2578 ,

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Highlights:

The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016 provides FY2016 appropriations to the Department of Commerce, the Department of Justice (DOJ), science agencies, and several related agencies.

The bill funds agencies with a wide range of responsibilities for issues such as: addressing violent crime, drug trafficking, financial fraud, terrorism, and espionage and cybercrime; conducting the census; forecasting the weather; managing fisheries; exploring space; advancing science; providing legal services for the poor; enforcing employment discrimination laws; and overseeing patents, trademarks, and trade policy.

The bill increases overall FY2016 Commerce, Justice, Science and Related Agencies funding above FY2015 levels, including increases for DOJ and science programs and decreases for the Department of Commerce and Related Agencies.

Within the Department of Commerce budget, the bill includes:

  • increases for the Bureau of Industry and Security, the Minority Business Development Agency, and the Bureau of the Census; and
  • decreases for the National Telecommunications and Information Administration, the National Oceanic and Atmospheric Administration, and the National Institute of Standards and Technology.

Within the DOJ budget, the bill includes:

  • increases for: Legal Activities; the U.S. Marshals Service; the Federal Bureau of Investigation; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Federal Prison System; the Office on Violence Against Woman, and Community Oriented Policing Services (COPS); and
  • decreases for: Office of Justice Programs such as Research, Evaluation, and Statistics; State and Local Law Enforcement Assistance; and Juvenile Justice Programs.

The bill's increase in funding above FY2015 levels for the science agencies includes increases for both the National Aeronautics and Space Administration (NASA) and the National Science Foundation.

The bill decreases funding for the Legal Services Corporation and funds the other related agencies at the FY2015 level.

The bill includes provisions that restrict or prohibit the use of funds for:

  • the transfer of Guantanamo detainees or the construction of a new facility in the United States to house them;
  • the enforcement of certain restrictions and reporting requirements for firearms;
  • bilateral activities with China by NASA or the Office of Science and Technology Policy; and
  • facilitating, permitting, licensing, or promoting exports to the Cuban military or intelligence services or their families.

Full Summary:

Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016

Provides FY2016 appropriations for Department of Commerce, the Department of Justice (DOJ), science agencies, and several related agencies.

Department of Commerce Appropriations Act, 2016

TITLE I--DEPARTMENT OF COMMERCE

Provides appropriations to the Department of Commerce for:

  • the International Trade Administration,
  • the Bureau of Industry and Security,
  • the Economic Development Administration,
  • the Minority Business Development Agency,
  • Economics and Statistics Analysis,
  • the Bureau of the Census,
  • the National Telecommunication and Information Administration, and
  • the U.S. Patent and Trademark Office.

Limits the use of funds for information technology related to the 2020 census until an investment plan is provided to Congress and the Government Accountability Office.

Provides appropriations for the National Institute of Standards and Technology (NIST), including: Scientific and Technical Research and Services, Industrial Technology Services, and Construction of Research Facilities.

Provides appropriations for the National Oceanic and Atmospheric Administration (NOAA), including:

  • Operations, Research, and Facilities;
  • Procurement, Acquisition, and Construction;
  • Pacific Coastal Salmon Recovery;
  • the Fishermen's Contingency Fund; and
  • the Fisheries Finance Program Account.

Provides appropriations for Departmental Management, including Salaries and Expenses, Renovation and Modernization, and the Office of Inspector General.

(Sec. 101) Permits funds provided by this bill to be used for advanced payments (prior to the receipt of goods, services, or other assets) only if designated Commerce officials certify that the payments are in the public interest.

(Sec. 102) Permits funds provided by this bill to be used for hiring passenger motor vehicles, employment of temporary or intermittent experts and consultants, and the purchase of uniforms.

(Sec. 103) Permits the transfer of funds between Commerce accounts, subject to specified limitations and requirements. Requires Commerce to notify Congress prior to the acquisition or disposal of any capital asset not provided for in an Act providing appropriations to Commerce.

(Sec. 104) Extends requirements for NOAA to make and report to Congress on determinations regarding the identification and management of technical, cost, and schedule risk; the reliance on demonstrated technologies; and compliance with relevant policies, prior to entering into a contract for a major program with a life cycle cost of more than $250 million.

Specifies the life cycle costs for the Joint Polar Satellite System and for the Geostationary Operational Environmental Satellite R-Series Program.

(Sec. 105) Permits Commerce to furnish services to facilitate the use or occupancy of Department of Commerce buildings.

(Sec. 106) States that grant recipients may continue to deter child pornography, copyright infringement, or any other unlawful activity over their networks.

(Sec. 107) Permits NOAA to use, with consent and reimbursement, resources of other federal, state, local, and international entities to carry out the responsibilities of any statute administered by NOAA.

(Sec. 108) Prohibits the National Technical Information Service from charging for copies of reports or documents generated by the legislative branch unless the Service has provided information on how a copy may be obtained for free online. Requires any charge to be limited to the Service's cost.

(Sec. 109) Permits Commerce to waive the requirement for bonds with respect to contracts for the construction, alteration, or repair of vessels under the Coast and Geodetic Survey Act of 1947.

(Sec. 110) Permits the National Institute of Standards and Technology to use unobligated balances from the Industrial Technology Services account for purposes related to the Network for Manufacturing Innovation.

Department of Justice Appropriations Act, 2016

TITLE II--DEPARTMENT OF JUSTICE

Provides FY2016 appropriations to the Department of Justice (DOJ) for:

  • General Administration, including Salaries and Expenses, Justice Information Sharing Technology, Administrative Review and Appeals, and the Office of Inspector General;
  • the U.S. Parole Commission;
  • Legal Activities, including General Legal Activities, the Antitrust Division, U.S. Attorneys, the U.S. Trustee Systems Fund, the Foreign Claims Settlement Commission, Fees and Expenses of Witnesses, and the Community Relations Service;
  • the U.S. Marshals Services, including for Construction and Federal Prisoner Detention;
  • the National Security Division;
  • Interagency Law Enforcement;
  • the Federal Bureau of Investigation (FBI);
  • the Drug Enforcement Administration;
  • the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and
  • the Federal Prison System, including for Buildings and Facilities and Federal Prison Industries, Incorporated.

Provide appropriations to the Office On Violence Against Women for Violence Against Women Prevention and Prosecution Programs.

Provides appropriations to the Office of Justice Programs for State and Local Law Enforcement Assistance, Juvenile Justice Programs, and Public Safety Officer Benefits.

Provides appropriations for Community Oriented Policing Services (COPS) programs, including a community trust initiative to improve police-community relations.

(Sec. 201) Provides additional funds to the Attorney General for official reception and representation expenses.

(Sec. 202) Prohibits funds provided by this title from being used to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest.

(Sec. 203) Prohibits funds provided by this title from being used to require any person to perform or facilitate the performance of an abortion.

(Sec. 204) Establishes the obligation of the Director of the Bureau of Prisons to provide escort services to an inmate receiving an abortion outside of a federal facility, except where this obligation conflicts with section 203 of this bill.

(Sec. 205) Sets forth requirements and procedures for transferring and reprogramming funds provided to by this bill to DOJ.

(Sec. 206) Authorizes the Attorney General to extend the Personnel Management Demonstration Project without limitation on the number of employees or positions covered.

(Sec. 207) Prohibits the FBI or the U.S. Marshals Services from using funds provided by this title to transport prisoners classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure.

(Sec. 208) Prohibits federal prisons from using funds provided by this bill to purchase or rent audiovisual equipment, services, and materials used primarily for recreational purposes, except for inmate training, religious, or educational purposes

(Sec. 209) Prohibits funds provided by this title from being used for major information technology projects unless the Deputy Attorney General and the Department Investment Review Board certify to Congress that the program: (1) has appropriate program management controls and contractor oversight mechanisms in place, and (2) is compatible with DOJ enterprise architecture.

(Sec. 210) Requires DOJ to follow reprogramming procedures for any deviation from the program amounts specified in this title or the accompanying report, or any use of deobligated funds provided by this title in previous years.

(Sec. 211) Prohibits the use of funds provided by this bill for a public-private competition for work performed by employees of Federal Prison Industries, Incorporated.

(Sec. 212) Prohibits U.S. Attorneys from holding dual or additional responsibilities that exempt them from statutory residency requirements.

(Sec. 213) Permits up to 3% of grant and reimbursement program funds provided to the Office of Justice Programs to be used for training and technical assistance. Permits grant or reimbursement funds to be used for criminal justice research, evaluation, and statistics.

(Sec. 214) Waives the requirement that DOJ reserve certain funds provided for offender incarceration for payments for incarceration on tribal lands.

(Sec. 215) Prohibits funds, other than funds for the National Instant Criminal Background Check System established under the Brady Handgun Violence Prevention Act, from being used to transfer an operable firearm to a known or suspected agent of a drug cartel if law enforcement personnel do not continuously monitor or control the firearm.

(Sec. 216) Establishes limitations and requirements for the obligation of specified funds from the Department of Justice Working Capital Fund and the Assets Forfeiture Fund. Requires DOJ to submit to Congress a spending plan including the planned distribution of Assets Forfeiture Fund joint law enforcement operations funding during FY2016.

(Sec. 217) Limits the use of specified DOJ funds until the Attorney General demonstrates to Congress that DOJ is implementing recommendations included in the Office of Inspector General report entitled "The Handling of Sexual Harassment and Misconduct Allegations by the Department's Law Enforcement Components." Requires the DOJ Inspector General to report on the implementation.

Science Appropriations Act, 2016

TITLE III--SCIENCE

Provides appropriations to the Office of Science and Technology Policy.

Provides appropriations to the National Aeronautics and Space Administration (NASA) for:

  • Science;
  • Aeronautics;
  • Space Technology;
  • Exploration;
  • Space Operations;
  • Education;
  • Safety, Security, and Mission Services;
  • Construction and Environmental Compliance and Restoration; and
  • the Office of Inspector General.

Includes administrative provisions for NASA that:

  • Permit funds for any announced prize to remain available until the prize is claimed or the offer is withdrawn;
  • Establish the terms and conditions for the transfer of appropriations provided by this bill;
  • Require NASA to submit its spending plan at the theme, program, project, and activity level;
  • Require the spending plan or subsequent changes to be subject to reprogramming procedures;
  • Permit the transfer of unexpired balances under a previous account structure to the new account structure.

Provides appropriations to the National Science Foundation (NSF) for:

  • Research and Related Activities,
  • Major Research Equipment and Facilities Construction,
  • Education and Human Resources,
  • Agency Operations and Award Management,
  • the Office of the National Science Board, and
  • the Office of the Inspector General.

Establishes thresholds for the transfer of appropriations provided by this bill to the NSF.

TITLE IV--RELATED AGENCIES

Provides appropriations for the Commission on Civil Rights, the Equal Employment Opportunity Commission, the U.S. International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Office of the U.S. Trade Representative, and the State Justice Institute.

Specifies restrictions, terms, and conditions on the use of funds by the Legal Services Corporation.

TITLE V--GENERAL PROVISIONS

Sets forth permissible, restricted, and prohibited uses for funds provided by this and other appropriations Acts.

(Sec. 501) Prohibits funds provided by this bill from being used for publicity or propaganda purposes that are not authorized by Congress.

(Sec. 502) Prohibits funds provided by this bill from remaining available for obligation beyond the current fiscal year, unless expressly permitted in the bill.

(Sec. 503) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law.

(Sec. 504) Provides that if any provision of this bill or the application of the provision is held invalid, the remainder of the bill is not affected.

(Sec. 505) Establishes restrictions and requirements for the reprogramming of funds provided by this bill.

(Sec. 506) Prohibits funds provided by this bill from being used to award contracts or subcontracts to a person who has been found to have intentionally affixed a ''Made in America'' label to any product that was not made in America. Requires promotional items purchased using funds provided by this bill to be manufactured, produced, or assembled in the United States or its territories or possessions, to the extent it is practicable.

(Sec. 507) Requires Commerce, DOJ, the NSF, and NASA to provide quarterly reports to Congress regarding the status of balances of appropriations at the account level.

(Sec. 508) Requires costs incurred by agencies for personnel actions due to funding reductions in this bill to be absorbed within the budgetary resources available to the department or agency. Provides transfer authority between appropriation accounts to carry out this provision, subject to reprogramming procedures. Provides that, for the Department of Commerce, this section applies to actions taken for the care and protection of loan collateral or grant property.

(Sec. 509) Prohibits funds provided by this bill from being used to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal of foreign restrictions on the marketing of tobacco products, except for restrictions which are not applied equally to all products of the same type.

(Sec. 510) Limits the obligation of receipts deposited into the Crime Victims Fund during FY2016.

(Sec. 511) Prohibits DOJ from using funds provided by this bill to discriminate against or denigrate the religious or moral beliefs of students or the parents of students participating in programs for which financial assistance is provided.

(Sec. 512) Prohibits the transfer of funds provided by this bill to a department, agency, or instrumentality of the United States Government, unless the transfer is pursuant to an appropriations Act.

(Sec. 513) Provides that funds included in this this bill to implement E-Government Initiatives are subject to reprogramming procedures and requirements.

(Sec. 514) Establishes timetables and procedures for specified audits by Inspectors General of the departments and agencies funded in this bill. Requires recipients of grants or contracts funded by this bill to certify that no grant or contract funds will be provided to anyone with a financial interest in the recipient.

(Sec. 515) Prohibits funds provided by this bill from being used to acquire certain information systems unless the acquiring department or agency has reviewed specified issues related to supply chain risk and the risk of cyber-espionage or sabotage.

Prohibits the use of funds provided by this bill to acquire a high-impact or moderate-impact information system reviewed and assessed under this section unless the department or agency has consulted with the NIST and the FBI to: (1) develop a mitigation strategy for any identified risks; (2) report to Congress and the agency Inspector General that the system is in the national interest.

(Sec. 516) Prohibits funds provided by this bill from being used to support or justify the use of torture by any official or contract employee of the U.S. government.

(Sec. 517) Prohibits the use of funds to require export licenses for exporting components, parts, or attachments for certain firearms to Canada.

(Sec. 518) Prohibits the use of funds to deny certain import applications for firearms, parts, or ammunition that are curios or relics. (Curios or relics are firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons.)

(Sec. 519) Prohibits the use of funds to include specified patent provisions from the United States-Singapore Free Trade Agreement, the United States-Australia Free Trade Agreement, or the United States-Morocco Free Trade Agreement in any new bilateral or multilateral trade agreement.

(Sec. 520) Prohibits the use of funds provided by this bill to authorize or issue a National Security Letter (NSL) in violation of specified laws authorizing the FBI to issue an NSL. (An NSL is a written directive, comparable to an administrative subpoena, used by law enforcement and intelligence agencies to demand certain information from third parties such as telecommunication providers, financial institutions, and consumer credit reporting agencies.)

(Sec. 521) Requires congressional notification regarding Commerce, DOJ, NSF, or NASA projects that total more than $75 million and are expected to have cost increases of at least 10%.

(Sec. 522) Deems funds provided by this bill for intelligence or intelligence related activities as authorized by Congress during FY2016 until the enactment of the Intelligence Authorization Act for FY2016.

(Sec. 523) Prohibits contracts or grant awards above $5 million unless the prospective contractor or grantee certifies that the organization has filed all federal tax returns, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has no unpaid federal tax assessment.

(Sec. 524) Rescinds specified unobligated balances from prior appropriations to Commerce and DOJ.

(Sec. 525) Prohibits funds provided by this bill from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.

(Sec. 526) Prohibits funds provided by this bill from being used to pay for the attendance of more than 50 department or agency employees at any single conference outside the United States, unless it is a law enforcement training or operational event where the majority of federal attendees are law enforcement personnel stationed outside the United States.

(Sec. 527) Prohibits funds from being used to transfer or release any individual detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo) who is not a U.S. citizen or member of the Armed Forces into the United States, its territories, or possessions.

(Sec. 528) Prohibits funding from being used to construct, acquire, or modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house any individual detained at Guantanamo.

(Sec. 529) Requires, to the extent it is practicable, funds provided by this bill to be used to purchase light bulbs that have the ''Energy Star'' or ''Federal Energy Management Program'' designation

(Sec. 530) Requires the Office of Management and Budget to direct departments and agencies funded by this bill to track undisbursed balances in expired grant accounts and include specified details in annual performance and accountability reports.

(Sec. 531) Prohibits NASA or the Office of Science and Technology Policy (OSTP) from using funds provided by this bill to: (1) engage in bilateral activities with China or a Chinese-owned company unless the activities are authorized by a law enacted after enactment of this bill, or (2) host official Chinese visitors at NASA facilities. Includes an exception if NASA or OSTP have made a specified certification to Congress regarding an activity.

(Sec. 532) Prohibits funds from being used to deny the importation of shotgun models if no application for the importation of models in the same configuration had been denied prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.

(Sec. 533) Prohibits the use of funds made available in this bill for a computer network that does not block pornography, except for law enforcement purposes

(Sec. 534) Requires each department and agency funded in this bill to submit spending plans to Congress.

(Sec. 535) Prohibits the use of funds provided by this bill to implement the Arms Trade Treaty regulating international trade in conventional arms until it is ratified by the Senate.

(Sec. 536) Prohibits the use of funds provided by this bill to relinquish the responsibility of the National Telecommunications and Information Administration for Internet domain name system functions.

(Sec. 537) Prohibits funds provided by this bill from being used to require a person licensed for importing, manufacturing, or dealing in firearms to report information to DOJ regarding the sale of multiple rifles or shotguns to the same person.

(Sec. 538) Requires Commerce, DOJ, NASA, and the NSF to provide Inspectors General with timely access to records, documents, and other materials.

(Sec. 539) Requires Commerce, NASA, NSF, and the OSTP to report monthly to Congress on official travel of employees to China.

(Sec. 540) Prohibit the use of funds provided by this bill to facilitate, permit, license, or promote exports to the Cuban military or intelligence service, officers of the Cuban military or intelligence service, or an immediate family member, with the exception of goods permitted under the Trade Sanctions Reform and Export Enhancement Act of 2000.

(Sec. 541) Prohibits funds provided by this bill from being used to shut down or prepare to shut down the Stratospheric Observatory for Infrared Astronomy.

(Sec. 542) Establishes a spending reduction account for the amount by which the subcommittee's allocation under Section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of new budget authority proposed in the bill. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)

Policy Area

Economics and Public Finance

Legislative Terms

  • alaska
  • alaska natives and hawaiians
  • appropriations
  • assault and harassment offenses
  • atmospheric science and weather
  • california
  • canada
  • census and government statistics
  • child safety and welfare
  • commission on civil rights
  • correctional facilities and imprisonment
  • crime prevention
  • crime victims
  • crimes against women
  • criminal investigation, prosecution, interrogation
  • criminal justice information and records
  • department of commerce
  • department of justice
  • detention of persons
  • disability and paralysis
  • domestic violence and child abuse
  • drug enforcement administration (dea)
  • drug trafficking and controlled substances
  • economic development
  • equal employment opportunity commission (eeoc)
  • executive office of the president
  • executive agency funding and structure
  • family services
  • federal bureau of investigation (fbi)
  • fishes
  • fraud offenses and financial crimes
  • higher education
  • housing and community development funding
  • human trafficking
  • idaho
  • indian social and development programs
  • intellectual property
  • judicial procedure and administration
  • judicial review and appeals
  • juvenile crime and gang violence
  • law enforcement administration and funding
  • law enforcement officers
  • lawyers and legal services
  • legal services corporation
  • licensing and registrations
  • marine mammal commission
  • marine and coastal resources, fisheries
  • minority and disadvantaged businesses
  • national aeronautics and space administration
  • national science foundation
  • nevada
  • office of the u.s. trade representative
  • oregon
  • pacific ocean
  • prescription drugs
  • research administration and funding
  • rural conditions and development
  • sex offenses
  • space flight and exploration
  • spacecraft and satellites
  • trade restrictions
  • u.s. international trade commission
  • veterans' education, employment, rehabilitation
  • violent crime
  • washington state