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Funding Bill Restricts Rules, Funds Science

Full Title:
Commerce, Justice, Science, and Related Agencies Appropriations Act, 2027

Summary#

This bill sets the 2027 annual budgets for the Departments of Commerce and Justice, NASA, the National Science Foundation (NSF), and related agencies. It funds economic development, trade, weather and oceans, law enforcement, prisons, courts, science, and space programs. It also includes many policy limits (“riders”) on how agencies may spend the money in areas such as firearms rules, research access, diversity training, abortion, immigration, China ties, and data privacy.

Key changes and highlights:

  • Funds major federal science and space work (NASA, NSF) and core Commerce agencies (NOAA weather and oceans, NIST standards, ITA trade, BIS export controls, EDA grants).
  • Funds federal law enforcement (FBI, DEA, ATF, U.S. Marshals), prisons, prosecutors, immigration courts (EOIR), and state/local grant programs (Byrne JAG, COPS, school safety, opioid response, DNA backlog).
  • Continues protections for state medical marijuana programs, but blocks use of funds to reschedule or deschedule marijuana at the federal level.
  • Adds strict limits on spending for firearm regulations (blocking several recent ATF rules, buybacks, red-flag programs, multiple-sale long gun reporting, and any firearms registry); shields certain firearms tracing data from disclosure.
  • Blocks funds for federal DEI/CRT training or offices, ESG promotion, and an OSTP policy requiring open public access to federally funded research; adds limits on NASA/OSTP bilateral work with China.
  • Bars DOJ from suing states over abortion restrictions or certain transgender-related state laws; prohibits DOJ’s Reproductive Rights Task Force; sets BOP housing based on biological sex; retains abortion funding limits in federal prisons.
  • Prohibits law enforcement and intelligence components funded by this Act from buying Americans’ sensitive data or unlawfully obtained data from third parties.
  • Limits NOAA/Commerce from enforcing new vessel speed restrictions for right/Rice’s whales adopted after January 20, 2021; sets conditions on oyster restoration in the Chesapeake Bay.
  • Rescinds unobligated balances from prior years in several DOJ/Commerce accounts.

What it means for you#

  • Workers, businesses, and communities

    • Access to EDA economic development grants continues; at least 10% of certain EDA grants must go to “persistent poverty” counties.
    • Manufacturers and small firms can tap NIST’s Manufacturing Extension Partnership and Manufacturing USA funds.
    • USPTO operations are fully fee-funded; patent and trademark applicants should expect continued service funded by collected fees.
    • Trade-facing companies see continued ITA export promotion and BIS export control enforcement.
  • Scientists, universities, and space/aerospace contractors

    • NASA receives funding across science, exploration (including SLS/Orion/HLS), space operations, technology, and aeronautics.
    • NSF receives substantial research, facilities, and operations support. However, agencies are barred from using funds to implement the 2022 OSTP directive for free, immediate public access to federally funded research.
    • Indirect cost rate practices are locked to FY 2024 levels for Commerce, NASA, and NSF awards.
    • NASA/OSTP cannot engage in bilateral activities with China or host official Chinese visitors unless specific security certifications are made and Congress is notified.
  • Law enforcement agencies, prosecutors, and courts

    • Large grants for Byrne JAG, COPS hiring and technology, school safety, opioid and mental health courts, veterans courts, DNA backlog, NICS records, and victim services continue.
    • Immigration courts (EOIR) receive funding to process cases; however, the bill prohibits using funds to provide legal representation to noncitizens in removal proceedings.
    • ATF may not use funds to enforce several recent firearms rules (including “frame or receiver,” stabilizing braces, and “engaged in the business” rules), to run buyback programs, to fund red-flag/ERPO laws, or to create any firearms registry; certain dealer reporting and “Demand 2” criteria are limited.
    • Firearms tracing and ballistic database information (NIBIN/FTS) is shielded from public disclosure and certain legal processes.
    • Agencies funded by this Act may not buy Americans’ sensitive or unlawfully obtained data from data brokers; warrants or other lawful tools would be needed instead.
  • States, Tribes, and local governments

    • Substantial criminal justice, school safety, opioid response, reentry, Tribal justice, and victim services funding is available by grant.
    • The Census Bureau is barred from using funds to include unlawfully present noncitizens in apportionment calculations.
    • DOJ may not sue or intervene against state/local laws that restrict abortion or protect single-sex sports/facilities or limit certain transgender procedures (for this fiscal year’s funding).
    • Continued protection against DOJ interference with state medical marijuana laws.
  • Crime victims and survivors of domestic/sexual violence

    • The Office on Violence Against Women receives funding for core programs (STOP grants, sexual assault services, legal assistance, rural programs, campus grants, tribal jurisdiction support, and more).
  • Gun owners and firearm dealers

    • Multiple recent ATF rules cannot be implemented with these funds; the bill bars funding for a firearms registry and for red-flag or buyback programs; limits multiple long-gun sale reporting; and narrows ATF “Demand 2” tracing thresholds.
    • Firearms trace and ballistic data remain available to law enforcement but restricted from public release and most civil litigation.
  • Immigrants and immigration attorneys

    • More resources for immigration courts may affect case processing times. No funding may be used to provide government-paid counsel in removal proceedings.
  • Prisoners and corrections staff

    • Federal prisons receive funding for operations and new construction; programs under the First Step Act must be funded at not less than a set level.
    • Housing assignments must align with an inmate’s biological sex; recreational cable TV purchases are restricted.
  • Mariners, fishermen, and coastal communities

    • NOAA funding covers fisheries science/management and Pacific salmon recovery.
    • The bill blocks enforcement of new vessel speed rules for right and Rice’s whales adopted after January 20, 2021.
    • Oyster restoration in the Chesapeake Bay faces conditions (eligibility for managed harvest after three years; new plans required for underperforming sites).

Expenses#

Estimated public cost: the bill sets agency-by-agency funding levels for fiscal year 2027; totals by agency are specified, but no single grand total is provided in the text. Major allocations include:

  • Department of Commerce

    • NOAA: about $4.01 billion for operations/research plus $1.79 billion for procurement/acquisition/construction.
    • NIST: $1.0 billion for research; $212 million for industrial services (including $175 million for MEP); $87.8 million for facilities.
    • ITA: $440 million; BIS: $450 million; EDA: $256.5 million for assistance plus $66 million for admin; Census: about $1.49 billion; NTIA: $46 million plus $1 million for facilities; MBDA: $13.5 million.
    • USPTO: up to $5.16 billion, funded by user fees (no net general fund appropriation expected).
  • Department of Justice

    • FBI: $11.36 billion; DEA: $2.82 billion; ATF: $1.30 billion; U.S. Marshals: $1.74 billion plus detention $3.0 billion; Federal Prisons: $8.23 billion and $175 million for buildings.
    • Executive Office for Immigration Review: $800 million.
    • U.S. Attorneys: $2.75 billion; Antitrust Division: $313 million (fee-funded).
    • Grants: OVW $725 million; OJP State & Local Assistance $2.159 billion; Juvenile Justice $325 million; COPS $762.5 million.
  • NASA

    • Science $6.0 billion; Exploration $8.93 billion; Space Operations $4.40 billion; Space Technology $913 million; Aeronautics $850 million; Safety/Security/Mission Services $3.1 billion; Construction $200 million.
  • National Science Foundation

    • Research $6.44 billion; Major facilities $173 million; Agency operations $360 million.
  • Related agencies

    • EEOC: $379.5 million; ITC: $134 million; Legal Services Corporation: $268 million; USTR: $95 million; others as specified.
  • Rescissions (unobligated prior balances): NOAA ORF $75 million; DOJ OVW $36 million; OJP $175 million; COPS $25 million; DOJ Working Capital Fund $150 million.

  • Other fiscal elements:

    • Numerous reporting, transfer caps, and reprogramming controls.
    • CHIPS Act workforce/education funds must be allocated per the report; certain CHIPS allocations are limited during a continuing resolution.

Proponents' View#

  • The bill appears intended to fund core public safety, courts, prisons, victim services, and state/local grants while strengthening oversight and limiting spending shifts without notice.
  • It funds critical science, space, weather, and standards work that supports innovation, forecasting, and national capabilities.
  • It could be seen as protecting privacy by barring law enforcement and intelligence components funded by this Act from buying Americans’ sensitive or illegally obtained data.
  • Supporters may argue it reins in policies they view as federal overreach, by restricting funds for certain firearm rules, DEI/CRT and ESG activities, abortion- and gender-related litigation, and census apportionment that includes unlawfully present noncitizens.
  • It may be seen as prioritizing national security and trade enforcement (BIS export controls, China limits for NASA/OSTP) and transparency in spending (quarterly fund reports, cost overrun notices).
  • Maintaining the rider protecting state medical marijuana programs could be viewed as respecting state decisions.

Opponents' View#

  • One concern is that numerous policy riders go beyond budgeting and set national policy via appropriations, including limits on firearm regulation enforcement, DEI/CRT/ESG activities, open-access to research, abortion-related enforcement and litigation, census apportionment, and transgender-related issues.
  • Blocking funds to implement the 2022 open-access research memo may slow public availability of taxpayer-funded research results.
  • Firearm-related riders (e.g., blocking ATF rules, limiting data disclosures, banning red-flag funding) may be seen as weakening tools to address gun violence.
  • Prohibiting DOJ from suing states over certain abortion or transgender policies, and ending funds for DOJ’s Reproductive Rights Task Force, could be seen as reducing federal civil rights enforcement.
  • The bar on providing legal representation to noncitizens in removal proceedings may raise fairness concerns in complex cases.
  • Environmental concerns include blocking enforcement of new vessel speed limits for endangered whales, and adding conditions to oyster restoration.
  • The ban on using funds to include unlawfully present noncitizens in apportionment calculations may invite legal challenges and affect representation.
  • Restrictions on NASA/OSTP bilateral engagement with China could limit certain scientific collaborations, while the anti–data-broker provision may require operational changes for investigations relying on purchased data.