices to comply with reduced space requirements.


140 This section was prepared by Abigail Rudman, Information Research Specialist,
Knowledge Services Group, and Linda Levine, Specialist in Labor Economics, Domestic
Social Policy Division.
141 Congressional Record, daily edition (December 17, 2007), p. H15826.
142 This action reflects the Commission’s having voted on July 26, 2007 against renewing
operation of the NCC, but extending the contract through March 2008, during which time
it intended to work with a consultant to develop a transition strategy.

The House Appropriations Committee directed the EEOC to use the increase to
reduce its backlog of discrimination complaints and to report to the Committee on
steps that will be taken to cut the backlog. Reflecting previously expressed concerns
about the NCC pilot, the Committee eliminated the $2.5 million that had been
requested for it. It recommended that those funds instead be used to update current
telephone technology and hire additional field staff to handle phone calls or locate
an in-house call center in surplus space at EEOC offices. In report language, the
Senate Appropriations Committee also expressed concern about the large backlog of
employment discrimination charges and pointed to findings in the Inspector
General’s report on the NCC to support prohibiting the use of funds in S. 1745 to
operate it. The Committee also called upon the Inspector General (IG) to evaluate
the effect of the Commission’s repositioning plan on the delivery of core services and
any cost savings associated with it; the IG is directed to submit a report within 90
days of the act’s enactment.
In addition, the Senate Appropriations Committee included an amendment to
H.R. 3093 by Senator Alexander previously approved by the Committee barring the
EEOC from using its appropriation to initiate or participate in a civil action against
an employer who requires an employee to speak English while at work.
Representative Frelinghuysen offered a motion to instruct House conferees to agree
to the amendment that Senator Alexander originally had proposed; the motion was
approved.143 Some members of the Congressional Hispanic Caucus protested in
response.144 However, P.L. 110-161 did not include the English at work provision.
International Trade Commission (ITC)145
The 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,
along with the Import Administration Unit of ITA, is charged with administering
various U.S. trade remedy laws. Its six commissioners are appointed by the President
for nine-year terms. As a matter of policy, its budget request is submitted to
Congress by the President without revision. For FY2008, P.L. 110-161 provides ITC
with $68.4 million, or $6.4 million over the FY2007 enacted budget level and the
same amount requested by the Administration.
Legal Services Corporation (LSC)146
The LSC is a private, non-profit, federally funded corporation that provides
grants to local offices that, in turn, provide legal assistance to low-income people in
civil (non-criminal) cases. The LSC has been controversial since its incorporation
in the early 1970s and has been operating without authorizing legislation since 1980.


143 Congressional Record, daily edition (November 8, 2007), p. H13387.
144 Congressional Quarterly, Weekly Report Appropriations (November 19, 2007), p. 3485.
145 This section was written by M. Angeles Villarreal, Analyst in International Trade and
Finance, Foreign Affairs, Defense, and Trade Division.
146 This section was prepared by Carmen Solomon-Fears, Specialist in Social Policy,
Domestic Social Policy Division.

There have been ongoing debates over the adequacy of funding for the agency and
the extent to which certain types of activities are appropriate for federally funded
legal aid attorneys to undertake. In annual appropriations bills, Congress traditionally
has included legislative provisions restricting the activities of LSC-funded grantees,
such as prohibiting any lobbying activities or prohibiting representation in certain
types of cases. Current LSC funding remains below the LSC’s highest funding level
of $400 million in FY1994 and FY1995.147
The Consolidated Appropriations Act, 2008 (P.L. 110-161) includes $350.5
million for the LSC for FY2008. This amount is $1.9 million above the FY2007
appropriation ($348.6 million) for the LSC and $39.6 million above the
Administration’s FY2008 budget request for the LSC. The FY2008 appropriation
for the LSC includes $332.4 million for basic field programs and required
independent audits; $12.5 million for management and administration; $2.1 million
for client self-help and information technology; $3.0 million for the Office of the
Inspector General; and $0.5 million for loan repayment assistance.
For FY2008, the Bush Administration requested $310.9 million for the LSC.
The Administration’s budget request included $289 million for basic field programs
and required independent audits; almost $13 million for management and
administration; $5 million for client self-help and information technology; and $3
million for the Office of the Inspector General.
For FY2008, the Senate Appropriations Committee recommended $390 million
for the LSC, a $41.4 million increase above the FY2007 LSC appropriation, and
$79.1 million above the Administration’s FY2008 budget request for the LSC.
During the Senate debate on the bill, an amendment by Senator Jeff Bingaman was
passed that would have permitted LSC-funded legal services programs to provide
legal assistance to “H2B” workers — temporary foreign workers employed in the
forestry industry — in matters directly related to their employment. LSC-funded
programs are currently prohibited from serving H2B workers. The Senate-passed bill
would have provided $390 million for the LSC for FY2008.
The House-passed bill, by comparison, would have provided $377 million for
the LSC, a $28.4 million increase above the FY2007 appropriation, $66.1 million
above the Administration’s FY2008 budget request, and $13 million below the
Senate-passed bill.
Marine Mammal Commission (MMC)148
The MMC is an independent agency of the executive branch, established under
Title II of the Marine Mammal Protection Act (MMPA; P.L. 92-522). The MMC
reviews and makes recommendations on domestic and international actions and
policies of all federal agencies with respect to marine mammal protection and


147 For additional information on the LSC, see CRS Report RL34016, Legal Services
Corporation: Background and Funding, by Carmen Solomon-Fears.
148 This section was prepared by Eugene H. Buck, Specialist in Natural Resources Policy;
Resources, Science, and Industry Division.

conservation and with carrying out a related research program. As funding permits,
the MMC supports research to further the purposes of the MMPA. In 2005, the
MMC awarded seven competitive grants totaling approximately $252 thousand plus
an additional three non-competitive grants totaling approximately $40 thousand.
The FY2007 Revised Continuing Appropriations Resolution (P.L. 110-10)
provided the MMC with nearly $2.9 million for FY2007. In its report on FY2007
appropriations for the MMC (H.Rept. 109-520), the House Appropriations
Committee urged the MMC to continue prioritizing activities related to minimizing
the direct and indirect effects of chemical contaminants, marine debris, noise, and
other forms of ocean pollution on marine mammals and other marine organisms.
The President’s FY2008 budget request for the MMC was $2.3 million. The
Senate-passed bill included $3 million for the MMC. The Senate committee stated
that the proposed increase would
... cover the costs of inflation, and for necessary expenses including the hiring of
one full-time equivalent [FTE] to help ensure the Commission meets its
responsibilities. This increase will allow the Commission to address a variety of
challenges including climate change and the continued study of endangered149
species.
The Senate committee also stated that the MMC would
... also pursue a number of projects including, but not limited to, completing a
report on Federal spending for marine mammal research over the past three
decades, reviewing cumulative effects of risk factors on marine mammals, and
the continuance of work with National Marine Fisheries Service, and the Fish
and Wildlife Service to assess issues related to marine mammal and fishery150
interactions.
The House-passed bill would have provided $3 million for the MMC to increase
funding to monitor marine mammal adaptation to climate change. The House
committee expressed its expectations that the MMC
... continue its efforts to minimize the direct and indirect effects of fisheries,
noise, disease, chemical contaminants, harmful algal blooms, climate change,
habitat alteration, boating and commercial shipping, marine debris, and other
factors that may pose a risk of sublethal and lethal effects on marine mammals151
or that may affect the health and stability of the marine ecosystem.
The enacted FY2008 MMC appropriation is $2.8 million.


149 S.Rept. 110-124, p. 125.
150 Ibid.
151 H.Rept. 110-240, p. 134.

National Veterans Business Development
Corporation (VBC)152
The VBC was established under the Veterans Entrepreneurship ans Small
Business Development Act of 1999 (P.L. 106-50). The corporation’s mission is to
foster entrepreneurship and business opportunities for veterans, including service-
disabled veterans. The VBC provides veterans with access to capital and business
services, entrepreneurial education, surety bonding, insurance and prescription
coverage, as well as a veterans business directory. Congress provided the corporation
with $1.5 million in funding for each year, FY2006 and FY2007. For FY2008, the
Administration requested no funding for the VBC, however. Nor did the Senate-
passed bill include any funding for the VBC. The House-passed bill would have
provided $2.5 million for the VBC. House report language also directs the
corporation to submit a spending plan to the Committee within in 30 days of
enactment that breaks out funding for overhead costs, salary, benefits and places of
operation for all of its community based organizations. The enacted FY2008 VBC
appropriation is $1.4 million.
Office of the U.S. Trade Representative (USTR)153
USTR, located in the Executive Office of the President (EOP), is responsible
for developing and coordinating U.S. international trade and direct investment
policies. The USTR is responsible for advancing U.S. interests at the WTO and
negotiating bilateral and regional free trade agreements (FTAs). In 2006 and 2007,
the Administration concluded FTAs with Peru, Colombia, Oman, Panama, and South
Korea. The Administration has ongoing negotiations with Thailand, Malaysia, and
the United Arab Emirates. In 2006, USTR obtained congressional approval of FTAs
with Bahrain, the Dominican Republic, and Central American countries. The Office
had 229 full-time employees in FY2007.
For FY2008, Congress has appropriated $44.1 million for USTR, or $100
thousand less than the FY2007 enacted level of $44.2 million and $300 thousand less
than the Administration’s request. By comparison, the House-passed bill included
$48.4 million for the USTR, and the Senate-passed bill included $47.8 million.
State Justice Institute (SJI)154
The SJI is a private, nonprofit corporation that makes grants to state courts and
funds research, technical assistance, and informational projects aimed at improving
the quality of judicial administration in state courts across the United States. Under
the terms of its enabling legislation, SJI is authorized to present its budget request
directly to Congress, apart from the President’s budget. The FY2008 SJI


152 This section was written by William J. Krouse, Specialist in Domestic Security.
153 This section was written by M. Angeles Villarreal, Analyst in International Trade and
Finance, Foreign Affairs, Defense, and Trade Division.
154 This section was written by Denis Steven Rutkus, Specialist in American National
Government, Government and Finance Division.

appropriation is $3.76 million, an 8.7% increase over the $3.46 million appropriated
for both FY2007 and FY2006. The Bush Administration, as in its budgets for the
previous five years, did not request any appropriated funds for the institute in
FY2008.155 The House-passed bill included $4.64 million for SJI in FY2008, while
the Senate-passed bill included $3.5 million for SJI.
Table 11. CJS Appropriations by Account,
FY2007 Enacted, FY2008 Proposed, and FY2008 Enacted
(budget authority in millions of dollars)
Bureau or AgencyFY2007EnactedaFY2008RequestbHouse-PassedSenate-PassedFY2008Enacted
Department of Commerce (DOC)
International Trade
Administration395.6412.4 422.4417.4 405.2
Bureau of Industry and Security75.478.8 78.878.8 72.9
Economic Development
Administration280.6202.8 302.8282.8 279.9
Minority Business Development
Agency29.728.7 31.230.2 28.6
Economic and Statistical
Analysis79.885.0 86.585.0 81.1
Bureau of the Census893.01,230.2 1,222.21,246.6 1,230.2
National Telecommunicationsc
and Information Administration39.818.6 45.348.6 36.3
Patent and Trademark Officed(1,771.0)(1,915.5)(1,915.5)(1,915.5)(1,915.5)
Technology Administration2.01.6 1.00.0 —
National Institute of Standards
and Technology676.9640.7 831.2832.2 755.8
National Oceanic and
Atmospheric Administration4,078.33,809.6 3,950.54,184.9 3,896.5
Departmental Management73.787.4 46.582.7 70.0
DOC Subtotal6,624.76,595.8 7,018.47,289.2 6,856.5
Department of Justice (DOJ)
General Administration1,836.21,901.6 1,819.51,829.0 1,794.8
U.S. Parole Commission11.512.2 12.212.2 11.5
Legal Activities3,393.13,664.9 3,609.13,710.6 3,584.0
National Security Division68.778.1 78.178.1 73.4
Interagency Law Enforcement497.9509.2 509.2509.2 497.9
Federal Bureau of Investigation6,298.66,524.8b6,531.86,601.7 6,657.7
Drug Enforcementb
Administration1,761.11,804.61,842.61,854.2 1,857.6


155 In the Appendix of the Budget of the United States Government for each fiscal year from
FY2002 through FY2008, a funding table for the State Justice Institute, and brief
accompanying text, indicated that the proposed budget for each year entailed no
appropriated funds for SJI but did not provide an explanation for why no funding was
requested.

Bureau or AgencyFY2007EnactedaFY2008RequestbHouse-PassedSenate-PassedFY2008Enacted
Bureau of Alcohol, Tobacco,
Firearms and Explosives984.11,014.0 1,014.01,049.0 1,007.6
Federal Prison System5,448.25,363.9 5,268.95,648.9 5,425.5
Office of Violence Against
Women382.6370.0 459.0400.0 400.0
Office of Justice Programs2,528.51,104.7 2,830.02,800.1 2,282.0
DOJ Subtotal 23,210.422,347.9 23,974.224,492.8 23,591.9h
Science Agencies
Office of Science and
Technology5.55.5 5.55.7 5.2
NASA 16,284.317,309.4 17,622.518,459.6g17,309.4
National Science Foundation5,917.26,429.0 6,499.06,553.4 6,065.0
Science Agencies Subtotal: 22,207.023,743.9 24,127.025,018.7g23,379.6
Related Agencies
Antitrust Modernization
Commission0.5 — — — —
Commission on Civil Rights9.08.8 9.09.0 8.5
Equal Employment Opportunity
Commission (EEOC)328.7327.7 332.7378.0 329.3
International Trade Commission62.068.4 68.468.4 68.4
Legal Services Corporation348.6310.9 377.0390.0 350.5
Marine Mammal Commission2.92.3 3.03.0 2.8
National Veterans Business
Development Corporation1.5 — 2.5 — 1.4
U.S. Trade Representative44.244.4 48.447.8 44.1
State Justice Institutee 3.5 — 4.63.5 3.8
Related Agencies Subtotal800.7762.5 845.7899.7 808.8
Total Appropriations52,842.953,450.1b55,965.4f57,700.4g54,636.8h
Rescissions
Department of Commerce(32.0)(48.6) (41.8)(10.0) (36.7)
Department of Justice(328.5)(456.0) (687.3)(681.0) (639.7)
Science Agencies — — (93.8) — (225.5)
Total Rescissions(360.5)(504.6) (822.9)(691.0) (901.8)
Grand Total52,482.452,945.5b55,142.4f57,009.4g53,735.0h
Sources: For House amounts, see H.R. 3093 (H.Rept. 110-240) and Congressional Record, July 25-26, 2007;
for Senate amounts, S. 1745 (S.Rept. 110-124) and Congressional Record, October 4, 15-16, 2007; and for
final FY2008 enacted amounts, the House Appropriations Committee Print on the Consolidated Appropriations
Act, 2008 (H.R. 2764/P.L. 110-161), pp. 438-450.
Note: Amounts may not total due to rounding.
a. The FY2007 Enacted column includes funding provided by the Revised Continuing Appropriations
Resolution, 2007 (P.L. 110-5), and the U.S. Troop Readiness, Veterans Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (P.L. 110-28).
b. The amounts in this table for the FY2008 request reflect a November 6, 2007, budget amendment submitted
by the Administration that would provide additional funding for the FBI ($39 million for cybersecurity



and $105 million for counterterrorism) and the DEA ($2 million for counterterrorism). The FY2008
request amounts, however, do not reflect an additional $146.7 million requested by the Administration
in February 2008 for the Department of Justice as part of the FY2008 Global War on Terror
Supplemental.
c. FY2008 request does not include $45 million in mandatory spending from the Digital Transition and Safety
Public Fund.
d. 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 and do not count toward
the appropriation totals. Only newly appropriated funds count toward the annual appropriation totals.
e. Under the terms of its enabling legislation, the State Justice Institute is authorized to present its budget
request directly to Congress.
f. This amount includes a $10 million dollar reduction from the Department of Commerce’s departmental
management account, so that the FY2008 cap on obligations from the Crime Victims Fund could be
increased by that amount. Under Congressional Budget Office scorekeeping rules, increasing that cap
reduced savings that were scored previously under the bill. To sustain the same level of savings under
the bill, directly appropriated funding was reduced by a like amount.
g. Includes $1 billion in emergency funding for NASA return to flight activities.
h. Includes $285.5 million in emergency spending for the the Department of Justice.