20–239 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–605 

COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 

APPROPRIATIONS BILL, 2017 

JUNE 7, 2016.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. CULBERSON, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 5393] 

The Committee on Appropriations submits the following report in 

explanation of the accompanying bill making appropriations for 

Commerce, Justice, Science, and Related Agencies for the fiscal 

year ending September 30, 2017, and for other purposes. 

INDEX TO BILL AND REPORT 

Page number 

Bill Report 

Title I—Department of Commerce ............................................................ 2 5 

Title II—Department of Justice ................................................................ 23 29 

Title III—Science ........................................................................................ 58 54 

Office of Science and Technology Policy ............................................ 58 54 

National Aeronautics and Space Administration ............................. 58 55 

National Science Foundation ............................................................. 66 68 

Title IV—Related Agencies ........................................................................ 70 72 

Commission on Civil Rights ............................................................... 70 72 

Equal Employment Opportunity Commission .................................. 71 72 

International Trade Commission ....................................................... 72 72 

Legal Services Corporation ................................................................ 72 72 

Marine Mammal Commission ............................................................ 73 73 

Office of the United States Trade Representative ........................... 74 73 

State Justice Institute ........................................................................ 74 74 

Title V—General Provisions ...................................................................... 76 74 

House of Representatives Reporting Requirements ................................ ........ 78 

Minority Views ........................................................................................... ........ 119 


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HIGHLIGHTS OF THE BILL

The Commerce, Justice, Science, and Related Agencies Subcommittee has jurisdiction over a diverse group of agencies responsible for combating gangs, violent crime, drug trafficking, financial 

fraud, terrorism, espionage, and cybercrime; enforcing trade laws; 

conducting periodic censuses; forecasting the weather; managing 

fisheries; exploring space; and advancing science. The activities of 

these agencies impact nearly every American and are integral to 

the operations of our government. 

The bill provides a total of $56,001,000,000 in discretionary 

budget authority for fiscal year 2017, which is $279,000,000 or 0.5 

percent above the fiscal year 2016 discretionary enacted level. 

The bill provides $1,374,651,000 above the Administration’s discretionary budget request. The funds above the Administration’s 

request are necessary to address operational shortfalls left by the 

budget request proposal to fund the operations of the Federal government with over $3.8 billion in new unauthorized mandatory 

spending. The Administration also proposed increasing the savings 

applied to the bill from changes in mandatory programs by more 

than $1.8 billion over fiscal year 2016. The bill rejects these new 

mandatory funding gimmicks. 

Within the level of funds provided, the bill prioritizes funding for 

Federal law enforcement, national security, and the National Aeronautics and Space Administration (NASA) while freezing, reducing, 

or eliminating funding for non-critical activities. 

For the Department of Justice, the bill provides an increase of 

$346,650,000 from the current year. This includes an increase of 

$279,098,000 for the Federal Bureau of Investigation (FBI) to enhance its efforts to combat cybercrime, terrorism, and espionage. 

The recommendation includes an increase of $34,859,000 to the Executive Office for Immigration Review for 25 additional Immigration Judge teams to markedly reduce case backlogs. The bill also 

supports the continued operations of critical Federal law enforcement agencies including the United States Marshals Service, the 

United States Attorneys, the Drug Enforcement Administration 

(DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives, 

and the Bureau of Prisons. For State and local law enforcement activities, the bill increases funds for Violence Against Women Prevention and Prosecutions Programs and Byrne Justice Assistance 

Grants. The bill also continues support for priority programs such 

as Adam Walsh Act, NICS background checks, the DNA initiative, 

Reducing Sexual Assault Kit Backlogs, the Second Chance Act, and 

the Missing and Exploited Children program. In order to combat 

the opioid epidemic, the bill includes $103,000,000 for the programs 

authorized by H.R. 5046, The Comprehensive Opioid Abuse Reduction Act of 2016. The bill also provides a $34,124,000 increase for 

DEA and a $10,135,000 increase for Organized Crime and Drug 

Enforcement Task Forces. 

The Committee is extremely disappointed that the Administration’s request proposes to reduce discretionary appropriations for 

NASA by over $1 billion from fiscal year 2016. This lack of commitment to the country’s space program is not shared by the Congress. 

NASA is a strategic asset to the nation. The Committee believes 

that additional investment is needed to maintain American leaderVerDate Sep 11 2014 07:40 Jun 08, 2016 Jkt 020239 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR605.XXX HR605

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ship in space exploration and science, and for NASA to successfully 

execute all of its activities and missions. A bold space exploration 

program that engages the nation will inspire new generations of 

scientists and engineers and contribute to the economic success and 

space leadership of the country. The recommendation provides 

$19,507,000,000, an increase of $222,000,000 over fiscal year 2016 

and $1,244,900,000 over the discretionary budget request. The bill 

advances space exploration and ensures our nation remains the 

world’s leader in space exploration and technology, aeronautics research, and discovery in space and science. The bill provides for the 

continued development of the Orion crew vehicle, Space Launch 

System, and Exploration Ground Systems that will one day send 

astronauts beyond low Earth orbit. The bill continues funding for 

critical scientific missions and technology programs. The Committee directs NASA to follow the direction of the decadal surveys 

in prioritizing activities during fiscal year 2017 and in the future. 

For the National Science Foundation, the bill increases the Research and Related Activities appropriation by $45,785,000 over 

the historically high fiscal year 2016 level. 

Within the Department of Commerce, the Patent and Trademark Office is funded at $3,230,000,000, which is the level of fee collections estimated by the Congressional Budget Office. Funding for 

the National Oceanic and Atmospheric Administration prioritizes 

improving weather forecasting, fisheries management, the Joint 

Polar Satellite System (JPSS) and the Geostationary Operational 

Environmental Satellite-R Series (GOES–R). 

In order to fund the priority programs described above, the bill 

recommends terminating 31 programs, resulting in savings of more 

than $716,250,000 from the fiscal year 2016 level and $626,900,000 

from the President’s request for these same programs. In addition, 

the bill recommends freezing or reducing 13 appropriation accounts 

in the Department of Commerce, 14 appropriation accounts in the 

Department of Justice, and 5 appropriation accounts in related 

agencies. 

OVERSIGHT AND BUDGET REVIEW

In furtherance of the Committee’s oversight responsibilities and 

to protect hard earned taxpayer dollars, the Committee has included language that: • Withholds funds for information technology related to the 

2020 census until a comprehensive investment plan is provided 

to the Committee and the Government Accountability Office. 

• Caps total life-cycle costs for programs that have a record 

of poor performance, including weather satellites and the 

James Webb Space Telescope. 

• Prohibits funding for the National Technical Information 

Service to charge customers for a copy of a document generated 

by the Legislative Branch unless the customer is informed how 

to receive an electronic copy free online. 

• Requires monthly reporting on Immigration Judge performance. 

• Maintains limitations on the Department of Justice’s use 

of non-appropriated funds including the Working Capital Fund 

and the Assets Forfeiture Fund. 

• Requires quarterly reporting of unobligated balances. 


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• Requires agencies to provide Inspectors General with timely access to information. • Requires agencies procuring sensitive information technology systems to conduct supply chain risk assessments. • Requires contractors and grantees receiving more than $5,000,000 to certify that they are not delinquent on their Federal taxes. • Limits the number of agency staff who can attend overseas 

conferences. • Requires agencies to track undisbursed grant balances. • Requires agencies to submit spending plans for the Committee’s review. • Requires agencies to notify the Committee of project cost 

overruns and mitigation plans. • Requires agency computer networks to block pornography. 

Paper Reduction Efforts.—The Committee urges the Departments 

of Commerce and Justice, the National Science Foundation, and 

NASA to work with the Office of Management and Budget to reduce printing and reproduction costs and directs each agency to report to the Committee within 60 days of enactment of this Act on 

the steps it has taken to achieve this goal. The report should specifically identify how much funding each agency expects to save by 

implementing these measures. 

REPROGRAMMING PROCEDURES

Section 505 of the bill contains language concerning the reprogramming of funds between programs, projects, and activities. 

The Committee reminds the departments and agencies funded in 

this bill that the reprogramming process is based on comity between the Congress and the Executive Branch. This process is intended to provide departments and agencies sufficient flexibility to 

meet changing circumstances and emergent requirements not 

known at the time of congressional review of the budget while preserving congressional priorities and intent. In the absence of comity 

and respect for the prerogatives of the Appropriations Committees 

and the Congress in general, the Committee may opt to include 

specific program limitations and details in legislation and remove 

language providing the flexibility to reallocate funds. Under these 

circumstances, programs, projects, and activities become absolutes 

and the Executive Branch shall lose the ability to propose changes 

in the use of appropriated funds except through legislative action. 

Each department and agency funded in this bill shall follow the 

directions set forth in this bill and the accompanying report, and 

shall not reallocate resources or reorganize activities except as provided herein. Reprogramming procedures shall apply to funds provided in this bill, unobligated balances from previous appropriations Acts that are available for obligation or expenditure in fiscal 

year 2017, and non-appropriated resources such as fee collections 

that are used to meet program requirements in fiscal year 2017. As 

specified in section 505, the Committee expects that the Appropriations Subcommittees on Commerce, Justice, Science, and Related 

Agencies of the House and Senate will be notified by letter a minimum of 15 days prior to any reprogramming of funds that— 

(1) creates or initiates a new program, project, or activity; 

(2) eliminates a program, project, or activity; 


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(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or restricted; 

(4) relocates an office or employees; 

(5) reorganizes or renames offices, programs, or activities; 

(6) contracts out or privatizes any functions or activities 

presently performed by Federal employees; 

(7) augments existing programs, projects, or activities in ex- cess of $500,000 or 10 percent, whichever is less, or reduces by 

10 percent funding for any program, project, or activity, or 

numbers of personnel by 10 percent; or 

(8) results from any general savings, including savings from 

a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress. 

Any reprogramming request shall include any out-year budgetary 

impacts and a separate accounting of program or mission impacts 

on estimated carryover funds. The Committee further expects any 

department or agency funded in this bill that plans a reduction-inforce to notify the Committee by letter at least 30 days in advance 

of the date of any such planned personnel action. 

RELATIONSHIP WITH BUDGET AND COMPTROLLER OFFICES

Through the years the Appropriations Committee has channeled 

most of its inquiries and requests for information and assistance 

through the budget offices or comptroller organizations of the various departments, agencies, and commissions. Such relationships 

are necessary to accomplish the work of the Committee. While the 

Committee reserves the right to call upon all organizations in the 

departments, agencies and commissions for information and assistance, the primary contact between the Committee and these entities must be through the budget offices and comptroller organizations, or through a legislative affairs unit designated by the Committee to work on appropriations and budget matters. 

The workload generated in the budget process is large and growing; therefore, a positive, responsive relationship between the Committee and the budget and/or comptroller offices is essential for the 

Committee to fulfill the Constitutional appropriations responsibilities of Congress. 

TITLE I 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The Committee recommends $495,000,000 in total resources for 

the programs of the International Trade Administration (ITA), 

which is $2,000,000 above fiscal year 2016 and $38,421,000 below 

the request. This amount is offset by $12,000,000 in estimated fee 

collections, resulting in a direct appropriation of $483,000,000. 

Trade enforcement.—The recommendation funds Enforcement 

and Compliance at $2,000,000 above the request. Additionally, the 

Committee instructs the ITA to make the enforcement of antiVerDate Sep 11 2014 07:40 Jun 08, 2016 Jkt 020239 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR605.XXX HR605

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dumping and countervailing duties a priority, and recommends 

that the ITA specifically focus on expeditiously reducing case backlogs and thoroughly investigating the extent to which trade law 

evasion harms domestic industries. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

The Committee recommends $114,000,000 for the Bureau of Industry and Security (BIS), which is $1,500,000 above fiscal year 

2016 and $12,945,000 below the request. The recommendation 

funds the requested increase for Export Enforcement. 

ECONOMIC DEVELOPMENT ADMINISTRATION

The Committee recommends $264,500,000 for the programs and 

administrative expenses of the Economic Development Administration (EDA), which is $3,500,000 above fiscal year 2016, and 

$6,046,000 above the request. 

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

The Committee recommends $225,000,000 for Economic Development Assistance Programs, which is $3,000,000 above fiscal year 

2016 and $10,000,000 above the request. Funds shall be distributed 

as follows; any deviation shall be subject to the procedures set forth 

in section 505 of this Act: 

Public Works ....................................................................................... $102,000,000 

Partnership Planning ......................................................................... 30,000,000 

Technical Assistance .......................................................................... 10,500,000 

Research and Evaluation ................................................................... 1,500,000 

Trade Adjustment Assistance ............................................................ 12,000,000 

Economic Adjustment Assistance ...................................................... 38,000,000 

Regional Innovation Grants .............................................................. 16,000,000 

Assistance to Coal Mining Communities .......................................... 15,000,000 

Total, Economic Development Assistance Programs ................ $225,000,000 

Assistance to coal mining communities.—The Committee continues to support the long overdue POWER plan, which builds on 

the Committee’s prior efforts to assist communities throughout the 

country that are suffering significant coal mining job losses. The 

recommendation includes not less than $15,000,000 to assist coal 

mining communities through the POWER Plan or other EDA initiatives. The Committee appreciates that EDA has engaged and is 

collaborating with local leaders and stakeholders, along with other 

Federal agencies, to develop comprehensive strategies to promote 

economic growth in coal mining communities. The Committee expects this effort to continue. Within the funds provided, the Committee directs EDA to assist communities that have yet to develop 

an economic development strategy to begin the planning process. 

For communities that have created economic development strategies, EDA shall provide assistance to implement the strategies, including the funding of authorized economic development projects. 

Within 90 days of enactment of this Act, EDA shall report to the 

Committee on its efforts to assist coal communities and the government-wide POWER Plan. The report shall include a detailed description on how EDA and other Federal agencies have assisted 


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coal mining communities to date and how the Federal government 

plans to assist them in the future. 

SALARIES AND EXPENSES

The Committee recommends $39,500,000 for EDA salaries and 

expenses, which is a $500,000 increase over fiscal year 2016 and 

$3,954,000 below the request. 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

The Committee recommends $34,000,000 for the Minority Business Development Agency (MBDA), which is $2,000,000 above fiscal year 2016 and $1,613,000 below the request. 

Native American businesses.—With a portion of the provided increase, the Committee urges MBDA to ensure that it provides adequate support to Native American businesses and to fulfill the intent of Public Law 106–464. MBDA shall submit a report to the 

Committee within 90 days of enactment on the services it provides 

to Native American businesses and how these efforts will spur 

business, economic development, and tourism in Indian Country. 

The Committee encourages MBDA to evaluate how it can expand 

its outreach and capacity building assistance to Native American 

tribes around the country. 

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

The Committee recommends $107,000,000 for economic and statistical analysis, which is $2,000,000 below fiscal year 2016 and 

$7,643,000 below the request. 

BUREAU OF THE CENSUS

The Committee recommends a total of $1,470,000,000 for the Bureau of the Census, which is $100,000,000 above fiscal year 2016 

and $163,606,000 below the request. 

CURRENT SURVEYS AND PROGRAMS

The Committee recommends $270,000,000 for the Current Surveys and Programs, which is the same as the fiscal year 2016 level 

and $15,287,000 below the request. 

Survey of Income and Program Participation (SIPP).—Within the 

amounts provided, Census shall continue the level of effort for the 

SIPP at no less than the fiscal year 2016 level. 

PERIODIC CENSUSES AND PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends a total of $1,200,000,000 for Periodic Censuses and Programs, which is $100,000,000 above the fiscal year 2016 level and $148,319,000 below the request. The recommendation provides for a transfer of $2,580,000 to the Department of Commerce Office of Inspector General (OIG) for oversight 

of the Census Bureau. The recommended increase will support 


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completion of research and the beginning of design, development, 

and testing for the 2020 Census. 

American Community Survey (ACS).—The Committee is very 

concerned about the burdensome nature of the ACS and directs 

Census to focus on its core, constitutionally mandated decennial 

Census activities. The Bureau shall continue to provide quarterly 

briefings to the Committee on efforts to ensure the necessity of all 

the questions on the ACS; on efforts to ensure that non-response 

follow-up is conducted in the least intrusive manner; and on congressional outreach conducted by the Respondent Advocate. 

2020 Census lifecycle cost.—The Committee is concerned that the 

Bureau’s lifecycle cost estimate for the 2020 Census may not reflect 

cost estimation best practices. The Committee understands that no 

guidance or standard methodology was used to account for risks in 

its cost estimate. The Committee also understands that documentation of the assumptions in the estimate is lacking. The Committee 

directs the Bureau to submit a report to the Committee and the 

Government Accountability Office (GAO), no later than 60 days 

after enactment of this Act, on the steps it will take to improve its 

cost estimation and the time frame for taking these steps. 

Census Enterprise Data Collection and Processing (CEDCaP).— 

The Committee supports the Bureau’s efforts to develop a more 

flexible, automated and secure enterprise architecture that will enable Census to realize economies of scale to support data collection 

efforts. The Bureau shall continue to provide quarterly briefings regarding the status of these efforts. Information in these briefings 

shall include, but not be limited to, the current system’s costs to 

maintain, the surveys supported, FTE associated with those systems, and the anticipated date that various IT systems will be retired and data merged onto the larger enterprise architecture. Census shall provide these reports concurrently to the OIG and GAO. 

The recommendation also includes bill language withholding 50 

percent of the funds for information technology related to 2020 census delivery, including the CEDCaP program, until the Secretary 

submits to the Committees on Appropriations and the GAO an expenditure plan for CEDCaP. 

Language assistance and data on small population groups.—The 

Committee is concerned about the availability of data on small population groups and the availability of language assistance for respondents to the Census surveys, including those who speak Asian 

languages, Pacific Islander languages, American Indian and Alaska 

Native languages, African languages, Spanish, and other languages. Not later than 90 days after the date of the enactment of 

this Act, the Census Bureau shall submit a report identifying the 

languages spoken by respondent populations most in need of language assistance, along with the availability of interviewers and 

materials for persons speaking these languages, and the steps the 

Bureau will take to reach these respondents and otherwise ensure 

the availability and accuracy of data for small population groups. 

The Bureau is additionally directed to communicate this information on a regular basis to Census Telephone Centers and regional 

offices to address emerging needs. 

The Committee also directs Census to increase outreach activities to historically undercounted communities, including colonias. 


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Puerto Rico.—The Committee urges the Census Bureau to include all citizens of the United States, including those in Puerto 

Rico and other offshore jurisdictions, in its estimates of U.S. resident population and other national statistics. 

Rural areas.—The Committee directs the Census Bureau to report, not later than 90 days after enactment of this Act, on the 

steps it will take to reduce the margin of error and increase the 

accuracy of income statistics for rural areas. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends $36,322,000 for the salaries and expenses of the National Telecommunications and Information Administration (NTIA), which is $3,178,000 below fiscal year 2016 

and $14,519,000 below the request. With the ramp down of the 

Broadband Technology Grant Programs, funding for broadband 

program activity is reduced, as requested. 

Internet Corporation for Assigned Names and Numbers 

(ICANN).—The Committee remains concerned by NTIA’s intent to 

transition certain Internet domain name functions to the global 

multistakeholder community. Any such transition represents a significant public policy change and should be preceded by an open 

and transparent process. In order for this issue to be considered 

more fully by the Congress, the Committee includes section 534 

prohibiting funding for the transition. 

Low Power Television Translators.—The Committee is aware 

that following the current Broadcast Incentive Auction there will 

be a restacking of remaining broadcast spectrum holders. NTIA, in 

partnership with the Federal Communications Commission, shall 

develop a plan to address the needs of low power broadcasters during this transition. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

The Committee recommends $3,230,000,000 for the United 

States Patent and Trademark Office (PTO), the full amount of fiscal year 2017 fee collections estimated by the Congressional Budget 

Office. The recommendation continues language making available 

any excess fee collections above the estimated level and the 

amounts appropriated in this Act. PTO shall continue to provide 

monthly reports on its actual and projected fee collections and performance. PTO shall also provide additional operations reporting to 

the Committee on a quarterly basis, including data on application 

volumes and staffing status. 

Patent and Trademark Fee Reserve Fund.—The recommendation 

includes bill language regarding excess fees deposited in the Patent 

and Trademark Fee Reserve Fund. The Committee reminds PTO 

that prior to obligating any of the funds in the Reserve Fund during fiscal year 2017, PTO shall submit to the Committee a reprogramming notification with a spending plan describing the inVerDate Sep 11 2014 07:40 Jun 08, 2016 Jkt 020239 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR605.XXX HR605

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tended uses of funds. The Committee expects that any such reprogramming will describe how the expenditure of these reserve 

funds will improve patent quality, reduce the backlog of pending 

applications and appeals, improve the information technology (IT) 

infrastructure, or otherwise improve the efficiency and effectiveness of PTO. 

Patents End 2 End (PE2E).—PTO shall continue to provide quarterly reports to the Committee on the status of this information 

technology project, including the proposed retirement of legacy IT 

systems, and cost savings associated with those retirements, and 

any efficiencies achieved in patent processing as a result of these 

IT investments. The Committee looks forward to receiving the fiscal year 2016 quarterly reports and expects the timely submission 

of these reports in fiscal year 2017. 

Addressing management failures.—During fiscal year 2014, serious management concerns came to light including two Inspector 

General reports: Review of Waste and Mismanagement at the Patent Trial and Appeal Board and Review of Conduct by a HighRanking USPTO Official in the Hiring of a Trademark Organization Employee; and a PTO Internal Administrative Inquiry Report 

in response to an Inspector General Referral regarding abuse of 

telework programs at PTO. In July, 2015, the National Academy of 

Public Administration (NAPA) released its report, The United 

States Patent and Trademark Office: A Telework and Internal Control Program Review. The Committee notes that while PTO has implemented or is implementing many of NAPA’s recommendations, 

there are still outstanding recommendations and progress to be 

made on them. During fiscal year 2017, the PTO shall continue to 

provide quarterly reports to the Committee on the implementation 

of reforms in response to recommendations in these reports and to 

ensure that employee time and attendance is appropriately managed and that nepotism is not tolerated. The Committee looks forward to receiving the fiscal year 2016 quarterly reports, and expects the timely submission of these reports in fiscal year 2017. 

Patent quality.—The Committee looks forward to receiving the 

fiscal year 2016 required report on patent quality. Within 90 days 

of enactment of this Act, PTO shall submit an updated report to 

the Committee on the implementation of its Patent Quality Initiative, steps taken to improve patent quality in fiscal year 2016, and 

planned actions for fiscal year 2017. 

Government agencies.—The Committee believes the PTO should 

notify the appropriate government agency when an application for 

trademark is filed for official or colloquially used names for any 

real property managed by that agency. 

Intellectual Property Attache ́s.—The Committee supports the important work of the Intellectual Property Attache ́ Program. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

The Committee recommends $865,000,000 for NIST, which is 

$99,000,000 below fiscal year 2016 and $149,519,000 below the request. 

Security.—The Committee is concerned about security-related 

issues at NIST, in particular potential inappropriate access of foreign nationals to NIST facilities and information systems. The 

Committee directs NIST to coordinate with the Federal Bureau of 


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Investigation to improve and standardize security training and enforcement across the agency and to ensure that security, counterintelligence, and export control functions are fully staffed. 

NIST shall continue to provide the following information to the 

Committee quarterly: an accounting of vacancy rates in security-related offices; a summary of all known security incidents occurring 

that quarter involving access violations by foreign nationals or the 

unauthorized transfer of proprietary or sensitive information; and 

a summary of any criminal or administrative sanctions applied 

that quarter due to violations of security-related laws or regulations. 

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $680,000,000 for NIST’s scientific 

and technical programs, which is $10,000,000 below fiscal year 

2016 and $50,533,000 below the request. 

Laboratory programs.—The recommendation includes 

$608,000,000 for NIST Laboratory programs. 

Standards Coordination and Special Programs.—The recommendation includes $55,000,000 for standards coordination and 

special programs. Within these amounts, up to $5,000,000 is included to maintain NIST’s current forensic research and standards 

work. The recommendation does not include funds to support or operate Forensic Science Advisory Committees. 

Lab-to-market.—The recommendation does not provide funding 

for the lab-to-market program. 

Urban Dome.—The recommendation does not provide funding for 

the Urban Dome program. 

Cybersecurity.—The Committee is aware that the nation’s retail 

sector is vulnerable to and targeted by cyberattacks. The Committee encourages NIST to build on its existing industry-sector focused work to create a retail-specific cybersecurity initiative and 

partner, as appropriate, with academic entities and national leaders in retail cybersecurity and retail supply chain management and 

logistics. 

Disaster resiliency.—As part of its efforts to improve the resiliency of buildings, NIST’s Engineering Division is encouraged to 

partner with academic research institutions that have expertise in 

mitigating the effects of natural disasters to study and recommend 

best practices for resilient planning and construction. The Committee also urges NIST to study building standards and develop 

recommendations on how building standards for buildings, homes, 

and infrastructure could be improved (e.g. fortified structures and 

durability of materials) to enhance resiliency. 

Textile research.—The Committee recognizes the importance of 

the U.S. textile industry and encourages NIST to pursue advanced 

textile and apparel research and manufacturing activities. 

NIST budget structure.—The Committee encourages NIST to 

work to bring greater transparency into its budget structure and 

provide additional detail in its budget justifications about base laboratory funding, rather than just program changes and new initiatives. 


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Internet of Things.—The Committee recognizes the importance of 

United States leadership in addressing security concerns for users 

and data within the Internet of Things and commends NIST for its 

ongoing work in this area, including the 2015 release of a draft 

framework for cyber-physical systems. In conjunction with this and 

other ongoing efforts related to cybersecurity, the Committee encourages NIST to continue strengthening its cybersecurity measurement science and standard-setting efforts related to the Internet 

of Things, including, but not limited to, industry-led best practices 

such as network segmentation. 

INDUSTRIAL TECHNOLOGY SERVICES

The Committee recommends $135,000,000 for Industrial Technology Services, which is $20,000,000 below fiscal year 2016 and 

$53,991,000 below the request. This amount includes $130,000,000 

for the Manufacturing Extension Partnership (MEP) and 

$5,000,000 for the National Network for Manufacturing Innovation. 

Program efficiencies.—The Committee is aware of recent efforts 

by MEP to examine ways to reduce administrative costs and provide more direct assistance to the centers. Accordingly, MEP shall 

provide to the Committee an updated report within 60 days of enactment of this Act detailing the amount of funds to be maintained 

at headquarters and the uses of those funds. NIST shall also provide the Committee with updates on the status of recompetition of 

the centers. 

CONSTRUCTION OF RESEARCH FACILITIES

The Committee recommends $50,000,000 for NIST construction, 

which is $69,000,000 below fiscal year 2016 and $44,995,000 below 

the request. NIST shall continue to provide updates on the projects 

funded within this account, to include milestones and total amount 

of funding necessary for completion. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

The Committee recommends a total of $5,580,575,000 in discretionary funds for the National Oceanic and Atmospheric Administration (NOAA), which is $185,004,000 below fiscal year 2016 and 

$267,668,000 below the request. The recommendation prioritizes 

funding for National Weather Service (NWS) operations, weather 

research, and related satellite programs, and the National Marine 

Fisheries Service. 

Information technology security.—The Committee is encouraged 

by NOAA’s efforts to address the security deficiencies in National 

Environmental Satellite, Data and Information Service’s (NESDIS’) 

information systems, but there is still considerable room for improvement. The Committee expects NESDIS and NWS to continue 

to make progress in this area. 

NOAA Environmental Security Computing Center.—The Committee supports the NOAA Environmental Security Computing 

Center and expects it to be adequately funded within the amounts 

provided. 

Partnering with the private sector.—The Committee encourages 

NOAA to purchase services from the private sector when such services are available, cost effective, and practicable. 


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Extramural research.—The Committee believes that NOAA benefits from collaboration with academia and the private sector 

through cooperative institutes and competitive research. These relationships build broad community engagement, leverage external 

funding for mission-oriented research, strengthen the science within NOAA, and advance scientific knowledge. 

Regional Biosecurity Plan for Micronesia and Hawaii.—The Regional Biosecurity Plan for Micronesia and Hawaii is an important 

planning and guidance document to proactively address the threat 

of invasive species in the Pacific. Within one year of enactment of 

this Act, NOAA shall submit a report to the Committee on the activities NOAA has taken to implement the plan. 

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends a total program level of 

$3,445,664,000 under this account for the coastal, fisheries, marine, 

weather, satellite, and other programs of NOAA. This total funding 

level includes $3,298,000,000 in direct appropriations, a transfer of 

$130,164,000 from balances in the ‘‘Promote and Develop Fishery 

Products and Research Pertaining to American Fisheries’’ account 

and $17,500,000 derived from recoveries of prior year obligations. 

The direct appropriation of $3,298,000,000 is $7,813,000 below fiscal year 2016 and $196,180,000 below the request. 

The following narrative descriptions and tables identify the specific activities and funding levels included in this Act. 

National Ocean Service.—The recommendation provides 

$475,140,000 for National Ocean Service, operations, research, and 

facilities. 

NATIONAL OCEAN SERVICE 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Navigation, Observations and Positioning 

Navigation, Observations and Positioning .............................................................................................. $139,570 

Integrated Ocean Observing System Regional Observations .................................................................. 31,500

Hydrographic Survey Priorities/Contracts ................................................................................................ 25,000 

Navigation, Observations and Positioning ....................................................................................................... 196,070 

Coastal Science and Assessment 

Coastal Science, Assessment, Response and Restoration ..................................................................... 70,000 

Competitive External Research ................................................................................................................ 9,000 

Coastal Science and Assessment ..................................................................................................................... 79,000 

Ocean and Coastal Management and Services 

Coastal Zone Management and Services ................................................................................................ 39,570 

Coastal Zone Management Grants .......................................................................................................... 65,000 

Coral Reef Program ................................................................................................................................. 26,000 

Sanctuaries and Marine Protected Areas ................................................................................................ 49,000 

National Estuarine Research Reserve System ........................................................................................ 20,500 

Ocean and Coastal Management and Services ............................................................................................... 200,070 

Total, National Ocean Service, Operations, Research, and Facilities ............................................................. $475,140 


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Navigation, Observations and Positioning.—The recommendation 

provides $196,070,000 for Navigation, Observations, and Positioning. Within this amount, the Committee expects NOAA to 

prioritize its mission-critical responsibilities including mapping and 

charting, geodesy, tides, and current data activities. The Committee does not support the proposed termination of the Regional 

Geospatial Modeling Grant program or the proposed decrease for 

Hydrographic Research and Technology Development. 

Integrated Ocean Observing System (IOOS).—The recommendation includes $31,500,000 for IOOS regional observations. The 

Committee supports ongoing efforts to examine ways to increase 

use of autonomous gliders, and encourages IOOS to procure additional autonomous gliders, as appropriate. 

Bathymetry.—The Committee encourages NOAA to pursue innovative bathymetric technology as a potential contributor to NOAA’s 

overall hydrographic surveying mission. 

Marine Debris Program.—The Committee appreciates the work 

that the Marine Debris Program has done to address marine debris 

affecting the ocean, coastal, and Great Lakes environment, as well 

as navigation safety in the United States. The Committee urges the 

Marine Debris Program to continue its work to reduce and prevent 

the amount of plastic debris entering the oceans. 

Harmful Algal Blooms.—The Committee remains concerned 

about the increasing prevalence of Harmful Algal Blooms and the 

effect of the related toxins, especially in the Great Lakes. The Committee supports the ongoing work of the National Centers for 

Coastal Ocean Science on Harmful Algal Blooms. 

Competitive external research.—The Committee supports scientific research sponsored through collaboration with external academic institutions that focuses on the conservation of corals and 

coral reef ecosystems within U.S. waters, which is important for 

management of coral reefs at the State, local, and territory level, 

and for the implementation of the National Coral Reef Action 

Strategy. 

Coastal Zone Management.—Matching grants are an important 

tool in ensuring State and local partners are committed to working 

with NOAA on coastal activities. Section 306 grants require a 1:1 

match under the Coastal Zone Management Act, and the Committee expects NOAA to continue to require a 50 percent match for 

the Regional Coastal Resilience Grants. 

Coastal and Ocean Economy.—Of the funding provided for National Ocean Service, $1,500,000 shall be used for NOAA to develop 

a Coastal and Ocean Economy Satellite account with the Bureau 

of Economic Analysis in order to develop a working definition of the 

industries and commodities to be included in the account, identify 

businesses that are ocean-dependent, and describe in numerical 

terms the relationship between the ocean economy and the U.S. 

economy as a whole. 

National Marine Fisheries Service.—The Committee recommends 

$860,835,000 for National Marine Fisheries Service operations, research, and facilities. 


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NATIONAL MARINE FISHERIES SERVICE 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Protected Resources Science and Management 

Marine Mammals, Sea Turtles and Other Species ................................................................................. $118,107 

Species Recovery Grants .......................................................................................................................... 6,000 

Atlantic Salmon ....................................................................................................................................... 6,224 

Pacific Salmon ......................................................................................................................................... 63,500 

Protected Resources Science and Management ............................................................................................... 193,831 

Fisheries Science and Management 

Fisheries and Ecosystem Science Programs and Services ..................................................................... 139,489 

Fisheries Data Collections, Surveys and Assessments ........................................................................... 164,749 

Observers and Training ........................................................................................................................... 43,464 

Fisheries Management Programs and Services ...................................................................................... 118,500 

Aquaculture .............................................................................................................................................. 3,500 

Salmon Management Activities ............................................................................................................... 35,500 

Regional Councils and Fisheries Commissions ...................................................................................... 34,250 

Interjurisdictional Fisheries Grants ......................................................................................................... 3,000 

Fisheries Science and Management ................................................................................................................. 542,452 

Enforcement ...................................................................................................................................................... 68,698 

Habitat Conservation and Restoration ............................................................................................................. 55,854 

Total, National Marine Fisheries Service, Operations, Research, and Facilities ............................................. $860,835 

Protected Resources Science and Management.—The Committee 

recommends $193,831,000 for Protected Resources Science and 

Management programs. Within available resources, the Committee 

encourages NOAA to maintain funding for marine mammal stranding grants. 

Hatchery and Genetic Management Plans.—Within the funds provided for Pacific Salmon, $5,000,000 is included to address the 

backlog of Hatchery and Genetic Management Plans. The Committee remains concerned by the existing and growing backlog of 

these plans and encourages NOAA to continue contracting with the 

U.S. Fish and Wildlife Service, State Agencies, Tribes, and the 

Hatchery Scientific Review Group as appropriate to expedite approval. 

Electronic monitoring.—The recommendation includes 

$10,500,000, which is $3,500,000 above the request, for development and implementation of electronic monitoring and reporting 

technologies. Electronic technologies, such as e-logbooks and video 

monitoring systems, can significantly improve total catch measurement and reduce uncertainty in the data needed for stock assessments. 

Stock assessments.—The Committee recognizes that NOAA fisheries stock assessments are the cornerstone of fishery conservation 

and management measurements, but the current stock assessment 

data inputs must be improved. The Committee continues to provide 

significant funding to NOAA for fishery surveys and other activities in support of stock assessments, yet problems persist with the 

frequency of surveys, adequacy of the data, and the use of independent research in developing stock assessments. NOAA shall 

continue to provide quarterly briefings to the Committee on its 


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stock assessment program, to include but not be limited to, its 

process for determining its yearly data collection efforts, specific 

costs for each survey, and protocols for ingesting fishery independent data. 

Gulf of Mexico stock assessments.—The Committee recognizes the 

economic, cultural and recreational value of the Red Snapper fishery in the Gulf of Mexico. Within the amount provided for Fisheries 

Data Collections, Surveys and Assessments, $10,000,000 is provided for competitive awards to develop and implement agencyindependent innovative strategies and alternative methods to improve research, monitoring, and stock assessments of reef fish in 

the Gulf of Mexico. Agency independent data shall be incorporated 

into NOAA stock assessments as expeditiously as possible, and 

may include data from academia and fishermen, including fishery 

data collected on artificial reefs, offshore oil platforms and other 

offshore fixed energy exploration infrastructure. Not later than 60 

days after the enactment of this Act, NOAA shall report to the 

Committee on how new technologies and alternative methods will 

be used to accurately assess fish populations and how these data 

will be used for fishery management decisions. NMFS is directed 

to improve its communications with stakeholders on the stock assessment process and outcome. The Committee remains concerned 

about the negative impacts of the short recreational fishing season 

for Red Snapper in the Gulf of Mexico on the local economies the 

fishery supports. 

Protection of Native Anadromous Fish in the Stanislaus River, 

California.—The bill includes section 541, which directs the Secretary to implement a non-native predator fish research and pilot 

removal program on the Stanislaus River, California. The program 

shall include methods to quantify the number and size of predator 

fish removed each year, the impact of such removal on the overall 

abundance of predator fish, and the impact of such removal on the 

populations of juvenile anadromous fish found in the Stanislaus 

River by, among other things, evaluating the number of juvenile 

anadromous fish that migrate past the rotary screw traps located 

at Caswell and Oakdale. The program shall consider removal methods such as wire fyke trapping, portable resistance board weirs, 

and boat electrofishing. 

The Committee expects NMFS to work collaboratively with the 

districts on all aspects of the program, including scientists, research questions, experimental design, management, personnel, 

techniques, data collection, reporting, conduct, posting of data and 

having an independent review of the program upon completion. 

NMFS shall ensure compliance of all contractors and employees 

involved with the program, including an annual accounting of costs 

to be borne by the districts, and any prior year funds remaining or 

owed, and an annual timeline for data collecting and posting by 

December 1st of each year. 

Within 60 days of the enactment of this Act, NMFS shall report 

to the Committee on the progress it has made in establishing the 

pilot program, the status of engagement with the districts and the 

timeline for the pilot program. Within 180 days of completion of the 

pilot program NMFS and the districts shall submit to the Committee a final report evaluating the effectiveness of the program 


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and making recommendations for future nonnative predator fish 

research and removal work. 

Finally, the Committee has also provided language clarifying the 

program’s relationship to Title XXXIV of P.L. 102–575. 

Observers.—The Committee directs NMFS to continue working 

with regional fishery programs to adequately support at-sea and 

dockside monitoring for fisheries with approved catch share management plans. 

Fish Information Networks.—The Committee supports the Fish 

Information Networks, the State-Federal cooperative programs that 

coordinate data collection, data management, and informational 

management essential for accurate monitoring of commercial and 

recreational fishing impacts. Fish Information Networks shall be 

adequately funded within the level of funding provided for Fisheries Data, Collections, Surveys and Assessments. 

Southeast Area Monitoring and Assessment Program 

(SEAMAP).—SEAMAP is designed to collect, manage, and disseminate fishery-independent data in the southeastern U.S.to better inform management decisions. The Committee supports SEAMAP, 

and encourages NOAA to ensure it has adequate resources to complete its mission. 

Highly Migratory Species.—The Committee encourages NOAA to 

competitively award studies of highly migratory fish species in the 

Atlantic and Gulf of Mexico. These species could greatly benefit 

from improved, science-based management and conservation. Research funded could look at age and growth of highly migratory 

species, stock abundance, migratory patterns, and bycatch reduction technologies. 

Cooperative research.—The recommendation includes $12,000,000 

within Fisheries Data Collections, Surveys and Assessments for cooperative research, which shall be used to support external, independent data collection and other research. The Committee expects 

that all funding provided shall be used for cooperative fisheries research and not for NOAA activities or administrative overhead 

costs. NOAA shall submit a report no later than 90 days after enactment of this Act listing all cooperative research grants funded 

in fiscal year 2016, to include the amount, the fishery, the type of 

information collected, and the expected uses for that data. The 

Committee is concerned that cooperative research is not ingested 

into fishery stock assessments in a timely manner. The report shall 

address NOAA procedures and timeframes for making use of this 

independent fisheries research. 

Horseshoe crabs.—While funding was identified for the 2016 

horseshoe crab survey, continuing this survey in fiscal year 2017 

is important for the management of this species. NOAA shall work 

to continue the survey of the horseshoe crab population to generate 

the data necessary to ensure that the horseshoe crab stock remains 

on a sustainable path. 

Atlantic Striped Bass fishery.—The Committee supports the continued development of a sex specific stock assessment model. States 

produce valuable data on Atlantic Striped Bass, and the Committee 

supports the inclusion of this data in population estimates as appropriate. NOAA shall report to the Committee on these efforts 

within 180 days of enactment of this Act. 


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Salmon Management.—The Committee supports NOAA’s ongoing 

work on salmon genetic stock identification research, including efforts in collection, analysis and testing of methods to identify and 

track the location of Federally protected stocks in the wild, and 

provides $2,000,000 for these efforts. Additionally, within the 

amounts provided for Salmon Management, $13,000,000 is available for the Pacific Salmon Treaty. 

Megafauna tagging studies.—The Committee encourages NMFS 

to pursue satellite and acoustic tagging studies of megafauna, such 

as sharks and rays, in partnership with National Marine Sanctuaries, to track local and regional movement of these animals for 

sanctuary management. 

Oceanic and Atmospheric Research.—The Committee recommendation includes $437,625,000 for Oceanic and Atmospheric 

Research (OAR) operations, research, and facilities. Given continued resource constraints, it is incumbent on NOAA to ensure that 

its research programs support the operational mission of each 

NOAA line office and that research efforts are an integral component in meeting line office program goals and milestones. 

OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH 

Operations, Research, and Facilities 

(In thousands of dollars) 

Program Amount 

Climate Research 

Laboratories and Cooperative Institutes ................................................................................................. $50,000 

Regional Climate Data and Information ................................................................................................. 38,000 

Climate Competitive Research, Sustained Observations and Regional Information ............................. 40,000 

Climate Research .............................................................................................................................................. 128,000 

Weather and Air Chemistry Research 

Laboratories and Cooperative Institutes ................................................................................................. 80,000 

U.S. Weather Research Program .............................................................................................................. 8,000 

Tornado Severe Storm Research/Phased Array Radar ............................................................................ 13,158 

Joint Technology Transfer Initiative ......................................................................................................... 17,000 

Weather and Air Chemistry Research ............................................................................................................... 118,158 

Ocean, Coastal and Great Lakes Research 

Laboratories and Cooperative Institutes ................................................................................................. 25,000 

National Sea Grant College Program ...................................................................................................... 64,000 

Marine Aquaculture Program ................................................................................................................... 2,000 

Ocean Exploration and Research ............................................................................................................. 36,000 

Integrated Ocean Acidification ................................................................................................................ 10,500 

Sustained Ocean Observations and Monitoring ...................................................................................... 41,823 

Ocean, Coastal and Great Lakes Research ...................................................................................................... 179,323 

High Performance Computing Initiatives ......................................................................................................... 12,144 

Total, Office of Oceanic and Atmospheric Research, Operations, Research, and Facilities .......................... $437,625 

Regional Climate Data and Information.—Within amounts provided for Regional Climate Data and Information, the recommendation includes $13,500,000 for the National Integrated Drought Information System (NIDIS) to support competitive research grants, 

maintain existing NIDIS activities, and develop and expand the Regional Drought Early Warning Information System. 


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Independent analysis.—NOAA is encouraged to increase funding 

for academia to perform independent climate model evaluation 

studies and to enable the production of atmospheric data sets from 

satellite observations for such studies. Satellite observations of the 

atmosphere provide information that is critical in the interpretation of Earth-based observations and in the evaluation and improvement of climate model simulations. 

Weather and Air Chemistry Research.—The Committee includes 

$118,158,000 for Weather and Air Chemistry Research, an increase 

of $15,000,000 above fiscal year 2016, and encourages NOAA to 

continue research efforts that lead to near-term, affordable, and attainable advances in observational, computing, and modeling capabilities to deliver substantial improvements in weather forecasting 

for the protection of life and property. NOAA shall substantially accelerate the transition of its research to operations in ways easily 

adopted by the operational forecasting community. 

Joint Technology Transfer Initiative.—The recommendation includes $17,000,000 to expand the Joint Technology Transfer Initiative established in fiscal year 2016. These activities should be coordinated with the activities of OAR’s U.S. Weather Research Program and the National Weather Service’s Science and Technology 

Integration Program. 

Multi-Function Phased Array Radar (MPAR) Program.—The 

Committee recognizes the importance of the MPAR program in the 

development and implementation of the next generation weather 

and aircraft radar network. The Committee directs NOAA to maintain its role in the MPAR research and development effort and encourages the continued work on a memorandum of understanding 

between NOAA, the Federal Aviation Administration, the Department of Defense and the Department of Homeland Security that 

delineates each agency’s needs regarding function and timeline of 

a joint MPAR system. 

Severe weather studies.—The Southeastern United States commonly experiences devastating tornadoes under variables and conditions that differ considerably from the conditions in other areas. 

OAR shall continue, at no less than the current year level, the Vortex-SE initiative to better understand how environmental factors 

that are characteristic of the Southeast United States affect the 

formation, intensity and storm path of tornadoes for this region. 

Laboratories and Cooperative Institutes.—The Committee recognizes the important role that the coordinated NOAA Laboratories 

and Cooperative Institutes play in fulfilling NOAA’s Mission Goals 

and Strategic Plan. To continue to fulfill NOAA’s mission, NOAA 

should enhance its support of advanced monitoring and predictive 

modeling to explore deep water issues and their effect on the U.S. 

coastline. The Committee encourages NOAA to expand the role Cooperative Institutes play in fulfilling this role, and to consider how 

additional Cooperative Institutes, or consortia partners, could 

strengthen NOAA’s ability to support this monitoring and modeling. 

Ocean Exploration and Research.—The Committee recommends 

$36,000,000 for Ocean Exploration and Research. NOAA’s ocean exploration program should continue to conduct fundamental exploration and surveys of the world’s oceans with a primary focus on 

America’s Exclusive Economic Zones of the Continental United 


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States, Alaska, Puerto Rico, Hawaii, the U.S. Virgin Islands and 

the Pacific Territories. The Committee encourages NOAA to continue ocean exploration in which open source data are collected in 

real-time through tele-presence technology. The Committee encourages NOAA to emphasize areas for exploration that may be of interest to NOAA laboratories, including deep water regions of marine protected areas. The Committee encourages NOAA to partner 

with non-government organizations, academic institutions, and 

other government agencies including the National Science Foundation, in these activities and, to the extent appropriate, share costs 

with these partners. The Committee looks forward to receiving the 

report required in fiscal year 2016 on this topic. 

Supporting the mapping and cataloguing of mineral wealth.— 

The Committee directs NOAA to continue and expand its important 

work of mapping the Extended Continental Shelf, which provides 

significant assistance in the assessment, identification, analysis 

and cataloguing of mineral wealth and rare earth elements, done 

by the United States Geological Survey and the Bureau of Ocean 

Energy Management. 

Integrated Ocean Acidification Research.—The Committee encourages NOAA, in coordination with the Office of Science and 

Technology Policy, to implement a program to competitively award 

prizes under the Stevenson-Wydler Technology Innovation Act of 

1980 (15 U.S.C. 3719) to stimulate innovation to advance the understanding, research, or monitoring of ocean acidification or its 

impacts; or to develop management or adaptation options for responding to ocean acidification. In prize competitions, the Committee encourages NOAA to prioritize communities, environments, 

or industries that are in distress due to the impacts of ocean acidification. 

Adaptation and mitigation for ocean acidification.—The Committee encourages NOAA to continue to develop ocean monitoring 

and modeling capabilities, as well as vulnerability assessments, 

necessary to support research on innovative methods to mitigate 

and adapt to ocean acidification, such as biological uptake and iron 

fertilization. As GAO noted in its 2014 report on ocean acidification, the Federal Government has yet to develop adaptation and 

mitigation strategies as required by the Federal Ocean Acidification Research and Monitoring Act of 2009. The Committee encourages NOAA to actively pursue the research necessary to develop 

these strategies. Additionally the Committee encourages NOAA to 

convene an advisory board of representative stakeholders to direct 

research activities towards adaptation and mitigation. 

Mariculture.—Within Sea Grant, $1,000,000 is provided for a 

competitive award to develop advanced technology for open ocean 

agrarian mariculture in America’s Exclusive Economic Zone. 

Lionfish.—These invasive species have adverse effects on many 

local communities. The Committee encourages Sea Grant to seek to 

award competitive grants to address issues related to management 

of these species. 

National Weather Service (NWS).—The Committee recommends 

$988,834,000 for NWS operations, research, and facilities, which is 

$12,327,000 above the request, to maintain critical capabilities to 

provide weather forecasts and warnings. Within the funds proVerDate Sep 11 2014 07:40 Jun 08, 2016 Jkt 020239 PO 00000 Frm 00020 Fmt 6659 Sfmt 6602 E:\HR\OC\HR605.XXX HR605

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vided, the Committee supports the proposed improvements for Integrated Water Prediction. 

NATIONAL WEATHER SERVICE 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Observations ..................................................................................................................................................... $222,996 

Central Processing ............................................................................................................................................ 98,388 

Analyze, Forecast and Support ......................................................................................................................... 485,931 

Dissemination ................................................................................................................................................... 49,563 

Science and Technology Integration ................................................................................................................. 131,956 

Total, National Weather Service, Operations, Research, and Facilities .......................................................... $988,834 

Analyze, Forecast, and Support.—The recommendation includes 

$485,931,000 for analyze, forecast, and support activities. The analyze, forecast, and support program funds the operation of the 

Weather Forecast Offices (WFOs), River Forecast Centers (RFCs), 

the seven National Centers and the Tsunami Warning Centers. 

The recommended level will support 24x7 weather surveillance, 

forecast and warning services, and operation of the service centers. 

The Committee does not support the proposed elimination of the 

National Tsunami Hazard Mitigation Program grants. 

Observations.—The recommendation includes $222,996,000 for 

observation activities. This funding supports surface, ocean and 

upper air observations, Next Generation Weather Radar 

(NEXRAD), the Automated Surface Observing System, ocean buoys 

and aircraft observations. 

NEXRAD Coverage Report.—NOAA shall complete a study on 

gaps in NEXRAD coverage. Within this study, NOAA shall identify 

areas in the United States with limited or no NEXRAD coverage 

below 6,000 feet above ground level of the surrounding terrain. 

NOAA should identify the effects on prediction of improved radar 

detection, and identify additional sources of observations for high 

impact weather that are currently available and operational for 

such areas. NOAA shall assess the feasibility and advisability of efforts to integrate and upgrade Federal radar capabilities and incorporate other non-NOAA radars into NWS operations in such areas, 

and the cost and timeline for carrying out such radar improvements. NOAA shall submit the study findings to the Committee 

within 180 days of enactment of this Act. Not later than 30 days 

after the completion of the study, NOAA shall develop a plan to improve radar coverage in the identified areas. 

Science and Technology Integration.—The recommendation includes $131,956,000 for Science and Technology Integration activities. This program funds NWS internal research and development 

activities in cooperation with other NOAA line offices, partner 

agencies, and external weather data customers. This level supports 

the proposed increase for an integrated approach to move from research to operations. 

Central Processing.—The recommendation provides $98,388,000 

for Central Processing including funds for the Advanced Weather 

Interactive Processing System, the Advanced Hydrologic Prediction 

System, modeling and supercomputing programs. The recVerDate Sep 11 2014 07:40 Jun 08, 2016 Jkt 020239 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\HR605.XXX HR605

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ommendation does not adopt the proposed reduction in information 

technology officers. 

Dissemination.—The recommendation includes $49,563,000 for 

Dissemination activities. This activity funds the communications 

technology that NWS uses to collect, tailor and distribute its data 

and products. Systems in this program include the telecommunications gateway, NOAA weather radio, and the satellite data 

ground readiness program. 

National Environmental Satellite, Data and Information Service 

(NESDIS).—The Committee recommends $230,062,000 for NESDIS 

operations, research, and facilities. The Committee recommendation includes proposed operational phase transfers for GOES–R, 

Jason–3 and DSCOVR. 

NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Environmental Satellite Observing Systems 

Satellite and Product Operations ............................................................................................................ $121,000 

NSOF operations ....................................................................................................................................... 14,000 

Office of Satellite and Product Operations ...................................................................................................... 135,000 

Product Development, Readiness and Application ........................................................................................... 32,355 

Commercial Remote Sensing Regulatory Affairs .................................................................................... 2,000 

Office of Space Commercialization ......................................................................................................... 2,000 

Group on Earth Observations .................................................................................................................. 500 

Environmental Satellite Observing Systems ..................................................................................................... 171,855 

National Centers for Environmental Information ............................................................................................. 58,207 

Total, National Environmental Satellite, Data and Information Service, Operations, Research, and Facilities ................................................................................................................................................................ $230,062 

Office of Satellite and Product Operations.—The recommendation 

includes $135,000,000 for the Office of Satellite and Product Operations. This activity funds the command and control of NOAA operational environmental satellites. 

Commercial Remote Sensing Regulatory Affairs.—The Committee 

expects timely compliance with Title II of Public Law 114–90, and 

adherence to other timeframes currently required under the regulation. 

NOAA Satellite Observing System Architecture.—NOAA shall 

brief the Committee on the results of this study, and associated 

proposed technology demonstrations, upon its completion in fiscal 

year 2017. The Committee encourages NOAA to include new and 

commercial technology insertion as part of this architecture study. 

National Centers for Environmental Information (NCEI).—The 

recommendation includes $58,207,000 for the NCEI. This program 

is the official data management entity for oceanographic, geophysical, and climatological information within the United States. 

The six Regional Climate Centers shall be funded at no less than 

their current operating level. The Committee supports NCEI’s long 


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term efforts in coastal data development to better understand historical trends, anomalies, and the frequency of event occurrences. 

Commercialization of Spectrum.—The budget request proposes to 

auction, or assign via fee, 1675–1680 MHz, a band of radio frequency spectrum that NOAA currently uses. The Committee notes 

the high value of spectrum assignments, and encourages NOAA to 

consolidate spectrum holdings where appropriate. Within 30 days 

of enactment of this Act, NOAA shall report to the Committee on 

its plans to make spectrum available for auction. 

Mission Support.—The recommendation includes $232,792,000 

for Mission Support operations, research, and facilities. The recommendation accepts proposed technical transfers for the David 

Skaggs Research Center and the Western Regional Center. 

MISSION SUPPORT 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Mission Support 

Executive Leadership ............................................................................................................................... $27,000 

Mission Services and Management ......................................................................................................... 124,811 

IT Security ................................................................................................................................................ 10,050 

Payment to DOC Working Capital Fund .................................................................................................. 46,500 

Mission Support ................................................................................................................................................ 208,361 

Office of Education 

BWET Regional Programs ........................................................................................................................ 5,000 

Education Partnership Program/Minority Serving Institutions ................................................................ 14,431 

NOAA Education Program Base ............................................................................................................... 5,000 

Office of Education ........................................................................................................................................... 24,431 

Total, Mission Support, Operations, Research and Facilities .......................................................................... $232,792 

Management and administrative costs.—The Committee notes 

that in addition to Mission Services, each line office also includes 

its own ‘‘Headquarters Program Support’’ costs. NOAA shall continue efforts to standardize the treatment of management and administrative costs in each line office in a manner that maximizes 

transparency and accountability, and reduce or eliminate unnecessary non-mission costs. The Committee also encourages NOAA to 

expeditiously dispose of vacant properties. 

Office of Education.—The Committee includes $24,431,000, 

$7,950,000 above the request, for NOAA’s education program. Of 

this amount, $14,431,000 is provided to continue the Educational 

Partnership Program with Minority Serving Institutions, and 

$5,000,000 is provided to continue the Bay-Watershed Education 

and Training (B-WET) regional programs. 

Office of Marine and Aviation Operations.—The recommendation 

includes $220,376,000 for the Office of Marine and Aviation Operations, operations, research and facilities. 


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OFFICE OF MARINE AND AVIATION OPERATIONS 

Operations, Research, and Facilities 

(in thousands of dollars) 

Program Amount 

Office of Marine and Aviation Operations 

Marine Operations and Maintenance ...................................................................................................... $184,376 

Aviation Operations and Aircraft Services .............................................................................................. 36,000 

Office of Marine and Aviation Operations ........................................................................................................ $220,376 

Relocation.—Within the level of funds provided, the Committee 

expects NOAA to sufficiently fund the relocation and rent costs associated with the forced move of the Aircraft Operations Center. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends a total program level of 

$2,230,635,000 in direct obligations under this heading, of which 

$2,217,635,000 is appropriated from the general fund and 

$13,000,000 is derived from recoveries of prior year obligations. 

The direct appropriation is $182,781,000 below fiscal year 2016 and 

$52,488,000 below the request. 

The following narrative descriptions and tables identify the specific activities and funding levels included in this Act. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION 

(in thousands of dollars) 

Program Amount 

National Ocean Service 

National Estuarine Research Reserve Construction ................................................................................ $1,350 

Marine Sanctuaries Construction ............................................................................................................ 1,650 

Total, National Ocean Service - PAC ................................................................................................................ 3,000 

Office of Oceanic and Atmospheric Research 

Research Supercomputing/CCRI ..................................................................................................... $26,379 

National Weather Service 

Observations ................................................................................................................................... 32,755 

Central Processing .......................................................................................................................... 66,761 

Dissemination ................................................................................................................................. 34,619 

Subtotal, Natonal Weather Service, Systems Acquisition ....................................................................... 134,135 

Weather Forecast Office Construction ............................................................................................ 8,650 

Total, National Weather Service - PAC ............................................................................................................. 142,785 

National Environmental Satellite, Data and Information Service 

GOES R ............................................................................................................................................ 752,784 

Polar Follow-on ............................................................................................................................... 370,000 

Space Weather Follow-on ................................................................................................................ 2,500 

Jason-3 ............................................................................................................................................ 4,357 

Joint Polar Satellite System (JPSS) ................................................................................................ 787,246 

Solar Irradiance, Data and Rescue ................................................................................................ 500 

DSCOVR ........................................................................................................................................... 3,745 

COSMIC–2/GNSS–RO ....................................................................................................................... 16,200 

Satellite Ground Services ................................................................................................................ 58,025 

System Architecture and Advanced Planning ................................................................................ 4,929 


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PROCUREMENT, ACQUISITION AND CONSTRUCTION—Continued 

(in thousands of dollars) 

Program Amount 

Projects, Planning, and Analysis .................................................................................................... 28,700 

Commercial Weather Data Pilot ..................................................................................................... 6,000 

Subtotal, NESDIS Systems Acquisition .................................................................................................... 2,034,986 

Satellite CDA Facility ...................................................................................................................... 2,228 

Total, NESDIS - PAC ......................................................................................................................................... 2,037,214 

Mission Support 

NOAA Construction ................................................................................................................................... 4,557 

Office of Marine and Aviation Operations 

Fleet Capital Improvements and Technology Infusion ............................................................................ 16,700 

Total, Procurement, Acquisition and Construction ........................................................................................... $2,230,635 

National Ocean Service (NOS).—The recommendation includes 

$3,000,000 for National Ocean Service procurement, acquisition 

and construction. 

National Weather Service (NWS).—The recommendation includes 

$142,785,000 for NWS procurement, acquisitions and construction, 

as requested. 

NEXRAD.—Within amounts for Observations, the recommendation includes the planned increase to continue the Service Life Extension Program to extend the useful life of the NEXRAD weather 

radar infrastructure through 2030. The Committee notes that 85 

percent of all tornado warnings are based on radar detections. 

NWS Facilities.—The recommendation includes $8,650,000, as 

requested, to construct and provide for major repairs to Forecast 

Offices and other government owned weather facilities, including 

Weather Forecast Offices, River Forecast Centers, Weather Service 

Offices, National Centers and Tsunami Warning Centers. NOAA 

shall brief the Committee, no later than 180 days after enactment 

of this Act, on the status of the NOAA Facilities Condition Assessment and the implementation of the Facilities Strategic Plan. 

National Environmental Satellite, Data and Information Service.—The recommendation includes $2,037,214,000 for NESDIS 

procurement, acquisition and construction. The Committee recommendation continues to focus its limited resources on the Joint 

Polar Satellite System (JPSS) and Geostationary Operational Environmental Satellite (GOES) programs in light of their role in ensuring accurate and timely weather forecasts and warnings. The 

Committee continues to be concerned with the challenges that 

plague these programs, which have been identified by the GAO, 

OIG, and the NESDIS Independent Review Team (IRT). The Committee expects the Department of Commerce to ensure that these 

critical programs are proceeding within the cost estimates and 

meeting program milestones. The Committee expects to be notified 

promptly if any issues arise that could jeopardize the current 

launch schedules. The Department of Commerce and NOAA shall 

remain engaged in the overall management of JPSS, GOES and 

Polar Follow On (PFO) programs and efforts to develop solutions 

to mitigate any gaps in either JPSS or GOES programs and to adVerDate Sep 11 2014 07:40 Jun 08, 2016 Jkt 020239 PO 00000 Frm 00025 Fmt 6659 Sfmt 6602 E:\HR\OC\HR605.XXX HR605

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dress the fragility of the JPSS program. NOAA shall continue to 

provide quarterly briefings to the Committee regarding all NOAA 

satellite programs. These briefings shall include the status of obligations for each program, including spacecraft, launch, sensor, integration, and ground components, and proposed changes to the fly 

out charts. NOAA shall also include in these briefings updates on 

all of its operational satellite systems. 

Oversight.—The Committee reiterates its desire to ensure that 

OIG and GAO staff are permitted at NOAA’s monthly satellites 

meetings. To further aid the Committee in its oversight function, 

NOAA shall include biannual updates to the Committee regarding 

the status of implementing OIG, GAO, and IRT recommendations 

for NOAA’s satellite programs. 

Independent Review Team.—The Committee supports NOAA’s 

plan to initiate another IRT review of NOAA’s satellite programs. 

With the submission of the fiscal year 2018 budget request, NOAA 

shall submit to the Committee the IRT’s independent assessment, 

which shall include a review of NOAA’s satellite enterprise, in addition to a review of NESDIS’ updated strategic plan. 

Joint Polar Satellite System.—The recommendation includes 

$787,246,000 for JPSS, the requested amount. This level of funding 

will support the planned launch of JPSS–1 no later than the second 

quarter of fiscal year 2017. The Committee is concerned by ground 

system delays, which are increasing risk to the JPSS–1 launch 

readiness, and expects to be kept fully informed of progress on the 

Block 2 Ground System validation and any proposed changes to 

testing or completion. 

JPSS gap mitigation.—The Committee remains concerned about 

the potential polar satellite data gap and expects NOAA to continue to prepare for the potential data gap. Within 30 days of enactment of this Act, NWS shall brief the Committee on associated 

contingency plans, as recommended in OIG–16–026–1. 

Polar Follow On (PFO).—The Committee funds PFO at 

$370,000,000, equal to the fiscal year 2016 enacted amount and 

$23,000,000 below the request. The Committee is concerned that 

NOAA has not provided a Life Cycle Cost or an Independent Cost 

Estimate for PFO to the Committee, and the schedules of PFO remain uncertain. At the same time, NOAA has awarded the sensor 

and spacecraft contracts for PFO. NOAA shall report quarterly to 

the Committee on the steps it has taken to address the findings of 

OIG–16–026–1, The Joint Polar Satellite System: Further Planning 

and Executive Decisions are Needed to Establish a Long-Term, Robust Program. As a follow on to the JPSS program, the Committee 

expects NOAA to be able to significantly reduce the risk and costs 

associated with these satellites. The recommendation includes 

funds for the Earth Observing Nanosatellite-Microwave mission. 

Geostationary Operational Environmental Satellite–R (GOES– 

R).—The recommendation includes $752,784,000 for the GOES–R 

program, as requested. The Committee is disappointed that the 

GOES–R satellite launch slipped by another six months. NOAA 

shall continue to provide updates to the Committee regarding the 

status of this program to include the on-orbit GOES satellites, 

schedule risk and margin, and any proposed changes to fly out 

charts. 


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Flyout Charts for GOES and JPSS.—NOAA’s flyout charts are 

an important tool in helping the Committee analyze proposed plans 

and funding levels for NOAA’s critical weather satellite programs. 

The Committee expects these charts to be based on, among other 

factors, assessments of the health of operational satellites; the anticipated future availability of operational satellites; the results of 

regular satellite availability assessments; historical satellite performance; design life; and planned programs. The Committee expects any changes to these charts to be internally and externally 

vetted. NOAA’s flyout charts should reflect NOAA’s operational assessments and robustness planning for critical weather satellite 

programs. 

Constellation Observing System for Meteorology, Ionosphere, and 

Climate–2 (COSMIC–2)/Global Navigation Satellite System—Radio 

Occultation (GNSS–RO).—NOAA should prioritize competitively 

purchased commercial weather data as the method to acquire new 

radio occultation data. NOAA shall submit a specific spend and 

project plan to the Committee for COSMIC–2/GNSS–RO, that demonstrates that NOAA has thoroughly reviewed potential commercial radio occultation data sources. If the plan proposes moving forward with additional COSMIC–2 satellites, the plan shall include 

the total cost to the U.S. government of developing, procuring, 

launching and operating COSMIC–2 Polar Orbiting Satellites, including how they would be launched and what Federal agency 

would incur that cost. Funds for COSMIC–2/GNSS–RO are not 

available for obligation until this plan has been submitted to, and 

reviewed by, the Committee. 

Commercial satellite weather data.—The Committee is pleased 

that NOAA proposes to continue and expand the Commercial 

Weather Data Pilot. The Committee provides $6,000,000 to ensure 

NOAA has the resources necessary to thoroughly assess commercial data opportunities. 

PACIFIC COASTAL SALMON RECOVERY

The Committee recommends $65,000,000 for Pacific Coastal 

Salmon Recovery, which is the same as fiscal year 2016 and the request. In addition, the accompanying bill includes language that requires all funds to be allocated based on scientific and merit principles and prohibits the availability of funds for marketing activities. Bill language is included requiring a 33 percent match for 

States. 

FISHERMEN’S CONTINGENCY FUND

The Committee recommends $350,000 for the Fishermen’s Contingency Fund, which is the same as fiscal year 2016 and the request. This Fund is available to compensate U.S. commercial fishermen for damage or loss caused by obstructions related to oil and 

gas exploration, and is derived from fees collected by the Secretary 

of the Interior. 

FISHERIES FINANCE PROGRAM ACCOUNT

The Committee recommends language under this heading lim- iting obligations of direct loans to $24,000,000 for Individual Fishing Quota loans and $100,000,000 for traditional direct loans. 


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DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The Committee recommends $58,000,000 for Departmental Management, which is equal to the fiscal year 2016 enacted and 

$16,503,000 below the request. 

Cybersecurity.—The Secretary is directed to submit quarterly reports to the Committee on the Department’s activities to improve 

its cybersecurity including updates on addressing the Inspector 

General’s cybersecurity concerns. 

World Exposition.—The Secretary of Commerce shall provide the 

necessary reports for any international expositions proposed to be 

held in the United States prior to the President making a national 

interest determination pursuant to the requirements of Public Law 

91–269. 

RENOVATION AND MODERNIZATION

The recommendation includes $4,000,000 for the Department’s 

cost of the Herbert C. Hoover Building renovation and modernization which is $15,062,000 below fiscal year 2016 and $8,224,000 

below the request. The recommendation prioritizes funding for life 

safety systems and security improvements. 

OFFICE OF INSPECTOR GENERAL

The Committee recommends $35,000,000 for the Office of Inspector General (OIG), which is $3,000,000 above fiscal year 2016 and 

$2,167,000 below the request. The recommendation also includes 

transfers of $2,580,000 from the Census Bureau, $1,302,000 from 

NOAA, and $2,000,000 from PTO for OIG oversight of those activities. 

The Committee expects the OIG to continue its oversight work 

on cybersecurity, satellite procurements, telework, patent quality, 

and the decennial census. 

Security.—The Committee is concerned about potential violations 

of security-related laws, regulations and policies at the National Institute of Standards and Technology (NIST), especially cases involving the inappropriate access of foreign nationals to NIST facilities or information systems. The Committee supports the thorough 

investigation and pursuit of criminal and administrative remedies 

for such violations and in fiscal year 2016 directed the OIG to undertake a review of NIST security and foreign national access. The 

OIG shall provide the Committee with a copy of its assessment 

when it is completed. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends the following general provisions for 

the Department of Commerce: 

Section 101 makes funds available for advanced payments only 

upon certification of officials designated by the Secretary that such 

payments are considered to be in the public interest. 


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Section 102 makes appropriations for the Department available 

for hire of passenger motor vehicles, for services, and for uniforms 

and allowances as authorized by law. 

Section 103 provides the authority to transfer funds between Department of Commerce appropriation accounts and requires notification to the Committee of certain actions. 

Section 104 extends congressional notification requirements for 

NOAA satellite programs. 

Section 105 provides for reimbursement for services within Department of Commerce buildings. 

Section 106 clarifies that grant recipients under the Department 

of Commerce may continue to deter child pornography, copyright 

infringement, or any other unlawful activity over their networks. 

Section 107 provides the NOAA Administrator with the authority 

to avail NOAA of needed resources, with the consent of those supplying the resources, to carry out responsibilities of any statute administered by NOAA. 

Section 108 prohibits the National Technical Information Service 

from charging for certain activities. 

TITLE II 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends $115,000,000 for Department of 

Justice, General Administration, Salaries and Expenses, which is 

$3,500,000 above fiscal year 2016 and $10,896,000 below the request. Within the funding provided, the Committee encourages the 

Department to fund the Justice Management Division at a level 

that sustains its management and administrative support of the 

Department’s missions. 

Third-party settlement payments.—The Committee understands a 

multi-year congressional investigation has revealed that in some 

cases the Department is requiring settling defendants to donate 

money to third-party advocacy or activist groups. These payments 

occur entirely outside of the congressional appropriations and oversight process. Accordingly, section 539 prohibits the Department 

from entering into a civil settlement agreement in which a defendant is required to make a donation to a third-party that is not a 

victim of the defendant’s alleged unlawful activity. For the purposes of section 539, the term ‘‘donation’’ shall not be construed to 

prohibit any payment by a party to provide restitution for or otherwise remedy the actual harm, directly and proximately caused by 

the alleged conduct of the party, which is the basis for the agreement. The prohibition does not bar payments, upon invoice, to an 

organization or individual for services rendered to redress, mitigate 

or otherwise remediate the actual harm directly and proximately 

caused by a defendant’s allegedly unlawful conduct. 

Spending plans and status of balances.—The Department has alternative funding sources that lie largely outside the discretionary 

appropriations process, as described in the 2015 Government Accountability Office report, GAO–15–48: Department of Justice 


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(DOJ) Alternative Sources of Funding in Fiscal Year 2013. To fulfill 

its oversight responsibilities, the Committee needs to be informed 

about all such funding resources. Therefore the Department shall 

include with future congressional budget justifications a breakout 

of these funds by prior, current and budget years for, respectively, 

actual, estimated, and requested amounts assumed in the proposed 

budget; and identify funding by agency, purpose, and source of 

funding. 

For the annual spending plan required by section 532, the Department shall include details on all non-appropriated funds the 

Department expects to obligate by agency and purpose. These nonappropriated funds include, but are not limited to: Working Capital 

Fund balances, including retained earnings and unobligated balance transfers, civil debt collection proceeds, Assets Forfeiture 

Fund (AFF) balances, and Criminal Justice Information Services 

fingerprint checks fees. The plan shall also report expected fund receipts and carryover balances, as well as full-time equivalent (FTE) 

positions to be funded through them, and clearly identify resources 

that supplement or supplant discretionary appropriations. The 

Committee expects deviations from the approved spending plan to 

be subject to the reprogramming requirements of section 505 of the 

Act, if they exceed threshold increases for on-going activities, or 

represent new or multi-year initiatives. Finally, the Department is 

directed to submit a quarterly report on the status of AFF and 

Three Percent Fund collections, and to devise a methodology for 

projecting and reporting anticipated future year collections. The 

Committee expects that AFF funding will have a demonstrated 

nexus to potential forfeiture actions, and will not be used to fund 

law enforcement operations that can be addressed through the regular budget and appropriation process. 

Active shootings and technology.—The Committee is aware of developments in networked gunshot detection system technology, and 

encourages the DOJ to integrate such systems into first responder 

active shooter training to evaluate system effectiveness and develop 

best practices. The Department is encouraged to work with the 

General Services Administration to determine how such systems 

could augment security and enhance capabilities to respond to active shooter situations inside Federal facilities, and to coordinate 

efforts with the Department of Homeland Security’s Federal Law 

Enforcement Training Center and Center for Domestic Preparedness. 

Cyber-stalking and threat crimes.—The Committee is aware of 

concerns regarding increased instances of severe harassment, stalking, and threats transmitted in interstate commerce in violation of 

Federal law. Such targeted attacks against Internet users, particularly women, have resulted in the release of personal information, 

forced individuals to flee their homes, had a chilling effect on free 

expression, and limited access to economic opportunity. The Committee strongly urges the Department to intensify its efforts to 

combat this destructive abuse and expects to see increased investigation and prosecution of these crimes. 

War crimes and human rights.—The Committee notes that the 

fiscal year 2015 annual Federal Bureau of Investigation (FBI) 

Human Rights report described progress made by the FBI International Human Rights Unit (IHRU), the successor to its Genocide 


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War Crimes Program, and its partners in law enforcement, intelligence and prosecution, in the campaign to identify, investigate 

and prosecute perpetrators of serious human rights violations. The 

Committee is pleased IHRU has increased staffing, has established 

active outreach in all FBI field offices, and is training field office 

personnel. The Committee also notes IHRU collaboration with its 

Federal partners in the Criminal Division, the Departments of 

Homeland Security and State, and the Intelligence Community, as 

well as with foreign counterparts and nongovernmental organizations have resulted in a growing number of active, complex and 

transnational investigations. The Committee directs the FBI and 

the Department of Justice to submit an updated annual report for 

fiscal year 2016 with its fiscal year 2017 budget request. 

The report concludes that human rights violation cases often 

have complex, transnational connections, and investigations of 

them are hampered by ambiguous or missing historical records, a 

matter of immediate concern in the context of human rights violations by the Islamic State (ISIL). The Committee applauds the Administration for its recent designation of the atrocities perpetrated 

by ISIL against Christians, Yezidis, and other religious and ethnic 

minorities in Iraq and Syria as war crimes, crimes against humanity, and genocide under the terms of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, 

which was signed and ratified by the United States. This designation builds on the unanimous vote by the House of Representatives 

in March that such crimes constitute war crimes, crimes against 

humanity and genocide. 

To ensure this designation results in Federal government enforcement action, the Committee directs the Department, in cooperation with the FBI and Department of State, to lead a task 

force of prosecutors and law enforcement to review legal options 

available under Federal law and any international treaties of 

which the U.S. is party for the prosecution of ISIL members, those 

seeking to join ISIL and others providing material support to ISIL, 

as well as recommendations for changes to the United States Code 

to strengthen prosecution of these crimes against humanity. A report on the task force conclusions, to be submitted to the Committee and the Attorney General not later than 180 days after enactment of this Act, should address how anti-terrorism and war 

crimes statutes can be used in conjunction for prosecution, and review past cases when these laws have been used successfully to 

prosecute and convict genocidaires. 

Sole sourcing of equipment and scientific instruments.—The Committee urges the Department to employ full and open competition 

in any procurement or upgrade of law enforcement equipment, to 

include scientific instruments and specialized communication 

equipment. 

Trafficking and transport of children.—The Committee expects 

the Attorney General to ensure the Innocence Lost National Initiative enhances capabilities of State and local law enforcement officers to detect, investigate and prosecute those who patronize or solicit children for sex; and that all Initiative-funded task forces and 

DOJ agencies increase efforts to deter and punish child labor trafficking. The Committee also expects the Department to implement 


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provisions of section 1088 of Public Law 112–239, regarding female 

genital mutilation. 

Extraditions for return of American children.—The Department 

is directed to prioritize international child abduction cases, in coordination with the Secretary of State and left behind parents who 

have requested Department of Justice involvement. 

Illegal use of body armor.—The Committee is concerned with the 

use of body armor in criminal activity, and directs the Department 

to conduct a review of such usage in criminal activity, and available data on such crimes. The Department shall report to the Committee not later than 180 days after the enactment of this Act on 

the results. 

Identity theft.—Identity theft and related crime have a substantial impact on individuals, families, communities and our national 

economy. The Committee directs the Department to conduct a strategic review of identity theft and fraud in cooperation with the Federal Trade Commission. In addition, the review shall include the 

status of prosecutions and any other relevant information related 

to Internal Revenue Service impersonation scams. 

Body-worn cameras.—The Committee supports the Department’s 

provision of grant funding to State, local and tribal law enforcement agencies for the procurement of body-worn cameras. The 

Committee encourages the Department to develop and promulgate 

policies, procedures and guidance to Federal agencies for the procurement and deployment of body-worn cameras in Federal law enforcement units. 

Interagency coordination.—The Committee directs the Department to coordinate with the Department of Homeland Security and 

designate a liaison to assist communities affected by a terrorist attack in navigating through Federal government assistance programs. 

Conferences.—The Committee understands that OMB Memorandum M–0912–12 called for agencies to reduce travel expenses 

30 percent compared to the fiscal year 2010 level, and limit conference spending. The Committee expects the Department of Justice to minimize conferences and limit conference expenses to those 

necessary to carry out the mission of the Department. The Committee expects the Department to make conference location decisions based on transparency, accountability and best value in the 

use of appropriated funds. 

JUSTICE INFORMATION SHARING TECHNOLOGY

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $40,000,000 for Justice Information 

Sharing Technology, which is $9,000,000 above fiscal year 2016 and 

$17,561,000 below the request. The Committee supports the Department’s efforts to enhance its cybersecurity, and has therefore 

continued to include bill language providing the Department discretion and flexibility to transfer available Departmental funds to 

meet needs for IT transformation and cybersecurity, subject to the 

reprogramming procedures included in this Act. 


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EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $457,154,000 for the Executive Office for Immigration Review (EOIR), of which $4,000,000 is from 

immigration examination fees. The recommendation is $29,003,000 

above the request. The recommendation will support 25 additional 

immigration judge (IJ) teams. In addition, the recommendation includes a $1,706,000 program increase for the modernization of mission critical systems and a $5,727,000 program increase for infrastructure improvements. The recommendation sustains the current 

legal orientation program and related assistance, such as the information desk pilot. The recommendation does not include any funding to establish or fund a legal representation program. 

Assuring immigration regulation helps optimize strong enforcement.—The Committee is concerned with the pace of hiring and 

onboarding Immigration Judges funded in fiscal years 2015 and 

2016, and expects the Department to accelerate the recruitment, 

background investigation and placement of IJ teams to areas that 

have the highest workload. The Committee is alarmed that despite 

the increased resources provided to EOIR in fiscal years 2015 and 

2016, the median days pending for a detained immigration case is 

71 days and the median days pending for a non-detained case is 

665 days. While the Committee understands that factors outside 

the control of Immigration Judges can affect case length, these median case times are unacceptable. The Committee directs EOIR to 

establish a goal that by the end of the fiscal year 2017 the median 

days pending of detained cases be no longer than 60 days, and the 

median length for non-detained cases be no longer than 365 days. 

To monitor the progress in this effort, the Committee directs EOIR 

to continue to provide monthly reporting on EOIR performance and 

IJ hiring as specified in the statement accompanying the fiscal year 

2016 Omnibus Appropriation Act. 

Court space.—The recommendation fully funds the request for 

additional court infrastructure and expects EOIR to use these 

funds fully to ensure that additional IJ teams have the necessary 

court space. However, the Committee is concerned that EOIR is not 

using all available EOIR or Department of Homeland Security 

(DHS) space. EOIR is directed to provide a report to the Committee 

within 90 days of enactment of this Act outlining its utilization of 

existing EOIR and DHS space and its plans for acquiring additional space in order to accommodate additional Immigration 

Judges. 

Visa overstay cases.—The Committee directs EOIR to submit a 

report, no less than 60 days after enactment of this act, and 

monthly thereafter, detailing the number of instances of visa overstay cases that have been adjudicated through the court system, 

and recommend steps to take in coordination with other agencies 

to streamline visa overstay adjudication procedures. 

To better understand the policy and practice of immigration 

courts in setting detainee bonds, the Committee directs the Executive Office for Immigration Review (EOIR) to report within 120 

days of enactment on how immigration judges use ‘‘ability to pay’’ 

criteria in determining the amounts of bonds, and the process for 

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clude for fiscal years 2012–2016 the number of requests for reconsideration or appeals of bond amounts; how many requests or appeals resulted in reductions in bonds; and how many detainees did 

not pay bond set by an immigration judge. 

OFFICE OF THE PARDON ATTORNEY

The Committee recommends $4,496,000 for the Office of the Pardon Attorney. The recommendation is $4,797,000 below the requested level. 

OFFICE OF INSPECTOR GENERAL

The Committee recommends $93,709,000 for the Office of Inspector General (OIG), which is the same as fiscal year 2016 and 

$4,105,000 below the request. 

The Committee has heard concerns that Asian Americans and 

Pacific Islanders have been profiled by Department of Justice investigators and prosecutors on the basis of race and national origin, 

including in espionage and trade secret cases. The Committee expects the Department of Justice Office of Inspector General to assess whether there exists a pattern or practice of using race, national origin, and other civil rights classifications to target Federal 

employees and other Americans; report on any allegations of civil 

rights or civil liberties violations committed by DOJ employees in 

its semiannual reports to Congress as required by Section 1001 of 

the USA PATRIOT Act (Public Law 107–56); and if such patterns 

or practices are found to exist, to describe steps the Department 

has taken to address them. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

The Committee recommends $13,308,000 for the United States 

Parole Commission, which is the same as fiscal year 2016 and 

$692,000 below the request. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

The Committee recommends $893,000,000 for General Legal Activities, which is the same as fiscal year 2016 and $64,423,000 

below the request. The Committee has provided separate funding 

recommendations by decision unit as follows: 

Office of the Solicitor General ............................................................................................................................. $11,885,000 

Tax Division .......................................................................................................................................................... 106,979,000 

Criminal Division .................................................................................................................................................. 181,745,000 

Civil Division ........................................................................................................................................................ 292,214,000 

Environmental and Natural Resources Division .................................................................................................. 107,089,000 

Office of Legal Counsel ........................................................................................................................................ 7,989,000 

Civil Rights Division ............................................................................................................................................. 148,239,000 

INTERPOL Washington .......................................................................................................................................... 36,860,000 

Total, General Legal Activities .................................................................................................................... $893,000,000 

Within the funding provided, the Criminal Division shall 

prioritize funding to address the backlog in handling Mutual Legal 


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Assistance Treaty (MLAT) requests. Also within the funding provided, the Committee supports the International Criminal Investigative Training Assistance Program and Office of Overseas Prosecutorial Development Assistance and Training programs to develop stronger relationships with foreign law enforcement and prosecutorial counterparts. 

Human trafficking.—The Civil Rights Division shall prioritize 

funding for the Human Trafficking Prosecution Unit and the Department’s Anti-Trafficking Coordination Teams to investigate and 

prosecute human traffickers. The Committee directs the Department to work with victim service providers and non-governmental 

organizations assisting trafficking victims in the United States. 

Group Homes, Local Land Use, and the Fair Housing Act (Joint 

Statement).—The Committee is aware that the Attorney General is 

in the process of updating the 1999 Joint Statement on Group 

Homes, Local Land Use, and the Fair Housing Act. The Committee 

stresses the importance of the Attorney General coordinating with 

the Secretary of Housing and Urban Development to complete this 

process in a timely manner and recognizing or defining the role of 

State or local government in defining zoning ordinances, licensing, 

and registration requirements regarding sober homes. 

Deinstitutionalization.—The Committee notes the nationwide 

trends towards deinstitutionalization of patients with intellectual 

or developmental disabilities in favor of community-based settings. 

The Committee also notes that in Olmstead v. L.C. (1999), a majority of the Supreme Court held that the Americans with Disabilities 

Act does not condone or require removing individuals from institutional settings when they are unable to handle or benefit from a 

community-based setting, and that Federal law does not require 

the imposition of community-based treatment on patients who do 

not desire it. The Committee notes that the Department of Health 

and Human Services Appropriations Act, 2016 requires notification 

of affected individuals of their legal rights in this regard. 

Civil rights division, voting section.—The Committee looks forward to receiving the report required in the fiscal year 2016 Omnibus about Section 203 cases investigated in fiscal year 2016. When 

the fiscal year 2018 budget request is submitted, the Department 

of Justice shall submit to the Committee the same reporting on 

Section 203 case investigations for fiscal year 2017. 

VACCINE INJURY COMPENSATION TRUST FUND

The recommendation includes $10,000,000 as a reimbursement 

from the Vaccine Injury Compensation Trust Fund for costs of litigating cases under the National Childhood Vaccine Injury Act of 

1986 (Public Law 99–660). 

SALARIES AND EXPENSES, ANTITRUST DIVISION

The Committee recommends $164,977,000 for salaries and expenses of the Antitrust Division, which is the same as fiscal year 

2016 and $15,529,000 below the request. The recommended funding level is offset by $125,000,000 in estimated fee collections for 

a net direct appropriation of $39,977,000. 


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SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The Committee recommends $2,050,000,000 for the Executive Office for United States Attorneys and the 94 United States Attorneys’ offices, which is $50,000,000 above fiscal year 2016 and 

$24,402,000 below the request. Within this amount the Department 

is expected to support enhanced efforts to address drug trafficking, 

cybercrime and human trafficking. 

Human trafficking.—The recommendation continues bill language directing each U.S. Attorney to participate in human trafficking task forces, and the Department shall continue to submit 

semiannual reports on the performance of these task forces. 

Prosecuting immigration crime.—Federal criminal immigration 

laws must be enforced in a consistent and effective manner, and to 

support this objective the Committee has sought information about 

how the Department and United States Attorneys prosecute and 

enforce such laws. The Committee has not yet received the report 

on immigration law enforcement that was required by the fiscal 

year 2016 Appropriations Act, in the detail specified in House Report 114–130. The Department is therefore directed to submit that 

report as soon as possible, and to provide a supplemental report 

not later than 60 days after enactment of this Act that provides 

comparable prosecution, sentencing and deportation information for 

fiscal year 2016. The Committee expects the Department to show 

leadership in addressing the continued high level of illegal immigration, and directs it to make vigorous use of statutory provisions 

at its disposal to investigate and prosecute violations of Federal 

law associated with improper entry or illegal reentry following deportation, including sections 1325 and 1326 of title 8, United States 

Code. 

Prescription drug abuse.—The growing, nationwide crisis of prescription drug abuse has led to rising fatalities, and addressing this 

issue remains a core Federal law enforcement mission. The Committee expects U.S. Attorneys will give priority to investigating and 

prosecuting criminals who profit from trafficking, to include pain 

clinics that serve as fronts for the illegal distribution of addictive 

painkillers. 

Trafficking and money laundering enforcement.—The Committee 

expects the Department will continue to make drug trafficking and 

money laundering enforcement an investigative and prosecutorial 

priority for Federal prosecutors. 

Intellectual Property Rights (IPR) enforcement.—The Committee 

expects the Department to continue to make IPR enforcement an 

investigative and prosecutorial priority for Federal prosecutors. 

UNITED STATES TRUSTEE SYSTEM FUND

The Committee recommends $225,908,000 for the United States 

Trustee Program, which is the same as fiscal year 2016 and 

$3,809,000 below the request. The recommended funding is offset 

by $163,000,000 in estimated fee collections for a net direct appropriation of $62,908,000. 


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SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

The Committee recommends $2,374,000 for the Foreign Claims 

Settlement Commission, which is the same as fiscal year 2016 and 

$35,000 below the request. 

FEES AND EXPENSES OF WITNESSES

The Committee recommends $270,000,000, which is the same as 

fiscal year 2016 and the request, for fees and expenses of witnesses 

who appear on behalf of the Government in cases in which the 

United States is a party. This appropriation is considered mandatory for scorekeeping purposes. 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $15,500,000 for the Community Relations Service, which is $1,054,000 above fiscal year 2016 and 

$3,490,000 below the request. The recommendation supports funding for the Emmett Till Unsolved Civil Rights Act. 

ASSETS FORFEITURE FUND

The Committee recommends $20,514,000 for expenses authorized 

by subparagraphs (B), (F), and (G) of section 524(c)(1) of title 28, 

United States Code. This amount is same as the fiscal year 2016 

and the budget request. 

Section 523 rescinds $304,000,000 from the Assets Forfeiture 

Fund (Fund), which is equal to the budget request. The Committee 

was disappointed the Department chose to suspend equitable sharing payments for a portion of fiscal year 2016. The Department reports that balances in the Fund will be sufficient to allow the Department to rescind $304,000,000 with no delays in the payment of 

equitable sharing payments. The Committee therefore directs the 

Department to refrain in fiscal year 2017 from suspending or delaying payments for equitable sharing distributions for asset forfeitures that the Department has approved. 

Section 532 of the bill requires the Department to submit a 

spending plan for fiscal year 2017. The Committee directs the Department to include in this plan proposed spending from the Fund, 

to include estimates of: fund balances; equitable sharing payments; 

Joint Law Enforcement Operations obligations; and obligations by 

component. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

The Committee recommends $1,258,000,000 for the salaries and 

expenses of the United States Marshals Service (USMS), which is 

$27,419,000 above fiscal year 2016 and $17,156,000 below the request. Within this the Committee includes $7,900,000 to implement 

the International Megan’s Law to Prevent Child Exploitation and 

Other Sexual Crimes (Public Law 114–119) and ensure USMS can 

carry out its responsibilities to vet and provide notification of sex 

offenders traveling abroad. The Committee expects the USMS to 


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continue and strengthen its fugitive apprehension support aircraft 

program. 

Detection technology.—The Committee encourages the USMS to 

seek cost effective ways to build on and leverage its use of detection 

technologies to increase safety of fugitive apprehension task forces, 

saving both lives and money. 

CONSTRUCTION

The Committee recommends $10,000,000, which is $5,000,000 

below fiscal year 2016 and the same as the request, for construction and related expenses in space controlled, occupied or used by 

USMS for prisoner holding and related support. 

FEDERAL PRISONER DETENTION

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $1,475,000,000 for Federal Prisoner 

Detention, which is $20,586,000 above fiscal year 2016 and 

$29,009,000 below the request. 

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $97,337,000 for the National Security Division (NSD), which is $2,337,000 above fiscal year 2016 and 

the same as the request. This amount will help NSD address its 

growing national security and counterterrorism workload, including 

its Foreign Intelligence Surveillance Act responsibilities. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

The Committee recommends $522,135,000 for Interagency Crime 

and Drug Enforcement, which is $10,135,000 above fiscal year 2016 

and the same as the request. Funds are included under this heading to support interagency Organized Crime Drug Enforcement 

Task Forces (OCDETF), which target high-level drug trafficking organizations through coordinated, multi-jurisdictional investigations. The recommendation includes a program increase of 

$3,793,000 for the Co-located Strike Force/Southwest Border, as 

proposed in the budget request. 

Decision unit subtotals.—The recommendation includes 

$360,711,000 for investigations and $161,424,000 for prosecutions. 

The Committee expects OCDETF will enhance its investigative, intelligence and prosecutorial efforts through OCDETF-led activities, 

including the OCDETF Fusion Center, OCDETF Co-located Strike 

Forces and the International Organized Crime Intelligence and Operations Center, and direct collaboration with State and local law 

enforcement, United States Attorneys’ offices and the Criminal Division. 

Full-Time Equivalents (FTE).—The Committee directs the Department to submit with its fiscal year 2018 budget request an updated report on FTE devoted to OCDETF cases at the level of deVerDate Sep 11 2014 07:40 Jun 08, 2016 Jkt 020239 PO 00000 Frm 00038 Fmt 6659 Sfmt 6602 E:\HR\OC\HR605.XXX HR605

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tail provided in its September 9, 2015 report to the Committee. The 

report should include actual and projected investigative and prosecutorial FTE devoted to OCDETF cases for fiscal years 2016– 

2018, broken out by agency and funding source. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

The Committee recommends $8,768,884,000 for the salaries and 

expenses account of the Federal Bureau of Investigation (FBI), 

which is $279,098,000 above fiscal year 2016 and $50,000,000 

above the request. The increase reflects funding necessary to carry 

out essential elements of FBI’s mission, in particular its critical 

work on terrorism, national security, and cyber threats. These include supporting work on the Next Generation Cyber program, IT 

Infrastructure, training and new technology challenges; confronting 

threats from foreign intelligence and insiders; addressing capacity 

constraints in data sharing that have impacts on the FBI’s ability 

to timely share vast quantities of forensic and other data; helping 

the FBI combat intrusions, investigate cybercrime, and improve cybersecurity; and ensuring it can carry out its render safe mission. 

The Committee recommendation is also intended to help ensure 

the FBI can meet the growing challenge from both home-grown and 

‘‘foreign fighters’’ and sustain growing workload for field operations, to include the need for physical surveillance. The Committee recommendation includes funding to enhance operational 

and information technology resources to address transnational organized crime. 

Finally, the recommendation supports the programs of the Criminal Justice Information Services Division, including but not limited 

to the Biometric Technology Center, Next Generation Identification, the National Crime Information Center, and the National Instant Criminal Background Check System. 

The Committee has provided separate funding recommendations 

by decision unit as follows: 

Intelligence .......................................................................................... $1,748,966,000 

Counterintelligence and National Security ...................................... 3,588,224,000 

Criminal Enterprise and Federal Crimes ......................................... 2,920,394,000 

Criminal Justice Services .................................................................. 511,300,000 

Total, Salaries and Expenses ..................................................... $8,768,884,000 

Digital Rights Management (DRM) technology.—The Committee 

expects the FBI to lead the Federal community in preventing the 

unauthorized review, redistribution and modification of sensitive 

Government information, and is aware the FBI is testing DRM 

shared service capability for this purpose. The Committee requests 

a briefing not later than 45 days after the enactment of this Act 

on FBI plans to protect internal data across the FBI enterprise, including prospects for adopting DRM technology. 

Human trafficking investigations.—Additional resources in the 

bill will enable the FBI and its field offices to increase investigation 

of human trafficking and forced labor crimes, and to work with potential victims of such crimes. The Committee encourages the FBI 

to work closely with victim service providers on victim referrals 

and assistance, as well as with the Department of Homeland SecuVerDate Sep 11 2014 07:40 Jun 08, 2016 Jkt 020239 PO 00000 Frm 00039 Fmt 6659 Sfmt 6602 E:\HR\OC\HR605.XXX HR605

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rity in cases involving alien victims of severe forms of trafficking, 

and on improving FBI agent training in the identification of human 

trafficking. The Committee supports FBI leadership in its Innocence Lost initiative, to include Operation Cross Country, which 

has helped recover underage trafficking victims and led to the arrest of hundreds of traffickers. The Committee encourages the FBI 

to improve use of forensic interviews of victims, and directs it to 

report not later than 60 days after the date of enactment of this 

Act the total number of individuals arrested during Operation 

Cross Country actions for purchasing sex, and the number of individuals so identified but not arrested. 

Aviation modernization.—The FBI aviation program supports 

critical surveillance, render safe, tactical and transportation missions, but the Committee is aware the base budget covers only operations, leasing and maintenance, with no identified funding for 

fleet modernization or replacement of aircraft to ensure optimal 

readiness and performance. The Committee understands the FBI is 

conducting cost-benefit analyses of purchase versus lease arrangements for different aircraft missions. The Committee encourages 

the FBI, as it conducts this review, to include fleet modernization 

and replacement considerations, as well as long-term cost avoidance, into its base budget plan for its aviation program, and to submit reprogramming proposals should such funding action be justified. The Committee directs the FBI to provide a briefing not later 

than 90 days after enactment of the Act on the aviation program 

and forecasted expenses, and how it is addressing its overall fleet 

performance and ensure continuity of operations, reliability and a 

cost-effective approach. The briefing should refer to baseline information reported to the Committees on Appropriations pursuant to 

the fiscal year 2014 Department of Justice Appropriation Act, as 

specified in House Report 113–171. 

Intellectual property rights (IPR) enforcement.—The Committee 

expects the FBI to prioritize the investigation of IPR cases, and to 

coordinate with IPR units at the U.S. Attorneys and the Criminal 

Division. 

CONSTRUCTION

The Committee recommends $308,982,000 for the construction of 

FBI facilities and related activities, which is the same as fiscal 

year 2016 and $474,500,000 below the request. Funding in this account will facilitate and expedite work on current design and construction projects, in particular the new headquarters. Other 

project work includes ongoing work at Quantico, secure work environment building and modifications and data center consolidation. 

The recommendation does not adopt the proposed reduction to 

the secure work environment program. $240,000,000 is provided for 

the new headquarters. The Administration is expected to work with 

the House Transportation and Infrastructure Committee to secure 

approval of a prospectus for this project. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends total budget authority of 

$2,485,638,000 for salaries and expenses, of which $382,662,000 is 


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derived from fees deposited in the Diversion Control Fund, and 

$2,102,976,000 is provided by direct appropriation. The recommended direct appropriation is $22,976,000 above fiscal year 

2016 and equal to the request. The increase will support DEA’s 

growing enforcement workload, including rising threats from heroin and opioids, challenges in its overseas programs, and the provision of continuing support to State and local partners. 

Diversion control.—The recommendation includes $382,662,000 

for the regulatory and enforcement activities of DEA’s Diversion 

Control Program. The Diversion Control Program is funded by fee 

collections. Within this level of funding is an $8,874,000 increase 

to enhance diversion control programs. 

Methamphetamine lab cleanup.—The funding recommendation 

for Community Oriented Policing Services includes $11,000,000 for 

transfer to DEA to assist State, local and tribal law enforcement 

agencies with the removal and disposal of hazardous materials at 

methamphetamine labs, including funds for training, technical assistance, purchase of equipment and a container program. 

Prescription drug and heroin abuse.—The Committee continues 

to be extremely concerned about the rising harm of prescription 

drug abuse, and crisis levels of heroin abuse and overdoses. DEA’s 

2015 National Drug Threat Assessment reports that overdose 

deaths rose 244 percent between 2007 and 2013, and notes that 

these numbers may be undercounted. The report also notes the increase in smuggling across the borders and the continued role of 

major trafficking cartels in moving heroin and other drugs into 

U.S. communities. The Committee recommendation supports a vigorous investigative program for DEA to deal with these rising 

threats, and directs DEA to brief the Committee no later than 60 

days after enactment of this Act on the actual or estimated number 

of heroin and prescription drug diversion investigations for fiscal 

years 2015 through 2017, the amounts and street value of drugs 

associated with such investigations, and prosecutions resulting 

from investigations. The Committee also encourages DEA to work 

with partner agencies, to include the Department of Health and 

Human Services, on outcome measures of success that reflect the 

impact of multi-agency efforts, such as reduction in the incidence 

and the severity of abuse. The Department is expected to collaborate with all its partner agencies to allocate resources strategically 

and avoid duplication or fragmentation of efforts. The recommendation includes a program increase of $12,483,000 for four new heroin 

enforcement teams. 

Fentanyl.—The Committee heard testimony from the Acting Administrator this year describing the potency and harm of fentanyl, 

an extremely dangerous synthetic opioid that has contributed to 

the alarming increase in fatal heroin overdoses. DEA reports that 

fentanyl is up to 50 times more potent than heroin and up to 100 

times more potent than morphine. Traffickers and dealers are cutting heroin with fentanyl to meet demand and increase its potency, 

but most users are unaware of this increasing the risk of overdose. 

The Committee directs DOJ and DEA to include fentanyl monitoring, interdiction and testing in their efforts to counter heroin 

abuse. 


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BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

The Committee recommends $1,257,757,000 for the salaries and 

expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which is $17,757,000 above fiscal year 2016 and 

$48,306,000 below the request. The recommendation provides for 

inflationary cost adjustments and additional funds for the processing of National Firearms Act (NFA) applications. No funds are 

provided for additional agents or inspectors. 

The Committee is concerned that Federal law enforcement agencies do not consistently enter crime scene ballistics evidence into 

the National Integrated Ballistics Imaging Network (NIBIN), despite evidence that doing so aids investigations and reduces gun violence. The Department shall brief the Committee not later than 

60 days after enactment of this Act on the status of establishing 

protocols and implementing such information sharing, as well as efforts to improve the quality of trace and eTrace submissions from 

partner agencies, and meet the challenge posed by obliterated serial numbers. The Committee also understands the Department is 

considering developing new standards for acquisition and identification of ballistic images. The Committee expects such an effort 

will be conducted in a transparent and comprehensive manner, so 

as to incorporate requirements and perspectives from current and 

future NIBIN users, criminal investigators, and technology developers, ensure interoperability of systems, and support the continued ability to examine and correlate existing and future ballistic 

data. The Committee directs ATF to provide a briefing on the status of such efforts not later than 90 days after the date of enactment of this Act. 

Counter-improvised explosives devices.—The Committee encourages ATF to support the work of its National Center for Explosives 

Training and Research on countering advanced improvised explosive devices. 

National Firearms Act.—The Committee is concerned with rising 

processing times for NFA transfer applications, and the prospect 

that new rules taking effect this year may increase the need for 

background checks. The recommendation includes a $6,000,000 

program increase to address growing NFA workload, and directs 

ATF to brief the Committee not later than 45 days after the enactment of the Act on its NFA application backlog and its plans to 

achieve lower processing times in fiscal year 2017. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $7,016,791,000 for salaries and expenses of the Bureau of Prisons (BOP), which is $68,291,000 above 

fiscal year 2016 and $169,434,000 below the request. 

Contract confinement.—The Committee views contract confinement as an effective tool to help BOP meet low security facility requirements to help alleviate overcrowding. The Committee is concerned that the Bureau still remains crowded in its medium and 


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high security institutions. Additionally, the Committee is concerned 

that the Bureau continues to house low security inmates in more 

costly environments where cost savings could be realized by using 

available State, local and private prison capacity. In order to promote safety, minimize overcrowding, and ensure a fiscally efficiently run prison system, the Committee directs the Bureau to 

look at the current classification of all inmates in their system and 

submit to the Committee within 90 days from enactment of this 

Act a capacity realignment plan to ensure that inmates with lower 

security classifications (both U.S. citizens and criminal aliens) are 

in the most cost effective facilities. If the Bureau determines that 

some inmates can be shifted to lower cost alternatives to alleviate 

overcrowding, the plan should include detailed steps the Bureau 

will take that includes population projections, overcrowding percentages, timelines, and cost savings. 

Medication assisted treatment.—The Committee encourages the 

Bureau of Prisons to make abstinence-based relapse prevention 

treatments options available to inmates with a history of opioid dependence. 

Contraband communication devices.—The Committee remains 

concerned about the use of contraband cellular phones and devices 

in BOP or BOP-contracted facilities, in some cases to direct criminal activity outside the facilities. The Committee is aware that research continues into development of countermeasures, as detailed 

in its May 2015 report to the Committees, and urges BOP and the 

Department to take steps to help expedite such research, continue 

pilot testing, and to the extent possible, implement systems, methods and procedures to thwart illegal use of telecommunications by 

inmates and help protect the officers and public. 

Oleoresin Capsicum (OC) aerosol spray pilot program.—The Committee notes that in March the President signed into law the Eric 

Williams Correctional Officer Protection Act of 2015, Public Law 

114–133, authorizing all officers and employees of the Bureau of 

Prisons to carry OC spray. The Act requires OC to be issued to officers and employees to reduce acts of violence, establishes training 

requirements, and requires the Government Accountability Office 

to conduct an evaluation of the policy and report to Congress. The 

Committee encourages BOP to keep the Committee informed about 

the implementation of this policy and its results. 

Personal firearms.—The Committee recognizes the Bureau’s responsibility to control the use of firearms on BOP facilities. At the 

same time, it understands that BOP does not have a policy that 

would ensure officers who are legally authorized to carry a concealed firearm for self-protection can have an on-site, secure gun 

locker, or alternatively, lock weapons securely in their personal vehicles. The Committee encourages the Bureau to review this issue 

and implement a policy that enables officers to secure their personal firearms while on duty in a fashion that preserves security 

on Bureau sites but also facilitates officers’ legal rights to keep and 

bear arms. 

New detainer cooperation policy.—The Committee is very pleased 

that the Department has adopted a new policy that ensures BOP 

will, when releasing an inmate from custody for whom there is an 

outstanding detainer request from U.S. Immigration and Customs 

Enforcement (ICE), first offer the individual to ICE to be taken into 


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custody for deportation processing. This policy, while it may allow 

for transfer to another jurisdiction for prosecution for outstanding 

criminal action, will ensure such a transfer will only occur when 

ICE is assured it will regain custody of the individual at the end 

of adjudication process to permit the deportation process to proceed. The Committee believes this cooperation between the Department and the Department of Homeland Security marks a real improvement in public safety, and progress in the effort to ensure 

dangerous and deportable criminals remain in government custody 

until they are removed from the United States. 

BUILDINGS AND FACILITIES

The Committee recommends $140,000,000 for the construction, 

acquisition, modernization, maintenance, and repair of prison and 

detention facilities housing Federal inmates, which is $390,000,000 

below fiscal year 2016 and $26,978,000 above the request. The recommendation includes $50,000,000 for costs related to construction 

of new facilities; not less than $77,000,000 for maintenance and repairs of existing facilities, to include inmate work areas, of which 

not to exceed $14,000,000 shall be available to construct areas for 

inmate work programs; and up to $13,000,000 for the cost of base 

construction staff and operations. 

The Committee directs the Bureau to move forward with ongoing 

facilities planning and associated new construction to meet projected capacity requirements as identified in the monthly status of 

construction reports to the Committees on Appropriations. The 

Committee directs the BOP to continue to provide monthly status 

of construction reports and to notify the Committee of any changes 

reflected in those reports. 

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

The Committee recommends a limitation on administrative expenses of $2,700,000 for Federal Prison Industries, Incorporated, 

(FPI) which is the same as fiscal year 2016 and the request. 

STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

In total, the Committee recommends $2,392,956,000 for State 

and local law enforcement and crime prevention grant programs, 

including $2,319,956,000 in discretionary appropriations. 

Management and administrative expenses.—The Committee encourages grant offices to minimize administrative spending to 

maximize funding for grants or training and technical assistance. 

The Committee also directs the Department to ensure that the 

methodology for assessing management and administration costs is 

equitable and reflects a fair representation of the share of common 

management and administrative costs associated with each program. The Committee notes that an across-the-board percentage 

assessment may not be the most appropriate solution. The Committee is aware that, in general, the Department’s grant offices for 

State and Local Law Enforcement Activities have authority to allocate certain expenses administratively to activities that are ancillary to the core purposes of the appropriation (e.g., peer review for 


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a competitive program, training and technical assistance, and research and statistical activities). 

Office of Victims of Crime (OVC).—The recommendation provides $2,737,000,000 for the Crime Victims Fund. Within available resources, OVC may implement the office’s Vision 21, which seeks to 

bring better technology, planning, research and data into the crime 

victims services field. 

The Committee expects the Department of Justice to consult with 

Indian tribal governments on the distribution of the funds made 

available in section 510 from the Crime Victims Fund. 

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

The Committee recommends $527,500,000 for the Office on Violence Against Women (OVW), which is $47,500,000 above fiscal 

year 2016 and $38,500,000 above the request. The recommendation 

does not divert funds from the Crime Victims Fund to pay for these 

discretionary programs. The recommendation includes funding 

above the request for Services, Training, Officers, and Prosecutors 

(STOP) grants, research and evaluation on violence against women, 

and the Rape Survivor Child Custody Act. The recommendation 

also funds the victims of trafficking program under this heading. 

Funds are distributed as follows: 

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS 

(in thousands of dollars) 

Program Amount 

STOP Grants ...................................................................................................................................................... $215,000 

Transitional Housing Assistance ...................................................................................................................... 30,000 

Research and Evaluation on Violence Against Women ................................................................................... 5,000 

Consolidated Youth-Oriented Program ............................................................................................................. 11,000 

Grants to Encourage Arrest Policies ................................................................................................................. 51,000 

Homicide Reduction Initiative .................................................................................................................. (4,000 ) 

Sexual Assault Victims Services ....................................................................................................................... 35,000 

Rural Domestic Violence and Child Abuse Enforcement ................................................................................. 34,000 

Violence on College Campuses ......................................................................................................................... 20,000 

Civil Legal Assistance ...................................................................................................................................... 45,000 

Elder Abuse Grant Program .............................................................................................................................. 5,000 

Family Civil Justice ........................................................................................................................................... 16,000 

Education and Training for Disabled Female Victims ..................................................................................... 6,000 

National Resource Center on Workplace Responses ........................................................................................ 500 

Research on Violence Against Indian Women .................................................................................................. 1,000 

Indian Country-Sexual Assault Clearinghouse ................................................................................................. 500 

Tribal assistance .............................................................................................................................................. 5,000 

Victims of trafficking ........................................................................................................................................ 45,000 

Rape Survivor Child Custody Act ..................................................................................................................... 2,500 

TOTAL, Violence Against Women Prevention and Prosecution Programs ................................................ $527,500 

OFFICE OF JUSTICE PROGRAMS

RESEARCH, EVALUATION AND STATISTICS

The Committee recommends $93,000,000 for Research, Evaluation and Statistics, which is $23,000,000 below fiscal year 2016 and 

$61,000,000 below the request. Funds are distributed as follows: 


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RESEARCH, EVALUATION AND STATISTICS 

(in thousands of dollars) 

Program Amount 

Bureau of Justice Statistics ............................................................................................................................. $48,000 

National Crime Victimization Survey ....................................................................................................... (6,000 ) 

NCS-X Implementation Program ....................................................................................................................... 5,000 

National Institute of Justice ............................................................................................................................. 40,000 

TOTAL, Research, Evaluation and Statistics ........................................................................................... $93,000 

Forensics.—The recommendation does not include funding for the 

forensics initiative. The Committee is concerned that the Administration’s forensic sciences initiative lacks the involvement of the 

State and local practitioner community, making the community an 

observer—not a participant—in addressing forensic reform, and 

thereby running the risk that the initiative will not take into consideration existing, proven standards and processes used within 

the community. This matter is also addressed elsewhere in the report. 

Human trafficking research.—The Committee acknowledges the 

difficulty in estimating the prevalence of human trafficking, and 

the corresponding difficulty in gauging the effectiveness of the 

criminal justice system’s response to the problem. Research can 

play an invaluable role in understanding prevalence and effectiveness through improved data collection and analysis. The Committee encourages the National Institute of Justice to increase 

funding for research into human trafficking. 

Campus climate.—The Committee supports the Department’s development and testing of a pilot campus climate survey. The pilot 

suggests the vast majority of campus sexual assaults are not reported to authorities, do not come to the attention of university officials and, therefore, are not represented in official Federal statistics. The Committee encourages the Department to examine expanding upon the pilot survey and developing a cost-effective, 

standardized, and methodologically rigorous nationwide research 

program on campus sexual assault. 

High-risk vehicle events.—The Committee encourages the Bureau 

of Justice Statistics to develop a data collection process to accurately capture the number of deaths and injuries from police pursuits and high-risk vehicle events. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

The Committee recommends $1,199,906,000 for State and Local 

Law Enforcement Assistance programs, which is $208,594,000 

below fiscal year 2016 and $102,106,000 above the request. Funds 

are distributed as follows: 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 

(in thousands of dollars) 

Program Amount 

Byrne Memorial Justice Assistance Grants ...................................................................................................... $476,000 

Officer Robert Wilson III VALOR Initiative ............................................................................................... (20,000 ) 

Domestic Radicalization Research .......................................................................................................... (4,000 ) 

Bulletproof Vest Partnership .................................................................................................................... (22,500 ) 


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STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE—Continued 

(in thousands of dollars) 

Program Amount 

Juvenile Indigent Defense ........................................................................................................................ (2,500 ) 

NamUS ..................................................................................................................................................... (2,400 ) 

State Criminal Alien Assistance Program ........................................................................................................ 273,906 

Capital Litigation and Wrongful Conviction Review ........................................................................................ 2,000 

White Collar Crime Prevention .......................................................................................................................... 10,000 

Adam Walsh Act Implementation ..................................................................................................................... 20,000 

National Sex Offender Public Website .............................................................................................................. 1,000 

Violent Gang and Gun Crime Reduction .......................................................................................................... 20,000 

National Instant Criminal Background Check System (NICS) Initiative .......................................................... 73,000 

DNA Initiative .................................................................................................................................................... 125,000 

Debbie Smith DNA Backlog Grants ......................................................................................................... (117,000 ) 

Kirk Bloodsworth Post-Conviction DNA Testing Grants ........................................................................... (4,000 ) 

Sexual Assault Forensic Exam Program Grants ...................................................................................... (4,000 ) 

CASA—Special Advocates ................................................................................................................................ 9,000 

Prison Rape Prevention and Prosecution ......................................................................................................... 12,000 

Comprehensive School Safety Initiative ........................................................................................................... 75,000 

Opioid Initiative ................................................................................................................................................ 103,000 

Drug Courts .............................................................................................................................................. (42,000 ) 

Veterans Treatment Courts ...................................................................................................................... (7,000 ) 

Residential Substance Abuse Treatment ................................................................................................ (12,000 ) 

Prescription Drug Monitoring ................................................................................................................... (14,000 ) 

Mentally Ill Offender Act .......................................................................................................................... (12,000 ) 

TOTAL, State and Local Law Enforcement Assistance ............................................................................ $1,199,906 

Opioid abuse.—The recommendation includes $103,000,000 for 

programs to reduce opioid abuse, which is the full amount authorized by the House-passed Comprehensive Opioid Abuse Reduction 

Act of 2016. Within this amount is $42,000,000 for drug courts; 

$7,000,000 for veterans treatment courts; $12,000,000 for Residential Substance Abuse Treatment; $14,000,000 for prescription drug 

monitoring; $12,000,000 for the Mentally Ill Offender Act; and 

$16,000,000 for other programs authorized by the bill. 

The Committee believes that communities must address opioid 

abuse through comprehensive strategies that incorporate enhanced 

enforcement, education and treatment. The Committee directs the 

Office of Justice Programs (OJP) to work with the Drug Enforcement Administration, the Department of Health and Human Services, and the National Institute of Justice to develop, and help communities implement, best practices to address opioid abuse. 

National Instant Criminal Background Check System (NICS) Initiative grants.—The recommendation includes $73,000,000 for 

grants to improve records in NICS. This initiative combines the 

National Criminal History Improvement Program (NCHIP) and the 

NICS Act Record Improvement Program (NARIP). The Committee 

directs that the grants made under the broader NCHIP authorities 

be made available only for efforts to improve records added to 

NICS. Additionally, the Department shall prioritize funding under 

NARIP authorities with the goal of making all States NICS Improvement Amendments Act of 2007 (NIAA) compliant. The Department also shall apply penalties to noncompliant States to the 

fullest extent of the law. 

The Committee understands that ATF is willing to provide technical assistance to all States seeking to establish programs that 

meet the NIAA requirements for NARIP grants. Even in the absence of funding exclusively for NARIP, the Committee directs the 


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Department to continue these efforts. The Committee again urges 

the OJP, ATF and FBI to assist States that are not currently eligible for NARIP grants in meeting the eligibility requirements. 

The Committee encourages OJP to provide technical assistance 

and training services for current and future NCHIP and NARIP 

grantees. 

The Committee also reiterates existing legal requirements that 

data in the NICS be deleted after a check is completed. 

Gun crime and gang violence.—The recommendation includes 

$20,000,000 for communities working with their local U.S. Attorneys to develop and implement gun crime and gang violence reduction programs. 

Byrne Memorial Justice Assistance Grant (Byrne/JAG) program.—The recommendation includes $476,000,000 for the Byrne/ 

JAG program and consolidates the activities of the COPS Hiring 

program into the Byrne/JAG program. Funding under this formula 

program is authorized for law enforcement programs including 

those that promote data interoperability between disparate law enforcement entities; prosecution and court programs; prevention and 

education programs; corrections programs; drug treatment and enforcement programs; planning, evaluation, and technology improvement programs; and crime victim and witness programs, other 

than compensation. Within the amount provided, $4,000,000 is for 

research on domestic radicalization; $20,000,000 is for the Officer 

Robert Wilson III Preventing Violence Against Law Enforcement 

and Ensuring Officer Resilience and Survivability (VALOR) Initiative; $22,500,000 is for the Bulletproof Vest Partnership program; 

$2,500,000 is juvenile indigent defense; and $2,400,000 is for the 

National Missing and Unidentified Persons System. Excluding 

carveouts, the recommendation for Byrne/JAG is $77,500,000 above 

fiscal year 2016 and $117,100,000 above the request. The Committee is concerned by the impact on law enforcement of the growing epidemic of prescription drug and heroin abuse, and notes that 

funds within this account may be utilized for the implementation 

of medication-assisted treatment to maintain abstinence from all 

opioids and heroin. The Committee notes that Byrne/JAG funding 

can be used for law enforcement purposes, such as the hiring of law 

enforcement officers, including School Resource Officers or other 

‘‘non-enforcement’’ officers. The Committee notes that Byrne/JAG 

funding can be used for pursuit technology and training to reduce 

deaths and injuries during high-risk vehicle events. The Committee 

recognizes the importance of cultural sensitivity training and diversity in hiring in local law enforcement to ensure that law enforcement reflects the communities they serve. The Committee notes 

that Byrne/JAG funds may be used for these purposes. 

Officer Robert Wilson III Memorial VALOR Initiative.—In order 

to address violence against law enforcement officers, the Committee has increased funding for the VALOR Initiative by 

$5,000,000. The Committee also encourages VALOR to increase its 

training partnerships that offer nationwide dynamic force-on-force 

scenario-based training. The Committee understands the training 

has been adopted by numerous States and agencies as their standard active shooter training and that the FBI has adopted this program as its national training standard for active shooter response. 


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State Criminal Alien Assistance Program (SCAAP).—The recommendation includes $273,906,000 for SCAAP, which is 

$63,906,000 above fiscal year 2016. SCAAP provides grants that reimburse States and localities for the costs incurred in incarcerating 

undocumented criminal aliens. The President’s request proposed to 

terminate this program. 

Competitive grants.—The Committee urges the Department to 

prioritize improving forensic interview training for child abuse investigation and prosecution professionals. 

Forensics training.—The Committee is aware of a number of programs surrounding trafficking offenses, sex crimes and domestic violence that provide similar support to State and local law enforcement and prosecutors. The Committee encourages OJP to increase 

efforts to provide State and local prosecutors with training, particularly train the trainer, and trial experience in cybercrimes and digital evidence. 

The Committee is also encouraged by efforts to expand the ability of academic forensic technology programs to assist the Department in identifying and profiling online crime, hate and terror 

groups. 

DNA initiative.—The recommendation includes $125,000,000 for 

DNA-related and forensic programs and activities, an increase of 

$20,000,000 above the request and the same as the fiscal year 2016 

level. Within the funds provided, the Committee provides 

$4,000,000 each for Post-Conviction DNA Testing grants and Sexual Assault Forensic Exam Program grants. The Committee expects that OJP will make funding for DNA analysis and capacity 

enhancement a priority to meet the purposes of the Debbie Smith 

DNA Backlog Grant Program. The Committee directs the Department to submit, as part of its spending plan, a plan for the use of 

all funds appropriated for DNA-related and forensic programs and 

a report on the alignment of appropriated funds with the authorized purposes of the Debbie Smith DNA Backlog Grant Program. 

Victims of trafficking grants.—In the OVW account, the recommendation includes $45,000,000 for human trafficking task force 

activities and for services for victims. These funds may also be used 

to develop, expand and strengthen assistance programs for child 

victims of sex and labor trafficking. The Committee notes that the 

Justice for Victims of Trafficking Act established a Domestic Trafficking Victims Fund, which will provide additional resources for 

these programs. The Committee directs DOJ to support the victimcentered approach to recognizing and responding to human trafficking, especially across partnerships between Federal and local 

law enforcement agencies and victim service providers. The Department shall include a planned allocation of these funds in its spending plan. The Committee encourages the Department to increase 

the number of human trafficking task forces funded by this program to at least 40. 

Preventing trafficking of girls.—The Committee encourages the 

Office for Victims of Crime and the Office of Juvenile Justice and 

Delinquency Prevention to examine ways to assist nonprofits and 

other nongovernmental entities with a proven track record of administering successful prevention and early intervention programs 

for girls vulnerable to trafficking. 


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Pre-trial risk assessment.—The Committee continues its support 

for Bureau of Justice Assistance programs widespread adoption of 

evidence-based screening and assessment tools across the criminal 

justice system and believes further improvements are needed at the 

earliest stage of the process, or the pretrial period, to make the system fairer and less costly. The Committee is encouraged by States’ 

development of Risk-Needs-Responsivity (RNR) models and encourages OJP to examine if funding should be made available for 

grants to assist States in the development and implementation of 

RNR tools for determining pretrial detention, sentencing, probation 

or post-release supervision, prison classification systems, and offender re-entry. 

JUVENILE JUSTICE PROGRAMS

The Committee recommends $184,250,000 for Juvenile Justice 

programs, which is $85,910,000 below fiscal year 2016 and 

$150,150,000 below the request. Funds are distributed as follows: 

JUVENILE JUSTICE PROGRAMS 

(in thousands of dollars) 

Program Amount 

Youth Mentoring Grants .................................................................................................................................... $90,000 

Victims of Child Abuse Programs .................................................................................................................... 20,000 

Missing and Exploited Children Programs ....................................................................................................... 72,250 

Training for Judicial Personnel ......................................................................................................................... 2,000 

TOTAL, Juvenile Justice ............................................................................................................................ $184,250 

Youth mentoring grants.—The recommendation includes 

$90,000,000 for youth mentoring grants, which is the same as fiscal 

year 2016 and $32,000,000 above the request. 

Missing and exploited children programs.—The recommendation 

includes $72,250,000 for missing and exploited children programs, 

which is $90,000 above fiscal year 2016 and $5,250,000 above the 

request. The Committee expects the Department to allocate no less 

than the current year level for task force grants, training and technical assistance, research and statistics, and administrative costs 

for the Internet Crimes Against Children program. The Committee 

expects the Department to allocate $1,000,000 to be used to hire 

and equip wounded, ill or injured veterans as digital forensic analysts or investigators to support child exploitation investigations. 

PUBLIC SAFETY OFFICER BENEFITS

The Committee recommends a total of $89,300,000 for the Public 

Safety Officer Benefits program, which is $1,000,000 above fiscal 

year 2016 and the same as the request. Within the funds provided, 

$73,000,000 is for death benefits for survivors, an amount estimated by the Congressional Budget Office that is considered mandatory for scorekeeping purposes. Also within the total, 

$16,300,000 is recommended, as requested, for disability benefits 

for public safety officers who are permanently and totally disabled 

as a result of a catastrophic injury sustained in the line of duty, 

and for education benefits for the spouses and children of officers 

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tally disabled as a result of a catastrophic injury sustained in the 

line of duty. 

COMMUNITY ORIENTED POLICING SERVICES

COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The recommendation includes $299,000,000 for the COPS account. Funds are to be distributed as follows: 

COMMUNITY ORIENTED POLICING SERVICES PROGRAMS 

(in thousands of dollars) 

Program Amount 

Transfer to DEA for Methamphetamine Lab Cleanups .................................................................................... $11,000 

Community trust initiative ................................................................................................................................ 75,000 

Body worn camera partnership initiative ................................................................................................ (22,500 ) 

Justice Reinvestment Initiative ................................................................................................................ (27,500 ) 

Research and statistics on community trust ......................................................................................... (10,000 ) 

Byrne Criminal Justice Innovation Program ............................................................................................ (15,000 ) 

Second Chance Act ........................................................................................................................................... 68,000 

Community Teams to Reduce the Sexual Assault Kit (SAK) Backlog ............................................................. 45,000 

Tribal assistance .............................................................................................................................................. 65,000 

Regional information sharing activities ........................................................................................................... 35,000 

TOTAL, Community Oriented Policing Services ........................................................................................ $299,000 

Methamphetamine lab cleanup.—The recommendation includes 

$11,000,000, which shall be transferred to DEA to assist State, 

local and tribal law enforcement agencies with the removal and disposal of hazardous materials at methamphetamine labs, including 

funds for training, technical assistance, the purchase of equipment, 

and a container program. 

Community trust initiative.—The recommendation includes 

$75,000,000 for a program to improve police-community relations. 

Included in this initiative is $15,000,000 for the Byrne Criminal 

Justice Innovation Program, $27,500,000 for justice reinvestment, 

$22,500,000 for a body-worn camera partnership initiative, and 

$10,000,000 for research and statistics on community trust. 

The body-worn camera partnership initiative includes pilot and 

demonstration grants for purchase of body-worn cameras for police. 

This initiative will also establish baseline procedures for the use of 

body-worn cameras, support State and local efforts regarding the 

use of such equipment, and provide necessary research into the use 

of this technology. The demonstration grants shall require a 1:1 

match by the grantee and shall not be used to pay for the ongoing 

costs or data storage costs associated with body camera footage. 

The demonstration grants shall only be provided to States with 

laws governing the use of body-worn cameras and shall not interfere with State laws and requirements. The Bureau of Justice Assistance shall administer this initiative and provide periodic updates to the Committee regarding its implementation. 

As the Committee believes that improving police-community relations will require more than just equipment procurement, the recommendation provides $27,500,000 for the justice reinvestment initiative, which provides assistance to jurisdictions to implement 

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tions spending and reinvesting those savings in efforts to decrease 

crime and strengthen neighborhoods. The Committee recognizes 

the tremendous potential of justice reinvestment efforts, noting 

that successful efforts in States, such as Texas, Kansas, North 

Carolina, Ohio, and Pennsylvania, which have saved millions of 

dollars and serve as models for criminal justice reform in the Nation. Funding may be used to provide technical assistance to States 

with existing reinvestment programs, expand the initiative to additional States, or provide additional funding for existing sites. 

The Committee believes that comprehensive, career-long leadership education for all local law enforcement officers remains critical 

to reducing crime and strengthening relationships between law enforcement agencies and the communities they serve, and the Committee notes that funds in the community trust initiative can be 

used for leadership training programs that provide measurable improvements in local law enforcement officer performance, adaptive 

decision-making skills, civic involvement, and officer-community relations. 

Second Chance Act/offender reentry programs.—The recommendation includes $68,000,000 for Second Chance Act grants. 

Excluding carveouts, the recommendation is $22,500,000 above fiscal year 2016. 

The Committee remains concerned that despite a dramatic increase in corrections spending over the past two decades, recidivism and re-incarceration rates are largely unchanged. The Committee is aware that case studies of innovative, evidence-based 

practices provide strong indication that this pattern can be reversed. The Committee expects that Second Chance Act grants will 

foster the implementation of strategies that have been proven to 

reduce recidivism and ensure safe and successful reentry back to 

their communities of adults released from prisons and jails. The 

Committee expects DOJ to designate funds for proven, evidencedbased programs that will further the goal of maximizing public 

safety. 

Vocational and intensive outpatient services.—The Committee is 

aware of promising program models that combine vocational and 

intensive outpatient services for individuals recovering from addiction who are referred through the U.S. Probation and Pretrial Services System. The Committee encourages OJP to demonstrate and 

measure the impact of these models. The Department shall report, 

no later than 90 days after enactment of this Act, on the status of 

these efforts. 

Tribal assistance.—The recommendation includes $65,000,000 for 

OJP tribal grant programs, an increase of $35,000,000 above the 

enacted level. The Committee expects OJP to continue to consult 

closely with tribes to determine how tribal assistance funds will be 

allocated among grant programs that improve public safety in tribal communities, such as grants for detention facilities under section 

20109 of subtitle A of title II of the Violent Crime Control and Law 

Enforcement Act of 1994 (Public Law 103–322), civil and criminal 

legal assistance as authorized by title I of Public Law 106–559, 

tribal courts, and alcohol and substance abuse reduction assistance 

programs. The Committee directs OJP to use such consultation to 

inform the allocation of funds it shall submit as part of its spending plan. The Committee notes that the recommendation includes 


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additional grant funding for tribal law enforcement programs 

through OVW. 

Sexual assault kit backlog grants.—The recommendation includes 

$45,000,000 for grants to address the sexual assault kit (SAK) 

backlog. The Committee encourages stakeholders and local law enforcement to continue working with Federal law enforcement to resolve this important issue. The Committee also encourages OJP to 

increase its efforts to ensure that strong research and program 

evaluations are undertaken utilizing independent evaluators with 

the experience and skills to provide necessary feedback and improve the efficiency of SAK processing. 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

The Committee has included the following general provisions for 

the Department of Justice: 

Section 201 makes available additional reception and representation funding for the Attorney General from the amounts provided 

in this title. 

Section 202 prohibits the use of funds to pay for an abortion, except in the case of rape, incest, or to preserve the life of the mother. 

Section 203 prohibits the use of funds to require any person to 

perform or facilitate the performance of an abortion. 

Section 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 the preceding section. 

Section 205 establishes the Committee’s requirements and procedures for transfer proposals. 

Section 206 prohibits the use of certain funds for transporting 

prisoners classified as maximum or high security, other than to a 

facility certified by the Bureau of Prisons as appropriately secure. 

Section 207 prohibits the use of funds for the purchase or rental 

by Federal prisons of audiovisual equipment, services and materials used primarily for recreational purposes, except for those 

items and services needed for inmate training, religious, or educational purposes. 

Section 208 requires review by the Deputy Attorney General and 

the Department Investment Review Board prior to the obligation or 

expenditure of funds for major information technology projects. 

Section 209 requires the Department to follow reprogramming 

procedures for any deviation from the program amounts specified 

in this title or the accompanying report, or the reuse of deobligated 

funds provided in previous years. 

Section 210 prohibits the use of funds for A–76 competitions for 

work performed by employees of Federal Prison Industries, Inc. 

Section 211 prohibits U.S. Attorneys from holding additional responsibilities that exempt U.S. Attorneys from statutory residency 

requirements. 

Section 212 permits up to 3 percent of grant and reimbursement 

program funds made available to OJP to be used for training and 

technical assistance and permits up to 3 percent of grant or reimbursement funds made available to that office to be used for criminal justice research, evaluation and statistics. 

Section 213 permanently prohibits funds, other than funds for 

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lished under the Brady Handgun Violence Prevention Act, from 

being used to facilitate the transfer of an operable firearm to a 

known or suspected agent of a drug cartel where law enforcement 

personnel do not continuously monitor or control such firearm. 

Section 214 places limitations on the obligation of funds from certain Department of Justice accounts and funding sources. 

TITLE III 

SCIENCE 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

The Committee recommends $5,555,000 for the Office of Science 

and Technology Policy (OSTP), which is the same as fiscal year 

2016 and $11,000 less than the request. 

The Committee commends OSTP and the National Science Foundation (NSF) for their work in co-chairing the National Science and 

Technology Council’s Committee on Science, Technology, Engineering, and Math Education (CoSTEM), which was chartered to coordinate Federal programs and activities in support of STEM education pursuant to the requirements of the America COMPETES 

Reauthorization Act of 2015 (Public Law 111–358). The Committee 

believes that Federal investments in STEM education could be 

greatly enhanced through the creation of a unified and publicly 

available online location containing information about, and links to, 

all Federal STEM education-related programs and materials across 

departments and agencies, including complex search options to 

maximize the utility of the portal. The target audience of such an 

online portal should broadly include both individuals and groups, 

students, and formal and informal educators. Such an online portal 

could and should ultimately be used by all Federal agencies engaged in STEM education and should be implemented in accordance with the CoSTEM goals and the Federal STEM Education 5- 

year Strategic Plan. The Committee directs OSTP to work with the 

Federal departments and agencies represented on the CoSTEM to 

develop a plan detailing the costs, schedule, and efforts that would 

be needed to create and operate this unified online portal. Such 

plan should be delivered to the Committee not later than 60 days 

after enactment of this Act. 

Public access to Federally funded research.—In response to direction from the Committee, OSTP continues to coordinate Federal 

agency plans to develop and implement policies to increase public 

access to the results of Federally funded scientific research. The 

Committee understands that a number of agencies already have 

posted access plans online and that efforts continue to approve access plans for the remaining Federal agencies. Further, the Committee urges OSTP to coordinate the development and implementation of policies by Federal agencies to require that agencies make 

research data underpinning the results described in scientific publications publicly accessible. OSTP shall continue to report to the 

Committee until all agencies have implemented their plans to increase public access to the results of Federally funded scientific research. 

Patents.—The Committee is aware that Federal employees who 

work at certain research laboratories are eligible to benefit from 


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successful patent applications that were granted as a result of Federally funded research, as per 15 U.S.C. 3710c. OSTP shall submit 

a report within 180 days of enactment of this Act describing how 

Federal science agencies and bureaus funded in this bill use this 

authority; the number of employees who have benefited from 15 

U.S.C. 3710c; and a list of the patents to which this section has 

been applied. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

The Committee recommends $19,508,000,000 for the National 

Aeronautics and Space Administration (NASA), which is 

$223,000,000 above fiscal year 2016 and $1,245,900,000 above the 

discretionary request. The request included $763,000,000 of unrealistic and unauthorized new mandatory funding proposals that disproportionately impacted ongoing science and human exploration 

programs. The recommendations below do not include any mandatory funds. Instead, the recommendations provide NASA with a 

balanced portfolio that ensures current and future stability to pursue scientific discoveries, develop new technology, explore our universe, and engage Americans. NASA is a national asset that must 

be challenged, funded, guided, and supported. Budget gimmickry 

such as that included in the budget request does nothing to 

thoughtfully contribute to the goal of ensuring that NASA maintains its global leadership position as we push the boundaries of 

human and scientific exploration, discovery, and knowledge. 

Decadal surveys.—The Committee directs that the priorities outlined in the decadal surveys for Earth Science, Planetary Science, 

Astrophysics, and Heliophysics shall drive NASA mission priorities. 

Government Accountability Office (GAO) assessments of largescale projects.—NASA shall continue to cooperate fully and provide 

timely information to the GAO so that it may fulfill its congressional mandate to report on the status of large-scale projects at 

NASA. Such information includes, but is not limited to, copies of 

preliminary cost estimates; access to online agency applications, 

databases, and web portals; and access to contractor and agency 

personnel. 

Cost breach reporting.—NASA shall submit to the Committee any 

notifications and reports on cost overruns required by section 103 

of the NASA Authorization Act of 2005 (Public Law 109–155). 

Federally Funded Research and Development Centers 

(FFRDCs).—In June 2004, the Report of the President’s Commission on Implementation of the United States Space Exploration 

Policy recommended that NASA, through an open, competitive 

process, transition its Centers to FFRDCs, noting that the FFRDC 

model is a proven management structure that results in successful 

and innovative research. The Commission stated that with the exception of some specific governmental functions such as contracting, launch operations, and flight operations, which should remain under direct Federal management within the Centers, the 

FFRDC model would work well for NASA Centers. NASA shall, 

within 90 days of enactment of this Act, contract for an independent examination of the benefits and constraints of increasing 

NASA Centers’ collaboration with academia and the private sector. 

To conduct this assessment, which shall be published no more than 

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zation that will convene individuals with recognized relevant expertise and whose collective credentials sufficiently cover the entire 

range of NASA’s mission activities. The study shall include the feasibility of increasing partnerships between the Centers and academia, and the feasibility of transitioning some or all Centers to 

become FFRDCs. This review shall examine the Department of Energy (DOE) laboratories, which are FFRDCs, and NASA’s relationship with the Jet Propulsion Lab (JPL), a current NASA FFRDC, 

to determine if the DOE or JPL model would be feasible or advantageous for adoption at any of the NASA Centers. This review shall 

also include recommendations for incentives to address potential 

employee concerns with respect to Federal employment status. 

Termination liability.—The Committee notes that it awaits a report on NASA termination liability policies required in Public Law 

114–113. 

Multi-year procurement authority.—The Committee understands 

that NASA has multi-year procurement authority under 10 U.S.C. 

2306b (procurement of property) and 10 U.S.C. 2306c (procurement 

of services). The Committee urges NASA to use these authorities 

to the fullest extent possible to take advantage of cost savings and 

other efficiencies that may be achieved with long-lead purchase requirements. Use of this authority, however, does not obviate the 

need for NASA to keep the Committee fully informed of its expenditure of funds. 

Program and project totals.—The Committee’s program and 

project recommendations for NASA are included in the consolidated 

funding table below and in narrative direction throughout this report. The Committee reminds NASA that any deviations from the 

amounts included in the table below are subject to section 505 requirements of this Act. When executing its budget for fiscal year 

2017, NASA shall incorporate the funding levels established in 

both the table and the narrative direction. NASA is reminded that 

comity has existed between the Congress and the Executive Branch 

with respect to abiding by language included in this report and in 

the accompanying appropriations Act. The Committee expects 

NASA to respect this long-standing practice. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 

(in thousands of dollars) 

Program Amount 

Science: 

Earth Science ........................................................................................................................................... $1,690,000 

Planetary Science ..................................................................................................................................... 1,846,000 

Astrophysics ............................................................................................................................................. 792,900 

James Webb Space Telescope ................................................................................................................. 569,400 

Heliophysics ............................................................................................................................................. 698,700 

Total, Science .................................................................................................................................................... 5,597,000 

Aeronautics: ...................................................................................................................................................... 712,000 

Space Technology: ............................................................................................................................................. 739,200 

Human Exploration and Operations: 

Orion Multi-purpose Crew Vehicle ........................................................................................................... 1,350,000 

Space Launch System (SLS) Vehicle Development ................................................................................. 2,000,000 

Exploration Ground System ...................................................................................................................... 429,000 


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION—Continued 

(in thousands of dollars) 

Program Amount 

Exploration R&D ....................................................................................................................................... 404,000 

Total, Human Exploration and Operations ....................................................................................................... 4,183,000 

Space Operations: ............................................................................................................................................. 4,890,300 

Education: 

NASA Space Grant ................................................................................................................................... 40,000 

Experimental Program to Stimulate Competitive Research .................................................................... 18,000 

Minority University Research Education Program ................................................................................... 32,000 

STEM Education and Accountability Projects .......................................................................................... 25,000 

Total, Education ................................................................................................................................................ 115,000 

Safety, Security and Mission Services: ............................................................................................................. 2,835,400 

Construction and Environmental Compliance and Restoration: ...................................................................... 398,000 

Office of Inspector General: .............................................................................................................................. 38,100 

Total, NASA ....................................................................................................................................................... $19,508,000 

SCIENCE

The Committee recommends $5,597,000,000 for Science, which is 

$7,600,000 above fiscal year 2016 and $294,500,000 above the discretionary request. 

Earth Science.—The recommendation includes $1,690,000,000 for 

Earth Science programs. NASA shall ensure that the Earth Science 

portfolio is focused on the science priorities outlined in the most recent Earth Science decadal survey. Within amounts provided, 

NASA shall prioritize funding for the NASA–ISRO Synthetic Aperture Radar (NISAR) to maintain the 2020 launch for this satellite 

that will observe ecosystem disturbances, ice-sheet collapse, earthquakes, tsunamis, volcanoes and landslides. NASA shall also 

prioritize funds for continued development of the Landsat-9 mission. The Committee expects NASA and its partners to evaluate 

commercially available data in the event that there is a data gap 

in the Landsat program. 

Planetary Science.—The recommendation includes $1,846,000,000 

for Planetary Science. The Committee urges NASA, in subsequent 

budget requests, to ensure that it requests sufficient funds across 

its Discovery and New Frontiers programs to ensure a balanced cadence of missions that the science community can adequately plan 

for and participate in. 

Within amounts provided for Planetary Science, the rec- ommendation includes $284,700,000 for Planetary Science Research, including $178,100,000 for Planetary Science Research and 

Analysis. The recommendation also includes $50,000,000 as requested for NASA’s continued efforts to detect and monitor near 

Earth objects. 

Discovery.—The recommendation includes $232,300,000, including an increase of $30,000,000 above the request, to support the selection of up to two competitively selected missions from the Discovery 2014 Announcement of Opportunity. Discovery missions 


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allow scientists and engineers to assemble teams that launch small 

missions using fewer resources and shorter development times; 

their main objective is to explore planets, moons of planets, comets 

and asteroids. Successful Discovery missions that have produced a 

wealth of science and spurred public interest include the Mars 

Pathfinder, Dawn, and Kepler, among many others. In subsequent 

budget requests, NASA is encouraged to plan for and select two 

Discovery missions every four years. 

New Frontiers.—The recommendation includes $144,000,000 for 

New Frontiers. New Frontiers missions explore the solar system 

with frequent, medium-class spacecraft missions. The Committee 

notes that the Origins-Spectral Interpretation-Resource Identification-Security-Regolith Explorer (OSIRIS–Rex) New Frontiers mission, which will launch during 2016, will collect samples from an 

asteroid and return them to Earth. 

Mars Exploration.—The recommendation includes $647,000,000 

for the Mars Exploration program, including $408,000,000 for the 

Mars 2020 mission that meets scientific objectives from the most 

recent Planetary Science decadal survey. Additional funding above 

the request is provided to achieve maximum efficiencies from early 

buys of hardware with commonality with the Curiosity Rover. Also 

included within amounts for Mars Exploration is $239,000,000 for 

Other Missions and Data Analysis (OMDA). Within amounts provided for OMDA, $20,000,000 is for Mars Technology, including 

$15,000,000 for a Mars helicopter technology demonstration to be 

flown on the Mars 2020 mission; and $20,000,000, $10,000,000 

above the request, is for Mars Future Missions to initiate the next 

Mars mission after Mars 2020, including the enhancements needed 

for telecommunications capability around Mars. NASA shall continue technology development for subsequent sample return stages 

to ensure that it meets the highest priority Planetary Science 

decadal survey objectives. 

Outer Planets and Ocean Worlds.—The Committee appreciates 

that NASA has created an Ocean Worlds Exploration Program 

whose primary goal is to discover extant life on another world 

using a mix of Discovery, New Frontiers and flagship class missions. The recommendation includes $348,000,000 for Outer Planets and Ocean Worlds, of which not less than $260,000,000 is for 

the Jupiter Europa Orbiter and Lander to fulfill the requirements 

of the most recent Planetary Science decadal survey. To support 

progress on this mission, NASA shall ensure that future funding 

requests are consistent with achieving a Europa Orbiter launch no 

later than 2022 and a Europa Lander launch no later than 2024, 

pending final mission configuration. NASA is encouraged to select 

the Lander payload during fiscal year 2017 to support the above 

launch window. 

Technology.—The recommendation includes $190,000,000 for 

Technology. Within these amounts, no less than $25,000,000 is for 

icy satellite surface technology and test-bed activities. Also included within the Technology program is $20,000,000 for NASA to 

continue its collaboration work with the Department of Energy to 

domestically produce plutonium-238 for use as a source of energy 

in space missions. 

Impact craters.—Impact craters in the U.S. that are well preserved and accessible provide researchers and educators with the 


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simultaneous opportunity to expand our understanding of the 

Earth’s and the Solar System’s history and to show students research in action as a part of their STEM education. NASA is encouraged to make funds available for external competitive funding 

to conduct further scientific investigation of well-preserved and easily accessible impact craters and simultaneously provide education 

and outreach on Earth’s erosion processes and more broadly on the 

scientific method of research. 

Astrophysics.—The recommendation includes $792,900,000 for 

Astrophysics. An increase of $10,000,000 is provided for the 

Exoplanet Exploration program to develop the technology for a possible StarShade demonstration mission using the Wide-Field Infrared Survey Telescope. 

Astrophysics observatories.—The Committee commends NASA for 

its long-standing efforts to provide the scientific community with 

observations of astrophysical objects simultaneously over a broad 

range of wavelengths. The Committee understands that NASA and 

the community are working on concept studies for the next Astrophysics Decadal survey and that missions are being proposed for 

the upcoming Astrophysics Explorers Announcement of Opportunity. As appropriate, NASA shall keep the Committee informed 

of any future plans to obtain astrophysical observations in the xray and gamma-ray wavelengths. 

Stratospheric Observatory for Infrared Astronomy (SOFIA).—The 

recommendation includes $85,200,000, the fiscal year 2016 level, 

for SOFIA, a state-of-the-art far-infrared observatory with a 

planned 20-year life cycle. When determining future observation cycles, NASA shall not undertake any actions leading to the premature shutdown of the SOFIA program without the participation 

of international partners, as appropriate, in any scientific reviews 

and formulation of recommendations. Consistent with the approach 

NASA has taken with the Great Observatories, NASA shall also 

not undertake any changes that would be disruptive to the SOFIA 

program and the management of its operations. 

James Webb Space Telescope (JWST).—The recommendation for 

the JWST is $569,400,000, which is the same as the request and 

$50,600,000 below fiscal year 2016. While the Committee remains 

supportive of the JWST and the science that will result from its 

mission, GAO’s March 2016 Assessments of Major Projects found 

that major integration and test events remain to be completed prior 

to its October 2018 launch readiness date. NASA shall continue to 

provide the Committee with quarterly briefings on JWST’s technical status, achievement of program milestones, and budget and 

schedule performance. 

Heliophysics.—The recommendation includes $698,700,000 for 

Heliophysics, which is $25,000,000 above the discretionary request. 

Education and Public Outreach (EPO).—The recommendation includes $37,000,000 for Science Mission Directorate (SMD)-wide 

EPO activities. NASA shall, in the fiscal year 2017 spending plan, 

reallocate these funds proportionally among the SMD divisions, resulting in a dedicated budget line for each division’s EPO activities. 

This approach will still permit competition among projects for the 

best use of funds; focus that competition among projects that are 

more easily compared to one another; and provide better stability 

for the educational communities in each major SMD discipline. 


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AERONAUTICS

The Committee recommends $712,000,000 for Aeronautics, which 

is $72,000,000 above fiscal year 2016 and $77,500,000 above the 

discretionary request. 

Low Boom Flight Demonstrator.—Within amounts provided for 

Aeronautics, $61,000,000 is to begin development of the Low Boom 

Flight Demonstrator. This funding builds on $16,000,000 allocated 

by NASA in fiscal year 2016 for preliminary design efforts. The 

Committee anticipates that the total cost to build this flight demonstrator will be approximately $300,000,000 and that it will be 

flown starting in fiscal year 2020. NASA shall ensure that it requests sufficient funds in subsequent budget requests to build and 

fly the low boom flight demonstrator as proposed. Finally, NASA 

shall ensure that research resulting from the flight demonstrator 

is transitioned, as quickly as possible, to the private sector for use 

in commercial aviation applications. 

Hypersonics research.—NASA is encouraged to work with other 

Federal partners to conduct fundamental hypersonics research, applied research in propulsion, vehicle technologies, and hypersonic 

flight experiments. 

Advanced materials research.—The Committee recognizes the 

role NASA and university research institutions play in developing 

advanced materials platforms for next generation air and space vehicles. Within amounts provided, NASA is encouraged to partner 

with academic institutions that have strong capabilities in aviation 

and aerospace structures; materials testing and evaluation; and 

with a demonstrated and recognized record for integration of these 

materials into manufacturing and production within the aviation 

and aerospace industry. 

Unmanned aircraft systems (UAS) safety.—The recommendation 

includes $169,400,000 for the Airspace Operations and Safety Program and directs NASA to help ensure the safe integration of UAS 

into the national airspace system. NASA is encouraged to work 

with the Federal Aviation Administration (FAA) and the Department of Homeland Security to evaluate the safety of UAS for use 

in a broad range of public safety applications over land and maritime environments and to answer key research questions. 

Air traffic safety.—NASA is encouraged to coordinate with the 

FAA and leverage the six test ranges established under section 332 

of the FAA Modernization and Reform Act (Public Law 112 95) to 

help answer key research questions such as solutions for sense and 

avoid, command and control, ground control station standards and 

human factors, airworthiness, lost link procedures, and interoperability within the air traffic control system. 

Vertical lift research.—The Committee is supportive of NASA’s 

Revolutionary Vertical Lift Technology initiative. NASA shall provide a report within 90 days of enactment that describes NASA’s 

current rotary wing and fixed wing vertical lift research as well as 

planned outyear investments in this area. 

SPACE TECHNOLOGY

The Committee recommends $739,200,000 for Space Technology, 

which is $52,700,000 above fiscal year 2016 and $48,600,000 above 

the discretionary request. When considering energy and propulsion 


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grants, including fusion energy, NASA is encouraged to seek partnerships with agencies and universities with expertise in this area. 

Nuclear thermal propulsion technology.—The recommendation includes no less than $35,000,000 for nuclear propulsion technologies 

for space transportation and exploration. NASA shall provide a report to the Committee within 180 days of enactment of this Act on 

ongoing nuclear propulsion research, how NASA intends to employ 

this technology to support various exploration programs, and a 

comparison of nuclear propulsion and use to other forms of propulsion, in terms of speed and ease of construction. 

Small launch technology platform.—The recommendation pro- vides no less than $45,000,000 for sub-orbital and orbital technology demonstration of small launch technology platforms able to 

carry a 200–300 kilogram small satellite into low Earth orbit. The 

small launch technology demonstration platform shall leverage existing government derived small launch technologies to the maximum extent possible. 

Additive manufacturing.—The recommendation provides no less than $25,000,000 for additive manufacturing technology research 

for use in rocket engines and structures. 

Interstellar propulsion research.—Current NASA propulsion investments include advancements in chemical, solar electric, and 

nuclear thermal propulsion. However, even in their ultimate theoretically achievable implementations, none of these could approach 

cruise velocities of one-tenth the speed of light (0.1c), nor could any 

other fission-based approach (including nuclear electric or pulsed 

fission). The Committee encourages NASA to study and develop 

propulsion concepts that could enable an interstellar scientific 

probe with the capability of achieving a cruise velocity of 0.1c. 

These efforts shall be centered on enabling such a mission to Alpha 

Centauri, which can be launched by the one-hundredth anniversary, 2069, of the Apollo 11 moon landing. Propulsion concepts may 

include, but are not limited to fusion-based implementations (including antimatter-catalyzed fusion and the Bussard interstellar 

ramjet); matter-antimatter annihilation reactions; multiple forms of 

beamed energy approaches; and immense ‘sails’ that intercept solar 

photons or the solar wind. At the present time, none of these are 

beyond technology readiness level (TRL) 1 or 2. The NASA Innovative Advanced Concepts (NIAC) program is currently funding concept studies of directed energy propulsion for wafer-sized spacecraft 

that in principle could achieve velocities exceeding 0.1c and an electric sail that intercepts solar wind protons. Over the past few years 

NIAC has also funded mission-level concept studies of two fusionbased propulsion concepts. Therefore, within one year of enactment 

of this Act, NASA shall submit an interstellar propulsion technology assessment report with a draft conceptual roadmap, which 

may include an overview of potential advance propulsion concepts 

for such an interstellar mission, including technical challenges, 

technology readiness level assessments, risks, and potential nearterm milestones and funding requirements. 

EXPLORATION

The Committee recommends $4,183,000,000 for Exploration, 

which is $153,000,000 above fiscal year 2016 and $1,019,100,000 

above the discretionary request. GAO shall continue its reviews of 


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NASA’s human exploration programs, specifically the Space 

Launch System (SLS) program, the Orion program, and Exploration Ground Systems, including issues that cut across these programs. GAO shall provide interim, periodic updates to the Committee, as necessary, given that the first launch of SLS with Orion 

is scheduled to occur in 2018. 

Mission to Mars.—While the Committee recognizes the benefits 

of some of the technology that is under development as part of the 

asteroid redirect and retrieval missions, namely advanced propulsion technology research, asteroid deflection, and grappling technologies, the Committee believes that neither a robotic nor a 

crewed mission to an asteroid appreciably contribute to the overarching mission to Mars. Further, the long-term costs of launching 

a robotic craft to the asteroid, followed by a crewed mission, are 

unknown and will divert scarce resources away from developing 

technology and equipment necessary for missions to Mars, namely 

deep space habitats, accessing and utilizing space resources, and 

developing entry, descent, landing, and ascent technologies. Toward 

that end, no funds are included in this bill for NASA to continue 

planning efforts to conduct either robotic or crewed missions to an 

asteroid. Instead, NASA is encouraged to develop plans to return 

to the Moon to test capabilities that will be needed for Mars, including habitation modules, lunar prospecting, and landing and ascent vehicles. Further, the Committee is supportive of NASA’s efforts to use the International Space Station (ISS) to conduct research necessary to enable long-term human spaceflight, or ‘‘Earthreliant’’ technology development; cis-lunar space activities, or 

‘‘proving ground’’ efforts such as Orion flights on SLS in the vicinity of the Moon, and deployment and testing of deep space habitation modules; and finally, NASA’s ‘‘Earth independent’’ activities 

which include using cis-lunar space as a staging area, mapping potential human exploration zones and caching samples on Mars as 

part of the Mars Rover 2020 mission. 

Long-term exploration capabilities.—NASA continues to develop 

the Orion Multi-Purpose Crew Vehicle, Space Launch System and 

Exploration Ground System Development projects with the completion of the critical design review milestone for the core designs. 

These core designs will support many of the missions that the 

Agency will undertake in the future. These designs are extensible 

to human missions to the proving ground and will support a new 

class of robotic spacecraft and missions. Early human missions, 

such as Exploration Mission–1 (EM–1) and EM–2 will serve as the 

foundational missions validating the core functionality of the designs and building operational knowledge needed for flights beyond 

the Earth and moon system. Because Orion and SLS are elements 

of a multi-decadal, integrated deep space exploration capability, the 

missions beyond EM–2 will evolve the designs of both Orion and 

SLS with enhanced capabilities and build the skills necessary for 

human exploration independent of Earth. This evolution, as was 

done on Mercury, Gemini, Apollo and Space Shuttle allows the continued adaptability, flexibility and flight safety approach critical to 

moving from the proving ground to Earth independent phases of 

exploration. 

Human exploration.—The recommendation for NASA’s human 

exploration program includes $1,350,000,000 for the Orion MultiVerDate Sep 11 2014 07:40 Jun 08, 2016 Jkt 020239 PO 00000 Frm 00062 Fmt 6659 Sfmt 6602 E:\HR\OC\HR605.XXX HR605

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purpose Crew Vehicle; $2,000,000,000 for SLS vehicle development; 

and $429,000,000 for Exploration Ground Systems. NASA’s budget 

proposed funding gimmicks and cuts that would decimate the very 

programs that will engage, employ, energize and inspire the nation. 

The Committee instead proposes a steady funding stream to maintain near-term launch schedules for NASA’s human exploration 

program and enable NASA to develop long-term life-cycle costs and 

schedules for using these capabilities for future exploration missions. 

Space Launch System.—The recommended level of 

$2,000,000,000, an increase of $817,600,000 above the discretionary 

request, for launch vehicle development includes no less than 

$250,000,000 for continued exploration upper stage (EUS) development and $47,500,000 for SLS program integration. Funds provided above the request are to ensure that the EM–1 launch date 

does not slip beyond 2018 and to complete EUS for EM–2. The 

Committee notes that despite specific direction and funding in the 

Consolidated Appropriations Act, 2016, the request does not include funding for the EUS and its propulsion systems required for 

EM–2, the second flight of SLS/Orion planned for 2021. NASA shall 

provide the Committee with a report within 120 days of enactment 

of this Act describing investments to date on the EUS, a spend 

plan with milestones for the funds provided in fiscal year 2017 and 

funds necessary to complete EUS for use on EM–2 and to develop 

EUS for use on subsequent SLS launches. This report shall also include an analysis regarding the most efficient and cost effective 

means of manufacturing subsequent EUSs for use on future SLS 

flights. In addition, NASA shall continue submitting quarterly reports on SLS spending by major program element, as first required 

in the statement accompanying Public Law 112–55. To the maximum extent possible, NASA shall ensure that all vehicle development leverages existing investments; promotes efficiency through 

commonality of design and concurrent development; and minimizes 

the need for redesigns or other costly changes affecting future SLS 

vehicle configurations. 

Maximizing use of SLS.—The Committee reminds NASA that 

Public Law 114–113 directed NASA to submit long-term plans for 

maximizing the use of the SLS. NASA shall include the Europa Orbiter and Lander missions in this plan, as directed elsewhere in 

this report and accompanying bill. As part of this effort to develop 

a long-term plan to use SLS to the fullest extent possible, NASA 

shall make SLS available on a cost reimbursable basis for nonNASA payloads, as appropriate. To ensure that the significant investment in SLS is maximized, within one year of enactment of 

this Act, NASA shall also issue a Request for Information to determine what payloads might benefit commercial and educational providers, when space is available on an SLS flight beyond low Earth 

orbit. 

Orion.—The recommendation provides $1,350,000,000, which is 

$80,000,000 above the enacted level and $296,600,000 above the 

discretionary request, for the Orion program. NASA shall continue 

to provide quarterly briefings to the Committee on the overall status of Orion. The Committee remains concerned that NASA’s current schedule does not provide adequate time to conduct in-situ 

tests and fully test all systems necessary to support humans on 


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EM–1, prior to sending humans on Orion in EM–2. NASA shall 

provide a report to the Committee, within 90 days of enactment, 

describing and documenting why this approach is acceptable. 

NASA shall keep the Committee informed of ongoing work with respect to the Orion Service Module. Nothing in this report or accompanying Act shall be construed as directing NASA to proceed with 

any human spaceflight until all of the risks have been retired. 

Integrated launch readiness.—The recommendation includes 

$47,500,000 as requested for SLS, Orion and ground system integration activities. These funds will address coordination issues 

among the three programs and ensure that they are progressing in 

tandem toward EM–1 and future missions. The Committee notes 

that it is still awaiting a comprehensive plan, with yearly budgets 

by component including various ground facilities and quarterly 

milestones, to achieve integrated launch readiness dates for EM– 

1 and EM–2. This report shall also provide an analysis of various 

capabilities that will be provided with 70, 105, and 130 metric ton 

capabilities, to include the yearly costs necessary to proceed with 

this incremental approach. 

Exploration Research and Development (R&D).—The recommendation includes $404,000,000 for Exploration R&D. The 

Committee urges NASA to continue its work with the private sector and academia to develop exploration capabilities such as advanced propulsion, habitats and landers that may be used with 

Orion and SLS and are necessary to enable space and human exploration to the Moon, Mars, and other deep space destinations. 

Next Space Technologies for Exploration Partnerships.—The recommendation includes no less than $75,000,000 under the Advanced Exploration Systems program for development of a demonstration habitation module. NASA shall provide periodic updates 

regarding the status and funding of this project to ensure timely 

completion. 

Lunar surface.—The Committee supports the development and 

launch of low-cost missions to explore and characterize the lunar 

surface and encourages NASA to work with commercial industry, 

academia, and international space agencies to better understand 

the subsurface lunar geology, particularly in-situ water resources, 

to support future robotic and astronaut operations. Not later than 

180 days after the enactment of this Act, NASA shall submit a report detailing ongoing and planned lunar programs. 

SPACE OPERATIONS

The Committee recommends $4,890,300,000 for Space Operations. 

International Space Station (ISS) operations.—The Committee 

remains concerned about annual ISS operations costs and encourages NASA to implement cost savings measures with the goal of 

slowing and reducing the ISS operations budget while maximizing 

research opportunities. Given that NASA operations on the ISS are 

extended through only 2024, NASA is encouraged to begin efforts 

to determine what follow-on activities are necessary, within budget 

constraints, to maintain a U.S. human presence in space. 

NASA continues to allocate insufficient resources for space life 

and physical science research aboard the ISS. The Committee believes that this basic research performed on the ISS is an essential 


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translational step for space exploration that also reduces uncertainty for research pathways that have potential high value life 

and physical science applications on Earth. Within amounts provided for ISS Research, NASA is encouraged to allocate no less 

than 15 percent of this amount for space life and physical science 

research and provide a report to the Committee on these matters 

no later than 180 days after enactment of this Act. 

Commercial Crew.—The Committee understands and is concerned that some fiscal year 2016 and 2017 project milestones have 

slipped. NASA shall continue submitting quarterly reports on the 

status of the Commercial Crew Integrated Capability and Commercial Crew Transportation Capability contracts and advise the Committee promptly if milestone slips will impact the planned 2017 

uncrewed and crewed flights to the ISS. As part of the quarterly 

reporting requirements, NASA shall submit information describing 

the planned operations tempo of the Commercial Crew program, to 

include numbers of astronauts per flight and per provider; training 

needs, costs, and status of U.S. based training facilities; and a description of any Commercial Crew seats that will be allocated to 

foreign partners. NASA also shall provide an assessment by the 

second quarter of fiscal year 2017 on the cost and need to reserve 

flights on foreign partner capsules in tandem with the Commercial 

Crew program in 2018 and future years. 

Space and Flight Support.—Space and flight support includes 

$12,000,000, as requested, to modernize and upgrade both the Wallops Flight Facility (WFF) and Kennedy Space Center (KSC) 

launch and range complexes. The Committee supports maintaining 

launch sites serving the ISS at both the WFF and KSC to ensure 

uninterrupted domestic cargo access to the ISS. 

Commercial cargo.—NASA shall continue to provide quarterly 

updates on the Commercial Resupply Services (CRS) –1 contract 

and shall begin including data on CRS–2 contracts and associated 

milestones. These reports shall include information currently provided and shall now also include cost per flight, date of actual 

flight, and date when payments for each mission are made. 

Space shuttle closeout costs.—The Committee is aware that 

NASA continues to work with former space shuttle providers to 

close any remaining contracts. The Committee urges NASA and its 

partners to expeditiously close remaining items, in accordance with 

established accounting procedures, so as not to impact ongoing ISS 

activities. NASA shall keep the Committee informed of these activities. 

EDUCATION

The Committee recommends $115,000,000 for Education, which 

is the same as fiscal year 2016 and $14,900,000 above the request. 

The Committee is concerned that despite direction in Public Law 

114–113, overhead costs remain excessive. To ensure that the program is operating efficiently with minimum overhead, NASA shall 

provide a report to the Committee within 180 days of enactment 

that analyzes how funds have been spent over the last three fiscal 

years, to include 1) a list of cooperative agreements, Space Act 

Agreements, and grantees, including the amount and purpose of 

grant or funding allocation; and 2) a complete description, including amounts and purposes, of how remaining funds have been 


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spent. This analysis shall also include a plan to ensure that no 

more than five percent overhead is charged within the Education 

account by fiscal year 2018. 

National Space Grant College and Fellowship Program.—The 

recommendation includes $40,000,000 for the Space Grant program, which is the same as fiscal year 2016. These funds shall be 

allocated to the consortia lead institutions in all 52 participating 

jurisdictions according to the percentage allocation provided to 

States in the current five year grant award period. 

Experimental Program to Stimulate Competitive Research 

(EPSCoR).—The recommendation includes $18,000,000 for 

EPSCoR, which is the same as fiscal year 2016. 

STEM Education and Accountability Programs (SEAP).—NASA 

shall brief the Committee on the intended distribution of fiscal year 

2017 SEAP resources to individual activities; how that distribution 

compares to the fiscal year 2016 distribution; how that distribution 

supports the priorities contained in the government-wide STEM 

education strategic plan; and what partnerships NASA has formed 

through its various SEAP programs with Hispanic Serving Institutions and Historically Black Colleges and Universities. 

SAFETY, SECURITY AND MISSION SERVICES

The Committee recommends $2,835,400,000 for Safety, Security and Mission Services, which is $66,800,000 above fiscal year 2016 

and $1,400,000 below the request. 

Security.—The Committee recognizes that proper security compliance at NASA requires effective and comprehensive policies, strong 

enforcement mechanisms, sustained leadership attention, and implementation of the foreign national access management (FNAM) 

recommendations from such organizations as the National Academy of Public Administration (NAPA), GAO, and the NASA IG. 

NAPA’s March 2016 follow-up assessment report, Review of the 

NASA Response to the Academy’s Report on Foreign National Access Management, found that NASA had taken some steps to address each of NAPA’s 2014 recommendations and is on a path toward institutionalizing an integrated FNAM Program and incorporating its components into daily Center operations. However, the 

Committee is concerned that all of the previous recommendations 

have not been fully implemented. Therefore, NASA shall continue 

to submit quarterly reports and contract with an independent entity for an additional update on the agency’s progress in implementing the needed corrective actions. The Committee expects that 

this update process will begin no later than 30 days after enactment of this Act with a subsequent report to be submitted no later 

than one year after enactment of this Act. 

Bilateral activities.—The recommendation includes modified bill 

language directing that the Federal Bureau of Investigation shall 

confirm or otherwise certify that NASA bilateral activities are in 

compliance with section 529 of this bill. 

Infrastructure revitalization plan.—The Committee recognizes 

that, according to various NASA IG and GAO reports, NASA facilities are aging and in need of significant repair, modification, and 

upgrades. Given ongoing budget constraints paired with an aggressive science and exploration agenda, NASA shall develop a multiyear investment plan that ensures NASA’s infrastructure can supVerDate Sep 11 2014 07:40 Jun 08, 2016 Jkt 020239 PO 00000 Frm 00066 Fmt 6659 Sfmt 6602 E:\HR\OC\HR605.XXX HR605

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port its various missions now and into the future. NASA shall integrate institutional, operational, maintenance, and facility requirements into a revitalization plan for review by the NASA Advisory 

Council, Institutional Committee. This agency-level revitalization 

plan shall identify areas of concern, gaps in the maintenance and 

capability of NASA infrastructure compared to requirements, and 

provide a sustainable multi-year plan and cost estimate to address 

these items. The results of the revitalization plan shall be submitted to the Committee within 18 months of enactment of this 

Act. 

Property disposal.—The Committee encourages NASA to avail 

itself of existing authority that authorizes NASA to ‘‘. . . sell and 

otherwise dispose of real and personal property . . .’’ in accordance 

with the provisions of chapters 1 to 11 of title 40 and in accordance 

with title III of the Federal Property and Administrative Services 

Act of 1949 (41 U.S.C. 251 et seq.). NASA shall submit a report 

within 180 days of enactment describing its use of this authority 

for fiscal years 2015 and 2016, and any intended uses during fiscal 

year 2017. 

Working Capital Fund (WCF) reporting.—NASA shall continue to 

submit quarterly reports to the Committee on the expenditures and 

unobligated balances of NASA’s WCF. 

Independent Verification and Validation (IV&V).—The recommendation includes no less than the fiscal year 2016 operating 

level for the IV&V program. If necessary, NASA shall fund any additional IV&V activities from within the mission directorates that 

make use of IV&V services. 

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

The Committee recommends $398,000,000 for Construction and 

Environmental Compliance and Restoration, which is $9,100,000 

above fiscal year 2016 and $21,800,000 below the request. Within 

amounts provided, NASA shall assess its existing infrastructure 

and ensure that appropriate facilities are available to support continued development and use of the supersonic low boom flight demonstrator. When taking remedial actions, NASA is encouraged to 

protect culturally significant Native American sites. 

OFFICE OF INSPECTOR GENERAL

The Committee recommends $38,100,000 for the Office of Inspector General, which is $700,000 above fiscal year 2016 and the same 

as the request. 

Export control.—The Committee understands that the NASA IG 

will issue a report regarding NASA’s implementation of recommendations made by the GAO in its 2014 report, GAO–14–315, 

Export Controls: NASA Management Action and Improved Oversight Needed to Reduce the Risk of Unauthorized Access to Its Technologies. The Committee encourages the NASA IG to examine any 

access violations by foreign nationals and any unauthorized transfer of proprietary or sensitive information during fiscal years 2012 

through fiscal year 2016 and provide a report on these matters 

within six months of enactment of this Act. 


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ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFERS OF FUNDS)

The Committee has included the following administrative provisions for NASA: 

The bill includes a provision that makes funds for any announced 

prize available without fiscal year limitation until the prize is 

claimed or the offer is withdrawn. 

The bill includes a provision that establishes terms and conditions for the transfer of funds. 

The bill includes a provision that requires NASA to submit its 

agency spending plan at the activity level and subjects both the 

spending plan and specified changes to that plan to reprogramming 

procedures under section 505 of this Act. 

The bill includes a provision that allows the transfer of balances 

under a previous appropriations account structure to the current 

appropriations account structure. 

NATIONAL SCIENCE FOUNDATION

The Committee commends NSF and its academic partners for the 

September, 2015 detection of gravitational waves using the twin 

Laser Interferometer Gravitational-wave Observatory (LIGO) detectors. The Committee believes that infrastructure investments 

such as these result in expanding our understanding of the universe and inspiring students to pursue careers in the sciences. The 

Committee is mindful of the need to balance these investments 

with the need to ensure that research funds are available and 

ample so that scientists can study and exploit data derived from 

such large infrastructure projects. The Committee recognizes that 

current and future large scientific facilities represent an enormous 

investment of Federal resources that must be administered wisely. 

Toward that end, NSF shall provide periodic updates to the Committee with respect to its implementation of recommendations from 

the NAPA report, National Science Foundation: Use of Cooperative 

Agreements to Support Large Scale Investment in Research which 

included a review NSF’s use of cooperative agreements to support 

the development, construction, commissioning, and future operations of state-of-the-art, large-scale research facilities. Further, 

within amounts provided, NSF shall allocate sufficient support to 

its existing national research assets, including the astronomy assets, the current academic research fleet including global class vessels with unique seismic capabilities, Federally funded research 

and development centers, and the national high performance computing centers, so they may provide the support needed for cutting 

edge research. With respect to the academic fleet, NSF shall provide the Committee, coincident with the fiscal year 2018 budget request, a five year schedule for the deployment of the academic fleet 

that maximizes research opportunities in a cost effective and transparent manner. 

Independent Review.—GAO shall review programs funded within 

the Major Research Equipment and Facilities Construction 

(MREFC) account and provide analysis to the Committee similar to 

that which the Committee receives from GAO on NASA’s largescale acquisition and construction projects. The Committee believes 


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that this additional independent analysis will help identify potential technical risks and cost overruns over the construction life of 

projects so that these important scientific missions remain on 

schedule and on budget. NSF is directed to cooperate fully and to 

provide timely program analysis, evaluation data, and other relevant information to GAO so that it may report to Congress shortly 

after the annual budget submission of the President and semiannually thereafter on the status of large-scale NSF programs, projects, 

and activities based on its review of this information. The Committee notes that NSF has a no-cost overrun policy and expects 

GAO’s analysis to explain how NSF intends to implement this policy should it be triggered. 

RESEARCH AND RELATED ACTIVITIES

The Committee recommends $6,079,430,000 for Research and Related Activities, which is an increase of $45,785,000 above fiscal 

year 2016 and the same as the request. 

Peer review.—The Committee has long been supportive of NSF’s 

peer review process to identify and recommend funding for scientifically meritorious research. NSF’s ability to fund cutting-edge research helps keep the United States at the forefront of research 

across all scientific disciplines, which in turn builds the technological capabilities that underpin economic growth and prosperity. 

Abstracts.—The Committee directs NSF to continue its efforts to 

ensure that award abstracts clearly explain in plain English the intent of the project and how the project meets both the intellectual 

merit and the broader impact review criterion. Improving the peer 

review process and project abstracts are critical to protecting NSF’s 

stellar scientific integrity. The abstracts serve as a public justification for NSF funding decisions by articulating how the project 

serves the national interest, consistent with the Foundation’s mission as established in the National Science Foundation Act of 1950 

(42 U.S.C. 1861 et seq). The Committee believes that abstracts 

should explain how a project increases economic competitiveness in 

the United States; advances the health and welfare of the American public; develops an American STEM workforce, including computer science and information technology sectors, that are globally 

competitive; increases public scientific literacy and public engagement with science and technology in the United States; increases 

partnerships between academia and industry in the United States; 

supports the national defense of the United States; or promotes the 

progress of science for the United States. 

Experimental Program to Stimulate Competitive Research 

(EPSCoR).—Within amounts provided, $170,690,000 is for 

EPSCoR. 

Neuroscience.—Within amounts provided, $146,930,000 is for 

NSF’s contributions to the Brain Research through Advancing Innovative Neurotechnologies (BRAIN) initiative. 

Astronomical Sciences Portfolio Review.—The Committee recognizes that the continued operation of the NSF network of astronomical observatories is a strategic asset to the nation, and that 

each observatory serves a specific need in Astronomical Sciences. 

These observatories were created with strong Federal investments 

and the observatories shall remain under NSF operation where 

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structure tied to the findings of its 2012 Astronomical Sciences 

Portfolio Review without first reporting such actions to the Committee. Further, any such actions shall be carried out in accordance 

with relevant reprogramming requirements. The Committee is 

aware that NSF is working cooperatively with academic and private sector partners to develop plans to share future operations 

and maintenance costs of some aging but still scientifically productive facilities. NSF shall keep the Committee informed of these activities. 

High-performance computing.—The Committee urges NSF to continue its commitment to modernizing its world-class big data and 

high-performance computing resources, which support all areas of 

scientific research and education, including the most demanding 

scientific challenges. NSF shall brief the Committee periodically on 

its efforts to incorporate the recommendations from the National 

Academy of Sciences report, Future Directions for NSF Advanced 

Computing Infrastructure to Support U.S. Science and Engineering 

in 2017–2020. 

International Ocean Drilling Program (IODP).—The recommendation provides $48,000,000, as requested, for the IODP. 

The Committee notes that in addition to this funding, the IODP 

program derives funding from international and/or industry partners to maximize operation time on the JOIDES Resolution ocean 

drilling research vessel. The Committee supports moving towards 

the goal of operating five research missions a year. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

The Committee recommends $87,120,000 for Major Research 

Equipment and Facilities Construction, which is $113,190,000 

below fiscal year 2016 and $106,000,000 below the request. 

Large Synoptic Survey Telescope (LSST).—The recommendation 

includes $67,120,000, the requested amount, for the LSST. The 

LSST, which was ranked as the top large ground-based astronomy 

project by the National Research Council 2010 Decadal Survey, will 

produce the deepest, widest-field sky image ever, and issue alerts 

for moving and transient objects within 60 seconds of discovery. 

NSF shall provide quarterly briefings to the Committee on the status of this project, to include updates on addressing the issues 

identified by the NSF IG. 

Daniel K. Inouye Solar Telescope (DKIST).—NSF shall provide 

quarterly briefings to the Committee on the status of DKIST, to include updates on addressing the issues identified by the NSF IG. 

Antarctic program.—The recommendation fully funds the requested amounts for the Antarctic Infrastructure Modernization for 

Science program which builds on recommendations for increased efficiencies included in the U.S. Antarctic Program Blue Ribbon 

Panel report, More and Better Science in Antarctica through Increased Logistical Effectiveness. 

EDUCATION AND HUMAN RESOURCES

The Committee recommends $880,000,000 for Education and 

Human Resources (EHR), which is the same as fiscal year 2016 

and $18,870,000 below the request. 


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Dyslexia.—NSF shall fully implement section 4 of the Research 

Excellence and Advancements for Dyslexia Act exactly as enacted in 

Public Law 114–124. 

Advanced Technological Education (ATE).—The recommendation 

provides no less than the fiscal year 2016 level for the ATE program. 

Broadening participation programs.—To broaden the participation of underrepresented populations in STEM education programs 

and, ultimately, the STEM workforce, the recommendation provides no less than $35,000,000 for the Historically Black Colleges 

and Universities Undergraduate Program; $46,000,000 for the 

Louis Stokes Alliance for Minority Participation; and $14,000,000 

for the Tribal Colleges and Universities Program. In addition, over 

the past several years, this Committee has asked NSF to consider 

creating a program within EHR to focus on Hispanic Serving Institutions (HSIs). Such a program was authorized in the America 

COMPETES Act of 2010. The Committee directs NSF to establish 

an HSI-specific program no later than 120 days after enactment of 

this Act and demonstrate a $30,000,000 investment no later than 

September 30, 2017. 

Innovation Corps.—The recommendation includes $35,000,000 for 

the NSF Innovation Corps program. The $5,000,000 increase above 

the request will allow the NSF to provide additional funding for 

new and existing I-Corps Teams, Sites, and Nodes to enable greater participation nationally. 

Cybersecurity Research.—The Committee encourages NSF to 

form partnerships with Hispanic Serving Institutions and Historically Black Colleges and Universities and to report to the Committee on these matters within 180 days of enactment of this Act. 

AGENCY OPERATIONS AND AWARD MANAGEMENT

The Committee recommends $340,000,000 for Agency Operations and Award Management, which is $10,000,000 above fiscal year 

2016 and $33,020,000 below the request. 

Headquarters.—NSF shall keep the Committee informed regarding the status of transitioning to the new headquarters building. 

OFFICE OF THE NATIONAL SCIENCE BOARD

The Committee recommends $4,380,000 for the National Science 

Board, which is $10,000 more than fiscal year 2016 and the same 

as the request. 

OFFICE OF INSPECTOR GENERAL

The Committee recommends $15,200,000 for the Office of Inspector General, which is $40,000 above fiscal year 2016 and the same 

as the request. 

Management challenges.—The IG shall brief the Committee on a 

quarterly basis regarding NSF’s progress in addressing issues 

raised in various IG reports and alert memos. 

ADMINISTRATIVE PROVISION

(INCLUDING TRANSFER OF FUNDS)

The bill includes a provision that establishes thresholds for the 

transfer of funds. 


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TITLE IV 

RELATED AGENCIES 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

The Committee recommends $9,200,000 for the Commission on 

Civil Rights, which is the same as fiscal year 2016 and $230,000 

below the request. 

Prioritization of statutory enforcement report subject matter.— 

When choosing the subject matter for future statutory enforcement 

reports, the Committee believes the Commission should focus on 

crucial and urgent civil rights concerns. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

The Committee recommends $364,500,000 for the Equal Employment Opportunity Commission (EEOC), which is the same as fiscal 

year 2016 and $12,146,000 below the request. 

Backlog reduction.—The Committee expects the EEOC to 

prioritize inventory reduction rather than allocate resources for 

systematic changes in which no complaint was filed by an actual/ 

former employee or applicant. EEOC shall provide an annual report on the backlog, to include data on the number and pendency 

of charges, on any changes to EEOC’s priority charge handling procedures, and the effect of such changes on inventory reduction. 

Conciliation.—The Committee is concerned with the EEOC’s pursuit of litigation absent good faith conciliation efforts. The Committee directs the EEOC to engage in such efforts before undertaking litigation. 

State and Local Enforcement Assistance.—The Committee recommends up to $29,500,000 to assist State and local enforcement 

agencies. The Committee continues to believe that none of these 

funds should be used for tester programs. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

The Committee recommends $90,000,000 for the International 

Trade Commission (ITC), which is $1,500,000 above fiscal year 

2016 and $2,866,000 below the request. 

Cybersecurity.—ITC handles sensitive and proprietary data and 

therefore is a potential target for cyber attacks. The Committee expects ITC to prioritize efforts to improve its cybersecurity posture. 

The Committee also encourages ITC to work with other relevant 

Federal agencies to inform its actions. 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

The Committee recommends $350,000,000 for the Legal Services 

Corporation (LSC), which is $35,000,000 below fiscal year 2016 and 

$125,000,000 below the request. 


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ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

The bill continues restrictions on the uses of LSC funding. None 

of the funds appropriated in this Act to the LSC shall be expended 

for any purpose prohibited or limited by, or contrary to any of the 

provisions of, sections 501, 502, 503, 504, 505, and 506 of Public 

Law 105–119, and all funds appropriated in this Act to the LSC 

shall be subject to the same terms and conditions set forth in such 

sections, except that all references in sections 502 and 503 to 1997 

and 1998 shall be deemed to refer instead to 2016 and 2017, respectively. 

Unauthorized uses of funds.—The Inspector General (IG) of the 

LSC is encouraged to conduct annual audits of LSC grantees to ensure that funds are not used in contravention of the restrictions on 

engaging in political activities, representing illegal immigrants, or 

any of the other restrictions by which LSC grantees are required 

to abide. The Committee recommends the removal of funds from 

any LSC grantee determined by the IG to have engaged in unauthorized activity. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

The Committee recommends $3,431,000 for the Marine Mammal 

Commission, which is the same as fiscal year 2016 and the request. 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

The Committee recommends $65,000,000 for the Office of the 

U.S. Trade Representative (USTR), which is $10,500,000 above fiscal year 2016 and $5,624,000 above the request. 

SALARIES AND EXPENSES

The Committee recommends $50,000,000 for the salaries and expenses of USTR, which is $4,500,000 below fiscal year 2016 and 

$9,376,000 below the request. 

China.—The Committee expects that USTR will coordinate and 

implement a comprehensive and vigorous strategy to address the 

United States’ trade imbalance with China. Within the amounts 

provided, the USTR is encouraged to maintain staff who can translate trade documents that USTR receives from China. The Committee believes that USTR should have its own translators on staff 

given the challenges associated with enforcing existing U.S. trade 

laws with China. 

Free trade agreements.—The Committee directs USTR to continue to pursue free trade agreements with additional countries 

and trading blocs to continue advancing trade to and from the 

United States. 

TRADE ENFORCEMENT TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

The Committee recommends $15,000,000, which is to be derived 

from the Trade Enforcement Trust Fund, for trade enforcement activities authorized by the Trade Facilitation and Trade Enforcement Act of 2015. No funds were requested from this Fund. 


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STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

The Committee recommends $5,121,000 for the State Justice Institute, which is the same as fiscal year 2016 and the request. 

TITLE V 

GENERAL PROVISIONS 

(INCLUDING TRANSFER OF FUNDS)

(INCLUDING RESCISSIONS)

Section 501 prohibits the use of funds for publicity or propaganda 

purposes unless expressly authorized by law. 

Section 502 prohibits any appropriation contained in this Act 

from remaining available for obligation beyond the current fiscal 

year unless expressly authorized. 

Section 503 provides that the expenditure of any appropriation 

contained in this Act for any consulting service through procurement contracts shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law or 

under existing Executive order issued pursuant to existing law. 

Section 504 provides that if any provision of this Act or the application of such provision to any person or circumstance shall be held 

invalid, the remainder of the Act and the application of other provisions shall not be affected. 

Section 505 prohibits a reprogramming of funds that: (1) creates 

or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any 

means for any project or activity for which funds have been denied 

or restricted; (4) relocates an office or employees; (5) reorganizes or 

renames offices, programs, or activities; (6) contracts out or 

privatizes any function or activity presently performed by Federal 

employees; (7) augments funds for existing programs, projects, or 

activities in excess of $500,000 or 10 percent, whichever is less, or 

reduces by 10 percent funding for any program, project, or activity, 

or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, 

which would result in a change in existing programs, activities, or 

projects as approved by Congress, unless the House and Senate 

Committees on Appropriations are notified 15 days in advance of 

such reprogramming of funds. 

Section 506 provides that if it is determined that any person intentionally affixes a ‘‘Made in America’’ label to any product that 

was not made in America that person shall not be eligible to receive any contract or subcontract made with funds made available 

in this Act. The section further provides that to the extent practicable, with respect to purchases of promotional items, funds made 

available under this Act shall be used to purchase items manufactured, produced, or assembled in the United States or its territories 

or possessions. 

Section 507 requires quarterly reporting to Congress on the status of balances of appropriations. 


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Section 508 provides that any costs incurred by a department or 

agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions in this Act, 

or, for the Department of Commerce, from actions taken for the 

care and protection of loan collateral or grant property, shall be absorbed within the budgetary resources available to the department 

or agency, and provides transfer authority between appropriation 

accounts to carry out this provision, subject to reprogramming procedures. 

Section 509 prohibits funds made available in this Act 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 tobacco or tobacco products of the same type. 

This provision is not intended to impact routine international trade 

services to all U.S. citizens, including the processing of applications 

to establish foreign trade zones. 

Section 510 limits the obligation of receipts deposited into the Crime Victims Fund to $2,737,000,000 during fiscal year 2017. This 

language is continued to ensure that a stable level of funds will remain available for the program, despite inconsistent levels of fines 

deposited annually into the Fund. The language also provides for 

a tribal set-aside. 

Section 511 prohibits the use of Department of Justice funds for 

programs that discriminate against or denigrate the religious or 

moral beliefs of students participating in such programs. This provision was requested by the President and has been included in the 

bill since 1999. 

Section 512 prohibits the transfer of funds made available in this 

Act to any department, agency or instrumentality of the United 

States Government, except for transfers made by, or pursuant to 

authorities provided in, this Act or any other appropriations Act. 

Section 513 provides that funds provided in this Act for E Government Initiatives shall be subject to the procedures set forth in 

section 505 of this Act. 

Section 514 prohibits funds for acquisition of certain information 

systems unless the acquiring department or agency has reviewed 

and assessed certain risks. Any acquisition of such an information 

system is contingent upon the development of a risk mitigation 

strategy and a determination that the acquisition is in the national 

interest. Each department or agency covered by this section shall 

consult with the Federal Bureau of Investigation (FBI) and other 

relevant agencies when reviewing supply chain risks and making 

a determination that the acquisition is in the national interest. 

Each department or agency covered by this section is directed to 

ensure it is following the criteria established by the FBI and the 

National Institute of Standards and Technology when acquiring or 

renewing certain information systems. Each department or agency 

covered under this section shall submit a quarterly report to the 

Committees on Appropriations of the House and Senate describing 

reviews and assessments of risk made pursuant to this section and 

any associated findings or determinations. 

Section 515 prohibits the use of funds made available in this Act 

to support or justify the use of torture by any official or contract 

employee of the United States Government. 


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Section 516 permanently prohibits the use of funds to require 

certain export licenses. 

Section 517 permanently prohibits the use of funds to deny certain import applications regarding ‘‘curios or relics’’’ firearms, 

parts, or ammunition. 

Section 518 prohibits the use of funds made available in this Act 

to include certain language in trade agreements. 

Section 519 prohibits the use of funds made available in this Act 

to authorize or issue a national security letter (NSL) in contravention of certain laws authorizing the Federal Bureau of Investigation to issue NSLs. 

Section 520 requires congressional notification regarding any 

project within the Departments of Commerce or Justice, the National Science Foundation or the National Aeronautics and Space 

Administration totaling more than $75,000,000 that has cost increases of 10 percent or more. 

Section 521 deems funds for intelligence or intelligence related 

activities as authorized by Congress during fiscal year 2017 until 

the enactment of the Intelligence Authorization Act for fiscal year 

2017. 

Section 522 prohibits contracts or grant awards in excess of 

$5,000,000 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. 

(RESCISSIONS)

Section 523 provides for rescissions of unobligated balances from 

the Department of Justice. 

Section 524 prohibits the use of funds made available in this Act 

for the purchase of first class or premium air travel in contravention of certain Federal travel regulations. 

Section 525 prohibits the use of funds made available in this Act 

to pay for the attendance of more than 50 department or agency 

employees, who are stationed in the United States, at any single 

conference outside the United States, unless the conference is a law 

enforcement training or operational event where the majority of 

Federal attendees are law enforcement personnel stationed outside 

the United States. 

Section 526 prohibits the use of funds in this or any other Act 

for the transfer or release of certain individuals detained at United 

States Naval Station, Guantanamo Bay, Cuba, to or within the 

United States, its territories, or possessions. 

Section 527 prohibits the use of funds in this or any other Act 

to construct, acquire, or modify any facility in the United States, 

its territories, or possessions to house certain individuals who, as 

of June 24, 2009, were located at United States Naval Station, 

Guantanamo Bay, Cuba, for the purposes of detention or imprisonment in the custody or control of the Department of Defense. 

Section 528 requires tracking and reporting of undisbursed balances in expired grant accounts. 

Section 529 prohibits the use of funds made available in this Act 

by the National Aeronautics and Space Administration (NASA) or 

the Office of Science and Technology Policy (OSTP) to engage in bilateral activities with China or a Chinese-owned company unless 


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the activities are authorized by subsequent legislation or NASA or 

OSTP and the Federal Bureau of Investigation have made a certification pursuant to subsections (c) and (d) of this section. 

Section 530 permanently prohibits funds from being used to deny 

the importation of shotgun models if no application for the importation of such 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. 

Section 531 prohibits the use of funds made available in this Act 

to establish or maintain a computer network that does not block 

pornography, except for law enforcement or victim assistance purposes. 

Section 532 requires each department and agency funded in the 

bill to submit spending plans. 

Section 533 prohibits funds made available by this Act to implement the Arms Trade Treaty until the Senate approves a resolution of ratification. 

Section 534 prohibits the use of funds to relinquish the responsibility of the National Telecommunications and Information Administration with respect to Internet domain name system functions. 

Section 535 prohibits funds to deny an Inspector General funded 

under this Act with timely access to records, documents, or other 

materials. 

Section 536 requires a quarterly report from the Department of 

Commerce, the National Aeronautics and Space Administration, 

and the National Science Foundation on official travel to China. 

Section 537 prohibits funds to facilitate, permit, license, or promote certain exports to Cuba. This section does not apply to exports permitted under the Trade Sanctions Reform and Export Enhancement Act of 2000. 

Section 538 prohibits funds to approve the registration, renewal, 

or maintenance of the registration of a mark, trade mark, trade 

name, or commercial name when the mark, trade mark, trade 

name, or commericial name was unlawfully confiscated in Cuba. 

Section 539 prohibits funds to enter into a civil settlement agreement on behalf of the United States that includes certain donations. 

Section 540 prohibits funds from being used to require a person 

licensed under section 923 of title 18, United States Code, to report 

information to the Department of Justice regarding the sale of multiple rifles or shotguns to the same person. 

Section 541 requires the establishment of nonnative predator fish 

research and removal pilot programs. 

Section 542 expands conservation fish hatcheries to enhance, 

supplement, and rebuild endangered species. 

Section 543 prohibits funds for Operation Choke Point. 

Section 544 requires not less than 10 percent of the funds provided for certain programs be provided to persistent poverty counties. 

Section 545 prohibits funds for the Equal Employment Opportunity Commission for collection of information as set forth in the 

notice published on February 1, 2016. 

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quire that courts promptly hear and determine any such civil action and afford the State any necessary preliminary relief. 

SPENDING REDUCTION ACCOUNT

Section 547 establishes a Spending Reduction Account. 

HOUSE OF REPRESENTATIVES REPORTING REQUIREMENTS 

The following materials are submitted in accordance with various 

requirements of the Rules of the House of Representatives: 

FULL COMMITTEE VOTES


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STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: The Committee on Appropriations considers program performance, including a program’s success in developing and attaining 

outcome-related goals and objectives, in developing funding recommendations. 

RESCISSION OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following table is submitted describing the 

rescissions recommended in the accompanying bill: 

Department of Justice 

Working Capital Fund ................................................................ $300,000,000 

Legal Activities, Assets Forfeiture Fund ................................... 304,000,000 

Drug Enforcement Administration ............................................ 6,192,000 

Federal Bureau of Investigation, Fees ...................................... 140,000,000 

Federal Bureau of Investigation, Salaries and Expenses ........ 51,600,000 

U.S. Marshals Service, Federal Prisoner Detention ................. 24,000,000 

State and Local Law Enforcement Assistance 

Office on Violence Against Women, Violence Against 

Women Prevention and Prosecution Programs .............. 15,000,000 

Office of Justice Programs ................................................... 40,000,000 

Community Oriented Policing Services .............................. 10,000,000 

TRANSFERS OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following is submitted describing the transfers of funds provided in the accompanying bill: 

In title I, under Bureau of the Census, Periodic Censuses and 

Programs, language is included to transfer funds to the Department of Commerce, Office of Inspector General. 

Under U.S. Patent and Trademark Office, Salaries and Expenses, language is included to transfer funds to the Civil Service 

Retirement and Disability Fund, the Federal Employees Health 

Benefit Fund, the Federal Employees Group Life Insurance Fund, 

and the Department of Commerce, Office of Inspector General. 

Under National Institute of Standards and Technology, Scientific 

and Technical Research and Services, language is included allowing for transfers to the Working Capital Fund. 

Under National Oceanic and Atmospheric Administration, Operations, Research, and Facilities, language is included to transfer 

funds from the Promote and Develop Fishery Products and Research Pertaining to American Fisheries fund. 

Under National Oceanic and Atmospheric Administration, Procurement, Acquisition, and Construction, language is included to 

transfer funds to the Department of Commerce, Office of the Inspector General. 

Under Rennovation and Modernization, language is included allowing for the transfer of funds. 

Section 103 provides for the transfer of funds between Department of Commerce appropriations in certain circumstances. 

In title II, General Administration, Justice Information Sharing 

Technology, language is included allowing for the transfer of funds. 


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Under General Administration, Executive Office for Immigration 

Review, language is included to transfer funds to the Executive Office for Immigration Review from fees deposited in the Immigration 

Examinations Fee account. 

Under Legal Activities, Salaries and Expenses, Community Relations Service, language is included allowing for the transfer of 

funds in certain circumstances. 

Under United States Marshals Service, Federal Prisoner Detention, language is included transferring available unobligated balances from General Administration, Detention Trustee to this account. 

Under National Security Division, Salaries and Expenses, language is included allowing for the transfer of funds in certain circumstances. 

Under Federal Prison System, Salaries and Expenses, language 

is included to allow the transfer of funds to the Department of 

Health and Human Services. 

Under State and Local Law Enforcement Activities, Office on Violence Against Women, Violence Against Women Prevention and 

Prosecution Programs, language is included to allow the transfer of 

funds in certain circumstances. 

Under State and Local Law Enforcement Activities, Public Safety 

Officer Benefits, language is included to allow the transfer of funds 

in certain circumstances. 

Under State and Local Law Enforcement Activities, Community 

Oriented Policing Services, Community Oriented Policing Services 

Programs, language is included to allow the transfer of funds to the 

Drug Enforcement Administration. 

Section 205 provides language for the transfer of funds between 

Department of Justice appropriations in certain circumstances. 

Section 212 provides language for the transfer of funds between 

certain grant funds and the National Institute of Justice and the 

Bureau of Justice Statistics. 

In title III, under National Aeronautics and Space Administration, Administrative Provisions, language is included providing for 

the transfer of funds among appropriations in certain circumstances. 

Under National Aeronautics and Space Administration, Administrative Provisions, language is included to allow unexpired balances of an old account to be transferred to a different account 

funding the same activities. 

Under National Science Foundation, Administrative Provisions, 

language is included providing for the transfer of funds among appropriations in certain circumstances. 

Under United States Trade Representative, Trade Enforcement 

Trust Fund, language is included providing for the transfer of 

funds. 

Under General Provisions, Section 508 provides for the transfer 

of funds in certain circumstances. 

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED

SPENDING ITEMS

Neither the bill nor the report contains any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9 of rule XXI of the Rules of the House of Representatives. 


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COMPLIANCE WITH RULE XIII, CL. 3(e) (RAMSEYER RULE) 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, the Committee notes that the accompanying bill does not propose to repeal or amend a statute or part 

thereof. 

CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the 

House of Representatives, the following statements are submitted 

describing the effect of provisions in the accompanying bill which 

directly or indirectly change the application of existing law. 

Language is included for a number of accounts placing limitations on representation and reception allowances in order to reduce 

the amount of money that would otherwise be spent on these activities. The bill also provides that a number of appropriations 

shall remain available for obligation beyond the current fiscal year. 

While these provisions are not specifically authorized for all of the 

items, it is deemed desirable to include such language for certain 

programs in order to provide for orderly administration and effective use of funds. 

In title I, Department of Commerce, under International Trade 

Administration, Operations and Administration, language is included providing that funds may be used for engaging in trade promotion activities abroad, including expenses of grants and cooperative agreements, for the purposes of promoting exports of U.S. 

firms. Language is also provided allowing for full medical coverage 

for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel 

and transportation of employees of the International Trade Administration; employment of Americans and aliens by contract for services; rental of space abroad and expenses of alteration, repair, or 

improvement; purchase or construction of temporary demountable 

exhibition structures for use abroad; and payment of tort claims. In 

addition, language is included regarding official representation expenses abroad, purchase of passenger motor vehicles for official use 

abroad, obtaining insurance on official motor vehicles, and rental 

of tie lines. Language is also recommended deriving a portion of 

available funds from fees. Furthermore, language is included designating funding for China antidumping and countervailing duty enforcement and compliance activities. Moreover, language is included providing for two-year availability of funds. Finally, language is included regarding the contributions under the Mutual 

Educational and Cultural Exchange Act of 1961. 

Under Bureau of Industry and Security, Operations and Administration, the language provides for no-year availability of funds. 

Language is included regarding the costs associated with the performance of export administration field activities both domestically 

and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of 

Americans and aliens by contract for services abroad; payment of 

tort claims; official representation expenses abroad; awards of compensation to informers; and purchase of passenger motor vehicles 

for official use and motor vehicles for law enforcement use without 

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guage is included regarding the Mutual Educational and Cultural 

Exchange Act of 1961. Finally, language is recommended providing 

that payments and contributions collected and accepted for materials or services may be retained for use in covering the cost of 

those activities and other communications. 

Under Economic Development Administration, Economic Development Assistance Programs, the language provides for no-year 

availability of funds. Language is also included regarding section 

27 of the Stevenson-Wydler Technology Innovation Act. 

Also, under Salaries and Expenses, language is included regarding the monitoring of approved projects. 

Under Minority Business Development Agency, Minority Business Development, language is included making funds available for 

fostering, promoting, and developing minority business enterprises, 

including expenses of grants, contracts and other agreements. 

Under Economic and Statistical Analysis, Salaries and Expenses, 

language is included providing for two-year availability of funds. 

Under Bureau of the Census, Current Surveys and Programs, 

language is included providing that funds may be used for collecting, compiling, analyzing, preparing and publishing statistics 

and for promotion, outreach and marketing activities. Language is 

also included requiring the collection of certain data in a certain 

survey. 

Also, under Periodic Censuses and Programs, language is included providing two-year availability of funds. Language is also 

included providing that funds may be used for collecting, compiling, 

analyzing, preparing and publishing statistics and for promotion, 

outreach and marketing activities. In addition, language is included providing for a transfer to the ‘‘Office of Inspector General’’ 

account for activities associated with carrying out investigations 

and audits related to the Bureau of the Census. Finally, language 

is included withholding funds for certain Census information technology projects until the Bureau submits an expenditure plan. 

Under National Telecommunications and Information Administration, Salaries and Expenses, language is included providing for 

two-year availability of funds. Language is also included permitting 

the Secretary of Commerce to charge Federal agencies for costs in 

spectrum management, analysis, operations, and related services; 

and to use such collections in telecommunications research. The 

language also allows the Secretary to retain and use as offsetting 

collections all funds transferred, or previously transferred for telecommunications research, engineering and activities by the Institute for Telecommunication Sciences of NTIA. Finally, language is 

included providing that funds so transferred shall remain available 

until expended. 

Also, under Public Telecommunications Facilities, Planning and 

Construction, language is included allowing recoveries and unobligated balances of funds previously appropriated to be available for 

the administration of all open grants until their expiration. 

Under United States Patent and Trademark Office, Salaries and 

Expenses, language is included providing that appropriated funds 

be reduced as offsetting collections are assessed and collected. Language is including making funds available until expended and providing that funds received in excess of appropriations be deposited 

in a Patent and Trademark Fee Reserve fund, to be available until 


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expended pursuant to the Director submitting a spending plan subject to section 505 of this Act, after which the funds shall be transferred to the Salaries and Expenses account. In addition, language 

is included limiting representation expenses. Language is also included regarding basic pay and certain retirement benefits. Additional language is included regarding USPTO’s financial statements. Furthermore, language is included providing that fees and 

surcharges charged are available to USPTO pursuant to section 

42(c) of title 35, United States Code. Finally, the language provides 

that an amount be transferred to the Office of Inspector General 

(OIG). 

Under National Institute of Standards and Technology, Scientific 

and Technical Research and Services, language is included providing for no-year availability of funds. In addition, language is included allowing transfers to the working capital fund. Language is 

included limiting funds for official reception and representation expenses. Finally, language is included allowing NIST to provide 

local transportation for a certain fellowship program. 

Also, under Industrial Technology Services, language is included 

providing no-year availability of funds. The language also designates an amount for the Manufacturing Extension Partnership 

and the National Network for Manufacturing Innovation. 

In addition, under Construction of Research Facilities, language 

is included providing for no-year availability of funds. Language is 

also included regarding the submission of certain materials in support of construction budget requests. 

Under National Oceanic and Atmospheric Administration, Operations, Research, and Facilities, language is included allowing for 

two-year availability for funds, except for cooperative enforcement 

funds, which are available for three years. Language is also included allowing maintenance, operation, and hire of aircraft and 

vessels; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities. Language is included 

allowing fees and donations received by a particular office to be retained and used for expenses related to certain activities. In addition, language is included that provides that certain funds be derived from various sources and restricting their use to certain activities. Furthermore, language is included limiting the amount of 

funds that can be provided for corporate services administrative 

support. Moreover, language is included specifying that deviations 

from amounts included in the report accompanying the Act shall be 

subject to section 505 of this Act. Finally, language is included providing for retired pay expenses. 

Also, under Procurement, Acquisition and Construction, language 

is included providing for three-year availability for funds, except 

for construction funds, which are available until expended. Language is also included providing that certain funds be derived from 

various sources. In addition, language is included specifying that 

deviations from amounts included in the report accompanying the 

Act shall be subject to section 505 of this Act. Language is included 

regarding the submission of certain materials in support of construction budget requests. Language is included transferring an 

amount to the OIG. Finally, language is included withholding certain funding. 


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In addition, under Pacific Coastal Salmon Recovery, language is 

included providing for two-year availability of funds. Language is 

also included allowing the Secretary of Commerce to issue grants 

to specific States and federally recognized tribes for conservation 

projects for listed endangered or threatened salmon and steelhead 

populations, populations at risk to be so listed, and for maintaining 

populations necessary for the exercise of tribal treaty fishing 

rights, and for conservation of Pacific coastal salmon and steelhead 

habitat, to be allocated under scientific and merit principles and 

not available for marketing activities; and requiring a State match. 

Furthermore, under Fishermen’s Contingency Fund, language is 

included providing for the appropriation of funds to be derived from 

receipts collected pursuant to Title IV of Public Law 95–372. 

Moreover, under Fisheries Finance Program Account, language is 

included placing limitations on individual fishing quota loans and 

traditional direct loans. 

Under Departmental Management, Salaries and Expenses, language is included limiting funds for official reception and representation expenses. 

Under Renovation and Modernization, language is included making funds available until expended and allowing funding to be 

transferred into the account. 

Under Department of Commerce, General Provisions, the following general provisions that fall within the rule are recommended: 

Section 101 makes funds available for advanced payments only 

upon certification of officials designated by the Secretary that such 

payments are considered to be in the public interest. 

Section 102 makes appropriations for the Department available 

for hire of passenger motor vehicles, for services, and for uniforms 

and allowances as authorized by law. 

Section 103 provides the authority to transfer funds between Department of Commerce appropriation accounts and requiring notification to the Committee of certain actions. 

Section 104 extends Congressional notification requirements for 

NOAA satellite programs. 

Section 105 provides for reimbursement for services within Department of Commerce buildings. 

Section 106 clarifies that grant recipients under the Department 

of Commerce may continue to deter child pornography, copyright 

infringement, or any other unlawful activity over their networks. 

Section 107 provides the Administrator with the authority to 

avail NOAA of needed resources, with the consent of those supplying the resources, to carry out responsibilities of any statute administered by NOAA. 

Section 108 prohibits the National Technical Information Service 

from charging customers for certain publications, except under certain conditions and requires charges be limited to recovering costs. 

In title II, Department of Justice, under General Administration, 

Salaries and Expenses, language is included providing for an 

amount for security and construction of Department of Justice facilities, which shall remain available until expended. 

Also, under Justice Information Sharing Technology, language is 

included providing that funds be available until expended. LanVerDate Sep 11 2014 07:40 Jun 08, 2016 Jkt 020239 PO 00000 Frm 00087 Fmt 6659 Sfmt 6602 E:\HR\OC\HR605.XXX HR605

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guage is also included allowing transfers up to a certain amount 

to this account for information technology initiatives. 

In addition, under Executive Office for Immigration Review, language is included providing that an amount shall be derived by 

transfer from the Executive Office for Immigration Review fees deposited in the ‘‘Immigration Examinations Fee’’ account. Language 

is also included making an amount available until expended for 

certain purposes. 

Moreover, under Office of Inspector General, language is in- cluded providing for not to exceed $10,000 to meet unforeseen 

emergencies of a confidential character. 

Under United States Parole Commission, Salaries and Expenses, 

language is included providing that upon the expiration of a term 

of office of a Commissioner, the Commissioner may continue to act 

until a successor has been appointed. 

Under Legal Activities, Salaries and Expenses, General Legal Ac- tivities, language is included providing not to exceed $20,000 for 

expenses of collecting evidence, to be expended under the direction 

of, and to be accounted for solely under the certificate of, the Attorney General. Language is also included providing for rental of 

space in the District of Columbia. Language is included making an 

amount available until expended for litigation support contracts. In 

addition, language is included making certain funds available to 

INTERPOL available until expended. Also, language is included 

limiting the amount of funds for official representation and reception expenses available to INTERPOL Washington. Furthermore, 

language is included providing funds to the Civil Rights Division 

for expenses associated with election monitoring, authority to reimburse the Office of Personnel Management for such expenses, and 

availability of such funds until expended. Finally, language is included for expenses associated with processing cases under the National Childhood Vaccine Injury Act of 1986. 

Also, under Salaries and Expenses, Antitrust Division, language 

is included providing for no-year availability of funds. The language also provides that fees collected for premerger notification 

filings, regardless of the year of collection, shall be retained and 

used for necessary expenses in this appropriation, and shall remain 

available until expended. 

In addition, under Salaries and Expenses, United States Attorneys, language is included regarding inter-governmental and cooperative agreements and limiting funds for official reception and 

representation expenses. Language is also included extending the 

availability of certain funds. Finally, language is included requiring 

each United States Attorney to establish or participate in a task 

force on human trafficking. 

Furthermore, under United States Trustee System Fund, language is included regarding refunds due depositors. Language is 

also included providing for the extended availability of certain 

funds and the use of offsetting collections. 

Moreover, under Fees and Expenses of Witnesses, language is included regarding contracts for the procurement and supervision of 

expert witnesses. In addition, language is included regarding funds 

for construction of buildings for safesites, armored and other vehicles, and telecommunication equipment. The language also provides 

for no-year availability of funds. In addition, language is included 


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providing no funds may be transferred pursuant to section 205 of 

this Act. 

And under Salaries and Expenses, Community Relations Service, 

language is included regarding the transfer of funds for conflict resolution and violence prevention activities, which shall be subject to 

the provisions of section 505 of this Act. 

Under United States Marshals Service, Salaries and Expenses, 

language is included limiting official reception and representation 

expenses, and providing for no-year availability for part of the appropriation. 

Also, under Construction, language is included providing for noyear availability of funds. 

In addition, under Federal Prisoner Detention, language is included providing for no-year availability of funds. Language is also 

included providing that the United States Marshals Service shall 

be responsible for managing the Justice Prisoner and Alien Transportation System. In addition, language is included limiting the 

amount of funds considered ‘‘funds appropriated for State and local 

law enforcement assistance’’. Finally, language is included transferring to this account unobligated balances from funds appropriated 

in prior years to the Detention Trustee. 

Under National Security Division, Salaries and Expenses, language is included providing for the no-year availability of funds for 

IT systems. Language is also included providing that upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security 

Division, the Attorney General may transfer such amounts to this 

heading from available appropriations for the current fiscal year 

for the Department of Justice, as may be necessary to respond to 

such circumstances. The language provides such a transfer be 

treated as a reprogramming under section 505 of this Act. 

Under Interagency Law Enforcement, Interagency Crime and 

Drug Enforcement, language is included providing for no-year 

availability for some of the funds. Language is also included regarding authorities under which funds may be used. 

Under Federal Bureau of Investigation, Salaries and Expenses, 

language is included providing for no-year availability of certain 

funds. Language is included providing for a limitation on representational expenses. 

Under Construction, language is included specifying the purpose 

of the appropriation and making it available until expended. 

Under Drug Enforcement Administration, Salaries and Expenses, 

language is included providing for funds to meet unforeseen emergencies of a confidential character. Language is also included allowing conduct of drug education and training programs, including 

travel and related expenses for participants in such programs and 

the distribution of items of token value that promote the goals of 

such programs. In addition, language is included providing for noyear availability of certain funds. Finally, language is included providing for a limitation on representational expenses. 

Under Bureau of Alcohol, Tobacco, Firearms and Explosives, Salaries and Expenses, language is included allowing training of State 

and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection, and 


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allowing provision of laboratory assistance to State and local law 

enforcement agencies, with or without reimbursement. Language is 

also included limiting official reception and representation expenses. In addition, language is included providing funds for the 

payment of attorneys’ fees. In addition, language is included providing for no-year availability of certain funds. Additional language 

is included prohibiting expenses to investigate or act upon applications for relief from Federal firearms disabilities under section 

925(c) of title 18, United States Code. Language is further included 

regarding expenses to investigate applications filed by corporations 

for relief from section 925(c) of title 18, United States Code. Moreover, language is included that prohibits funds to transfer the functions, missions or activities of ATF to other agencies or departments. 

Under Federal Prison System, Salaries and Expenses, language 

is included that provides for the transfer to the Department of 

Health and Human Services funds necessary for medical relief for 

inmates. Language is also included that provides authority to the 

Director to enter into contracts to furnish health care. In addition, 

language is included placing a limitation on funds for reception and 

representation expenses. Furthermore, language is included extending the availability of certain funds. Finally, language is included providing authority for the Federal Prison System to accept 

donated property and services. 

Also, in Building and Facilities, language is included providing 

for no-year availability of funds and establishing funding levels for 

certain activities. Language is also included stating labor of prisoners may be used for work under this heading. 

Additionally, under Federal Prison Industries, Incorporated, language is included authorizing Federal Prison Industries, Incorporated, to make such expenditures, within the limits of funds and 

borrowing authority available, and in accord with the law, and to 

make such contracts and commitments, without regard to fiscal 

year limitations, as may be necessary in carrying out the program 

set forth in the budget for the current fiscal year for such corporation. 

Furthermore, under Limitation on Administrative Expenses, Federal Prison Industries, Incorporated, language is included making 

available funds for its administrative expenses, and for certain 

services, to be computed on an accrual basis to be determined in 

accordance with the corporation’s current prescribed accounting 

system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired 

or produced, including selling and shipping expenses, and expenses 

in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and 

other property belonging to the corporation or in which it has an 

interest. 

Under State and Local Law Enforcement Activities, Office on Violence Against Women, Violence Against Women Prevention and 

Prosecution Programs, language is included making funds available 

until expended. Language is also included placing a limitation on 

funds to be made available for expenses related to evaluation, 

training, and technical assistance. In addition, language is included 


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providing for specific appropriations for various programs within 

the Office on Violence Against Women. Furthermore, language is 

included making available certain unobligated balances for specified programs. The language also applies certain conditions to specified grants. It provides for certain funds to be transferred to ‘‘Research, Evaluation and Statistics’’ for administration by the Office 

of Justice Programs. 

Under Office of Justice Programs, Research, Evaluation and Statistics, language is included to provide for no-year availability of 

funds. Language is also included to provide for specific appropriations for various programs within the Office of Justice Programs. 

Also, under State and Local Law Enforcement Assistance, language is included to provide for no-year availability of funds. Language is also included regarding an Officer Robert Wilson III Memorial Initiative on Preventing Violence Against Law Enforcement 

Officer Resilience and Survivability Initiative, domestic 

radicalization research, juvenile indigent defense, and a National 

Missing and Unidentified Persons System, and the application of 

certain sections and special rules. In addition, language is included 

regarding Federal immigration and other detainees housed in State 

and local detention facilities. Furthermore, language is included regarding local government use of funds to increase the number of 

law enforcement officers. Language is also included regarding DNA 

training and education for law enforcement, correctional personnel, 

and court officers. Finally, the language specifies appropriations for 

various programs within the Office of Justice Programs. 

In addition, under Juvenile Justice Programs, language is included providing for no-year availability of funds. Language is also 

included waiving a provision of law with respect to funding for 

missing and exploited children programs. Finally, the language delineates certain amounts for various programs under this heading. 

Furthermore, under Public Safety Officer Benefits, language is 

included providing for no-year availability of funds. Language is 

also included providing for the transfers of funds in emergent circumstances, which shall be subject to the provisions of section 505 

of this Act. 

Under Community Oriented Policing Services, Community Oriented Policing Services Programs, language is included providing 

for no-year availability of funds. Language is also included requiring that balances available through deobligations only be available 

through reprogramming. In addition, language is included regarding transfers of funds for anti-methamphetamine activities. There 

is further language regarding certain time limitations under the 

Second Chance Act. Finally, the language delineates certain 

amounts for various programs under this heading. 

Under Department of Justice, General Provisions, the following 

general provisions that fall within the rule are recommended: 

Section 201 makes available additional reception and representation funding for the Attorney General from the amounts provided 

in this title. 

Section 202 prohibits the use of funds to pay for an abortion, except in the case of incest, rape or to preserve the life of the mother. 

Section 203 prohibits the use of funds to require any person to 

perform or facilitate the performance of an abortion. 


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Section 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 the preceding section. 

Section 205 establishes the Committee’s requirements and procedures for transfer proposals. 

Section 206 prohibits the use of certain funds for transporting 

prisoners classified as maximum or high security, other than to a 

facility certified by the Bureau of Prisons as appropriately secure. 

Section 207 prohibits the use of funds for the purchase or rental 

by Federal prisons of audiovisual equipment, services and materials used primarily for recreational purposes, except for those 

items and services needed for inmate training, religious, or educational purposes. 

Section 208 requires review by the Deputy Attorney General and 

the Department Investment Review Board prior to the obligation or 

expenditure of funds for major information technology projects. 

Section 209 requires the Department to follow reprogramming 

procedures prior to any deviation from the program amounts specified in this title or the reuse of specified deobligated funds provided 

in previous years. 

Section 210 prohibits the use of funds for A–76 competitions for 

work performed by employees of Federal Prison Industries, Inc. 

Section 211 prohibits U.S. Attorneys from holding dual or additional responsibilities that exempt U.S. Attorneys from statutory 

residency requirements. 

Section 212 permits up to 3 percent of grant and reimbursement 

program funds made available to OJP to be used for training and 

technical assistance and permits up to 3 percent of grant or reimbursement funds made available to that office to be used for criminal justice research, evaluation and statistics. 

Section 213 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 facilitate the transfer of an operable firearm to a known or suspected 

agent of a drug cartel where law enforcement personnel do not continuously monitor or control such firearm. This language is made 

permanent. 

Section 214 places limitation on the obligation of funds from certain Department of Justice accounts and funding sources. 

In title III, Science, under Office of Science and Technology Policy, language is included providing that certain funds be available 

for reception and representation expenses, and rental of conference 

rooms. 

Under National Aeronautics and Space Administration, Science, 

language is included providing for the multi-year availability of 

funds. Language is also included regarding a limitation on formulation and development costs of a certain program with an associated 

notification requirement and language is also included concerning 

a planetary science mission. 

Also, under Aeronautics, language is included providing for the 

multi-year availability of funds. 

In addition, under Space Technology, language is included providing for the multi-year availability of funds. 


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Under Exploration, language is included providing for the multiyear availability of funds. Language is also included that delineates 

amounts for program components. Language is also included describing certain reports and requiring the inclusion of estimates in 

future budget requests. 

In Space Operations, language is included providing for the 

multi-year availability of funds. 

Additionally, under Education, language is included providing for 

the multi-year availability of funds. Language is also included delineating amounts for program components. 

Under Safety, Security and Mission Services, language is included providing for the multi-year availability of funds. Language 

is also included to limit official reception and representation expenses. 

Under Construction and Environmental Compliance and Restoration, language is included providing for the multi-year availability 

of funds. Language is also included restricting receipts and expenditures made pursuant to enhanced use lease arrangements and requiring the inclusion of estimates in future budget requests. 

Under Office of Inspector General, language is included providing 

for the multi-year availability of certain funds. 

In the Administrative Provisions, language is included regarding: 

availability of funds for announced prizes; limitations on transfers 

of funds among NASA accounts; the submission of a spending plan; 

and the transfer of certain unexpired balances. 

Under National Science Foundation, Research and Related Activities, language is included that provides for the multi-year availability of funds. Language is also included that governs funding 

availability for polar research and operational support. In addition, 

language is included providing that certain receipts may be credited to this appropriation. 

Also, under Major Research Equipment and Facilities Construction, language is included providing for no-year availability of 

funds. 

In addition, under Education and Human Resources, language is 

included providing for the multi-year availability of funds. 

Furthermore, under Agency Operations and Award Management, 

language is included regarding contracts for maintenance and operation of facilities and other services. Language is also included limiting representation expenses, and providing for no-year availability of some funds. 

Under Office of the National Science Board, language is included 

limiting funds for official reception and representation. 

Under Office of Inspector General, language is included providing 

for the multi-year availability of certain funds. 

Under Administrative Provision, language is included regarding 

transfers of funds. 

In title IV, Related Agencies, under Commission on Civil Rights, 

Salaries and Expenses, language is included prohibiting expenses 

to employ in excess of a specific level of full-time individuals or to 

reimburse Commissioners for certain billable days. Language is 

also included prohibiting certain unauthorized activities. 

Under Equal Employment Opportunity Commission, Salaries and 

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cluded limiting funds for official reception and representation expenses. Finally, language is included authorizing the Chair to accept donations or gifts to carry out the work of the Commission. 

Under International Trade Commission, Salaries and Expenses, 

language is included limiting funds for official reception and representation expenses. Language is also included providing for noyear availability of funds. 

Under Legal Services Corporation, Payment to the Legal Services 

Corporation, language is included regarding pay for officers and 

employees. Language is also included delineating amounts for specific programs and regarding authorities to transfer funds. In addition, language is included designating the Legal Services Corporation as an agency of the Federal Government for the purposes of 

reprogramming. 

Under Administrative Provision, Legal Services Corporation, language is included that prohibits the use of funds for certain activities. 

Under Office of the United States Trade Representative, Salaries 

and Expenses, language is included providing for the no-year availability of some funds. Language is also included limiting funds for 

official reception and representation expenses. 

Also, under Trade Enforcement Trust Fund, language is included 

regarding certain notifications. 

Under State Justice Institute, Salaries and Expenses, language 

is included limiting funds for reception and representation expenses. Language is also included providing for multi-year availability of certain funds. In addition, language is included designating the State Justice Institute as an agency of the Federal Government for the purposes of reprogramming. 

In title V, General Provisions, the following general provisions 

that fall within the rule are recommended: 

Section 501 prohibits the use of funds for publicity or propaganda 

purposes unless expressly authorized by law. 

Section 502 prohibits any appropriation contained in this Act 

from remaining available for obligation beyond the current fiscal 

year unless expressly authorized. 

Section 503 provides that the expenditure of any appropriation 

contained in this Act for any consulting service through procurement contracts shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law or 

under existing Executive order issued pursuant to existing law. 

Section 504 provides that if any provision of this Act or the application of such provision to any person or circumstance shall be held 

invalid, the remainder of the Act and the application of other provisions shall not be affected. 

Section 505 specifies requirements for the reprogramming of 

funds. 

Section 506 provides that if it is determined that any person intentionally affixes a ‘‘Made in America’’ label to any product that 

was not made in America that person shall not be eligible to receive any contract or subcontract made with funds made available 

in this Act. The section further provides that to the extent practicable, with respect to purchases of promotional items, funds made 

available under this Act shall be used to purchase items manufacVerDate Sep 11 2014 07:40 Jun 08, 2016 Jkt 020239 PO 00000 Frm 00094 Fmt 6659 Sfmt 6602 E:\HR\OC\HR605.XXX HR605

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tured, produced, or assembled in the United States or its territories 

or possessions. 

Section 507 requires quarterly reporting to Congress on the status of balances of appropriations. 

Section 508 provides that any costs incurred by a department or 

agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions in this Act, 

or, for the Department of Commerce, from actions taken for the 

care and protection of loan collateral or grant property, shall be absorbed within the budgetary resources available to the department 

or agency, and provides transfer authority between appropriation 

accounts to carry out this provision, subject to reprogramming procedures. 

Section 509 prohibits funds made available in this Act 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 tobacco or tobacco products of the same type. 

Section 510 limits the obligation of certain funds and provides for 

a set-aside. 

Section 511 prohibits the use of Department of Justice funds for 

programs that discriminate against or denigrate the religious or 

moral beliefs of students participating in such programs. 

Section 512 prohibits the transfer of funds made available in this 

Act to any department, agency or instrumentality of the United 

States Government, except for transfers made by, or pursuant to 

authorities provided in, this Act or any other appropriations Act. 

Section 513 provides that funds provided in this Act for E-Government Initiatives shall be subject to the procedures set forth in 

section 505 of this Act. 

Section 514 prohibits funds for acquisition of certain information 

systems unless the acquiring department or agency has reviewed 

and assessed certain risks. Language is also included making such 

acquisition contingent upon the development of a risk mitigation 

strategy and a determination that the acquisition is in the national 

interest. 

Section 515 prohibits the use of funds made available in this Act 

to support or justify the use of torture by any official or contract 

employee of the United States Government. 

Section 516 permanently prohibits the use of funds to require 

certain export licenses. 

Section 517 permanently prohibits the use of funds to deny certain import applications regarding ‘‘curios or relics’’ firearms, parts, 

or ammunition. 

Section 518 prohibits the use of funds made available in this Act 

to include certain language in trade agreements. 

Section 519 prohibits the use of funds made available in this Act 

to authorize or issue a national security letter (NSL) in contravention of certain laws authorizing the Federal Bureau of Investigation to issue NSLs. 

Section 520 requires congressional notification regarding any 

project within the Departments of Commerce or Justice, the National Science Foundation or the National Aeronautics and Space 

Administration totaling more than $75,000,000 that has cost increases of 10 percent or more. 


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Section 521 deems funds for intelligence or intelligence related 

activities as authorized by Congress during fiscal year 2017 until 

the enactment of the Intelligence Authorization Act for fiscal year 

2017. 

Section 522 prohibits contracts or grant awards in excess of 

$5,000,000 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. 

Section 523 provides for rescissions of unobligated balances from 

the Department of Justice. 

Section 524 prohibits the use of funds made available in this Act 

for the purchase of first class or premium air travel in contravention of certain Federal travel regulations. 

Section 525 prohibits the use of funds made available in this Act 

to pay for the attendance of more than 50 department or agency 

employees, who are stationed in the United States, at any single 

conference outside the United States, unless the conference is a law 

enforcement training or operational event where the majority of 

Federal attendees are law enforcement personnel stationed outside 

the United States. 

Section 526 prohibits the use of funds in this or any other Act 

for the transfer or release of certain individuals detained at United 

States Naval Station, Guantanamo Bay, Cuba, to or within the 

United States, its territories, or possessions. 

Section 527 prohibits the use of funds in this or any other Act 

to construct, acquire, or modify any facility in the United States, 

its territories, or possessions to house certain individuals who, as 

of June 24, 2009, were located at United States Naval Station, 

Guantanamo Bay, Cuba, for the purposes of detention or imprisonment in the custody or control of the Department of Defense. 

Section 528 requires tracking and reporting of undisbursed balances in expired grant accounts. 

Section 529 prohibits the use of funds made available in this Act 

by the National Aeronautics and Space Administration (NASA) or 

the Office of Science and Technology Policy (OSTP) to engage in bilateral activities with China or a Chinese-owned company unless 

the activities are authorized by subsequent legislation or NASA or 

OSTP and the Federal Bureau of Investigation have made a certification pursuant to subsections (c) and (d) of this section. 

Section 530 permanently prohibits funds from being used to deny 

the importation of shotgun models if no application for the importation of such 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. 

Section 531 prohibits the use of funds made available in this Act 

to establish or maintain a computer network that does not block 

pornography, except for law enforcement and victim assistance purposes. 

Section 532 requires each department and agency funded in the 

bill to submit spending plans. 

Section 533 prohibits funds made available by this Act to implement the Arms Trade Treaty until the Senate approves a resolution of ratification. 


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Section 534 prohibits the use of funds to relinquish the responsibility of the National Telecommunications and Information Administration with respect to Internet domain name system functions. 

Section 535 prohibits funds to deny an Inspector General funded 

under this Act with timely access to records, documents, or other 

materials. 

Section 536 requires a quarterly report from the Department of 

Commerce, the National Aeronautics and Space Administration, 

and the National Science Foundation on official travel to China. 

Section 537 prohibits funds to facilitate, permit, license, or promote certain exports to Cuba. 

Section 538 prohibits funds to approve the registration, renewal, 

or maintenance of the registration of a mark, trade mark, trade 

name, or commercial name when the mark, trade mark, trade 

name, or commercial name was unlawfully confiscated in Cuba. 

Section 539 prohibits funds to enter into a civil settlement agreement on behalf of the United States that includes certain donations. 

Section 540 prohibits funds from being used to require a person 

licensed under section 923 of title 18, United States Code, to report 

information to the Department of Justice regarding the sale of multiple rifles or shotguns to the same person. 

Section 541 requires the establishment of nonnative predator fish 

research and removal pilot programs. 

Section 542 expands conservation fish hatcheries to enhance, 

supplement, and rebuild endangered species. 

Section 543 prohibits funds for Operation Choke Point. 

Section 544 requires 10 percent of the funds for programs go to 

persistent poverty counties. 

Section 545 prohibits funds for the Equal Employment Opportunity Commission for collection of information as set forth in the 

notice published on February 1, 2016. 

Section 546 allows States, in civil actions, to obtain all appropriate relief against any party under the Constitution and to require that courts promptly hear and determine any such civil action and afford the State any necessary preliminary relief. 

APPROPRIATIONS NOT AUTHORIZED BY LAW

The Committee, in a number of instances, has found it necessary 

to recommend funding for ongoing activities and programs for 

which authorizations have not been enacted to date. Pursuant to 

clause 3(f)(1)(B) of rule XIII of the Rules of the House of Representatives, the following table lists the appropriations in the accompanying bill which are not authorized by law for the period concerned: 


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UNAUTHORIZED APPROPRIATIONS 

Fiscal Year 2017 

(dollars in thousands) 

Program Last year of au- thorization Authorization level in last year of authorization Appropriations in last year of authorization Appropriations in this bill 

Department of Commerce: 

International Trade Administration 

Operations and Administration 

Export Promotion Activities .................................................................................................................. 1996 such sums 264,885 *

Bureau of Industry and Security 

Operations and Administration ..................................................................................................................... 1994 such sums 34,747 114,000 

Economic Development Administration 

Salaries and Expenses .................................................................................................................................. 2008 such sums 30,832 39,500 Economic Development Assistance Programs .............................................................................................. various 225,000 

Public Works and Economic Development Act Programs .................................................................... 2008 500,000 349,100 (209,000 ) 

Minority Business Development Agency 

Minority Business Development .................................................................................................................... n/a n/a n/a 34,000 

Economic and Statistical Analysis 

Salaries and Expenses .................................................................................................................................. n/a n/a n/a 107,000 

National Telecommunications and Information Administration 

Salaries and Expenses .................................................................................................................................. 1993 17,900 18,493 36,322 

National Institute of Standards and Technology 

Scientific and Technical Research and Services ......................................................................................... 2013 676,700 609,514 680,000 Industrial technology services ...................................................................................................................... 2013 241,709 140,316 135,000 

Manufacturing extension partnerships ................................................................................................ 2013 (165,100 ) (126,088 ) (130,000 ) 

Construction of research facilities ............................................................................................................... 2013 121,300 58,874 50,000 

National Oceanic and Atmospheric Administration 

Operations, Research and Facilities 

Oceanic and Atmospheric Research .................................................................................................... 1993 1,589,081 202,172 ‡

Climate and air quality research activities ............................................................................... 1993 (103,877 ) † †Atmospheric research activities .................................................................................................. 1993 (44,781 ) † †

National Ocean Service ........................................................................................................................ 1993 121,183 150,864 475,140 

Coral Reef Conservation ............................................................................................................. 2004 (16,000 ) (16,000 ) (26,000 ) Costal Zone Management ........................................................................................................... 1999 (55,300 ) (52,700 ) (104,570 ) Marine Protection, Research, Preservation & Sanctuaries ......................................................... 2005 (40,000 ) (57,958 ) (49,000 ) 

National Marine Fisheries Services ...................................................................................................... various ‡

Endangered Species Act Activities ............................................................................................. 1992 6,750 ‡ ‡


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Marine Mammal Protection Act Activities .................................................................................. 1999 34,768 ‡ ‡

NOAA Marine Fisheries Program Activities ................................................................................. 2000 110,470 ‡ ‡

National Weather Service 

Operations and research activities ............................................................................................. 1993 395,822 † †Public warning and forecast systems ........................................................................................ 1993 132,034 †, § †, §

NESDIS 

Satellite observing systems activities (NESDIS) ......................................................................... 1993 336,000 †, § †, §Data and information services activities ................................................................................... 1993 39,596 10,300 †, §

Mission Support 

Executive Direction and Administrative Activities ...................................................................... 1993 75,750 25,000 208,361 Marine Services ........................................................................................................................... 1993 68,518 61,200 184,376 Aircraft Services .......................................................................................................................... 1993 10,336 9,500 36,000 

Procurement, Acquisition and Construction 

Office of Marine and Aviation Operations 

Fleet modernization and replacement ........................................................................................ 1997 such sums 8,000 16,700 

Pacific Coastal Salmon Recovery ................................................................................................................. 2009 90,000 80,000 65,000 

Departmental Management 

Salaries and Expenses .................................................................................................................................. n/a n/a n/a 58,000 Renovation and Modernization ...................................................................................................................... n/a n/a n/a 4,000 

Department of Justice: 

General Administration 

Salaries and Expenses .................................................................................................................................. 2009 181,561 105,805 115,000 Justice Information Sharing Technology ....................................................................................................... 2009 204,152 80,000 40,000 Executive Office for Immigration Review ...................................................................................................... 2009¶ n/a n/a 457,154 

Office of Pardon Attorney .............................................................................................................................. 2009¶ n/a n/a 4,496 Office of Inspector General ........................................................................................................................... 2009 81,922 80,681 93,709 

United States Parole Commission 

Salaries and Expenses .................................................................................................................................. 2009 12,711 12,570 13,308 

Legal Activities 

Salaries and Expenses, General Legal Activities ......................................................................................... 2009 764,526 805,655 893,000 Salaries and Expenses, Antitrust Division .................................................................................................... 2009 162,488 157,788 164,977 Salaries and Expenses, United States Attorneys .......................................................................................... 2009 1,829,194 1,851,336 2,050,000 Salaries and Expenses, Foreign Claims Settlement Commission ................................................................ 2009 1,429 1,823 2,374 Fees and Expenses of Witnesses .................................................................................................................. 2009 203,755 168,300 270,000 Salaries and Expenses, Community Relations Service ................................................................................. 2009 10,977 9,873 15,500 

United States Marshals Service ............................................................................................................................. 2009 900,178 954,000 2,743,000 

Salaries and Expenses .................................................................................................................................. Δ (960,000 ) (1,258,000 ) 

Construction .................................................................................................................................................. Δ (4,000 ) (10,000 ) 

Federal Prison Detention# ............................................................................................................................. 2009 1,858,509 1,355,319 (1,475,000 ) 


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UNAUTHORIZED APPROPRIATIONS—Continued 

Fiscal Year 2017 

(dollars in thousands) 

Program Last year of au- thorization Authorization level in last year of authorization Appropriations in last year of authorization Appropriations in this bill 

National Security Division 

Salaries and Expenses .................................................................................................................................. n/a n/a n/a 97,337 

Interagency Law Enforcement 

Interagency Crime and Drug Enforcement ................................................................................................... 2009 744,593 515,000 522,135 

Federal Bureau of Investigation ............................................................................................................................ 2009 6,480,608 7,301,191 9,077,866 

Salaries and Expenses .................................................................................................................................. Δ (7,182,700 ) (8,768,884 ) 

Construction .................................................................................................................................................. Δ (153,491 ) (308,982 ) 

Drug Enforcement Administration 

Salaries and Expenses .................................................................................................................................. 2009 1,930,462 1,959,084 2,102,976 

Bureau of Alcohol, Tobacco, Firearms and Explosives 

Salaries and Expenses .................................................................................................................................. 2009 1,038,939 1,078,215 1,257,757 

Federal Prison System ............................................................................................................................................ 2009 5,698,292 6,171,561 7,156,791 

Salaries and Expenses .................................................................................................................................. Δ (5,600,792 ) (7,016,791 ) Buildings and Facilities ................................................................................................................................ Δ (575,807 ) (140,000 ) 

Office on Violence Against Women 

Violence Against Women Prevention and Prosecution Programs 

Research and Evaluation on Violence against Women ....................................................................... n/a n/a n/a 5,000 Family Civil Justice .............................................................................................................................. various 16,000 

Court Training and Improvements Program ............................................................................... 2011 5,000 **

Safe Havens Program ................................................................................................................. 2011 20,000 **

Consolidated Youth-oriented Program ................................................................................................. various 11,000 

Engaging Men and Youth in Prevention ..................................................................................... n/a n/a n/a ††

Grants to Assist Children and Youth Exposed to Violence ........................................................ n/a n/a n/a ††

Supporting Teens Through Education Program .......................................................................... 2011 5,000 ** ††

Services to Advocate and Respond to Youth ............................................................................. n/a n/a n/a ††

Research on Violence Against Indian Women ..................................................................................... 2015 1,000 940 1,000 Indian Country—Sexual Assault Clearinghouse .................................................................................. n/a n/a n/a 500 Tribal assistance .................................................................................................................................. n/a n/a n/a 5,000 

Office of Justice Programs 

Research, Evaluation and Statistics 

Bureau of Justice Statistics ................................................................................................................. 1995 33,000 32,335 48,000 NCS-X Implementation Program .......................................................................................................... n/a n/a n/a 5,000 


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National Institute of Justice ................................................................................................................ 1995 33,000 58,879 40,000 

State and Local Law Enforcement Assistance 

Byrne Memorial Justice Assistance Grants .......................................................................................... 2012 1,095,000 470,000 476,000 

Domestic Radicalization Research .............................................................................................. n/a n/a n/a (4,000 ) Officer Robert Wilson III VALOR Initiative .................................................................................. n/a n/a n/a (20,000 ) Juvenile Indigent Defense ........................................................................................................... n/a n/a n/a (2,500 ) NamUS ......................................................................................................................................... n/a n/a n/a (2,400 ) 

State Criminal Alien Assistance Program ........................................................................................... 2011 950,000 ** 273,906 

Capital Litigation and Wrongful Conviction Review ............................................................................ 2009 75,000 5,500 2,000 White Collar Crime Prevention ............................................................................................................. n/a n/a n/a 10,000 Adam Walsh Act Implementation ........................................................................................................ 2009 such sums 18,000 20,000 National Sex Offender Public Website ................................................................................................. n/a n/a n/a 1,000 Violent Gang and Gun Crime Reduction ............................................................................................. n/a n/a n/a 20,000 NICS Initiative ...................................................................................................................................... various 73,000 

NICS Act Record Improvement Program ..................................................................................... 2013 125,000 12,000 *

National Criminal History Improvement Program ....................................................................... 2013 62,500 6,000 *

DNA Initiative 

Debbie Smith DNA Backlog Grants ............................................................................................. 2014 151,000 117,000 117,000 Post-Conviction DNA Testing Grants .......................................................................................... 2009 5,000 5,000 4,000 Sexual Assault Forensic Exam Program Grants ......................................................................... 2014 30,000 4,000 4,000 

Prison Rape Prevention and Prosecution ............................................................................................. 2010 40,000 15,000 12,000 Comprehensive School Safety Initiative ............................................................................................... n/a n/a n/a 75,000 Opioid initiative .................................................................................................................................... various 103,000 

Drug Courts ................................................................................................................................. 2008 70,000 15,200 (42,000 ) Veterans Treatment Courts ......................................................................................................... n/a n/a n/a (7,000 ) Residential Substance Abuse Treatment .................................................................................... 2000 72,000 61,677 (12,000 ) Prescription Drug Monitoring ...................................................................................................... n/a n/a n/a (14,000 ) Mentally Ill Offender Act ............................................................................................................. 2014 50,000 9,000 (12,000 ) Comprehensive Opioid Abuse Reduction Act of 2016 ................................................................ n/a n/a n/a (16,000 ) 

Juvenile Justice Programs 

Youth Mentoring Grants ....................................................................................................................... 2007 such sums §§ 90,000 

Victims of Child Abuse Programs ........................................................................................................ 2005 8,481 11,000 20,000 Missing and Exploited Children Programs .......................................................................................... various 72,250 

AMBER Alert grants .................................................................................................................... 2004 * * *

Community Oriented Policing Services 

Transfer to DEA for Methamphetamine Lab Cleanups ........................................................................ n/a n/a n/a 11,000 Community trust initiative ................................................................................................................... n/a n/a n/a 75,000 

Body-worn Camera Partnership .................................................................................................. n/a n/a n/a (22,500 ) Justice Reinvestment Initiative ................................................................................................... n/a n/a n/a (27,500 ) Research and statistics on community trust ............................................................................. n/a n/a n/a (10,000 ) 


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UNAUTHORIZED APPROPRIATIONS—Continued 

Fiscal Year 2017 

(dollars in thousands) 

Program Last year of au- thorization Authorization level in last year of authorization Appropriations in last year of authorization Appropriations in this bill 

Byrne Criminal Justice Innovation Program ............................................................................... n/a n/a n/a (15,000 ) 

Second Chance Act/Offender Reentry .................................................................................................. 2010 55,000 100,000 68,000 Community Teams to Reduce the Sexual Assault Kit (SAK) Backlog ................................................. n/a n/a n/a 45,000 Tribal Assistance .................................................................................................................................. various 65,000 

Tribal Courts ............................................................................................................................... 2004 such sums (8,000 ) ‡‡

Alcohol and Substance Abuse .................................................................................................... n/a n/a n/a ‡‡Indian Prison Grants ................................................................................................................... 2000 (2,753 ) (5,000 ) ‡‡Training/TA Civil and Criminal Legal Assistance ....................................................................... n/a n/a n/a ‡‡

Regional information sharing activities .............................................................................................. 2003 100,000 29,000 35,000 

Science: 

National Aeronautics and Space Administration 

Science .......................................................................................................................................................... 2013 5,509,600 5,047,447 5,597,000 Aeronautics .................................................................................................................................................... 2013 590,000 559,301 712,000 Space Technology .......................................................................................................................................... 2013 515,000 629,950 739,200 Exploration ..................................................................................................................................................... 2013 5,264,000 3,814,041 4,183,000 Space Operations .......................................................................................................................................... 2013 4,253,300 3,878,802 4,890,300 Education ...................................................................................................................................................... 2013 145,700 122,654 115,000 Safety, Security and Mission Services .......................................................................................................... 2013 3,276,800 2,770,012 2,835,400 Construction and Environmental Compliance and Remediation .................................................................. 2013 366,900 667,236 398,000 Office of Inspector General ........................................................................................................................... 2013 38,700 37,287 38,100 

National Science Foundation 

Research and Related Activities ................................................................................................................... 2013 6,637,849 5,870,974 6,079,430 Major Research Equipment and Facilities Construction .............................................................................. 2013 236,764 192,488 87,120 Education and Human Resources ................................................................................................................. 2013 1,041,762 878,799 880,000 Agency Operations and Award Management ................................................................................................ 2013 363,670 293,780 340,000 Office of the National Science Board ........................................................................................................... 2013 4,906 4,357 4,380 Office of Inspector General ........................................................................................................................... 2013 15,049 13,933 15,200 

Related Agencies: 

Commission on Civil Rights 

Salaries and Expenses .................................................................................................................................. 1995 9,500 8,904 9,200 

International Trade Commission 

Salaries and Expenses .................................................................................................................................. 2004 57,240 58,295 90,000 


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Legal Services Corporation 

Payment to the Legal Services Corporation ................................................................................................. 1980 205,000 300,000 350,000 

Marine Mammal Commission 

Salaries and Expenses .................................................................................................................................. 1999 1,750 1,240 3,431 

Office of the U.S. Trade Representative 

Salaries and Expenses .................................................................................................................................. 2004 33,108 41,552 50,000 

State Justice Institute 

Salaries and Expenses .................................................................................................................................. 2008 7,000 3,760 5,121 

* The recommendation does not provide a specific amount for this program. † The National Oceanic and Atmospheric Administration Authorization Act of 1992 (P.L. 102–567) provides authorizations for general categories of activities, rather than specific programs. Since a program 

may cut across several authorizations, it is impossible to determine the exact amount of unauthorized appropriations. ‡ Authorization covers multiple lines in the NOAA control table. 

§ This authorization provides for both procurement and operations activities, but does not provide a breakdown for each. ¶ The authorization authorizes funding for the ‘‘Administrative Review and Appeals’’ account, which encompassed the activities of the Executive Office for Immigration Review and the Office of Pardon Attorney. 

The recommendation seperates these into different accounts. Δ Authorization does not provide amounts for specific accounts within this agency. 

# This was formerly the ‘‘General Administration, Detention Trustee’’ account. ** The authorization for this program expired in FY2011. Since the government was funded by a full-year continuing resolution, the Committee did not provide a specific appropriation for this program. †† These programs have been combined into the Consolidated Youth-oriented Program. ‡‡ The recommendation includes an overall amount for tribal assistance but does not specify amounts for each particular program. §§ The authorization for this program expired in FY2007. Since the government was funded by a full-year continuing resolution, the Committee did not provide a specific appropriation for this program. 


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COMPARISON WITH THE BUDGET RESOLUTION

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House 

of Representatives and section 308(a)(1)(A) of the Congressional 

Budget Act of 1974, the following table compares the levels of new 

budget authority and outlays provided in the bill with the appropriate allocations made under section 302(b) of the Budget Act: 

SUBCOMMITTEE ON COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 

[In millions of dollars] 

302(b) allocation This bill 

Budget Authority Outlays Budget Authority Outlays 

General purpose discretionary ........................ 56,001 64,600 56,001 64,600 * 

Mandatory ....................................................... 320 330 320 330 * 

* Includes outlays from prior-year budget authority. 

FIVE-YEAR OUTLAY PROJECTIONS

Pursuant to clause 3(c)(2) of rule XIII and section 308(a)(1)(B) of 

the Congressional Budget Act of 1974, the following table contains 

five-year outlay projections associated with the budget authority 

provided in the accompanying bill, as provided to the Committee by 

the Congressional Budget Office: 

[In millions of dollars] 

Projection of outlays associated with the recommendation: 

2017 ......................................................................................................................................................... 42,276 * 

2018 ......................................................................................................................................................... 14,250 

2019 ......................................................................................................................................................... 3,951 

2020 ......................................................................................................................................................... 1,239 

2021 ......................................................................................................................................................... 3,700 

* Excludes outlays from prior-year budget authority. 

ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

Pursuant to clause 3(c)(2) of rule XIII and section 308(a)(1)(C) of 

the Congressional Budget Act of 1974, the Congressional Budget 

Office has provided the following estimates of new budget authority 

and outlays provided by the accompanying bill for financial assistance to State and local governments: 

[In millions of dollars] 

Budget Authority Outlays 

Financial assistance to State and local governments for 2017 .................................... ¥6,130 83 * 

* Excludes outlays from prior-year budget authority. 

PROGRAM DUPLICATION

Pursuant to section 3(g) of H. Res. 5 (114th Congress), no provision of this bill establishes or reauthorizes a program of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of 

Public Law 111–139, or a program related to a program identified 

in the most recent Catalog of Federal Domestic Assistance. 


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DIRECTED RULE MAKING

Pursuant to section 3(i) of H. Res. 5 (114th Congress), the bill 

does not direct any rule making. 

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) 

AUTHORITY

The following table provides a detailed summary, for each department and agency, comparing the amounts recommended in the 

bill with fiscal year 2016 enacted amounts and budget estimates 

presented for fiscal year 2017: 


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MINORITY VIEWS 

We commend Chairman Rogers and Chairman Culberson for 

their overall efforts in assembling the Fiscal Year (FY) 2017 Commerce, Justice, Science (CJS) bill and acknowledge they have made 

a strong effort to fund a number of important public investments 

at healthy funding levels. 

However, a great many critical national needs receive far less 

funding than necessary to ensure public safety, boost economic development, deliver a cost-effective 2020 Census, and much more. 

The bill also includes a number of very problematic and highly objectionable riders that jeopardize the appropriations process and 

the enactment of this bill. 

The FY 2017 bill approved by the Committee provides net budget authority of $56 billion, an increase of $279 million above FY 2016. 

However, when comparing total new discretionary budget authority 

between FY 2016 and the FY 2017 Committee bill, it is a cut of 

$84 million below the comparable FY 2016 level and $441 million 

below the Administration’s FY 2017 discretionary request. 

Within this allocation, the bill provides increases to federal law 

enforcement components, most federal science efforts, and several 

other priorities such as trade enforcement. However, a large number of critical public investments simply do not receive adequate resources, with many cut below current levels. In particular, the bill 

contains damaging cuts to state and local law enforcement, advanced manufacturing research, climate research, legal aid for 

those in need, and more. As the process moves forward, we hope 

to address these inadequacies while preserving the positive aspects 

of this bill and to remove harmful riders. Given the wide array of 

public needs that must be funded at workable levels, our careful 

attention to all of these efforts is absolutely crucial. 

DEPARTMENT OF COMMERCE

With regard to Title I, we appreciate the strong funding level for 

the Minority Business Development Agency, which will continue to 

assist minority-owned enterprises as they work to create jobs 

across the country. The Economic Development Administration receives a modest increase, and the Patent and Trademark Office 

(PTO) is once again given the authority to spend its full fee collections estimate. 

However, many important responsibilities within the Department 

of Commerce are badly underfunded. While strong funding is provided for trade enforcement activities of the International Trade 

Administration, the agency’s other export expansion efforts are effectively reduced when adjusted for inflation. The National Institute of Standards and Technology, which advances U.S. technological innovation and industrial competitiveness, is cut by $99 million and nearly $150 million below the President’s discretionary reVerDate Sep 11 2014 07:40 Jun 08, 2016 Jkt 020239 PO 00000 Frm 00119 Fmt 6604 Sfmt 6604 E:\HR\OC\HR605.XXX HR605

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quest. The huge cut to the National Network for Manufacturing Innovation (NNMI) is especially disappointing, as funding was not included to continue the new open competition NNMI center. These 

extremely successful, industry-supported innovation hubs are incubators that focus on developing and bringing to market the next 

generation of advanced manufacturing technologies, which will create jobs and enhance American competitiveness. 

The Bureau of Economic Analysis and the Census Bureau enable 

policymakers and the general public to better understand and predict changes in the American economy and the health of American 

communities, which in turn informs good public policy. Yet both 

agencies are underfunded in this bill. 

The bill’s funding level for the Census Bureau, though an in- crease of $100 million, is more than $163 million below the Administration’s request and is inadequate to keep the Bureau’s research, 

testing, computer systems development and other activities on 

track for 2020. These steps continue to be vital to ensuring that the 

next decennial census will utilize innovative and efficient methods, 

which could save taxpayers as much as $5.2 billion. Preparation toward a modernized census, including a complete end-to-end systems test, needs to be sufficiently funded in FY 2017 to ensure 

these future cost savings. The end-to-end systems test, which was 

missing from preparations for both the 2010 Census and other government information technology ventures that experienced cost 

overruns as a result, is particularly critical. 

We also support strong funding for the American Community 

Survey (ACS), which is essential for high-quality data for small 

population groups, including rural communities, veterans, minorities, and individuals with limited English proficiency. In particular, 

businesses and governments at all levels rely upon ACS data every 

day to make decisions. 

Within the National Oceanic and Atmospheric Administration 

(NOAA), there are strong funding levels for a number of efforts, including weather forecasting and procurement of near-term weather 

satellites, and certain NOAA fisheries programs, among others. 

However, we are greatly disappointed by damaging cuts in other 

areas, including a cut of $25 million below FY 2016 to the National 

Ocean Service. A number of individual programs important to the 

economic vitality of coastal and Great Lakes areas are cut below 

FY 2016 levels, including Coastal Zone Management Grants, Fisheries Habitat Conservation and Restoration, and the National Estuarine Research Reserve System. 

Furthermore, we are greatly disappointed that the Committee 

bill slashes funding for important climate science efforts of NOAA 

and its external partners. The Committee provides $128 million for 

NOAA climate research, a cut of $30 million (19%) below FY 2016 

and $61.9 million (33%) below the Administration’s request. According to the third National Climate Assessment, released in May 

2014, the average temperature in the U.S. increased by between 

1.3 and 1.9 degrees Fahrenheit since recordkeeping began in 1895, 

with 80 percent of this increase occurring since 1970. The assessment noted that impacts related to climate change are already evident in many sectors and are expected to become increasingly disruptive across the nation throughout this century. For example, 


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storm surge on top of the rise in sea level exacerbates coastal flooding during hurricanes. Climate change is also increasing the risks 

of respiratory stress from poor air quality, heat stress, and the 

spread of foodborne, insectborne, and waterborne diseases. These 

are just some examples of what we face as a result of climate 

change. We must fully fund NOAA’s research in this area, which 

will greatly improve our nation’s ability to understand and predict 

climate change and thus enhance our ability to plan and respond. 

DEPARTMENT OF JUSTICE

For the Department of Justice (D0J), a total of $29.1 billion is provided, a decrease of $32.3 million below the comparable FY 16 

level and $716.8 million below the comparable budget request. We are encouraged that $457.2 million is provided for the Execu- tive Office for Immigration Review (EOIR), which is $34.9 million 

above FY 2016 and $29 million above the request. The increase 

would allow EOIR to hire 25 additional judge teams and improve 

infrastructure. Unfortunately, funding is not provided for direct 

representation for minors or to expand the help desk and Legal 

Orientation Program These efforts are essential to both efficient 

operations of the courts and ensuring fair outcomes for individuals 

in immigration proceedings. 

Increases above the FY 2016 level for Federal law enforcement 

and the Office of U.S. Attorneys will allow for continued efforts to 

conduct investigations, protect national security, and litigate civil 

and criminal cases. For Federal Bureau of Investigation (FBI), Salaries and Expenses, $8.8 billion is provided, an increase of $279 

million above FY 2016 and $50 million above the request. This 

funding will allow the FBI to hire additional examiners to conduct 

firearms background checks. We are pleased that the bill provides $73 million for grants to 

improve the submission of records to the National Instant Criminal 

Background Check System, an increase of $18 million above the request and the same as the FY 2016 level. Furthermore, the bill 

provides $75 million for the Comprehensive School Safety Initiative, the same level of funding as proposed in the President’s budget and provided last year. This funding will continue to support research and to help schools implement evidence-based approaches to 

improving school safety. 

For the Bureau of Alcohol, Tobacco, Firearms and Explosives 

(ATF), the bill provides $1.26 billion, an increase of $17.8 million 

above FY 2016, though $48.3 million below the request. While this 

amount covers inflationary expenses, it does not fund the President’s request for 80 additional ATF special agents and 120 additional Industry Operations Investigators. These initiatives, which 

were part of the President’s executive actions to combat gun violence, are designed to reduce gun violence by broadening agent enforcement efforts and by enhancing inspection coverage of the 

steadily increasing number of firearms licensees. 

We are pleased that many important grant programs are protected through level funding or increases, including the State 

Criminal Alien Assistance Program, Crime Victims Fund programs, 

the Byrne-JAG formula grant program, the Justice Reinvestment 

Initiative, the Youth Mentoring program, the Community Trust 


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Initiative, the Drug Court program, the DNA Initiative, and the Office on Violence Against Women grant programs. The inclusion of 

$45 million for Community Teams to Reduce the Sexual Assault 

Kit Backlog as well as $45 million for Victims of Trafficking Grants 

is especially noteworthy. However, we are concerned with the competition between victims’ services and task forces and would prefer 

a more balanced approach. In addition, moving the Victims of Trafficking Grants program into the Violence Against Women program 

area creates the illusion of an increase above the Administration’s 

request. We oppose a cut to the wrongful conviction review grant 

program, and we would like additional resources for this program 

as the process moves forward. 

Finally, while we are pleased with the inclusion of tribal grant 

funding, we would have preferred the Administration’s proposal for 

a set-aside. 

Moreover, the bill cuts overall state and local grant programs at DOJ by a massive $182 million below the comparable FY 2016 enacted level and $57.5 million below the President’s request. 

Several important grant programs are eliminated entirely, including Coverdell Forensic Science grants, the Children Exposed to 

Violence Initiative, and the John R. Justice grant program. 

Juvenile Justice programs overall are decimated, with a cut of 

$85.9 million below FY 2016 and $150.2 million below the request. 

This includes the elimination of the Community-Based Violence 

Initiative, the National Forum on Youth Violence, Part B formula 

grants, the Local Delinquency Prevention Incentive grant program, 

the Children of Incarcerated Parents program, Tribal Youth program, and a program targeting girls in the justice system. These 

eliminations would have severe consequences for at-risk and disadvantaged youth as well as those who depend on these resources 

to improve outcomes for these young people. 

The most egregious of these cuts is the elimination of the Community Oriented Policing Services (COPS) hiring program. This important public safety program is cut by $186 million below FY 2016 

and $229 million below the request. Had it been funded at the request, this program would have provided for the hiring of over 

1,200 new law enforcement professionals. Overall funding for the 

COPS account creates yet another misleading illusion; of the $299 

million, $258 million is for programs not administered by the COPS 

office. Programs funded or requested in other accounts were moved 

into the COPS account to create the appearance of increased funding While Byrne-JAG funding can be used for hiring, that is only 

one of many allowable uses; the program is not intended to target 

the hiring of new officers. 

We are disappointed that many of the Administration’s proposed 

new grant programs were not funded in the bill. These initiatives 

would seek to improve equal access to justice and support better 

police-community relations, among other activities. Moving forward, funding for these and other important programs should be 

included in the final FY 2017 CJS Appropriations Act. 

SCIENCE

The Committee is to be commended for making National Science 

Foundation (NSF) grant funding a priority. The NSF Research and 


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Related Activities account receives $6.08 billion, $46 million above 

FY 2016 and the same as the request. NSF overall receives $7.4 

billion, $57 million below FY 2016 and $158 million below the request. NSF funds research in new frontiers of scientific inquiry and 

helps create a highly skilled, globally-competitive workforce in 

science and engineering. The U.S. must maintain its leadership position in scientific research and education, and NSF is critical to 

this endeavor. We appreciate the lack of language specifying directorate-level funding. As the process moves forward, we intend to 

work to increase NSF funding in the final FY 2017 CJS bill, especially for research grants. The bill provides a healthy overall total of $19.5 billion for the National Aeronautics and Space Administration (NASA), $223 million above FY 2016. The $712 million for the Aeronautics account, 

$72 million above the FY 2016 level, would allow NASA to support 

much of the research needed to develop the next generation of aircraft to remain competitive in an increasingly flight-dependent 

world. This includes developing low boom supersonic jets, solar 

electric aircraft, and highly fuel-efficient aircraft. The Science Mission Directorate as a whole receives very strong funding, and we 

are pleased that the Stratospheric Observatory for Infrared Astronomy receives both $85.2 million and Committee support against actions leading to a premature shutdown. However, we are greatly 

concerned about the huge cut to Earth Science, which is slashed by 

$231 million below FY 2016 and by $342.2 million below the request. Research in Earth Science ultimately helps to protect lives, 

businesses, and infrastructure. 

NASA Space Technology receives a healthy $739.2 million, but 

the set-asides included in report language will limit NASA’s ability 

to execute the technology development efforts as specified in 

NASA’s budget request. We are pleased to see language supporting 

commercial, academic, and international partnerships to study 

lunar geology and in-situ water resources on the moon. 

Regarding the White House Office of Science and Technology Policy, we appreciate the inclusion of report language on the subject 

of Science, Technology, Engineering, and Mathematics (STEM) 

Education. With the ultimate goal to make the many excellent 

STEM programs and materials funded by federal dollars more accessible to each and every student, teacher, school, and state, we 

are pleased to have language directing a report covering the costs 

and logistics of creating a unified online portal for all Federal 

STEM education-related programs and materials. 

RELATED AGENCIES

The Office of the U.S. Trade Representative (USTR) receives $65 

million, a strong increase of $10.5 million above FY 2016, targeted 

at trade enforcement efforts. 

However, the Legal Services Corporation (LSC) is irresponsibly 

cut by $35 million below the FY 2016 level of $385 million, when 

it should have received an increase. The final FY 2016 CJS Act 

provided a $10 million increase above FY 2015. The President recognized the need for additional funding by recommending $425 million for FY 2017 for the LSC. The harmful cut in the Committee 

bill must be reversed. 


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IRRESPONSIBLE GUN RIDERS

We continued to be extremely troubled by the inclusion of gunrelated riders, including one that would effectively prevent the enforcement of an existing requirement that Federal firearms licensees (FFLs) in four southwest border states report to the National 

Tracing Center on the sale of certain kinds of semi-automatic rifles 

favored by Mexican drug cartels. This reporting requirement is 

narrow and targeted, applying only to the four border states 

(Texas, Arizona, New Mexico and California), and only when a 

dealer sells two or more qualifying long guns to a single individual 

within five business days. Qualifying guns are rifles that (1) are 

semi-automatic; (2) are greater than .22 caliber; and (3) can hold 

a detachable magazine. It does not apply to shotguns or the vast 

majority of rifles regularly used for hunting or sporting purposes. 

This reporting requirement is identical to one that has existed 

for decades for handguns, and in no way does it hinder the ability 

of any law-abiding person to purchase as many rifles as he or she 

desires. It is not an undue burden on FFLs, with the time to complete a multiple sales form estimated at 12 minutes and an estimated annual cost in employee time of only $16. 

This very limited reporting requirement has proven to be an important tool for Federal law enforcement in the effort to uncover illegal trafficking operations intended to supply semi-automatic 

weapons to violent drug gangs across the border. According to the 

Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), these 

multiple sales reports have thus far led to more than 300 defendants recommended for prosecution, including both alleged straw 

purchasers and others farther up the firearms trafficking chain. 

Also according to ATF, the reporting requirement is forcing firearms traffickers to change tactics, making straw purchases more 

difficult and serving as a deterrent for many people who might 

have engaged in straw purchasing in the past. 

This is not about restricting gun ownership or compiling a registry of long gun owners. Information that does not become part of 

a trafficking investigation is purged from ATF records within two 

years. This is a law enforcement response to the evidence from successful tracings of weapons recovered in Mexico. These tracings 

show that a large number of these weapons were initially sold by 

licensed gun dealers in California, Arizona, New Mexico, or Texas. 

In 2013, a unanimous panel of the U.S. Court of Appeals for the 

Fifth Circuit affirmed an earlier court finding that Federal law 

‘‘unambiguously authorizes’’ ’ this reporting requirement. This Committee simply has no business in tying the hands of law enforcement agencies as they attempt to carry out Federal law. 

OTHER PROBLEMATIC RIDERS

We are also concerned about other inappropriate riders that do 

not belong in this bill, including ones that would undermine the 

Endangered Species Act with respect to certain endangered fish in 

California, as well as a rider that would block the transition of certain Internet domain name system functions to a multi-stakeholder 

process, even though this transition has been supported in principle by every Presidential administration since 1998. 


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The bill also contains two riders that restrict U.S. policy on 

Cuba. The first appears to effectively target certain categories of 

U.S. exports authorized by the Obama Administration as part of its 

policy shift on Cuba. The provision would restrict or even prevent 

exports that would otherwise go toward improving the lives of ordinary Cubans working in the private sector. The second rider places 

restrictions on PTO’s ability to issue trademarks to Cuban nationals, even in cases in which a specific license from the Treasury Department’s Office of Foreign Assets Control has been issued. The 

provision would additionally create significant administrative burden on PTO. 

We are troubled that a provision was included which would prohibit the Department of Justice from funding an activity to combat 

financial fraud called ‘‘Operation Choke Point.’’ The investigation 

targeted financial fraud by investigating and prosecuting financial 

services providers that processed fraudulent transactions. 

We are disappointed that a provision was included prohibiting 

DOJ from negotiating or concluding civil settlements that require 

the defendant to make a payment to an organization or individual 

that is not a party to the lawsuit. This has potential impact on a 

wide variety of civil settlements, including environmental and 

mortgage fraud cases, among others. 

COMMITTEE AMENDMENTS

We are pleased that the amendment to provide a dedicated funding level of 5% from the Crime Victims Fund for tribal purposes 

was adopted. The Federal Government has provided significant 

support to crime victim services programs across the country However, as is too often the case, Indian Country has largely been left 

out of this effort. Crime victims on tribal lands still struggle to access even the most basic services. This amendment begins to remedy this inequity by directing funding from the Crime Victims 

Fund to tribal governments. 

We are disappointed that the Committee did not adopt the Lowey 

amendment to allow the Department of Justice to block the sales 

of firearms to persons known or suspected to be engaged in conduct 

related to terrorism. Currently, Federal law prohibits nine categories of dangerous people from purchasing or owning firearms. 

However, Federal law does not allow the Attorney General the discretion to block a firearms purchase to an individual on a terror 

watch list. There have been consequences. On November 5, 2009, 

13 people were shot and killed and 30 others wounded by Nidal 

Hasan, who was able to pass a background check and buy a handgun even though he was under investigation by the FBI for links 

to terrorism. We believe that allowing the Attorney General the 

discretion to block these purchases is a commonsense approach 

that should be widely supported. 

A disappointing amendment was adopted prohibiting the Equal 

Employment Opportunity Commission from moving forward with a 

policy change aimed at collecting additional pay information from 

employers. This data, combined with other information available to 

the agency, would be used in conducting investigations. This data 

will help fill a significant void in the information we need to ensure 

that American workers are paid fairly for their hard work, and it 


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would help employers evaluate their own pay practices so they can 

prevent pay discrimination in their workplaces. 

We are troubled by the adoption of an amendment on state sovereignty. The amendment offered by the Chairman to his own 

mark is ambiguous and unclear. We are uncertain as to what, if 

any, effect the provision would have. It is possible that the amendment could provide a new cause of action or remedy for states—although it is far from clear what for and against whom. It is likely 

that time-consuming and costly litigation over the meaning of this 

provision will ensue. 

CONCLUSION

In spite of all our concerns, we would like to reiterate our appreciation for Chairman Culberson’s work with us on a number of 

issues. Within the constraints facing the bill, it does fund a number 

of the interests we have expressed. However, the shortcomings in 

this and other appropriations bills are many and very real. It is our 

firm hope that we can work together to find a path forward that 

will allow all of the FY 2017 Appropriations bills to be sufficiently 

funded without damaging riders. We look forward to working with 

the Chairman and the Members of this Committee to advance the 

process. 

NITA M. LOWEY. 

MICHAEL M. HONDA. 

Æ 


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