This report describes actions taken to provide FY2023 appropriations for Commerce, Justice, Science, and Related Agencies (CJS) accounts. This report also provides information on FY2022 supplemental appropriations and advanced appropriations for CJS. (Enacted funding for CJS for the past 10 fiscal years can be found in Table A-1.)

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, 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 and competitiveness 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 co-chairs 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 five mission directorates. The Space Operations Mission Directorate and the Exploration Systems Development Mission Directorate are 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.

FY2023 Budget Request

The Administration requested $88.810 billion for CJS for FY2023, which is $9.696 billion (+12.3%) more than the FY2022 regular appropriation of $79.114 billion (see Table 1). There was also $51.264 billion in supplemental appropriations for CJS for FY2022 (see Table 2). The Administration's budget request for CJS included the following:

• $11.693 billion for the Department of Commerce, which is $1.790 billion (+18.1%) more than the FY2022 regular appropriation;
• $39.268 billion for DOJ, which is $4.061 billion (+11.5%) more than the FY2022 regular appropriation;
• $36.476 billion for the science agencies, which is $3.588 billion (+10.9%) more than the FY2022 regular appropriation; and
• $1.374 billion for the related agencies, which is $258 million (+23.1%) more than the FY2022 regular appropriation.

The Administration's FY2023 budget proposed increasing funding for nearly every CJS account relative to the FY2022 regular appropriation. Some notable proposed increases included the following:

• a $1.933 billion (+8.0%) increase for NASA, which included a $687 million (+10.1%) increase for NASA's Exploration account, a $338 million (+30.7%) increase for the Space Technology account, and a $188 million (+6.2%) increase for the Safety, Security, and Mission Services account;
• a $1.654 billion (+18.7%) increase for NSF, which included a $1.267 billion (+17.7%) increase for NSF's Research and Related Activities account and a $371 million (+36.9%) increase for the Education and Human Resources account;
• a $986 million (+16.8%) increase for NOAA, which included a $660 million (+39.5%) increase for NOAA's Procurement, Acquisitions, and Construction account and a $327 million (+7.9%) increase for the Operations, Research, and Facilities account;
• a $595 million (+78.7%) increase for DOJ's Executive Office for Immigration Review;
• a $400 million (+111.1%) increase for DOJ's Juvenile Justice Programs account;
• a $352 million (+14.6%) increase for the U.S. Attorneys;
• a $305 million (+13.8%) increase for DOJ's State and Local Law Enforcement Assistance account;
• a $238 million (+6.4%) increase for USMS, which included a $227 million (+14.4%) increase for USMS's Salaries and Expenses account;
• a $237 million (+19.3%) increase for NIST, which included a $198 million (+113.4%) increase for NIST's Industrial Technology Services account;
• a $211 million (+43.1%) increase for LSC;
• a $201 million (+13.2%) increase for ATF;
• a $139 million (+27.2%) increase for DOJ's COPS account; and
• a $55 million (+100.0%) increase for MBDA.

There were a few instances where the Administration proposed reductions for some CJS accounts, and the proposed reductions were largely for accounts that fund capital investment. For example, the Administration's request for NIST's was $85 million (-41.5%) less than FY2022 enacted funding. In the Administration's request for DOJ, proposed funding for the FBI's Construction account was $570 million (-90.2%) less than the FY2022 appropriation, and requested funding for BOP's Buildings and Facilities account was $56 million (-23.7%) less than the FY2022 appropriation.

The Administration's FY2023 budget request proposed consolidating funding for the Census Bureau into one account. Currently, the Census Bureau is funded through two accounts: Current Surveys and Programs and Periodic Censuses and Programs. According to the Administration, the new account structure would have supported the bureau's "multi-year process of transforming its organization and operations from a 20^th century survey-centric model to a 21^st century data-centric model that blends survey data with administrative and alternative digital data sources."¹²

The Administration's budget request did not include a proposal to offset some of the appropriation for OVW with a transfer from the Crime Victims Fund (CVF), something that has been done over the past several fiscal years (see Table A-1). The Administration proposed to increase funding for OVW from $575 million in FY2022 (which was all offset by a CVF transfer) to $1.000 billion for FY2023.

The House Committee-Reported Bill

The House Committee on Appropriations reported its FY2023 CJS appropriations bill (H.R. 8256, 117^th Congress) on June 28, 2022. The bill included $86.504 billion, which was $7.390 billion (+9.3%) more than the FY2022 regular appropriation and $2.306 billion (-2.6%) less than the Administration's request. The committee-reported CJS bill included the following:

• $11.551 billion for the Department of Commerce, which is $1.648 billion (+16.6%) more than the FY2022 regular appropriation and $142 million (-1.2%) less than the Administration's request;
• $38.503 billion for DOJ, which is $3.296 billion (+9.4%) more than the FY2022 regular appropriation and $765 million (-1.9%) less than the Administration's request;
• $35.087 billion for the science agencies, which is $2.199 billion (+6.7%) more than the FY2022 regular appropriation and $1.388 billion (-3.8%) less than the Administration's request; and
• $1.364 billion for the related agencies, which is $247 million (+22.1%) more than the FY2022 regular appropriation and $10 million (-0.8%) less than the Administration's request.

The committee-reported bill would have funded nearly every CJS account at a level equal to or greater than the FY2022 regular appropriation. In the two cases where the committee recommended FY2023 funding below the FY2022 regular appropriation (the FBI's Construction account and NSF's Major Research Equipment and Facilities Construction account), the committee adopted the Administration's proposed funding level for FY2023. The committee-reported bill would have also lowered the obligation cap on the Crime Victims Fund by $550 million (-21.2%) relative to the FY2022 enacted level.

The committee generally recommended funding for CJS accounts that was equal to or less than the Administration's request for FY2023. Some notable exceptions included the following:

• a $232 million (+9.2%) increase for DOJ's State and Local Law Enforcement Assistance account;
• a $171 million (+142.1%) increase for NIST's Construction of Research Facilities account;
• a $124 million (+2.8%) increase for NOAA's Operations, Research, and Facilities account;
• a $121 million (+67.3%) increase for BOP's Buildings and Facilities account;
• a $120 million (+2.9%) increase for EDA's Economic Development Assistance Programs account; and
• a $16 million (+14.6%) increase for the International Trade Commission.

The committee declined to adopt the Administration's proposal to change the account structure for the Census Bureau. The committee also declined to offset a portion of the appropriation for the Office on Violence Against Women with a transfer from the CVF.

The Senate Introduced Bill

On July 28, 2022, former Chairman Leahy released a chairman's mark for the FY2023 CJS appropriations bill. The chairman's mark was introduced in the Senate as S. 4664 (117^th Congress) on the same day. The bill would have provided $87.511 billion for CJS agencies, an amount that is $8.397 billion (+10.6%) more than the FY2022 regular appropriation and $1.299 billion (-1.5%) less than the Administration's request. As introduced, S. 4664 included

• $11.414 billion for the Department of Commerce, which is $1.511 billion (+15.3%) more than the FY2022 regular appropriation and $279 million (-2.4%) less than the Administration's request;
• $38.552 billion for DOJ, which is $3.345 billion (+9.5%) more than the FY2022 regular appropriation and $715 million (-1.8%) less than the Administration's request;
• $36.321 billion for the science agencies, which is $3.434 billion (+10.4%) more than the FY2022 regular appropriation and $154 million (-0.4%) less than the Administration's request; and
• $1.224 billion for the related agencies, which is $108 million (+9.6%) more than the FY2022 regular appropriation and $150 million (-10.9%) less than the Administration's request.

The bill would have funded nearly every account in CJS at a level equal to or greater than the FY2022 regular appropriation. Two exceptions were a proposed decrease in funding for BOP's Buildings and Facilities account (-$56 million, -23.7%) and NSF's Major Research Equipment and Facilities Construction account (-$62 million, -24.8%). The Senate bill would have also lowered the obligation cap on the CVF relative to the FY2022 enacted cap (-$850 million, -32.7%).

The bill would have funded most CJS accounts at a level equal to or less than the Administration's request. Some exceptions included the following:

• a $600 million (a nearly tenfold increase) for the FBI's Construction account;
• a $331 million (+275.3%) increase for NIST's Construction of Research Facilities account;
• a $106 million (+2.4%) increase for NOAA's Operations, Research, and Facilities account;
• a $122 million (+79.7%) increase for DOJ's Justice Information Sharing Technology account;
• a $94 million (+1.2%) increase for BOP's Salaries and Expenses account;
• a $69 million (+0.9%) increase for NASA's Exploration account;
• a $57 million (+0.7%) increase for NASA's Science account;
• a $42 million (+1.7%) increase for DEA;
• a $27 million (+0.6%) increase for NASA's Space Operations account;
• a $20 million (+0.9%) increase for USMS's Federal Prisoner Detention account;
• a $20 million (+0.6%) increase for NASA's Safety, Security, and Mission Services account;
• a $16 million (+14.6%) increase for the U.S. International Trade Commission; and
• a $4 million (+2.9%) increase for DOJ's Office of the Inspector General.

The bill did not include the Administration's proposal to change the account structure for the Census Bureau. The bill also did not offset a portion of the appropriation for the Office on Violence Against Women with a transfer from the CVF.

FY2023 Enacted Funding

The Consolidated Appropriations Act, 2023 (P.L. 117-328) provides $84.698 billion for CJS for FY2023, which is $5.584 billion (+7.1%) more than the FY2022 regular appropriation of $79.114 billion and $4.112 billion (-4.6%) less than the Administration's FY2023 request (see Table 1). There is also $5.224 billion in supplemental appropriations for CJS for FY2023 (see Table 3). FY2023 regular funding for CJS includes the following:

• $11.057 billion for the Department of Commerce, which is $1.154 billion (+11.7%) more than the FY2022 regular appropriation and $636 million (-5.4%) less than the Administration's request;
• $38.536 billion for DOJ, which is $3.329 billion (+9.5%) more than the FY2022 regular appropriation and $732 million (-1.9%) less than the Administration's request;
• $33.865 billion for the science agencies, which is $978 million (+3.0%) more than the FY2022 regular appropriation and $2.610 billion (-7.2%) less than the Administration's request; and
• $1.240 billion for the related agencies, which is $123 million (+11.1%) more than the FY2022 regular appropriation and $134 million (-9.8%) less than the Administration's request.

The Consolidated Appropriations Act, 2023 funds nearly all of CJS's accounts at a level equal to or greater than the FY2022 regular appropriation. The exceptions include the following:

• a $363 million (-88.5%) decrease for NASA's Construction and Environmental Compliance and Restoration account;
• a $138 million (-1.9%) decrease for NSF's Research and Related Activities account;
• a $127 million (-54.0%) decrease for BOP's Buildings and Facilities account;
• a $62 million (-24.8%) decrease for NSF's Major Research Equipment and Facilities Construction account; and
• a $19 million (-1.1%) decrease for NOAA's Procurement, Acquisition, and Construction account.

In addition to these reductions, the act does not provide any funding for the Commission on the State of the U.S. Olympic and Paralympic Committee (funded at $2 million for FY2022), and it sets a lower obligation cap on the CVF for FY2023 ($1.900 billion for FY2023 compared to $2.600 billion for FY2022).

In many instances, FY2023 regular funding for CJS accounts is below the level requested by the Administration. However, the Consolidated Appropriations Act, 2023 does provide higher levels of funding for some CJS accounts relative to the Administration's request:

• $590 million more for the FBI's Construction account, which is nearly 10 times higher than the Administration's request;
• $387 million (+4.8%) more than the Administration's request for BOP's Salaries and Expenses account;
• $342 million (+284.3%) more than the Administration's request for NIST's Construction of Research Facilities account;
• $17 million (+0.4%) more than the Administration's request for NOAA's Operations, Research, and Facilities account;
• $16 million (+14.6%) more than the Administration's request for the International Trade Commission;
• $11 million (+1.8%) more than the Administration's request for DOJ's COPS account;
• $3 million (+2.3%) more than the Administration's request for DOJ's Office of the Inspector General account; and
• $1 million (+3.6%) more than the Administration's request for the Commission on Civil Rights.

The act does not include the Administration's proposal to change the account structure for the Census Bureau. The act does not offset a portion of the appropriation for the Office on Violence Against Women with a transfer from the CVF. In addition, the act sets the obligation cap on the CVF ($1.900 billion) lower than the FY2022 enacted level ($2.600 billion), but higher than the Administration's request ($1.750 billion).

FY2022 Supplemental Funding for CJS

As shown in Table 2, there were several supplemental appropriations acts that provided additional funding for CJS agencies for FY2022.

• The Disaster Relief Supplemental Appropriations Act, 2022 (Division B, P.L. 117-43) provided $753 million in disaster related supplemental appropriations funding for CJS agencies to help them cover costs related to hurricanes, wildfires, or other natural disasters. Supplemental funding for NIST was for "expenses to carry out investigations of building failures pursuant to the National Construction Safety Team Act of 2002 [P.L. 107-231]."
• The Afghanistan Supplemental Appropriations Act, 2022 (Division C, P.L. 117-43) provided $50 million to the FBI for "investigative activities associated with Afghan resettlement operations."
• CJS agencies also received $159 million for efforts to respond to the war in Ukraine ($82 million in Division N of P.L. 117-103 and $67 million in P.L. 117-128).
• Division J of the Infrastructure Investment and Jobs Act (IIJA, P.L. 117-58) provided $46.772 billion in infrastructure-related funding for NTIA and NOAA for FY2022.
• Division B of the Bipartisan Safer Communities Act (BSCA, P.L. 117-159) provided $400 million for DOJ, of which $100 million was to help the FBI increase the capacity of the National Instant Criminal Background Check System (NICS)¹³ to handle additional background checks for firearms transfers and $300 million was for DOJ grant programs related to gun violence prevention and school safety.
• The Supreme Court Security Funding Act, 2022 (Division C of P.L. 117-167) provided $10 million to the U.S. Marshals Service to address threats to the Supreme Court.
• P.L. 117-169, commonly referred to as the Inflation Reduction Act of 2022, provided $3.310 billion for NOAA for conservation, restoration, and protection; construction; reviews; research and forecasting; computing capacity; aircraft acquisition; and other purposes.

FY2023 Supplemental Funding for CJS

Both the IIJA ($1.100 billion) and the BSCA ($300 million) provided supplemental appropriations for the Department of Commerce and the Department of Justice for FY2023. The Disaster Relief Supplemental Appropriations Act, 2023 (Division N of P.L. 117-328) provided a total of $3.809 billion in supplemental funding for CJS agencies. In addition, Section 121 of the Continuing Appropriations Act, 2023 (P.L. 117-180) provided supplemental funding for the FBI for investigative activities associated with Afghan resettlement operations.

Advanced Appropriations

As shown in Table 4, IIJA provided advanced appropriations for FY2024 to FY2026 for one NTIA program and two NOAA accounts.¹⁴ The Bipartisan Safer Communities Act also provided advanced appropriations for FY2023 to FY2026 for DOJ grant programs under the State and Local Law Enforcement Assistance and Community Oriented Policing Services accounts.

Appendix. Historical Funding for CJS