This report describes actions taken to provide FY2021 appropriations for Commerce, Justice, Science, and Related Agencies (CJS) accounts. This report also provides information on FY2020 supplemental appropriations for CJS.

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

Overview of CJS

The annual CJS appropriations act provides funding for the Department of Commerce, the Department of Justice (DOJ), select science agencies, and several related agencies. Appropriations for the Department of Commerce include funding for bureaus and offices such as the Census Bureau, the U.S. Patent and Trademark Office, the National Oceanic and Atmospheric Administration, and the National Institute of Standards and Technology. Appropriations for DOJ provide funding for agencies such as the Federal Bureau of Investigation; the Bureau of Prisons; the U.S. Marshals; the Drug Enforcement Administration; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, along with funding for a variety of public safety-related grant programs for state, local, and tribal governments. The vast majority of funding for the science agencies goes to the National Aeronautics and Space Administration and the National Science Foundation.¹ The annual appropriation for the related agencies includes funding for agencies such as the Legal Services Corporation and the Equal Employment Opportunity Commission.

Department of Commerce

The mission of the Department of Commerce is to "create the conditions for economic growth and opportunity."² The department promotes "job creation and economic growth by ensuring fair and reciprocal trade, providing the data necessary to support commerce and constitutional democracy, and fostering innovation by setting standards and conducting foundational research and development."³ It has wide-ranging responsibilities including trade, economic development, technology, entrepreneurship and business development, monitoring the environment, forecasting weather, managing marine resources, and statistical research and analysis. The department pursues and implements policies that affect trade and economic development by working to open new markets for U.S. goods and services and promoting pro-growth business policies. It also invests in research and development to foster innovation.

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

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

Department of Justice

DOJ's mission is to "enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans."⁴ DOJ also provides legal advice and opinions, upon request, to the President and executive branch department heads.

The major DOJ offices and agencies, and their functions, are described below:

• Office of the United States Attorneys (USAO) prosecutes violations of federal criminal laws, represents the federal government in civil actions, and initiates proceedings for the collection of fines, penalties, and forfeitures owed to the United States;
• United States Marshals Service (USMS) provides security for the federal judiciary, protects witnesses, executes warrants and court orders, manages seized assets, detains and transports alleged and convicted offenders, and apprehends fugitives;
• Federal Bureau of Investigation (FBI) investigates violations of federal criminal law; helps protect the United States against terrorism and hostile intelligence efforts; provides assistance to other federal, state, and local law enforcement agencies; and shares jurisdiction with the Drug Enforcement Administration for the investigation of federal drug violations;
• Drug Enforcement Administration (DEA) investigates federal drug law violations; coordinates its efforts with other federal, state, and local law enforcement agencies; develops and maintains drug intelligence systems; regulates the manufacture, distribution, and dispensing of legitimate controlled substances; and conducts joint intelligence-gathering activities with foreign governments;
• Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) enforces federal law related to the manufacture, importation, and distribution of alcohol, tobacco, firearms, and explosives;
• Federal Prison System (Bureau of Prisons; BOP) houses offenders sentenced to a term of incarceration for a federal crime and provides for the operation and maintenance of the federal prison system;
• Office on Violence Against Women (OVW) provides federal leadership in developing the nation's capacity to reduce violence against women and administer justice for and strengthen services to victims of domestic violence, dating violence, sexual assault, and stalking;
• Office of Justice Programs (OJP) manages and coordinates the activities of the Bureau of Justice Assistance; Bureau of Justice Statistics; National Institute of Justice; Office of Juvenile Justice and Delinquency Prevention; Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking; and Office of Victims of Crime; and
• Community Oriented Policing Services (COPS) advances the practice of community policing by the nation's state, local, and tribal law enforcement agencies through information and grant resources.

Science Offices and Agencies

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

Office of Science and Technology Policy

The primary function of the Office of Science and Technology Policy (OSTP) is to provide the President and others within the Executive Office of the President with advice on the scientific, engineering, and technological aspects of issues that require the attention of the federal government.⁵ The OSTP director also manages the National Science and Technology Council,⁶ which coordinates science and technology policy across the executive branch of the federal government, and cochairs the President's Council of Advisors on Science and Technology,⁷ a council of external advisors that provides advice to the President on matters related to science and technology policy.

The National Space Council

The National Space Council, in the Executive Office of the President, is a coordinating body for U.S. space policy. Chaired by the Vice President, it consists of the Secretaries of State, Defense, Commerce, Transportation, and Homeland Security; the Administrator of NASA; and other senior officials. The council was first established in 1988 through P.L. 100-685.⁸ The council ceased operations in 1993, and was reestablished by the Trump Administration in June 2017.⁹

National Science Foundation

The National Science Foundation (NSF) supports basic research and education in the nonmedical sciences and engineering. The foundation was established as an independent federal agency "to promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense; and for other purposes."¹⁰ The NSF is a primary source of federal support for U.S. university research in the nonmedical sciences and engineering. It is also responsible for significant shares of the federal science, technology, engineering, and mathematics (STEM) education program portfolio and federal STEM student aid and support.

National Aeronautics and Space Administration

The National Aeronautics and Space Administration (NASA) was created to conduct civilian space and aeronautics activities.¹¹ It has four mission directorates. The Human Exploration and Operations Mission Directorate is responsible for human spaceflight activities, including the International Space Station and development efforts for future crewed spacecraft. The Science Mission Directorate manages robotic science missions, such as the Hubble Space Telescope, the Mars rover Curiosity, and satellites for Earth science research. The Space Technology Mission Directorate develops new technologies for use in future space missions, such as advanced propulsion and laser communications. The Aeronautics Research Mission Directorate conducts research and development on aircraft and aviation systems. In addition, NASA's Office of STEM Engagement (formerly the Office of Education) manages education programs for schoolchildren, college and university students, and the general public.

Related Agencies

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

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

The Trump Administration's FY2021 Budget Request

The Trump Administration's FY2021 budget request for CJS was $74.801 billion, which was $4.958 billion (-6.2%) less than the $79.759 billion regular appropriation for CJS for FY2020 (see Table 1). Congress also provided $3.185 billion in emergency supplemental funding for CJS accounts for FY2020 (see Table 2). The Administration's FY2021 request included the following:

• $8.318 billion for the Department of Commerce, which was $6.903 billion (-45.4%) less than the $15.221 billion provided for FY2020;
• $32.916 billion for the Department of Justice, which was $310 million (+1.0%) more than the $32.605 billion provided for FY2020;
• $32.994 billion for the science agencies, which was $2.080 billion (+6.7%) more than the $30.915 billion provided for FY2020; and
• $574 million for the related agencies, which was $445 million (-43.7%) less than the $1.019 billion provided for FY2020.

The decrease in funding for the Department of Commerce was largely the result of a proposed $5.886 billion (-77.9%) decrease in funding for the Census Bureau. For the past several fiscal years, Congress has increased funding for the Census Bureau to help build capacity for conducting the decennial 2020 Census. In keeping with past precedent, funding for the Census Bureau peaks in the year in which the decennial census is conducted and it decreases sharply in the following year (see "Historical Funding for CJS" for a discussion of this trend). However, the proposed reduction in funding for the Department of Commerce was not only the result of reduced funding for the Census Bureau. The Administration also proposed shuttering the EDA (though the Administration requested some funding to help provide for an orderly closeout of the EDA's operations) and eliminating NIST's Manufacturing Extension Partnership (MEP) and NOAA's Pacific Coastal Salmon Recovery Fund. In addition, the Administration proposed reducing funding for several other Department of Commerce accounts, including the following:

• the International Trade Administration (-$36 million, -7.0%);
• NIST's Scientific and Technical Research and Services account (-$102 million, -13.5%);
• NIST's Industrial Technology Services account (-$137 million, -84.4%);
• NOAA's Operations, Research, and Facilities account (-$599 million, -15.9%); and
• NOAA's Procurement, Acquisition, and Facilities account (-$64 million, -4.2%).

The Administration also proposed a $32 million (-75.5%) reduction for the Minority Business Development Administration. It proposed changing the agency's focus to being a policy office that concentrates on advocating for the minority business community as a whole rather than supporting individual minority business enterprises.

The Administration's FY2021 budget included a proposal to establish a Federal Capital Revolving Fund, which would have been administered by the General Services Administration (GSA).¹² The Administration proposed to transfer $294 million from the proposed fund to NIST's Construction of Research Facilities account for renovating NIST's Building 1 in Boulder, CO, which would have been repaid by NIST from future appropriations at $20 million per year for 15 years.

While the Administration proposed increasing funding for most DOJ offices and agencies, the budget request would have reduced funding for the FBI (-$152 million, -1.5%) and BOP (-$67 million, -0.9%), though these reductions were the result of proposals for reducing funding for construction-related accounts. The Administration also proposed reducing funding for two grant-related DOJ accounts, State and Local Law Enforcement Assistance (-$381 million, -20.1%) and Juvenile Justice Programs (-$93 million, -28.9%). The Administration also proposed to eliminate the COPS program as a separate account in DOJ and requested funding for COPS-related programs under the State and Local Law Enforcement Assistance account. The Administration proposed eliminating the Community Relations Service and moving its functions to DOJ's Civil Rights Division.

The Administration's FY2021 budget request would have added two new accounts to DOJ. First, the Administration proposed creating a new account under the DEA to fund the High Intensity Drug Trafficking Areas (HIDTA). Currently, HIDTA funding is administered by the Office of National Drug Control Policy, which is a component of the Executive Office of the President. In addition, the Administration proposed adding a Construction account for ATF. The Administration requested this funding so the ATF can consolidate its laboratory facilities in Walnut Creek, CA and Atlanta, GA.¹³

The annual CJS appropriations act traditionally includes an obligation cap of funds expended from the Crime Victims Fund (CVF).¹⁴ The Administration's FY2021 budget proposed a new $2.300 billion annual permanent obligation cap for crime victims programs. Within this amount, $499 million would have been for the OVW for programs authorized under the Violence Against Women Act, $10 million would have been for oversight of Office for Victims of Crime (OVC) programs by the Office of the Inspector General, $12 million would have been for developing innovative crime victims services initiatives, and a set-aside of up to $115 million would have been for tribal victims assistance grants. From the remaining amount, OVC would have provided formula and discretionary grants to states, local units of government, individuals, and other entities. Under the Administration's proposal, the amount of the mandatory appropriation would decrease if the balance on the CVF falls below $5.000 billion in future fiscal years.

Also, the Administration's budget included a proposal to transfer primary jurisdiction over federal tobacco and alcohol anti-smuggling laws from the ATF to the Department of the Treasury's Tax and Trade Bureau (TTB).

The Administration's budget request included increased funding for NASA overall, but proposed reduced funding for the Science account (-$832 million, -11.7%) and eliminating the Office of STEM Engagement (formerly the Office of Education). The Administration also proposed renaming three of NASA's accounts: the Space Technology account would have been changed to the Exploration Technology account, the Exploration account would have been changed to the Deep Space Exploration Systems account, and the Space Operations account would have been changed to the Low Earth Orbit and Spaceflight Operations account.

The FY2021 budget request included reduced funding for NSF (-$537 million, -6.5%), which includes proposed reductions for the Research and Related Activities (-$524 million, -7.8%), Major Research Equipment and Facilities Construction (-$13 million, -5.5%), and Education and Human Resources (-$9 million, -1.0%) accounts. The proposed reductions were partially offset by proposed increases for the Agency Operations and Award Management (+$9 million, +2.6%) and Office of the Inspector General (+$1 million, +8.2%) accounts.

The Administration requested reduced funding for many of the related agencies, which included a proposal to close the LSC, though it requested some funding to help provide for an orderly closeout of the LSC's operations.

House-Passed Bill (H.R. 7617, 116^th Congress)

The House Committee on Appropriations reported its FY2021 CJS appropriations bill (H.R. 7667) on July 14, 2020. On July 29, 2020, the House agreed to H.Res. 1067, which combined the committee-reported CJS bill with five other committee-reported appropriations bills (Defense (H.R. 7617), Energy & Water (H.R. 7613), Financial Services (H.R. 7668), Labor-Health and Human Services-Education (H.R. 7614), and Transportation-Housing and Urban Development (H.R. 7616)) into a minibus appropriations bill (H.R. 7617). The House passed the minibus bill on July 31, 2020.

The House-passed bill would have provided $75.380 billion for CJS, which was $4.379 billion (-5.5%) less than the regular FY2020 appropriation, and $579 million (+0.8%) more than the Administration's request. The House-passed bill included the following:

• $9.542 billion for the Commerce Department, which was $5.678 billion (-37.3%) less than the FY2020 regular appropriation, and $1.224 billion (+14.7%) more than the Administration's request;
• $33.580 billion for the Department of Justice, which was $975 million (+3.0%) more than the FY2020 regular appropriation and $664 million (+2.0%) more than the Administration's request;
• $31.186 billion for the science agencies, which was $271 million (+0.9%) more than the FY2020 regular appropriation, and $1.808 billion (-5.5%) less than the Administration's request; and
• $1.072 billion for the related agencies, which was $54 million (+5.3%) more than the FY2020 regular appropriation and $498 million (+86.9%) more than the Administration's request.

The proposed decrease in overall CJS funding relative to the FY2020 regular appropriation was the result of decreased funding for the Commerce Department, which reflected reduced funding for the Census Bureau. In the past, appropriations for the Census Bureau have decreased in the fiscal years following the completion of the decennial Census (see the "Historical Funding for CJS" section for a discussion of this trend). The House-passed bill would have provided $1.681 billion for the Census Bureau, which was $5.877 billion (-77.8%) less than the FY2020 regular appropriation. The House recommended increased funding relative to the FY2020 regular appropriation for most accounts, with the exception of the Census Bureau, NIST's Construction of Research Facilities account (-$33 million, -28.0%) and NOAA's Procurement, Acquisition, and Construction account (-$7 million, -0.4%). In addition, the House-passed bill would have funded all of the Commerce Department's accounts at a level above the Administration's request, with the exception of NTIA (-$27 million, -37.0%) and Departmental Management (-$50 million, -29.0%). The House also declined to adopt the Administration's proposals to eliminate the EDA, NIST's MEP, and NOAA's Pacific Coastal Salmon Recovery Fund; change the focus of the MBDA; or transfer funds from the Federal Capital Revolving Fund to NIST's Construction of Research Facilities account.

The House recommended funding for nearly all DOJ accounts that was greater than the FY2020 regular appropriation, with the exception of the General Administration, Salaries and Expenses (-$18 million, -9.8%); FBI's Construction account (-$433 million, -89.3%); and BOP's Building and Facilities account (-$198 million, -64.3%). The proposed reduction to the FBI's Construction account would have resulted in an overall funding decrease for the FBI relative the FY2020 regular appropriation, though the committee-reported bill included an increase for the FBI's Salaries and Expenses account (+$235 million, +2.5%). While the House-passed bill would have funded many of DOJ's accounts at a level above the FY2020 regular appropriation, the bill would have funded several of DOJ's accounts at a level below the Administration's request, including the following:

• Executive Office of Immigration Review (-$149 million, -16.9%);
• USMS, Salaries and Expenses (-$124 million, -7.7%);
• USMS, Federal Prisoner Detention (-$186 million, -9.1%);
• DEA, Salaries and Expenses (-$67 million, -2.8%); and
• ATF, Salaries and Expenses (-$88 million, -5.3%).

The House did not adopt the Administration's proposals to eliminate the Community Relations Service and the COPS account; move HIDTA to the DEA; establish a permanent obligation cap for the CVF; or transfer some of the ATF's responsibilities to TTB. However, the House-passed bill included funding for a construction account for the ATF, though the bill would not have funded the account at the level requested by the Administration.

Overall funding for NASA in the House-passed bill was slightly greater (+$1 million) than the FY2020 regular appropriation. The House-passed bill would have increased funding for the Aeronautics (+$35 million, +4.5%); STEM Engagement (+$7 million, +5.8%); Safety, Security, and Mission Services (+$40 million, +1.4%); Construction and Environmental Compliance and Restoration (+$46 million, +12.2%); and the Office of the Inspector General (+$3 million, +6.0%) accounts and reduced funding for the Science (-$41 million, -0.6%) and Space Operations (-$88 million, -2.1%) accounts. The House-passed bill would have funded NASA at a level that was $2.616 billion (-10.4%) below the Administration's request. Under the House-passed bill, most of NASA's accounts would have been funded at a level below the Administration's request, with the exception of the Aeronautics and Office of the Inspector General accounts, which would have been funded at the requested level, and the Science account, which would have received $791 million (+12.5%) more than the Administration's request. The House did not adopt the Administration's proposal to eliminate the STEM Engagement account.

The House-passed bill would have funded NSF at a level greater than the FY2020 regular appropriation (+$270 million, +3.3%) and the Administration's request (+$807 million, +10.4%). All of the NSF's accounts would have been funded at a level equal to or greater than the FY2020 regular appropriation or the Administration's request.

The House approved funding for the related agencies that was generally greater than the FY2020 regular appropriation and the Administration's request. The House did not adopt the Administration's proposal to eliminate the LSC.

Senate Committee Draft Bill

On November 10, 2020, the chair of the Senate Committee on Appropriations, Senator Richard Shelby, released drafts of all 12 annual appropriations bills along with draft accompanying explanatory statements.¹⁵ The release of the draft bills was intended to further negotiations on annual appropriations between the House and the Senate.¹⁶ Hereinafter, the draft of the CJS bill and explanatory statement are referred to as "the Senate Appropriations Committee majority draft bill" and "Senate Appropriations Committee majority draft explanatory statement." The Senate Appropriations Committee majority draft bill would have provided $76.312 billion for CJS, which was $3.447 billion (-4.3%) less than the FY2020 regular appropriation, and $1.511 billion (+2.0%) more than the Administration's request. The draft bill includes the following:

• $9.591 billion for the Commerce Department, which was $5.629 billion (-37.0%) less than the FY2020 regular appropriation, and $1.274 billion (+15.3%) more than the Administration's request;
• $33.705 billion for the Department of Justice, which was $1.100 billion (+3.4%) more than the FY2020 regular appropriation, and $798 million (+2.4%) more than the Administration's request;
• $31.981 billion for the science agencies, which was $1.066 billion (+3.4%) more than the FY2020 regular appropriation, and $1.014 billion (-3.1%) less than the Administration's request; and
• $1.036 billion for the related agencies, which was $17 million (+1.7%) more than the FY2020 regular appropriation, and $462 million (+80.5%) more than the Administration's request.

As is the case with the House-passed bill, the proposed reduction in overall funding for CJS in the Senate Appropriations Committee majority draft bill was the result of the Commerce Department receiving a proposed decrease in funding, which was almost entirely attributable to a proposed decrease in funding for the Census Bureau. The draft bill would have provided $1.800 billion for the Census Bureau, which is $5.759 billion (-76.2%) less than the FY2020 regular appropriation. Other than the proposed decrease to the Census Bureau, the only other Commerce Department account the committee proposed to fund at a level below the FY2020 regular appropriation was NIST's Construction of Research Facilities account (-$20 million, -16.9%). The committee recommended funding for most of the Commerce Department's accounts at a level above the Administration's request, with the exception of BIS (-$5 million, -3.6%) and NTIA (-$27 million, -36.9%). The Senate Appropriations Committee majority draft bill also did not include funding for fisheries disaster assistance under NOAA. Like the House, the committee declined to adopt the Administration's proposals to eliminate the EDA, NIST's MEP, and NOAA's Pacific Coastal Salmon Recovery Fund; change the focus of the MBDA; or transfer funds from the Federal Capital Revolving Fund to NIST's Construction of Research Facilities account.

The Senate Appropriations Committee majority draft bill would have funded nearly all of DOJ's accounts at a level greater than the FY2020 regular appropriation, with the exception of BOP's Buildings and Facilities (-$181 million, -58.8%) and the State and Local Law Enforcement Assistance (-$81 million, -4.3%) accounts. The draft bill generally recommended funding for DOJ's accounts at a level above the Administration's request, though there were some exceptions:

• Salaries and expenses for DOJ's general administration (-$5 million, -4.1%);
• Executive Office of Immigration Review (-$149 million, -16.9%);
• General Legal Activities (-$18 million, -1.9%);
• United States Attorneys (-$41 million, -1.7%);
• USMS, Salaries and Expenses (-$118 million, -7.3%);
• Interagency Law Enforcement (-$35 million, -5.9%);
• DEA, Salaries and Expenses (-$8 million, -0.3%);
• ATF, Salaries and Expenses (-$189 million, -11.5%); and
• Research, Evaluation, and Statistics (-$6 million, -6.4%).

The committee's draft bill did not include the Administration's proposals to eliminate the Community Relations Service and the COPS account, move HIDTA to the DEA, establish a permanent obligation cap for the CVF, transfer some of the ATF's responsibilities to TTB, or provide funding for the ATF's construction account.

The Senate Appropriations Committee majority draft bill would have provided $23.495 billion for NASA, which is $866 million (+3.8%) more than the FY2020 regular appropriation, and $1.750 billion (-6.9%) less than the Administration's request. The draft bill would have funded all of NASA accounts, with the exception of Space Operations (-$152 million, -3.7%), at amounts greater than or equal to the FY2020 regular appropriation. The committee proposed lower levels of funding, relative to the Administration's request, to five of NASA's accounts:

• Space Technology (-$372 million, -23.6%);
• Exploration (-$2.055 billion, -23.5%);
• Space Operations (-$199 million, -4.8%);
• Safety, Security, and Mission Services (-$73 million, -2.4%); and
• Construction and Environmental Compliance and Restoration (-$149 million, -27.6%).

The committee declined to adopt the Administration's proposal to eliminate the STEM Engagement account.

The Senate Appropriations Committee majority draft bill would have provided $8.478 billion for NSF, which was $200 million (+2.4%) more than the FY2020 regular appropriation and $737 million (+9.5%) more than the Administration's request. The committee-recommended funding for each of NSF's accounts was greater than the FY2020 regular appropriation, with the exception of the Major Research Facilities and Construction account (-$3 million, -1.4%). Proposed funding for the NSF's accounts was also greater than the Administration's request, with the exception of the Agency Operations and Award Management account (-$1 million, -0.2%).

The Senate Committee on Appropriations recommended funding for all of the related agencies that was greater than the FY2020 regular appropriation. Committee-recommended funding for the Office of the U.S. Trade Representative (-$4 million, -6.7%) and the State Justice Institute (-$1 million, -12.5%) was less than the Administration's request. The committee declined to adopt the Administration's proposal to eliminate the LSC.

FY2021 Enacted Funding

On December 27, 2020, former-President Trump signed into law the Consolidated Appropriations Act, 2021 (P.L. 116-260), which contains the FY2021 CJS Appropriations Act (Division B). Congress and the President provided $75.535 billion in regular appropriations for the agencies and bureaus funded through the annual CJS appropriations act. P.L. 116-260 also includes $929 million in supplemental funding to help NOAA, MBDA, USMS, FBI, and BOP respond to the COVID-19 pandemic (see Table 3). The FY2021 appropriation for CJS is $4.224 billion (-5.3%) less than the FY2020 appropriation, and $734 million (+1.0%) more than the Administration's request. The FY2021 CJS appropriation includes the following:

• $8.914 billion for the Department of Commerce, which is $6.307 billion (-41.4%) less than the FY2020 appropriation, and $597 million (+7.2%) more than the Administration's request;
• $33.790 billion for DOJ, which is $1.185 billion (+3.6%) more than the FY2020 appropriation, and $874 million (+2.7%) more than the Administration's request;
• $31.766 billion for the science agencies, which is $851 million (+2.8%) more than the FY2020 appropriation, and $1.229 billion (-3.7%) less than the Administration's request; and
• $1.066 billion for the related agencies, which is $47 million (+4.6%) more than the FY2020 appropriation, and $492 million (+85.7%) more than the Administration's request.

Consistent with past precedent, the overall decrease in funding for CJS for FY2021 relative to FY2020 is the result of a decrease in funding for the Department of Commerce, which is largely the result of decreased funding for the Census Bureau after completing the decennial 2020 Census. Funding for the Census Bureau decreased by $6.452 billion (-85.4%) from FY2020 to FY2021. Funding for nearly every other Department of Commerce account increased for FY2021, with the exception of NIST's Construction of Research Facilities account (-$38 million, -32.2%). FY2021 funding for most Department of Commerce agencies is greater than the Administration's request, with the exception of the Census Bureau (-$565 million, -33.8%), NTIA (-$27 million, -37.0%), and BIS (-$5 million, -3.4%). The FY2021 CJS Appropriations Act does not include the Administration's proposals to eliminate the EDA, NIST's MEP, and NOAA's Pacific Coastal Salmon Recovery Fund; change the focus of the MBDA; or transfer funds from the Federal Capital Revolving Fund to NIST's Construction of Research Facilities account.

Funding for all of DOJ's accounts, with the exception of BOP's Buildings and Facilities account (-$181 million, -58.8%), was the same or increased for FY2021. Even though overall funding for DOJ is greater than the Administration's request, funding for several DOJ accounts is below the amount requested:

• General Administration Salaries and Expenses (-$3 million, -2.3%);
• Executive Office of Immigration Review (-$149 million, -16.9%);
• General Legal Activities (-$11 million, -1.2%);
• U.S. Attorneys (-$36 million, -1.5%);
• USMS, Salaries and Expenses (-$112 million, -7.0%);
• Interagency Law Enforcement (-$35 million, -5.9%);
• DEA, Salaries and Expenses (-$63 million, -2.6%);
• ATF, Salaries and Expenses (-$154 million, -9.4%); and
• Research, Evaluation, and Statistics (-$5 million, -5.2%).

The FY2021 CJS Appropriations Act does not include the Administration's proposals to eliminate the Community Relations Service and the COPS account, move HIDTA to the DEA, establish a permanent obligation cap for the CVF, transfer some of the ATF's responsibilities to TTB, or provide funding for the ATF's construction account. The act includes $50 million for a new DEA Construction account which is to be used by the DEA to "construct a new laboratory, including other required facilities like warehouse space, to meet the growing needs for drug testing, including fentanyl, in the New England region."

Overall funding for NASA increased $642 million (+2.8%) for FY2021 and nearly all of NASA's accounts received increased appropriations. The one exception was NASA's Space Operations account, which for FY2021 was funded at $152 million (-3.7%) less than the FY2020 enacted appropriation. NASA's FY2021 appropriation was below the level requested by the Administration (-$1.975 billion, -7.8%). The reduction in funding relative to the Administration's request was spread across most of NASA's accounts:

• Space Technology (-$478 million, -30.3%);
• Exploration (-$2.206 billion, -25.2%);
• Space Operations (-$199 million, -4.8%);
• Safety, Security, and Mission Services (-$46 million, -2.4%); and
• Construction and Environmental Compliance and Restoration (-$149 million, -27.6%).

However, the CJS Appropriations Act includes $127 million for the STEM Engagement account, which the Administration had proposed eliminating.

Funding for NSF increased $208 million (+2.5%) for FY2021. All of NSF's accounts were funded at a level greater than the FY2020 enacted level, with the exception of Major Research Equipment and Facilities Construction, which was funded at $2 million (-0.9%) below the FY2020 enacted level; and the National Science Board, which was funded at the FY2020 enacted level for FY2021. NSF's FY2021 appropriation is $745 million (+9.6%) greater than the Administration's request, and all of NSF's accounts were funded at a level equal to or above the Administration's request.

Funding for the each of the related agencies for FY2021 is at or above the FY2020 enacted level. FY2021 appropriations for the related agencies are generally at or above the Administration's request, with the exception of the Salaries and Expenses of the U.S. Trade Representative (-$5 million, -8.3%) and the State Justice Institute (-$1 million, -12.5%). The FY2021 CJS Appropriations Act does not include the Administration's proposal to eliminate LSC.

Table 1 outlines the FY2020 funding, the Administration's FY2021 request, the House-passed bill, the Senate Appropriations Committee majority draft bill, and the FY2021 enacted amounts for the Department of Commerce, the Department of Justice, the science agencies, and the related agencies.

FY2020 Supplemental Funding for CJS

For FY2020, Congress provided a total of $3.185 billion in emergency supplemental funding. The majority of this funding ($3.079 billion) was included in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act, P.L. 116-136). Congress also included $106 million in the United States-Mexico-Canada Agreement Implementation Act (USMCA, P.L. 116-113) for NOAA and the Office of the U.S. Trade Representative. Table 2 provides a breakdown of the CJS-related funding in each act.

FY2021 Supplemental Funding for CJS

P.L. 116-260 includes $929 million in supplemental funding to help CJS agencies respond to the COVID-19 pandemic. Supplemental funding for the USMS, FBI, and BOP was included as general provisions (§§541-543) in the FY2021 CJS Appropriations Act. Supplemental funding for NOAA was included in Division M (Coronavirus Response and Relief Supplemental Appropriations Act, 2021) and supplemental funding for MBDA was included in Division N (Additional Coronavirus Response and Relief).

Historical Funding for CJS

Figure 1 shows the total (including supplementals) CJS funding for FY2010-FY2020, in both nominal and inflation-adjusted dollars (more-detailed historical appropriations data can be found in Table 4). The data show that in FY2020, nominal funding for CJS was at its highest level since FY2010, though in inflation-adjusted terms, funding for FY2020 was about equal to what it was in FY2010.

There is a cyclical nature to total nominal funding for CJS because of appropriations for the Census Bureau to administer the decennial censuses. Overall funding for CJS traditionally starts to increase a few years before the decennial census, peaks in the fiscal year in which the census is conducted, and then declines immediately thereafter. Figure 1 shows how total funding for CJS decreased after the 2010 Census and started to ramp up again as the Census Bureau prepared to conduct the 2020 Census.

Increased funding for CJS also coincides with increases to the discretionary budget caps under the Budget Control Act of 2011 (BCA, P.L. 112-25).¹⁷ The BCA put into effect statutory limits on discretionary spending for FY2012-FY2021. Under the act, discretionary spending limits were scheduled to be adjusted downward each fiscal year until FY2021. However, legislation was enacted that increased discretionary spending caps for FY2014 to FY2021.¹⁸ A sequestration of discretionary funding, ordered pursuant to the BCA, cut $2.973 billion out of the total amount Congress and the President provided for CJS for FY2013. Since then, funding for CJS has increased as more discretionary funding has been allowed under the BCA.

Figure 1. Nominal and Inflation-Adjusted Funding for CJS; FY2010-FY2020 (Appropriations in billions of dollars)

Sources: FY2010 enacted amounts were taken from S.Rept. 111-229, P.L. 111-212, P.L. 111-224, and P.L. 111-230; FY2011 enacted amounts were taken from H.Rept. 112-169; FY2012 enacted amounts were taken from H.Rept. 112-463; FY2013 post-sequestration amounts were provided by the Department of Commerce, the Department of Justice, the Office of Science and Technology Policy, the National Aeronautics and Space Administration, the National Science Foundation, and each of the respective related agencies and P.L. 113-2; FY2014 enacted amounts were taken from the joint explanatory statement to accompany P.L. 113-76, printed in the January 15, 2014, Congressional Record (pp. H507-H532); FY2015 enacted amounts were taken from the joint explanatory statement to accompany P.L. 113-235, printed in the December 11, 2014, Congressional Record (pp. H9342-H9363); FY2016 enacted amounts were taken from the joint explanatory statement to accompany P.L. 114-113, printed in the December 17, 2015, Congressional Record (pp. H9732-H9759); FY2017 enacted amounts were taken from the joint explanatory statement to accompany P.L. 115-31, printed in the May 3, 2017, Congressional Record (pp. H3365-H3390); FY2018 enacted amounts were taken from the joint explanatory statement to accompany P.L. 115-141, printed in the March 22, 2018, Congressional Record (pp. H2084-H2115) and P.L. 115-123; FY2019 enacted amounts were taken from H.Rept. 116-9; FY2020 enacted amounts were taken from the explanatory statement to accompany P.L. 116-93, published in the December 17, 2019 Congressional Record (pp. H10961-H10989) and the text of P.L. 116-113 and P.L. 116-136. Notes: Inflation-adjusted appropriations are presented in FY2020 dollars. Appropriations were adjusted using the Gross Domestic Product (Chained) Price Index presented in Table 10.1 of the Historical Tables in the President's FY2021 budget submission. The amounts do not include rescissions of unobligated balances or scorekeeping credits (e.g., the balance on the Crime Victims Fund). Amounts include all supplemental appropriations. The amounts include any rescissions of current-year budget authority and any supplemental appropriations.

Although decreased appropriations for the Department of Commerce (-47.4%) from FY2010 to FY2013 following the 2010 Census mostly explain the overall decrease in CJS appropriations during this time, cuts in funding for DOJ (-8.7%) and NASA (-9.8%) also contributed (see Table 4). Funding for NSF held relatively steady from FY2010 to FY2013.

Overall CJS funding has increased since FY2014, and this is partially explained by more funding for the Department of Commerce to help the Census Bureau prepare for the 2020 Census. While funding for the Department of Commerce decreased from FY2018 to FY2019, it was partly a function of the department receiving $1.000 billion in emergency supplemental funding for FY2018.¹⁹ If supplemental funding is excluded, appropriations for the Department of Commerce increased 2.5% from FY2018 to FY2019.

While increased funding for the Department of Commerce partially explains the overall increase in funding for CJS since FY2014, there have also been steady increases in funding for DOJ (+21.2%), NASA (+28.6%), and NSF (+16.5%) during that same time, as higher discretionary spending caps have been used to provide additional funding to these agencies.