[Senate Report 108-344]
[From the U.S. Government Publishing Office]
Calendar No. 698
108th Congress Report
SENATE
2d Session 108-344
======================================================================
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATION BILL, 2005
_______
September 15, 2004.--Ordered to be printed
_______
Mr. Gregg, from the Committee on Appropriations,
submitted the following
R E P O R T
[To accompany S. 2809]
The Committee on Appropriations reports the bill (S. 2809)
making appropriations for the Departments of Commerce, Justice,
and State, the judiciary, and related agencies for the fiscal
year ending September 30, 2005, and for other purposes, reports
favorably thereon and recommends that the bill do pass.
Amount in new budget (obligational) authority
Total bill as reported to Senate........................ $43,467,214,000
Amount of appropriations, 2004.......................... 41,423,940,000
Amount of budget estimates, 2005, as amended............ 43,194,495,000
The bill as reported to the Senate:
Above the appropriations for 2004................... 2,043,274,000
Above the estimates for 2005........................ 272,719,000
C O N T E N T S
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Page
Background:
Purpose of the Bill.......................................... 3
Summary of the Bill.......................................... 3
Budgetary Impact of the Bill..................................... 13
Title I--Department of Justice and Related Agency................ 14
Title II--Department of Commerce and Related Agencies............ 69
Title III--The Judiciary......................................... 121
Title IV--Department of State and Related Agency................. 129
Title V--Related Agencies:
Commission for the Preservation of America's Heritage Abroad. 170
Commission on Civil Rights................................... 170
Commission on Security and Cooperation in Europe............. 170
Congressional-Executive Commission on the People's Republic
of China................................................... 171
Equal Employment Opportunity Commission...................... 171
Federal Communications Commission............................ 171
Federal Trade Commission..................................... 172
Legal Services Corporation................................... 174
Marine Mammal Commission..................................... 174
National Veterans' Business Development Corporation.......... 174
Securities and Exchange Commission........................... 175
Small Business Administration................................ 176
State Justice Institute...................................... 179
United States-China Economic and Security Review Commission.. 179
United States Senate-China Interparliamentary Group.......... 180
Title VI--General Provisions..................................... 181
Title VII--Patent and Trademark Fees............................. 184
Title VIII--Koby Mandell Act of 2003............................. 184
Title IX--Anabolic Steroid Control Act of 2004................... 184
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the Sen-
ate............................................................ 185
Compliance With Paragraph 7(c) Rule XXVI of the Standing Rules of
the Senate..................................................... 185
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 186
Purpose of the Bill
This bill makes appropriations for the Departments of
Commerce, Justice, and State, the Judiciary and Related
Agencies for the fiscal year 2005.
The Commerce, Justice, and State, the Judiciary and Related
Agencies appropriations bill is the principal source of
financial resources to support three Cabinet Departments, the
Federal Judiciary including the Supreme Court, and a number of
independent agencies and commissions including the Office of
the U.S. Trade Representative, the Securities and Exchange
Commission, the Small Business Administration and the Federal
Communications Commission.
This bill is a principal source of support for Federal
programs to combat terrorism, including the intelligence,
counterterrorism, and national security programs of the Federal
Bureau of Investigation. The bill is the principal source of
support for Federal law enforcement, the judicial system, and
grant assistance to State and local law enforcement agencies
throughout the United States. The Commerce, Justice, and State,
the Judiciary and Related Agencies appropriations bill supports
the Department of Commerce and the Nation's lead civilian ocean
and atmosphere research, science, and service agency, the
National Oceanic and Atmospheric Administration. The bill is
the principal source of resources for international operations
such as the staffing, operations, and maintenance and
construction of U.S. diplomatic missions overseas, as well as
assessed contributions for the United Nations and international
organizations, and international peacekeeping. The bill
supports a number of independent agencies and commissions, and
has a key leadership role in supporting technology, innovation,
and the stability of United States financial markets.
The Commerce, Justice, and State, the Judiciary and Related
Agencies bill is one of the most diverse of the 13
appropriations bills that provide for the discretionary funding
of the Federal Government. It is a bill that provides for pay
of personnel, operation and maintenance, grants and contracts,
research and development, procurement, and construction. The
bill provides almost all aspects of support for the
organizations and programs under its jurisdiction.
Summary of the Bill
The total amount of new budget authority recommended by the
Committee for this bill in fiscal year 2005 is $40,494,815,000.
The amount of discretionary budget authority as defined by the
Budget Act is $39,792,000,000.
The total amount of new budget authority represents an
increase of $2,295,236,000 compared with fiscal year 2004 and
an increase of $239,066,000 compared with the Budget Request.
The Committee recommended bill is within the Committee's
section 302(b) allocation for the Commerce, Justice, and State,
the Judiciary and Related Agencies bill. The Committee has made
difficult but necessary tradeoffs to fashion a bill that is
within these limits.
The following paragraphs highlight major themes in this
bill:
COMBATING TERRORISM
Combating terrorism has long been a centerpiece of the
Commerce, Justice, and State, the Judiciary and Related
Agencies bill, although the Committee's focus intensified in
the wake of the Oklahoma City bombings in 1995. The Committee
has established and/or supported a number of new initiatives
within the Department of Justice [DOJ] and other agencies in
this bill, many of which are commensurate with and preceded the
recent recommendations included in the 9/11 Commission Report.
Within DOJ, the Committee in 1998 directed the Department
to establish an interagency plan for combating terrorism. The
``Five Year Plan'', as it was referred to, served as a
cornerstone of the Nation's strategy for combating terrorism.
The Committee also established the Office for Domestic
Preparedness [ODP], a ``one-stop-shop'' for first responders to
obtain information and Federal assistance on preparing for and
responding to terrorism. Within ODP, the Committee created two
specific programs: (1) the National Domestic Preparedness
Consortium, which featured 5 first responder training centers,
each specializing in a different type of threat scenario, and
(2) a permanent national terrorism exercise program (called
TOPOFF to signify the participation of top officials). The
TOPOFF exercise series has been an overwhelming success, and
TOPOFF III is scheduled to take place in April 2005. From the
time it was established until 2001, ODP grew from a $5,000,000
grant program to a $250,000,000 grant program for first
responders.
Also in 1998, the Committee attempted to strengthen the
Federal Bureau of Investigation [FBI] by improving aspects of
the FBI's hiring system to attract experienced professionals
for certain highly-competitive specialty positions.
Specifically, the Committee provided the FBI Director with the
authority to design and implement over a 3-year period a new
system of pay, classification, and personnel management for
non-Special Agent intelligence, scientific, technical,
engineering and medical positions. At that time, however, the
FBI did not act on the new authority and it lapsed at the end
of the 3-year period. The 9/11 Commission Report recommends
similar enhancements to the FBI's recruiting, hiring, and
selection of agents and analysts with skills in intelligence,
international relations, language, and technology and
highlights the need to improve the training and career
opportunities for intelligence analysts and officers.
In May 2001, the Committee organized a series of hearings
on the Federal Government's ability to prevent, prepare for,
and respond to terrorism. The goal of the hearings was to
establish a baseline of information about the role each Federal
agency played in combating terrorism. The most important
finding of the hearings was that the United States did not have
a single national leader charged with coordinating the efforts
of all of the relevant Federal agencies. The second most
important finding was that the United States did not have one
comprehensive, dynamic national strategy outlining these
agencies' responsibilities.
The Committee's July 2001, report concluded that an
effective, comprehensive national strategy required, first and
foremost, a person with the knowledge and breadth of experience
to develop the strategy and the authority and resources to
implement it. To this end, the report recommended a new
position within the highest levels of the Justice Department, a
Deputy Attorney General for Combating Terrorism [DAG-CT]. This
person would have been responsible for establishing the
policies, objectives and priorities of the Federal Government
with respect to combating terrorism. One advantage of creating
a DAG-CT position was that it would not require any new
infrastructure, but would instead draw upon the existing
resources of an established agency. Startup time and cost, as
compared to other proposals being discussed at the time, would
have been greatly minimized.
The concept of a DAG-CT was quickly overtaken by the events
of September 11, the creation of the Office of Homeland
Security at the White House, followed by the creation of the
Department of Homeland Security. The Committee notes with
interest that the 9/11 Commission Report recommends the
creation of a similar position, the National Intelligence
Director [NID], to oversee and coordinate intelligence and
counterterrorism operational planning throughout the
intelligence and law enforcement communities.
Since the terrorist attacks of September 11, 2001, the
Committee has aggressively worked to provide all of the
agencies funded in this bill with the necessary resources to
meet their intelligence, counterterrorism, and related
missions. For fiscal year 2005, the Committee has taken the
recommendations of the 9/11 Commission under advisement in
supporting existing and new intelligence and counterterrorism
initiatives, providing significant funding increases for such
efforts.
The Committee's efforts to protect the United States from
terrorism begin, necessarily, overseas. The recommendation
therefore provides increases for all terrorism and security
functions under the Department of State account. The
recommendation includes significant increases for the
Department of State's public diplomacy programs. These programs
fight terrorism at its roots by explaining United States policy
decisions to foreign publics and by informing foreign publics
about American culture and values. For the second year in a
row, the recommendation has included appropriated funds for the
hiring of consular officers above attrition. Consular officers
face the monumental task of preventing terrorists from entering
the United States, while at the same time permitting those who
seek to come to the United States for business, study, tourism,
or cultural exchange to enter with a minimum amount of hassle.
Finally, the recommendation includes funds for the Department
of State to continue its participation in the international
component of the TOPOFF III terrorism exercise.
Those efforts continue, both overseas and domestically,
within DOJ. The Committee provides funding increases for all
intelligence and counterterrorism-related efforts within DOJ,
which focus on the prevention, investigation, and prosecution
of acts of terrorism. Additional funding includes $503,468,000
for the FBI's intelligence, counterterrorism, and supporting
programs; $100,000,000 for State and local interoperable
communications systems; $11,000,000 for State and local anti-
terrorism training; $6,594,000 to process Foreign Intelligence
Surveillance Act applications; and $7,200,000 for
counterterrorism prosecutions.
The Committee has increased overall funding for the FBI by
52 percent since fiscal year 2000. These funding increases have
enabled the FBI's Counterterrorism Program to grow by 99
percent in total personnel, with a 101 percent increase in
total funding since the terrorist attacks on September 11,
2001. Even with these funding increases and the transfer of 480
Special Agents to the Counterterrorism Division [CTD], the
counterterrorism workload continues to exceed the CTD permanent
workforce. Last year, the Committee directed the FBI to
permanently transfer additional personnel to CTD to address
this workload and eliminate the FBI's practice of temporarily
assigning personnel to handle the FBI's top priority mission.
This direction, however, was challenged and ultimately not
successful.
The Committee remains concerned that CTD does not have the
permanent workforce necessary to ensure all terrorism leads are
thoroughly investigated. The resistance to shift resources to
counterterrorism is not new. The 9/11 Commission Report found
that even though the FBI recognized terrorism as a major
threat, and designated ``national and economic security'' as
the FBI's top priority in 1998, the FBI did not shift resources
accordingly. The Committee does not want the FBI to make the
same mistake again. Accordingly, the Committee again directs
the FBI to permanently transfer the necessary personnel to CTD
to meet its counterterrorism workload.
The Committee has supported the significant and fundamental
changes made within the FBI since September 11, 2001, but
remains concerned over the FBI's ability to institutionally
shift its focus to counterterrorism. The 9/11 Commission Report
similarly states, ``[d]espite having found acceptance of the
Director's clear message that counterterrorism is now the FBI's
top priority, 2 years after 9/11 we also found gaps between
some of the announced reforms and the reality in the field. We
are concerned that management in the field offices still can
allocate people and resources to local concerns that diverge
from the national security mission. This system could revert to
a focus on lower-priority criminal justice cases over national
security requirements.''. The Committee directs the FBI to
submit a plan to the Committees on Appropriations, not later
than March 20, 2005, that ensures the FBI's national priorities
match the priorities and operations in all of the FBI's field
offices and resident agencies.
The Committee has also supported the creation and funding
of fusion centers to ensure the coordinated collection and
dissemination of information, which is consistent with the
recommendations proposed in the 9/11 Report. In particular, the
Committee has supported the creation of the Terrorist Threat
Integration Center [TTIC], which serves as the central hub for
terrorist threat-related information, providing TTIC with over
$171,000,000; the Terrorist Screening Center [TSC], which
coordinates and consolidates terrorist watchlists from all
Federal agencies, providing $20,600,000 since its creation; and
the Foreign Terrorist Tracking Task Force [FTTTF], which denies
terrorists entry into the United States, as well as locates,
detains, prosecutes, or deports terrorists that have already
entered the country, providing $60,300,000 since its creation.
Last year, and again this year, the Committee breaks out
funding from the FBI's salaries and expenses account for these
fusion centers. The Committee's vision to fund and establish a
separate account for TTIC, FTTTF, and TSC supports the 9/11
Commission recommendations to centralize the collection,
analysis, and dissemination of information.
PROTECTING AMERICA'S CHILDREN
The Commerce, Justice, and State, the Judiciary and Related
Agencies appropriations bill is a natural home to programs that
enable the Nation to build a safety net for our children.
Programs that address problems such as Internet safety, child
abduction, and child pornography have been critical in
protecting children from some of the most malevolent predators.
Training and education of law enforcement officers in child
safety issues has led to better coordination of services to the
most vulnerable children. Ensuring the future of our children
begins with creating an environment in which children can
thrive in educational and social settings. The Safe School
Initiative and School Resource Officers have enhanced the
physical security of schools through the promotion of positive
relationships between law enforcement and youths. This, coupled
with anti-drug initiatives, gang reduction programs, and after
school programs, has cast the safety net even wider, resulting
in greater opportunities for America's at-risk youth. The
threat to American children does not end at U.S. borders,
however, and the Committee has taken steps during the past 3
years to provide for safety enhancements of international
schools attended by American children. In addition, the
Committee has supported efforts by Federal agencies to prevent
international child abductions. In one instance, the Committee
mandated a change in Department of State passport issuance
policies which has already proven an effective tool in
preventing international child abductions.
INVESTING IN INFRASTRUCTURE
The Committee recommended bill provides over $7,000,000,000
for infrastructure investments. Included are investments in
construction of embassies and laboratories, the acquisition of
ships, aircraft, and satellites for environmental monitoring,
the development and procurement of equipment and technology
(including computers and information technologies) for use by
the agencies under the jurisdiction of the Commerce, Justice,
and State, the Judiciary and Related Agencies Subcommittee. In
a number of cases, the bill provides funding for partnerships
with universities, cooperative agreement partners, and States
to provide infrastructure support. For example, State law
enforcement agencies across the Nation receive support for
forensic laboratory and communications technology through the
recommended appropriations in Title I of this bill.
Far too often infrastructure requirements are not given
sufficient priority in the budgets submitted by agencies to
Congress. Often, agencies' plant and equipment needs are
requested at levels far lower than what is required to ensure
their upkeep through a reasonable replacement schedule. The
Committee has in a number of areas increased funding for
maintenance and repair. The Committee has necessarily added
construction of facilities in a number of mission agencies,
such as the National Oceanic and Atmospheric Administration,
since the current primary method of Federal building investment
through the General Services Administration appears to largely
ignore the needs of fisheries and research laboratories across
the Nation.
Infrastructure appropriations are long-term investments in
the agencies funded within this bill. Unfortunately, budgetary
constraints often require these investments to be made on an
incremental basis rather than adhering to full funding, thus
requiring several years to ``bank'' funds to proceed with a
construction project or to construct a research vessel. This
procedure often leads to the accumulation of unobligated
balances until a project's full cost is financed.
Infrastructure investments are intrinsically linked to
productivity and marshalling talent of the Federal workforce.
The programs provided for in the Committee recommendation are
intended to improve the ability of Federal employees--from
researchers to law enforcement agents--to do their jobs more
effectively. The investment in supercomputing for weather
services, for example, has significantly improved the accuracy
of forecasts. Supercomputers, new modeling techniques, and
better data assimilation techniques to take advantage of these
models, are making exponential gains not only in weather
applications, but also in climate and ocean forecasting. It is
also leveraging the investment made in observational systems
whether satellites, radars, or ocean sensors.
Investing in infrastructure is investing in the future. The
significant investments made by the Committee ensure that
agencies and programs in this bill are able to perform their
service to the American people for years to come. For example,
investments in earth remote sensing satellites mean that these
satellites will be available to provide atmospheric and oceanic
data, climatic data, and search and rescue services for the
American people and international community at least 5 years
into the future.
The Committee's infrastructure investments provide for
improving the safety of State Department and other United
States employees overseas. The recommendation includes
$816,000,000 for new construction of 14 diplomatic posts
overseas. The bill also supports the administration's effort to
eliminate the backlog of security improvements and new
construction requirements for the 187 most vulnerable overseas
posts within the next 14 years instead of 26 years. The
Committee strongly endorses the administration's capital cost
sharing policy that promotes ``right-sizing'' of agency
presence overseas and provides that agencies, including the
State Department, contribute their fair share toward the cost
of occupying United States diplomatic facilities overseas. Cost
sharing will put an end to the practice of treating overseas
secure buildings as a ``free good.'' The Committee notes that,
domestically, Federal agencies are expected to pay rent for
square footage occupied.
The Committee notes that improvements can be made not only
in the budgeting for Federal infrastructure, but also in
program management and oversight to ensure that these
investments are developed and delivered at cost, on budget, and
on schedule. Basic systems acquisition management can be
improved. This is especially true with respect to information
technology systems. Improvements have been made government-wide
through the creation of Department and Agency Chief Information
Officer [CIO] organizations pursuant to the Klinger-Cohen Act.
Nevertheless, there are far too many examples of agencies that
do not set requirements and lock in specifications before
contracting to build a system, and find themselves having spent
significant financial resources in return for information
systems that simply do not meet functional needs. The Federal
Bureau of Investigation [FBI] has had a particularly poor track
record of developing information technology that meets cost,
schedule, and performance. The Triology/Virtual Case File
system, under a cost-plus contract, continues to be plagued by
cost overruns and an inability to meet the Bureau's
requirements. The Committee is pleased that the Director of the
FBI and FBI's CIO have made fixing this system and its program
management a priority. To assist the FBI in the furtherance of
its goals and ensure that the taxpayers are not asked to
provide unlimited resources, the Committee bill includes a
multi-year cost cap of $600,000,000 for the Triology system.
The Department of State, conversely, has achieved a
particularly impressive track record, having built state of the
art, global sensitive but unclassified [SBU] and classified
networks from the ground up. The National Oceanic and
Atmospheric Administration [NOAA], which 8 years ago
encountered great difficulty developing new weather information
technology systems, turned the corner and has done an
outstanding job developing and acquiring these forecasting
tools and advanced supercomputers on cost and schedule.
PROTECTING AMERICAN INTELLECTUAL PROPERTY
The protection of American intellectual property is
essential to United States economic growth. It is estimated
that 50 percent of United States exports now depend on some
form of intellectual property protection, compared to less then
10 percent 50 years ago. United States companies lose an
estimated $200,000,000,000 to $250,000,000,000 to
counterfeiting and piracy each year. Companies' ability to
profit from their intellectual property is critical to their
growth and, in turn, the health of the United States economy.
There is widespread concern--and the Committee agrees--that not
enough is being done to combat the counterfeiting and piracy of
American intellectual property.
This bill takes steps to significantly augment two
agencies' capabilities for addressing the challenges associated
with protecting American intellectual property overseas. First,
it provides a separate appropriation--for the first time ever--
for the National Intellectual Property Law Enforcement
Coordination Council [NIPLECC]. The NIPLECC is an interagency
body created in 1999 that is tasked with coordinating domestic
and international intellectual property law enforcement.
Funding for NIPLECC, as well as legislation clarifying its
mission and authorities, is included under Title II of this
Act. The Committee also recommends language tasking NIPLECC
with developing a strategy for protecting United States
intellectual property overseas, and coordinating the
implementation of this strategy by other Federal agencies. The
establishment of NIPLECC as a force for intellectual property
protection is an unprecedented and necessary step towards
better coordination of this Nation's efforts to protect its
intellectual property.
In addition to this new initiative, the bill provides
funding for the United States Patent and Trademark Office to
increase efforts to protect American intellectual property
overseas. It also creates and funds the position of Chief
Negotiator for Intellectual Property Enforcement within the
Office of the United States Trade Representative and the Office
of International Intellectual Property Enforcement within the
Department of State. The creation of these two new offices will
raise the stature of this problem within these two Federal
agencies and will lay the foundation for these agencies to
augment their monitoring and enforcement efforts in the coming
years.
All of the intellectual property initiatives discussed
above are described in greater detail in the relevant headings
of this statement.
OCEAN COMMISSION INITIATIVE
The Committee has consistently supported oceanic and
atmospheric programs each year. The oceans and atmosphere
affect almost all aspects of life on earth. The oceans retain
and transport heat and they drive climate and weather. The
oceans provide the United States with transportation corridors
upon which most trade occurs. The oceans provide us with food,
pharmaceuticals, minerals and food. The oceans are a major
resource for recreation and tourism, and improve quality of
life.
Yet, our Nation maintains only a sparse observational
network to measure changes in the ocean vis-a-vis that which it
maintains in the atmosphere. Our coastal observational network
remains inadequate. We are only beginning to fully model and
understand the impact of the oceans on driving seasonal and
long-term climate changes. Fisherman and other ocean industries
often complain about the inaccuracy of marine weather and wave
forecasts. While our Nation plans for interplanetary missions
of discovery in space, much remains to be discovered here on
our own planet. As much as 95 percent of the ocean floor
remains unexplored, and with each ocean exploration mission,
new geographic features and life forms are being discovered for
the first time. United States' laws require the prudent
management and conservation of fishery stocks and protection of
special animals, like marine mammals and sea turtles; yet much
needs to be learned about these animals and their population
stocks.
It is imperative, even in a time of tight budgets, to
invest in programs that research, monitor, and preserve our
oceans and their resources. Investments in the oceans expand
our knowledge and help improve environmental education for our
Nation's youth. They are investments in our Nation's future.
The Committee commends the work of the recent U.S.
Commission on Ocean Policy and notes that the Commission
reinforced the National Oceanic and Atmospheric
Administration's [NOAA] role as the lead Federal civilian
agency for the oceans.
The Committee recommendation includes a new initiative
within NOAA that addresses a number of policy and program
changes recommended by the United States Commission on Ocean
Policy, which released its draft report in April 2004. In total
the Committee has provided over $454,000,000 for this
initiative, an increase of $205,874,000 above the fiscal year
2004 funding level and $239,075,000 above the budget request.
Included are increased resources to support the following
programs that were highlighted by the Commission: (1) an
integrated coastal and ocean observing system; (2) the Ocean
Health Initiative; (3) the National Sea Grant program; (4) a
NOAA K-12 education initiative and the Minority Serving
Institution program; (5) ocean exploration and undersea
research; (6) marine debris; (7) international fisheries treaty
negotiation and compliance; (8) a marine mammal initiative; (9)
satellite oceanography and transition of NASA remote sensing
research and development into NOAA operational satellites; (10)
shiptime (days at sea) and vessel maintenance/safety
improvements; and (11) construction of new NOAA vessels,
equipment and technology to support research, hydrography and
fisheries surveys.
REPROGRAMMINGS, REORGANIZATIONS, AND RELOCATIONS
Section 605 of this Act provides procedures for the
reprogramming of funds. To reprogram is to change the use of
funds from the specific purposes provided for in the Act and
the accompanying statement. Each title of the bill also has
traditionally included separate provisions that define
permissible transfers of resources between appropriation
accounts. These transfer authority provisions are also pursuant
to section 605, and were initiated in the early 1990's to
provide additional flexibility to the agencies supported by the
Commerce, Justice and State, the Judiciary and Related Agencies
bill.
Section 605 provides that the chairmen of the Committees on
Appropriations be notified by letter at least 15 days prior to
the reprogramming of funds in excess of a dollar threshold or
10 percent of the overall funding level for a program,
whichever is less, between programs and activities. This
provision also restates a number of other instances where
proposed agency actions require the submission of a
reprogramming, including providing funds or personnel for any
project that has been denied or restricted, reorganizations,
contracting, etc. To account for inflation over a number of
years, for fiscal year 2005 the Committee recommends increasing
this threshold from $500,000 to $1,000,000.
The reprogramming process is based on comity between the
Appropriations Committee, the executive branch, as well as with
the judicial branch. The Commerce, Justice, and State, the
Judiciary and Related Agencies appropriations bill provides
specific program guidance through the explanatory statement and
tables accompanying the bill. The process is intended to
provide some flexibility to meet changing circumstances and
emergency requirements, if there is agreement between the
executive or judicial branch and the legislative branch that
such a change is warranted. Reprogramming procedures provide a
means for the affected branches to agree on adjustments, if
necessary, during a fiscal year, or to ensure that the
Committees are kept apprised in instances where non-
appropriated resources are used to meet program requirements,
such as fee collections and unobligated balances that were not
considered in the development of the appropriations
legislation.
In the absence of comity and respect for the prerogatives
of the Appropriations Committees and Congress in general, the
Committee has no choice but to put specific program limitations
and detail in legislation. Under these circumstances, programs,
projects, and activities become absolutes and the executive and
judicial branches lose the ability to propose changes in the
use of appropriations through the reprogramming process between
programs, projects, and activities without seeking legislative
action.
The reprogramming process, in general, works well and
ensures that the public's interests are protected. The
Committee is concerned, however, the executive branch often
establishes a cumbersome, bureaucratic process resulting in
significant delays before reprogramming proposals are
transmitted to Congress. The executive branch should set cycle
times for ensuring the rapid consideration and transmittal of
reprogramming proposals. For example, with Department of
Commerce bureaus, it can take over 6 months from when a bureau
proposes a reprogramming action and when approval is received
from the Office of Management and Budget [OMB] and notification
is transmitted to Congress. This bureaucratic delay has led to
unacceptable situations where agencies already have obligated
funds before Congress has been consulted. Such ``after the
fact'' reprogrammings will not be tolerated: they undercut the
basic premise upon which appropriations law is founded.
Unfortunately, the Committee is aware that the Department
of State and the Bureau of Prisons within the Department of
Justice have not complied with reprogramming procedures and
have proceeded with reprogrammings without securing the
Committee's agreement. Therefore, the Committee recommended
bill eliminates a number of flexibilities and authorities
afforded those agencies in past years, including transfer
authority. The Committee regrets the necessity of this action.
However, in the absence of comity, the Committee is required to
take additional actions to ensure that funds are only spent for
the purposes appropriated.
NON-CAREER PERSONNEL REDUCTIONS-IN-FORCE
The Committee directs each department, commission, or
agency to provide their current number of political appointees
and the number as of October 1, 2004. These amounts should be
broken out by pay level. This report should be provided to the
Committees on Appropriations no later than December 1, 2004.
Also, the Committee shall be notified when the number of
political appointees rises above 10 percent from either of the
previous 2 years or when five or more political appointees are
added in a given year. The Committee should be notified 30 days
before either of these situations occurs. Similar notification
should be provided when the same number of personnel positions
is converted from political appointments to civil service
positions.
In addition, the Committee directs departments or agencies
funded in the accompanying bill that are planning to conduct a
reduction in force [RIF] to notify the Committee by letter 30
days in advance of the date of the proposed personnel action.
Also, the Committee directs that any items which are subject to
interpretation will be reported.
Appropriations Liaison.--The Committee again prefers to
channel most of its inquiries and requests for information and
assistance through the budget offices or comptroller
organizations, but reserves the right to call upon any
individual or organization in any agency under its
jurisdiction. The Committee continues to stress the natural
affinity between agency financial management organizations and
the Appropriations Committee, which makes a close working
relationship imperative.
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
---------------------------------------------------
Committee Amount of Committee Amount of
allocation bill allocation bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees of amounts in the Budget Resolution
for 2005: Subcommittee on Commerce, Justice, and State, the
Judiciary, and Related Agencies:
Discretionary........................................... 39,792 39,792 40,440 \1\ 40,119
Mandatory............................................... 704 704 705 \1\ 705
Projection of outlays associated with the recommendation:
2005.................................................... ........... ........... ........... \2\ 28,940
2006.................................................... ........... ........... ........... 7,326
2007.................................................... ........... ........... ........... 2,534
2008.................................................... ........... ........... ........... 1,537
2009 and future years................................... ........... ........... ........... 917
Financial assistance to State and local governments for NA 3,430 NA 3,127
2005.......................................................
----------------------------------------------------------------------------------------------------------------
\1\ Includes outlays from prior-year budget authority.
\2\ Excludes outlays from prior-year budget authority.
NA: Not applicable.
TITLE I--DEPARTMENT OF JUSTICE
The Committee recommends a total of $20,389,055,000 for the
Department of Justice [DOJ]. The recommendation is $618,465,000
above the fiscal year 2004 funding level and $444,316,000 above
the budget request. The Committee has made funding for
combating and prosecuting terrorism, as well as critical
information technology and infrastructure investments, the
centerpiece of the fiscal year 2005 appropriations bill.
Throughout this title, the Committee recommends funding for
mandatory personnel expenses, including the 1.5 percent pay
raise, annualization of the fiscal year 2004 pay raises and
increases, annualization of the fiscal year 2003 increases and
positions, including the fiscal year 2003 wartime supplemental,
Federal Health Insurance Premiums, as well as the proposed
decreases to the adjustments to base, funding for the Capital
Security Cost Sharing Program, and proposed offsets, unless
otherwise provided below.
Budget Restructuring Proposals.--The Committee remains
concerned with the Department's repeated proposal to
consolidate existing decision units. All accounts within the
DOJ, therefore, shall continue to use their fiscal year 2004
decision units and account structures, unless otherwise
specified in the following recommendation.
Department Coordination.--The Committee continues to
believe the DOJ must clearly define the roles of its law
enforcement agencies to ensure they are not duplicating
efforts, particularly in the areas of drugs, explosives, guns,
gangs, and fugitive apprehension.
Last year, the conferees expressed particular concern over
the duplication of fugitive apprehension efforts and directed
the DOJ to submit a comprehensive report to the Committees on
Appropriations describing all fugitive apprehension activities
and identifying opportunities to consolidate those activities
under the one agency that is best trained and equipped for
fugitive apprehension. The Committee has yet to receive this
report. As a result of Public Law 106-544, the Committee is
aware that DOJ has directed the United States Marshals Service
[USMS] to serve as the lead agency for the establishment and
operation of all task forces focused on the apprehension of
Federal, State, and local fugitives. Because of the USMS'
statutory authority to apprehend Federal, State, and local
violent fugitives, the process for the Unlawful Flight statutes
is generally unnecessary in accomplishing this mission. The
Committee therefore directs the Attorney General to transfer
jurisdiction of fugitive cases that fall under Unlawful Flight
statutes to the USMS during this fiscal year, and directs that
the USMS be the only Federal law enforcement agency within DOJ
to establish or operate task forces whose purpose includes
fugitive apprehension, although other Federal law enforcement
agencies are encouraged to participate where their staffing
resources are adequate to do so.
Allocation of Attorneys.--The Committee is concerned about
a Department proposal to transfer attorney positions from the
litigating divisions to the U.S. Attorneys offices. The
Committee notes that the number of Assistant U.S. Attorneys has
significantly increased over the last decade and it is unclear
to the Committee that there is an immediate need for additional
attorneys within those offices. In addition, to address the
wide disparity in caseload between those offices, the Committee
has already given the Executive Office of the U.S. Attorneys
[EOUSA] significant flexibility to address its resource
allocation process. In fiscal year 2002, the Committee waived
all previous congressional guidance to the U.S. Attorneys,
giving EOUSA the authority to distribute manpower and funding
among the district offices for the purposes, and to the places,
it felt best served the interests of the American people.
The Committee is also concerned that the Department did not
make this request in the context of the President's fiscal year
2005 budget submission, and that this proposal is inconsistent
with that submission. In particular, the Committee is
disappointed that the Department did not earlier notify the
Committee of excess or unnecessary attorney positions that the
Department is now identifying within the litigation divisions.
Accordingly, the Committee directs the Attorney General to
submit to the Committees on Appropriations a detailed study
that includes: the current workload, as shown by case hours and
number of cases per attorney in each district office and in the
legal divisions; the number of attorney full time equivalents
allocated to each district office and the litigating divisions
each year from fiscal year 2001 through fiscal year 2005; the
criteria the Department would employ to allocate additional
attorney slots; the criteria used by the Department to
determine which attorney positions are excess or unnecessary to
the mission of the litigating divisions; the specific role each
additional attorney slot would play in the district; and a
crosswalk showing the proposed allocation of the attorney slots
from each legal division to each district.
General Administration
SALARIES AND EXPENSES
Appropriations, 2004.................................... $105,564,000
Budget estimate, 2005................................... 186,551,000
Committee recommendation................................ 141,466,000
The Committee recommends an appropriation of $141,466,000.
The recommendation is $35,902,000 above the fiscal year 2004
funding level and $45,085,000 below the budget request.
This account funds the development of policy objectives and
the overall management of the Department of Justice.
Office of Intelligence Policy and Review.--The workload of
the Office of Intelligence Policy and Review [OIPR] has
increased significantly since the terrorist attacks on
September 11, 2001, particularly in terms of the number of
Foreign Intelligence Surveillance Act [FISA] applications the
office processes. To ensure OIPR has the necessary resources to
meet its growing FISA caseload and, at the same time, continue
its vigorous oversight and compliance reviews of the Federal
Bureau of Investigation's [FBI] foreign intelligence and
counterintelligence investigations, the Committee
recommendation includes an additional $6,594,000 for OIPR.
Financial Management System.--The Committee is aware of the
importance of developing a Department-wide financial system to
make financial reporting and program performance more timely,
accurate, and accessible. The Committee provides an additional
$11,000,000 for a Unified Financial Management System, and will
consider the use of additional existing resources for this
project, subject to section 605 of this Act.
Corporate Fraud.--The fiscal year 2004 Appropriations Act
directed the Department of Justice to submit to the Committees
on Appropriations a report providing the status of joint
efforts to combat corporate corruption. Additionally, the FBI
was directed to report to the Committees on Appropriations with
information about the resources it would take to produce a
corporate crime report similar to the FBI's Crime in the United
States report. It has been brought to the Committee's attention
that DOJ plans to consolidate these reports. However, no report
has yet been transmitted to the Committees on Appropriations.
The Department is directed to submit the consolidated report
within 30 days of the enactment of this Act.
Information Technology Enhancements.--The Committee has
long supported information technology investments at the
Department of Justice and was encouraged by the significant
funding increases requested for the Office of the Chief
Information Officer [CIO] this year. The Committee
recommendation provides an additional $14,132,000 for the
highest priority projects of the CIO, and will consider a
reprogramming for additional funding for the CIO, subject to
section 605 of this Act. The Committee directs the CIO to
evaluate commercially-proven enterprise data warehousing and
analytic systems and to provide a report to the Committee
summarizing the findings on this technology's applicability to
the counter-terrorism mission not later than March 31, 2005.
Public Affairs.--Since September 11, 2001, there has been
an increased level of public concern and attention to the
issues handled by the Department of Justice. The Committee
therefore provides an additional $100,000 for the Office of
Public Affairs to enhance the Department's ability to respond
to the public.
JOINT AUTOMATED BOOKING SYSTEM
Appropriations, 2004.................................... $18,974,000
Budget estimate, 2005................................... 20,309,000
Committee recommendation................................ 20,185,000
The Committee recommends an appropriation of $20,185,000.
The recommendation is $1,211,000 above the fiscal year 2004
funding level and $124,000 below the budget request.
This account centrally funds development, acquisition, and
deployment of the Joint Automated Booking System [JABS].
JABS incentive funds are to be distributed to the component
or components making the best progress in installing and
operating the system.
JABS automates the collection of fingerprint, photographic,
and biographical data during the booking process and provides a
mechanism to rapidly and positively identify an individual
based on a fingerprint submission to the FBI's Integrated
Automated Fingerprint Identification System. The JABS booking
submissions also provide ``real-time'' updating of the FBI's
criminal master files that are available to all Federal, State,
and local law enforcement agencies.
JABS has proven to be one of the most successful programs
at the Department. The Committee provides an additional
$1,200,000 for a core JABS upgrade to accommodate projected
transaction volume increases related to the continued
deployment of JABS.
AUTOMATED BIOMETRIC IDENTIFICATION SYSTEM/INTEGRATED AUTOMATED
FINGERPRINT IDENTIFICATION SYSTEM
Appropriations, 2004.................................... $5,046,000
Budget estimate, 2005................................... 5,054,000
Committee recommendation................................ 5,054,000
The Committee recommends an appropriation of $5,054,000 for
the Automated Biometric Identification System/Integrated
Automated Fingerprint Identification System [IDENT/IAFIS]. The
recommendation is $8,000 above the fiscal year 2004 funding
level and identical to the budget request.
A Department of Justice Inspector General report entitled
``IDENT/IAFIS: The Batres Case and the Status of the
Integration Project'' issued in March, 2004, provides extensive
and compelling details on the critical need to integrate
existing biometric databases. The 9/11 Commission also
recognized that protecting against and preparing for terrorist
attacks required screening people with biometric identifiers
across agencies and governments. The Department of Homeland
Security [DHS] and the Department of State [DOS] are in the
process of developing US VISIT, a new visa tracking system, and
enrolling thousands of visitors to the United States into a new
biometric database.
Before DOS or DHS allow any foreign national entry into the
country, or when DHS encounters an alien that has attempted an
illegal entry, U.S. officials need to know for certain the
individual's background and status, including whether there are
outstanding warrants, convictions, or other evidence that would
permit denying them entry. At the same time, in order for
Federal, State and local law enforcement agencies to
effectively fight crime, they need to be able to access
fingerprint records of visitors and immigration law violators.
That crucial information will be contained in 2 separate
databases: DHS's IDENT, which contains 6 million fingerprint
records of repeat immigration offenders and deported aliens and
also includes DHS's US VISIT, which contains 2 million
fingerprint records of visitors and will grow dramatically in
the coming years; and FBI's IAFIS, which contains 46,500,000
fingerprint records of terrorists, wanted individuals, and
persons arrested/convicted of serious crimes.
The Committee first directed DOJ to develop a plan to
integrate IDENT and IAFIS so the systems could access each
other's information 5 years ago. Since then, DOJ has developed
stop-gap measures to provide DHS and DOS access to IAFIS's
fingerprint records. Those measures, however, do not provide
full interoperability of the systems, or real time information,
and have yet to be fully deployed. Further, no measures have
been taken to enable Federal, State and local law enforcement
agencies to retrieve the proper level of information out of the
IDENT/US VISIT database.
The Committee directs DOJ and DOS, in coordination with
DHS, to jointly submit to the Committees on Appropriations, not
later than February 8, 2005, a plan that details the specific
steps the Departments will take to achieve full
interoperability between IDENT, US VISIT, and IAFIS. The plan
should also identify the funding sources and amounts needed for
interoperability, a timetable for its accomplishment, as well
as the impact complete interoperability will have on the
existing IAFIS system. The Committee also expects DOJ to
implement the recommendations of Office of Inspector General's
March report on IDENT/IAFIS, and continues to encourage the
Department to work closely with DOS and DHS.
LEGAL ACTIVITIES OFFICE AUTOMATION
Appropriations, 2004.................................... $26,749,000
Budget estimate, 2005................................... 80,510,000
Committee recommendation................................ 70,502,000
The Committee recommends an appropriation of $70,502,000.
The recommendation is $43,753,000 above the fiscal year 2004
funding level, $10,008,000 below the budget request.
This account centrally funds acquisition, deployment, and
maintenance of Legal Activities Office Automation [LAOA]
systems, the largest components of which are the Justice
Consolidated Network [JCN] and the Justice Consolidated Office
Network [JCON].
LAOA is the computer modernization program for many of the
Department's management, litigating, and law enforcement
components, including the Antitrust Division, the U.S.
Attorneys, the U.S. Marshals Service, the U.S. Trustees, the
Executive Office for Immigration Review, the Community
Relations Service, the offices funded through the ``General
Administration'' and ``General Legal Activities'' accounts, the
Bureau of Prisons, the Office of Justice Programs, and most
recently, the U.S. Parole Commission. These components make up
approximately 71,000 Department employees, all of whom will be
end users of LAOA.
The Committee has pushed hard in previous years to increase
the funds for, and widen the scope of, JCN and JCON to maximize
the benefits of a common computer system across components.
This year, the Committee recommendation includes an additional
$43,760,000 to build a funding base that is not dependent on
outside or one-time funding sources. The Committee supports the
use of existing resources should additional funding be
necessary, subject to Section 605 of this Act.
NARROWBAND COMMUNICATIONS
Appropriations, 2004.................................... $102,085,000
Budget estimate, 2005................................... 101,971,000
Committee recommendation................................ 68,021,000.
The Committee recommends an appropriation of $68,021,000.
The recommendation is $34,064,000 below the fiscal year 2004
funding level and $33,950,000 below the budget request. The
Committee is satisfied that there is sufficient carryover
balances available in fiscal year 2005 for this account.
This account centrally funds development, acquisition,
deployment, and operation and maintenance of the Justice
Department's narrowband wireless communications network. By
law, all Justice components operating Land Mobile Radio systems
in the VHF band must convert by January 1, 2005. Should
additional funding be necessary to meet this deadline, the
Committee will consider the use of existing resources, subject
to section 605 of this Act.
ADMINISTRATIVE REVIEW AND APPEALS
Appropriations, 2004.................................... $191,494,000
Budget estimate, 2005................................... 202,518,000
Committee recommendation................................ 205,411,000
The Committee recommends an appropriation of $205,411,000.
The recommendation is $13,917,000 above the fiscal year 2004
funding level, $2,893,000 above the budget request, and
includes funding for the annualization costs associated with
filling immigration judge vacancies.
The Executive Office for Immigration Review [EOIR] includes
the Board of Immigration Appeals [BIA], immigration judges, and
administrative law judges who decide through administrative
hearings whether to admit or exclude aliens seeking to enter
the country, and whether to deport or adjust the status of
aliens whose status has been challenged. This account also
funds the Office of the Pardon Attorney which receives,
investigates, and considers petitions for all forms of
executive clemency.
Immigration enforcement initiatives within the Department
of Homeland Security have significantly increased EOIR's
caseload. In fiscal year 2005, EOIR is expecting an estimated
30,000 additional new cases brought before the immigration
courts, and an estimated 4,000 additional appeals filed before
BIA. The Committee therefore includes an additional $1,690,000
for EOIR to address this growing caseload.
DETENTION TRUSTEE
Appropriations, 2004.................................... $805,530,000
Budget estimate, 2005................................... 938,810,000
Committee recommendation................................ 885,994,000
The Committee recommends an appropriation of $885,994,000.
The recommendation is $80,464,000 above the fiscal year 2004
funding level, $52,816,000 below the budget request, and
includes the jail day rate increase.
The Detention Trustee oversees Federal detainees.
The Committee is concerned about the Department of
Justice's ability to anticipate the true funding needs for this
account and directs the Detention Trustee to continue efforts
to improve its current formulas. The Committee provides an
additional $67,456,000 to address detention needs and will
consider the use of existing resources should additional
funding be required, subject to Section 605 of this Act.
Efficiency.--The Committee reiterates its position that any
construction, planning, supporting, or contracting of new
detention facilities is not an allowable use of funds provided
under this account and directs the Detention Trustee to
withdraw any solicitations for such activities.
OFFICE ON VIOLENCE AGAINST WOMEN
Appropriations, 2004.................................... $383,551,000
Budget estimate, 2005................................... 362,477,000
Committee recommendation................................ 410,000,000
The Committee recommends an appropriation of $410,000,000.
The recommendation is $26,449,000 above the fiscal year 2004
funding level and $47,523,000 above the budget request.
The Committee commends the Director of the Office of
Violence Against Women for leveraging resources to assess and
address the critical needs of domestic violence victims.
Funding for these programs were previously appropriated
under the Office of Justice Programs, State and Local Law
Enforcement assistance account. Grants provided under this
recommendation are for the following programs:
VIOLENCE AGAINST WOMEN ACT PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
General formula grants................................. 175,705
National Institute of Justice.......................... [5,000]
OJJDP-Safe Start Program............................... [10,000]
Transitional Housing Assistance........................ [10,000]
Grants to encourage arrest policies.................... 64,503
Rural domestic violence................................ 39,685
Legal Assistance Program............................... 39,740
Campus Violence Program................................ 9,935
Elder Abuse, Neglect, and Exploitation................. 4,968
Safe Haven Program..................................... 14,903
Education and Training to Assist Disabled Female 7,451
Victims...............................................
Stalker Database Expansion............................. 2,981
Training programs...................................... 4,957
Court appointed special advocates [CASA]............... 11,897
Training for judicial personnel........................ 2,281
Grants for televised testimony......................... 994
Management and Administration.......................... 30,000
----------------
Total, VAWA programs............................. 410,000
------------------------------------------------------------------------
Within the funds appropriated, no less than $175,705,000
shall be used for general formula grants to the States. The
fiscal year 2005 funding will be used to develop and implement
effective arrest and prosecution policies to prevent, identify,
and respond to violent crimes against women, strengthen
programs addressing stalking, and provide much needed victim's
services. This includes specialized domestic violence court
advocates who obtain protection orders. In addition, programs
should be strengthened to encourage reporting of domestic
violence by providing assurances that law enforcement and
attorney support systems would be available. This funding is to
be distributed to States to significantly enhance the
availability of services, prosecutors, and law-enforcement
officials to women and children who are subjected to domestic
violence. Within the amount provided, $950,000 shall be for a
domestic violence protection unit in Alaska to enforce a zero
tolerance policy for domestic violence. Within the amounts
provided, $750,000 shall be directed for the Sexual Assault
Response Team for the Municipality of Anchorage, Alaska. Within
the amounts provided, $750,000 shall be provided for the
Victims of Justice in Alaska. Within the amounts provided,
$2,400,000 shall be directed for the Anchorage Domestic
Violence Prevention Project and $2,700,000 shall be for the
Sexual Assault/Domestic Violence Prosecution Unit for the State
of Alaska.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2004.................................... $60,200,000
Budget estimate, 2005................................... 63,813,000
Committee recommendation................................ 63,187,000
The Committee recommends an appropriation of $63,187,000.
The recommendation is $2,987,000 above the fiscal year 2004
funding level and $626,000 below the budget request.
The Committee is aware of the critical role the Office of
Inspector General [OIG] plays with oversight at the Department.
The OIG has completed a number of major reviews, including the
FBI's management of its information technology investments, the
FBI's counterterrorism program, the status of IDENT/IAFIS, the
FBI's efforts to improve the sharing of intelligence and other
information, the Hanssen espionage case, and the DEA's control
of the diversion of controlled pharmaceuticals. Currently, the
OIG has a number of ongoing reviews, including an examination
of the FBI's Legal Attache program, the FBI's DNA Laboratory,
the FBI's reprioritization efforts since September 11, 2001,
terrorism task forces, and the recent espionage case in Los
Angeles involving FBI agents and an alleged Chinese double
agent.
The Committee supports the significant role the OIG plays
at the Department and will entertain requests for additional
resources for OIG should they become necessary during the
fiscal year.
United States Parole Commission
SALARIES AND EXPENSES
Appropriations, 2004.................................... $10,498,000
Budget estimate, 2005................................... 10,650,000
Committee recommendation................................ 10,638,000
The Committee recommends an appropriation of $10,638,000.
The recommendation is $140,000 above the fiscal year 2004
funding level and $12,000 below the budget request.
The Commission is an independent body within the Department
of Justice which makes decisions regarding requests for parole
and supervision of Federal prisoners.
Legal Activities
GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2004.................................... $629,004,000
Budget estimate, 2005................................... 657,135,000
Committee recommendation................................ 623,364,000
The Committee recommends an appropriation of $623,364,000.
The recommendation is $5,640,000 below the fiscal year 2004
funding level and $33,771,000 below the budget request.
This appropriation funds the establishment of litigation
policy, conduct of litigation, and various other legal
responsibilities, through the Office of the Solicitor General,
the Tax Division, the Criminal Division, the Civil Division,
the Environmental and Natural Resources Division, the Civil
Rights Division, the Office of Legal Counsel, and Interpol.
The Committee recommendations, by Division, are displayed
in the following table:
LEGAL DIVISIONS
[In thousands of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Solicitor General......................... 8,538
Tax Division............................................ 77,444
Criminal Division....................................... 133,334
Civil Division.......................................... 192,218
Environment and Natural Resources Division.............. 85,570
Office of Legal Counsel................................. 6,023
Civil Rights Division................................... 107,994
INTERPOL USNCB.......................................... 11,906
Office of Dispute Resolution............................ 337
---------------
Total............................................. 623,364
------------------------------------------------------------------------
Office of the Solicitor General.--The Committee
recommendation provides the budget request for the Office of
the Solicitor General [OSG], including an additional $293,000
to address the OSG's increasing workloads and accomplish its
critical mission of representing the interests of the United
States in the Supreme Court.
National Security Initiatives.--The Committee
recommendation includes additional funding for all requested
national security initiatives within the divisions, including
$1,167,000 for the Criminal Division for litigation related to
counterterrorism, terrorist financing, and alien smuggling;
$856,000 for the Civil Division for counterterrorism
litigation; and $594,000 for the Environment and Natural
Resources Division's Hazardous Material Initiative.
Immigration Litigation.--Enhanced enforcement for existing
and new laws affecting aliens, as well as the streamlining of
Board of Immigration Appeal cases, have resulted in an
unprecedented workload for the Office of Immigration
Litigation. Therefore, the Committee recommendation includes an
additional $3,500,000 to address this increasing caseload.
Tribal Trust Fund Litigation.--The Committee includes an
additional $7,004,000 for the tribal trust fund litigation.
Interpol.--The Committee is impressed by the significant
network the United States National Central Bureau [USNCB] has
developed within the United States. To support that network,
the Committee recommendation includes an additional $98,000 to
automate domestic law enforcement's connection to USNCB's
databases. The Committee also directs the Department of Justice
to submit a report to the Committee on Appropriations not later
than April 10, 2005, on proposals to leverage USNCB's network
as a means to effectively share national security related
information with State and local law enforcement agencies.
Office of Legal Counsel.--The Committee recommendation
provides the budget request for the Office of Legal Counsel,
including an additional $165,000 to conduct legal reviews and
update a series of national emergency materials that are
critically important in the event of a nationwide catastrophe
or national security emergency.
The Committee recommendation includes bill language to
transfer $106,000 to the Department of State for the Capital
Security Cost Sharing Initiative to provide for safe and secure
facilities for overseas.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
Appropriations, 2004.................................... $3,985,000
Budget estimate, 2005................................... 6,333,000
Committee recommendation................................ 6,333,000
The Committee recommends a reimbursement of $6,333,000 for
legal costs. The recommendation is $2,348,000 above the fiscal
year 2004 funding level and identical to the budget request.
This account covers Justice Department expenses associated
with litigating cases under the National Childhood Vaccine
Injury Act of 1986.
Antitrust Division
SALARIES AND EXPENSES
Appropriations, 2004.................................... $132,911,000
Budget estimate, 2005................................... 136,463,000
Committee recommendation................................ 138,763,000
The Committee recommendation assumes a total of
$138,763,000 in budget (obligational) authority. The
recommendation is $5,852,000 above the fiscal year 2004 funding
level and $2,300,000 above the budget request.
The Antitrust Division investigates potential violations of
Federal antitrust laws, represents the interests of the United
States in cases brought under these laws, acts on antitrust
cases before the Supreme Court, and reviews decisions of
regulatory commissions relating to antitrust law.
The Committee recommendation includes an additional
$2,300,000 to ensure the Division has the necessary resources
to meet its mission of vigorously enforcing our Nation's
antitrust laws.
United States Attorneys
To ensure that limited Federal drug law enforcement
resources are applied effectively, the Committee recommendation
transfers the funding and management of the Interagency Drug
Enforcement [IDE] program to the U.S. Attorneys [USA]. The IDE
Executive Assistant Director shall report to the Director of
the Executive Office of U.S. Attorneys [EOUSA], and shall be at
the same level in the organizational structure as the Deputy
Directors of EOUSA.
Total funding for U.S. Attorneys is $1,827,563,000,
including $1,532,154,000 for Salaries and Expenses and
$295,409,000 for IDE.
SALARIES AND EXPENSES
Appropriations, 2004.................................... $1,510,193,000
Budget estimate, 2005................................... 1,547,519,000
Committee recommendation................................ 1,532,154,000
The Committee recommends an appropriation of
$1,532,154,000. The recommendation is $21,961,000 above the
fiscal year 2004 funding level, $15,365,000 below the budget
request, and includes the proposed administration salary
increases.
This account supports the Executive Office for U.S.
Attorneys and the 94 U.S. Attorneys offices throughout the
United States and its territories. The U.S. Attorneys serve as
the principal litigators for the U.S. Government for criminal
and civil matters. As in the past, Committee recommendation
focuses the efforts of the U.S. Attorneys on those crimes where
the unique resources, expertise, or jurisdiction of the Federal
Government can, or must, be most effective.
Terrorism Prevention and Criminal Prosecutions.--To balance
the influx of counterterrorism cases and referrals from law
enforcement agencies, the Committee recommendation includes an
additional $5,762,000 for terrorism prevention and criminal
prosecutions.
Project Seahawk.--The Committee recommendation includes
$5,000,000 for the continuation of Project Seahawk, a pilot
project to enhance intermodal security and law enforcement
within our Nation's coastal cities. The pilot will provide a
national model for cities that experience heavy volumes of
intermodal traffic by establishing a streamlined process to
address criminal activity that may compromise or impede the
movement of intermodal traffic within the U.S. Project Seahawk
shall continue to be coordinated under the U.S. Attorneys and
include Federal, State, and local law enforcement.
Legal Education.--The Committee recommendation provides
$18,266,000 for legal education and distance learning at the
National Advocacy Center [NAC] as requested by the
Administration. NAC State and local training funds are provided
under the Office of Justice Programs.
Violent Crime Task Forces.--The Committee recommendation
includes $1,500,000 to continue and expand task force
activities associated with Operation Streetsweeper.
Cybercrime and Intellectual Property Enforcement.--The
Committee recommendation includes $10,000,000 within available
resources for the continued pursuit of Federal copyright law
violations and software counterfeiting crimes, subject to
Section 605 of this Act. EOUSA shall report to the Committee on
Appropriations not later than April 30, 2005, on the number,
type, and location of copyright prosecutions undertaken in the
preceding year.
Visa and Passport Fraud.--The Committee is concerned that
USA offices are failing to prosecute, or are slow to prosecute,
cases of passport and visa fraud referred by the Department of
State. It is critical that USA offices make visa and passport
fraud cases a high priority because these particular types of
fraud are usually part of a larger crime, such as terrorism;
trafficking in women, children, and narcotics; and child
molestation and abductions. EOUSA is therefore directed to
report to the Committee, no later than May 1, 2005, on the
number of visa and passport fraud cases that are referred to
and prosecuted by USA offices. For each referral, the report
shall include the date on which the case was referred, the
status of the case, and a justification for any referrals not
pursued for prosecution.
INTERAGENCY DRUG ENFORCEMENT
Appropriations, 2004.................................... $550,609,000
Budget estimate, 2005................................... 580,632,000
Committee recommendation................................ 295,409,000
The Committee recommends an appropriation of $295,409,000.
The recommendation is $255,200,000 below the fiscal year 2004
funding level and $285,223,000 below the budget request.
The Interagency Drug Enforcement Program, through its 9
regional task forces, utilizes the combined resources and
expertise of its 11 member Federal agencies, in cooperation
with State and local investigators and prosecutors, to target
and disband major narcotics trafficking and money laundering
organizations.
Last year, the Committee expressly stated that funding
would not be provided for non-Justice agencies in subsequent
years under this account. Even so, the budget submission for
fiscal year 2005 again requested funding for non-Justice
agencies. While the Committee is aware of the significant role
these agencies play with this effort, the Committee does not
have the resources necessary to support other agencies.
Accordingly, the recommendation provides funding, equal to that
provided last year, for Justice agencies for their
participation with the Organized Crime and Drug Enforcement
Task Forces [OCDETF]. However, funding previously provided
under this account for FBI's participation in OCDETF has been
transferred to the FBI to expand and enhance the FBI's Joint
Terrorism Task Forces, which are a critical component of the
bureau's counterterrorism mission and the Nation's ability to
detect and prevent terrorist acts.
The Committee recommendations, by agency, are displayed in
the following table:
INTERAGENCY DRUG ENFORCEMENT
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Investigations:
Alcohol, Tobacco, Firearms and Explosives........... 11,363
Drug Enforcement Administration..................... 172,971
United States Marshals Service...................... 2,125
---------------
Subtotal, investigations.......................... 186,459
===============
Prosecutions:
Criminal Division................................... 2,688
Tax Division........................................ 984
United States Attorneys............................. 99,557
---------------
Subtotal, prosecutions............................ 103,229
===============
Administrative Support:
Executive Office.................................... 5,721
===============
Total, Interagency Drug Enforcement............... 295,409
------------------------------------------------------------------------
The Committee expects to be consulted prior to any
deviation from the above plan.
UNITED STATES TRUSTEE SYSTEM FUND
Appropriations, 2004.................................... $166,157,000
Budget estimate, 2005................................... 174,355,000
Committee recommendation................................ 174,355,000
The Committee recommends a total of $174,355,000 in budget
authority. The recommendation is $8,198,000 above the fiscal
year 2004 funding level and identical to the budget request.
The U.S. Trustee system provides administrative support to
expeditiously move bankruptcy cases through the bankruptcy
process and ensures accountability of private trustees
appointed to administer bankruptcy estates.
The Committee recommendation includes not less than
$750,000 for the Bankruptcy Training Center at the National
Advocacy Center, in support of the Trustees' continuing
education program.
The Committee recommendation also includes $2,000,000 for
information technology [IT] infrastructure improvements, such
as enhancements to IT security, bandwidth, and the Automated
Case Management System. To ensure these improvements are
consistent with the Department's overall IT approach and
architecture, the Committee directs the U.S. Trustee to consult
with the Office of the Chief Information Officer prior to the
obligation of any of these funds.
FOREIGN CLAIMS SETTLEMENT COMMISSION
Appropriations, 2004.................................... $1,193,000
Budget estimate, 2005................................... 1,220,000
Committee recommendation................................ 1,220,000
The Committee recommends an appropriation of $1,220,000.
The recommendation is $27,000 above the fiscal year 2004
funding level, identical to the budget request, and fully
provides for the adjudication of claims against: Germany
relating to World War II; Cuba relating to the Castro regime;
and Iraq relating to the U.S.S. Stark incident and Desert
Shield/Storm.
The Foreign Claims Settlement Commission settles claims of
American citizens arising from nationalization, expropriation,
or other takings of their properties and interests by foreign
governments.
FEES AND EXPENSES OF WITNESSES
Appropriations, 2004.................................... $156,145,000
Budget estimate, 2005................................... 177,585,000
Committee recommendation................................ 177,585,000
The Committee recommends an appropriation of $177,585,000.
The recommendation is $21,440,000 above the fiscal year 2004
funding level and identical to the budget request.
This account provides for fees and expenses of witnesses
who appear on behalf of the Government in cases in which the
United States is a party, including fact and expert witnesses.
These funds are also used for mental competency examinations as
well as witness and informant protection.
COMMUNITY RELATIONS SERVICE
Appropriations, 2004.................................... $9,426,000
Budget estimate, 2005................................... 9,833,000
Committee recommendation................................ 9,494,000
The Committee recommends an appropriation of $9,494,000.
The recommendation is $68,000 above the fiscal year 2004
funding level and $339,000 below the budget request.
The Community Relations Service provides assistance to
communities and persons in the prevention and resolution of
disagreements relating to perceived discriminatory practices.
ASSETS FORFEITURE FUND
Appropriations, 2004.................................... $21,530,000
Budget estimate, 2005................................... 21,759,000
Committee recommendation................................ 21,759,000
The Committee recommends an appropriation of $21,759,000.
The recommendation is $229,000 above the fiscal year 2004
funding level and identical to the budget request.
This account provides funds to supplement existing
resources to cover additional investigative expenses of the
Federal Bureau of Investigation, Drug Enforcement
Administration, and U.S. Marshals Service, such as awards for
information, purchase of evidence, equipping of conveyances,
and investigative expenses leading to seizure. Funds for these
activities are provided from receipts deposited in the assets
forfeiture fund resulting from the forfeiture of assets.
Expenses related to the management and disposal of assets are
also provided from the assets forfeiture fund by a permanent
indefinite appropriation.
United States Marshals Service
SALARIES AND EXPENSES/CONSTRUCTION
Appropriations, 2004.................................... $726,121,000
Budget estimate, 2005................................... 743,441,000
Committee recommendation................................ 744,725,000
The Committee recommends an appropriation of $744,725,000.
The recommendation is $18,604,000 above the fiscal year 2004
funding level and $1,284,000 above the budget request.
The core missions of the U.S. Marshals Service [USMS]
include the apprehension of fugitives, protection of the
Federal judiciary, protection of witnesses, execution of
warrants and court orders, and the custody and transportation
of accused and unsentenced prisoners.
The Committee recommendation does not support the Marshal's
proposal to collapse its current decision units. Based on the
details provided herein, the Committee directs the USMS to
provide a spend plan by prior year decision units to the
Committees on Appropriations not later than 30 days after
enactment of this Act.
The Committee notes that in previous years, funding
allocated for specific activities has not been released in a
timely fashion preventing operational units from initiating
action before the end of the fiscal year. The USMS is strongly
encouraged to expedite the release of these appropriated funds
to ensure that the funds can be used for their intended
purposes.
Courthouse Security Equipment.--This subaccount funds
security equipment, telephone systems, and cabling. The
Committee recommendation provides $13,130,000 for courthouse
security equipment and $4,189,000 for 36 existing and 2 new
positions for the Central Courthouse Management Group [CCMG].
Each year hereafter, not less than this level of funding shall
recur for USMS courthouse security equipment and CCMG
positions. The USMS shall submit a list of projects for such
funding to the Committees on Appropriations not later than 30
days after the enactment of this Act.
The funding provided will outfit courthouses in the
following locations:
USMS COURTHOUSE SECURITY EQUIPMENT
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Detainee Facilities:
Grand Junction, CO.................................. 20
Springfield, IL..................................... 320
Fort Worth, TX...................................... 185
Fort Wayne, IN...................................... 75
Raleigh, NC......................................... 125
Victoria, TX........................................ 260
Fort Smith, AR...................................... 350
Bangor, ME.......................................... 450
Kalamazoo, MI....................................... 300
Newport News, VA.................................... 25
Montgomery, AL...................................... 200
Newark, NJ.......................................... 250
Roswell, NM......................................... 25
Prescott, AZ........................................ 100
Greensboro, NC...................................... 35
Davenport, IA....................................... 75
Evansville, IN...................................... 75
---------------
Subtotal, detainee facilities..................... 2,870
===============
Minor Repairs........................................... 687
Security Equipment Maintenance.......................... 4,800
Security Engineering Services........................... 700
Safety Program.......................................... 3,100
Information Security, Personnel, Equipment, and Related 806
Costs (Physical).......................................
2006 National Security Survey........................... 167
---------------
Total, USMS Security Equipment.................... 13,130
------------------------------------------------------------------------
The Committee expects to be consulted prior to any
deviation from the above plan.
Fugitive Apprehensions.--The Committee has long supported
the exceptional fugitive apprehension efforts of the USMS. For
years, the Committee has provided increases in non-personnel
expenses for those efforts, with the expectation that the USMS
would match those increases with the necessary personnel to
meet this mission. USMS, however, has repeatedly fought
providing full base resources, the appropriated increases, and
the necessary personnel for these programs. To prevent USMS
from ignoring congressional intent again, this year the
Committee recommendation provides full funding, including base
resources and personnel expenses, for the fugitive apprehension
programs as discussed in detail below.
Regional Fugitive Task Forces.--Over the past few years,
the Committee has established and funded regional task forces
in New York City, Los Angeles, Chicago, and Atlanta. Last year,
the Committee established a fifth regional task force in the
Washington, DC metropolitan area. These task forces shall be
dedicated full-time to the pursuit of the most dangerous
fugitives and operated as regional task forces administered by
headquarters. The Committee recommendation includes $22,918,000
for the following: (1) $8,300,000 for base funding for the five
existing task forces; (2) $4,674,000 for base funding to fully
annualize the 36 existing task force personnel; (3) $5,664,000
and 41 positions for criminal investigators and support
personnel to fully staff the five existing task forces; and (4)
$4,280,000 and 16 positions for salary, vehicles and equipment
costs to create an additional task force. A total of $2,000,000
of this increase shall be available for equipment, supplies and
contracts for the new task force and in support of district
task forces.
Of this amount, $4,320,000 was requested under the
Interagency Crime and Drug Enforcement account to increase the
USMS participation in the Organized Crime and Drug Enforcement
Task Forces [OCDETF]. The Committee, however, believes this
funding would be better spent on a new regional task force
which can work OCDETF as well as other fugitive apprehension
cases, and therefore provides that increase herein.
Technical Operations Group.--The Technical Operations Group
[TOG] provides surveillance, tracking and communications
support necessary for the regional and district fugitive task
forces to meet their missions. The Committee recommendation
includes $19,210,000 for TOG, including base resources for 53
positions, six new positions to support the new task forces,
and training and equipment, including funding for surveillance
vans and light aircraft, bucket trucks, a central signal
collection system, secure communications equipment, various
tracking systems, and night vision equipment. The Committee
notes that two additional ESU positions are funded through the
regional fugitive task forces.
International Fugitives.--The Committee recommendation
includes $7,762,000 for the international fugitive program,
which includes base resources for six positions as well as non-
personnel expenses to support the three existing offices in the
Dominican Republic, Jamaica, and Mexico, funding for two new
positions and non-personnel expenses to address the growing
caseload in Mexico, and four new positions and non-personnel
costs associated with opening one new foreign office in the
country with the greatest need.
Analytical Support Unit.--The Committee recommendation
includes $4,000,000 (excluding a $500,000 transfer from the
Justice Detainee Information System) to improve and maintain
the Warrant Information Network and to continue subscriptions
to various government and private networks and on-line
services. The Committee recommendation also includes an
additional $449,000 for six positions for the analytical
support unit to focus on analysis related to fugitive
apprehensions.
Special Operations Group.--The Committee recommendation
includes $3,756,000 for the Special Operations Group, including
$2,835,000 in base resources, and an additional $1,000,000 for
position upgrades, equipment, and training.
Base Resources.--To ensure that critical accounts are not
diverted, the Committee recommendation directs the USMS to
provide the following base resources: $150,000 for travel,
supplies, contract services, and equipment for domestic
investigations; $150,000 for contract services for special
deputations; $50,000 for travel, supplies, contract support,
training, and equipment for international investigations;
$159,000 for travel, supplies, and equipment for Interpol in
Lyon, France, and Washington, DC; $2,600,000 for support of the
extradition program; $500,000 for general support, the 15 Most
Wanted, and major cases programs; and $550,000 to establish a
sufficient base for non-drug confidential source payments.
Vehicles.--To ensure the USMS properly manages its fleet,
the Committee recommendation includes $15,379,000 in base
resources for vehicle purchases. This shall be treated as a
permanent increase to the base. None of these vehicles are to
be assigned to headquarters.
Witness Security Program.--The Committee recommendation
includes $1,922,000 to provide additional investigators to
handle the increasing complexity and volume of protection
services for witness and their families.
Information Technology.--The Committee recommendation
includes $1,478,000 for information technology [IT] upgrades,
including $478,000 for information technology security, and
$1,000,000 for the highest priority technology needs. The
Committee directs USMS to submit a report to the Committees on
Appropriations not later than March 1, 2005, on IT needs
throughout USMS and a plan to address those needs, including
funding requirements.
Hazardous Response Unit.--The Committee is aware that after
September 11, 2001, the USMS determined a need for and
activated, staffed, equipped, and trained a new unit, the
Hazardous Response Unit [HRU]. However, the Committee has not
received any requests for increases in funding to sustain this
unit. Rather, the Committee believes resources have been
diverted from core missions of the USMS to initiate a patch
work approach to this new program activity. Under this model,
HRU will not have sufficient resources to be fully operational
and USMS programs will suffer. Until the USMS submits a plan to
authorize and appropriate significant new funding for this
activity, the Committee recommends the USMS establish a single,
national Hazardous Response Coordinator to serve as a liaison
to the many other Federal, State, and local HRU units already
performing these functions throughout the country. This will
allow for all other personnel currently dedicated to this
activity to return to the critical core missions of the USMS.
High Threat Events.--The Committee supports the use of
existing resources to meet the needs of high threat events,
subject to Section 605 of this Act.
Construction.--This subaccount includes $10,096,000 for
construction, relocations, and furniture at existing
courthouses. Each year hereafter, not less than this level of
funding shall recur for USMS construction and the USMS shall
submit a list of projects for such funding to the Committees on
Appropriations not later than 30 days after the date of
enactment of this Act.
The Committee is aware that a national survey of Federal
courthouses revealed that 95 percent of prisoner holding and
transit facilities have serious security deficiencies. Of 392
courthouses surveyed: 84 percent lack enough courtroom holding
cells; 78 percent do not have secure prison elevators; 74
percent do not have enclosed sallyports; 72 percent lack enough
interview rooms; 57 percent do not have adequate cellblock
space; and 38 percent lack cameras, monitors, and alarms.
The Committee is intent on remedying courthouse
deficiencies overlooked by USMS for years before a tragedy
occurs. The Committee recommendations, by project, are
displayed in the following table:
USMS CONSTRUCTION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Construction:
Grand Junction, CO.................................. 420
Springfield, IL..................................... 630
Fort Worth, TX...................................... 1,200
Fort Wayne, IN...................................... 150
Raleigh, NC......................................... 505
Sioux Falls, SD..................................... 400
Victoria, TX........................................ 10
Bangor, ME.......................................... 880
Kalamazoo, MI....................................... 300
Newport News, VA.................................... 10
Montgomery, AL...................................... 30
Newark, NJ.......................................... 400
Roswell, NM......................................... 400
Santa Fe, NM........................................ 600
Greensboro, NC...................................... 535
Evansville, IN...................................... 500
Lynchburg, VA....................................... 10
Eugene, OR.......................................... 25
Springfield, MA..................................... 410
Los Angeles, CA [ESU]............................... 392
Miami, FL........................................... 50
Washington, DC...................................... 50
Manhattan, NY....................................... 250
Chicago, IL [ESU]................................... 452
---------------
Subtotal, construction............................ 8,609
===============
Minor repairs........................................... 531
Security specialist consultants/construction engineers.. 956
---------------
Total, USMS Construction.......................... 10,096
------------------------------------------------------------------------
The Committee considers this an important step in reducing
the backlog of critical security-related projects. As with
courthouse security equipment, the Committee expects to be
consulted prior to any deviation from the above plan.
Federal Bureau of Investigation
SALARIES AND EXPENSES/CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2004.................................... $4,518,743,000
Budget estimate, 2005................................... 5,058,921,000
Committee recommendation................................ 4,990,728,000
The Committee recommends an appropriation of
$4,990,728,000. Combined with funding provided under the
``Foreign Terrorist Tracking Task Force/Terrorist Threat
Integration Center/Terrorist Screening Center'' account, the
recommendation is $520,799,000 above the fiscal year 2004
funding level and $3,723,000 below the budget request.
The 9/11 Commission Report provides a comprehensive review
of the Federal Bureau of Investigation [FBI] along with a
number of recommendations to improve the FBI's intelligence and
counterterrorism operations. The Committee has long been aware
of and attempted to address many of the issues raised in the 9/
11 Report.
This year, the Committee recommendation includes
significant funding increases for the FBI's intelligence and
counterterrorism programs; breaks out funding from FBI's
salaries and expenses account for separate fusion centers,
including the Terrorist Threat Integration Center [TTIC], the
Foreign Terrorist Tracking Task Force [FTTTF], and the
Terrorist Screening Center [TSC], which the 9/11 Commission
Report recommends become part of the National Counterterrorism
Center [NCTC]; and grows the Joint Terrorism Task Forces [JTTF]
which take the lead in coordinating intelligence and
counterterrorism information with headquarters and other
Federal, State, and local law enforcement agencies. Also
consistent with the 9/11 Commission Report, the Committee has
repeatedly supported efforts by the FBI to centralize its
intelligence, counterterrorism and counterintelligence programs
at headquarters.
In addition, the Committee is aware that the 9/11
Commission recommends the FBI align its budget structure with
its four main programs--intelligence, counterterrorism and
counterintelligence, criminal, and criminal justice services--
to improve transparency on program costs, management of
resources, and protection of the intelligence program. As the
Committee is not yet aware of the full impact this change could
have on the FBI, the Committee wants to review the proposal
further. Therefore, based on the details provided herein, the
Committee directs the FBI to provide a spend plan by prior year
and proposed decision units to the Committees on Appropriations
not later than 30 days after enactment of this Act.
Workforce Allocation.--Last year, the Committee
recommendation directed the FBI to realign its resources to
properly reflect the FBI's priority mission of
counterterrorism. The Director's priorities clearly state that
protecting America from terrorist attacks is the Bureau's
highest priority. However, FBI's permanent assignment of agents
does not seem to reflect this agency priority. For example, the
Counterterrorism Division's [CTD] caseload exceeds CTD's
workforce. Rather than transferring the permanent personnel and
resources to CTD, the FBI has temporarily assigned personnel
from other divisions, with the apparent expectation that those
personnel would return to their originating divisions when the
CTD work subsided or when the FBI received enough increases in
funding to support its counterterrorism workload as well as
that of its secondary missions. For 2 years following the
September 11, 2001 terrorist attacks, the FBI temporarily
assigned between 433 and 5,362 agents to CTD. Even with the
significant enhancements provided to the FBI, the FBI still
projects the need to temporarily assign 522 agents from other
divisions to CTD in fiscal year 2004. The Committee has long
believed that, first and foremost, the FBI should provide all
necessary resources to its number one priority mission--
counterterrorism--and should permanently assign the necessary
personnel to CTD to meet that mission. The Committee again
directs the FBI to permanently transfer the necessary personnel
to CTD to meet its counterterrorism workload.
The Committee supports, however, the FBI's proposal this
year to eliminate 2 lower-priority missions that fall within
the jurisdiction of other agencies, enabling the Bureau to
request additional enhancements for counterterrorism. While the
Committee believes redirecting resources would be more
effective than eliminating existing positions to create new
ones (similar to the FBI's practice of cutting base programs
only to request those cuts again as program increases), the
Committee adopts the proposal. In addition, the Committee
directs the FBI to submit a report to the Committees on
Appropriations not later than March 30, 2005, listing missions
of the FBI that fall within the jurisdiction of other Federal,
State, and local law enforcement agencies, particularly those
within DOJ, such as drugs, guns, explosives, gangs, and
fugitives.
While supporting the significant and fundamental changes
made within the FBI since September 11, 2001, the 9/11
Commission Report also raises concern about the FBI's ability
to institutionally shift its focus to counterterrorism. The 9/
11 Commission Report states, ``[d]espite having found
acceptance of the Director's clear message that
counterterrorism is now the FBI's top priority, 2 years after
9/11 we also found gaps between some of the announced reforms
and the reality in the field. We are concerned that management
in the field offices still can allocate people and resources to
local concerns that diverge from the national security mission.
This system could revert to a focus on lower-priority criminal
justice cases over national security requirements.''. The
Committee shares this concern and directs the FBI to submit a
plan to the Committees on Appropriations, not later than March
20, 2005, that ensures FBI's national priorities match the
priorities and operations in all of the FBI's field offices and
resident agencies.
Intelligence, Counterterrorism and Supporting Program
Increases.--The Committee recommendation includes
$1,756,109,000 for the FBI's intelligence, counterterrorism and
supporting programs, which is $503,468,000 above the fiscal
year 2004 funding level and $134,788,000 above the budget
request. Funding supports $125,336,000 for all requested
mandatory increases as adjusted by the FBI, and $378,132,000
for program increases, including $64,470,000 under a separate
heading for the relocation of a portion of the Counterterrorism
Division to the Terrorist Threat Integration Center and for the
Terrorist Screening Center. Program increases include the
following:
INTELLIGENCE, COUNTERTERRORISM AND SUPPORTING PROGRAM INCREASES
[In thousands of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Joint Terrorism Task Forces............................. 134,788
Office of Intelligence.................................. 13,400
CT Headquarters Program Support......................... 13,023
Computer Intrusion Program & Cyber Intelligence......... 24,683
Special Technologies & Application Section.............. 27,249
Security Improvements................................... 18,822
CT Field Investigations................................. 38,131
Language Services....................................... 12,838
TS/SCI LAN Field........................................ 12,000
Electronic Surveillance Data Management System.......... 3,500
Tactical Operations Support Center...................... 2,000
Telecommunications Interception Collection Technology 1,500
Unit...................................................
CT Construction......................................... 5,893
Replacement Vehicles.................................... 5,835
---------------
Subtotal.......................................... 313,662
------------------------------------------------------------------------
The Committee understands these program increases will not
only support counterterrorism but also counterintelligence and
other priority missions at the FBI.
Office of Intelligence.--The Committee commends the FBI for
its efforts to enhance its intelligence processes, including
creating the Office of Intelligence, separating that office
from the Counterterrorism Division, and providing an Executive
Assistant Director for Intelligence to oversee the office and
institutionalize intelligence processes throughout the FBI. The
Committee provides $13,400,000 for the Office of Intelligence
and directs the FBI to transfer existing resources to the
office should additional resources be necessary, subject to
section 605 of this Act.
Joint Terrorism Task Forces.--The Committee recommendation
includes $159,988,000 for the Joint Terrorism Task Forces
[JTTF], including $25,200,000 in base resources and an increase
of $134,788,000 to establish 12 new JTTFs, as well as expand
and provide the necessary training, equipment, and
infrastructure to meet the day-to-day needs of the existing
task forces. This funding previously supported FBI's
participation in the Organized Crime and Drug Enforcement Task
Force [OCDETF] and has been redirected to support FBI's top
priority mission of counterterrorism.
Cyber Investigations.--Of the increases provided for the
counterterrorism program, $51,932,000 supports cyber
investigations. Of that amount, $27,249,000 is for the
Strategic Technologies & Application Section [STAS] to reduce
the current backlog for technical analysis, sustain the
expected level of effort required to handle the growing
workload, respond to major cases and tasks, and stand up
research and development capabilities to ensure the section can
sustain its technical analysis capabilities in light of the
rapidly evolving IT environment; and $24,683,000 is for the
Computer Intrusion Program and Cyber Intelligence to
aggressively pursue computer intrusion matters and enable the
FBI to develop a Cyber Intelligence and Action Program,
including an Analysis Group to conduct a broad analysis of
intelligence and investigative data.
In addition, the recommendation provides an increase of
$3,000,000 for the Innocent Images National Initiative [IINI]
to expand field training programs, strengthen interagency
partnerships with law enforcement partners, and provide
increased operational support to the field. IINI is an
intelligence-driven, proactive, multi-agency investigative
initiative to combat the proliferation of child pornography/
child sexual exploitation facilitated by an online computer.
The IINI provides centralized coordination and analysis of case
information that by its very nature is national and
international in scope, requiring unprecedented coordination
throughout the FBI, as well as with State, local, and
international governments.
To enhance IINI's efforts, the Committee directs the FBI to
consider emerging technologies that may help prevent and
prosecute crimes against children and child exploitation
through the internet, such as software to troll online venues
and record evidentiary materials.
Terrorist Financing.--The 9/11 Commission Report indicated
the funding sources for the 9/11 terrorist attacks remains
largely unknown. The Committee recognizes that the Terrorism
Financing Operations Section [TFOS] is a critical component of
the FBI's counterterrorism program. TFOS tracks financial
transactions and exploits financial information to identify
terrorist cells, predict terrorist planning, and prevent
potential terrorist acts. The Committee is aware of available
software that seeks to track financial data streams and, in
real time, may automatically notify analysts when designated
transactions occur in the financial accounts of suspected
terrorists. The FBI is directed to evaluate such software and
report back to the Committee on its findings.
Language Services.--Language translation is a critical
component for the FBI's intelligence counterterrorism and
counterintelligence programs. As such, the Committee has
provided an additional $12,838,000 for the language translation
program.
The Committee is aware of recent allegations of substandard
wiretap translations as well as compromised information in the
FBI's language translation program, either of which would have
a detrimental impact on the FBI's counterterrorism and
counterintelligence programs as well as national security in
general. Therefore, the Committee directs the FBI to submit a
report, no later than April 15, 2005, outlining policies within
the program that ensure such translations are of the highest
quality and that classified information remains secure.
Legal Attache Offices.--The Committee is aware of the
important role of the FBI's Legal Attache [Legat] offices,
particularly with receiving and pursuing investigative leads in
support of the war on terrorism. The Committee supports
redirecting existing resources within the Legat program to
create new offices that better meet the FBI's priority
missions, subject to Section 605 of this Act.
Counterintelligence Program.--The United States is facing
more complex threats to its people, information, and technology
than ever before. Traditional notions of counterintelligence
that focus on hostile intelligence services and theft of highly
classified national defense information do not begin to cover
the full range of threats that confront our most critical
national interests. The United States is facing a growing
challenge from non-traditional threats, including non-state
actors, and there is a host of new sophisticated technologies
and tools being deployed against the United States. In reponse,
the FBI has centralized and strengthened its
counterintelligence program. Centralization will ensure that
the FBI has clear strategic objectives and is engaged in a
cooperative and collaborative effort with other members of the
Intelligence Community. The Committee has provided a number of
increases that support the Counterintelligence Program,
including funding for the Office of Intelligence, language
services, TS/SCI LAN, and replacement vehicles. The Committee
supports additional funding for this critical program and
recommends the redirection of available resources from lower
priority missions for that purpose, subject to Section 605 of
this Act.
Technology Investments.--The Committee is aware that the
FBI is in the process of creating an Office of the Chief
Information Officer [CIO] to restructure, expand, and
ultimately improve the information technology [IT] organization
within the FBI. The recommendation includes $30,000,000 within
available resources to establish four new offices: (1) Office
of Policy and Planning; (2) Office of Program Management; (3)
Office of Systems development; and (4) Office of IT Operations,
including funding for space, equipment, personnel, and related
requirements, subject to Section 605 of this Act.
Within the resources provided, the Committee expects the
Office of the CIO to support the Aurora effort, including the
development of an enterprise architecture and a system
integration and testing process that insures individual
projects blend into a unified and functioning whole. While the
Committee recognizes the CIO has already made improvements to
FBI's IT management and programs, the Committee does not want
to repeat past mistakes. Therefore, the Committee directs the
Government Accountability Office [GAO] to review the bureau's
management of its enterprise architecture effort, including its
use of effective contractual controls and its approach to
contractor tracking and oversight. In addition, the Committee
directs GAO to review whether FBI's approach to developing its
enterprise architecture is consistent with established best
practices.
Trilogy.--The FBI's technology modernization program,
Trilogy, including the Virtual Case File [VCF], has suffered a
series of set backs since its inception. Trilogy has been
plagued by cost growth, scheduling delays, management turnover
and changes, and slow technical progress. Program costs are
currently $224,100,000 or 59 percent over the original cost
estimate of $379,800,000 and are expected to rise. Full Site
Capability, completion of the hardware side of Trilogy, was
delayed 6 months (21 months from the accelerated schedule) at a
cost of $22,900,000. Requirements and a schedule for VCF, the
software side of Trilogy, are still being defined even though
the original completion date was June 2004 and the accelerated
completion date was January 2004.
The Committee recognizes that the FBI Director and the
FBI's recently appointed CIO have made significant improvements
since December 2003. FBI now has a clear line of command and
accountability within program management. That management has
frozen program requirements and, perhaps most significantly,
has finally agreed to move from a ``flash cutover'' conversion,
in which VCF would be rolled out to all users simultaneously,
to an incremental deployment, which allows for a gradual and
therefore smarter transition from the FBI's existing Automated
Case Support [ACS] system.
Understanding the critical role Trilogy has and will play
within FBI's operations, the Committee has provided over
$581,000,000 for the program over the past several years. To
ensure discipline in the program, the Committee has recommended
bill language establishing a total program cost cap at
$600,000,000, which should be more than sufficient to complete
deployment of the system. The Committee directs the FBI to
continue providing quarterly briefings and reports on Trilogy
to the Committees on Appropriations.
FBI DNA Laboratory.--A May 2004, Department of Justice
Inspector General [IG] Report entitled ``The FBI DNA
Laboratory: A Review of Protocol and Practice
Vulnerabilities,'' found deficiencies in procedures at the
FBI's DNA laboratory that could result in intentional or
inadvertently compromised test results. The review followed the
FBI's discovery 2 years ago that a lab biologist failed to
create control samples, invalidating her DNA casework. The
Report concluded that the work of lab staff members is not
subjected to sufficient scrutiny by superiors and recommended
training and management changes. The Committee directs the FBI
to submit a follow-up report to the Committees on
Appropriations detailing steps taken to meet the IG
recommendations, including changes to training, management, and
policies within the lab.
Criminal Justice Information Services Division.--The
Committee recommendation includes $379,952,000, including fee
collections, for the Criminal Justice Information Services
Division [CJIS]. The Committee does not adopt the FBI's
proposal to reduce CJIS IT system maintenance budgets by
$3,000,000.
In December 2001, the FBI developed a technology
refreshment plan for all CJIS systems to upgrade system
architecture to ensure that the system does not become
antiquated. The improvements include updating hardware and
software systems that are approaching obsolescence. As in
previous years, under no circumstances is the FBI to divert
funding collected through the CJIS user fee for any purpose
other than CJIS, its refreshment plan, or a subsequent
modernization plan for the current facility.
Automated Biometric Identification System/Integrated
Automated Fingerprint Identification System.--The Committee
recommendation includes an additional $16,000,000 to support
the integration of the Department of Homeland Security's [DHS]
Automated Biometric Identification System [IDENT] and the FBI's
Integrated Automated Fingerprint Identification System [IAFIS].
DHS is scheduled to deploy versions of IDENT/IAFIS at 477
Border Patrol Station and Inspection Port of Entry sites.
Funding would upgrade, expand, and integrate IDENT/IAFIS system
requirements and provide additional staffing to process the
more than 20,000 transactions-per-day anticipated from the
additional workload. The Committee believes IDENT/IAFIS should
be a top priority for the Department of Justice, as discussed
in a separate part of this recommendation, and directs the
Department to submit a report to the Committees on
Appropriations not later than April 5, 2005, on the existing
capacity of IAFIS, the expected impact US VISIT may have on the
system, and any additional costs necessary to increase IAFIS's
capacity to meet that impact.
User Fee.--The Committee does not adopt the administration
budget proposal to charge State and local law enforcement a fee
for forensic analysis, training, and crime scene support, and
is disappointed that the administration proposed to offset
funding increases by increasing the funding burden on State and
local law enforcement.
Intellectual Property Rights.--Industrial espionage, by
both erstwhile friends and obvious foes, has become the growth
industry in the counterintelligence world. The struggle for
domination among major powers is now played out in largely
economic terms. Ideas and innovation are the sinews of national
strength. Within available resources, $5,000,000 shall be
available to combat industrial espionage and other threats to
the intellectual property rights of manufacturers and
researchers in the United States, subject to Section 605 of
this Act.
Records Management.--The Committee is aware of the October
2002 site assessment that has been conducted for a proposed FBI
Central Records Complex [CRC]. However, the Committee notes
that the site-assessment report does not make a formal
recommendation on the most appropriate location for the CRC,
nor does it provide adequate information to determine the most
suitable site for such a facility, particularly with regard to
cost. Therefore, the Committee directs the FBI to undertake a
comprehensive site-selection process to evaluate locations for
a central records facility in low-cost regions within the Mid-
Atlantic area. In conducting its assessment, the Department is
instructed to take into special account existing FBI facilities
on government-owned property for additional cost savings and
economies of scale. In addition, the Committee directs that the
study include the steps, procedures, and findings for the site
selection; the cost estimate for building a new facility; a
plan for funding the facility; and an expenditure plan for the
$10,000,000 that was included in the fiscal year 2004 Omnibus
Appropriations bill for records management activities. Further,
the Committee directs the FBI to evaluate locations for a
separate backup facility for the Criminal Justice Information
Services Division [CJIS]. The Committee directs the FBI to
provide the Appropriations Committee with a site-selection
report for the Central Records Complex and separate CJIS backup
facility no later than March 1, 2005.
Construction.--The recommendation includes a total of
$16,376,000 for construction, including $1,242,000 in base
resources for general operations and maintenance of FBI
facilities, as well as an additional $15,134,000, including
$5,893,000 credited to CT construction, for necessary
renovations and operations and maintenance costs of the FBI
Academy complex.
Aviation Support.--The Committee recommendation includes,
within available resources, $10,000,000 for the use of
helicopters and other aviation needs, subject to Section 605 of
this Act.
The Committee recommendation includes bill language changes
to transfer $2,863,000 to the Department of State for the
Capital Security Cost Sharing Initiative to provide for safe
and secure facilities for overseas, to cap the cost of FBI's
technology modernization program to ensure there is sufficient
funding to research and develop emerging technologies, and to
release funding provided in fiscal year 2004 for the aviation
program.
FOREIGN TERRORIST TRACKING TASK FORCE/TERRORIST THREAT INTEGRATION
CENTER/TERRORIST SCREENING CENTER
Appropriations, 2004.................................... $60,949,000
Budget estimate, 2005................................... 56,349,000
Committee recommendation................................ 120,819,000
The Committee recommends an appropriation of $120,819,000.
The recommendation is $64,470,000 above the budget request.
This account funds the Foreign Terrorist Tracking Task
Force [FTTTF], the Terrorist Threat Integration Center [TTIC],
and the Terrorist Screening Center [TSC].
FTTTF.--The FTTTF is an independent, inter-agency data
fusion operation working in cooperation with the FBI, but is
not and shall not be a part of the FBI. The FTTTF stood up on
an ad hoc basis after the terrorist attacks on September 11,
2001, and is charged with denying terrorists entry into the
United States and locating, detaining, prosecuting, and
deporting terrorists that have already entered the country. The
FTTTF's advanced networking capabilities are intended to
eliminate the barriers that had led to past communications and
information-sharing failures. Besides heavy Justice Department
participation, Treasury, State, DOD, CIA, NSA, HHS, SSA, and
OPM all have staff onboard.
The Committee recommendation includes $56,349,000 for
FTTTF. The Committee directs FTTTF to submit a report to the
Committees on Appropriations not later than March 2, 2005, on
FTTTF's current roles and responsibilities, particularly in
relation to the Terrorist Screening Center and TTIC.
TTIC.--TTIC is an independent agency that coordinates
strategic analysis of threats based on intelligence from the
FBI, CIA, DHS, DOD, and a number of other agencies. Analysts
from each agency work side-by-side in one location to piece
together the big picture of threats to the United States and
our interests. TTIC analysts synthesize government-wide
information regarding current terrorist threats and produce the
Presidential Terrorism Threat Report for the President. The FBI
personnel at TTIC are part of the Office of Intelligence and
work closely with analysts at Headquarters, who in turn develop
appropriate collection tasking and pass them to appropriation
Field Intelligence Groups [FIG] at each of the 56 field
offices.
The Committee recommendation includes $35,470,000 for the
costs of co-locating a portion of the FBI's Counterterrorism
Division at a facility with the CIA's Counterterrorist Center
[CTC] and TTIC. The FBI shall submit a report to the Committees
on Appropriations not later than February 15, 2004, on the
number and nature of the personnel moving to this facility, a
status report of the co-location, plans for any future moves to
this facility, as well as plans for the vacated space in
headquarters and the impact that vacated space will have on the
FBI's ``space crisis.''
TSC.--The recommendation includes $29,000,000 for
nonpersonnel expenses related to TSC. TSC is a multi-agency
effort with the primary purpose of coordinating and
consolidating information on known or suspected terrorists from
TTIC, the FBI, and other Federal agencies into a single
database. The database will be used to screen for terrorists as
part of certain activities, such as the review of visa
applications. TSC is staffed by members from FBI, CIA, the
Department of State, the Department of Homeland Security, and
other Government agencies.
Drug Enforcement Administration
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2004.................................... $1,584,477,000
Budget estimate, 2005................................... 1,661,503,000
Committee recommendation................................ 1,645,027,000
The Committee recommends an appropriation of
$1,645,027,000. The recommendation is $60,550,000 above the
fiscal year 2004 funding level and $16,476,000 below the budget
request.
The Committee has expressed concern over the proposal to
collapse decision units throughout the Department because of
the significant latitude DOJ would gain in moving funding from
one program to another. The Department claims, however, the
proposed consolidation would significantly improve their
business operations without hampering Congressional reporting
and accountability. The Committee is willing to consider the
proposal. Accordingly, the Committee adopts the Drug
Enforcement Administration's [DEA] proposal to consolidate its
decision units from ten to three as a pilot for the rest of the
Department. Based on the details provided herein, the Committee
directs DEA to provide a spend plan by the proposed 3 decision
units to the Committees on Appropriations not less than 30 days
after enactment of this Act. To measure the impact of this
change, DEA is directed to provide quarterly reports to the
Committees on Appropriations of its obligations by prior year
as well as proposed decision units.
Priority Targeting.--The Committee commends DEA's efforts
to focus on disrupting and dismantling priority targets that
represent the ``Most Wanted'' drug supply and money laundering
organizations believed to be primarily responsible for the
Nation's illicit drug supply. To further such efforts, the
Committee recommendation includes an additional $18,108,000 for
97 additional positions for key investigative and
infrastructure enhancements, including: $3,000,000 for the
Special Operations Division; $4,047,000 and 3 positions for
Investigative Technology Support; $1,173,000 and 9 positions
for Computer Forensics Support; $1,000,000 for Aviation
Support; and $8,888,000 for 85 positions for investigative and
administration support.
Concord.--Like other Federal law enforcement agencies, DEA
has 60 separate information technology [IT] systems that must
be mined separately for information, which is time intensive
and inefficient. DEA, however, has found a reasonable solution.
Since 1997, DEA has used base funding to determine the IT needs
of field agents and support staff and to develop a prototype
solution, which has since been named ``Concord''. Concord will
upgrade DEA's applications and create one web browser to access
all data. DEA has followed standard business practices by
piloting the program and incrementally delivering solutions.
The Committee commends DEA's efforts and includes an additional
$8,530,000 for Concord to develop and deploy software programs
and enhance the infrastructure to support a number of business
functions, including case investigation, investigation support,
evidence management, and information technology support.
El Paso Intelligence Center.--The El Paso Intelligence
Center [EPIC] Information System [EIS] is a database system
comprised of tactical intelligence information from 25 distinct
Federal, State, and commercial databases. Law enforcement
officers, however, must go through a call center rather than
access that information directly. Through EPIC's Open
Connectivity Project, Federal, State, and local law enforcement
officers will be able to send queries to EPIC via a secure
internet connection and receive responses almost instantly. The
Committee recommendation includes an additional $4,837,000 to
standardize and upgrade EIS technology infrastructure to
convert EIS to a web-based infrastructure to allow direct,
timely, and secure Internet access to this information.
Proposed Offsets.--The Committee recommendation includes
the administration's proposed offsets for the Riverine Program,
the transfer of the Drug and Chemical Diversion Control
Decision Unit, and the annualization of the pay raise. The
Committee recommendation does not adopt the proposal to charge
the District of Columbia Metropolitan Police Department [MPD]
for forensic services, and is disappointed that the
administration proposed to offset funding increases by
increasing the funding burden on State and local law
enforcement.
International Training.--In the past, DEA's international
counter-narcotics training for foreign narcotics law
enforcement officers has been funded through a Memorandum of
Understanding with the Department of State. The Committee
encourages DEA to work with the Department of State to resolve
any concerns regarding reimbursements for this program.
The Committee supports DEA's request for an additional
mobile training team in support of the Sensitive Investigative
Unit program and directs DEA to provide existing overseas
resources for that purpose, subject to Section 605 of this Act.
Demand Reduction Program/Integrated Drug Enforcement
Assistance.--Through the Demand Reduction Program and
Integrated Drug Enforcement Assistance [IDEA], the DEA provides
outreach to local communities to ensure effective programs are
in place to enhance enforcement and prevention. The agency's
Demand Reduction Program is unique in that it does not conduct
research or disburse grants. Rather, the program provides a
Demand Reduction Coordinator to work directly with local
communities, offering support in the development of drug
prevention and education programs. Similarly, IDEA is a
coordinated anti-drug initiative that combines law enforcement
with long-term community follow-up to reduce drug demand. The
plan involves assisting local communities with the formation of
a coalition designed to reduce demand through prevention,
education and treatment. The Committee acknowledges the success
of the Demand Reduction Program and the IDEA initiative and
recommends $8,891,000 for these two programs.
Drug Diversion Control Fee Account.--The Committee has
provided $154,216,000 for DEA's Drug Diversion Control Fee
Account [DCFA]. The recommendation is $35,655,000 over the
fiscal year 2004 funding level and equal to the request. Of
that amount, $11,711,000 is to improve and modernize customer
service and e-commerce; $3,482,000 is for the Internet Online
Investigations Project; $659,000 is to enhance DEA's ability to
respond to the regulated community and improve the management
and financial accountability of resources; and $15,773,000
supports the Drug and Chemical Diversion Control Decision Unit,
previously funded under salaries and expenses, to simplify
financial management issues and ensure a stable source of
funding for the Program.
The Committee recommendation includes bill language changes
to transfer $10,153,000 to the Department of State for the
Capital Security Cost Sharing Initiative to provide for safe
and secure facilities for overseas, increase representational
funds to properly support DEA's international and domestic
cooperative activities, provide greater flexibility for
programs that are multi-year in nature, and enable DEA to use
unobligated balances for a Clandestine Laboratory Training
Facility.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
Appropriations, 2004.................................... $827,289,000
Budget estimate, 2005................................... 868,857,000
Committee recommendation................................ 890,357,000
The Committee recommends an appropriation of $890,357,000.
The recommendation is $63,068,000 above the fiscal year 2004
funding level and $21,500,000 above the budget request. The
recommendation does not include the proposed rescission of
$1,500,000.
The ATF is responsible for enforcing Federal laws relating
to alcohol, tobacco, firearms, explosives, and arson and
regulations relating to firearms, explosives and arson.
Safe Explosives Act.--The Homeland Security Act of 2002
includes a provision, known as the Safe Explosives Act, that
amends Title XI of the Organized Crime Control Act of 1970. The
Safe Explosives Act requires that all persons who wish to
obtain explosives, even for limited use, must obtain a Federal
license or permit and restricts the ability of felons and other
prohibited persons from receiving or possessing explosive
materials. The Act also increases qualifications for licensing
and permits to include fingerprints, photographs, and
identifying information to conduct criminal history background
checks on all applicants. As the law enforcement agency with
the most training and experience with explosives, ATF is
charged with implementing and enforcing this Act.
There has been a large increase in the criminal misuse of
explosives, much of which has led to or resulted in acts of
terrorism. Therefore, the Committee recommendation includes
$17,113,000 for the creation and operation of four specialized
explosives groups. These groups shall be strategically located
throughout the United States based on a thorough threat and
workload assessment conducted by the Bureau. These groups will
be responsible for investigating the misuse and trafficking of
explosives, increasing inspection efforts for high-risk
explosives licensees, and increasing forensic support to
explosives investigations with the goal of proactively
preventing explosives crimes and acts of terrorism.
Project Safe Neighborhood/Youth Crime Gun Interdiction
Initiative.--The Committee recommendation includes $16,182,000
to enhance the Project Safe Neighborhood/Youth Gun Crime
Interdiction Initiative [YCGII]. This additional funding will
allow the program to expand to 20 additional cities.
Access 2000 Program.--The Committee is aware that the
Access 2000 program was initiated by ATF to improve the
efficiency of and reduce the costs associated with firearms
tracing incurred by Federal Firearms Licensees [FFLs]. ATF and
FFL importers, manufacturers, and wholesalers form a
partnership in this effort. FFLs take their data from their
mainframe computer and import the data into a stand-alone
server provided by the ATF. The National Tracing Center [NTC]
is connected to this server remotely by secure dial-up and
obtains information on a firearm that is subject to a firearms
trace. The Committee supports this program, which reduces
administrative burdens from the FFL and allows the ATF around
the clock access to the records. The ATF currently has 36
Access 2000 partners. This Committee encourages the ATF to
place more emphasis on this program and expand the number of
partners to the greatest extent possible.
Special Response Teams.--The Committee is aware of the
extremely important role Special Response Teams [SRT] play in
the enforcement of our Nation's laws. The Bureau has four teams
organized throughout the United States. Due to the personnel
limitations within the Bureau, the four SRTs are predominately
made up of special agents that maintain a full case load on the
street and train to maintain the highly specialized skills
required to qualify for an SRT position. The Committee lauds
these special agents and the extraordinary dedication to the
mission of the ATF they display in order to ensure these teams
are effective, safe, and successful. The Committee also
acknowledges the outstanding service the unique human scent/
tactical K-9 program has provided in support of the Special
Response Teams. The Committee urges the ATF to train at least
two additional K-9s so as to equip each SRT with full time
support.
The Committee recommendation includes new bill language
transferring $106,000 to the Department of State for the
Capital Security Cost Sharing Initiative to provide for safe
and secure United States diplomatic facilities overseas.
Conversion of Records.--The Committee recognizes the need
for the ATF to begin converting tens of thousands of existing
Federal firearms dealer out-of-business records from film to
digital images at the ATF National Tracing Center [NTC]. Once
the out-of-business records are fully converted, the search
time for these records will be reduced to an average of 5
minutes per search from the current average of 45 minutes per
search. This significant time savings will ultimately reduce
overall costs and increase efficiency at the NTC. Therefore,
the Committee recommendation includes $4,200,000 for the ATF to
hire additional contract personnel to begin this conversion.
Federal Prison System
The Committee recommends a total of $4,820,089,000 for the
Federal Prison System [BOP]. The recommendation is $8,868,000
above the fiscal year 2004 funding level and $110,428,000 above
the budget request.
SALARIES AND EXPENSES
Appropriations, 2004.................................... $4,414,313,000
Budget estimate, 2005................................... 4,706,232,000
Committee recommendation................................ 4,627,696,000
The Committee recommends an appropriation of
$4,627,696,000. The recommendation is $213,383,000 above the
fiscal year 2004 funding level and $78,536,000 below the budget
request. This recommendation shall be expended in the following
manner:
SALARIES AND EXPENSES
[In thousands of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Inmate Care and Programs.............................. 1,703,235
Institution Security and Administration............... 2,168,212
Contract Confinement.................................. 586,948
Management and Administration......................... 169,301
-----------------
Total, Salaries and Expenses.................... 4,627,696
------------------------------------------------------------------------
Activation of New Prison Facilities.--The Committee
recommendation includes funding for the activation of 12 new
facilities, which will add 13,952 beds. This Committee defines
``activation'' as open and receiving prisoners.
ACTIVATION OF NEW PRISON FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Victorville, CA FCI (1,152 beds)........................ 35,055
Williamsburg, SC FCI (1,280 beds)....................... 34,456
Forrest City, AR FCI (1,152 beds)....................... 32,892
Canaan, PA USP (1,088 beds)............................. 35,299
Hazelton, WV USP (1,088 beds)........................... 41,000
Herlong/Sierra, CA FCI (1,280 beds)..................... 34,833
Yazoo City, MS FCI (1,152 beds)......................... 51,297
Bennettsville, SC FCI (1,280 beds)...................... 43,158
Terre Haute, IN USP (960 beds).......................... 35,043
Coleman, FL USP (960 beds).............................. 23,509
Beckley, WV FCI (1,280 beds)............................ 41,000
Gilmer, WV FCI (1,280 beds)............................. 41,000
---------------
Total, Activations (13,952 beds).................. 448,542
------------------------------------------------------------------------
The Committee directs the Bureau of Prisons to move forward
with the Mid-Atlantic prison at Hazelton, West Virginia, for
which $5,000,000 was made available in the fiscal year 2001
Omnibus Act for site investigation and planning activities.
Female Inmates.--The Committee understands the BOP is
working on a long-term plan for housing female inmates which
has been requested previously. The BOP shall report the details
of this plan to the Committees on Appropriations within 30 days
of enactment of this Act.
The Committee commends the BOP on its work to address and
prevent sexual misconduct. With funds provided in earlier
appropriations Acts, the National Institute of Corrections has
made useful progress in providing training and technical
support to correctional systems throughout the country to
eliminate staff sexual misconduct with inmates, training in
investigating cases, and training ``trainers'' in order that
employees at every level will be more aware of, and better
prepared to deal with, these cases. The Committee directs the
BOP to continue these efforts and to report to the Committee by
March 31, 2005 on progress made in this area.
Bed Space Requirements.--The Committee has provided an
increase of $8,000,000 for meeting bed space demands through
the use of private sector contract confinement.
Joint Bureau of Prison/Judiciary Pilot Program.--To promote
fiscal best practices through cost efficient rededication of
government resources, the Bureau of Prisons shall implement a
pilot program in the Southern District of Florida which would
allow the Federal Public Defender to transfer government
computers to the local detention facility for use by indigent
defendants to review electronic discovery. These computers will
be dedicated to indigent defense matters according to schedules
and protocols developed by the staff of the local facility in
consultation with the Federal Defender and the District Court's
Criminal Justice Act Selection Committee.
Medical Records System.--The Committee is aware that the
Bureau of Prisons uses an antiquated non-digitized medical
records system that suffers from a lack of continuity of
information as prisoners are transferred among various
facilities. The Committee requests the Department to examine
the costs, benefits, risks, and potential savings from
improving their medical record system, including an analysis of
using commercially available software. The Committee directs
the Department to issue a report on their findings no later
than 90 days after the enactment of this bill.
BUILDINGS AND FACILITIES
Appropriations, 2004.................................... $393,515,000
Budget estimate, 2005...................................................
Committee recommendation................................ 189,000,000
The Committee recommends a total of $189,000,000 for the
construction, modernization, maintenance, and repair of prison
and detention facilities housing Federal prisoners. The
recommendation is $204,515,000 below the fiscal year 2004
funding level and $189,000,000 above the budget request.
The Committee continues to strongly support the BOP's
construction program, which is designed to provide sufficient
inmate beds to manage overcrowding in facilities and maintain
them in a safe and secure manner for staff, inmates and
surrounding communities.
The Committee recommendation includes funding for
facilities with prior year funding as follows:
BUILDINGS AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Mendota, CA............................................. 52
------------------------------------------------------------------------
The Committee denies the decreases to activations and new
construction as proposed in the fiscal year 2005 budget
request. The Committee reiterates the direction in the
conference report to the fiscal year 2004 Appropriations Act
that, ``No funds appropriated for the Federal Prison System in
this or prior Appropriations Acts for the construction of new
facilities may be rescinded or cancelled.'' The BOP shall move
forward with all current projects as planned. The BOP shall
comply with this direction in all future budget submissions.
Bill language is included clarifying that the BOP may not
transfer Building and Facilities appropriations to cover
Salaries and Expenses costs.
Federal Prison Industries, Incorporated
(LIMITATION ON ADMINISTRATIVE EXPENSES)
Appropriations, 2004.................................... $3,393,000
Budget estimate, 2005................................... 3,429,000
Committee recommendation................................ 3,393,000
This Committee recommends a limitation on administrative
expenses of $3,393,000 for the Federal Prison Industries, Inc.
The recommendation is identical to the fiscal year 2004 funding
level and $36,000 below the budget request.
The Committee continues to strongly support Federal Prison
Industries [UNICOR] and recognizes its importance in the
efficient and safe management of Federal prisons. UNICOR
provides prison inmates with the opportunity to learn important
work habits, participate in meaningful employment which keeps
them productively occupied during work hours, and develop
improved job skills which reduces recidivism. The Committee
also recognizes the necessity for UNICOR to grow as the inmate
population increases.
Office of Justice Programs
Appropriations, 2004.................................... $3,114,907,000
Budget estimate, 2005................................... 1,763,865,000
Committee recommendation................................ 2,575,332,000
The Committee recommends an appropriation of $2,575,332,000
for the Office of Justice Programs [OJP]. The recommendation is
$811,467,000 above the budget request.
The Committee continues to be concerned with the merger of
the Byrne Grant program and Local Law Enforcement Block Grant
program at a significantly reduced funding level.
JUSTICE ASSISTANCE
Appropriations, 2004.................................... $188,124,000
Budget estimate, 2005................................... 1,710,664,000
Committee recommendation................................ 210,875,000
The Committee recommends an appropriation of $210,875,000.
The recommendation is $22,751,000 above the fiscal year 2004
funding level and $1,499,789,000 below the budget request.
The Committee recommendations are displayed in the
following table:
JUSTICE ASSISTANCE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
National Institute of Justice........................ 63,350
Office of Science and Technology................. [20,000]
The National Law Enforcement and Corrections [21,000]
Technology Centers..............................
Social Science Research and Evaluation........... [10,000]
Counterterrorism Research and Development........ [7,000]
Bureau of Justice Statistics......................... 40,125
Missing Children..................................... 42,400
Regional Information Sharing System.................. 40,000
Management and Administration........................ 25,000
------------------
Total, Justice Assistance...................... 210,875
------------------------------------------------------------------------
National Institute of Justice.--The Committee is concerned
with National Institute of Justice's [NIJ] current staffing
levels. The Committee understands the current staffing level is
75 of the 84 authorized. The Committee directs NIJ to submit
monthly staffing reports, as well as a management plan for the
hiring and retention of staff, within 90 days of the enactment
of this Act.
Office of Science and Technology.--The Committee continues
to support the efforts of the leadership of the NIJ's Office of
Science and Technology [OS&T] and the continuing partnership
that OS&T has developed with the National Institute of
Standards and Technology [NIST]. To implement the mission of
OS&T, the Committee recommends $20,000,000 for OS&T, of which
$3,000,000 is provided for the Advanced Generation of
Interoperability for Law Enforcement [AGILE].
Counterterrorism Research and Development.--The Committee
recommends $7,000,000 for counterterrorism research and
development. The Committee understands that NIJ is
collaborating with many partners, including technical working
groups and other Federal agencies. The Committee directs NIJ to
submit a spending plan to the Committees on Appropriations,
within 90 days of the enactment of this Act.
National Law Enforcement and Corrections Technology
Centers.--The National Law Enforcement and Corrections
Technology Centers [NLECTC] have served a vital role for State,
and local law enforcement and corrections communities by
responding to the needs of the justice community through
transferring, introducing, and implementing technologies;
assisting in the development and dissemination of guidelines
and technological standards; and providing technology
assistance, information, and support for law enforcement,
corrections, and criminal justice purposes. The Committee
continues to strongly support the NLECTC system run by the NIJ
and therefore recommends $21,000,000 to continue its efforts.
Of the amount provided, the Committee directs that funds be
distributed to the Centers in the following manner:
THE NATIONAL LAW ENFORCEMENT AND CORRECTIONS TECHNOLOGY CENTERS
[In thousands of dollars]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Northeast Regional Center.................................. 3,000
Southeast Regional Center.................................. 3,000
Rocky Mountain Regional Center............................. 3,000
Western Regional Center.................................... 3,000
National Center............................................ 3,000
Northwest Center........................................... 3,000
Technology Specialty Centers............................... 3,000
------------
Total, Regional and Specialty Centers................ 21,000
------------------------------------------------------------------------
The Committee understands NIJ has proposed a management
plan which realigns NLECTC activities to reflect the research
and development cycle used throughout the Federal Government
and NIJ. The proposed goal of this management plan is to
provide a greater role in: (1) developing operational
requirements for technology development programs; (2) testing
and evaluating technology solutions against operational
requirements and for effectiveness in practice; and (3)
supporting the adoption of emerging technologies by law
enforcement, corrections, and forensic science practitioners.
NIJ is directed to submit to the Committees on Appropriations
this new management plan within 60 days of the enactment of
this Act. Further, NIJ is not to implement any changes outlined
in the plan until the plan has been submitted to and reviewed
by the Committees on Appropriations.
In addition to the above activities, within the amounts
provided, NIJ is to provide grants for the following projects:
--$4,500,000 for the National Crime Prevention Council
(McGruff Program); and
--$850,000 for the Mistral Security Non-Toxic Drug Detention
and Identification Aerosol Technology.
Bureau of Justice Statistics.--The Committee recommends an
appropriation of $32,125,000 for the Bureau of Justice
Statistics [BJS] which is identical to the fiscal year 2004
appropriation. Of the funds provided for BJS, $2,000,000 shall
be utilized for the National Crime Victimization Survey [NCVS]
conversion. This funding supports the continuation of
converting the NCVS from primarily a paper and pencil [PAPI]
operation to a fully automated data collection operation.
Victim Notification System.--The Committee understands that
the Crime Victims Fund provides $5,000,000 for the Executive
Office of the United States Attorneys to operate a Victim
Notification System for crimes being prosecuted by the Federal
Government. The Committee recommends $8,000,000 for the Bureau
of Justice Assistance to launch a new grant program for States
automated victim notification programs. No funding can be
utilized from the Victims Assistance Program for this
initiative and funds provided under this heading require a 50
percent match from State, local, or private sources.
Missing Children Program.--The issue of child exploitation
has been raised to the forefront of the national conscience due
to the strings of child pornography and missing children cases
that have been highlighted in the media over the last few
months. The Committee continues to strongly support the Missing
and Exploited Children Program run by the Bureau of Justice
Assistance. The Committee recommends $42,400,000 to continue
and expand efforts to protect the Nation's children, especially
in the areas of locating missing children, and to address the
growing wave of child sexual exploitation found on the
Internet.
Within the amounts provided, the Committee recommends the
following:
(1) $12,500,000 for the Internet Crimes Against Children
[ICAC] Task Forces. Policing of cyberspace presents new and
unique challenges for American law enforcement. Cyberspace is
an arena where traditional boundaries are ignored and the usual
constraints of time, place, and distance lose their controlling
influence. The Committee strongly supports the efforts of the
ICAC Task Forces in encouraging communities to adopt
multidisciplinary, multi-jurisdictional responses to Internet
crimes against children. Further, the Committee commends the
level of commitment to these task forces by the Administrator
of the Office of Juvenile Justice and Delinquency Prevention;
(2) $26,900,000 for the National Center for Missing and
Exploited Children [NCMEC]. The NCMEC is the clearinghouse and
national resource center regarding the issue of missing and
exploited children. Of the funds appropriated for the NCMEC,
$1,000,000 is for NCMEC's Lost Child Alert Technology Resource
[LOCATER] program; $2,250,000 is for NCMEC's NETSMARTZ program;
$1,650,000 is for the expansion and enhancement of the Child
Recognition and Identification System [CRIS]; and $2,000,000 is
for NECMEC's Team Adam initiative; and
(3) $3,000,000 for the Jimmy Ryce Law Enforcement Training
Center.
Regional Information Sharing System.--The Committee
recommends an appropriation of $40,000,000. The Committee
strongly supports the Regional Information Sharing System's
[RISS] leadership role in implementing the National Criminal
Intelligence Sharing Plan. In particular, the Committee is
pleased with RISS's efforts in promoting collaboration between
Federal, State, and local agencies through information sharing,
especially in the exchange of antiterrorism information.
Furthermore, the Committee commends support provided by BJA for
RISS.
Management and Administration.--The Committee recommends an
appropriation of $25,000,000 for the management and
administration of OJP's programs. This appropriation reflects a
$10,000,000 reduction due to the transfer of the Office of
Violence Against Women [OVW] out of OJP.
The Committee directs OJP to submit a financial plan to the
Committees on Appropriations outlining their reimbursable
agreement with OVW within 60 days of the enactment of this Act.
The Committee understands that OJP processes Office of
Domestic Preparedness [ODP] grants. The Committee directs OJP
to submit a report to the Committees on Appropriations
regarding the administrative charges it collects from ODP as
well as those collected from the processing of grants for any
other agency outside of the Department of Justice, no later
than 60 days after the enactment of this Act. Also, the
Committee directs OJP to submit a financial plan to the
Committees on Appropriations, within 60 days of the enactment
of this Act, outlining the level of funding individual programs
will be contributing for management and administration.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
Appropriations, 2004.................................... $1,335,971,000
Budget estimate, 2005...................................................
Committee recommendation................................ 1,117,919,000
The Committee recommends an appropriation of
$1,117,919,000. The recommendation is $1,117,919,000 above the
budget request.
The Committee recommendations are displayed in the
following table:
STATE AND LOCAL LAW ENFORCEMENT
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Local Law Enforcement Block Grant.................... 150,000
Boys and Girls Clubs............................. [85,000]
Law Enforcement Technology....................... [10,000]
State Criminal Alien Assistance Program.............. 250,000
Southwest Border Prosecutor Initiative........... [30,000]
Indian Assistance.................................... 18,000
Byrne Grants:
Formula.......................................... 500,000
Discretionary.................................... 117,969
Drug Courts.......................................... 40,000
Residential Substance Abuse Treatment................ 25,000
Safe Return Program.................................. 850
Law Enforcement Family Support Programs.............. 2,000
Senior Citizens Against Marketing Scams.............. 2,000
Motor Vehicle Theft Prevention....................... 100
State and Local Training............................. 1,000
State and Local Anti-Terrorism Training [SLATT]...... 11,000
------------------
Total, State and Local Law Enforcement 1,117,919
Assistance....................................
------------------------------------------------------------------------
Indian Country Grants.--The recommendation provides
$18,000,000 for Indian Country grants. As in past years, the
Committee acknowledges the success that the Comprehensive
Indian Resources for Community Law Enforcement [CIRCLE]
initiative is having and urges the Department to continue to
work on ways to expand CIRCLE.
Within the amount provided, the Committee directs that a
grant be provided for the following prison construction
project:
--$400,000 to the Sisseton Wahpeton Sioux Tribe, Agency
Village, South Dakota for the planning and design of a
new detention facility.
Edward Byrne Grants to States.--Within the amount provided
for Byrne discretionary grants, the Committee expects the
Bureau of Justice Assistance to review the following proposals
and provide grants if warranted:
--$700,000 for the Alabama Bureau of Investigation's Missing
Children's Program;
--$1,000,000 for the Alaska Native Justice Center restorative
justice programs;
--$2,000,000 for the Alaskan Rural Prosecution Unit;
--$1,100,000 for the Alcohol Interdiction in Alaska for
bootlegging crimes;
--$500,000 for the Arkansas Wireless Information Network;
--$400,000 for the Arlington, VA, County Sheriff's Office for
a pilot program to test a geo-location network;
--$1,500,000 for the Baltimore City Operation Safe Streets;
--$350,000 for the Biloxi, MS, Police Department Technical
Bomb Squad;
--$300,000 for the Oglala Sioux Tribe judicial system in Pine
Ridge, SD;
--$250,000 for the Carbon County Drug Enforcement, UT;
--$950,000 for the Chicago Project for Violence Prevention to
expand Ceasefire;
--$500,000 for the Center for Behavioral Health Research
[CABHR] Jail Initiative, WI;
--$750,000 for the Center on Domestic Violence at CU-Denver,
CO;
--$700,000 for the Charleston, SC, County Visual
Technologies;
--$150,000 for the technology and equipment for the Cheyenne
River Sioux Tribe Police Department in Eagle Butte, SD;
--$2,000,000 for the Child Safe Personalized Weapon, New
Jersey's Institute of Technology;
--$2,800,000 for the City of North Charleston, SC, Law
Enforcement Training Center;
--$230,000 for the City of Philadelphia's Operation Safe
Streets;
--$100,000 for the City of Xenia, OH, Police Division
Internet Child Protection Unit;
--$3,900,000 for the Consolidated Advanced Technology
Laboratory at UNH;
--$1,000,000 for the Dispute Resolution program at Faulkner
University, AL;
--$300,000 for the Family Re-Entry, Inc., prisoner reentry
pilot program in Bridgeport, CT;
--$750,000 for the Fort Bend and Harris County, TX, Anti-Drug
Initiative;
--$500,000 for the further testing and evaluation of TACSCAN
system;
--$150,000 for the Hampshire County, MA, Triad;
--$550,000 for the Henderson Emergency Operations Center, NV;
--$765,000 for the Highway Interdiction Team, IA;
--$890,000 for the Holyoke Community College, information
security system;
--$650,000 for the National Center for Victims of Crime and
INFOLINK;
--$250,000 for the Pacific Institute for Research and
Evaluation [PIRE];
--$10,000,000 for the Institute for Security Technology
Studies, NH;
--$1,500,000 for the Center for Task Force Training;
--$2,250,000 for the Jackson, MS, Public Safety Automated
Technologies--Equipment;
--$500,000 for the Kansas City Swope Parkway, MO;
--$500,000 for the University of Nebraska at Kearney
Polygraph Credibility Project;
--$400,000 for the Leadership Institute in Judicial
Education, University of Memphis;
--$1,250,000 for the Clearwater Economic Development
Association, ID, for the Idaho-Montana Lewis and Clark
Bicentennial Bi-State Safety Project;
--$1,000,000 for the Mental Health Courts;
--$1,200,000 for the Methamphetamine Jail Treatment, IA;
--$100,000 for the Millerstown Borough Police Department,
Perry County, PA;
--$950,000 for the Milwaukee Co., WI Judicial Oversight
Demonstration Initiative;
--$500,000 for the Milwaukee, WI, Community Partners;
--$700,000 for the Alabama Bureau of Investigation's Missing
Children Program;
--$1,000,000 for the Mississippi State University--Computer
Crime Prosecution Initiative;
--$200,000 for the Montana Family Drug Court and Juvenile
Drug Courts;
--$4,750,000 for the National Advocacy Center/National
District Attorneys Association;
--$150,000 for the National Association of Promoting Success;
--$2,000,000 for the Southeast National Law Enforcement and
Technology Center for incident mapping and analysis
program;
--$3,300,000 for the Monterey County, California, Street
Violence and Anti-gang Project;
--$3,000,000 for the National Fatherhood Initiative;
--$180,000 for the National Megan's Law Helpline;
--$150,000 for the Native Americans Into Law Program;
--$650,000 for the New Hampshire Cyber Crime Initiative;
--$500,000 for the New School University's Institute for
Legislative Drafting;
--$1,000,000 for the National Child Protection Training;
--$51,000 for the NH Dept of Safety evidence storage
expansion;
--$250,000 for the NH Police Standards and Training distance
learning expansion;
--$425,000 for the Oglala Sioux Tribe Judicial System
operations;
--$1,500,000 for Operation Streetsweeper;
--$500,000 for the New Orleans District Attorney's Office for
system upgrades;
--$250,000 for the Partners for Downtown Progress, AK;
--$150,000 for the Phoenix House Treatment Center, MA;
--$350,000 for the Turtle Mountain Community College, ND,
Project Peacemaker;
--$3,000,000 for the Public Private Ventures, of which
$1,000,000 is for the National Center on Neighborhood
Enterprise, of which up to 5 percent may be used by
Public Private for the purpose of enhanced
Accountability and rigorous evaluation of the Violence
Free Zone project;
--$500,000 for the Reducing Family Violence through Workplace
Interventions, University of Arkansas;
--$500,000 for the Rhode Island Family Treatment Drug Court
program;
--$1,000,000 for the Ridgelend Police Department radios and
equipment;
--$750,000 for the Rosebud Sioux Tribe, SD, Judicial System
operations;
--$850,000 for the San Diego, CA, Crisis Intervention
Response Teams;
--$2,000,000 for SEARCH Technical Assistance;
--$14,593,000 for the South Carolina Judicial Department case
docket system;
--$200,000 for the South Central Alaska Search and Rescue
Training Project for the Alaska Police Department;
--$200,000 for the South Dakota Network Against Family
Violence & Sexual Assault;
--$210,000 for the Alaska Statewide DARE coordinator and
implementation of new DARE curriculum;
--$150,000 for equipment for the Tchula, MS, Police
Department;
--$640,400 for technology improvements at NH Department of
Motor Vehicles;
--$4,000,000 for the continuation of the J-ONE information
sharing system in NH;
--$900,000 for the Texas Medical Center in Houston, TX,
Emergency Operations Center;
--$400,000 for the Bodega Association of NYC;
--$2,000,000 for the Tools for Tolerance Program, NY;
--$750,000 for the University of Connecticut Breaking the
Cycle of Behavioral Health Problems and Crime study;
--$65,000 for the University of Delaware Center for Drug and
Alcohol Studies to conduct a statewide survey of
delinquent and high risk behaviors;
--$1,500,000 for the University of Kentucky Rural Drug
Prosecution Assistance Project;
--$700,000 for the University of Louisville Effects of
Collaboration Team Intervention on Child Well Being;
--$3,300,000 for the University of Mississippi National
Center for Justice and the Rule of Law;
--$500,000 for the University of Mississippi TechLaw to offer
police online training;
--$1,000,000 for the Gulf Coast, LA, Computer Forensic
Laboratory;
--$50,000 for the UNLV Boyd School of Law Immigration Clinic;
--$50,000 for the UNR Grant Sawyer Center for Justice
Studies;
--$500,000 for the USC Center for Prosecutorial Ethics;
--$400,000 for the Institutional Security Program and the
University of Southern Mississippi;
--$275,000 for the University of Southern Mississippi's Rural
Law Enforcement Training Initiative;
--$200,000 for the Violent Crimes Fugitive Task Force, MT;
--$2,750,000 for the Washington Public Building Mapping
System;
--$1,000,000 for the Washington State Department of
Corrections Electronic Fingerprint Criminal Background
Check;
--$1,500,000 for the Worcester Polytechnic Institute, MA, for
the development of law enforcement technologies;
--$2,000,000 for the Richland County Sheriff's Office
Carolina Regional Fugitive Task Force;
--$28,900 for the Mineral County, Nevada, Sheriffs Office;
--$400,000 for the City of Pascagula, MS for law enforcement
technology; and
--$250,000 for the City of Richton for the police department.
Drug Courts.--The Committee recommends an appropriation of
$40,000,000. The Committee notes that localities can also
access funding for drug courts from the Local Law Enforcement
Block Grants.
WEED AND SEED PROGRAM
Appropriations, 2004.................................... $57,926,000
Budget estimate, 2005................................... 53,265,000
Committee recommendation................................ 62,000,000
The Committee recommends an appropriation of $62,000,000.
The recommendation is $4,074,000 above the fiscal year 2004
funding level and $8,735,000 above the budget request. Of the
funds appropriated for Weed and Seed, $2,000,000 shall be
directed for comprehensive community development training and
technical assistance.
COMMUNITY ORIENTED POLICING SERVICES
Appropriations, 2004.................................... $748,324,000
Budget estimate, 2005................................... 43,618,000
Committee recommendation................................ 755,969,000
The Committee recommends an appropriation of $755,969,000.
The recommendation is $7,645,000 above the fiscal year 2004
funding level and $712,351,000 above the budget request.
The Committee is concerned by the Department of Justice's
continued attempts to diminish the ability of the Community
Oriented Policing Services [COPS] office to accomplish its
mission. The mission of the COPS office is to advance community
policing practices within law enforcement agencies and to
significantly improve public safety in neighborhoods throughout
the country through partnerships with communities, policing
agencies, and other public and private organizations.
Additionally, local law enforcement plays a critical role in
preventing and responding to terrorist threats. Since its
creation, the COPS office has assisted local law enforcement
agencies by providing grants, training and technical assistance
that not only ensure public safety from traditional crime but
also better enables law enforcement officers to address the
growing threat from terrorist organizations.
Of particular concern to the Committee is the Department's
continued insistence on understaffing the COPS office and the
significant negative impact this inadequate staffing level can
have on services as a result. The Committee understands that
the current staffing level is only 152 of the 235 authorized
(65 percent manning). The Committee also understands that the
office needs a minimum of 200 personnel to maintain the current
quality services the States have come to expect from this
office. Therefore, the Committee directs the COPS office to
develop a plan to relieve this personnel shortage and report
back to the Committees on Appropriations no later than 60 days
after the enactment of this Act.
The Committee recommendations are displayed in the
following table:
COMMUNITY ORIENTED POLICING SERVICES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Public Safety and Community Policing Programs.......... 315,000
Hiring............................................. [180,000]
Training and Technical Assistance.............. [20,000]
Bullet Proof Vest Grant Program.................... [25,000]
Indian Country..................................... [20,000]
Meth Hot Spots..................................... [55,000]
Police Corps....................................... [15,000]
Crime Fighting Technology Programs..................... 365,969
Law Enforcement Technology Program................. [110,969]
Interoperable Communications Technology Program.... [100,000]
Crime Identification Technology Act................ [35,000]
DNA Backlog Elimination/Crime Lab Improvement [120,000]
Program...........................................
Prosecution Assistance................................. 15,000
Gun Violence Reduction............................. [15,000]
Community Crime Prevention............................. 25,000
Offender Re-entry Program.......................... [5,000]
Safe Schools Initiative............................ [5,000]
Police Integrity Program........................... [15,000]
Management and Administration.......................... 35,000
----------------
Total, Community Oriented Policing Services...... 755,969
------------------------------------------------------------------------
The Committee expects to be consulted prior to any
deviation from the above plan.
PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS
Hiring Program.--The recommendation includes $180,000,000,
of which $90,000,000 is for the hiring of school resource
officers.
Bullet-proof Vests Grant Program.--Of the $25,000,000
provided, such sums as may be necessary are for NIST's Office
of Law Enforcement Standards [OLES] to continue supporting the
ballistic resistant and stab resistant material compliance
testing programs, as well as for other technical support
related to public safety weapons and protective systems.
Indian Country.--The Committee recommends that 5 percent of
the COPS funds be provided directly to tribal judicial systems
to assist Tribal Courts with the caseload associated with
increased arrests as a result of more stringent tribal law
enforcement.
Methamphetamine Enforcement and Clean-Up.--The Committee
recommends $55,000,000 for State and local law enforcement
programs to combat methamphetamine production and distribution,
to target drug ``hot spots'', and to remove and dispose of
hazardous materials at clandestine methamphetamine labs. The
Committee recommendation includes $10,000,000 to reimburse the
Drug Enforcement Administration for assistance to State and
local law enforcement for proper removal and disposal of
hazardous materials at clandestine methamphetamine labs. Within
the amounts provided, the Department is expected to review, in
consultation with DEA, the following proposals, provide grants
if warranted, and report to the Committees on its intentions:
--$300,000 for the Anhydrous Ammonia Nurse Tank Locks in IA;
--$3,000,000 for the California Methamphetamine Strategy
[CALMS];
--$400,000 for the Clackamas Meth Initiative: Community
Prosecution in OR;
--$200,000 for the Combined Ozarks Multi-Jurisdictional
Enforcement Team [COMET] in MO;
--$6,000,000 for the Comprehensive Methamphetamine Response
in HI;
--$60,000 for the Coos and Curry Co. METH Reduction, OR;
--$300,000 for the COPS Methamphetamine Drug Hot Spots
Program in AR;
--$1,500,000 for the Five County Northern UT Methamphetamine
Project;
--$1,000,000 for the Wisconsin I Methamphetamine Law
Enforcement Initiative;
--$125,000 for the Jackson County Methamphetamine Clean-Up in
MS;
--$400,000 for the Jackson County Mississippi Sheriff's
Department--Narcotics Task Force/Technology;
--$375,000 for the Jefferson County, Colorado,
Methamphetamine Interdiction & Response;
--$350,000 for the Kansas Methamphetamine Prevention Project;
--$500,000 for the Louisiana Methamphetamine Task Force;
--$500,000 for the Louisiana, New Orleans Methamphetamine
Task Force;
--$1,500,000 for the Maricopa County Arizona Meth Funding;
--$375,000 for the Methamphetamine Addiction in MT;
--$1,500,000 for the Methamphetamine Clandestine Lab Task
Force in IA;
--$100,000 for Methamphetamine Education and Training for the
Arkansas Law Enforcement Community;
--$500,000 for Methamphetamine Enforcement, Indiana State
Police;
--$1,500,000 for the Methamphetamine Montana Initiative;
--$2,000,000 for the Methamphetamine Task Force in East TN;
--$600,000 for the Minnehaha County Sheriff for the South
Dakota Sheriffs Meth Relief Task Force;
--$1,000,000 for the Minot State University Rural
Methamphetamine Education Demonstration Project in
North Dakota;
--$1,250,000 for the Mississippi Bureau of Narcotics--
Methamphetamine Enforcement;
--$1,875,000 for the MoSmart Board, MO;
--$250,000 for the North Carolina Attorney General Office
Meth Program;
--$500,000 for the North Carolina U.S. District Attorneys
Meth;
--$2,390,000 for the State of Minnesota's Methamphetamine Hot
Spots Initiative;
--$1,100,000 for the Statewide Drug Enforcement and Lab
Equipment in NE;
--$2,500,000 for the Vermont Drug Task Force;
--$2,000,000 for the Washington State Methamphetamine
Initiative; and
--$26,000 for the Wright County Drug Mobile Command.
CRIME-FIGHTING TECHNOLOGIES PROGRAMS
Law Enforcement Technology Program.--Within the amount
provided, the COPS office should examine each of the following
proposals, provide grants if warranted, and submit a report to
the Committees on its intentions for each proposal:
--$500,000 for the Alachua County/City of Gainesville, FL,
Enforcement Communications Upgrade;
--$500,000 for the Andover, KS, police technology equipment;
--$200,000 for the Arkansas Crime Information Center, Project
Safe-Source;
--$2,000,000 for the Arkansas State Police Automated
Fingerprint Identification System;
--$100,000 for the Bellows Falls, VT, Police Technology
Grant;
--$500,000 for the Bismarck ND, Memorial Training Complex;
--$100,000 for the Borough of Waynesboro, Franklin County,
PA;
--$200,000 for the Boulder City, NV, Wireless Communications
Canopy;
--$500,000 for the Burlington, VT, Police Technology Grant;
--$1,750,000 for the Camden County, NJ, Law Enforcement
Technology;
--$600,000 for the Cheyenne River Sioux Tribe, SD, technology
and equipment upgrade of tribal justice system;
--$500,000 for the town of Babylon, NY, Law Enforcement Wide
area network and Geographic Information Systems;
--$100,000 for the City of Elizabeth, NJ, Law Enforcement
Communication Interoperability Enhancement;
--$880,000 for the City of Radcliff Law Enforcement
Equipment, KY;
--$1,000,000 for the City of Reading, PA, Integrated
Geographic Information System;
--$900,000 for the City of Rockville, MD, COPS Technology
Grant;
--$250,000 for the City of St. Joseph and Heartland Health
Law Enforcement Communication System, MO;
--$150,000 for the Clarion County, PA, Geographic Information
System;
--$300,000 for the Communications Upgrades, City of
Indianapolis;
--$1,000,000 for the continuation of digital radio
conversion, NH;
--$300,000 for the Boone County, IL Sheriff's Department for
law enforcement technology;
--$960,000 for the Corpus Christi Radio Communications and
Security Equipment, TX;
--$750,000 for the Criminal Information Sharing Alliance
Network/Idaho State Police;
--$1,000,000 for the Delaware State Police, Automatic
Fingerprint Identification System;
--$150,000 for the Derry Township, PA, Police Department;
--$200,000 for the Dona Ana County, NM, Command Post Vehicle;
--$250,000 for the Otsego County, NY, 911 Digital Upgrade;
--$500,000 for the Downriver Mutual Aid communications
equipment, MI;
--$1,000,000 for the ECU Center for Excellence--Criminal
Justice, OK;
--$1,000,000 for the El Paso, TX, Interoperability;
--$1,000,000 for the emergency communications capability
upgrades in Stamford, CT;
--$100,000 for the enforcement of crime identification
assistance for the City of Kodiak, AK;
--$1,000,000 for the Extend Radio System, WY;
--$1,000,000 for the Fargo, ND, Interoperable Communications
System;
--$200,000 for the Greenville County, SC, Communications
Interoperability System;
--$250,000 for the Hopkinsville-Christian County--Pennyrile
Narcotics Task Force Partnership Equipment, KY;
--$1,172,000 for the Hudson County, NJ, Law Enforcement
Technology;
--$225,000 for the Huntington Beach, CA, Emergency Operations
Equipment;
--$350,000 for the Huntsville, AL, Police Department
Equipment Upgrades;
--$100,000 for the In-Car Video Deployment, City of Martin,
TN;
--$400,000 for the Interagency Communications in GA;
--$4,000,000 for the Interagency Communications
Interoperability System [ICIS] in CA;
--$500,000 for the Internet Scale Event and Attack Generation
Environment at ISU;
--$1,000,000 for the Iowa State Patrol TraCS software;
--$205,000 for the Jasper County, SC, Technology Upgrades;
--$475,000 for the Jefferson County Commission, AL for video
conferencing equipment for the Jefferson County
Criminal Justice Center;
--$240,000 for the Jefferson County, CO, COPLINK;
--$1,600,000 for the Johnson County, KS, Sheriff's Office;
--$176,000 for the Kansas Attorney General, Equipment;
--$148,000 for the Kansas Bureau of Investigation, Mobile
Data Terminals;
--$600,000 for the Keene State College/UNH public safety
management system;
--$2,500,000 for the Land Mobile Radio migration for a multi-
agency communications network in AK;
--$1,750,000 for the Land Mobile Radio site infrastructure
equipment and portable radios for the Kenai Peninsula
Borough, AK;
--$1,750,000 for the Land Mobile Radio/Public Safety
Communications for Anchorage Infrastructure, AK;
--$480,000 for the Las Cruces, NM, Communications
Infrastructure;
--$1,500,000 for the Las Vegas, NV, Metropolitan Police
Department Communications System;
--$3,000,000 for the Southeast National Law Enforcement
Technology Center for the Low Country Information
Technology Improvement Project Phase III;
--$500,000 for the Las Vegas, NV, Metro Police Department--
Identity Theft Center;
--$2,500,000 for the Louisville Kentucky Metrosafe Program;
--$1,000,000 for the Lubbock Police Technology Upgrades, TX;
--$1,000,000 for the Macomb County, MI, Wireless voice
communications system;
--$1,000,000 for the Massachusetts Law Enforcement Technology
and Training Support Center;
--$1,750,000 for the Matanuska Susitna Borough Emergency
Response Radio Network, AK;
--$160,000 for the Mayfield Police Department Equipment, KY;
--$1,000,000 for the Mecklenburg County, NC, Criminal Justice
Information System;
--$750,000 for the Miami-Dade County, FL, Law Enforcement
Technology Enhancements;
--$100,000 for the Middlebury, VT, Police Technology Grant;
--$1,500,000 for the Midwest Forensics Resource Center, IA;
--$500,000 for the Milwaukee Police Department Mobile Two-
Finger ID System, WI;
--$1,450,000 for the Mobile computers for Wasilla Police
squad cars, AK;
--$386,250 for the Montana Supreme Court Video Conferencing;
--$1,400,000 for the Montgomery County, MD, Police Department
for National Capital Region Criminal Identification
System Update;
--$500,000 for the New Castle County, DE, Police Department,
for an upgraded records management system;
--$375,000 for the Newport, RI, Area Interoperable
Surveillance Network;
--$900,000 for the North East Minnesota Enforcement and
Safety Information System [NEMESIS];
--$425,000 for the Oglala Sioux Tribe, South Dakota--
technology & equipment;
--$750,000 for the Orleans Parish Information Sharing and
Integrated System Project, New Orleans;
--$200,000 for the Osceola County, FL, Unified Public Safety
Communications Center;
--$500,000 for the Pasco County, FL, Sheriffs Office
Communications Technology Upgrade;
--$2,000,000 for the Pierce County, WA, Police Rapid Mobile
Response Network;
--$200,000 for the Providence, RI, Police Department
Technology;
--$300,000 for drug impairment pupillometer technology in IL;
--$1,250,000 for the Records Interoperability through CATlab
in NH;
--$2,250,000 for the Regional Law Enforcement Communications
System, City of Memphis and Shelby County;
--$900,000 for the Rural Utah Law Enforcement Tech Program;
--$1,000,000 for the San Joaquin County, CA, Emergency
Operations Communications Center;
--$100,000 for the Simpson County 911 Center, KY;
--$200,000 for the Smithfield, RI, Police Department
Emergency Management Operation Center;
--$350,000 for the Snohomish County, WA, Sheriff Palm AFIS
System;
--$1,000,000 for the Solano County, CA, Radio
Interoperability Project;
--$3,760,000 for the South Carolina Judicial Department Case
Docket System;
--$500,000 for the South Dakota Sheriffs' Association and
South Dakota Police Chiefs' Association;
--$1,500,000 for the Southaven Police Department--radios/
equipment in MS;
--$1,000,000 for the Southeast National Law Enforcement and
Technology Center for the deployment of shot spotter
technology;
--$1,000,000 for the St. Clair County, Michigan, Sheriff's
Department Communications towers and equipment
upgrades;
--$2,000,000 for the State of New Mexico State Police;
--$3,000,000 for the State of South Dakota/Division of
Criminal Investigation;
--$1,000,000 for the Statewide Computer Aided Dispatch [CAD]
System, NE, State Patrol;
--$3,000,000 for the statewide implementation of public
safety technology through University of New Hampshire;
--$250,000 for the Technology Upgrades for the Williamson
County, IL, Sheriff's Department;
--$90,000 for the Town of Brookfield Police Department
Technology Upgrades, WI;
--$400,000 for the Town of North Hempstead, NY, Police
Department 311 Communication Management System;
--$265,000 for the Training Academy Driver Simulator for the
State of Alaska;
--$2,000,000 for the Training Village Public Safety Officer
in the State of Alaska;
--$1,000,000 for the VeriTracks Georgia;
--$500,000 for Voice Viewer Technologies and Law Enforcement
in WY;
--$60,000 for the Westchester County, NY, Police Department
Interagency Radio Interconnect;
--$2,000,000 for the Western Forensic Science and Law
Enforcement Training Center in CO;
--$500,000 for the Wilmington, Delaware Police Department for
radio and dispatch system upgrades;
--$400,000 for the Wireless High Speed Network for Prince
George's County, MD;
--$750,000 for the Yazoo City, MS, Police Department;
--$2,500,000 for the State of Colorado digital trunkid radio
system;
--$4,000,000 for the Southeast National Law Enforcement
Technology Center for the Backscatter and high-energy
technology transmission x-ray technology; and
--$155,000 for the Churchill County, Nevada Sheriff's Office
Interoperability Communication Project.
COPS Interoperable Communications Technology Program.--The
Committee recommends $100,000,000 to continue COPS
Interoperable Communications Technology Program, being designed
and implemented by the COPS office, in consultation with NIJ's
OS&T, as well as BJA. The Committee commends the COPS office
for its coordination with other Federal agencies dealing with
public safety interoperability. The Committee believes
coordination of Federal efforts is critical to ensure our
Nation's safety and a necessity to not fall victim to the
pitfalls of the past.
The Committee strongly supports the need for minimum
standards for law enforcement communications technology.
Therefore, OS&T should continue to assist COPS in incorporating
existing minimum standards into the formulation of this grant
program. The Committee also provides, within available amounts,
$5,000,000 to be transferred to NIST to continue the efforts of
OLES regarding the development of a comprehensive suite of
minimum standards for law enforcement communications.
The Committee commends the Institute for Telecommunication
Sciences [ITS] in Boulder, Colorado, for all their efforts and
contributions to the public safety communications statement of
requirements. Their contributions were critical in addressing
the many issues plaguing public safety organizations for
decades.
Interoperable Standards.--Over a decade ago, APCO Project
25 was established through a joint effort of Public Safety
First Responders, U.S. Industry, and elements of the Federal
Government to provide the public safety community with
interoperable, spectrally-efficient, economically-priced,
digital radios capable of providing a variety of operationally
required functions and features, including backward
compatibility with existing analog land mobile radios.
The Project 25 suite of Standards, being developed with the
technical assistance of the Telecommunications Industry
Association [TIA] Standards Committee TR-8, is intended to
satisfy defined user needs, allow multiple vendors to
manufacturer some or all components of the Project 25 system at
their discretion, and to ensure that components produced by
many sources will interoperate.
The timely completion of the Project 25 standards for all
of the relevant communications systems equipment is essential
to the public safety community. The Committee is concerned that
the functional standards that specify key Project 25 system
interfaces (such as the Inter-RF Subsystem Interface [ISSI],
Console Interface, and the Fixed Station Interface) have not
been developed or approved, as well as the standards that
define how the interfaces should be tested and evaluated.
The Committee encourages the Office of Law Enforcement
Standards [OLES] of the National Institute of Standards and
Technology to work with the Advanced Generation of
Interoperability for Law Enforcement [AGILE] within the
National Institute of Justice and the Wireless Public SAFEty
Interoperability COMmunications [SAFECOM] Program, SAFECOM
Program within the Department of Homeland Security to consider
the issuance of interim standards that can be used to specify
the required functionality and testing validation
characteristics.
Crime Identification Technology Act.--The Committee
recommends $35,000,000 to be used and distributed pursuant to
the Crime Identification Technology Act of 1998, Public Law
105-251, of which $5,000,000 is to be transferred to the NIJ to
develop technologies to improve school safety.
Within the overall amounts recommended, the OJP should
examine each of the following proposals, provide grants if
warranted, and submit a report to the Committees on its
intentions for each proposal:
--$2,750,000 for the Harrison County Public Safety Automated
Systems in MS;
--$950,000 for the City of St. Paul/Ramsey County co-location
of public safety equipment in MN;
--$1,483,500 for the North Carolina Supreme Court Security;
--$1,000,000 for the MAGIC Pegasus Project for the Jefferson
County Sheriff in AL;
--$616,500 for the Case and Document Management in MT;
--$225,000 for the Marion County, MS, Sheriff's Department--
Equipment;
--$300,000 for the Pascagoula, MS, Police Department--
Equipment;
--$2,500,000 for the Alaska Court System Information Network;
--$525,000 for the Marshall University Computer Forensics in
WV;
--$4,000,000 for the Marshall University Forensic Science DNA
Lab in WV;
--$4,000,000 for the West Virginia University Forensic
Science Initiative;
--$600,000 for the Vermont Incident Based Reporting System;
and
--$11,050,000 for the South Carolina Judicial Department case
document system.
DNA Backlog Elimination.--Within the amount provided,
$20,000,000 is available for Paul Coverdell Forensics Sciences
Improvement grants.
Within the overall amounts recommended for the DNA Backlog
Elimination Programs, OJP should examine each of the following
proposals, provide grants if warranted, and submit a report to
the Committees on its intentions for each proposal:
--$1,000,000 for the Brown University Nanotechnology DNA
Sequencing in RI;
--$56,250 for the Crime Scene Analysis, Delaware County, IN;
--$225,000 for the Crime scene examination enhancement for
the State of Alaska;
--$200,000 for the DNA Education and Training for Arkansas
Law Enforcement Community;
--$750,000 for the El Paso Regional Lab in TX;
--$1,000,000 for the Equipment and Planning for the Vermont
Forensics Laboratory;
--$1,000,000 for the Forensic DNA Analysis Lab at North
Dakota University;
--$500,000 for the Forensic Science Lab at the University of
Baltimore, MD;
--$355,000 for the Fulton County District Attorney's Cold
Case Unit in IL;
--$819,000 for the Greater Columbus Area Crime Fighting AFIS
Project in OH;
--$475,000 for the Greenville Tech Forensic/DNS Laboratory in
SC;
--$1,000,000 for the Honolulu PD Crime Lab in HI;
--$400,000 for the Marion County Meth Forensic Lab
Enhancement in OR;
--$1,000,000 for the Mississippi Crime Lab to Address
Forensic Backlog;
--$454,554 for the Northwest Ohio Regional Information System
AFIS;
--$500,000 for the Ohio BCI Laboratory System Improvement
Project;
--$1,250,000 for the Ohio BCI Palmprint AFIS Program;
--$625,000 for the Pikes Peak Metro Crime Lab DNA Laboratory
in CO;
--$1,000,000 for the Southeast Missouri State University;
--$750,000 for the Texas Tech Forensic Science Institute;
--$1,000,000 for the Fox Valley Technical College [FVTC] DNA
Training Initiative in WI;
--$500,000 for the University of Alabama at Birmingham
Forensic Science Education and Training program;
--$852,500 for the Utah Valley State College Forensic Science
Program;
--$650,000 for the Weber State University's Criminal Justice
Program in UT; and
--$250,000 for the Sam Houston State University, Texas,
Center for Forensic Sciences.
COMMUNITY CRIME PREVENTION
Safe Schools Initiative.--The Committee recommends
$5,000,000 for programs aimed at preventing violence in public
schools, and to support the assignment of officers to work in
collaboration with schools and community-based organizations to
address the threat of terrorism, crime, disorder, gangs, and
drug activities.
Within the amount provided, the COPS office should examine
each of the following proposals, provide grants if warranted,
and submit a report to the Committees on its intentions for
each proposal:
--$750,000 for the Alaska Community in Schools Mentoring
Program;
--$370,000 for the Granite School District Anti-Violence
Project in UT;
--$126,000 for the HOPE for Henderson Juvenile Justice in KY;
--$200,000 for the Martin Luther King, Jr. Center for Non-
Violence in PA;
--$500,000 for the School-Based Violence Prevention and
Mentoring in IL; and
--$1,250,000 for the Schools and Communities Coming Together
in MT.
Management and Administration.--Within the recommended
appropriation, the Committee recommends $35,000,000 for
Management and Administration [M&A] of all COPS programs.
JUVENILE JUSTICE PROGRAMS
Appropriations, 2004.................................... $348,989,000
Budget estimate, 2005................................... 362,477,000
Committee recommendation................................ 360,000,000
The Committee recommends an appropriation of $360,000,000.
The recommendation is $11,011,000 above the fiscal year 2004
funding level and $2,477,000 below the budget request.
The Committee recommendations are displayed in the
following table:
JUVENILE JUSTICE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Concentration of Federal efforts....................... 3,000
Formula Grants (Part B)................................ 85,000
Discretionary Grants (Part C).......................... 5,000
Research, Evaluation, TA and Training (Part D)......... 10,000
Developing New Initiatives (Part E).................... 80,000
Juvenile Mentoring Program (JUMP) (Part G)............. 15,000
At Risk Children Program (Title V)..................... 87,000
Tribal Youth....................................... [10,000]
Big Brother/Big Sister............................. [7,000]
Enforcing Underage Drinking Laws Program........... [25,000]
Gang Prevention.................................... [25,000]
Project Sentry..................................... 15,000
Secure Our Schools Act............................. 10,000
Project Childsafe.................................. 5,000
Victims of Child Abuse Act............................. 15,000
Juvenile Accountability Block Grants................... 30,000
----------------
Total, Juvenile Justice.......................... 360,000
------------------------------------------------------------------------
The Committee expects to be consulted prior to any
deviation from the above plan.
Within the amounts provided for Part E discretionary grants
and all of the other funds provided under Juvenile Justice
programs, the Committee directs Office of Juvenile Justice and
Delinquency Prevention [OJJDP] to provide the following grants:
--$900,000 for the Aces for Kids program in SC;
--$750,000 for the Alabama Council on Substance Abuse-NCADD;
--$2,000,000 for the Alaska Child Advocacy Center for a child
abuse investigation program;
--$600,000 for the Alaska Children's Trust child abuse
prevention program;
--$750,000 for the Alaska Mentoring Demonstration Project for a
statewide at-risk youth mentoring program;
--$1,000,000 for the Alaska Youth Courts;
--$500,000 for the Amistad America youth development programs
aboard Freedom Schooner Amistad in CT;
--$1,000,000 for the An Achievable Dream in VA;
--$2,000,000 for the Anaheim Learning Center in CA;
--$55,000 for the Bonnie Brae--National Conference on
Residential Outcomes in NJ;
--$600,000 for the Brookdale Community College for Project
OPTIMIST in NJ;
--$3,000,000 for the Cal Ripken, Sr., Foundation;
--$100,000 for the Child Protection Program/Nez Perce Tribe,
Lapwai, ID;
--$602,000 for the Child Support Enforcement Incentives in AK;
--$700,000 for the Children & Families First of DE;
--$150,000 for the Children in Crisis in SC;
--$750,000 for the City of Charlotte Gang of One Pilot Program
in NC;
--$100,000 for the Clinton County, Pennsylvania Action Team
Against Drugs;
--$200,000 for the Colton Police Activities League [PAL]
Program in CA;
--$200,000 for the Computer Corp Skills and Knowledge Acquired
Toward Enhancing Success in NV;
--$325,000 for the Court Teams for Maltreated Infants and
Toddlers;
--$1,500,000 for the Crimes Against Children Research Center at
the University of New Hampshire;
--$500,000 for the Dakota Boys Ranch Mentoring Program in ND;
--$500,000 for the Daniel Webster Boy Scout Council, outdoor
education;
--$500,000 for the Drug Endangered Children program in IA;
--$60,000 for the Eau Claire County Restorative Justice Program
in WI;
--$4,000,000 for the Eisenhower Foundation youth safe havens;
--$750,000 for the Families and Schools Together [FAST] in
Wisconsin;
--$3,000,000 for the Life Skills Training Program in Saint
Augustine, FL;
--$400,000 for the Generations of Hope program in IL;
--$2,000,000 for the Girl Scouts Beyond Bars and PAVE programs;
--$1,500,000 for the Girls and Boys Town USA;
--$3,000,000 for the Hawaii Rural Youth Outreach Program;
--$100,000 for the Horizons for Youth program in IL;
--$1,240,000 for the Iowa Mentor Center for a rural mentoring
program in partnership with Big Brothers Big Sisters;
--$550,000 for the Jackson, MS, Juvenile Justice & Delinquency
Prevention Program;
--$5,000,000 for the Junior Achievement;
--$400,000 for the Juvenile Fire Setters Prevention Program;
--$1,135,000 for the Juvenile Justice Information System in HI;
--$100,000 for the Juvenile Justice Program Enhancement in UT;
--$150,000 for the Juvenile Justice Work Program in UT;
--$1,900,000 for the Law-related education;
--$300,000 for the Lea County Juvenile Correction Facility in
NM;
--$128,000 for the Lonesome Pine Office on Youth in VA;
--$3,000,000 for the Los Angeles Community Law Enforcement and
Recovery Program [CLEAR];
--$600,000 for the Louisiana Children's Advocacy Centers;
--$100,000 to the Louisiana Center Against Poverty for the Save
Our Sons and Daughters Program;
--$2,000,000 for the Low Country Children's Center in SC;
--$350,000 for the Marion Co. Children of Incarcerated Parents
Initiative in OR;
--$300,000 for the Milwaukee Summer Stars program in WI;
--$500,000 for the MO Juvenile Justice Labs;
--$225,000 for the Morning Star Ranch, Florence, KS;
--$2,000,000 for the National Council of Juvenile and Family
Court Judges;
--$125,000 for the Native American Liaison at the Child and
Family Intervention Center in Billings, MT;
--$250,000 for the Nevada Child Seekers;
--$100,000 for the New Hampshire Expansion of the Go Girl Go
program;
--$425,000 for the New Mexico Police Athletic League;
--$250,000 for the Omaha Out-of-School/After School Program In
NE;
--$300,000 for the Our Club Program in AR;
--$750,000 for the Outdoor Education Center project, Harpers
Ferry, WV;
--$300,000 for the Washington County Youth Service Bureau, VT;
--$950,000 for the Rhode Island Court Truancy Court Program;
--$100,000 for the S.A.F.E. House Domestic Violence Counseling
Center in NV;
--$500,000 for the San Jose, B.E.S.T At-Risk Youth and Anti-
Gang Program in CA;
--$200,000 for the South Dakota Community Foundation;
--$350,000 for the State of New Mexico--Juvenile Offenders;
--$1,250,000 for the Teens, Crime and the Community;
--$250,000 for St. John's University School of Law Child
Advocacy Clinic, NY;
--$250,000 for the University of Southern Mississippi--
Citizenship and Justice Academy;
--$350,000 for the USM Family Network Partnership Program;
--$1,000,000 for the Western Kentucky University Spotlight
Youth Program;
--$750,000 for the Winona State University Child Protection/
Training Center in Minnesota;
--$750,000 for the Women In Support of the Million Man March in
Newark, NJ;
--$1,500,000 for the Youth Advocates Programs in SC;
--$1,000,000 for the Youth Violence Prevention Research in AL;
--$325,000 for the Zero to Three--Court Teams for Maltreated
Infants and Toddlers in NJ;
--$1,500,000 for the ``I Have a Dream'' Foundation; and
--$200,000 for the Fort Worth Comin' Up Gang Violence
Prevention, TX.
Enforcing the Underage Drinking Laws Program.--Within the
funds provided in the At Risk Children Program (Title V), the
Committee provides $25,000,000 for grants to assist States in
enforcing underage drinking laws.
Victims of Child Abuse Act.--The Committee recommends
$15,000,000 for the various programs authorized under the
Victims of Child Abuse Act [VOCA]. Within the funds provided,
$9,000,000 shall be for Regional Child Advocacy Centers
Programs.
PUBLIC SAFETY OFFICERS BENEFITS
Appropriations, 2004.................................... $52,022,000
Budget estimate, 2005................................... 55,464,000
Committee recommendation................................ 68,615,000
The Committee recommends an appropriation of $68,615,000.
The recommendation is $16,593,000 above the fiscal year 2004
funding level and $13,151,000 above the budget request. The
recommendation provides $63,000,000 for all mandatory funding
for death benefits under the Public Safety Officers Benefits
Program. This program provides a lump-sum death benefit payment
to eligible survivors of Federal, State, and local public
safety officers whose death was the direct and proximate result
of a traumatic injury sustained in the line of duty. In
addition, $3,615,000 is provided to pay for disability benefits
to public safety officers who are permanently disabled in the
line of duty. Further, $2,795,000 is available for the program
which provides payments for education purposes to the
dependents of Federal, State, and local public safety officers
who are killed or permanently disabled in the line of duty.
General Provisions--Department of Justice
The Committee recommends the following general provisions:
Section 101 makes up to $60,000 of the funds appropriated
to the Department of Justice available for reception and
representation expenses.
Section 102 prohibits the use of funds in this title to pay
for an abortion except where the life of the mother would be in
danger.
Section 103 prohibits the use of funds in this title to
require a person to perform or facilitate an abortion.
Section 104 requires female prisoners to be escorted when
off prison grounds.
Section 105 allows the Department of Justice, subject to
the Committee's reprogramming procedures, to transfer up to 5
percent between appropriations, but limits to 10 percent the
amount that can be transferred into any one appropriation.
Section 106 includes language regarding additional funding
for Project Seahawk.
Section 107 includes language regarding additional funding
for San Juan, Puerto Rico.
Section 108 makes permanent a Personnel Management
Demonstration Project.
Section 109 provides authority for the Bureau of Alcohol,
Tobacco, Firearms and Explosives to use confiscated funds
during undercover operations.
Section 110 amends Title 31 of the United States Code to
provide protection for the Bureau of Alcohol, Tobacco, Firearms
and Explosives Director.
Section 111 requires the Bureau of Prisons to execute their
financial plan as reflected in this report.
Section 112 directs the Bureau of Prisons to work with the
Federal Public Defender on a pilot program.
Section 113 limits the placement of maximum or high
security prisoners to appropriately secure facilities.
Section 114 restricts Federal prisoner access to certain
amenities.
Section 115 restricts funding for the construction or
leasing of a building for an interim Federal Bureau of
Investigation Central Records Complex until the approval of a
permanent site-selection report.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
The Committee recommends a total of $6,919,139,000 for the
Office of the United States Trade Representative, the
International Trade Commission, the National Intellectual
Property Law Enforcement Coordination Council, and the
Department of Commerce. The recommendation is $976,360,000
above the fiscal year 2004 funding level and $861,150,000 above
the budget request.
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
Office of the United States Trade Representative
SALARIES AND EXPENSES
Appropriations, 2004.................................... $41,552,000
Budget estimate, 2005................................... 39,552,000
Committee recommendation................................ 41,552,000
The Committee recommends an appropriation of $41,552,000
for the Office of the United States Trade Representative
[USTR]. The recommendation is identical to the fiscal year 2004
funding level and $2,000,000 above the budget request. In
addition, the Committee transfers $5,000,000 from a separate
heading in this bill for activities relating to intellectual
property protection and enforcement, bringing the total amount
available to USTR to $46,552,000.
The USTR is responsible for developing and coordinating
United States international trade, commodity, and direct
investment policy, and leading negotiations with other
countries on such matters. Its areas of responsibility include
all matters relating to the World Trade Organization, including
implementation of the Uruguay Round of multilateral trade
agreements; trade, commodity, and direct investment matters
dealt with by certain international institutions; industrial,
agricultural and services trade policy; and trade-related
intellectual property protection and environmental issues.
The foreign policy agenda of the United States is
increasingly influenced by economic and trade issues. This is
due largely to the growth of the global market economy and the
pursuit of open markets and free trade. Regardless of the
cause, trade negotiations and market access for American goods
and services now represent an integral component of United
States' relations with other countries. The Office of the USTR
has become, and will remain for the foreseeable future, an
integral component and essential interagency coordinator in the
development of trade policy and American diplomacy abroad. The
Committee recommended funding level acknowledges this important
role.
Chief Negotiator for Intellectual Property Enforcement.--
The bill includes language establishing a new position of Chief
Negotiator for Intellectual Property Enforcement. This position
shall be responsible for Intellectual Property issues in all
trade agreements. In addition, this position will be the USTR
representative on the National Intellectual Property Law
Enforcement Coordination Council [NIPLECC]. Within the funds
made available for the USTR, $5,000,000 is for the creation,
operations, and activities of the Office of the Chief
Negotiator for Intellectual Property Enforcement.
World Trade Organization.--The Committee is aware of the
World Trade Organization [WTO] Appellate Body's January 16,
2003, ruling regarding the Continued Dumping and Subsidy Offset
Act. The Committee directs USTR, in consultation with the
Department of Commerce, to continue to negotiate within the WTO
to seek express recognition of the existing right of WTO
Members to distribute monies collected from antidumping and
countervailing duties. The agency shall consult with and
provide regular reports, every 60 days, to the Committees on
Appropriations.
NATIONAL INTELLECTUAL PROPERTY LAW ENFORCMENT COORDINATION COUNCIL
Appropriations, 2004....................................................
Budget estimate, 2005...................................................
Committee recommendation................................ $20,000,000
The Committee recommends an appropriation of $20,000,000.
The recommendation is $20,000,000 above the fiscal year 2004
funding level and $20,000,000 above the budget request.
The mission of the National Intellectual Property Law
Enforcement Coordination Council [NIPLECC] is to coordinate
domestic and international intellectual property law
enforcement among Federal and foreign entities. NIPLECC is
comprised of representatives of all Federal agencies with
responsibility for protecting intellectual property and
enforcing intellectual property law. NIPLECC submits an annual
report on its activities, has developed a database of
intellectual property training programs available to developing
nations, and runs a public awareness campaign on piracy and
counterfeiting. It also develops legislative suggestions to
improve intellectual property laws relating to enforcement.
The recommendation includes language providing that the
NIPLECC shall establish policies, objectives, and priorities
concerning international intellectual property enforcement and
shall promulgate a strategy for protecting American
intellectual property overseas and shall update such strategy
annually. It shall coordinate and oversee implementation of
these policies, objectives, and priorities by agencies with
responsibility for protecting intellectual property and
enforcing intellectual property law. Within the amounts
provided under this heading, $5,000,000 is for the salaries and
expenses and other support costs of the NIPLECC.
The recommendation also includes language providing for the
creation of a Coordinator for International Intellectual
Property Enforcement (``the Coordinator'') to head NIPLECC. The
Coordinator shall be appointed by the President.
Within the amounts provided under this heading, $9,000,000
is for NIPLECC to conduct programs that enhance the enforcement
of international intellectual property law and of requirements
under international agreements relating to intellectual
property. Within 90 days of enactment of this Act, the
Coordinator shall submit to the Committees on Appropriations a
spending plan for this amount. If within 90 days of enactment
the President has not appointed a Coordinator, then the co-
chairs of the NIPLECC shall submit such a spending plan.
The recommendation includes language providing for a
transfer of $5,000,000 to the Office of the United States Trade
Representative to establish a position of Chief Negotiator for
Intellectual Property Enforcement and $1,000,000 to the
Department of State to establish the Office of International
Intellectual Property Protection and Enforcement.
International Trade Commission
SALARIES AND EXPENSES
Appropriations, 2004.................................... $57,682,000
Budget estimate, 2005................................... 61,700,000
Committee recommendation................................ 61,700,000
The Committee recommends an appropriation of $61,700,000.
The recommendation is $4,018,000 above the fiscal year 2004
funding level and identical to the budget request.
The International Trade Commission [ITC] is an independent,
quasi-judicial agency responsible for conducting trade-related
investigations, providing Congress and the President with
independent technical advice relating to United States
international trade policy, and performing other statutory
responsibilities such as quasi-judicial determinations on trade
matters filed with the Commission.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
Appropriations, 2004.................................... $378,102,000
Budget estimate, 2005................................... 393,513,000
Committee recommendation................................ 393,513,000
The Committee recommends an appropriation of $393,513,000.
The recommendation is $15,411,000 above the fiscal year 2004
funding level and identical to the budget request.
The Committee recommendations, by function, are displayed
in the following table:
ITA FUNDING
[In thousands of dollars]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Trade development...................................... 49,509
Market access and compliance........................... 41,087
Import Administration.................................. 71,044
U.S. and Foreign Commercial Service.................... 213,865
Administration/Executive Direction..................... 26,008
Offsetting Fee Collections............................. (8,000)
----------------
Total ITA........................................ 393,513
------------------------------------------------------------------------
Trade Development.--The Committee recommends an
appropriation of $49,509,000 for Trade Development. The
recommendation includes $10,000,000 for the National Textile
Center, $3,000,000 for the Textile/Clothing Technology
Corporation, and $500,000 for the Kansas City Smart Port.
Market Access and Compliance.--The Committee recommends an
appropriation of $41,087,000 for Market Access and Compliance.
The Committee recommends $2,000,000 within available funds
for ITA to continue to place and maintain support for
compliance officers in China, Japan, and the European Union,
and other key markets so that they can detect and swiftly
address compliance problems United States companies face in
these markets.
Full funding is recommended for the BISNIS program.
Import Administration.--The Committee recommends an
appropriation of $71,044,000. The recommendation includes
$2,000,000 for the Import Administration to continue to place
and maintain overseas enforcement officers, and to monitor
compliance with the World Trade Organization and other
international commitments on antidumping and subsidies.
The Committee recommendation includes $4,500,000 for the
Import Administration to monitor import data and customs flows
for surges in key markets and sectors, such as steel and
lumber, and take immediate action when such surges are
detected. Such action should include using resources to
expedite unfair trade cases so United States-based companies
can receive relief at the earliest possible date. In addition,
the Import Administration must vigorously monitor foreign
subsidies so that action can be taken if the subsidies violate
trade agreements.
United States and Foreign Commercial Service [US&FCS].--The
Committee recommends an appropriation of $213,865,000.
The Committee supports the Commercial Service's work on the
Appalachian-Turkish Trade Project, a project to promote
opportunities to expand trade, encourage business interests,
stimulate foreign studies, and build a lasting and mutually
meaningful relationship between the Appalachian States and the
Republic of Turkey, as well as the neighboring regions, such as
Greece. The Committee expects US&FCS to support the project.
The Committee recommendation includes new bill language
transferring $4,539,000 to the Department of State for the
Capital Security Cost Sharing Initiative to provide for safe
and secure United States diplomatic facilities overseas. This
is identical to the budget request.
Clean Energy Technology Exports.--The Committee expects the
Department of Commerce to continue to fully participate in and
contribute to the Clean Energy Technology Exports [CETE]
Initiative, a nine-agency approach to help open international
energy markets and aid with the export of a range of United
States clean energy technologies.
Administration and Executive Direction.--The Committee
recommends an appropriation of $26,008,000.
Any changes to the funding levels provided for in this bill
and report, including carryover balances, are subject to the
standard reprogramming procedures set forth in section 605 of
this Act.
World Trade Organization.--The Committee is aware of the
World Trade Organization [WTO] Appellate Body's January 16,
2003, ruling regarding the Continued Dumping and Subsidy Offset
Act. The Committee directs the Department of Commerce, in
consultation with the Office of the U.S. Trade Representative,
to continue to negotiate within the WTO to seek express
recognition of the existing right of WTO Members to distribute
monies collected from antidumping and countervailing duties.
The agency shall consult with and provide regular reports,
every 60 days, to the Committees on Appropriations.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
Appropriations, 2004.................................... $67,486,000
Budget estimate, 2005................................... 76,516,000
Committee recommendation................................ 70,872,000
The Committee recommends an appropriation of $70,872,000.
The recommendation is $3,386,000 above the fiscal year 2004
funding level and $5,644,000 below the budget request.
The Bureau of Industry and Security [BIS] is the principal
agency involved in the development, implementation, and
enforcement of export controls for dual-use technologies. The
Export Enforcement Division detects, prevents, investigates,
and assists in the sanctioning of illegal dual-use exports.
Within the amount provided under this heading, $32,877,000
is for export administration, $33,995,000 is for export
enforcement, and $4,000,000 is for management and policy
coordination.
The Committees on Appropriations recently approved a
Department of Commerce reprogramming request from BIS allowing
them to broaden the scope of activities for inspections and
other activities related to national security. This
reprogramming was approved with the assurance that these new
activities were not previously funded by other agencies. The
Committee directs that the Director of BIS ensure that no funds
provided in the accompanying Act will be used for activities
funded by other agencies in previous budgets and report this to
the Committees on Appropriations no later than 45 days after
enactment of the accompanying Act.
Economic Development Administration
Appropriations, 2004.................................... $315,327,000
Budget estimate, 2005................................... 320,327,000
Committee recommendation................................ 315,483,000
The Committee recommends an appropriation of $315,483,000.
The recommendation is $156,000 above the fiscal year 2004
funding level and $4,844,000 below the budget request.
The Economic Development Administration [EDA] provides
grants to local governments and nonprofit agencies for public
works, planning, and other projects designed to facilitate
economic development. Funding amounts for the two
appropriations accounts under this heading are displayed below.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
Appropriations, 2004.................................... $285,083,000
Budget estimate, 2005................................... 289,762,000
Committee recommendation................................ 285,083,000
The Committee recommends an appropriation of $285,083,000.
The recommendation is identical to the fiscal year 2004 funding
level and $4,679,000 below the budget request.
The Committee recommendation provides funding of
$199,100,000 for public works grants (Title I), $22,667,000 for
planning assistance, $8,300,000 for trade adjustment
assistance, $45,731,000 for economic adjustment grants (Title
IX), $8,790,000 for technical assistance, and $495,000 for
research.
The Committee is aware of several proposals for economic
development or adjustment assistance and strongly urges EDA to
consider applications for the following proposals within
applicable procedures and guidelines and provide a grant, if
warranted: Colorado Hispanic Business Information Clearing
House and Entrepreneurial Development; Textile Clothing
Technology [TC\2\] Size USA; OK Development Center for Rural
Manufacturers; Utah State University Innovation Campus
Infrastructure Expansion; MO Women's Employment Network
Dimensions Program; University of Kentucky Product Development;
Montana State University Big Sky Initiative; Montana Tech
Economic Development Center; MT Kootenai River Broadband
Cooperative; University of Montana Tech Enterprise Center;
Boulder Conference Center Feasibility Study; Wrangell, AK,
Marine Manufacturing Center; WA Sastop Development Park; WA
Squalicum Waterway; Atlanta, GA, Civic Center; Arcadia, ME, Ice
Arena Construction Project; Northern Maine Tourism and
Recreation Resource Center; Idaho Business Clusters and Rural
Economic Development Project analysis; Idaho Comprehensive
Economic Planning, Nez Perce Tribe; Idaho Food Processing
Assistance for Rural Economic Development; Eastern Idaho
Fairgrounds Multi-Purpose Events Center; North American Free
Trade Youth Summit; Dayton, Ohio Development Coalition
Revolving Mezzanine Fund; Columbus, Ohio College of Art &
Design--Design, Technology, Art and Research Labs; Ohio MEMS
Association Microsystems Application Technology Center; Ohio
Instruments, Control, and Electronics, Cleveland State
University; OH Radio Frequency Identification Technology--
Development Research Corporation; Jackson County, NC, Economic
Development; NC Piedmont Triad Research Park; UT Indigenous
Community Enterprise Youth Development Account Program;
University of Texas Arlington Texas Manufacturing Center;
University of Nebraska--Kearney McCook Work Ethic Camp
Assessment; Oklahoma International Trade Association Center;
Ole Miss Innovation and Outreach Center; World Trade Center of
Greater Philadelphia; Huntingdon College, AL, Adult Degree
Completion Initiative; Troy State, AL University Center for
International Trade and Business; Tilamook County, OR, Digester
Rail Transportation; Mill Creek, OR, Industrial and Employment
Center; Benton County, OR, North Riverfront River Access;
Jackson County, OR, SOU Center for Excellence for Regional
Development; Lawrence County, PA, Millennium Park; City College
of San Francisco Welcome Back Project; Digester Rail
Transportation, OR; Electronic Permitting [E-Permits], OR;
Honomalino Irrigation Cooperative Project, HI; Ascension Parish
Infrastructure Funding, LA; InterTech Science Park
Infrastructure and Land Acquisition Initiative; Mobile
Workforce Development Laboratory, OR; Mott Community College
Workforce Development Institute for Simulation Technology;
North Dakota State University Research and Technology Park;
Newport Childcare Center, OR; Riveria Activity Center, OR;
Sawyer International Airport Building Improvements; Southern
Oregon University Center of Excellence for Regional
Development; and York College Campus Technology Enhancement
Project.
The Committee expects EDA to continue its efforts to assist
communities impacted by economic dislocations relating to
industry downswings as well as to assist communities impacted
by downturns due to environmental concerns. This includes the
timber, steel, and coal industries; communities impacted by
United States-Canadian trade-related issues; communities in New
England, the mid-Atlantic, Hawaii, and Alaska impacted by
fisheries regulations; and communities in the Southeast
impacted by downturns due to the North American Free Trade
Agreement [NAFTA].
SALARIES AND EXPENSES
Appropriations, 2004.................................... $30,244,000
Budget estimate, 2005................................... 30,565,000
Committee recommendation................................ 30,400,000
The Committee recommends an appropriation of $30,400,000.
The recommendation is $156,000 above the fiscal year 2004
funding level and $165,000 below the budget request.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
Appropriations, 2004.................................... $28,556,000
Budget estimate, 2005................................... 34,461,000
Committee recommendation................................ 31,555,000
The Committee recommends an appropriation of $31,555,000.
The recommendation is $2,999,000 above the fiscal year 2004
appropriation and $2,906,000 below the budget request.
Within amounts made available under this heading,
$1,000,000 is for the Minority Business Development Agency to
establish a national database of minority-owned businesses and
to gather data on Federal procurement opportunities for
minority-owned businesses. Also, within amounts made available
under this heading, $500,000 is for the Initiative on Asian
Americans and Pacific Islanders.
ECONOMIC AND INFORMATION INFRASTRUCTURE
Economic and Statistical Analysis
SALARIES AND EXPENSES
Appropriations, 2004.................................... $74,211,000
Budget estimate, 2005................................... 88,400,000
Committee recommendation................................ 81,764,000
The Committee recommends an appropriation of $81,764,000.
The recommendation is $7,553,000 above the fiscal year 2004
funding level and $6,636,000 below the budget request.
Economic and Statistical Analysis [ESA] encompasses the
collection, tabulation, and publication of a wide variety of
economic, demographic, and social statistics and provides
support to the Secretary of Commerce and other Government
officials in interpreting the state of the economy and
developing economic policy. The Bureau of Economic Analysis
[BEA] and the Under Secretary for Economic Affairs are funded
within this account.
The Committee recommends $75,362,000 for BEA and $6,402,000
for program support, as requested. The recommendation will
allow the BEA to improve the accuracy of its reports by
replacing extrapolated data with real-time monthly data from
retail outlets. This will provide data users more current
economic measures to make better informed business, monetary,
and fiscal decisions. In addition, the recommendation will
allow the BEA to conduct quarterly surveys to gather more
frequent and comprehensive data for the Nation's largest and
most volatile industries. The Committee acknowledges that the
BEA needs to accomplish these new initiatives in order to
remain adaptive to the dynamic United States economy.
Bureau of the Census
Appropriations, 2004.................................... $624,225,000
Budget estimate, 2005................................... 828,596,000
Committee recommendation................................ 605,768,000
The Committee recommends an appropriation of $605,768,000.
The recommendation is $18,457,000 below the fiscal year 2004
funding level and $222,828,000 below the budget request. The
Committee's recommendations for the Census Bureau accounts are
described in more detail in the following paragraphs.
SALARIES AND EXPENSES
Appropriations, 2004.................................... $192,761,000
Budget estimate, 2005................................... 220,425,000
Committee recommendation................................ 174,304,000
The Committee recommends an appropriation of $174,304,000.
The recommendation is $18,457,000 below the fiscal year 2004
funding level and $46,121,000 below the budget request. This
account provides for the salaries and expenses associated with
the statistical programs of the Bureau of the Census, including
measurement of the Nation's economy and the demographic
characteristics of the population. These programs are intended
to provide a broad base of economic, demographic, and social
information used for decision-making by governments, private
organizations, and individuals.
The Committee has provided funding for the key programs of
the Census Bureau. The Committee is particularly concerned that
reports on manufacturing and general economic and foreign trade
statistics are maintained and issued on a timely basis.
PERIODIC CENSUSES AND PROGRAMS
Appropriations, 2004.................................... $431,464,000
Budget estimate, 2005................................... 608,171,000
Committee recommendation................................ 431,464,000
The Committee recommends an appropriation of $431,464,000.
The recommendation is identical to the fiscal year 2004 funding
level and $176,707,000 below the budget request.
This account provides for the constitutionally-mandated
decennial census, quinquennial censuses, and other programs
which are cyclical in nature. Additionally, individual surveys
are conducted for other Federal agencies on a reimbursable
basis.
The Committee recommends $250,611,000 for the 2010
Decennial Census under the Demographic Statistics Program, of
which not less than $82,310,000 shall be for the Master Address
File/Topologically Integrated Geographic Encoding and
Referencing [MAF/TIGER] System.
For other programs under this account, the Committee
recommends $180,853,000.
National Telecommunications and Information Administration
Appropriations, 2004.................................... $51,061,000
Budget estimate, 2005................................... 21,407,000
Committee recommendation................................ 58,194,000
The Committee recommends an appropriation of $58,194,000.
The Committee recommendation is $7,133,000 above the fiscal
year 2004 funding level and $33,555,000 above the budget
request.
SALARIES AND EXPENSES
Appropriations, 2004.................................... $14,450,000
Budget estimate, 2005................................... 22,101,000
Committee recommendation................................ 21,583,000
The Committee recommends an appropriation of $21,583,000.
The recommendation is $7,133,000 above the fiscal year 2004
funding level and $518,000 below the budget request.
The Committee retains language from previous years allowing
the Secretary of Commerce to collect reimbursements from other
Federal agencies for a portion of the cost of coordination of
spectrum management, analysis, and operations. The Committee
directs the NTIA to leverage these funds to establish a
paperless system for spectrum issue resolution, certification,
satellite coordination, and frequency authorization.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING, AND CONSTRUCTION
Appropriations, 2004.................................... $21,769,000
Budget estimate, 2005................................... 2,538,000
Committee recommendation................................ 21,769,000
The Committee recommends an appropriation of $21,769,000.
The recommendation is identical to the fiscal year 2004 funding
level and $19,231,000 above the budget request. The Public
Telecommunications Facilities Planning and Construction [PTFPC]
program awards competitive grants that help public broadcasting
stations, State and local governments, Indian tribes, and
nonprofit organizations construct facilities to bring
educational and cultural programming to the American public
using broadcasting and non-broadcasting telecommunications
technologies. The primary focus of the PTFPC program has been
assisting public broadcasters in making the transition from
analog to digital broadcasting.
INFORMATION INFRASTRUCTURE GRANTS
Appropriations, 2004.................................... $14,842,000
Budget estimate, 2005...................................................
Committee recommendation................................ 14,842,000
The Committee recommends an appropriation of $14,842,000.
The recommendation is identical to the fiscal year 2004 funding
level and $14,842,000 above the budget request. The Committee
directs the NTIA to limit eligibility for this program.
For the last 2 fiscal years, the Administration has slated
the Technology Opportunities Program [TOP] for elimination. The
reason for the elimination, according to the Department, is
that the program has fulfilled its mission. However, there are
great numbers of Americans that could benefit from the TOP
program. The Committee therefore recommends continued funding
for this program.
The Regional Information Sharing System [RISS] program
under the Department of Justice provides technology support
funding for law enforcement entities. The Committee
recommendation therefore prohibits law enforcement entities
eligible to receive funding under the RISS program from
applying for TOP funds. The Committee expects NTIA to give
preference to applications from consortia for which no other
funding source exists.
United States Patent and Trademark Office
SALARIES AND EXPENSES
Appropriations, 2004.................................... $1,222,460,000
Budget estimate, 2005................................... 1,523,407,000
Committee recommendation................................ 1,544,754,000
The Committee recommends total budgetary resources of
$1,544,754,000. The recommendation is $322,294,000 above the
fiscal year 2004 funding level and $21,347,000 above the budget
request.
The recommendation includes language that raises the amount
of fees the United States Patent and Trademark Office [USPTO]
may collect by $208,754,000. These additional funds are
necessary for USPTO to fully implement the Twenty-First Century
Strategic Plan and to put an end to the pendency problems that
have plagued the agency for so long, as discussed later in this
section.
The USPTO is charged with administering the patent and
trademark laws of the United States. USPTO examines patent
applications, grants patent protection for qualified
inventions, and disseminates technological information
disclosed in patents. USPTO also examines trademark
applications and provides Federal registration to owners of
qualified trademarks. The USPTO is subject to the policy
direction of the Secretary of Commerce, but the agency has
independent control of its budget, expenditures, personnel,
procurement and other administrative and management functions.
Patent laws administered by the USPTO encourage invention,
innovation, and investment. The USPTO plays a critical role in
promoting the continued development of intellectual property in
this country. For established companies, new patents improve
competitiveness, increase productivity, help bring new products
and services to market, and create jobs.
In fiscal year 2002, the Committee directed the USPTO to
develop a 5-year strategic plan. The USPTO answered this
directive with the Twenty-First Century Strategic Plan, which
was submitted to Congress in June, 2002. With the submission of
the Twenty-First Century Strategic Plan, the USPTO requested to
increase fees by more than $200,000,000 and to increase its
operating budget by 28 percent. The request for such budget
increases rests on the assumption that substantial additional
funding is necessary to enhance the quality of patent and
trademark examining and reduce pendency. The Committee has
questioned--and continues to question--the assumption that the
USPTO's past failure to attain these objectives was the result
of inadequate funding and that future ability to attain these
objectives is dependent upon the hiring of hundreds, if not
thousands, of additional personnel. Time will tell.
Intellectual Property.--In addition to the examination and
issuance of patents and trademarks, USPTO works to protect and
promote the protection of American intellectual property
domestically and overseas. Under the American Inventors
Protection Act of 1999 [AIPA], the USPTO is directed to advise
the President and all Federal agencies on National and
international intellectual property policy issues. The agency
is authorized by AIPA to provide guidance, conduct programs and
studies, and otherwise interact with foreign intellectual
property offices and international intergovernmental
organizations on matters involving the protection of
intellectual property. The Committee conducted hearings on the
United States' Federal efforts to combat privacy and
counterfeiting of American intellectual property in April 2004.
As discussed in the opening section of this statement, the
Committee has found our Federal efforts to be inadequate. The
recommendation therefore includes $20,000,000 for USPTO to
increase its efforts to ensure that governments in developing
and least developed countries are establishing regulatory and
enforcement mechanisms in order to meet their international
obligations relating to the protection of intellectual
property, and to assist them in these efforts. This funding
shall also be for USPTO to augment its compliance monitoring
activities and capabilities overseas.
Within the amount made available for USPTO, $990,000 is for
a grant to the Whittemore School of Business for an
intellectual property rights pilot project.
Any deviations from the funding distribution provided for
in this Act and in its accompanying statement, including
carryover, are subject to the standard reprogramming procedures
set forth in section 605 of this Act. In addition, 60 days
after the date of enactment of this Act, the USPTO shall submit
to the Committee a spending plan for fiscal year 2005. This
spending plan should incorporate all carryover balances from
previous fiscal years, describe any changes to the patent or
trademark fee structure, and demonstrate how funding available
to the USPTO in fiscal year 2005 will allow the agency to
achieve the objectives laid out in the Twenty-First Century
Strategic Plan.
SCIENCE AND TECHNOLOGY
Technology Administration
SALARIES AND EXPENSES
Appropriations, 2004.................................... $6,343,000
Budget estimate, 2005................................... 8,294,000
Committee recommendation................................ 6,407,000
The Committee recommends an appropriation of $6,407,000.
The recommendation is $64,000 above the fiscal year 2004
funding level and $1,887,000 below the budget request. The
recommendation does not provide funding for the Interagency
Global Positioning System Executive Board Secretariat or the
Office of Space Commercialization because the Committee
recommendation includes funding for these offices under the
National Oceanic and Atmospheric Administration where similar
activities relating to their mission are funded.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Appropriations, 2004.................................... $621,494,000
Budget estimate, 2005................................... 521,469,000
Committee recommendation................................ 784,963,000
The Committee recommends an appropriation of $784,963,000.
The recommendation is $163,469,000 above the fiscal year 2004
funding level and $263,494,000 above the budget request. The
recommendation provides that up to $14,800,000 may be
transferred from the Scientific and Technical Research and
Services account to the Working Capital Fund, which the
National Institute of Standards and Technology [NIST] uses to
purchase equipment for its laboratories.
In light of budgetary issues and recent reductions-in-
force, NIST is directed to consult the Committees on
Appropriations before proceeding with further implementation of
competitive outsourcing.
A description of each NIST account and the corresponding
Committee recommendation follows:
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
Appropriations, 2004.................................... $340,743,000
Budget estimate, 2005................................... 422,868,000
Committee recommendation................................ 383,892,000
The Committee recommends an appropriation of $383,892,000.
The recommendation is $43,149,000 above the fiscal year 2004
funding level and $38,976,000 below the budget request. The
recommendation provides the maximum funding deemed prudent for
this account to insure that NIST meets its mission.
The Committee's recommendations are displayed in the
following table with specific increases described:
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Electronics and Electrical Engineering.................. 49,191
Manufacturing Engineering............................... 23,584
Chemical Science and Technology......................... 43,542
Physics................................................. 41,515
Materials Science and Engineering....................... 60,424
Building and Fire Research.............................. 21,594
Computer Science and Applied Mathematics................ 65,660
Technology Assistance................................... 15,445
National Quality Program................................ 5,400
Research Support Activities............................. 57,537
---------------
Total, STRS....................................... 383,892
------------------------------------------------------------------------
Within the funds made available for Electronics and
Electrical Engineering, $7,000,000 is for the Office of Law
Enforcement Standards [OLES], of which $4,000,000 is to fund
the highest priority homeland security research projects.
Projects managed by OLES are to be coordinated with the
Department of Justice and the Department of Homeland Security.
In addition, $1,000,000 is for the nanoelectronics initiative
which supports the development of semiconductor technologies.
Within the funds made available for Manufacturing
Engineering, $2,000,000 is for the nanomanufacturing initiative
enabling critical infrastructural measurements and standards
for the developing nanotechnology industry.
Within the funds made available for Physics, $3,000,000 is
for quantum computing. The Committee strongly supports NIST's
Nobel Laureates' efforts in this area. The Committee believes
their leadership could provide a revolutionary breakthrough in
computing technology just as the transistor did over 50 years
ago.
Within the funds made available for Materials Science and
Engineering, $6,000,000 is provided for upgrades to the
National Center for Neutron Research in order to meet the
increasing demands for this national scientific resource.
Within the funds made available for Building and Fire
Research, $2,000,000 is for measurements and standards for
advanced fire fighting technologies. Numerous innovative
technologies are becoming available for the Nation's fire
departments. Unfortunately, there are few standard test methods
able to assess the performance of these instruments. These
devices represent a significant investment for the limited
budgets of most fire departments. The current lack of test
methodology forces fire departments to evaluate the performance
based on ``word of mouth'' and manufacturer literature.
Within the funds made available for Computer Science and
Applied Mathematics, $2,800,000 is for NIST's efforts in
support of the Technical Guidelines Development Committee, as
established under the Help America Vote Act, Public Law 107-
252. Additionally, the Committee acknowledges NIST's support of
the US VISIT program and other biometric programs at the State
and Justice Departments. As such, $2,000,000 is provided to
allow NIST to begin testing the accuracy of multimodal systems,
develop guidelines for testing single finger and slap
fingerprint segmentation methods, and determining the influence
of multiple images on the accuracy of facial biometrics. The
Nation's critical infrastructure is at constant risk due to
inadequate security which is subject to exploitation, including
the critical systems of the Federal Government. As such, NIST's
Computer Security Division has been given important authorities
and responsibilities by the Congress to conduct its mission of
developing Federal standards, security guidelines, security
checklists and associated methods and techniques for securing
information systems, specifically Federal non-classified
systems. These responsibilities are derived from the Federal
Information Security Management Act and the Cyber Security
Research and Development Act. Unfortunately, this important
mission has not received the funding it requires. To begin to
address this deficiency, the Committee recommendation includes
$10,000,000 to develop the standards, guidelines, security
specifications, testing methods, checklists, and testing and
scanning tools necessary to protect the Nation's cyberspace.
Within the funding for Research Support, an increase of
$1,533,000 is provided to the Competence program, $11,000,000
is provided to transfer to the NIST Working Capital Fund to
purchase equipment for the Advanced Measurement Laboratory, and
$10,000,000 is provided for Business Systems.
Chemical Science and Technology Study.--The Committee
understands that the current methods of bulk asbestos analysis
were designed to segregate commercial asbestos products
containing more than 1 percent asbestos and may be inadequate
for determining low concentrations of asbestos that occur in
the natural environment. The Committee is aware of private-
sector interest in developing a mass-based method that is
accurate to the 0.1-1 WT percent levels and which will
segregate asbestos from non-asbestos particles on mine-grade
samples of amphiboles and a method for distinguishing asbestos
and non-asbestos particles in airborne filter samples. The
Committee directs NIST to provide to the Committee not later
than January 31, 2005, a determination on whether developing
such a methodology is necessary, and if so, the process, cost,
and timetable for developing this methodology.
INDUSTRIAL TECHNOLOGY SERVICES
Appropriations, 2004.................................... $216,480,000
Budget estimate, 2005................................... 39,190,000
Committee recommendation................................ 315,000,000
The Committee recommends an appropriation of $315,000,000.
The recommendation is $98,520,000 above the fiscal year 2004
funding level and $275,810,000 above the budget request.
Manufacturing Extension Programs [MEP].--The Committee
recommends an appropriation of $112,000,000 to fully fund all
MEP centers. The recommendation is $72,393,000 above the fiscal
year 2004 funding level and $72,900,000 above the budget
request. The Committee also recommends bill language
prohibiting the Secretary of Commerce from recompeting any
existing Manufacturing Extension Center prior to 2007.
The Committee is aware of recent data indicating that in
2003 alone, MEP clients who had completed projects within the
prior 12 months reported increased sales of $953,000,000;
retained sales of $1,840,000,000; benefited from $681,000,000
in cost savings; and created or retained 35,028 jobs.
Meanwhile, as a result of the growing loss of American
manufacturing jobs in the last year, the Commerce Department
has proposed, over the past several months, a hodge-podge of
small new programs to assist manufacturers, yet has provided
very little support to the MEP center system which has a proven
record. The Committee believes that fully funding the MEP
centers is the most economical and prudent means of assisting
small manufacturers that want to remain in the United States
hiring American workers, and also want to stay competitive in
the global market place.
Of the funds recommended, $6,000,000 is provided to ensure
small and rural States receive necessary manufacturing
assistance and services. The Committee has reviewed the
Department of Commerce's report ``Manufacturing in America''
recommendations and is concerned that it is reorganizing the
MEP program around a regional approach. The Committee
recognizes that the original concept of 12 regional centers for
MEP is not the best model to address the needs of small and
medium-sized manufacturers. The Committee supported MEP's
expansion in order to equalize services to all types of
manufactures across the country. The Committee directs the
Undersecretary of Technology Administration and NIST to provide
the necessary coverage for small and medium-sized
manufacturers. In addition, the Committee is concerned about
the ability of small and rural States to provide adequate
``matching'' funds. The Committee directs MEP to develop a
program which will provide additional assistance to small and
rural States and report back to the Committees on
Appropriations by December 31, 2004, with an implementation
plan.
Advanced Technology Program [ATP].--The Committee
recommends an appropriation of $203,000,000. This
recommendation is $23,825,000 above the fiscal year 2004
funding level and $203,000,000 above the budget request. The
amount, when combined with $8,500,000 in prior year
deobligations and carryover, will fully fund ATP awards. Within
the amounts made available $60,700,000 is to be used to fund
new awards.
CONSTRUCTION OF RESEARCH FACILITIES
Appropriations, 2004.................................... $64,271,000
Budget estimate, 2005................................... 59,411,000
Committee recommendation................................ 86,071,000
The Committee recommends an appropriation of $86,071,000.
The recommendation is $21,800,000 above the fiscal year 2004
funding level and $26,660,000 above the budget request. The
recommendation funds the highest priority safety, capacity,
maintenance, and repair projects at NIST. Of the amounts
provided, $12,000,000 is for the next phase of the Central
Utility Plant, $3,800,000 is for the first phase of renovation
of Building 1, and $3,600,000 is to fully fund the renovation
of Building 4 at the Boulder, CO, Laboratory, thus enabling the
machine shop to be relocated from valuable scientific space.
The Committee does not recommend funding for the NIST North
relocation. The Committee has yet to receive the updated
facilities report required by last year's appropriation, which
would have provided detailed justification for the need of this
relocation. The Committee has, however, received adequate and
detailed information on the current state of disrepair of the
Boulder Laboratory and renovation plans for that facility. The
Committee understands the renovations in Boulder to be NIST's
highest priority projects and recommends that NIST address
these facilities. Additionally, within the amounts provided,
$19,171,000 is for safety, capacity, maintenance, and major
repairs. This funding is to be used to address the high
priority ``backlog'' maintenance projects, such as asbestos
abatement, site alarm system installation, environmental
compliance, and necessary repairs needed in the Congressional
Affairs Office.
Language is provided which will allow NIST to utilize the
depreciation and use surcharge it collects from outside sources
toward the repair and maintenance of its facilities. This
surcharge is collected pursuant to OMB Circular A-25 and is
currently returned to the Treasury's General Fund. OMB allows
agencies to propose other uses of the funding collected, as
such, NIST has proposed and had this language approved as part
of its legislative proposal. Since this proposal is directly
related to the appropriations of this account the Committee has
included the proposed language in the bill.
National Oceanic and Atmospheric Administration
(INCLUDING TRANSFERS OF FUNDS)
Appropriations, 2004.................................... $3,701,011,000
Budget estimate, 2005................................... 3,373,498,000
Committee recommendation................................ 4,141,793,000
The Committee recommends an appropriation of $4,141,793,000
for the National Oceanic and Atmospheric Administration [NOAA].
Of this amount, transfers total $60,000,000. The recommendation
is $440,782,000 above the fiscal year 2004 funding level and
$768,295,000 above the budget request. The Committee
recommendation disapproves the budget request which proposes to
terminate or significantly reduce almost $700,000,000 from
programs ranging from climate change to marine mammal
management to infrastructure support.
OCEAN COMMISSION INITIATIVE
NOAA is the Nation's lead civilian agency in science,
service and stewardship for the Earth's oceans and atmosphere.
The agency's importance was recently highlighted by the United
States Commission on Ocean Policy, the most comprehensive
review of ocean policy and programs in over 35 years. The
Committee's recommendations clearly highlight NOAA's diverse
and important programs, and call for the agency and its
programs to be strengthened and significantly expanded.
The Committee's recommended funding levels enhance and
improve a number of programs endorsed by the Commission. In
total, the Committee has recommended $454,297,000, an increase
above fiscal year 2004 funding level of $205,874,000 and
$239,075,000 above the budget request to support a number of
the NOAA programs highlighted by the Commission's report. The
Committee recommendations are provided in the following table:
COMMITTEE NOAA OCEAN COMMISSION INITIATIVE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Integrated Coastal & Ocean Observation System........... 74,650
Ocean Health Initiative................................. 20,000
National Sea Grant Program.............................. 73,906
NOAA Education Initiative............................... 21,907
Ocean Exploration/Undersea Research..................... 49,983
Marine Debris........................................... 7,500
International Fisheries Treaties/Negotiations and 5,000
Compliance.............................................
Marine Mammal Initiative................................ 12,000
Satellite Oceanography/Transition NASA Research Into 10,000
Operations.............................................
Vessel Days at Sea/Ship Maintenance..................... 115,351
Shipbuilding/Equipment and Technology................... 64,000
---------------
Total Ocean Commission Initiative................. 454,297
------------------------------------------------------------------------
Integrated Coastal and Ocean Observations.--The United
States Commission on Ocean Policy's report documents the
enormous national benefits from deploying an operational ocean
measurement and forecasting capability. The United States
maintains a robust and effective meteorological observing and
modeling capability for the atmosphere, but it largely lacks
the same capability for the marine environment. Ocean and
coastal observations and forecasting has not been a priority
for the United States in the past, for example a current
network of data buoys maintained by NOAA anchored offshore
America's coasts primarily measure the atmosphere and are
commonly referred to as marine ``weather'' buoys.
A true integrated system must coordinate and consolidate
data from stationary and drifting buoys, ships, satellites,
tide gauges, and other platforms, develop computer models, and
provide quality controlled data products on a real-time basis.
The Commission's report notes the many physical, chemical, and
biological variables that an integrated system needs to measure
on an operational basis. In short, the United States needs to
significantly improve its ability to measure and forecast the
oceans and especially the coastal oceans and environment. NOAA
needs to provide an oceans service for the Nation in the same
way it has for years provided a weather service.
The Committee commends the efforts that NOAA has made to
integrate various observational systems, and bring together
various Federal agencies and diverse regional systems that
often were deployed for research rather than operations. In
recognition that it is the only civilian Federal agency with
the technical expertise, background, and mission, the U.S.
Commission on Ocean Policy tasked NOAA as the lead agency for
development and deployment of a true National Integrated
Coastal and Ocean Observing System.
The Committee recommendation provides $74,650,000 for
development, management, deployment, and operation of a true
national Integrated Coastal and Ocean Observing System, an
increase of $47,649,000 above fiscal year 2004 appropriated
levels. The Committee notes that NOAA Oceans and Coasts/
National Ocean Service has the lead for creating this
capability, but this challenge will involve the combined
capabilities of all NOAA components. The Committee
recommendation includes procurement and operating funds, and
support for regional partners. The Committee recommendation
includes $13,000,000 for conversion of NOAA marine ``weather
buoys'' to carry and operate oceanographic sensors, and directs
that this be a joint effort between the NOAA Oceans and Coasts
and the National Data Buoy Center. Of the $32,000,000 provided
under the ``ICOOS'' line items in NOAA Oceans and Coasts, not
less than $2,000,000 is for coastal and ocean supercomputer
models developed jointly with the National Centers for
Environmental Prediction, Environmental Modeling Center.
The NOAA ICOOS amounts in the accompanying NOAA table are
for development of Federal capacity and are for deployment of
an operational system. This $32,000,000 is exclusive of support
the Committee has provided for specific regional and university
based systems, which also are depicted in the accompanying
detail table.
Oceans and Human Health.--The Ocean Commission report
acknowledges that the need to better understand the
relationship between oceans and human health is growing in
scientific and societal importance. Oceans and human health
research spans topics ranging from development of marine
pharmaceuticals, understanding causes and effects of harmful
algal blooms [HABs] and seafood contamination, to the
relationship of climate change on coastal and human health.
While the Committee has provided funding during the past 2
years for an ocean and human health initiative, recent Senate-
passed legislation (S. 1218, the Oceans and Human Health Act)
and the draft report of the United States Commission on Ocean
Policy have both validated the Committee's efforts and
recognized the need for additional Federal investment and focus
in this area. Specifically, the Commission recommended that
Congress establish and fund a national, multi-agency Oceans and
Human Health Initiative that would include support at NOAA and
other research agencies for expanded multidisciplinary research
on oceans and human health, such as development of new
compounds, expanded research in marine microbiology and
virology, and methods for monitoring and identifying pathogens
and chemical toxins in ocean water and seafood. The Commission
recommended a doubling of Federal ocean and human health
program funding to $28,000,000. The Committee has adopted this
recommendation with respect to NOAA, doubling the investment in
the NOAA Oceans and Human Health Initiative from $10,000,000 in
fiscal year 2004 to $20,000,000 in fiscal year 2005.
Ocean Exploration.--The United States Commission on Ocean
Policy calls for a significant expansion of NOAA's Ocean
Exploration [OE] Program. The Commission's position on Ocean
Exploration is quite similar to that put forward by the
President's Panel on Ocean Exploration issued in the fall of
2000.
On virtually every OE mission, scientists are discovering
new geographic features, resources and lifeforms. While the
United States space program ponders whether water exists on
other planets, it is clear that this planet is over 70 percent
ocean, and much of it remains to be explored. The Ocean
Commission and others estimate that 95 percent of the world's
ocean floor remains unexplored. As the Commission's report
noted:
``Given the importance of the ocean in human history and in
regulating climate change, guaranteeing food security,
providing energy resources, and enabling worldwide commerce, it
is astounding that we still know so little about it. This is
due primarily to the lack of a long-term, large-scale
commitment to ocean exploration. The ocean and its depths need
to be systematically explored to serve the interests of the
Nation and humankind.''
NOAA has operated an undersea research program focused on
several university centers since the early 1980's. Beginning in
2000, NOAA undertook a new Ocean Exploration initiative that
was intended to make competitive grant awards and to join with
new external partners in the exploration of the seas. The OE
initiative specifically focused on discovery-based submersible
missions, and from the beginning it made educational outreach a
central focus of the program. The Committee recommendation
supports the Commission's report and provides $49,983,000 for
NOAA Ocean Exploration, an increase of $18,800,000 above
current fiscal year 2004 levels, and $27,845,000 above the
fiscal year 2005 budget request. Of the total recommendation,
$30,983,000 is provided for the NOAA Ocean Exploration
initiative and $19,000,000 is provided for the National
Undersea Research Program (including the National Institute for
Undersea Science and Technology). In addition to the preceding
amounts, $2,000,000 is recommended for days at sea as well as
initial staffing of the new dedicated NOAA Ocean Exploration
Vessel.
Marine Debris.--The Committee has long been aware of the
need to address the pervasive problem of marine debris, which
includes a wide variety of objects generated by human
activities--from plastics and cigarette butts to vessel cargo
and derelict fishing gear. The dire threats posed by marine
debris to marine life, the marine environment and navigation
safety are compounded by the persistent nature of these
objects. While the long-term solution is prevention, the near
term approach must focus on identification, removal, and
reduction of these materials, and develop effective prevention
strategies. In recent years, the Committee has provided funds
targeted to a unique and remote ecosystem where debris from
distant shores and vessels have had deadly effects on
endangered marine mammal and bird species, as well as corals:
the Northwestern Hawaiian Islands [NWHI]. The NOAA-led program
for the NWHI cleanup was comprised of Federal, State, local,
and nongovernmental entities and has been hailed as a national
model for marine debris removal and recycling (fishing nets
provided cogenerated energy to local households). With concern
over the oceans increasing, the problem of marine debris is now
at the forefront of national concern, occupying an entire
chapter of the Preliminary report of the United States
Commission on Ocean Policy, and the sole focus of legislation
recently introduced in the Senate. The Committee recommendation
includes $7,500,000 for NOAA to undertake a national effort
focused on identifying, removing, reducing and preventing the
occurrence of marine debris, as recommended by the United
States Commission on Ocean Policy, with priority given to
identifying and reducing impacts on endangered, threatened or
protected species and sensitive habitats in United States
waters. The Committee directs the NOAA Administrator to work
with Federal, State, and local partners, including
nongovernmental entities in developing such a program, and seek
to increase the ranged and effectiveness of the program through
public/private matching.
NOAA Education Initiative.--The United States Commission on
Ocean Policy report and the recent National Science and
Technology Council report ``Science for the 21st Century''
highlight and endorse the important role that Federal mission
agencies have in education, especially in promoting science,
math, and environmental education for K-12 students. The
Commission noted: ``Although not all ocean-related Federal
agencies have a specific education mission, most have made
efforts to reach out to students, teachers, and the public to
inform them about ocean issues, sometimes by adding ocean-
related components to larger science and environmental
education efforts.''
NOAA along with National Aeronautics and Space
Administration [NASA] and the National Science Foundation [NSF]
plays a critically important role in promoting education and
environmental literacy. NOAA operates the respected Sea Grant
University program, and has developed outstanding outreach and
education programs in the Ocean Exploration, Marine
Sanctuaries, National Estuarine Research Reserve, and Minority
Serving Institution programs. Probably most impressive has been
grass roots efforts by NOAA employees/offices around the
Nation. For example, the NOAA National Weather Service forecast
office in Cheyenne, WY, developed the successful Women in
Science program that gained statewide recognition. The NOAA
Fisheries Southeast Regional Office and NOMAO Aviation
Operations Center have created environmental excellence
education programs in Pinellas County, FL. NOAA offices and
employees around the Nation have made similar efforts, and have
made a tremendous impact. NOAA also has effectively involved
external partners, such as the National Aquarium in Baltimore
and the National Marine Sanctuary Foundation, in outreach and
education programs for America's youth, including economically
disadvantaged students. In 2003, with congressional approval,
NOAA created an Office of Education in recognition that more
can and should be done.
The Committee recommendation includes increased funding to
further NOAA's educational outreach and results-oriented
approach. Funding for the Sea Grant program is recommended at
$73,906,000, an increase of $11,278,000 above fiscal year 2004
and $16,448,000 above the budget request. Funding for the
Minority Serving Institution [MSI] program is recommended at
$17,407,000, an increase of $2,407,000 above fiscal year 2004
and the budget request. The Committee commends the MSI program
and directs that it have not less than six FTE allocated and
filled. The Committee recommends that NOAA create an additional
center of excellence and seek to improve geographic and ethnic
diversity in its MSI program (no centers are currently located
west of the Mississippi River).
The Committee recommends an increase of $10,000,000 for the
NOAA Office of Education to provide innovative K-12
environmental education outreach programs that involve local
NOAA offices and partnerships. The Committee expects that NOAA
will inform the House and Senate Committees on Appropriations
not later than February 1, 2005, on how it allocated these
program funds and the specific initiatives undertaken. As part
of its overall NOAA education initiative, the Committee also
has included $1,000,000 to support the Ocean Science Bowl,
$2,500,000 for the JASON program, $3,500,000 for BWET programs,
and $500,000 for the Save Narragansett Bay education program.
Finally, the Committee has included bill language clarifying
NOAA's important role in elementary and secondary education.
Satellite Oceanography/Transitioning Research to
Operations.--The United States Commission on Ocean Policy,
National Academy of Sciences, and others have pointed to the
United States' poor record on transitioning remote sensing
research and development into operational Earth-observing
satellites. NASA is charged with Research and Development while
NOAA is charged with flying operational satellites to acquire
data on the Earth, the Earth's atmosphere, and oceans. Little
of the sensor technology developed by NASA has been picked up
by NOAA, and NOAA's budget requests to Congress have been
conspicuously absent requests to even acquire and process data
from NASA satellites, such as ocean winds from scatterometers,
exact sea level and wave height from altimeters, as well as
other oceanic measurements such as coastal ocean color. As
noted by the U.S. Commission on Ocean Policy, it is NOAA's
mission to fly operational satellites, including ocean remote
sensing technology, and to provide data continuity.
As a solution, the United States Commission on Ocean Policy
recommended transferring NASA's Earth environmental observing
satellites and budget to NOAA. The Committee has not taken
action on this recommendation which will be referred to and
reviewed by the Executive Branch. However, the Committee
believes that the underlying inability of the NOAA budget
request to address technology transition is indeed an issue
that must be addressed. OMB needs to fairly and consistently
review earth remote sensing programs across all Federal
agencies. The Committee recommendation includes $10,000,000 to
provide NOAA the capability to transition NASA remote sensed
ocean measurements into operational products for the user
community and support for NOAA/NASA ocean remote sensing
partnerships.
Marine Mammal Initiative.--The Committee notes that there
have been over 25 significant and unexpected die-offs of marine
mammal populations in the last 15 months, including over 700
dead bottlenose dolphins washing up on the mid-Atlantic
coastline, over 600 dead gray whales along their migratory
route between Mexico and Alaska, and dozens of California sea
lions suffering from seizures and ultimately dying on a public
beach. In over 40 percent of the cases, the NOAA Fisheries'
Office of Protected Resources could not make a determination of
the cause of the mortality. In many instances, a determination
could not be made simply because of the lack of funding
necessary to reach the scene in time to do the necessary
investigations and research. The need for better response by
the agency, and the necessary funding for that response has not
gone unnoticed. A number of reports from expert bodies,
beginning with the ``1999 Kammer Report'', and as recently as
the draft report of the United States Commission on Ocean
Policy, have pointed to the urgent need to address a variety of
immediate threats to marine mammals. The Committee has thus
provided $12,000,000 for a marine mammal initiative. Of the
funding provided for this initiative, the Committee
recommendation includes $4,000,000 as emergency funding to be
used by the NOAA Fisheries' Office of Protected Resources to
address new or emerging needs associated with marine mammal
injury or mortality, including unusual mortality events. Of the
funding provided, the Committee recommendation also includes
$7,000,000 to address the most critical marine mammal
information and protection needs, including stock assessments,
recovery plans, and bycatch reduction efforts. Finally, the
Committee recognizes that the Office of Protected Resources is
already short handed, and for the new initiative to take
effect, additional personnel are needed. So of the funding
provided for the Marine Mammal initiative, the Committee
recommendation includes $1,000,000 for permitting functions of
the Office of Protected Resources for hiring of additional full
time equivalents. The Committee expects NOAA to continue to
request funding for these additional FTEs in their fiscal year
2006 budget submission.
NOAA MANAGEMENT AND FINANCIAL ISSUES
The Committee takes note of the many management and
budgetary reforms that NOAA has undertaken. The agency has
successfully developed and deployed a modern financial
accounting system, ``CAMS,'' and has received clean financial
audits for the past 7 years. The Committee recommendation
includes funding for continued CAMS software builds/
functionality and system improvements.
The Committee strongly supports the priority the NOAA
Administrator has assigned to grant administration and believes
that grant processing cycle times can be and must be reduced. A
prompt and transparent grant review and award system is
essential to an agency that prides itself on considering
external partners part of the NOAA team. Bill language is
included so that the only area for which additional corporate
costs may be assessed (above the fiscal year 2004 baseline) is
improvements in grant processing cycle times--reducing the time
required from application to award.
The Committee notes that a new NOAA strategic plan was
created in 2002/2003 with significant input from diverse NOAA
constituent groups around the Nation. NOAA's current leadership
has sought to create a unified NOAA through cross-cutting
strategic goals and matrix management techniques similar to
that used in the private sector. To that end, the Committee
endorses the use of NOAA names for traditional line offices,
such as ``NOAA Research'' and ``NOAA Fisheries,'' along with
more traditional organizational titles. The Committee's
recommendation endorses many crosscutting reforms as reflected
in the allocations for such organizations as the Planning, and
Programming Integration [PPI] line office and NOAA Chief
Financial Officer's organization. Bill language is recommended
for the first time to move toward a programmatic allocation of
NOAA's budget through the five NOAA strategic goals: Ecosystem
Forecasting and Management; Climate; Weather and Water;
Commerce and Transportation; and NOAA-Wide programs. For the
first time, the accompanying tables display program, project
and activities by both line office and strategic goal.
The United States Commission on Ocean Policy strongly
supported NOAA's role as the lead civilian agency for the
oceans, but also clearly noted that NOAA's organization needs
significant reform and greater integration. NOAA's Oceans,
Fisheries, Weather, Research, and Satellite ``line offices''
must be transformed into an integrated, effective whole working
on behalf of the American people. The Committee would entertain
a NOAA budget submission for fiscal year 2006 that is more
programmatic and aligned with NOAA's strategic plan and
strategic goals. The Agency should be reorganized to reflect
environmental science and services as they are understood in
2004, not 1970.
The Committee also recommends that the administration
provide a realistic budget submission for NOAA that is in line
with annual appropriated levels and baselines, rather than
fictitious OMB planning ceilings that have no relation to
reality and, if enacted, would devastate the agency's service
to the American people. The Committee recommends that the
Director of OMB positively respond to the recommendations of
the United States Commission on Ocean Policy, especially the
Commission's criticisms of OMB's inconsistent policy and
organizational approach to evaluating the Nation's natural
resource, science, and space programs.
The Committee has continued to provide direct
appropriations for NOAA and Commerce Department corporate costs
under ``NOAA-wide Program Support'' as was included for the
first time in the fiscal year 2004 Omnibus Appropriations Act.
The Committee has disapproved again the practice of allocating
or tithing corporate costs across programs, projects, and
activities. The appropriations in the various organizational
accounts are accordingly adjusted to reflect the direct
appropriation in lieu of the budget which included amounts in
various programs across the agency.
The recommended appropriations and accompanying tables
restore the convention of including salaries and expenses
(Object Classes 11-13) as an integral component of program
costs. The Committee's recommendation has provided for the cost
of living adjustment and adjustments to base as proposed in the
budget request in order to support NOAA's outstanding
workforce, its greatest asset. The recommendation includes an
increase of $470,000 for information technology systems used by
the CFO and CAO organizations. The hardware and software used
by these NOAA support, or ``enabling functions'' lags behind
the rest of NOAA. Finally, the Committee recommendation allows
for five appropriation line items at NOAA headquarters, instead
of separate small appropriations for each staff office as was
allocated in fiscal year 2004. The Committee appreciates that
as leader of an agency of 12,500 employees and $4,000,000,000,
the NOAA Administrator should be accorded greater flexibility
in determining how NOAA headquarters should be structured and
resourced. Similarly, the Committee recommends that NOAA, the
Office of the Secretary of Commerce, and OMB review carefully
the discussion in this report's introduction titled
``Reprogrammings, Reorganizations, and Relocations.'' The
Committee notes that the long standing flexibilities provided
in the reprogramming process cannot function when it requires 5
or 6 months for a NOAA reprogramming to clear Commerce and OMB
and finally be transmitted to Congress.
The Committee rejects with prejudice the budget proposal to
cut $15,000,000 across NOAA programs for ``deobligations.'' The
Committee notes just 4 years ago NOAA leadership implored the
Committee to eliminate these unwarranted and unrealized
deobligations because they amounted to nothing more than
general reductions across all NOAA programs and had a
significant negative impact on program areas such as the
weather service. The Committee notes that these savings, should
any materialize, should be applied to meet unfunded pay raise
requirements.
The Committee has included bill language allowing NOAA to
expand and make permanent the personnel management
demonstration project pursuant to the Civil Service Reform Act.
The Committee action provides NOAA with the same authorities as
those already extended to the National Institute of Standards
and Technology. Some parts of NOAA, such as NOAA Fisheries,
have not been able to extend the current program, while other
parts of NOAA have not been able to use this merit based system
that promotes productivity and performance; the ``NOAA Pay
Demo'' has been popular with both managers and employees. The
Committee's recommended language would enable the National
Ocean Service, NOAA headquarters, NOAA Finance and
Administration and the CIO office to be under the demonstration
program in their entirety. It allows organizations such as NOAA
Fisheries to have more of their organizations under a single
personnel system. The Committee expects that NOAA would not
propose to extend the demonstration program to any organization
covered by a collective bargaining agreement, including the
Weather Service.
The Committee has included bill language allowing the same
flexibilities accorded to NASA in the promotion of its space
programs to be extended to NOAA in the promotion of its
oceanic, atmospheric, and space programs. The Commerce
Department's Office of General Counsel regularly contests
NOAA's ability to partner with industry and educational groups
in the same manner as NASA does as a standard means of doing
business. The Committee recommendation should allow NOAA
programs to be treated in a similar and fair manner.
The Committee recommendation has combined NOAA's two major
appropriations accounts ``Operations, Research and Facilities''
and ``Procurement, Acquisition and Construction'' as was the
case before the late 1990s. The new consolidated account
``Operations, Research, Facilities and Systems Acquisition''
more clearly reflects the cost of NOAA environmental programs
and it should provide greater flexibility to the Administrator
in meeting requirements.
The Committee supports NOAA's efforts to align financial
and administrative activities along functional services. For
example, all NOAA workforce/human resource personnel and
activities should be under the direction of the Director of
Workforce Management/Human Resources. Such fundamental
management improvements should proceed and should not require
reprogramming approval. The Committee also understands that
NOAA is examining its regional administrative structure and may
propose future consolidations and realignment. The Committee
notes that any such restructuring or significant downsizing
would be subject to section 605 procedures.
Infrastructure and Efficient Operations.--The fiscal year
2005 budget request regrettably represents a retrenchment in
the effort to rebuild and invest in NOAA's science and service
infrastructure. Unlike past years, funds are not requested to
continue the construction of facilities like the NOAA Pacific
Regional Facility. Newly constructed or refurbished vessels
like the OSCAR DYSON and the HI'ALALAKAI are budgeted to
operate for only 80 to 100 days at sea. This procedure leaves
the taxpayers with most of the fixed costs, but without the
benefit of the new platforms. Fishery and bathymetric surveys,
coral reef monitoring, and marine debris removal requirements
go unmet under the administration's budget while NOAA ships and
their crews would remain in port.
The Committee recommendation significantly amends the
budget proposal with respect to NOAA's infrastructure and fleet
assets; the Committee continues to take the lead in providing
for efficient use of the fleet and for providing safety
improvements and mission equipment for NOAA ships and aircraft.
The Committee recommendation funds ships to operate at
customary OPTEMPO levels and fully supports the NOAA Office of
Marine and Aviation Operations and the NOAA Corps, the United
State's Seventh Uniformed Service. Maintenance and safety
equipment for both aircraft and ships has been increased above
the budget request. The recommendation includes $4,000,000 in
instrument upgrades for the G-IV high altitude hurricane
reconnaissance aircraft have been provided so doppler radar and
related meteorological instruments can be procured and
installed. In addition, $18,000,000 in facility maintenance
funds have been consolidated and increased so that these
resources benefit all NOAA activities and facilities across the
Nation, not only weather offices. The Committee recommendation
restores $10,000,000 for the Small Waterplane Area Twin Hull
Vessel [SWATH] which will conduct hydrographic operations in
the Northeast and the Committee has programmed funding to
provide the vessel with capability to perform essential fish
habitat [EFH] mapping. Similarly, $3,000,000 is included to
provide the FAIRWEATHER in the North Pacific with additional
hydrographic launches, technology and EFH capability, thus
greatly improving the efficiency and capability of this
restored fleet asset. The recommendation includes $34,000,000
to complete construction of the third NOAA Fisheries Research
Vessel. The Committee recommendation includes $5,000,000 for
long lead procurement of the fourth NOAA Fisheries Research
Vessel. In fiscal year 2006, the Committee expects the Commerce
Department/NOAA to submit a budget that fully funds the balance
for construction of the fourth Vessel.
Acquisition Program Out-Year Budget Estimates.--For over 30
years the President's budget for NOAA included out-year
estimates for each NOAA major acquisition program. Since NOAA
satellites and other procurements, shipbuilding and
construction are requested and appropriated on an
``incremental'' or annual basis, it is essential that Congress
and the taxpayers understand the total costs of program
proposals and decisions. Three years ago, the Office of
Management and Budget unilaterally decided to change this long-
standing practice. For example, the fiscal year 2005 budget
requests the Committee to make a significant commitment to the
GOES R program, yet only fiscal year 2005 financial
requirements are displayed for this multi-year program.
It would be impossible for the Senate or House Defense
Appropriations Subcommittees to make informed decisions on
acquisition programs without knowing out-year costs for RDT&E,
Procurement and Military Construction programs. (OMB still
allows such information to be submitted for Defense Department
acquisition programs.) This requirement is just as true with
respect to the Commerce, Justice, and State, the Judiciary and
Related Agencies Subcommittee evaluating NOAA Programs.
Accordingly, the Committee has included bill language requiring
that out-year budget estimates be submitted by the Secretary of
Commerce for fiscal year 2006 and each year thereafter as part
of the annual budget justification materials each major
procurement, acquisition and construction program supported by
NOAA appropriations.
Satellite Acquisition Progress Reports.--The Committee
recommendation fully funds NOAA geostationary or ``GOES'' and
polar-orbiting or ``POES'' satellite programs. The difference
between the recommendation and the budget request merely
reflects the consolidation of NOAA corporate costs as a direct
appropriation instead of allocating program wide costs across
various programs, projects and activities. The recommendation
also, for the first time, allocates satellite system costs
across NOAA strategic goals. With the GOES R program moving
into development and the NPOESS program now in procurement, the
Committee expects Commerce/NOAA to provide quarterly progress
reports on these programs to the House and Senate Committees on
Appropriations. The Committee expects NOAA to provide standard
program management tracking data and financial data. With
respect to the NPOESS program, this analysis should be provided
by major payload sensors so that the Committee can ensure that
the NPOESS program is staying within cost and schedule.
Fleet Modernization.--In 1991 NOAA drafted and submitted a
fleet modernization program to Congress. In the 13 years since
that plan, NOAA has been able to construct (or begin
construction) three new state of the art Fishery Research
Vessels [FRV]. The Committee recommendation provides long lead
procurement for the fourth ship and the Committee expects that
this fourth FRV will be requested and fully funded in fiscal
year 2006. NOAA has also been able to acquire a number of
former Navy vessels, seven of which were 224 foot CLASS III T-
AGOS ships. (The Fiscal Year 2005 Senate Department of Defense
Appropriations Act includes $18,000,000 to convert an
additional T-AGOS to be a dedicated NOAA Ocean Exploration
Vessel). Through creativity and tenacity, NOAA and, in
particular, the Office of Marine and Aviation Operations, have
been able to kluge together a modernization program, meet
research and operational needs, and maintain safety at sea and
in the air.
The Committee understands that during the past 1\1/2\ years
NOAA has undertaken examination of its vessel and aircraft
fleets to determine future missions, requirements and
capabilities. The Committee is concerned that hydrography,
coastal research, fisheries, marine mammal, essential fish
habitat, oceanic and atmospheric research and other
requirements may continue to go unmet given NOAA's current
procurement and contracting plans. Until now, the ocean
exploration program requirements for shiptime appear to have
been ignored by NOAA. NOAA's P-3 hurricane research/
reconnaissance aircraft are approaching 30 years of age and it
is not clear how that mission will continue to be met in future
years.
The Committee requests that NOAA provide a ship and
aircraft fleet modernization plan to the Committees on
Appropriations, as well as relevant authorization committees.
The report should document requirements in terms of days at sea
and flying hours by functional mission area, and it should
consider both Government and private sector assets (including
the UNOLS academic fleet). It should also provide notional
service life estimates for NOAA's current fleet of ships and
aircraft. The report should cover the use of new technologies
and platforms such as AUV's and UAV's. This report should be
submitted to the Congress immediately upon enactment of this
Act. To reduce OMB interference in NOAA's ability to meet this
congressional requirement and to minimize bureaucratic delays,
the report need not include exact financial or fiscal year cost
estimates.
OPERATIONS, RESEARCH, FACILITIES AND SYSTEMS ACQUISITION
Appropriations, 2004 \1\................................ $3,622,959,000
Budget estimate, 2005 \1\............................... 3,279,351,000
Committee recommendation................................ 4,052,646,000
\1\ For fiscal year 2004 and the fiscal year 2005 budget estimate, these
amounts are the total of NOAA ORF and PAC accounts, which are merged
under the Committee recommendation.
The Committee recommends an appropriation of
$4,052,646,000. The recommendation is $1,409,395,000 above the
fiscal year 2004 funding level and $1,671,805,000 above the
budget request. Committee recommendation's by strategic goal
and by specific line offices are displayed in the following
table:
NOAA OPERATIONS, RESEARCH, FACILITIES AND SYSTEMS ACQUISITION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
By Line Office Organization:
NOAA Ocean and Coasts/National Ocean Service....... 737,559
NOAA Fisheries/National Marine Fisheries Service... 733,544
NOAA Research/Office of Oceanic and Atmospheric 479,385
Research..........................................
NOAA's National Weather Service.................... 807,336
NOAA Satellites/National Environmental Satellite 912,865
and Data Information Services.....................
NOAA Planning, Programming and Integration......... 4,000
NOAA-Wide Program Support.......................... 437,957
----------------
Total Operations, Research, and Facilities (less 4,052,646
transfers)......................................
================
By Strategic Goals:
NOAA Ecosystems Forecasting and Management......... 1,548,498
NOAA Ocean Exploration............................. 56,983
NOAA Climate Programs.............................. 408,181
NOAA Weather and Water Programs.................... 1,362,704
NOAA Commerce and Transportation Programs.......... 287,402
NOAA-Wide Programs................................. 448,878
----------------
Total Operations, Research, and Facilities (less 4,052,646
transfers)......................................
------------------------------------------------------------------------
NOAA OCEANS AND COASTS/NATIONAL OCEAN SERVICE
The Committee recommends an appropriation of $738,559,000
for NOAA Oceans and Coasts/National Ocean Service [NOS].
Committee recommendations are displayed in the following table:
NOAA OCEANS AND COASTS/NATIONAL OCEAN SERVICE
[In thousands of dollars]
------------------------------------------------------------------------
NOAA Fiscal year
Strategic Fiscal year 2005 operations, research, 2005 Committee
Goal facilities, and systems acquisition recommendation
------------------------------------------------------------------------
Navigation Services:
Mapping & Charting:
CT Mapping & Charting Base (incl $2,000 40,488
fiscal year 2002 Supp)
CT Coastal Mapping 535
CT Joint Hydrographic Center (JHC) 4,300
CT JHC--Bathymetric Study 2,000
CT JHC--Development of EFH 1,500
Technologies
CT Marine Modeling & Geospatial 1,146
Technology
CT Hydrographic Surveys 1,339
CT Electronic Navigation Charts 4,300
CT Nautical Charting 6,500
CT Navigational Services 1,885
CT Shoreline Mapping 2,448
CT Chesapeake Bay 1,000
CT Aerial 1,000
CT Address Survey Backlog/Contracts 19,935
CT EEZ Outer Continental Shelf Ocean 2,226
Bottom Claims
CT Gulf of Alaska 2,500
CT North Pacific 1,000
CT North Pacific Maritime Boundary 2,000
Line
CT MS/LA Digital Coast 1,000
CT Vessel Time Charter 2,202
------------------
Subtotal, Mapping and Charting 99,304
==================
Geodesy:
CT Geodesy Base 22,480
CT National Spatial Reference System 2,000
CT Height Modernization Study--NGS 250
Implementation
CT Height Modernization Study NC 993
CT Height Modernization TX 1,000
CT Height Modernization Study--MS 600
CT Geodetic Survey--CA 1,000
CT Geodetic Survey- LA 497
CT Geodetic Survey--So. Carolina 500
------------------
Subtotal, Geodesy 29,320
==================
Tide & Current Data:
CT Tide & Current Data Base 20,965
CT National Water Level Observation 3,000
Network
CT PORTS 2,981
CT Alaska Current & Tide Data 1,500
------------------
Subtotal, Tide & Current Data 28,446
==================
Total, Navigation Services 157,070
==================
Ocean Resources Conservation and Assessment:
Ocean Assessment Program (OAP):
ECO Ocean Assessment Program Base 46,159
ECO Coastal Observation Technology System 2,177
ECO Coastal Ocean Research & Monitoring 2,473
Program
ECO NOAA ICOOS 17,000
ECO NOAA/UNH Joint Ocean Observing 5,000
Technology Center
ECO Alaska Ocean Observing System 2,500
ECO Gulf of Maine Observing System 2,000
ECO Long Island Sound Observing System 1,000
ECO Central Gulf of Mexico Observing 2,000
System (USM)
ECO So Cal Coastal Ocean Observing System 2,000
(Scripps)
ECO Alliance for Coastal Technologies 3,000
ECO Center for Coastal Ocean Observation 2,500
and Analysis
ECO Carolina Coastal Ocean Observing and 2,500
Prediction System
ECO Wallops Ocean Observation Project 2,000
WW Coastal Storms 2,653
ECO Cook Inlet Coastal Monitoring and 1,000
Habitat
ECO Coastal Services Center 23,000
ECO Pacific Coastal Services Center 2,250
ECO Seacoast Science Center 1,000
ECO E.E. Just Environmental Inst 750
ECO Coastal Change Analysis 500
ECO CREST 500
ECO CI-CORE 2,500
ECO Aquatic Research Consortium MS 2,500
ECO Coop Institute for Coastal and 6,800
Estuarine Enviro Tech
ECO Hawaii Coral Reef Initiative 1,500
ECO Nat'l Coral Reef Initiative--Florida 1,000
ECO Coral Reef Programs 25,462
ECO National Fish and Wildlife 1,490
Foundation--NFWF
ECO South Florida Ecosystem 900
------------------
Subtotal, Ocean Assessment Program 166,114
(OAP)
==================
Response and Restoration:
ECO Response and Restoration Base 15,843
ECO Estuary Restoration Program 1,200
ECO Damage Assessment Program 2,282
ECO Coastal Protection and Restoration 1,500
Project
ECO Marine Debris 7,500
ECO AK Coastline Marine Debris--Marine 1,500
Conservation Alliance
ECO Marine Debris Removal--SC 200
ECO Hazardous Materials Response Program 1,619
CT Center for Marine Spill Response 2,000
Project
ECO Pribilof Islands Cleanup and Economic 10,000
Development
------------------
Subtotal, Response and Restoration 43,644
==================
Subtotal, Estuarine and Coastal 209,758
Assessment
==================
National Centers for Coastal Ocean
Science (NCCOS):
ECO Center for Coastal Environmental 15,000
Health & Bimolecular Rsch
ECO Extramural Research 4,000
ECO High salinity estuaries (Baruch Inst) 1,000
ECO Oxford, MD 4,500
ECO Extramural Research 2,000
ECO Ctr for Coastal Fisheries Habitat 5,750
Research
ECO Extramural Research 2,000
ECO Center for Coastal Monitoring & 6,000
Assessment
ECO Extramural Research 2,000
ECO Center for Sponsored Coastal Ocean 3,700
Research
ECO Coastal Ocean Research Grants (HAB/ 5,500
Pfisteria/GLOBEC)
ECO NCCOS Headquarters 5,000
ECO Marine Env Health Research Lab--MEHRL 4,000
==================
Subtotal, NCCOS 60,450
==================
Total, Ocean Resources Conserv. & 270,208
Assess
==================
Ocean and Coastal Management:
Coastal Management:
ECO CZM Grants 70,500
ECO CZM Program Administration 6,912
ECO National Estuarine Research Reserve 16,400
System
ECO Marine Protected Areas 3,776
------------------
Subtotal, Coastal Management 97,588
==================
Ocean Management:
Marine Sanctuary Program:
ECO Marine Sanctuary Program 51,000
Operations
ECO Marine Sanctuary Foundation/Ocean 5,000
Activity Fund
ECO Northwest Hawaiian Islands 1,500
Research/HI Institute of Marine
Biology
ECO Northwest Straits Citizens 750
Advisory Commission
------------------
Subtotal, Ocean Management 58,250
==================
Total, Ocean and Coastal 155,838
Management
==================
CTPayment to NOMAO 2,793
==================
Land Acquisition, Systems and Construction:
Coastal and Estuarine Land Conservation
Program:
ECO Seacoast, NH 2,500
ECO Maury Island, WA 2,000
ECO Orange Beach (Robinson Island) AL 1,000
ECO Wolf River Corridor, MS 2,000
ECO Flats East Riverfront Park, Ohio 2,000
ECO Mentor Marsh Lake County, Ohio 1,500
ECO East Sandusky Bay Preserve, Ohio 1,500
ECO Bayou Liberty Watershed Wetlands 950
Conservation, LA
ECO Louisiana Dept. of Wildlife and 3,000
Fisheries, LA
ECO Armand Bayou and Genoa-Red Bluff, TX 600
ECO Port Aransas Nature Preserve Wetlands 3,000
Protections Proj, TX
ECO Hawaii CELP 3,000
ECO West River, MD 1,000
ECO Other MD Chesapeake Bay CELP Projects 7,000
ECO Dos Peublos, CA 3,000
ECO Tonner Canyon, CA 500
ECO Southwest Alaska Conservation 1,000
ECO Cypress Island, WA 1,750
ECO National CELP Program 15,950
------------------
Subtotal, Coastal and Estuarine 53,250
Land Conservation Program
==================
NERRS Acquisition/Construction:
ECO National Estuarine Rsrch Reserve 10,000
Construction & Land Acq (NERRS)
ECO Elkhorn Slough, CA 4,000
------------------
Subtotal NERRS Acquisition/ 14,000
Construction
==================
Section 2 (FWCA) Coastal/Estuarine Land
Acquisition:
ECO Bonneau Ferry, SC 20,000
ECO Great Bay Partnership 8,000
------------------
Subtotal Section 2 (FWCA) Coastal/ 28,000
Estuarine Land Acquisition
==================
Subtotal NERRS & Section 2 42,000
Acquisitions
==================
Marine Sanctuaries Construction/
Acquisition:
ECO Marine Sanctuaries Construction Base 6,000
ECO Channel Islands National Marine 5,000
Sanctuary
ECO Thunder Bay NMS Exhibit 1,000
------------------
Subtotal, Marine Sanctuary 12,000
Construction/Acquisition
==================
Other NOS Construction/Acquisition:
ECO Bigelow Lab for Ocean Science (ME) 1,500
ECO NOAA ICOOS Observing System 15,000
(Procurement)
ECO Convert NOAA Weather Buouys with NDBC 10,000
ECO Coastal Services Center Facility 4,000
Expansion
ECO Gulf Coast Lab at Cedar Point (USM) 1,500
ECO DownEast Institute For Marine 1,000
Research (ME)
ALL Pier Romeo Hardening (Charleston) 2,400
ECO Marine Environmental Health Research 8,000
Laboratory Enhancement & Equip
ECO National Aquarium Partnership 1,000
(Facilities & Equipment)
------------------
Subtotal, Other NOS Construction/ 44,400
Acquisition
==================
Total, Land Acquisition, Systems 151,650
and Construction
==================
Total, NOAA Oceans and Coasts 737,559
------------------------------------------------------------------------
NOAA Strategic Goals:
ECO--Ecosystem Forecasting and Management.
OE--Ocean Exploration.
WW--Weather and Water Programs.
CT--Commerce and Transportation.
C--Climate Programs.
ALL--NOAA-wide Programs.
The Committee recommendation includes $1,000,000 for the
Texas A&M University Corpus Christi Height Modernization
initiative. The project utilizes geographic information systems
and global positioning to update topographic elevation models
in Texas.
The Committee notes the outstanding service of the Office
of Response and Restoration which regularly provides technical
expertise for oil spills and hazardous materials in the marine
environment. Office of Response and Restoration employees have
been consistently singled out for recognition by the United
States Coast Guard, by States, and foreign governments around
the world.
The Committee recognizes that Pier Romeo is vacant for much
of the year while NOAA ships are out at sea. In an effort to
maximize the use of Pier Romeo and to provide a full service to
the Federal Government, the Committee directs the NOS
Administrator to enter in an Memorandum of Understanding with
other Federal agencies in the vicinity of the Coastal Services
Center who have expressed an interest in using the pier for
other marine and homeland security activities.
Of the funds provided for Marine Sanctuaries, $1,000,000 is
for NOAA to conduct research and provide technical assistance
to the Galapagos Islands Marine Reserve in Ecuador. The
Galapagos Marine Reserve is one of the world's great areas of
biodiversity. However, this unique protected area is threatened
by overfishing, including shark fining, and lack of
enforcement. NOAA's Marine Sanctuary Program, and the Galapagos
Park and Marine Reserve could both benefit by greater
collaboration and partnership. In implementing this initiative,
NOAA should ensure that its efforts are coordinated with
USAID's environmental grant program in Ecuador. The Marine
Sanctuary program should report to the Committee on its plan
and accomplishments no later than June 2005.
The Committee is aware that there currently exists within
the ACE Basin National Estuarine Research Reserve [NERR] a
unique, pre-existing commercial operation that raises monkeys
solely for medical research at the United States Food and Drug
Administration [FDA] and the National Institute of Health
[NIH]. This limited purpose operation was in existence prior to
the property being added to the ACE NERR, and is dependent upon
the continued isolation and natural condition of the site. The
Committee is aware of concerns by NOAA about the existence of
such an operation within the NERR boundary. However, given the
unique nature of this operation, and the important role it
plays in both medical research and National security, the
Committee directs the Secretary to work with the FDA, NIH, and
the South Carolina Department of Natural Resources to ensure
that the operation is compatible with the ACE NERR and the
mission of the NERR system, and that the arrangement between
FDA, NIH, and the South Carolina Department of Natural
Resources to raise monkeys for medical research purposes is
continued.
Land Acquisition and Construction.--The funds included in
the Committee recommendation for this account will be used
expressly to acquire lands or interests in lands that include
significant conservation, recreation, ecological, historical or
aesthetic values or to construct interpretive, scientific, or
stewardship facilities at the sites. In keeping with the
statute, Section 2 (Fish & Wildlife Coordination Act)
acquisition projects are not dependent upon receipt of local,
State, or private matching funds.
Coastal and Estuarine Land Conservation Program.--In
addition to NOAA Coastal and Estuarine Land Conservation
Program [CELP] acquisitions included in the NOAA ORFSA table
accompanying this report, the Committee requests that NOAA
evaluate the following CELP projects within resources provided
for the national program and provide grants for acquisition if
warranted: Coastal Prarie Ranch, CA; San Pablo Watershed, CA;
Mill River, CT; Fish Island, MA; Grand Traverse, MI; Town of
Webster, NY; White Oak, NC; Manahawkin Marsh, NJ; the Savannah
River project; Dresher parcel, RI; and Winnapaug Pond, RI.
NOAA FISHERIES/NATIONAL MARINE FISHERIES SERVICE
The Committee recommends an appropriation of $733,544,000
for NOAA Fisheries/National Marine Fisheries Service [NMFS].
Committee recommendations are displayed in the following table:
NOAA FISHERIES/NATIONAL MARINE FISHERIES SERVICE
[In thousands of dollars]
------------------------------------------------------------------------
NOAA Fiscal year 2005
Strategic NOAA fisheries/NMFS operations, research, Committee
Goal facilities and systems analysis recommendation
------------------------------------------------------------------------
Marine Mammals & Sea Turtles:
ECO California Sea Lions/Protected Species 750
Management (PSM)
ECO Cook Inlet Beluga and Bio Research 200
Dolphins:
ECO Bottlenose Dolphins 4,000
ECO MS Inst. For Marine Mammal 2,500
Studies
ECO Dolphin Encirclement 2,253
ECO Dolphins/Yellowfin Tuna Research 233
ECO Marine Mammal Protection (MMP)/NMFS 7,976
Activities
Marine Mammal Strandings:
ECO Alaska Sea Life Center 1,000
ECO MS Center for Marine Education and 2,000
Research
ECO Charleston Health and Risk 800
Assessment
ECO Marin Headlands Marine Mammal Center 2,000
ECO Shedd Marine Mammals 250
ECO Marine Mammal Initiative 12,000
ECO Prescott Grant Program 4,000
ECO Marine Mammals, Sea Turtles & Other 23,604
Species/Endangered Species Act (ESA)
ECO Marine Mammal Commissions Studies 1,207
(protection/predation)
Native Marine Mammals:
ECO Alaska Eskimo Whaling Commission 900
ECO Participation of AEWC in 100
International Whaling Commission
Meetings
ECO Alaska Harbour Seals 150
ECO Aleut Pacific Marine Resources 125
Observers
ECO Beluga Whale Committee 225
ECO Bowhead Whale Spatial Studies 600
ECO Bristol Bay Native Association 50
ECO National Fish & Wildlife Foundation 1,000
(NFWF) Species Mgmt (PSM)
ECO North Pacific Southern Resident Orca 1,500
Population (PSM)
ECO Aleut Marine Mammal Commission 150
ECO Right Whale Activities (ESA) 10,109
ECO Cooperative State Plans 2,000
Sea Turtles:
ECO ESA 5,176
ECO Hawaiian Sea Turtles 7,800
ECO Southeastern Sea Turtles 300
Seals:
ECO Harbor Seals 600
ECO Alaska Native Harbor Seal [600]
Commission
ECO Hawaiian Monk Seals 825
ECO Steller Sea Lions:
ECO Endangered Species Act 850
ECO Alaska Seals and Steller Sea Lions 8,500
ECO State of Alaska Seals and Steller Sea 3,200
Lion Programs
ECO Alaska SeaLife Center Seals and Steller 7,000
Sea Lion Programs
ECO N. Pacific Universities MM 2,500
Consortium (and Harbor Seal
Research)
ECO Recovery Plan:
ECO Fisheries Management (North 2,000
Pacific Council)
ECO Univ of AK Gulf Apex Predator 1,500
ECO Winter Food Limitation (Pr 1,000
William Sound Sci Ctr)
-------------------
ECO Subtotal, Marine Mammals & Sea 122,933
Turtles
===================
Fisheries:
ECO Alaska Fisheries Information Network 3,200
(AKFIN)
Alaska Groundfish Monitoring:
ECO Bering Sea Fishermen's Association 175
Community Development Quota (CDQ)
ECO Crab Research NMFS 473
ECO NMFS Activities 2,017
ECO NMFS Field Fishery Monitoring 300
ECO NMFS Rockfish Research 334
ECO Winter Pollock Survey 800
ECO State of AK Rockfish Research 1,000
ECO Alaska Near Shore Fisheries State of 1,000
Alaska
Alaskan Groundfish Surveys:
ECO Calibration Studies 240
ECO NMFS Activities 400
American Fisheries Act:
ECO Implementation 3,525
ECO National Standards 4 and 8 State of 500
Alaska
ECO NMFS Activities 2,100
ECO Anadromous Fish Commission--North 750
Pacific
ECO Anadromous Grants 2,100
ECO Atlantic Herring and Mackerel 198
ECO Bering Sea Pollock Research 936
ECO Bering Sea and Aleutian Islands non- 500
pollock groundfish fisheries buyback
program
ECO Bluefish/Striped Bass 700
ECO Rutgers 500
ECO Charleston Bump 650
ECO Billfish Tagging 500
ECO Chesapeake Bay Multi-Species Management 500
ECO Expand Annual Stock Assessments--Improve 18,900
Data Collection
ECO California Oceanic Cooperative 900
Fisheries Investigation (CalCOFI)
ECO Narragansett Bay (Phase IV) 1,000
Fisheries Statistics 12,771
ECO Atlantic States Marine Fisheries 2,000
Commission
ECO Economics & Social Sciences Research 4,100
ECO National Fisheries Information 2,575
System
ECO National Standard 8 998
ECO Fisheries Development Program:
ECO Hawaii Fisheries Development 750
(Oceanic Institute)
ECO Product Quality and Marketing:
ECO Gulf Shrimp 2,000
ECO South Atlantic Shrimp 2,000
ECO Product Quality and Safety/Seafood 6,724
Inspection
ECO Fisheries Research and Management 124,846
Programs
ECO Gulf Fisheries Information Network (GULF 4,500
FIN) Data Collection Effort
ECO Gulf of Maine Groundfish Survey 519
ECO Halibut Data Collection 500
ECO Halibut/Sablefish 1,143
ECO Hawaii Seafood Safety Progran 1,500
ECO Hawaii Stock Management Plan (Oceanic 500
Institute)
ECO Highly Migratory Shark Fishery Research 2,000
Program (Mote)
ECO Interjurisdictional Fisheries Grants 2,590
Interstate Fish Commissions:
ECO 3 Commissions 750
ECO Atlantic Cooperative Management 9,250
ECO Large Pelagics Research Program (UNH) 3,000
Marine Fisheries Initiative (MARFIN):
ECO NMFS Activities 2,433
ECO NE Activities 250
ECO Red Snapper 750
ECO New England Stock Depletion 1,000
ECO Management of George's Bank 441
ECO Pacific Coastal Fisheries Information 2,994
Network (PACFIN) Catch Effort Data
ECO Recreational Fishery Harvest Monitoring/ 3,445
Rec. Fisheries Info Ntwk (RECFIN)
ECO RECFIN--SC (inshore recreation 500
species assessment/ tagging)
ECO Red Snapper Monitoring and Research 5,000
ECO Reduce Fishing Impacts on Essential Fish 500
Habitat (EFH)
ECO Reducing Bycatch 3,800
ECO Regional Councils 15,547
Salmon:
ECO Atlantic Salmon:
ECO ESA Recovery and Research 2,915
ECO Recovery Plan 450
ECO Research 694
ECO Penobscot River Habitat 2,000
Restoration
ECO State of Maine Salmon Recovery 1,645
(PSM)
ECO Chinook Salmon:
ECO Management 150
ECO Pacific Salmon Treaty--Chinook 1,844
Salmon Agreement
ECO Research at Auke Bay 300
Yukon River Chinook Salmon:
ECO State of Alaska 1,000
ECO Yukon River Drainage 500
Fisheries Assoc
Pacific Salmon:
Columbia River:
ECO ESA--Columbia River 5,000
Biological Opinion (BIOP)
Implementation
ECO Endangered Species Studies 299
ECO Facilities (Columbia River 3,365
Hatcheries)
ECO Hatcheries and Facilities 11,457
ECO Hatcheries--Monitor, 1,700
Evaluation and Reform
ECO Pacific Salmon Treaty 8,100
ECO ESA Recovery and Research 51,777
ECO West Coast Groundfish 4,861
-------------------
ECO Subtotal, Fish 363,931
===================
ECOCrustaceans & Mollusks:
ECO Bering Sea Crab (State of Alaska) 1,200
ECO Blue Crab Research Consortium 2,500
ECO Crab Rationalization NOAA Fisheries 1,000
ECO Chesapeake Bay Oyster Restoration 2,000
ECO Horseshoe Crab Research (HCRC) 650
ECO Lobster Sampling 150
ECO Mobile Bay Oyster Recovery 1,000
ECO Oyster Restoration (Chesapeake--VIMS) 2,000
ECO Seafood Safety Initiative 2,000
ECO Scallop Fishery Assessment (MFI) 2,000
ECO Shrimp Pathogens: South Carolina 650
ECO South Carolina Oyster Recovery 1,000
ECO South Carolina Shrimper Assistance 1,000
-------------------
ECO Subtotal, Crustaceans & Mollusks 17,150
===================
Enforcement & Observers:
Enforcement & Surveillance:
ECO Driftnet Act Implementation 1,199
ECO Ghostnet--High Seas Driftnet 250
Detection
ECO NMFS Activities 1,692
ECO Pacific Rim Fisheries 150
ECO State Participation AK/WA 200
ECO Enforcement & Surveillance 23,343
ECO Cooperative Agreements w/ States 17,383
ECO Vessel Monitoring System 4,000
-------------------
ECO Subtotal, Enforcement 48,217
-------------------
ECO Observers/Training:
ECO Atlantic Coast Observers 3,345
ECO East Coast Observers 350
ECO Hawaii Longline Observer Program 4,000
ECO N. Pacific Marine Resources 1,834
Observers
ECO N. Pacific Observer Program 800
ECO NE Groundfish Court-Ordered 9,500
Observers
ECO National Observers Program 3,000
ECO S. Atlantic/Gulf Shrimp Observers 800
ECO West Coast Groundfish Observers 5,000
-------------------
ECO Subtotal, Observers/Training 28,629
-------------------
ECO Subtotal, Enforcement and 76,846
Observers/Training
===================
ECOHabitat Conservation & Restoration:
ECO Connecticut River Partnership 400
Fisheries Habitat Restoration:
ECO Bronx River Restoration 1,000
ECO Community-Based Restoration Grants 18,619
ECO Habitat Conservation 17,377
ECO Merrimack River fish habitat/land 500
conservation
ECO Refine EFH Designations 1,000
-------------------
ECO Subtotal, Habitat Conservation & 38,896
Restoration
===================
ECOOther Activities Supporting Fisheries:
ECO Antarctic Research 1,468
ECO Center for Marine Education and Research 3,000
MS
ECO Chesapeake Bay Studies 2,000
ECO Climate Regimes & Ecosystem Productivity 1,500
ECO Computer Hardware and Software--FY 2004 3,383
Omnibus Funded in PAC
ECO Conservation and Recovery with States 990
ECO Consortium for Fisheries & Wildlife 500
Conflict Resolution (UNH/NEA/VIMS)
Cooperative Research:
ECO Cooperative Marine Education & 200
Research
ECO Cooperative Research--North Pacific 3,000
Research Board
ECO National Cooperative Research 2,750
ECO NE Cooperative Research 3,750
ECO Northeast Consortium 5,000
ECO SC Cooperative Research 2,000
ECO SE Cooperative Research 3,250
ECO West Coast Groundfish Cooperative 500
Research
Ecosystem Management:
ECO Gulf of Mexico 500
ECO Middle Atlantic 500
ECO New England 500
ECO South Atlantic 500
ECO Endangered Species Act--Fish, 5,109
Crustaceans, Mollusks
ECO FMP Extended Jurisdiction, State of 1,200
Alaska
ECO Gulf of Alaska Coastal Communities 425
Coalition
ECO Hawaiian Community Development 500
ECO Information Analyses & Dissemination 17,943
ECO International Fisheries Treaty 5,000
Negotiation & Compliance
ECO Joint Institute for Marine and 2,500
Atmospheric Research (JIMAR), HI
ECO Magnuson-Stevens (MSA) Implementation 7,120
off Alaska
ECO Marine Environmental Research Institute 300
ECO Marine Resources Monitoring, Assessment 1,250
& Prediction Prgm (MarMap)
ECO National Environmental Policy Act (NEPA) 3,000
ECO New England Multispecies Survey (SMAST) 3,000
ECO PAYMENT TO NOMAO 700
ECO SCORE Science Consortium--NH/WA/Mote 1,000
Marine
ECO Southeast Area Monitoring & Assessment 1,750
Program (SEAMAP)
ECO Pacific Island Region/Center 5,000
ECO NW Fisheries Science Center (Groundfish 1,700
Team)
ECO South Carolina Taxonomic Center 500
-------------------
Subtotal, Other Activities Supporting 93,288
Fisheries
===================
Systems Acquisition/Construction:
ALL Systems Acq. Computer Hardware & 3,500
Software
ALL NOAA Pacific Regional Facility 15,000
ALL Phase III--Galveston Laboratory 2,000
Renovation
-------------------
Subtotal, Construction 20,500
-------------------
Total, Systems Acquisition and 20,500
Construction
===================
Total, NOAA Fisheries 733,544
------------------------------------------------------------------------
NOAA Strategic Goals:
ECO--Ecosystem Forecasting and Management.
OE--Ocean Exploration.
WW--Weather and Water Programs.
CT--Commerce and Transportation.
C--Climate Programs.
ALL--NOAA-wide Programs.
The Committee believes it is important that sufficient
resources are available to NOAA Fisheries, the State of Alaska,
and the Alaska research entities to address research demands
for species of concern which are either listed or candidate
species under the Endangered Species Act, or which are
determined to be depleted under the Marine Mammal Protection
Act. The Committee has consolidated all Alaska seal and sea
lion research programs under a single category, with base
funding allocations to each of the research entities currently
involved in the North Pacific. The Committee is providing the
flexibility for funds to be allocated to the research of any
pinniped population as the research demands need. The Committee
strongly encourages NOAA Fisheries to take the lead in
developing a coordinated Alaska pinniped research program with
other grant recipients to avoid duplication and ensure adequate
funding for the most pressing research needs.
The Committee recommends $1,500,000 to address the
proliferation of exotic species such as Atlantic salmon in the
marine environment of the North Pacific. Of this amount,
$750,000 is for the Pacific States Marine Fisheries Commission
to prevent the escapement of Atlantic salmon into Alaskan
streams and to address other invasive species issues including
mitten crab and green crab.
The Committee is pleased with the Fisheries' Service
commitment to the Native Hawaiian Observer Program because it
is an excellent example of Government and community partnering
that leads to community participation in the management of
fishery resources. The Committee wants to ensure the continued
success of the program, and directs NOAA Fisheries to continue
to accept certification from the program as sufficient academic
credentials to serve as a biological observer in the Hawaii,
Guam, or American Samoan longline fishing industry.
The Committee continues to support sustainable expansion of
the Pacific tropical ornamental aquaculture industry and
provides $500,000 for the Economic Development Alliance of
Hawaii for this purpose.
The $250,000 for the Hawaii Marine Invasives Program is
exempted from any non-Federal matching requirement.
The Committee is concerned with the National Marine
Fisheries Service/NOAA Fisheries disregard for Senate and
Conference Committee guidance relating to the expenditure of
funds designated for dolphin encirclement research.
Consequently, the Committee directs NMFS/NOAA Fisheries to
submit to the Committees on Appropriations a spending plan for
all funding made available for dolphin encirclement activities.
This plan shall be subject to the requirements of section 605
of this Act.
NOAA RESEARCH/OCEANIC AND ATMOSPHERIC RESEARCH
The Committee recommends an appropriation of $479,385,000
for NOAA Research/Oceanic and Atmospheric Research [OAR].
Committee recommendations are displayed in the following
table:
NOAA RESEARCH/OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
[In thousands of dollars]
------------------------------------------------------------------------
NOAA Fiscal year
Strategic Fiscal year 2005 operations, research, 2005 Committee
Goal facilities, and systems acquisition recommendation
------------------------------------------------------------------------
Climate Research:
Laboratories & Joint Institutes:
C Laboratories & Joint Institutes 48,233
------------------
Subtotal, Laboratories & Joint 48,233
Institutions
==================
Climate & Global Change Program:
C Climate and Global Change 65,630
C Accelerating Climate Models--IRI 1,441
------------------
Subtotal, Climate & Global Change 67,071
Program
==================
Climate Observations & Services:
C Climate Reference Network 2,907
C Climate Data & Info and CLASS in PAC 960
C Baseline Observatories 2,422
C Regional Assessments, Education and 1,681
Outreach
C Climate Change Assessments 620
C Weather-Climate Connection 890
C Carbon Cycle 2,908
C Ocean Observations/Ocean Systems 4,865
C ARGO 7,014
C Climate Change Research Initiative 40,000
------------------
Subtotal, Climate Observations & 64,267
Services
==================
Other Partnership Programs:
WW East Tennessee Ozone Study 300
C International Pacific Research Center (U 2,000
of HI)
C Intl Council for Local Environmental 500
Intiatives
C Climate and Environmental Change 2,473
C Abrupt Climate Change Research 1,000
C Artic Research (Search)/Icebreaker 4,000
Shiptime
------------------
Subtotal, Other Partnership Programs 10,273
==================
Total, Climate Research 189,844
==================
Weather & Air Quality Research:
Laboratories & Joint Institutes:
WW Laboratories & Joint Institutes 36,230
------------------
Subtotal, Laboratories & Joint 36,230
Institutes
==================
U.S. Weather Research Program:
WW U.S. Weather Research Program (USWRP) 1,000
(THORPEX)
WW Targeted Wind Sensing 2,000
------------------
Subtotal, U.S. Weather Research Program 3,000
==================
Other Partnership Programs:
WW Tornado Severe Storm Research/Phased 2,824
Array Radar
WW New England Air Quality Study 2,000
WW NE Center for Atmospheric Science and 1,500
Policy
C Inst. for Study of Earth, Oceans & Space 5,000
(Air-Map--CCRC)
C Risk Reduction in Wather Forecasts (MSU) 2,500
C Remote Sensing Research (ISU/BCAL) 495
WW STORM (U. of N. Iowa) 650
------------------
Subtotal, Other Partnership Programs 14,969
==================
Total, Weather & Air Quality Research 54,199
==================
Ocean, Coastal, and Great Lakes Research:
Laboratories & Joint Institutes:
ECO Laboratories & Joint Institutes 19,510
------------------
Subtotal, Laboratories & Joint 19,510
Institutes
==================
National Sea Grant College Program:
ECO National Sea Grant College Program Base 66,675
(Base)
ECO Fish Extension 2,000
ECO Aquatic Nuisance Species/Zebra Mussel 2,981
Research
ECO Gulf of Mexico Oyster Initiative 1,000
ECO Marine Invasive Species Program 250
ECO Oyster Disease Research 1,000
------------------
Subtotal, National Sea Grant College 73,906
Program
==================
National Undersea Research Program (NURP):
OE National Undersea Research Program (NURP) 14,000
OE National Institute for Undersea Science 5,000
and Technology
------------------
Subtotal, National Undersea Research 19,000
Program (NURP)
==================
OENMNH East Wing (Oceans) 5,000
OEOcean Exploration 30,000
OESubmersible Micro-technology Research 983
------------------
Subtotal, Ocean Exploration 35,983
==================
Other Partnership Programs:
ECO Arctic Research 2,000
ECO Aquaculture Education Program--Cedar 2,000
Point MS
ECO Gulf of Maine Council 1,000
ECO Institute for Science Technology and 750
Public Policy
ECO Atmospheric Dispersion Forecasting/ 1,500
Jackson State Univ
ECO Lake Champlain Research Consortium 550
ECO NISA/Ballast Water Demonstrations 3,431
ECO NISA/Prevent & Control Invasive Species 479
ECO NISA/Alaska 1,500
ECO NOAA Marine Aquaculture Program 1,000
ECO Ocean Health Initiative 20,000
ECO Cooperative Institute for New England 3,000
Mari-culture and Fisheries
ECO NH Center for the Study of Lakes and 500
Ecosystems
ECO Pacific Tropical Ornamental Fish 500
------------------
Subtotal, Other Partnership Programs 38,210
==================
Total, Ocean, Coastal, and Great Lakes 186,609
Research
==================
Information Technology, R&D, and Science
Education:
Information Technology, R&D, and Science
Education (Base):
ALL High Performance Computing 636
C High Performance Computing 3,054
ECO High Performance Computing 636
WW High Performance Computing 8,399
ALL Educational Partnership Program/ 17,407
Minority Serving Institutions
(EPPMSI)
------------------
Total, Info Tech, R&D, & Science 30,133
Education
==================
ECOPayment to NOMAO 100
==================
Systems Acquisition:
C Research Supercomputing/ CCRI 10,000
------------------
Subtotal, OAR Systems Acquisition 10,000
==================
Construction:
C Barrow Artic Research Ctr (Phase I) 8,500
------------------
Subtotal, NOAA Research Construction 8,500
==================
Total, Systems Acquisition and 18,500
Construction
==================
Total, NOAA Research 479,385
------------------------------------------------------------------------
NOAA Strategic Goals:
ECO--Ecosystem Forecasting and Management.
OE--Ocean Exploration.
WW--Weather and Water Programs.
CT--Commerce and Transportation.
C--Climate Programs.
ALL--NOAA-wide Programs.
Ocean, Coastal, and Great Lakes Research.--Of the amount
provided for the National Undersea Research Program [NURP],
half of these funds are for East Coast NURP centers and half
are for West Coast centers, including the Hawaiian and Pacific
Center and the West Coast and Polar Regions Center. The
Committee strongly recommends that NURP centers also take part
in full and open competitions for the award of Ocean
Exploration program funds.
Climate and Global Change.--The Committee recommendation
assumes that paleoclimatology and abrupt climate change
research are funded at not less than the fiscal year 2004
level.
NOAA'S NATIONAL WEATHER SERVICE
The Committee recommends an appropriation of $806,336,000
for NOAA's National Weather Service [NWS]. Committee
recommendations are displayed in the following table:
NOAA'S NATIONAL WEATHER SERVICE
[In thousands of dollars]
------------------------------------------------------------------------
NOAA Fiscal year
Strategic Fiscal year 2005 operations, research, 2005 Committee
Goal facilities, and systems acquisition recommendation
------------------------------------------------------------------------
Local Warnings and Forecasts:
C Local Warnings and Forecasts Base 8,634
CT Local Warnings and Forecasts Base 21,135
WW Local Warnings and Forecasts Base 504,521
WW Tsunami Hazard Mitigation (transferred 4,300
from OAR)
WW Pacific Ocean Monitoring Buoy 593
Augmentation
WW Tsunami Warning & Environmental Obs for 2,000
AK (TWEAK)
WW Air Quality Forecasting Pilot Program 5,500
CT Alaska Data Buoys 1,500
CT HI Data Buoys 250
C Sustain Cooperative Observer Network 1,870
WW High Resolution Temperature Forecasting 2,000
WW Red River Basin Institute/Decision Info 270
Network
WW New England Weather Technology Initiative 600
WW NOAA Profiler Network 4,000
WW NC Flood Plain Mapping Pilot 1,200
WW Pacific Island Compact 3,512
ALL Facilities Physical Security 2,000
C Space Environment Center 201
WW Space Environment Center 4,828
WW USWRP--US Weather Research Program/ 5,562
THORPEX
WW Vermont Northeast Weather & Wind Data 250
Integration
------------------
Subtotal, Local Warnings and Forecasts 574,726
==================
WW Advanced Hydrological Prediction Services 6,098
CT Aviation Weather 2,500
Weather Radio Transmitters:
WW Weather Radio Transmitters Base 2,320
WW HI Weather Radio Transmitters 200
------------------
Subtotal, Weather Radio 2,520
Transmitters
------------------
Subtotal, Local Warnings and 585,844
Forecasts
==================
CCentral Forecast Guidance 6,669
CTCentral Forecast Guidance 6,513
ECOCentral Forecast Guidance 33,818
------------------
Subtotal, Central Forecast Guidance 47,000
==================
Total, Operations and Research 632,844
==================
Systems Operation & Maintenance (O&M):
WW All Systems Operation and Maintenance 90,630
------------------
Total, Systems Operation & Maintenance 90,630
==================
ALL Payment to NOMAO 475
Systems Acquisition:
WW ASOS 4,675
WW AWIPS 12,894
WW NEXRAD 10,820
WW NWSTG Legacy Replacement 2,512
WW Radiosonde Network Replacement6 6,376
C Weather and Climate Supercomputing 19,285
WW Weather and Climate Supercomputing Back- 7,148
up
WW Cooperative Observer Network 877
Modernization
WW Coastal Global Ocean Observing System 3,000
------------------
Subtotal, Systems Acquisition 67,587
==================
Construction:
ALL WFO Construction 13,500
ALL NOAA Center for Weather & Climate 2,300
Prediction
------------------
Subtotal, Construction 15,800
==================
Total, Systems Acquisition and 82,387
Construction
==================
Total, NOAA National Weather Service 807,336
==================
GRAND TOTAL NOAA NATIONAL WEATHER 807,336
SERVICE/NWS
------------------------------------------------------------------------
NOAA Strategic Goals:
ECO--Ecosystem Forecasting and Management.
OE--Ocean Exploration.
WW--Weather and Water Programs.
CT--Commerce and Transportation.
C--Climate Programs.
ALL--NOAA-wide Programs.
The Committee notes that Weather Service employees and
their families are living in their offices in St. Paul, AK,
because no housing is available for rental in that remote
community in the Pribilof Islands. The Committee directs NOAA
to use funds from the $13,500,000 recommended for weather
forecast office construction or $13,487,000 provided for fiscal
year 2004 to address this problem expeditiously.
The Committee directs that NOAA's National Weather Service
continue to operate the weather radar and office in Williston,
ND. The Committee notes that there are concerns regarding
severe winter weather forecasts for northwestern North Dakota
and northeastern Montana and that a study was performed (and
independent analysis is ongoing) regarding the radar and
forecast coverage.
Integrated Coastal and Ocean Observation System.--As noted
earlier in the report, while most of the ICOOS initiative is
funded under the NOAA Oceans and Coasts line office, NOAA's
Weather Service will play a major role in the development and
deployment of this initiative. The Committee has provided that
not less than $2,000,000 of the total for ICOOS will be for
joint development with the National Centers for Environmental
Prediction Environmental Modeling Center to create operational
coastal and ocean forecast models. NOAA Oceans and Coasts will
work with the NOAA National Data Buoy Center in upgrading
existing ``marine weather buoys'' to be full environmental
observation systems that observe marine conditions both above
and below the surface of the ocean.
The Committee has on two occasions held hearings in Alaska
at which NOAA representatives have testified. These hearings
have focused on climate change in the Arctic and impacts, such
as the influence of declining sea ice on coastal storms and
coastal erosion. In both hearings NOAA witnesses have admitted
that the agency's observational network in Alaska is sparse
compared with any other State. Accordingly, the Committee has
included an increase of $1,000,000 under the line item
``Coastal Global Ocean Observing System'' in the attached
table. These funds are for procurement of not less than four
new coastal marine automated observing systems [C-MAN] to be
installed and operated along Alaska's west coast along the
Bering and Chukchi Seas. The Committee hopes that these
observational improvements will lead to improved forecasts for
rural Alaskan communities in these coastal areas.
NOAA SATELLITES & DATA/NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND
INFORMATION SERVICE
The Committee recommends an appropriation of $912,865,000
for NOAA Satellites/National Environmental Satellite, Data, and
Information Service [NESDIS]. Committee recommendations are
displayed in the following table:
NOAA SATELLITES AND DATA/NATIONAL ENVIRONMENTAL SATELLITE, DATA AND
INFORMATION SERVICE
[In thousands of dollars]
------------------------------------------------------------------------
NOAA Fiscal year
Strategic Fiscal year 2005 operations, research, 2005 Committee
Goal facilities, and systems acquisition recommendation
------------------------------------------------------------------------
Environmental Satellite Observing Systems:
C Satellite Command and Control 3,586
CT Satellite Command and Control 1,076
ECO Satellite Command and Control 3,945
WW Satellite Command and Control 27,253
ALL NSOF Operations 5,898
------------------
Subtotal, Satellite Command and Control 41,757
==================
C Product Processing and Distribution 2,751
CT Product Processing and Distribution 826
ECO Product Processing and Distribution 3,027
WW Product Processing and Distribution 20,914
------------------
Subtotal, Product Processing and 27,518
Distribution
==================
Product Development, Readiness &
Application:
C Product Development, Readiness & 1,653
Application
CT Product Development, Readiness & 827
Application
ECO Product Development, Readiness & 5,826
Application
WW Product Development, Readiness & 12,232
Application
WW Joint Center/Accelerate Use of 3,441
Satellites
WW Research to Ops/Satellite 10,000
Oceanography
WW Global Wind Demo 4,000
------------------
Subtotal, Product Development, 37,979
Readiness & Application
==================
CT Commercial Remote Sensing Licensing & 1,978
Enforcement
------------------
Total, Environmental Satellite 109,232
Observing Systems
==================
NOAA's Data Centers & Information Services:
Archive, Access & Assessment:
C Archive, Access & Assessment 31,445
Archive, Access & Assessment/Climate
Database Modernization:
C MD 5,000
C Quality Assurance/Quality Control 1,500
(NC)
C Office of Space Commercialization 600
C GPS Interagency Board 500
C GOES Data Archive Project 2,473
------------------
Subtotal, Archive, Access & 41,518
Assessment
==================
ECO Coastal Data Development Center 5,513
C Regional Climate Centers 3,000
C International Pacific Research Ctr (U of 1,000
H)
C Environmental Data Systems Modernization 10,838
------------------
Total, NOAA's Data Centers & 61,869
Information Services
==================
CPayment to NOMAO 333
==================
Systems Acquisition and Construction:
Systems Acquisition:
C Geostationary Systems 6,111
ECO Geostationary Systems 6,111
CT Geostationary Systems 42,775
WW Geostationary Systems 250,541
------------------
Subtotal, GOES 305,537
==================
C Polar Orbiting Systems--POES 19,034
ECO Polar Orbiting Systems--POES 4,230
CT Polar Orbiting Systems--POES 8,460
WW Polar Orbiting Systems--POES 74,022
------------------
Subtotal, POES 105,746
==================
C Polar Orbiting Systems--NPOESS 54,882
ECO Polar Orbiting Systems--NPOESS 12,196
CT Polar Orbiting Systems--NPOESS 24,392
WW Polar Orbiting Systems--NPOESS 213,431
------------------
Subtotal, NPOESS 304,901
==================
C EOS & Advanced Polar Data Processing, 1,500
Distribution& A Archiving Systems
WW EOS & Advanced Polar Data Processing, 1,500
Distribution& A Archiving Systems
------------------
Subtotal, EOS 3,000
==================
C CIP--single point of failure 280
ECO CIP--single point of failure 84
CT CIP--single point of failure 308
WW CIP--single point of failure 2,128
------------------
Subtotal, CIP 2,800
==================
C Comprehensive Large Array Data 5,942
Stewardship Sys (CLASS)
------------------
Subtotal, NESDIS Systems 727,926
Acquisition
==================
Construction:
ALL Satellite CDA Facility 2,250
ALL Suitland Facility/NSOF 11,255
------------------
Subtotal, NESDIS Construction 13,505
==================
Total, Systems Acquisition and 741,431
Construction
==================
Total, NOAA Satellites & Data 912,865
------------------------------------------------------------------------
NOAA Strategic Goals:
ECO--Ecosystem Forecasting and Management.
OE--Ocean Exploration.
WW--Weather and Water Programs.
CT--Commerce and Transportation.
C--Climate Programs.
ALL--NOAA-wide Programs.
Climate Data.--The Committee urges NOAA to coordinate its
climate data management and archival activities for the Western
Pacific Region with the ongoing efforts of the University of
Hawaii's Asia-Pacific Data-Research Center [APDRC]. The
Committee is also concerned with the significant increase in
environmental data collection in Hawaii and the western
Pacific, and directs NOAA through the National Oceanographic
Data Center [NODC], the National Climatic Data Center [NCDC],
and the Pacific Services Center [PSC] to submit a report to
Congress detailing the region's environmental data and
information requirements for the establishment of a Pacific
Data Center that would address such needs.
NOAA PLANNING, AND PROGRAM INTEGRATION
The Committee recommends an appropriation of $4,000,000 for
Planning, and Program Integration [PPI], the newest NOAA ``line
office.'' The recommendation is $2,000,000 above the fiscal
year 2004 funding level and $2,000,000 above the budget
request.
The PPI organization is responsible for program
integration, overseeing cross-cutting, matrix managed programs,
and agency strategic planning. The Assistant Administrator and
PPI Office were created pursuant to the 2002 NOAA Program
Review, a bottom up fundamental review of NOAA's organization
which was based on employee recommendations from NOAA
activities around the Nation. The PPI plays a central role in
soliciting input from NOAA constituents, and in guiding the
future directions of the agency to ensure that NOAA programs
are responsive, efficient and modernizing so as to continue to
provide the environmental information and products needed by
U.S. policymakers and the American public. The PPI line office
is the only NOAA line office that has as its mission the
program and resource integration of the various NOAA line and
program offices around the country. The Assistant Administrator
PPI position is held by a career senior executive possessing
experience in several NOAA line offices; the office ensures
that NOAA leaders and programs focus on overall strategic goals
and output measures.
NOAA-WIDE PROGRAM SUPPORT
The Committee recommends an appropriation of $436,957,000
for NOAA-wide program support. Committee recommendations are
displayed in the following table:
NOAA WIDE PROGRAM SUPPORT
[In thousands of dollars]
------------------------------------------------------------------------
NOAA Fiscal year 2005
Strategic Fiscal year 2005 operations, research, Committee
Goal facilities, and systems acquisition recommendation
------------------------------------------------------------------------
Corporate Services:
Under Secretary and Associate Offices:
ALL Under Secretary and Associate 25,159
Offices Base
-------------------
Subtotal, Under Secretary and 25,159
Assoc. Ofc
===================
Policy Formulation and Direction:
ALL NOAA Wide Corporate Services and 41,500
Agency Management
ALL CAMS--Financial Management System 15,000
ALL Payment to the DOC Working Capital 39,000
Fund
ALL Payment to the NOAA Business 58,000
Management Fund
-------------------
Subtotal, Policy Formulation and 153,500
Direction
===================
Total, Corporate Services 178,659
===================
NOAA Education Programs:
ALL NOAA Education Office and Program/ 11,500
Education Initiative
ALL Ocean Science Bowl 1,000
ALL JASON Education and Outreach 2,500
ALL Bay Watersheds Education & Training 2,500
Program
ALL BWET Hawaii 1,500
ALL Narragansett Bay Marine Education (Save 500
the Bay)
-------------------
Total, NOAA Education Programs 19,500
===================
Facilities:
ALL NOAA Fac Mgmt & Construction/Backlog Of 9,895
Maintenance & Repair
ALL NOAA-wide Facility Maintenance 18,000
(consolidated)
ALL Boulder Facilities Operations 4,564
ALL Western Regional Center Operations & 702
Maintenance
-------------------
Subtotal, NOAA Fac Mgmt, Const& Maint 33,161
===================
ALL Environmental Compliance& Safety 4,000
-------------------
Total, Facilities 37,161
===================
Marine Operations & Maintenance:
Marine Services:
ALL Marine Services (Data Acquisition) 74,774
ALL NOAA Corp Pay Differential 1,000
ALL NANCY FOSTER Operations Differential 550
ALL FAIRWEATHER Operations 5,700
ECO OSCAR DYSON Operations 4,500
OE Ocean Exploration DAS 2,000
ALL UNOLS (Days at Sea--West Coast) 2,500
ALL HI'IALAKAI Operations 4,600
-------------------
Subtotal, Marine Services 95,624
(including base)
===================
Fleet Planning and Maintenance:
ALL Fleet Planning and Maintenance 12,485
ALL NANCY FOSTER Maintenance 450
ALL FAIRWEATHER Maintenance 791
ECO OSCAR DYSON Maintenance 400
ALL HI'IALAKAI Maintenance 400
-------------------
Subtotal, Fleet Planning and 14,526
Maintenance
===================
Total, Marine Operations and 110,150
Maintenance
===================
Office of Marine & Aviation Operations:
Aviation Operations:
ALL NOAA Aircraft Flying Hours and 18,746
Maintenance
-------------------
Total, Aviation Operations 18,746
===================
ALL Future Healthcare Benefits for Current 1,941
Officers
-------------------
Total, Office of Marine & Aviation \1\ 130,837
Operations
===================
NOMAO:
Fleet Replacement:
CT FAIRWEATHER Hydrographic Launches 3,000
and EFH Equipment
CT Small Waterplane Area Twin Hull 10,000
Vessel (SWATH) & EFH Equipment
ECO NANCY FOSTER equipment 1,800
ECO Fisheries Research Vessel 5,000
Replacement #1
ECO Fisheries Research Vessel 34,000
Replacement #3
ECO Fisheries Research Vessel #4 Long 5,000
Lead Procurement
ECO Sonar for Long Range Fisheries 6,000
Research
-------------------
Subtotal, OMAO Fleet Replacement 64,800
===================
Aircraft Replacement:
ALL G-IV Hurricane Aircraft Instrument 4,000
Upgrade
ALL Aircraft Safety and Equipment 3,000
-------------------
Subtotal, OMAO Aircraft 7,000
Replacement
===================
Total, Ship Building, Sys. Acq. & 71,800
Construction
===================
Total, NOAA Wide Program Support 437,957
===================
Transfers:
Promote & Develop American Fisheries (57,000)
Coastal Zone Management Fund (3,000)
-------------------
Subtotal ORFSA Transfers (60,000)
------------------------------------------------------------------------
NOAA Strategic Goals:
ECO--Ecosystem Forecasting and Management.
OE--Ocean Exploration.
WW--Weather and Water Programs.
CT--Commerce and Transportation.
C--Climate Programs.
ALL--NOAA-wide Programs.
\1\ In addition, line office allocations include payments of
$4,401,000 for NOMAO services.
Three years ago, the Committee provided NOAA with a 10 year
old Navy vessel to be used for oceanographic research in the
Southeast Atlantic region. That vessel, the NANCY FOSTER, has
replaced the FERREL, which served NOAA well for 36 years in the
same capacity before being decommissioned in November, 2002.
The Committee is aware that the South Carolina Department of
Natural Resources [SCDNR] has expressed interest in assuming
ownership of the FERREL and using the vessel to continue State
sponsored research that has been complimentary to NOAA's
mission for many years. The Committee directs the NOAA
Administrator to transfer the FERREL to the SCDNR or its
designee within 90 days of enactment.
The Committee recognizes the outstanding educational
outreach for K-12 youth conducted by the NOAA Office of Ocean
Exploration. Of the total provided for Ocean Exploration, the
Committee recommends that up to $1,500,000 be used for the Sea
Research Foundation's Immersion Project. This prevention
initiative uses science-based technologies, working with youth
service organizations like the Boys & Girls Clubs, to teach
young people, primarily from disadvantaged communities. NOAA
Ocean Exploration missions and the telepresence capabilities of
the new exploration vessel will be used to promote science
education and leadership skills for disadvantaged youth and
will build upon the overall programs excellent record of the OE
program to date by bringing in new external partners.
PACIFIC COASTAL SALMON RECOVERY FUND
Appropriations, 2004.................................... $89,052,000
Budget estimate, 2005................................... 100,000,000
Committee recommendation................................ 99,000,000
The Committee recommends $99,000,000 for Pacific Coastal
Salmon Recovery Fund. The recommendation is $9,948,000 above
the fiscal year 2004 funding level and $1,000,000 below the
budget request.
Within the funding for this appropriation, the Committee
allocates funds as follows:
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
State of Alaska........................................ $26,000,000
State of California.................................... 14,000,000
State of Idaho......................................... 6,000,000
State of Oregon........................................ 14,000,000
State of Washington.................................... 27,000,000
Columbia River Tribes.................................. 3,000,000
Pacific Coast Tribes................................... 9,000,000
------------------------------------------------------------------------
Of the funds provided for the State of Alaska: $3,500,000
is for the Arctic Yukon-Kuskokwim Sustainable Salmon
initiative; $1,000,000 is for the Cook Inlet Fishing Community
Assistance Program; $500,000 is for the Yukon River Drainage
Association; $3,368,000 is for Fairbanks hatchery facilities;
$250,000 is for an initiative to redefine optimum goals for
sockeye, Chinook, and coho stocks; $2,500,000 is for the NSRAA
Hatchery; $500,000 is for The Natural Tag--TNT project;
$500,000 is for Coffman Cove king salmon; $1,000,000 is for
Cook Inlet fishing assistance Kenai peninsula; $250,000 is for
the State of Alaska to participate in discussions regarding the
Columbia River hydro-system and for fisheries revitalization;
$100,000 is for the United Fishermen of Alaska's subsistence
program; $3,500,000 is to restore salmon fisheries in Anchorage
at Ship Creek, Chester Creek, and Campbell Creek, including
habitat restoration and facilities; $500,000 is to restore
salmon runs in Resurrection Bay at the Alaska SeaLife Center;
$200,000 to the Southeast Revitalization Association for its
fleet stabilization program; $1,000,000 for the Kenai River;
and $200,000 to restore the Craig watershed.
Of the funds provided for the State of Washington Salmon
Recovery Funding Board, $4,000,000 shall be allocated directly
to the Washington State Department of Natural Resources and
other State and Federal Agencies for purposes of implementing
the State of Washington's Forest and Fish Report. The funding
shall be spent in accordance with the terms and conditions of
the Forest and Fish Report and consistent with the requirements
of the Endangered Species and Clean Water Acts. Further,
$1,590,000 is for the purchase of mass marking trailers.
FISHERMEN'S CONTINGENCY FUND
Appropriations, 2004....................................................
Budget estimate, 2005................................... $956,000
Committee recommendation................................ 956,000
The Committee recommends an appropriation of $956,000 for
the fishermen's contingency fund. The recommendation is
$956,000 above the fiscal year 2004 funding level and identical
to the budget request.
The fishermen's contingency fund provides compensation to
U.S. fishermen for damage or loss of fishing gear and any
resulting loss because of natural or man-made obstructions
related to oil and gas exploration, development, and production
on the Outer Continental Shelf.
FOREIGN FISHING OBSERVER FUND
Appropriations, 2004....................................................
Budget estimate, 2005................................... $191,000
Committee recommendation................................ 191,000
The Committee recommends an appropriation of $191,000 for
the foreign fishing observer fund. The recommendation is
$191,000 above the fiscal year 2004 funding level and identical
to the budget request.
Fees paid into the fund are collected from owners and
operators of certain foreign fishing vessels that fish within
the U.S. fishery conservation zone. The fund supports salaries
of United States observers and program support personnel, other
administrative costs, and the cost of data management and
analysis.
FISHERIES FINANCE PROGRAM ACCOUNT
Appropriations, 2004.................................... $287,000
Budget estimate, 2005...................................................
Committee recommendation................................ 287,000
The Committee recommends an appropriation of $287,000 in
subsidy appropriations for the NOAA Fisheries Finance Program
Account. The recommendation is identical to the fiscal year
2004 funding level and $287,000 below the budget request. The
recommendation provides support for the following: $5,000,000
for Individual Fishing Quota loans; and $59,000,000 for
traditional fisheries finance direct loans, of which
$40,000,000 may be used for direct loans to the United States
distant water tuna fleet and $19,000,000 is for the menhaden
fishery.
OTHER
Departmental Management
SALARIES AND EXPENSES
Appropriations, 2004.................................... $46,791,000
Budget estimate, 2005................................... 56,021,000
Committee recommendation................................ 55,550,000
The Committee recommends an appropriation of $55,550,000
for Departmental Management Salaries and Expenses. The
recommendation is $8,759,000 above the fiscal year 2004 funding
level and $471,000 below the budget request.
Within Departmental Management, the Salaries and Expenses
account provides funding for the Secretary, Deputy Secretary,
and support staff. Responsibilities involve policy development
and implementation affecting United States and international
activities as well as establishing internal goals and
operations of the Department.
Security Enhancements.--The Committee is aware that the
Department of Commerce is planning security improvements at the
National Oceanic and Atmospheric Administration and National
Institute of Science and Technology laboratories in Boulder,
CO. The Department may proceed with these security improvements
provided that no funds may be used to design, build, or
renovate any security improvements in violation of interests
granted to the City of Boulder, or without making adequate
provisions to preserve sacred and tribal lands and interests of
local tribal entities, or without prior written agreement
between the Department and the City of Boulder and other
parties; as described in the Department's Memorandum of
Understanding with the City of Boulder and other parties,
entitled First Amended Memorandum of Agreement (May 8, 1998).
UNITED STATES TRAVEL AND TOURISM PROMOTION ADVISORY BOARD
Appropriations, 2004....................................................
Budget Estimate, 2005...................................................
Committee recommendation................................ $20,000,000
The Committee recommends an appropriation of $20,000,000
for the United States Travel and Tourism Promotion Advisory
Board. The recommendation is $20,000,000 above the fiscal year
2004 funding level and $20,000,000 above the budget request.
The purpose of the United States Travel and Tourism
Promotion Advisory Board is to advise the Secretary of Commerce
on how best to increase the number of international visitors to
the United States and ensure that the share of the United
States' international receipts continues to grow.
OFFICE OF THE INSPECTOR GENERAL
Appropriations, 2004.................................... $20,894,000
Budget estimate, 2005................................... 22,249,000
Committee recommendation................................ 21,071,000
The Committee recommends an appropriation of $21,071,000.
The recommendation is $177,000 above the fiscal year 2004
funding level and $1,178,000 below the budget request.
General Provisions--Department of Commerce
Section 201 makes Commerce Department 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 202 makes appropriations for salaries and expenses
available for the hire of passenger motor vehicles, and for
services, uniforms, and allowances as authorized by law.
Section 203 provides the authority to transfer funds
between Department of Commerce accounts and within NOAA
appropriations. The provision makes transfers subject to the
Committee's standard reprogramming procedures.
Section 204 provides that any cost resulting from personnel
actions shall be absorbed by the affected Department or Agency.
Section 205 promotes fish products and research.
Section 206 allows the Secretary to operate a marine
laboratory.
Section 207 clarifies section 211(b) of Public Law 108-199.
Section 208 amends 16 U.S.C. 1881 concerning counting of
harvested fish.
Section 209 provides for a fishing capacity reduction
program for the Alaska Purse Seine Fishery.
Section 210 establishes the position of Coordinator for
International Intellectual Property Enforcement.
Section 211 provides for funding within NIST.
Section 212 provides continued authorization for the
environmental cleanup of the Pribilof Islands.
Section 213 addresses recent confusion regarding the
relationship of a State law addressing the operation of
thrillcraft with certain Federal laws. This language does not
affect 16 U.S.C. 1535(f), which allows States to enforce laws
and regulations more restrictive than Federal laws for
endangered or threatened species, including humpback whales.
Section 214 establishes the Ernest F. Hollings Scholarship
program. The purposes of this undergraduate scholarship program
are: (1) to increase undergraduate training in oceanic and
atmospheric science, research, technology, and education and
foster multidisciplinary training opportunities; (2) to
increase public understanding and support for stewardship of
the ocean and atmosphere and improve environmental literacy;
(3) to recruit and prepare students for public service careers
with the National Oceanic and Atmospheric Administration [NOAA]
and other natural resource and science agencies at the Federal,
State, and local levels of government; and (4) to recruit and
prepare students for careers as teachers and educators in
oceanic and atmospheric science and to improve scientific and
environmental education in the United States. Scholarships
shall be awarded competitively in accordance with guidelines
issued by the NOAA Administrator and published in the Federal
Register. This program will be funded in fiscal year 2005 and
annually hereafter by setting aside one-tenth of 1 percent of
total amounts made available for NOAA Operations, Research,
Facilities and Systems Acquisition.
Establishment and annual operation of this scholarship
program honors the legacy of environmental commitment and
excellence consistently demonstrated during Senator Ernest F.
Hollings almost 60 year career in public service. As a State
Legislator, Governor and U.S. Senator, and member and leader of
the Senate Commerce, Justice, and State, the Judiciary and
Related Agencies Appropriations Subcommittee as well as the
Commerce, Science and Transportation Committee--Ernest F.
Hollings has demonstrated an unwavering commitment to the
Nation's oceans, atmosphere, and environmental programs,
including improving environmental literacy and education for
all Americans.
TITLE III--THE JUDICIARY
The Committee recommends a total of $5,361,623,000 for the
judiciary. The recommendation is $230,187,000 above the fiscal
year 2004 funding level and $343,003,000 below the budget
request.
The funds provided in title III of the accompanying bill
are for the operation and maintenance of the U.S. Courts and
include the salaries of judges, magistrates, supporting
personnel, and other expenses of the Federal Judiciary.
The Committee recommendation supports the Federal Judiciary
and recognizes the critical role it plays in our government. An
effective and efficient judicial system is a critical component
of the overall justice system. The Committee commends the
dedication of the judges, judicial officers, court employees,
and support staff.
The Committee emphasizes that all judicial operations and
requirements operate within the Federal budgetary system and,
with the exception of the mandatory judicial accounts, are
considered within the definition of domestic discretionary
spending. As such, tight budget levels will continue to affect
the judiciary in the same manner as they impact all executive
branch agencies and programs.
In addition, the judiciary is reminded that Section 605 of
the accompanying Act applies to the Third Branch as well as the
executive branch.
Steady growth in costs associated with defender services
and pay and benefits at a time of limited resources continues
to put serious pressure on the judiciary budget. The Committee
urges the judiciary to make every effort to contain
``mandatory'' costs, particularly staff salaries.
The Committee does not support the judiciary's request for
program increases for personnel at a time when the judiciary is
planning significant furloughs, layoffs, and early out
programs. The Committee recommendation funds programs necessary
to maintain current services and retain current employees. As
such, the Committee does not support the request for
``cafeteria benefits'' of $37,138,000. The Committee urges the
Judicial Conference to consider directing all available funds
to the local courts to prevent adverse personnel separations
instead of attracting new employees.
Supreme Court of the United States
SALARIES AND EXPENSES
Appropriations, 2004.................................... $54,797,000
Budget estimate, 2005................................... 58,122,000
Committee recommendation................................ 58,122,000
The Committee recommends an appropriation of $58,122,000
for the Justices, their supporting personnel, and the costs of
operating the Supreme Court, excluding the care of the building
and grounds. The recommendation is $3,325,000 above the fiscal
year 2004 funding level and identical to the budget request.
Personnel Increases.--The Committee understands the Supreme
Court's long-term requirements for personnel are a top
priority. Therefore, within the funds provided, the Court shall
make the personnel adjustments as outlined in the budget
request.
CARE OF THE BUILDING AND GROUNDS
Appropriations, 2004.................................... $26,386,000
Budget estimate, 2005................................... 10,579,000
Committee recommendation................................ 10,579,000
The Committee recommends an appropriation of $10,579,000
for personnel and other services related to the Supreme Court
building and grounds, which is supervised by the Architect of
the Capitol. The recommendation is $15,807,000 below the fiscal
year 2004 funding level and identical to the budget request.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
Appropriations, 2004.................................... $20,468,000
Budget estimate, 2005................................... 25,007,000
Committee recommendation................................ 20,624,000
The Committee recommends an appropriation of $20,624,000.
The recommendation is $156,000 above the fiscal year 2004
funding level and $4,383,000 below the budget request.
The Committee does not support funding a Deputy Circuit
Executive ($135,000), as the budget justification has not shown
a workload need, in relation to the other circuits, for such a
position.
In addition, the Committee does not support the requests
for $246,000 to develop and maintain a disaster recovery plan
and $160,000 for an independent security assessment. By fiscal
year 2005, the court should have already prepared such a plan
and should consider maintaining it within available resources.
Also, the Committee does not support the request for $845,000
for perimeter barriers since such barriers should be provided
by the General Services Administration.
U.S. Court of International Trade
SALARIES AND EXPENSES
Appropriations, 2004.................................... $13,938,000
Budget estimate, 2005................................... 15,073,000
Committee recommendation................................ 14,060,000
The Committee recommends an appropriation of $14,060,000.
The recommendation is $122,000 above the fiscal year 2004
funding level and $1,013,000 below the budget request.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
Appropriations, 2004.................................... $3,955,036,000
Budget estimate, 2005................................... 4,320,244,000
Committee recommendation................................ 4,131,487,000
The Committee recommends an appropriation of
$4,131,487,000. The recommendation is $176,451,000 above the
fiscal year 2004 funding level and $188,757,000 below the
budget request.
The Committee is not supportive of the request for program
increases as stated in the beginning of this title. The
Committee is extremely concerned about not furloughing or
laying off personnel. The Judicial Conference is urged to
reconsider this course of action by making the retention of
current personnel a top priority and directing funds to the
courts to the greatest extent possible to assist them in this
perilous situation.
Judiciary Information Technology Fund.--The Committee does
not support the full request for the Judiciary Information
Technology Funds [JITF] account. The Committee does not support
the addition of $1,699,000 in the JITF request for ``new
project startup costs'' without any explanation or
justification or the $1,663,000 listed as ``other projects''.
In addition, the Committee does not support the judiciary's
plan to divert any portion of the $5,300,000 to provide
broadband access for court employees who want access to files
from locations other than court facilities. This ``New
Information Technology Upgrades'' provides remote capability
and should be a lower priority to the courts than retaining
personnel.
In addition, the Committee continues to be concerned about
the high percentage of operations and maintenance [O&M] costs
versus new information technology projects. The Committee is
aware that several projects are continuing to add new and/or
remaining functionality to products after deployment and
treating this cost as O&M in an attempt to keep the reported
cost of the project down. Therefore, when submitting the fiscal
year 2005 financial plan to the Committees on Appropriations,
and each year thereafter, the Administrative Office of the
United States Courts [AO] shall include a separate and detailed
JITF financial plan that includes all on-going projects and an
accounting of O&M costs.
The Committee is aware that the Financial Accounting System
for Tomorrow [FAS4T] has successfully completed its deployment
throughout the judiciary. This project has had a long history
and the Committee is pleased it is now complete. The entire
project team should be commended for this valuable addition to
the judiciary.
Edwin L. Nelson Local Initiative Program.--The conference
report accompanying Public Law 108-199, enacted on January 23,
2004, specified $1,800,000 for the Edwin L. Nelson Local
Initiatives Program. This money was intended to be used to: (1)
establish and operate a national clearing house; (2) facilitate
local court collaboration; (3) expand training at the circuit
level; and (4) provide information technology grants to local
courts. This program was designed to assist local courts with
developing solutions for the unique problems they experience.
The grants portion of this program is instrumental to efforts
to develop these solutions and share them with other courts
throughout the country.
Contrary to the intent of the conference report, the AO did
not develop a process for local courts to apply for these
grants for over 5 months. It was not until this Committee
notified the AO on May 17 of its non-compliance that it agreed
to notify the courts that they could apply for grants this
year. Even with this direction, the courts were not notified
until mid-June of this option. However, absent a national
process, the Office of Information Technology did identify
eight courts to receive grants. The rest of the judiciary will
now compete for the remaining funds. By delaying and
abbreviating the grants portion of this program, the Office of
Information Technology denied local courts the opportunity to
properly evaluate their needs and apply for fiscal year 2004
grants.
As specified in the bill language, $1,300,000 of the amount
appropriated for the Judiciary Information Technology Fund
shall be set aside for the Edwin L. Nelson Local Initiatives
Program, of which not less than $1,000,000 shall be reserved
for local court grants.
Within 30 days of enactment of this Act, the AO will report
to the Committee on Appropriations the financial status of this
program. This report, at a minimum, will include a list of all
courts that have received grants to date, the reason for the
grant, and the amount provided. Hereafter, the AO shall submit
this information on a quarterly basis.
Office of Probation and Pretrial Services.--The Office of
Probation and Pretrial Services [OPPS] in the District of
Florida Southern has developed an automated ``Pre-Sentence
Investigative Form'' that has saved considerable time and money
in their office. The Committee lauds this office for their
success in this project. The Committee urges the AO to consider
this product as an enhancement to the existing PACTS/ECM
project.
In addition, the OPPS in Florida Southern has developed a
Pre-Sentence Database that has saved 2-3 clerk positions. This
database, in combination with the Automated Pre-Sentence Report
will save this office a minimum of $250,000 per year. The
Florida Southern Office of Probation and Pretrial Services is
commended for their initiative. This is a great example of how
local initiatives can be leveraged either at the national level
or shared among other courts to save a considerable amount of
money. The Edwin L. Nelson Local Initiative Program was
designed for exactly this purpose.
VACCINE INJURY TRUST FUND
Appropriations, 2004.................................... $3,159,000
Budget estimate, 2005................................... 3,471,000
Committee recommendation................................ 3,159,000
The Committee recommends an appropriation of $3,159,000.
The recommendation is identical to the fiscal year 2004 funding
level and $312,000 below the budget request.
Defender Services
Appropriations, 2004.................................... $598,116,000
Budget estimate, 2005................................... 681,612,000
Committee recommendation................................ 648,116,000
The Committee recommends an appropriation of $648,116,000.
The recommendation is $50,000,000 above the fiscal year 2004
funding level and $33,496,000 below the budget request.
This account funds the operations of the Federal public
defender and community defender organizations and the
compensation, reimbursement, and expenses of attorneys
appointed to represent persons under the Criminal Justice Act
[CJA], as amended.
Office of Court Administration and Defender Services.--The
Federal Defender's Office [FDO] in the Southern District of
Florida has developed a highly successful program to train,
supervise, provide continuing education and mentor public
defenders. This has resulted in a high degree of expertise in
the Defender's Office and in the CJA panel attorneys in this
district. The Federal Public Defender, the staff attorneys and
the administrative staff are to be commended for their
professionalism, dedication, and successes while building a
program that is a model for the rest of the judiciary. This
Committee enthusiastically supports the program this office has
built and highly encourages the judiciary to use their complete
program as a guide for other FDO's to follow.
Criminal Justice Act Panel Attorney Rates.--CJA panel
attorney representations and pay rates have been thoroughly
examined by this Committee. As a result, the Committee believes
in order to maintain a high quality of panel representations,
both the hourly rates and case compensation maximums must be
addressed. Within the amounts provided herein, and effective
January 1, 2005, this Committee recommends the hourly rates
payable to capital case attorneys be increased to $160 per
hour.
In addition, the case compensation maximum amounts
presently in effect are creating an unnecessary hardship on
panel attorneys, court staff, and judges. Many judges
administratively reduce the requested compensation on panel
attorney vouchers in order to not exceed the statutory maximum
and thereby reduce the administrative burden on chief judges.
As a result, many panel attorneys in non-capital cases receive
less compensation than they deserve. To make the representation
compensation more accurately reflect actual expenses, this
Committee increases the maximum compensation limits as outlined
in section 304 of the accompanying Act.
Fees of Jurors and Commissioners
Appropriations, 2004.................................... $57,213,000
Budget estimate, 2005................................... 62,800,000
Committee recommendation................................ 62,800,000
The Committee recommends an appropriation of $62,800,000.
The recommendation is $5,587,000 above the fiscal year 2004
funding level and reflects the judiciary's reestimate of fiscal
year 2005 requirements.
This account provides for the fees and allowances of grand
and petit jurors and for the compensation of land commissioners
and jury commissioners.
Court Security
Appropriations, 2004.................................... $274,580,000
Budget estimate, 2005................................... 383,282,000
Committee recommendation................................ 274,653,000
The Committee recommends an appropriation of $274,653,000.
The recommendation is $73,000 above the fiscal year 2004
funding level and $108,629,000 below the budget request.
The Committee is concerned about the security of the United
States Courthouses and the safety of all judicial employees and
urges the Administrative Office to work closely with the United
States Marshals Service to forge an effective and lasting
accommodation to achieve this common goal.
The Committee notes the budget request for the judiciary
assumes the transfer of security costs of the Federal
Protective Service [FPS], previously paid for under the
Salaries and Expenses and Defender Services accounts, to the
Court Security account. The Committee recommendation does not
include this transfer. The Committee is concerned over the size
of the increase in FPS costs in fiscal year 2005 and prohibits
the expenditure of any additional funds until sufficient
justification for the 34 percent increase to the judiciary is
provided to the Administrative Office of the United States
Courts by the Department of Homeland Security. Once a breakout
of the full FPS security costs by Federal agency is provided,
the Committee will reconsider both the prohibition on the
expenditure of the additional funds and the transfer of these
funds to this account.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
Appropriations, 2004.................................... $65,305,000
Budget estimate, 2005................................... 72,154,000
Committee recommendation................................ 67,249,000
The Committee recommends an appropriation of $67,249,000.
The recommendation is $1,944,000 above the fiscal year 2004
funding level and $4,905,000 below the budget request.
The Committee is aware of the cost saving measures the
Executive Committee and the Director of the AO have instituted
and lauds them for their leadership in this difficult time of
reduced and critical resources. The Committee urges them to
continue these cost saving procedures and to assist the local
courts to the maximum amount possible so as to minimize
additional furloughs and reductions of court staff.
The Committee cannot support a request for 6 full time
equivalents and $617,000 for program oversight while the courts
are experiencing large scale staff reductions. The Committee
urges the AO to consider additional ways to handle the workload
with the existing staff.
The AO shall submit a report to the Committees on
Appropriations on the Edwin L. Nelson Local Initiatives Program
within 30 days of enactment of this Act as outlined above under
``Salaries and Expenses, Courts of Appeals, District Courts and
Other Judicial Services'' and section 306 of the accompanying
Act.
This Committee does not support the request for
``cafeteria-style'' benefits ($432,000) for reasons stated in
the beginning of this title. The Committee recommends that the
AO reconsider this proposal and defer to the Judicial
Conference for policy guidance.
The AO is reminded that Section 605 of the accompanying Act
applies to the judiciary, and as such, expects the AO to notify
the Committees on Appropriations before taking any actions
covered by this section.
Federal Judicial Center
SALARIES AND EXPENSES
Appropriations, 2004.................................... $21,214,000
Budget estimate, 2005................................... 22,126,000
Committee recommendation................................ 21,670,000
The Committee recommends an appropriation of $21,670,000.
The recommendation is $456,000 above the fiscal year 2004
funding level and $456,000 below the budget request.
The Federal Judicial Center [FJC] improves the management
of Federal judicial dockets and court administration through
education for judges and staff and research, evaluation, and
planning assistance for the courts and the judicial conference.
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
Appropriations, 2004.................................... $29,000,000
Budget estimate, 2005................................... 36,700,000
Committee recommendation................................ 36,700,000
The Committee recommends an appropriation of $36,700,000
for payments to the Judicial Officers' Retirement Fund and the
Claims Court Judges Retirement Fund. The recommendation is
$7,700,000 above the fiscal year 2004 funding level and
identical to the budget request.
These funds cover the estimated annuity payments to be made
to retired bankruptcy judges and magistrate judges, claims
court judges, and spouses and dependent children of deceased
judicial officers.
United States Sentencing Commission
SALARIES AND EXPENSES
Appropriations, 2004.................................... $12,224,000
Budget estimate, 2005................................... 13,456,000
Committee recommendation................................ 12,404,000
The Committee recommends an appropriation of $12,404,000.
The recommendation is $180,000 above the fiscal year 2004
funding level and $1,052,000 below the budget request.
The purpose of the Commission is to establish, review, and
revise sentencing guidelines, policies, and practices for the
Federal criminal justice system. The Commission is also
required to monitor the operation of the guidelines and to
identify and report necessary changes to the Congress.
General Provisions--The Judiciary
The Committee recommends the following general provisions
for the judiciary.
Section 301 allows the judiciary to expend funds for the
employment of experts and consultant services.
Section 302 allows the judiciary, subject to the
Committee's reprogramming procedures, to transfer up to 5
percent between appropriations, but limits to 10 percent the
amount that can be transferred into any one appropriation.
Section 303 limits official reception and representation
expenses incurred by the Judicial Conference of the United
States to no more than $11,000.
Section 304 raises the compensation maximums for CJA panel
attorneys.
Section 305 requires the Administrative Office to submit an
annual financial plan for the judiciary.
Section 306 requires the AO to submit a report within 30
days on the Edwin L. Nelson Local Initiative Program.
Section 307 allows for a salary adjustment for Justices and
judges.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
The Committee recommends a total of $8,542,108,000 for the
Department of State and the Broadcasting Board of Governors.
The recommendation is $201,321,000 below the fiscal year 2004
funding level and $578,733,000 below the budget request.
Security, technology, and infrastructure accounts have received
the maximum funding deemed prudent.
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
Appropriations, 2004.................................... $4,063,488,000
Supplemental appropriations, 2004....................... 120,500,000
Budget estimate, 2005................................... 4,285,044,000
Committee recommendation................................ 4,151,755,000
The Committee recommends an appropriation of
$4,151,755,000. The recommendation is $32,233,000 below the
fiscal year 2004 funding level and $133,289,000 below the
budget request.
Within the amount provided, $658,701,000, the full amount
requested, is for Worldwide Security Upgrades, as described in
greater detail later in this section.
This appropriation account provides for the formulation and
execution of U.S. foreign policy, including the conduct of
diplomatic and consular relations with foreign countries,
diplomatic relations with international organizations, and
related activities. This account primarily funds the overseas
programs and operations of the Department of State.
Within the amount provided, $175,000 is to support the
United States' membership in the Arctic Council and $40,000 is
to support the United States' membership in the Bering Straits
Commission. The former includes funds for representation
expenses and travel for United States delegates.
The recommendation includes language directing that funding
provided under this heading be obligated in accordance with the
following table:
DIPLOMATIC & CONSULAR PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Regional Bureaus:
Bureau of African Affairs........................... 246,526
Bureau of East Asian and Pacific Affairs............ 250,618
Bureau of European and Eurasian Affairs............. 536,326
Bureau of Near Eastern Affairs...................... 185,128
Bureau of South Asian Affairs....................... 80,234
Bureau of Western Hemisphere Affairs................ 259,462
Bureau of International Organization Affairs........ 56,680
Office of International Conferences................. 3,122
FSN Separation Liability Trust Fund................. 8,361
---------------
Subtotal, Regional Bureaus........................ 1,626,457
===============
Functional Bureaus:
Ambassador's Fund for Cultural Preservation......... 4,000
Bureau of Arms Control.............................. 22,990
Bureau of Consular Affairs.......................... 3,164
Additional Consular Officers........................ 114,712
Counterterrorism Research and Development/Office of 1,800
the Coordinator for Counterterrorism...............
Cultural Antiquities Task Force..................... 1,000
Bureau of Democracy Human Rights and Labor.......... 12,601
Bureau of Diplomatic Security....................... 221,108
Diplomatic Telecommunications Service Program Office 7,814
Bureau of Economic and Business Affairs............. 29,044
Bureau of Educational and Cultural Affairs (also 1,000
funded under a separate heading)...................
Bureau of Information Resource Management........... 148,000
Bureau of Intelligence and Research................. 45,788
Bureau of Non-Proliferation......................... 25,178
Bureau of Oceans and Int'l Environmental and 23,548
Scientific Affairs.................................
Bureau of Political Military Affairs................ 28,955
Bureau of Population, Refugees, and Migration....... 493
Bureau of Public Affairs............................ 32,367
Bureau of Verification and Compliance............... 15,329
---------------
Subtotal, Functional Bureaus...................... 738,891
===============
Management:
Office of the Secretary............................. 62,230
Deputy Secretary for Management and Resources....... 7,698
Office on Right-Sizing the United States Overseas 3,000
Presence...........................................
Bureau of Resource Management....................... 97,532
Office of Protocol.................................. 6,279
---------------
Subtotal, Management.............................. 176,739
===============
Administration:
Bureau of Administration............................ 370,755
Bureau of Human Resources........................... 112,265
Bureau of Human Resources--Special Complement....... 65,311
Diplomatic Readiness Initiative--Annualized Costs... 45,000
Foreign Service Institute........................... 106,734
Continuing Overseas Language Training............... 10,000
Bureau of Legislative Affairs....................... 7,311
Post Assignment Travel.............................. 109,000
---------------
Subtotal, Administration.......................... 826,376
===============
Offices:
Office of Foreign Missions.......................... 4,222
Office of International Criminal Justice............ 1,152
Office of International Information Programs........ 48,763
Office of Strategic Planning for Public Diplomacy... [2,000]
Micro-grants........................................ [3,000]
Office of the Coordinator for Reconstruction and 1,000
Stabilization......................................
Office of the Legal Advisor......................... 37,916
Office of the Medical Director...................... 29,822
---------------
Subtotal, Offices................................. 122,875
===============
Other:
U.S. Membership in Arctic Council................... 175
U.S. Membership in Bering Staits Commission......... 40
Transfer to DEA for Training Provided............... 1,500
---------------
Subtotal, Other................................... 1,715
===============
Subtotal, Diplomatic and Consular Programs, Non- 3,493,053
Security.........................................
------------------------------------------------------------------------
Some of the Committee recommendations displayed in the
table are described in more detail in the following paragraphs.
9/11 COMMISSION REPORT
The 9/11 Commission Report focused overwhelmingly on the
efforts of other U.S. foreign affairs and intelligence agencies
to combat international terrorism, and specifically efforts to
combat the Al Qaeda terrorist network. The 9/11 Commission
Report's lack of attention to the role of the Department of
State, whether intentional or not, implied that the
Department's role was merely to issue travel warnings, grant
(or not grant) visas, and make futile attempts to convince the
Taliban to hand over Osama bin Laden to the United States or
its allies. While these were certainly among the Department's
missions prior to September 11, 2001, the 9/11 Commission
Report underrepresented the role of the Department of State in
the fight against international terrorism. The 9/11 Commission
Report missed an opportunity to highlight the United States'
failure to fight terror at its roots, a mission that falls
squarely under the purview of the Department of State. Through
its public diplomacy efforts, the Department of State seeks to
preempt and prevent terrorism by countering false or inaccurate
information about the United States, our values, and
intentions. Such mis- and disinformation is central to the
creation and recruitment of terrorists, as highlighted in the
9/11 Commission Report. Moreover, the State Department is the
only U.S. agency authorized and equipped to conduct the type of
outreach to foreign publics and governments that is crucial to
changing these uninformed and, unfortunately, widely-held
views.
Despite a lack of attention to Department of State
activities, the 9/11 Commission Report's recommendations
include activities in which the Department of State will and
must take the lead. Such recommendations include: identifying
terrorist sanctuaries; securing the help of foreign countries
in the war on terror; making a long-term commitment to the
security and stability of Afghanistan; building a better
relationship with Saudi Arabia; defining the U.S. ``message'';
defending American ideals abroad vigorously; providing
assistance to schools in Muslim countries; developing a
coalition strategy against Islamist terrorism; developing, with
the Department of Homeland Security, a biometric entry-exit
screening system for visitors to the United States; and
creating better mechanisms for sharing information about
terrorists with our allies.
The Department of State is directed to provide to the
Committee, within 30 days of enactment of this Act, a detailed
response to the conclusions and recommendations of the report
issued by the National Commission on the Terrorist Attacks Upon
the United States. This report shall include the Department's
preliminary plans for implementing some or all of the 9/11
Commission Report's recommendations. This report should also
answer the question, raised by the 9/11 Commission Report, of
whether the dominance of the regional bureaus within the
Department may hinder its combating terrorism mission. This
report shall also be made available, in unclassified form, to
the public on the Department's website.
DEPARTMENT MANAGEMENT
Reprogrammings.--In fiscal year 2003, the Department of
State undertook two separate reorganizations without submitting
reprogramming requests. One such reorganization involved the
Bureau of Political Military Affairs and the other involved
changing the Office of International Information Programs [IIP]
from office-level status to bureau-level status. Consequently,
the Committee still does not recognize IIP as a Bureau. In
fiscal year 2004, the Department of State submitted a
reprogramming request to relocate several full time equivalents
[FTEs] from the Bureau of Legislative Affairs to the Bureau of
Administration. However, the Department moved ahead with this
reorganization without the Committee's approval and without
giving the Committee sufficient time to review the request.
While the Department's violations of Section 605 were not as
flagrant in fiscal year 2004 as they were in fiscal year 2003,
some additional guidance is clearly needed. The Committee has
included bill language that will mitigate this problem in the
future.
Bureau of International Narcotics and Law Enforcement
Affairs.--The Committee is aware that the Bureau of
International Narcotics and Law Enforcement Affairs [INL]
remains delinquent on its reimbursement payments to the Drug
Enforcement Administration [DEA] for the international counter-
narcotics training DEA provides to foreign narcotics law
enforcement officers under an agreement with the State
Department. The recommendation includes bill language to
address this delinquency.
Financial Operations.--The Committee commends the
Department of State for the significant improvements it has
made in its financial operations. In 1994, the Department began
the process of streamlining and centralizing its overseas and
domestic financial operations in Charleston, South Carolina.
From Charleston, the Department pays over 25,000 Americans both
domestically and overseas and over 35,000 local national
employees in 180 different countries, bi-weekly, in local
currencies. The Committee is aware that the Office of
Management and Budget is in the process of consolidating
payroll operations among the Federal agencies. The Department
is directed to report to the Committee on the potential impact
of consolidation on the operations of the Charleston Financial
Services Center prior to making a commitment to any government-
wide payroll consolidation effort. Above all, the Department
must demonstrate to the Committee that consolidation would
result in cost-savings to the American taxpayers.
International Trade.--Every year, the State Department
attempts to pursue international trade activities that fall
under the jurisdiction of the Department of Commerce's
International Trade Administration, and in particular under the
jurisdiction of the United States and Foreign Commercial
Service. The State Department's efforts to expand its
jurisdiction in this area runs counter to the intent of the
Committee, which notes the expansive and intractable foreign
policy issues already confronting the Department. As in prior
years, no funding is recommended for these activities.
Clean Energy Technology Exports.--The Committee expects the
Department of State to fully participate in and contribute to
the Clean Energy Technology Exports [CETE] Initiative, a nine-
agency approach to help open international energy markets and
aid with the export of a range of United States clean energy
technologies.
Bureau of African Affairs.--The recommendation includes
$246,526,000 for the Bureau of African Affairs. Within this
amount, $2,500,000 is for the Office of the Assistant Secretary
of African Affairs and $13,500,000 is for the Office of the
Executive Director. The Committee is dissatisfied with the
level of support that the Bureau has given to the Special Court
for Sierra Leone. The Committee would consider a reprogramming
of funds to these offices if the Bureau demonstrates a greater
degree of support for, and cooperation with, the Special Court.
International Conference on North Korean Human Rights.--The
Committee is concerned about human rights violations occurring
in North Korea. The recommendation therefore includes, within
funds available for the Bureau of East Asian and Pacific
Affairs, $2,000,000 for the costs of an international
conference to examine the human rights situation in North
Korea. This conference will bring together non-governmental,
religious, and student leaders; organizations; and experts on
the issue. This conference will provide for an opportunity for
networking and information sharing, thereby focusing
international attention on North Korea's dismal human rights
record.
GLOBAL PRESENCE
Right-Sizing.--The report accompanying Public Law 108-401
established the Office on Right-Sizing the U.S. Government
Overseas Presence (``the Office''). The Office will be
responsible for the enterprise architecture for the United
States' overseas presence. The Office will lead the effort to
develop internal and interagency mechanisms to better
coordinate, rationalize, and manage the overall deployment of
U.S. Government overseas staff; enforce a uniform rightsizing
framework, as defined by the General Accounting Office; link
overseas staffing levels to firmly established foreign policy
priorities; move forward on regionalization initiatives; and
ensure that rightsizing standards are applied systematically to
final planning estimates for the staffing and design of all new
mission facilities. In carrying out its responsibilities, the
office should take into account the equities and missions of
other Federal agencies represented overseas. The Office shall
report to the Committee each year on June 1 on trends in
overseas staffing.
The Department is directed to seek the participation of
other relevant Federal agencies in staffing the Office. Within
funds made available for Diplomatic and Consular Programs,
$3,000,000 is only for the operations of the Office.
As part of its efforts, the Office will undertake an
initiative to review and recommend for right-sizing a
representative number of posts, including category 5+posts, in
fiscal year 2005. For the purposes of this review, staffing is
defined as all American and foreign national personnel, in all
employment categories, whether direct hire or contract, full-or
part-time, permanent or temporary.
Chiefs of Mission [COMs] play a central role in right-
sizing the U.S. Government overseas presence. The Office shall,
in its first June 1 report to the Committee, include
recommendations on new ways the Department can support COMs in
their right-sizing efforts. The report should include
recommendations for any legislative action that the Secretary
determines would be helpful in this regard.
The Committee recognizes that the Department's Capital
Security Cost Sharing [CSCS] program is an important element in
overall government-wide right-sizing efforts and is likewise an
Administration policy and priority, and that the Office on
Right-Sizing the U.S. Government Overseas Presence and the
Bureau of Overseas Buildings Operations [OBO] will have
responsibility for planning the staffing of embassies to be
constructed in this program, in coordination with all other
overseas agencies.
U.S. Presence in Brazil.--The Department currently
maintains 45 properties and 60 authorized full time permanent
U.S. direct-hire positions in Rio de Janeiro. Only 200 miles
down the road in Sao Paolo, the Department maintains 62
properties and another 60 authorized full time permanent U.S.
direct-hire positions. The Department recently renovated U.S.
Consulate General Sao Paolo's compound, at a total cost of
$85,700,000. The Committee fully supported this project. It is
not fiscally prudent for the U.S. Government to continue to
operate these two separate missions. The recommendation
therefore includes language directing the Department to close
the U.S. Consulate General Rio de Janeiro, and consolidate its
operations into the newly refurbished U.S. Consulate General
Sao Paolo. Many new demands are being placed on the Department
(in Iraq and Afghanistan, to name only the two most obvious),
and the Department must be willing to make tough decisions.
While it is a convenience to both Brazilians and Americans for
the United States to have a presence in both Rio de Janeiro and
Sao Paolo, it is not a necessity.
HUMAN RESOURCES
No funding is recommended for a fourth year of the
Department's Diplomatic Readiness Initiative [DRI]. The DRI was
supposed to be a 3-year initiative, begun in fiscal year 2002,
in which the Department planned to hire a total of 1,158 new
Foreign Service Officers [FSOs]. The Committee has provided
$250,000,000 over the last 3 years, which has allowed State to
hire 1,069 new Foreign Service Officers [FSOs] above attrition.
In addition to the new positions provided under DRI, since
fiscal year 2001 the Committee has provided $55,212,000 for 486
new Diplomatic Security agents above attrition and $59,384,000
for 340 new consular positions above attrition. The
recommendation for fiscal year 2005 includes full funding for
the 63 Consular Associates Replacements requested under Secure
Operations, the 71 additional Diplomatic Security positions
requested under Worldwide Security Upgrades, and the 60 Border
Security Staff positions requested under the Border Security
Program, as discussed in greater detail later in this section.
This will result in a total of 194 new State Department
personnel above attrition in fiscal year 2005. The Committee
reminds the Department that the Committee recommendation for
fiscal year 2005 represents the third straight year that the
Department has received substantial increases for hiring, while
other Federal agencies have faced reductions in force [RIFs].
Foreign Language Proficiency.--There is a continued
shortage of personnel at the State Department who possess the
language skills required for their positions. If our diplomats
truly are our ``first line of defense'' against threats from
abroad, then their ability to converse fluently in the
languages of the countries to which they are posted is critical
to national security. The Committee is pleased, however, with
recent policy changes made by the Department to give more
weight to foreign language proficiency in decisions concerning
the hiring and promotion of Foreign Service Officers. For
example, the Department has been targeting recruitment to
attract candidates to the Foreign Service who have preexisting
language skills, including those with native or ``heritage''
langauge skills. Applicants who have additional language skills
are given extra points in the hiring process. The Committee
directs the Department to report on further changes to its
hiring and promotion practices that may be necessary no later
than April 14, 2005. The Committee directs the Department to
act expeditiously to alter its policies in order to give
additional credit for critical languages, such as Arabic.
Continuing Overseas Language Training.--Language skills
ensure that dependents of Department of State personnel are not
overwhelmed by isolation and alienation, resulting in lowered
post morale. Within available funds, the Committee
recommendation directs that $10,000,000 shall be available only
for continuing language education programs for both employees
and dependents at posts worldwide. Language classes should also
be open to non-State Department (Federal) employees on a space-
available, reimbursable basis.
SECURITY
Worldwide Security Upgrades.--The Committee recommends an
appropriation of $658,701,000 for Worldwide Security Upgrades.
The recommendation is $18,805,000 above the fiscal year 2004
funding level and identical to the budget request. The
recommendation includes inflationary increases for equipment
(including technical equipment), information security, and
armored vehicle replacement. The recommendation includes the
requested funding level for personnel and training, the
Department's chemical/biological program, and maintenance of
the Department's emergency radio networks. The recommendation
for perimeter security enhancements is $1,262,000 above the
request.
The Committee recommendations are displayed in the
following table:
WORLDWIDE SECURITY UPGRADES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Ongoing Security Activities:
Center for Anti-Terrorism and Security Tranining.... 23,046
Guards/Worldwide Protection......................... 239,125
Physical Security Equipment......................... 19,791
Technical Support/Infrastructure.................... 63,021
Information/Systems Security........................ 53,288
Armored Vehicles Replacement........................ 11,026
Personnel/Training.................................. 158,996
Chemical/Biological Program......................... 17,422
Radio Program....................................... 7,626
Perimeter Security Enhancements..................... 44,662
TOPOFF III.......................................... 3,000
---------------
Subtotal, Ongoing Security Activities............. 641,003
===============
New Initiatives:
Additional 71 Security Professionals................ 14,698
Security Management Systems Initiative.............. 3,000
---------------
Subtotal, New Initiatives......................... 17,698
===============
Subtotal, Worldwide Security Upgrades............. 658,701
------------------------------------------------------------------------
Some of the Committee recommendations displayed in the
table are described in more detail in the following paragraphs.
TOPOFF III.--The Committee commends the Office of the
Coordinator for Counterterrorism for its continued involvement
in the Top Officials [TOPOFF] national domestic
counterterrorism exercise series. The Department of State,
working in partnership with the Department of Homeland
Security, contributes to the design, development, conduct, and
evaluation of this exercise. The Committee originally directed
the Department of Justice to undertake TOPOFF I in the fiscal
year 1999 appropriations bill. In 2003, under the direction of
the Committee, TOPOFF expanded to include the participation of
Canada, making TOPOFF II the first terrorism exercise of its
size to be conducted by the United States in cooperation with
another country. Within the amount made available for Worldwide
Security Upgrades, $3,000,000 is for the State Department's
participation in TOPOFF III. The Department is directed to
report to the Committee on the status of TOPOFF III within 30
days of enactment of this Act.
Border Security Program.--The recommendation includes
$836,480,000, the full amount requested, for the Department's
border security program. The border security program, funded
from Machine Readable Visa [MRV] fees paid by persons seeking
non-immigrant visas to the United States, and in part through
transfers from the Diplomatic and Consular Programs account, is
a critical component of the Department's efforts to assist and
protect United States citizens overseas and safeguard the
Nation's borders. Disruption of the border security program due
to an MRV fee shortfall must be avoided at all costs. The
recommendation therefore again includes language providing for
the automatic transfer of funding from the Diplomatic and
Consular Programs account to the account that funds the
Department's Border Security Program in the event of continued
MRV fee shortfalls in fiscal year 2005.
Consular Services Fees.--The recommendation includes
language raising the fees the Department of State may collect
for passports and immigrant visas.
Interagency Study on the Visa Clearance Process.--The
Committee agrees with the President that the U.S. Government
has no more important mission than protecting the homeland from
future terrorist attacks. We must use all legal means at our
disposal to identify and halt terrorists who attempt to enter
the United States. However, 3 years after September 11, our
visa clearance processes remain plagued by gaps and overlap.
Gaps give rise to dangerous scenarios where people who wish to
do harm to the United States and its citizens may enter this
country legally. Overlap leads to the unnecessary expenditure
of American tax dollars and unacceptable delays in the
adjudication of visas. There has to be a middle ground.
The Committee is concerned in particular about the overlap
that exists between the State Department-led clearance
processes, such as Visas Condor, which require name checks to
be performed by other Federal agencies that are redundant with
screening and analysis already performed by such entities as
the Terrorist Screening Center [TSC] and the Terrorist Threat
Integration Center [TTIC]. These entities were created in the
aftermath of September 11 to serve as a centralized repository
for all information related to the identity of known or
suspected terrorists. The primary mission of these entities is
to maintain databases against which applications for
nonimmigrant visas are checked. The information contained in
these databases serves as the basis for screening performed by
the Department of Homeland Security [DHS] and the Department of
State to prevent the entry of known or suspected terrorists
into the United States. For example, the Federal Bureau of
Investigation's [FBI] ``hit lists'' are fed to the TSC. It is
reasonable to question, then, why the Department of State
continues to refer visas to the FBI (as part of the Security
Advisory Opinion [SAO] process) when the same information is
used by TSC to screen the application. The various screening
entities (TSC, TTIC, etc.) have been adequately staffed and
equipped to produce quick turn around times for visa
processing. But these additional and unnecessary steps in the
visa clearance process have lead to tremendous visa backlogs.
In extreme cases, it takes an agency several months to act on a
visa application. This delay is unacceptable, and it is taking
a toll on Federal programs such as educational and cultural
exchanges and on the United States economy.
Enrollment of foreign students in U.S. universities has
dropped dramatically since September 11, partly because of the
administrative burdens and delays associated with obtaining a
student visa. Many students are turning to countries like
Canada and the United Kingdom to pursue college and advanced
degrees. This trend is disadvantageous for the U.S. economy, to
which foreign visitors contribute billions of dollars annually.
More worrisome, this trend works directly against the United
States' public diplomacy goals. One of the most effective ways
for the United States to win the ``hearts and minds'' of
foreign publics and governments is for them to travel to the
United States. There is no better way for foreigners to gain
understanding of American culture and values than to experience
the United States for themselves. Our own visa clearance
process is working against us in this regard.
A second and related problem with the U.S. visa clearance
process is that some agencies appear to be unwilling to give up
control of their own independent databases and, in some cases,
are even unwilling to provide all of the relevant information
to the screening entities. Some agencies have preferred to
continue to do ``business as usual'' even when the old way of
doing business no longer makes sense.
The recommendation therefore includes language directing
the FBI, DHS, and the Department of State to conduct a thorough
study of all matters relating to the efficiency and
effectiveness of the interagency process used to review
applications for nonimmigrant visas. In this study, the FBI,
DHS, and the Department of State shall develop recommendations
on which visa clearance procedures should be eliminated, which
visa clearance procedures should be retained, which Federal
agencies or entities should participate in each such procedure,
and the specific role these agencies should play in the various
visa clearance processes. The purpose of this study shall be to
determine which clearances should be eliminated as redundant,
which should be eliminated as irrelevant, and which continue to
have relevance. The study shall also determine which agencies
and/or other Federal entities (such as the screening entities)
should be involved in the visa clearance process and which
should not. Finally, the study shall determine what information
should be provided to the various screening entities by other
U.S. agencies. The FBI, DHS, and the Department of State are
directed, after the release of the study, to report regularly
to the Committee on whether such information is being provided
to the various screening entities by the relevant U.S.
agencies. The Committee eagerly awaits the FBI's, DHS', and
Department of State's report and intends to immediately
evaluate and, if warranted, implement its recommendations.
Agencies must commit to a reasonable period of time for
providing responses to visa clearance requests. If agencies
cannot commit to a reasonable time period, then the Committee
will set down time limitations for responses to clearance
requests in statute. Whether a visa is ultimately approved or
denied, it is in the United States interest to provide visa
applicants with a definitive answer in a predictable time
frame.
PUBLIC DIPLOMACY
Public diplomacy plays a critical role both in addressing
the root causes of terrorism and in U.S. foreign relations
generally. Despite progress in many other areas, the Department
has suffered setbacks with respect to its public diplomacy
program, most notably in the high turnover rate it has seen in
Undersecretaries for Public Diplomacy and Public Affairs. The
Committee urges the administration to consider nominating a
career person to the position of Undersecretary of Public
Diplomacy and Public Affairs who can commit to remaining in
this position for a period of at least 3 years.
Public Diplomacy Strategy.--In 2002, the Committee directed
the Department to promulgate a comprehensive, sustained, and
dynamic public diplomacy strategy. The first draft strategy,
transmitted in September 2002, contained a mere checklist of
actions taken by the Department in the area of public diplomacy
in response to the September 11 attacks. The second draft
strategy, transmitted in February 2003, articulated the goals
of the Department's public diplomacy program and organized its
public diplomacy initiatives into themes. This document was the
most useful public diplomacy planning tool produced by the
Department to date, to the credit of the Special Coordinator
for Public Diplomacy and Public Affairs. The document, however,
was not forward-looking. It did not contain a plan for how the
Department's public diplomacy function should evolve to meet
emerging priorities and needs. The third draft strategy,
transmitted in June 2003, was the first document to provide a
solid foundation from which the Department could begin to build
the comprehensive, dynamic, and sustained public diplomacy
strategy envisioned by the Committee.
The Committee identified 5 ways in which the Strategy
submitted in June 2003, should be refined by the Department:
(1) the Strategy's proposals needed to be tied to budgetary
resources; (2) mechanisms needed to be built into the Strategy
that would allow the Department flexibility to shift programs
and resources in response to changing world events and U.S.
interests; (3) the Strategy needed to provide more guidance on
how to coordinate the Department's public diplomacy components;
(4) the Strategy needed to contain more ``thinking outside the
box''; and (5) the Strategy needed to provide for better
coordination with the Broadcasting Board of Governors [BBG].
The Department was directed to submit the revised Public
Diplomacy Strategy to the Committees on Appropriations by March
1, 2004. The Department submitted an addendum to the June 2003,
Strategy on March 2, 2004. This document, while not a
resubmission of the Public Diplomacy Strategy as the Committee
had directed, addressed several of the Committee's core
concerns about the direction of the Department's public
diplomacy policy, particularly as it concerns reaching non-
elite and non-traditional foreign audiences; ``thinking outside
the box''; and strategic direction and performance measurement.
The Committee is also pleased by the Department's recognition
that the Department of Defense and the United States Agency for
International Development [USAID] engage in activities with a
significant public diplomacy dimension. The Committee applauds
the establishment of the State-USAID Joint Policy Council. The
document did not address the problem of coordination with BBG
and, in fact, perpetuates the problem by noting repeatedly that
BBG ``is an independent agency'' and that BBG should produce an
independent report. This is precisely the Committee's point.
Despite these weaknesses--which the Department is directed
to rectify--the Committee considers the document submitted on
March 2, 2004, together with the document submitted on June 6,
2003, the Department's Public Diplomacy Strategy. The Committee
notes that the Department articulated its public diplomacy
goals for the Arab and Muslim world in its October 2003,
response to the report by the Diplomacy Advisory Group for the
Arab and Muslim World (the ``Djerejian Report''). The Committee
approves the Department's Strategy and directs the Department
to make this Strategy available to the public. The Committee
further directs the Department to update this Strategy
annually. Updates should henceforward be provided to the
Committee on or before June 1 of each year subsequent to
enactment of this Act.
PD Global Forum.--The Committee supports the initiative PD
Global Forum, which is a web-based discussion site intended to
allow horizontal communication between PD professionals. PD
Global Forum is intended to foster creativity in public
diplomacy. This concept should be taken a step further. Ideas
generated in this forum should be organized into a database
which PD officers may refer to for ideas for events and
activities that would be well-suited for their particular post
or budget. The Bureau of Information Resource Management is
directed to provide support to the Undersecretary for Public
Diplomacy and Public Affairs in executing this directive. The
Department is directed to report periodically to the Committee
on its progress.
Micro-grants.--The Undersecretary [U/S] for Public
Diplomacy and Public Affairs is directed to establish a modest
grant program under which PD officers, with the approval of
their Chiefs of Mission, may apply for funding with which to
execute PD projects that represent ``outside the box''
thinking. Grants may be as small as $100 or as large as
$100,000. The U/S shall establish a system for disbursing these
funds that allows PD officers to apply for and access these
funds quickly and with a minimum amount of paperwork. Within
amounts made available for public diplomacy activities under
Diplomatic and Consular Programs, $3,000,000 shall be available
for this purpose. Projects that receive funding should be
logged into the PD Global Forum database described above so
that other PD officers can learn of the methodology and
outcomes of projects funded with micro-grants for possible
application at their own posts. The U/S shall consult with the
Committee as the micro-grant program is being developed and
shall report to the Committee on a quarterly basis on the
Department's progress towards implementing this program.
Strategic Planning.--The fiscal year 2004 Omnibus
Appropriations Act recommended the creation of the Office of
Strategic Planning for Public Diplomacy [OSP/PD] within the
Office of the Undersecretary for Public Diplomacy and Public
Affairs. The Department established the Office of Policy,
Plans, and Resources [OPPR] within the Office of the
Undersecretary for Public Diplomacy and Public Affairs. The
establishment of OPPR satisfies the Committee's requirement.
OPPR will provide long-term strategic planning and performance
measurement capability for the Department's public diplomacy
programs and will give the U/S the capability to better oversee
the allocation of public diplomacy resources and to focus
resources on the most urgent needs. The OPPR shall update the
Department's Public Diplomacy Strategy (the Strategy), as
described above, overseeing the implementation of the Strategy;
and monitor the effectiveness of the Strategy. The OPPR shall
also continue to coordinate and evaluate the Department's
public diplomacy efforts as they relate to Arab/Muslim
countries. The Arab/Muslim Relations Coordinating Committee
[ARCC], a subdivision of OPPR, will continue to ensure that the
Strategy effectively confronts the unique challenges faced by
the United States in its relations with Arab/Muslim countries.
The Committee directs ARCC to participate in the quarterly
reports of the OPPR.
Respecting Other Cultures.--The recommendation includes
$4,000,000 for the Ambassador's Fund for Cultural Preservation,
a significant increase over last year. Nowhere is there a
greater need to achieve understanding than in the Middle East.
Therefore, within amounts available for the Ambassador's Fund
for Cultural Preservation, $1,000,000 is for projects in the
Middle East.
The Ambassador's Fund for Cultural Preservation was
initiated by the Committee in 2001. The purpose of this program
is to provide direct grant support, through U.S. Ambassadors,
to less developed countries to assist them in the preservation
of forms of cultural expression. Forms of cultural expression
may include historic sites and manuscripts, museum collections,
and traditional forms of music, dance, and language. Under the
program, U.S. Ambassadors serving in less developed countries
submit competitive proposals for awards for one-time or
recurring projects. Awards are based on the importance of the
site, object, or form of expression, the country's need, and
the potential of the award to make a meaningful contribution to
the society of the country. By taking a leading role in efforts
to preserve cultural heritage, the United States shows its
respect for other cultures. As one Assistant Secretary of State
said, ``The Ambassador's Fund demonstrates in measurable ways
the U.S.' commitment to understanding and preserving the
heritage of others''. The Committee considers the Ambassador's
Fund for Cultural Preservation a vital component of U.S. public
diplomacy.
Cultural Antiquities Task Force.--The recommendation
includes $1,000,000 for the continued operations of the
Cultural Antiquities Task Force (Task Force). The Commerce,
Justice, State and the Judiciary Appropriations Act for fiscal
year 2004 directed the Task Force to coordinate Federal and
international law enforcement efforts to prevent and track
further looting of Iraqi national antiquities and to create a
database to assist in recovery and otherwise account for such
works. The Committee expects that the Department is currently
creating an integrated database which will meet the directive
of the conference report, no later than September 30, 2004.
The Committee directs the Department to aggressively
develop a process to exclude any applicant from receiving a
non-immigrant visa for entry into the United States if such
applicant is listed in the database of persons known to have
contributed to the looting, damaging, or trafficking of any
foreign country's historically or culturally significant works.
Further, the Committee directs that all names appearing in the
database also appear in the Department's Consular Lookout and
Support System [CLASS] database and be made ineligible to
receive a United States non-immigrant visa.
In addition to requirements of the Appropriations Act for
fiscal year 2004, the Task Force shall coordinate law
enforcement efforts both within the United States and
internationally to combat the trade in illegal antiquities, to
propose modifications in United States legal provisions to
strengthen their effectiveness in controlling and reducing the
trade in illegal antiquities, and to initiate an international
database of the laws of other nations that deal with cultural
antiquities. The Task Force should coordinate closely with the
Department's Cultural Property Office and expand the Task
Force's mission to preserve and track historically or
culturally significant works stolen from other countries,
particularly Afghanistan.
Finally, the Committee directs the Department to continue
to work to keep cultural heritage issues prominent in postwar
reconstruction plans for Iraq and Afghanistan and to assist in
recovering historically and culturally significant objects from
Iraq and from Afghanistan.
The Committee is aware that the ancient temple area of
Babylon in Iraq has been damaged as a result of the operation
of a U.S. military base, Camp Alpha, located directly on top of
this significant site. The Department of State and Department
of Defense had committed to protect archaeological sites and
cultural antiquities in Iraq after widespread looting last
year. The Committee directs the Department's Cultural
Antiquities Task Force to investigate this incident and provide
the necessary funding to restore the historic site.
The Secretary shall report to the Committees on
Appropriations no later than April 15, 2005, on the
Department's progress in protecting historically or culturally
significant works, as well as the outcome of recovery of Iraqi
national antiquities. This report shall outline the specific
steps undertaken by the Task Force and the ways in which the
funds are expended. The report shall include the status of
recommendations made by the Department in the April 22, 2004
report on the creation of the Cultural Antiquities Task Force.
In particular, the Committee is interested in the outcome of
planned meetings in the Middle East region of an Interpol
Tracking Task Force to discuss the interdiction and recovery of
Iraqi cultural property.
INTELLECTUAL PROPERTY
The Department of State performs many functions relating to
the protection of American intellectual property. It provides
training and technical assistance programs to foreign countries
to augment their abilities to combat piracy and counterfeiting.
It helps verify industry reports, gathers information, assesses
foreign governments' abilities and willingness to make progress
in the area of protecting intellectual property, and delivers
key United States Government communications concerning
intellectual property. It uses bilateral diplomacy to urge
foreign governments to ratify international intellectual
property agreements, to pass intellectual property legislation,
to increase domestic and border enforcement of intellectual
property, and to extradite pirates and counterfeiters. Finally,
the State Department coordinates with other Federal agencies
such as the Office of the United States Trade Representative,
the Department of Commerce, and the United States Patent and
Trademark Office, and the affected industries to develop U.S.
policies concerning intellectual property.
The Committee is concerned, however, about the adequacy of
the Department's infrastructure for fulfilling its
responsibilities for protecting American intellectual property.
The recommendation therefore includes bill language
establishing the Office of International Intellectual Property
Enforcement. The recommendation includes $1,000,000 for the
salaries and expenses and other costs of this office, which is
provided through a transfer of funds from the National
Intellectual Property Law Enforcement Coordination Council. The
Department is directed to submit a comprehensive report on its
intellectual property efforts to the Committee concurrent to
the Department's annual budget submission to Congress. In
addition to describing and evaluating all of the functions
performed by the State Department that relate to the protection
of intellectual property, the report shall: put forward a plan
for the establishment of the Office of International
Intellectual Property Enforcement, which shall include the
estimated number of full time equivalents to be assigned to the
office; describe the office's proposed responsibilities and
authorities, including any legislation that may be recommended;
and propose a spending plan for the $1,000,000 and any
additional funds that might be necessary for the office to be
established and to fulfill its responsibilities.
POST-CONFLICT RESPONSE
The Committee is concerned about the lack of capacity
within U.S. civilian agencies to effectively prepare for and
respond to post-conflict stabilization and reconstruction
crises. The recommendation therefore inlcudes $1,000,000 for
the establishment and operations of the Office of the
Coordinator for Reconstruction and Stabilization (``the
Office'') within the Department of State to develop and
implement recommendations on how to enhance U.S. capabilities
to respond to post-conflict and other complex emergencies. The
Office will also provide civilian management of stabilization
and reconstruction efforts. The recommendation includes
language providing that the Office shall monitor, develop, and
coordinate U.S. capabilities to rapidly engage in stabilization
and reconstruction activities in response to conflict or civil
strife overseas and, if engagement is determined to be in the
U.S. interest, identify, mobilize, and manage non-military
resources in response to such circumstances. The Office shall
be headed by a Coordinator, who shall report to the Secretary
of State. The Committee directs the Office to coordinate with
relevant bureaus within the State Department, other relevant
U.S. agencies, and relevant non-governmental organizations. The
Office should be staffed by officials from the State Department
and detailees from other civilian agencies.
The Committee directs that not later than 30 days after
enactment of this Act, the Department shall submit to the
Committee a detailed description of the Office's functions and
a description of how the Office will coordinate with other
bureaus in the Department and other relevant agencies.
The Committee directs that not later than 1 year after the
date of enactment of this Act, the Office shall provide a
report to the Committee on the desirability and feasibility of
establishing a response entity that can provide assistance in
support of stabilization and reconstruction activities overseas
in the event of conflict or civil strife. The report should
make recommendations on whether and why such an entity is
needed. If the Office determines that such a response entity is
necessary, the report should include recommendations on which
agency the entity should be established under, or whether the
entity should be independent; what the mission and authorities
of this entity should be; what the operating budget of this
entity should be; how many personnel should participate in this
entity and what functions they should perform; what expertise
these personnel should have; and the circumstances in which
this entity should be deployed. The Office shall submit, for
the consideration the relevant authorizing Committees, any
legislation that may be necessary to implement the proposed
recommendations.
GLOBAL ISSUES
International Child Abductions.--The Committee in 2004
directed the Department to require children over the age of 1
year old be present for the adjudication of a United States
passport. The Committee believed that this small change in
policy would help prevent many cases of international child
abductions. The Committee understands that this change in
policy went into effect in February, 2004, and is already
proving successful. An individual was recently arrested in the
Chicago area for attempting to obtain passports for his
legitimate U.S.-citizen children using the photos of non-
citizen children whom he intended to smuggle into the United
States from Latin America. The new policy prevented this
individual from succeeding in his scheme. The Committee notes
with disappointment that the Department of State, in a letter
dated October 16, 2003, objected to the Committee's directive
to the Department requiring it to close this loophole.
The Committee directs the Department to continue to
identify ways it can prevent international child abductions
from taking place and in particular commends the work of U.S.
Embassy Belize for its excellent work in this important area.
U.S. Embassy Belize has solved 3 abduction cases in the past 18
months.
Marine Environmental Issues.--The Galapagos Islands
National Park and Marine Reserve is one of the world's great
natural resources and an area of unequaled biodiversity. The
Galapagos marine environment, however, is under threat from
overfishing and illegal shark fining and long lining. The
Committee recognizes and appreciates the efforts of the U.S.
Ambassador in Quito to call this issue to the attention of the
Government of Ecuador as well as the USAID mission's support
for conservation efforts. More can and should be done by the
Department of State at headquarters through bilateral, regional
and international forums to preserve this unique international
treasure.
CAPITAL INVESTMENT FUND
Appropriations, 2004.................................... $79,158,000
Budget estimate, 2005................................... 155,100,000
Committee recommendation................................ 52,149,000
The Committee recommends an appropriation of $52,149,000.
The recommendation is $27,009,000 below the fiscal year 2004
funding level and $102,951,000 below the budget request. The
reduction in the fiscal year 2005 appropriation is explained by
the creation of a new appropriations account that shall be
exclusively for maintaining the Department's worldwide IT
infrastructure. The total combined appropriations for the CIF
and the new account is equal to the budget request.
The Capital Investment Fund [CIF], plus amounts available
from expedited passport fees, comprise the Information Resource
Management [IRM] Central Fund. The IRM Central fund allows the
Department to develop effective, secure, and integrated
Information Technology [IT] and communications systems in
support of the Department's mission. The CIF is reserved for
new IT investments.
The Committee recommendations, by program area, are
displayed in the following table:
IRM CENTRAL FUND
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
State Messaging and Archive Retrieval Toolset [SMART]. 32,500
Bandwidth............................................. 40,000
Infrastructure Initiatives:
Secure Voice Program.............................. 600
Public Key Infrastructure......................... 7,563
Other IT Infrastructure (anti-virus and other 10,320
technical security measures, remote dial-in
equipment, telephone system upgrades, and
communications collaboration tools)..............
Wide Area Network [WAN]/Thin Client Prototype..... 4,200
Foreign Affairs Information Access:
Joint Financial Integration State/USAID........... 8,200
Integrated Logistics Management System [ILMS]..... 18,040
Global Financial Management System [GFMS]......... 4,466
Integrated Personnel Management System [IPMS]..... 11,759
Other Applications................................ 21,788
Investment Planning/Architecture and Training......... 6,713
-----------------
Total, IRM Central Fund......................... 166,149
------------------------------------------------------------------------
Of the funds made available for the IRM Central Fund in
fiscal year 2005, $52,149,000 is from direct appropriations and
$114,000,000 is from expedited passport fees. If fee
collections for fiscal year 2005 do not meet projected totals,
the Committee directs the Department to transfer the balance of
funds from the Diplomatic and Consular Programs account to
ensure that all of the Department's IT needs are met, subject
to the requirements of Section 605 of this Act.
Providing the Department with state of the art
communications, data management, and knowledge management
systems has been one of the Committee's top priorities. As a
result, the Department's global IT assets are in the best shape
they have ever been in. More than 43,000 desktops have been
connected to the Internet through OpenNet Plus and 224 posts
have been connected through the Classified Connectivity Program
system. Work on these two global networks began in 2001 and
2002, respectively, and ended in 2003, on-time and on-budget.
In fiscal year 2004, confusion over the purpose of the funds
appropriated in the CIF led to the reduction of funding levels
for worldwide IT infrastructure. The recommendation therefore
splits IT funding into two accounts. The CIF shall continue to
provide funding only for new investments in IT and the new
account shall provide funding for the maintenance of the
Department's IT infrastructure, including hardware and software
refresh and upgrades. This new account, called the
``Centralized Information Technology Modernization Program'' is
funded through direct appropriations in a separate heading
under this title.
No funding is recommended for the cost of payroll
consolidation until the Department has complied with the
Committee's directive on this matter, articulated in the
statements accompanying the prior two State Department
Appropriations Acts as well as the statement accompanying this
Act.
Public Diplomacy Support.--The Committee directs the Bureau
of Information Resource Management [IRM] to lend its support to
the Undersecretary of Public Diplomacy and Public Affairs in
developing the information and communication technologies that
are necessary for the Department to conduct a global, state of
the art public diplomacy program. The IRM Bureau should assist
the Undersecretary of Public Diplomacy and Public Affairs in
the development of a forward-looking action plan to enhance
capabilities such as digital audio and video, overhaul the
management of existing public diplomacy knowledge, and develop
ever more efficient ways of accessing this knowledge from
public diplomacy desktops.
Centralization.--The Committee supports the Department's
efforts to centralize the management and funding of its IT
activities. Centralization ensures that IT solutions are
aligned with the Department's mission and business priorities
and requirements. The Committee continues to support the
Capital Planning and Investment Control Process, the purpose of
which is to determine how the Department can best utilize
available resources to achieve its IT goals.
Messaging.--Within the amounts made available for the
Capital Investment Fund, $32,500,000 is for the State Messaging
and Archive Retrieval Toolset [SMART]. SMART will provide
Department personnel sophisticated, integrated desktop tools
like modern messaging (including cabling), archiving, and
information-sharing. It will replace the Department's World
War-II vintage cabling system and integrate both the OpenNet e-
mail system and the Classified Connectivity Program system. The
Committee expects SMART to be fully operational by the end of
fiscal year 2006.
Centralized Management of Information.--In a time of
increased threat to our overseas posts, the ability to store
and manage information (particularly classified information)
domestically can greatly enhance the security of that
information. For the past 2 fiscal years, the Committee
provided funding for a pilot program for a technology that will
allow the Department to minimize the amount of electronic
classified information stored at post and permit computer
terminals to be ``sanitized'' of such information when not in
use. The recommendation for fiscal year 2005 includes at least
$4,200,000 for the Department to further develop the virtual
Wide Area Network [WAN] (also referred to as the ``Thin
Client'') architecture and prototype. It goes without saying
that any technologies deployed by the Department must meet all
of the security requirements set forth by DS and by other
relevant agencies.
CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM
Appropriations, 2004....................................................
Budget Estimate, 2005...................................................
Committee recommendation................................ $102,951,000
The Committee recommends an appropriation of $102,951,000.
The recommendation is $102,951,000 above the fiscal year 2004
funding level and $102,951,000 above the budget request.
The purpose of the Centralized Information Technology
Modernization Program [CIMP] is to provide a discrete funding
source for life cycle hardware and software refresh and
upgrades. This account shall henceforward house the
Department's Global Information Technology Modernization [GIT-
M] program.
Within the amounts made available under this heading,
$77,671,000 is for global IT modernization and $25,280,000 is
for centrally managed infrastructure.
In times of budget shortfalls, agencies often look first to
their information technology [IT] budgets for savings. The
result, seen again and again by the Committee, has been that
new investments quickly degraded, leading to a costly and
inefficient ``collapse-crisis-rebuild'' cycle for computer and
communications networks. The Committee has provided
$681,835,000 during the past 5 years for the development,
testing, deployment, operation and maintenance, security, and
refreshment of the State Department's IT systems. It is
critical that the Department's IT infrastructure be kept
current and fully available to support the Department's needs
and that it not be allowed to fall back into disrepair.
In the past, the regional bureaus and embassy management
teams have been responsible for refreshing and upgrading their
own hardware and software. This was one of the main reasons why
the Department's IT infrastructure deteriorated so badly, as
regional bureaus and embassies intrinsically place a higher
priority on programs than on infrastructure. The Committee is
aware that, due to the decentralized budgeting of IT
infrastructure maintenance costs in the past, considerable
funding is built into the fiscal year 2005 Diplomatic and
Consular Programs request for this same purpose (primarily in
the function 3100 ``Personal Property'' category). The
Committee directs the Department to submit a full accounting of
all IT infrastructure maintenance funding available under
Diplomatic and Consular Programs (including funding for
equipment) and to reprogram these funds to priority missions,
such as Public Diplomacy or the reestablishment of a U.S.
diplomatic presence in Iraq. The Department is directed to
submit this report in conjunction with the baseline Diplomatic
and Consular Programs spending plan for fiscal year 2005.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2004.................................... $31,370,000
Budget estimate, 2005................................... 30,435,000
Committee recommendation................................ 31,435,000
The Committee recommends an appropriation of $31,435,000.
The recommendation is $65,000 above the fiscal year 2004
funding level and $1,000,000 above the budget request. This
additional funding is provided for the cost of conducting
normal audits and investigations of U.S. diplomatic activities
in Iraq not relating to the Iraq Reconstruction Management
Office [IRMA] and the Project and Contracting Office [PCO],
which shall be under the oversight of the successor
organization to the Coalition Provisional Authority's Office of
Inspector General.
The recommendation includes language limiting the sources
of funding for this office and limiting the number of full time
equivalents this office may employ.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
Appropriations, 2004.................................... $316,633,000
Budget estimate, 2005................................... 345,346,000
Committee recommendation................................ 360,750,000
The Committee recommends an appropriation of $360,750,000.
The recommendation is $44,117,000 above the fiscal year 2004
funding level and $15,404,000 above the budget request.
This account allows the Department of State to support the
travel of approximately 8,000 Americans abroad and 17,000
foreign visitors to the United States each year for the
purposes of studying, teaching, conducting research, and
professional development. The exchange of persons promotes
friendly, sympathetic, and peaceful relations between the
United States and other countries by fostering mutual
understanding and countering anti-American sentiment.
Educational and cultural exchanges are a core component of the
State Department's public diplomacy program.
The Committee recommendations are displayed, by program, in
the following table:
EDUCATIONAL AND CULTURAL EXCHANGES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Academic Exchanges:
Fulbright Program................................ 155,000
Global Academic Exchanges........................ 10,300
Educational Advising and Student Services.... [3,500]
English Language Programs.................... [6,800]
Special Academic Exchanges....................... 32,650
Regional Graduate Fellowships and Junior [25,000]
Faculty Development.........................
American Overseas Research Centers........... [3,500]
South Pacific Exchanges...................... [500]
East Timor Exchanges......................... [500]
Disability Exchange Clearinghouse............ [500]
George Mitchell Scholarships Program......... [500]
Dante B. Fascell North-South Center.......... [1,000]
United States-Poland-Israel Exchange......... [500]
Abraham Lincoln Study Abroad Fellowship [500]
Program.....................................
Montana Tech Foreign Exchange Program........ [150]
------------------
Subtotal, Academic Exchanges............... 197,950
==================
Professional and Cultural Exchanges:
International Visitor Program.................... 66,714
LEADers in Education......................... [2,000]
Citizen Exchange Program......................... 45,536
Partnerships for Learning/Youth Exchange and [10,000]
Study [YES] Program.........................
Special Professional and Cultural Exchanges...... 11,550
Mike Mansfield Fellowship Program............ [1,800]
Irish Institute.............................. [1,000]
Atlantic Corridor............................ [250]
Youth Science Leadership Institute of the [100]
Americas....................................
Africa Workforce Development................. [400]
Ngwang Choephel Fellows (Tibet).............. [500]
Institute for Representative Government...... [500]
Plymouth State College U.S.-Pakistan Educator [250]
Development Program.........................
Rule of Law Forum at Southern Methodist [900]
University..................................
Special Olympics............................. [1,500]
Northern Forum............................... [500]
Seed Programs................................ [600]
Arctic Winter Games.......................... [350]
World Congress on Information Technology..... [400]
Global Perspectives Project and International [1,500]
Public Television Conference................
Council of Women World Leaders............... [500]
Interparliamentary Conference on Human Rights [500]
and Religious Freedom.......................
------------------
Subtotal, Professional and Cultural 123,800
Exchanges.................................
==================
Exchanges Support.................................... 39,000
==================
Total, Educational and Cultural Exchanges...... 360,750
------------------------------------------------------------------------
Some of the Committee recommendations displayed in the
table above are described in more detail in the following
paragraphs.
Exchange Visitor Program.--Within 60 days of enactment of
this Act, the Department of State shall issue a report
containing information about the number of participants in the
Exchange Visitor Program. This report shall include specific
information about the number of visitors from each country per
program and per identified sponsor. The Committee further
expects the Department to develop, in consultation with the
sponsor community, a comprehensive 3-year plan that lays out
the program's priorities and country-by-country plans for
growth and development. This plan should include the
Department's strategy for pursuing additional opportunities
with underserved countries, whether through bilateral
agreements with new countries or otherwise. This plan should
also include new programming initiatives designed to reach
greater numbers of students.
Program Regulations.--The Committee expects the Department
of State to update the regulations for the Exchange Visitor
Program. Program regulations should provide clear guidance for
sponsors about their precise obligations.
Fulbright Program.--The Committee recommends an
appropriation of $155,000,000 for the Fulbright Program. The
recommendation is $5,000,000 above the budget request.
The Committee commends the Department for its swift re-
establishment of the Fulbright Foreign Student Program with
Iraq. The program was reestablished in October 2003, following
a 14-year suspension. The Committee understands that planning
for the next national recruitment and competition for Fulbright
Iraq is complete and that nomination and selection will be
complete by the fall of 2004.
The Committee further commends the Department for its re-
establishment last year of the Fulbright Program with
Afghanistan, after a 24-year suspension. The Afghan Fulbright
Program successfully recruited 18 grantees to participate in
the 1 year non-degree program, of which 6 were women. The
Committee understands that the number of women applying for the
program was not especially high, and notes that one obstacle to
women's participation in the program relates to family concerns
about travel without escorts. The Department should continue
its efforts to recruit as many women as possible, particularly
women who were deprived of opportunities to study under the
Taliban era. The Department should work with applicants, their
families, and Afghani university officials to develop ways to
address family concerns about travel without escorts.
Seed Programs.--The Committee continues a program begun in
fiscal year 2000 to provide one-time funding to international
exchange start-ups. The recommendation includes $100,000 for
each of the following programs: the Middle East Information
Portal; the International Writing Program; the Afghanistan
Young Leaders Program at the University of Nebraska-Omaha; the
Flushing Council on Culture and the Arts' Partnership Between
Queens and Taipei; and the Auschwitz Jewish Center's Student
Scholarship Program. Any remaining funds under the ``Seed
Programs'' category may be designated by the Department of
State for promising international exchange start-ups.
Partnerships for Learning.--The Committee supports the
Partnerships for Learning [P4L] program, which is an
overarching theme for exchanges in which resources are shifted
from lower priority regions to higher priority ones. Presently,
the focus of the P4L program is engagement with the Arab/Muslim
world. The Committee understands that, within the funding made
available for Educational and Cultural Exchanges, the
Department intends to designate $64,216,000 for the P4L
program.
Working Exchanges.--The Committee directs the Department of
State to work with the Governments of Australia, Canada, and
New Zealand to establish bilateral exchange programs that will
allow young people from these countries to visit the United
States for a period of up to 1 year for purposes of work and
travel and vice versa. The United States has long enjoyed close
and valuable exchange relationships with Australia, Canada, and
New Zealand. The bilateral relationships between the United
States and these countries would be further strengthened by
expanding opportunities for young people to visit each other's
countries for an extended period. The Committee directs the
Department to work within current regulatory frameworks
governing exchange visitor programs, and specifically the
summer work travel program, administered by the Bureau of
Educational and Cultural Affairs. The Committee recognizes the
work of the Ministry of Foreign Affairs of the Government of
New Zealand in raising the visibility of this promising
program, called ``Working Holiday Schemes,'' within the United
States Government.
REPRESENTATION ALLOWANCES
Appropriations, 2004.................................... $8,905,000
Budget estimate, 2005................................... 8,640,000
Committee recommendation................................ 8,640,000
The Committee recommends an appropriation of $8,640,000.
The recommendation is $265,000 below the fiscal year 2004
funding level and identical to the budget request.
Representation allowances provide reimbursement to Foreign
Service officers for expenditures incurred in their official
capacities abroad in establishing and maintaining relations
with officials of foreign governments and appropriate members
of local communities.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
Appropriations, 2004.................................... $9,894,000
Budget estimate, 2005................................... 9,600,000
Committee recommendation................................ 5,000,000
The Committee recommends an appropriation of $5,000,000.
The recommendation is $4,894,000 below the fiscal year 2004
funding level and $4,600,000 below the budget request. The
recommendation assumes $441,000 in carryover, bringing the
total amount available for this account to $5,441,000. The
Committee provided $65,500,000 for this account, via transfer
from the Emergencies in the Diplomatic and Consular Service
account, in Public Law 108-106, the Emergency Supplemental
Appropriations Act for fiscal year 2004.
This account reimburses local governments and communities
for the extraordinary costs incurred in providing protection
for international organizations, foreign missions and
officials, and foreign dignitaries under certain circumstances.
The Committee directs that local jurisdictions incurring
such costs submit a certified billing for such costs in
accordance with program regulations. The Committee also
recommends that in those instances where a local jurisdiction
will realize a financial benefit from a visit from a foreign
dignitary that such circumstances should be taken into account
by the Department in assessing the need for reimbursement under
this program. The Committee expects the Department to treat
such submissions diligently and provide reimbursement to local
jurisdictions on a timely basis if claims are fully justified.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
Appropriations, 2004.................................... $1,376,758,000
Supplemental appropriations, 2004....................... 43,900,000
Budget estimate, 2005................................... 1,539,000,000
Committee recommendation................................ 1,376,758,000
The Committee recommends an appropriation of
$1,376,758,000. The recommendation is identical to the fiscal
year 2004 funding level and $162,242,000 below the budget
request. The Committee is aware that $100,049,000 in prior year
balances, recoveries, and reimbursements will be available in
fiscal year 2005, bringing the total amount available for this
account to $1,476,807,000.
This account allows the Department of State to manage the
United States Government's real property assets overseas in
order to provide United States diplomatic and consular missions
with secure, safe, and functional facilities. These facilities
house all United States Government employees overseas, not just
State Department personnel. The Department manages over 15,000
residential, office, and functional properties at 260
diplomatic posts, which are worth an estimated $12,500,000,000.
The Committee recommendations, by project or program, are
displayed in the following table:
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Worldwide Security Upgrades:
Security Capital Projects........................ 763,702
Beirut, Lebanon.............................. [111,700]
Belgrade, Serbia and Montenegro.............. [102,000]
Bogota, Colombia, Annex...................... [28,000]
Karachi, Pakistan (design, site acquisition, [38,702]
and preparation)............................
Khartoum, Sudan.............................. [58,000]
Moscow, Russia, Annex........................ [80,100]
Mumbai, India................................ [84,900]
Quito, Ecuador............................... [90,000]
Skopje, Macedonia............................ [60,000]
Suva, Fiji................................... [35,000]
Bamako, Mali/Kathmandu, Nepal/Kingston, [75,300]
Jamaica/and Yerevan, Armenia Annexes........
Other Site Acquisitions and Planning............. 52,000
Compound Security................................ 100,000
Security of U.S.-Affiliated Facilities........... 27,000
Consular Workspace Improvement Initiative........ 8,000
------------------
Subtotal, Worldwide Security Upgrades.......... 950,702
Less Reimbursement from Capital Security Cost (83,672)
Sharing.......................................
------------------
Revised Subtotal, Worldwide Security Upgrades.. 867,030
==================
Non-Security Capital:
Non-Security Capital............................. 8,398
------------------
Subtotal, Non-Security Capital................. 8,398
==================
Operations:
Planning and Development......................... 9,000
Real Estate and Property Management.............. 6,150
Project Execution................................ 87,500
Construction and Commissioning............... [27,000]
Design and Engineering....................... [22,500]
Security Management.......................... [26,000]
Interiors and Furnishings.................... [12,000]
Operations and Maintenance....................... 342,880
Leaseholds................................... [100,000]
Buyout of Uneconomic Leases/Opportunity [35,000]
Purchases...................................
Maintenance and Repair of Buildings.......... [68,500]
Art in Embassies Program..................... [1,500]
Facilities Rehabilitation and Support System [57,380]
Replacement.................................
Facility Management.......................... [60,000]
Fire Protection.............................. [8,700]
Safety, Health, and Environmental Management. [3,700]
Post Communications.......................... [8,100]
Information Management and Support............... 26,000
Main State/Domestic Renovations.................. 23,000
------------------
Subtotal, Operations........................... 494,530
==================
Headquarters:
Salaries, Training, and Other Support Costs...... 6,800
------------------
Subtotal, Headquarters......................... 6,800
==================
Total, Embassy Security Construction and 1,376,758
Maintenance...................................
------------------------------------------------------------------------
Some of the Committee recommendations displayed in the
table above are described in more detail in the following
paragraphs.
Baghdad, Iraq.--The Committee is acutely aware of the
significant capital needs facing the Department in Iraq. In
addition to the size and cost of this project, the construction
of U.S. Embassy Baghdad and its constituent posts will pose
security challenges of a magnitude never before faced by the
Department of State.
The Committee is concerned that the Department lacks a plan
for justifying and securing the necessary funds for this
construction project, which will be the largest embassy
construction project ever undertaken by the Department. The
Committee eagerly anticipates receiving the Department's plan
for financing this project. The Committee will review this plan
carefully, paying particular attention to the number of
personnel the Department intends U.S. Embassy Baghdad to house
and the justification for these personnel being stationed in
Iraq. The Embassy building should be built to house the number
of personnel that will be needed in Baghdad in 10 years, not
the number of personnel needed there at present.
The Committee directs that all existing prior year
unobligated balances, including any fiscal year 2005 funds that
may become available, be dedicated to the construction of U.S.
Embassy Baghdad and its constituent posts.
Capital Security Cost Sharing.--The recommendation includes
language necessary for the Department of State to implement the
capital security cost-sharing program, the goal of which is to
provide all U.S. Government employees posted overseas secure,
modern workspace in as short a period of time as possible.
Beirut, Lebanon.--Since it was bombed over 20 years ago,
United States Embassy Beirut has had to operate under extremely
difficult conditions. The buildings on the compound are unsafe,
rusting, and badly deteriorated. The embassy is overcrowded,
with people even working in a windowless basement next to old
mechanical equipment. Embassy operations are also scattered
among several trailers, themselves badly deteriorated, that
were set up on the compound 17 years ago. Since Lebanon's civil
war ended in 1976, an improved security environment has led to
a dramatic expansion of embassy operations and staffing to meet
U.S. policy objectives. Conditions conducive to full operations
will likely prevail over the next decade and beyond. The
Committee recognizes an urgent need to replace the current ad
hoc embassy buildings with a modern chancery building. The
Committee commends the Department for requesting funding in
fiscal year 2005 for this important project and approves the
Department's proposal to relocate the embassy to a site that
meets security requirements. Within the amount made available
for the security capital program, $111,700,000 is for Beirut.
Karachi, Pakistan.--The building presently occupied by the
United States Consulate General in Karachi, Pakistan, was built
in 1960. Employees of the Consulate General have come under
attack on five separate occasions during the last decade. On
two such occasions, the Consulate building itself was attacked.
The most recent attack occurred in May 2004, when two car bombs
exploded near a residence. The Committee deems the Consulate to
be in urgent need of reconstruction.
The Committee is aware that this project has been held up
due to difficulties in acquiring a suitable site. The Committee
urges the Department to take action to overcome such obstacles
and to move forward expeditiously with this project. Should
prior year or fiscal year 2005 funding become available during
the course of the year, the Committee directs the Department to
give priority to Karachi.
Building Size.--The Committee has recommended, and provided
sufficient funding for, a medium-sized embassy building in
Khartoum, Sudan, a small-sized embassy building in Skopje,
Macedonia, and a super-small-sized embassy building in Suva,
Fiji. The Committee approves the building sizes, as proposed,
for the 13 other security capital projects for which funding is
recommended in the preceding table.
Brussels, Belgium.--The Committee urges the Bureau of
Overseas Buildings Operations to dedicate the necessary funds
for an office space consolidation project at U.S. Embassy
Brussels, Belgium.
Rome, Italy.--The Committee directs that the United States
Mission to the United Nations Agencies for Food and Agriculture
move from its current leased facilities in Rome to the newly
purchased and renovated ``INA Building''. The Committee
understands that the Department's acquisition of the INA
building provides an additional 66,000 square feet of space to
U.S. Embassy Italy. This is more space than the Embassy can
currently use. Because U.S. Embassy Italy now finds itself in
the enviable position of having more space than necessary, it
only makes sense for the the U.S. Mission to the U.N. Agencies
for Food and Agriculture to collocate on the Embassy compound,
and specifically in the new INA Building.
Soft Targets.--Recent attacks against American housing
compounds overseas and places of worship frequented by
Americans demonstrate that an inverse relationship exists
between the security of our embassies and the security of non-
official facilities: as our embassies become more heavily
fortified, non-official U.S.-affiliated facilities overseas
become more attractive targets to terrorists. In response to
the clear need to enhance the Department's ability to protect
these so-called ``soft targets'', the Committee in fiscal year
2002 provided $15,000,000 for this purpose. The recommendation
for this initiative for fiscal year 2005 is not less than
$27,000,000. The Committee commends the Department for
recognizing and requesting funding for this critical need.
While the Department, specifically the Bureau of Overseas
Buildings Operations, has been extremely responsive to the
Committee's directives concerning the security of housing and
American schools, the Deparment has yet to submit an
overarching strategy for addressing the problem of soft
targets. The Committee directs the Bureau of Diplomatic
Security to take the lead on developing a comprehensive,
sustained strategy for addressing this problem. The strategy
shall be submitted to the Committee for approval no later than
June 1, 2005.
The Committee continues to be extremely concerned about the
safety of American schools and international schools attended
by American children overseas. Accordingly, within the funding
provided to address the security vulnerabilities of soft
targets, not less than $10,000,000 is for security enhancements
at overseas schools. These funds shall be made available, on
the basis of need, to overseas schools that do not receive
financial assistance from the Department of State, as well as
those that do receive such financial assistance. The Committee
understands that the Department is in the process of surveying
the security needs of non-grantee schools. The Department is
directed to report to the Committee on the results of this
survey. It is the goal of the Committee that all international
schools attended by American children shall have certain
``baseline'' security measures in place as soon as practicable.
Istanbul, Turkey.--The recommendation includes $8,000,000,
within the funding provided for facilities rehabilitation, for
the renovation of and seismic upgrades to the historic Palazzo
Corpi building in Istanbul, Turkey, The Committee intends for
the building to be used to further United States public
diplomacy goals.
Consular Workspace Improvement Initiative.--The
Department's consular mission is critical to U.S. national
security. The quality of consular workspace and the efficiency
and accuracy of consular work are directly linked. Consular
workspace must be adequately sized and outfitted in order to
ensure that the processing of visas and visa applicants takes
place in an organized and efficient manner. There is a
continuing need for additional consular windows and interview
space, enlarged reception and waiting areas, office space, and
document storage space, particularly in light of the numerous
additional requirements imposed on Consular Affairs in the wake
of September 11, 2001. To provide for these critical
enhancements, and to improve the overall working environment
for Consular Affairs Officers, the Committee in fiscal year
2003 created the Consular Workspace Improvement Initiative. The
Committee recommends $8,000,000 for this initiative in fiscal
year 2005, within funding made available for Worldwide Security
Upgrades. The Department should once again identify posts for
consular workspace rehabilitation where errors in visa issuance
present the greatest threat to our national security, as
determined by the Bureau of Overseas Buildings Operations [OBO]
in consultation with the Bureau of Consular Affairs.
Asset Management Funds.--The asset management account was
established to segregate the proceeds of sale of real property
from direct appropriations and reimbursements to the Embassy
Security, Construction, and Maintenance account. Asset
management funds are used exclusively for the purchase of
properties or the construction of facilities overseas. The
Committee directs the Department to provide the same level of
detail in its budget request for projects requested under the
assets management account as those under the capital projects
account. As in past years, no new funding is recommended for
this account.
Buyout of Uneconomic Leases.--High lease costs deplete
Department resources. By selectively acquiring properties in
cities with volatile rental markets, the Department can
generate significant out-year savings. The Committee
recommendation therefore provides $35,000,000 for opportunity
purchases and directs OBO to aggressively pursue opportunities
to purchase properties rather than lease, whenever practicable.
Reprogrammings.--The Department is directed, under the
terms and conditions that follow, to submit for the Committee's
review and approval within 60 days of enactment of this Act
only those projects or subaccounts funded under this account,
whether from direct appropriations or proceeds of sales, that
deviate from the above chart and accompanying direction. Any
deviation shall include project-level detail and shall be
treated as a reprogramming under section 605 of this Act in the
case of any addition greater than $1,000,000, a deletion, a
project cost overrun exceeding 25 percent, or a project
schedule delay exceeding 6 months. Reprogramming requirements
also extend to the ``rebaselining'' of a given project's cost
estimate, schedule, or scope of work. By focusing the financial
plan only on deviations, the Committee expects the Bureau of
Overseas Buildings Operations to move projects toward contract
obligation promptly after funds are appropriated. Immediate
access to funds for projects or activities that are unchanged
from the above chart will allow the Department to negotiate
contracts and obligate funds more efficiently over the course
of the fiscal year.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
Appropriations, 2004.................................... $989,000
Supplemental appropriations, 2004....................... 115,500,000
Budget estimate, 2005................................... 7,000,000
Committee recommendation................................ 1,000
The Committee recommends an appropriation of $1,000. The
recommendation is $988,000 below the fiscal year 2004 funding
level and $6,999,000 below the budget request. A total of
$50,000,000 was appropriated for this account in the fiscal
year 2003 emergency supplemental (Public Law 108-11) and
$115,000,000 was appropriated for this account in the fiscal
year 2004 emergency supplemental (Public Law 108-106). The
Committee notes that at least $25,000,000 in prior year
unobligated balances will be available for this account in
fiscal year 2005 due to the capture of Saddam Hussein by the
U.S. Military and not as the result of information provided to
the United States by any source that would require a payment
under the rewards program.
This account provides resources for the Department of State
to meet emergency requirements while conducting foreign
affairs. The Committee recommendation provides funds for: (1)
travel and subsistence expenses for relocation of Americans,
U.S. Government employees, and their families from troubled
areas to the United States and/or safe-haven posts; (2)
allowances granted to State Department employees and their
dependents evacuated to the United States for the convenience
of the Government; (3) payment of rewards for information
concerning terrorists and war criminals; and (4) representation
expenses for senior Administration officials.
The recommendation includes language providing that funds
that were previously appropriated for a reward for an indicted
war criminal shall be transferred to the U.S.-backed court
responsible for trying this individual.
REPATRIATION LOANS PROGRAM ACCOUNT
Appropriations, 2004.................................... $1,205,000
Budget estimate, 2005................................... 1,219,000
Committee recommendation................................ 1,219,000
The Committee recommends an appropriation of $1,219,000.
The recommendation is $14,000 above the fiscal year 2004
funding level and identical to the budget request.
This account provides emergency loans to assist destitute
Americans abroad who have no other source of funds to return to
the United States. In the past, less than 20 percent of
repatriation loans have ever been repaid. The Committee
strongly endorses efforts by the Bureau of Consular Affairs to
limit assistance only to victims of unforeseen circumstances or
travelers whose mental instability presents a risk to
themselves or others.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
Appropriations, 2004.................................... $18,585,000
Budget estimate, 2005................................... 19,482,000
Committee recommendation................................ 19,482,000
The Committee recommends an appropriation of $19,482,000.
The recommendation is $897,000 above the fiscal year 2004
funding level and identical to the budget request.
The Taiwan Relations Act requires that programs concerning
Taiwan be carried out by the American Institute in Taiwan
[AIT]. The Institute administers programs in the areas of
economic and commercial services, cultural affairs, travel
services, and logistics. The Department of State contracts with
the AIT to carry out these activities.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
Appropriations, 2004.................................... $134,979,000
Budget estimate, 2005................................... 132,600,000
Committee recommendation................................ 132,600,000
The Committee recommends an appropriation of $132,600,000.
The recommendation is $2,379,000 above the fiscal year 2004
funding level and identical to the budget request.
This appropriation is authorized by the Foreign Service Act
of 1980 which provides for an appropriation to the fund in 30
equal annual installments of the amount required for the
unfunded liability created by new benefits, new groups of
beneficiaries, or increased salaries on which benefits are
computed.
International Organizations and Conferences
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
Appropriations, 2004.................................... $999,830,000
Budget estimate, 2005................................... 1,914,210,000
Committee recommendation................................ 1,020,830,000
The Committee recommends an appropriation of
$1,020,830,000. The recommendation is $21,000,000 above the
fiscal year 2004 funding level and $173,380,000 below the
budget request.
This account funds payment of the obligations of United
States membership in international organizations as authorized
by treaties or specific acts of Congress.
Within the amounts provided under this heading, $70,000,000
is for the International Atomic Energy Agency [IAEA],
$12,700,000 is for the International Civil Aviation
Organization [ICAO], $1,350,000 is for the International
Maritime Organization [IMO], $1,100,000 is for the World
Intellectual Property Organization [WIPO], $60,000,000 is for
the Organisation for Economic Cooperation and Development
[OECD], $1,700,000 is for the International Agency for Research
on Cancer [IARC], $500,000 is for the International Coffee
Organization [ICO], $73,000 is for the International Copper
Study Group [ICSG], and $132,000 is for the International
Rubber Study Group [IRSG].
The recommendation also includes $6,000,000 for the subsidy
cost of a $1,200,000,000 loan to the United Nations [U.N.] to
finance the renovation of its headquarters complex. None of
these funds may be obligated until the Department of State's
Bureau of Overseas Buildings Operations [OBO] has provided
written assurance to the Committee that the design for the U.N.
headquarters renovations (including the new building the United
Nations intends to use for swing space, and will eventually
own) meet all of the State Department's own security
requirements, including those codified in section 606 of Public
Law 106-113. Should the United Nations decide not to accept the
United States' offer of this low interest loan, the Committee
directs that these funds be transferred to the United Nations
Education Scientific and Cultural Organization [UNESCO] for
educational, scientific, and cultural projects in the Middle
East.
None of the funds provided under this heading may be
obligated until the Department has submitted, and the Committee
has approved, a reprogramming in accordance with section 605 of
this Act.
Oil-For-Food Program.--The Department of State shall urge
the United Nations to make available to Congressional
Committees investigating the Oil-for-Food Program all relevant
documents, including Office of Internal Oversight Services
[OIOS] reports and relevant bank statements. The Department
shall also use the voice and vote of the United States to
ensure that the Volcker Inquiry be conducted in as rigorous a
manner as possible, and to urge that the Volcker Inquiry issue
preliminary findings no later than 6 months after the Volcker
panel begins its work and a final report not later than 12
months after the Volcker panel begins its work. Such
preliminary findings shall include an inventory of documents
reviewed, and to be reviewed, and a list of persons and
entities under investigation.
Organization for Economic Cooperation and Development.--The
Committee is aware that the OECD has promoted, and continues to
promote, the concept of global tax harmonization. Tax
harmonization refers to countries' efforts to tax their
citizens' foreign investments in order to discourage investment
overseas. Tax harmonization would significantly harm the U.S.
economy and undermine U.S. competitiveness. In addition, tax
harmonization initiatives over time will erode the United
States' fiscal sovereignty. The Committee is opposed to such
schemes, whether undertaken by the OECD or the United Nations
and does not support the OECD's efforts to blacklist countries
for espousing low tax systems and competitive investment
climates.
The recommendation includes language stipulating that no
payment shall be made to the OECD unless the Secretary of State
certifies to the Committee that the OECD is not engaging in
activities to promote tax harmonization. The Committee is aware
that the OECD is urging low-tax countries (through so-called
``commitment letters'') to provide information to foreign tax
authorities about the investment activity of foreigners in
their countries. The recommendation also includes language
barring agencies funded under this Act from participating in or
cooperating with such efforts, including information exchange
agreements that are outside of existing law or bilateral tax
treaties to which the United States is a signatory. Officials
representing the United States at the OECD, and who serve on
various OECD committees and panels, are directed to advocate
positions that are consistent with congressional intent,
reaffirmed in this Act: the desire to attract capital to the
United States outweighs the need to collect information on non-
resident alien deposits.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
Appropriations, 2004.................................... $450,056,000
Supplemental appropriations, 2004....................... 245,000,000
Budget estimate, 2005................................... 650,000,000
Committee recommendation................................ 574,000,000
The Committee recommends an appropriation of $574,000,000.
The recommendation is $123,944,000 above the fiscal year 2004
funding level and $76,000,000 below the budget request. The
Committee provided $245,000,000 in the fiscal year 2004
emergency supplemental for the anticipated costs of a United
Nations [U.N.] peacekeeping mission to Liberia.
This account provides funds for the United States' share of
the expenses of U.N. peacekeeping operations. The United States
currently pays approximately 27 percent of the assessed costs
of U.N. peacekeeping operations.
The recommendation includes language adjusting the rate at
which the United States pays for the cost of United Nations
peacekeeping missions. This adjustment is necessary to allow
the United States to fully pay United Nations assessments for
peacekeeping.
The United Nations Security Council has approved three new
peacekeeping missions during the past year: the U.N. Mission in
Liberia, the U.N. Operation in Ivory Coast, and the U.N.
Operation in Burundi. The Security Council is expected to
approve a mission to Sudan imminently. These new missions will
cost the United States more than $600,000,000 in fiscal year
2005. This is in addition to the approximately $750,000,000 the
United States will be billed for existing missions in fiscal
year 2005, some of which have gone on for decades. One such
mission, for which U.S. taxpayers have provided a total of
$65,900,000 in assessed contributions during its incredible 40
year life span, exists to prevent renewed violence between two
European countries.
In light of the explosive growth in the number of
peacekeeping missions and the skyrocketing costs of providing
troops and logistical support to those missions, the United
Nations must identify ways to do more with less funding. The
Committee is aware that, in some cases, private companies can
carry out effective peacekeeping missions for a fraction of the
funding the United Nations requires to carry out the same
missions. At a minimum, such companies should be utilized to
supplement the number of blue berets and blue helmets which, in
these turbulent times, the United Nations is having a difficult
time recruiting. The United Nations can no longer afford to
ignore the potential cost-savings that private companies with
proven records of good service and good behavior offer. The
Committee has a responsibility to U.S. taxpayers to ensure that
U.N. peacekeeping missions are being carried out in a
responsible and cost effective manner.
Sierra Leone.--The Committee reiterates its support for the
work of the Special Court for Sierra Leone. The purpose of the
Special Court for Sierra Leone is to prosecute those who bear
the greatest responsibility for the appalling violations of
international and Sierra Leonean law and crimes against
humanity perpetrated during the conflict in Sierra Leone. The
court aims not to punish every crime committed during the war,
but rather to prosecute those people who organized and oversaw
the atrocities. The war in Sierra Leone featured the mass use
of rape as a weapon of terror, the abduction and forced
conscription of thousands of children, and the dismemberment
and torture of civilians, including children as young as 2
years old. The Committee praises the Special Court for its
resolve in indicting and prosecuting the leaders of neighboring
countries who actively encouraged the conflict in order to
control the output of Sierra Leone's diamond mines. The foreign
leaders who fueled the Sierra Leone conflict from afar by
supplying weapons, supplies, and safe havens are just as
responsible for the atrocities as those who ordered them
carried out. The Committee commends the Special Court's
indictment of one such leader who, more than any other single
individual, was responsible for inciting and fueling the Sierra
Leone conflict. The Committee is pleased by the Court's recent
determination that this person shall not be afforded head of
State immunity.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
SALARIES AND EXPENSES
Appropriations, 2004.................................... $25,726,000
Budget estimate, 2005................................... 30,300,000
Committee recommendation................................ 27,689,000
The Committee recommends an appropriation of $27,689,000.
The recommendation is $1,963,000 above the fiscal year 2004
funding level and $2,611,000 below the budget request.
The Committee directs IBWC to contract out administrative,
human resources management, procurement, finance and
accounting, payroll, and property functions so that it can meet
the increasing demand for IBWC services without having to rely
on budget increases. The recommendation includes an increase of
$682,000, the full amount requested for wage and price
increases, an increase of $200,000 for utility costs, and an
increase of $250,000 for United States environmental regulatory
compliance and safety activities. The recommendation also
includes an increase of $500,000 for the Lower Rio Grande Flood
Control Environmental Commitments, as requested.
The Committee recommendations are displayed in the
following table:
INTERNATIONAL BOUNDARY AND WATER COMMISSION
SALARIES AND EXPENSES
[In thousands of dollars]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Administration.......................................... 6,050
Engineering............................................. 3,450
Operations and maintenance.............................. 18,189
---------------
Total, International Boundary and Water Commission 27,689
------------------------------------------------------------------------
None of the funds provided under this heading shall be
obligated until the Department has submitted a reprogramming,
pursuant to section 605 of this Act, and the Committee has
acted upon such reprogramming.
CONSTRUCTION
Appropriations, 2004.................................... $3,513,000
Budget estimate, 2005................................... 8,545,000
Committee recommendation................................ 6,146,000
The Committee recommends an appropriation of $6,146,000.
The recommendation is $2,633,000 above the fiscal year 2004
funding level and $2,399,000 below the budget request.
Within the amount provided, $1,601,000 is for the Boundary-
Wide Program, $4,050,000 is for the Water Quantity Program, and
$495 is for compliance with the Surfriders Consent Decree.
Within the amounts provided for the Water Quantity Program,
$1,750,000 is for the Rio Grande Canalization Project and
$1,000,000 is for the Lower Rio Grande Flood Control Project/
Levee Rehabilitation.
None of the funds provided under this heading may be
obligated until the Department has submitted, and the Committee
has approved, a spending plan in accordance with section 605 of
this Act.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
Appropriations, 2004.................................... $8,849,000
Budget estimate, 2005................................... 10,756,000
Committee recommendation................................ 10,546,000
The Committee recommends an appropriation of $10,546,000.
The recommendation is $1,697,000 above the fiscal year 2004
funding level and $210,000 below the budget request.
This account funds the United States' share of expenses of
the International Boundary Commission [IBC], the International
Joint Commission [IJC], and the Border Environment Cooperation
Commission [BECC].
Within the amount provided, $800,000 is for the
International Boundary Commission, $7,698,000 is for the
International Joint Commission, and $2,048,000 is for the
Border Environment Cooperation Commission. Within the amount
provided for the International Joint Commission, $200,000 is
for the Red River Basin Commission.
INTERNATIONAL FISHERIES COMMISSIONS
Appropriations, 2004.................................... $19,097,000
Budget estimate, 2004................................... 20,800,000
Committee recommendation................................ 21,982,000
The Committee recommends an appropriation of $21,982,000.
The recommendation is $2,885,000 above the fiscal year 2004
funding level and $1,182,000 above the budget request.
This account funds the U.S. share of the expenses of
international fisheries commissions; participation in the
International Council for the Exploration of the Sea;
participation in the North Pacific Marine Sciences
Organization; travel expenses of the U.S. commissioners and
their advisors; and salaries of non-Government employees of the
Pacific Salmon Commission for days actually worked as
commissioners and panel members and alternates.
Within the amount provided under this heading, $2,100,000
is for the Inter-American Tropical Tuna Commission, $12,964,000
is for the Great Lakes Fishery Commission [GLFC], $3,000,000 is
for the Pacific Salmon Commission, $1,800,000 is for the
International Pacific Halibut Commission, $213,000 is for the
International Whaling Commission, $158,000 is for the North
Pacific Anadramous Fish Commission, $165,000 is for the
International Commission for the Conservation of Atlantic
Tunas, $177,000 is for the North Pacific Marine Science
Organization; $150,000 is for the Inter-American Sea Turtle
Convention Commission, and $100,000 is for the Expenses of the
U.S. Commissioners.
Within the amount provided for the GLFC, $845,000 is for
the eradication of lampreys in Lake Champlain. The GLFC is
directed to give priority to States that have provided matching
grants when distributing lampricide funds.
None of the funds provided under this heading may be
obligated until the Department has submitted, and the Committee
has approved, a spending plan in accordance with section 605 of
this Act.
Other
Center for Middle Eastern-Western Dialogue
Appropriations, 2004.................................... $6,926,000
Budget estimate, 2005...................................................
Committee recommendation................................ 7,000,000
The Committee recommends an appropriation of $7,000,000.
The recommendation is $74,000 above the fiscal year 2004
funding level and $7,000,000 above the budget request. Funds
provided to the Center for Middle Eastern-Western Dialogue
Trust Fund, when added to previous years' appropriations, will
provide for the operational costs of the Center. The Center is
dedicated to facilitating dialogue and peaceful conflict
resolution between cultures. Currently a steering committee,
led by the Council of American Overseas Research Centers
[CAORC], is developing plans for the structures and programs of
the Center. The Committee looks forward to the steering
committee's report to Congress on the proposed operations of
the Center.
The Center shall be overseen by a board which shall include
representation by the Undersecretary of State for Public
Diplomacy and Public Affairs, as part of a diverse group of
members.
Eisenhower Exchange Fellowship Program
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND
Appropriations, 2004.................................... $497,000
Budget estimate, 2005................................... 500,000
Committee recommendation................................ 500,000
The Committee recommends an appropriation of $500,000 from
interest and earnings in the Eisenhower Exchange Fellowship
Program Trust Fund, authorized by the Eisenhower Exchange
Fellowship Act of 1990 (Public Law 101-454). The recommendation
is $3,000 above the fiscal year 2004 funding level and
identical to the request.
The Eisenhower Exchange Fellowship Program was created in
1953 to honor President Eisenhower. The Eisenhower Exchange
Fellowship Act of 1990 authorized a permanent endowment for the
Eisenhower Exchange Fellowship Program and established a trust
fund in the United States Treasury for this purpose. A total of
$7,500,000 has been provided to establish a permanent endowment
for the program, from which the interest and earnings are
appropriated to Eisenhower Exchange Fellowships, Inc.
Israeli Arab Scholarship Program
Appropriations, 2004.................................... $371,000
Budget estimate, 2005................................... 375,000
Committee recommendation................................ 375,000
The Committee recommends an appropriation of $375,000 from
interest and earnings in the Israeli Arab Scholarship Endowment
Fund, authorized by Section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-
138). The recommendation is $4,000 above the fiscal year 2004
funding level and identical to the budget request.
The Israeli Arab Scholarship Program funds scholarships for
Israeli Arabs to attend institutions of higher education in the
United States. A permanent endowment of $4,978,500 was
established in 1992 with funds made available under section
556(b) of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act of 1990, as amended. The interest
from the endowment is credited to the Fund and made available
subject to annual appropriations to carry out the scholarship
program.
East-West Center
Appropriations, 2004.................................... $17,692,000
Budget estimate, 2005................................... 13,709,000
Committee recommendation................................ 19,500,000
The Committee recommends an appropriation of $19,500,000.
The recommendation is $1,808,000 above the fiscal year 2004
funding level and $5,791,000 above the request.
The East-West Center is an educational and research
organization established by Congress in 1960 to strengthen
understanding and relations between the United States and the
countries of the Asia-Pacific region. The Center helps promote
the establishment of a stable, peaceful and prosperous Asia-
Pacific community in which the United States is a natural and
leading partner. The Center carries out its mission through
programs of cooperative study, training, and research.
Professionals and students from the United States, Asia, and
the Pacific study and work together at the East-West Center to
better understand issues of common and critical concern and
explore mutually beneficial ways of addressing them.
National Endowment For Democracy
Appropriations, 2004.................................... $39,579,000
Budget estimate, 2005................................... 80,000,000
Committee recommendation................................ 50,000,000
The Committee recommends an appropriation of $50,000,000.
The recommendation is $10,421,000 above the fiscal year 2004
funding level and $30,000,000 below the budget request.
The National Endowment for Democracy [NED] is a private,
non-profit organization created in 1983 to strengthen
democratic institutions around the world. NED's mission is to
support peaceful and stable transitions to more open political
and economic systems characterized by effective governance and
legal systems, engaged and responsible civil societies, and
open markets. Although NED was first created to help the United
States win the cold war, its mission of promoting democracy is
still relevant today, particularly in the war against
terrorism.
The Committee recommendation includes language which would
direct $10,000,000 of the significant increase in appropriated
amounts to NED to the four core institutes to expand programs
in the greater Middle East. The Committee has found that the
institutes' work to develop democracy through political party
training and electoral work in the region has made considerable
progress to transition states to a democratic process,
particularly in Iraq and in Afghanistan. In addition, the
Committee recommendation includes language to establish an
annual report to Congress on the use of federally appropriated
funds to the NED to ensure the maximum benefit of these
resources.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
Appropriations, 2004.................................... $540,292,000
Supplemental appropriations, 2004....................... 40,000,000
Budget estimate, 2005................................... 533,111,000
Committee recommendation................................ 552,240,000
The Committee recommends an appropriation of $552,240,000.
The recommendation is $11,948,000 above the fiscal year 2004
funding level and $19,129,000 above the request.
This appropriation account funds the operating and
engineering costs of Voice of America [VOA], Radio Free Europe/
Radio Liberty [RFE/RL], Radio Free Asia [RFA], the Middle East
Television Network [MTN], Worldnet Television, and the
Broadcasting Board of Governors. As directed in last year's
bill, this account will continue to fund the Office of Cuba
Broadcasting.
The Committee recommendation includes new bill language
transferring $302,000 to the Department of State for the
Capital Security Cost Sharing Initiative to provide for safe
and secure facilities overseas.
The Committee recommendations, by function, are displayed
in the following table:
INTERNATIONAL BROADCASTING OPERATIONS [IBO]
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
International Broadcasting Bureau [IBB]:
Voice of America [VOA]............................ 155,308
Engineering and Technical Services................ 126,145
Agency Direction.................................. 23,400
Management........................................ 49,521
Program Support................................... 24,994
-----------------
Subtotal, IBB................................... 379,368
=================
Independent Grantee Organizations:
Radio Free Europe/Radio Liberty................... 71,746
Radio Free Asia................................... 28,728
Middle East Television Network/Radio Sawa......... 44,769
-----------------
Subtotal, Grantees.............................. 145,243
=================
Cuba Broadcasting..................................... 27,629
=================
Total, IBO...................................... 552,240
------------------------------------------------------------------------
Some of the Committee recommendations displayed in the
table are described in more detail in the following paragraphs.
INTERNATIONAL BROADCASTING BUREAU
Voice of America.--The Committee recommends an
appropriation of $155,308,000 for Voice of America [VOA]. The
Committee recognizes that broadcasting to the Middle East and
South and Central Asia is critical to the United States-led war
on terror. The recommendation therefore includes $5,600,000 for
VOA's Middle East and Central Asia Division.
Africa Broadcasting.--The Committee commends VOA for its
progress in developing daily radio and television programming
on HIV/AIDS prevention to countries throughout Africa. VOA is
directed to continue to report to the Committee on its HIV/AIDS
prevention and education related broadcasting activities no
later than 90 days after the enactment of this Act.
Engineering and Technical Services.--The Committee
recommends an appropriation of $126,145,000 for engineering and
technical services. Within this amount, $3,400,000 is for the
Engineering Director.
Agency Direction.--The Committee recommends an
appropriation of $23,400,000 for Agency Direction.
Management.--The Committee recommends an appropriation of
$49,521,000 for the management of the BBG. The recommendation
includes $3,111,000, the full amount requested, for security.
Program Support.--The recommendation includes $4,140,000
for the BBG's marketing and program placement initiative.
GRANTEES
Radio Free Europe/Radio Liberty.--The Committee recommends
an appropriation of $71,746,000 for Radio Free Europe/Radio
Liberty [RFE/RL]. The recommendation includes $5,150,000 for
Radio Free Afghanistan, $3,894,000 for Radio Farda, and
$1,194,000 for Radio Free Iraq. Each of these levels is
identical to the budget request. The recommendation also
includes $250,000, the full request, for RFE/RL relocation
planning.
Security of Radio Free Europe/Radio Liberty Headquarters.--
Last year, the Committee directed RFE/RL to work with the
Department of State's Bureau of Overseas Buildings Operations
[OBO] to develop a comprehensive site and cost assessment for
relocation of the RFE/RL headquarters, now located in the
former Czechoslovak Federal parliament building on Wenceslas
Square in Prague, the Czech Republic. The report submitted to
the Committee by RFE/RL and OBO outlines several viable future
relocation options and concludes that the best overall choice
for constructing a new secure facility still would be in
Prague.
BBG has recently informed the Committee that RFE/RL would
like to begin negotiations in order to sign a pre-lease
agreement with one of the Czech site developers identified in
the report. The Committee notes that RFE/RL has requested some
funding to continue the planning process through fiscal year
2005.
It would be short-sighted, however, for BBG and RFE/RL not
to anticipate the substantial future cost of relocation from
the current site. The report estimates the costs to be
approximately $19,000,000 a year over a 4-year period. An
increase of $19,000,000 is 25 percent of RFE/RL's total fiscal
year 2005 request. A thorough explanation as to how specific
relocation costs, as outlined in the report, will be absorbed
in future years has yet to be provided. The Committee therefore
directs BBG and RFE/RL to compile and submit a strategic
funding plan for the intended relocation process no later than
February 1, 2005. Until a long-term maintenance cost of a new
building has been contemplated and endorsed by the BBG, no
additional funds shall be provided to secure a site for
relocation.
Radio Free Asia.--The Committee recommends an appropriation
of $28,728,000 for Radio Free Asia [RFA]. Within the funding
provided for Broadcasting, $2,955,000 is for RFA's Tibetan
Service and $1,289,000 for its Uyghur Service.
Jamming.--The Committee has provided funds in prior years
to address increased jamming of Radio Free Asia broadcasts.
Jamming is intended to stem the flow of truthful and free media
to closed societies. The Committee had directed the broadcast
services to expand their efforts to counteract the practice of
jamming and is pleased to see that services like RFA have
successfully begun to create and mass distribute electronic
newsletters.
Middle East Television Network/Radio Sawa.--The Committee
recommends an appropriation of $44,769,000 for the operations
of the Middle East Television Network [MTN] and Radio Sawa. The
recommendation is identical to the request. The Committee
commends BBG's expeditious work in integrating and streamlining
Radio Sawa and MTN into a single broadcasting entity.
MTN's Arabic-language satellite television channel, Al
Hurra, was launched in February 2004 and is the first U.S.
television entity that targets a broad Arabic-speaking
audience. The sharp criticism that Al Hurra already has induced
suggests that it has, at the very least, captured the attention
of its competitors in the saturated Arabic-speaking satellite
television market. To separate itself from other news outlets,
Al Hurra must clearly demonstrate to its audience that it can
provide credible and objective news coverage and analysis. The
Committee directs MTN to report on Al Hurra's coverage,
audience, reception and public response in the Arabic-speaking
world. The report shall include the findings of an independent
and validated public opinion poll.
BROADCASTING TO CUBA
Radio and Television Marti.--These programs are dedicated
to providing a reliable source of news and information that is
accurate and objective, and to the promotion of freedom and
democracy in Cuba. The Committee recommends an appropriation of
$27,629,000. The recommendation is identical to the budget
request.
BROADCASTING CAPITAL IMPROVEMENTS
Appropriations, 2004.................................... $11,275,000
Budget estimate, 2005................................... 8,560,000
Committee recommendation................................ 8,560,000
The Committee recommends an appropriation of $8,560,000.
The recommendation is $2,715,000 below the fiscal year 2004
funding level and identical to the budget request. The
Committee notes that no funding was requested for new
construction projects in fiscal year 2005.
This account funds necessary maintenance, improvements,
replacements, and repairs of broadcasting sites; satellite and
terrestrial program feeds; and engineering support activities,
broadcast facility leases, and land rentals.
The Committee recommendations, by function, are displayed
in the following table:
BROADCASTING CAPITAL IMPROVEMENTS [BCI]
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Maintenance, Improvements, Replace and Repair [MIRR]:
Continuing Maintenance and Repair................. 4,379
VOA TV............................................ 773
Security.......................................... 1,608
-----------------
Subtotal, MIRR.................................. 6,760
=================
Upgrade of Existing Facilities:
Greek Agreement................................... 1,000
-----------------
Subtotal, Upgrades.............................. 1,000
=================
Satellite and Terrestrial Program Feeds............... 800
=================
Total, BCI...................................... 8,560
------------------------------------------------------------------------
General Provisions--Department of State and Related Agency
The Committee recommends the following general provisions:
Section 401 permits funds appropriated to the Department of
State in this Act to be available for allowances and
differentials, services, and hire of passenger transportation.
Section 402 prohibits fund appropriated to the Department
of State in this Act from being used to support the Palestinian
Broadcasting Corporation.
Section 403 requires that a consulate or diplomatic
facility in Jerusalem be under the supervision of the U.S.
Ambassador to Israel.
Section 404 requires government publications to list
Jerusalem as the capital of Israel.
Section 405 provides that Israel shall be recorded as the
place of birth on registrations of birth, certifications of
nationality, and passport applications for U.S. citizens born
in Jerusalem.
Section 406 pertains to the State Department's provision of
certain information to the Committees on Appropriations.
Section 407 establishes the Office of the Coordinator for
Reconstruction and Stabilization.
Section 408 describes the functions of the Office of the
Coordinator for Reconstruction and Stabilization.
Section 409 clarifies section 626 of Public Law 107-77,
that the Algiers Accord is abrogated for the purposes of
providing a cause of action for the Iranian hostages.
Section 410 implements Capital Security Cost Sharing.
Section 411 promotes right-sizing.
Section 412 prohibits U.S. tax dollars from being used to
support an international organization's effort to blacklist and
penalize countries that encourage foreign investment by
adopting low tax systems and competitive investment climates.
It also prohibits funds from being used for international
efforts to track or report on the investment income of
foreigners in the United States.
Section 413 allows the Department of State and Broadcasting
Board of Governors to obligate and expend funds notwithstanding
the absence of an authorization for fiscal years 2004-2005.
Section 414 adjusts the peacekeeping cap.
Section 415 updates and conforms the Senior Foreign Service
pay system.
Section 416 extends the termination dates for the Advisory
Committee on Cultural Diplomacy and the U.S. Advisory
Commission on Public Diplomacy.
Section 417 increases the limits applicable to post
differentials and danger pay allowances.
Section 418 modifies existing personnel review procedures
which require Foreign Service promotion panels to ``low rank''
5 percent of every Foreign Service class.
Section 419 clarifies the Department's authority to enter
into settlements of claims of back pay or other grievances
brought by personnel in cases where it is appropriate.
Section 420 requires that a provision of law be implemented
within 60 days of enactment of this Act.
TITLE V--RELATED AGENCIES
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
Appropriations, 2004.................................... $491,000
Budget estimate, 2005................................... 499,000
Committee recommendation................................ 491,000
The Committee recommends an appropriation of $491,000. The
recommendation is identical to the fiscal year 2004 funding
level and is $8,000 below the budget request. The purpose of
the Commission is to encourage the preservation of cemeteries,
monuments, and historic buildings associated with the foreign
heritage of the American people.
The recommendation will allow the Commission to fund its
administrative expenses through appropriated funds while
relying on privately donated funds for the actual purchase and
restoration of property.
Commission on Civil Rights
SALARIES AND EXPENSES
Appropriations, 2004.................................... $9,001,000
Budget estimate, 2005................................... 9,096,000
Committee recommendation................................ 9,096,000
The Committee recommends an appropriation of $9,096,000 for
the salaries and expenses of the Commission on Civil Rights.
The recommendation is $95,000 above the fiscal year 2004
funding level and identical to the budget request.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
Appropriations, 2004.................................... $1,598,000
Budget estimate, 2005................................... 1,831,000
Committee recommendation................................ 1,598,000
The Committee recommends an appropriation of $1,598,000.
The recommendation is identical to the fiscal year 2004 funding
level and $233,000 below the budget request.
The Commission was established in 1976 to ensure compliance
with the final act of the Conference on Security and
Cooperation in Europe with particular regard to provisions
dealing with humanitarian affairs.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
Appropriations, 2004.................................... $1,781,000
Budget estimate, 2005................................... 1,900,000
Committee recommendation................................ 1,781,000
The Committee recommends an appropriation of $1,781,000.
The recommendation is identical to the fiscal year 2004 funding
level and $119,000 below the budget request.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
Appropriations, 2004.................................... $324,944,000
Budget estimate, 2005................................... 350,754,000
Committee recommendation................................ 327,511,000
The Committee recommends an appropriation of $327,511,000.
The recommendation is $2,567,000 above the fiscal year 2004
funding level and $23,243,000 below the budget request.
Federal Communications Commission
SALARIES AND EXPENSES
Appropriations, 2004.................................... $273,947,000
Budget estimate, 2005................................... 292,958,000
Committee recommendation................................ 282,346,000
The Committee recommends a total of $282,346,000 for the
salaries and expenses of the Federal Communications Commission
[FCC], of which $281,346,000 is to be derived from the
collection of fees. The recommendation is $8,399,000 above the
fiscal year 2004 funding level and $10,612,000 below the budget
request. The recommendation does not transfer more of the cost
of supporting the FCC to the General Fund as proposed by the
budget request.
The FCC is an independent regulatory agency exercising
authority delegated to it by Congress under the Communications
Act of 1934 as amended by the Telecommunications Act of 1996.
The primary mission of the FCC is to promote competition,
innovation, and deregulation in the communications industry.
The FCC is charged with regulating interstate and international
communications by radio, television, wire, satellite and cable.
The mandate of the FCC under the Communications Act is to make
available to all people of the United States a rapid,
efficient, nationwide, and worldwide wire and radio
communication service. The FCC performs four major functions to
fulfill this charge: spectrum allocation, creating rules to
promote fair competition and protect consumers where required
by market conditions, authorization of service, and
enforcement.
The recommendation includes funding increases that will
greatly enhance the FCC's ability to achieve its core
objectives. The recommendation includes increases for
enforcement bureau monitoring equipment, test equipment,
training and uncontrollable cost increases such as the
requested cost of living adjustment. The Committee freezes at
$85,000,000 auction proceeds that can be used for competitive
bidding programs. The Committee notes that no auctions are
planned in fiscal year 2005.
Broadcast Television Standards.--The Committee continues to
be concerned about the declining standards of broadcast
television and the impact this decline is having on America's
children. Overall sexual content, foul language, and violence
have tripled over the past decade. The Committee directs the
FCC to continue to report to Congress on the issues associated
with resurrecting a broadcast industry code of conduct for
content of programming that, if adhered to by the broadcast
industry, would protect against the further erosion of
broadcasting standards.
Federal Trade Commission
SALARIES AND EXPENSES
Appropriations, 2004.................................... $185,505,000
Budget estimate, 2005................................... 205,430,000
Committee recommendation................................ 207,730,000
The Committee recommends an appropriation of $207,730,000.
The recommendation is $22,225,000 above the fiscal year 2004
funding level and $2,300,000 above the budget request.
The Federal Trade Commission [FTC] administers a variety of
Federal antitrust and consumer protection laws. Activities in
the antitrust area include detection and elimination of illegal
collusion, anticompetitive mergers, unlawful single-firm
conduct, and injurious vertical agreements. The FTC regulates
advertising practices, service industry practices, marketing
practices, and credit practices as it addresses fraud and other
consumer concerns.
The recommendation includes $10,889,000 for mandatory costs
and to continue congressional mandates, including $2,000,000
for Do-Not-Call enforcement costs and $1,319,000 for the
Consumer Response Center and technology infrastructure. The
recommendation also provides an additional $10,800,000 and 40
additional full time employees to annualize the fiscal year
2004 costs and provide the necessary fiscal year 2005 costs to
carry out legislative directives in the Controlling the Assault
of Non-Solicited Pornography and Marketing [CAN-SPAM] Act of
2003, the Fair and Accurate Credit Transactions [FACT] Act of
2003, and section 151 of the Federal Deposit Insurance
Corporation Improvement Act of 1991 [FDICIA]. Of the amounts
provided, $101,000,000 is from Hart-Scott-Rodino pre-merger
filing fees and $20,000,000 is from Do-Not-Call fees. The total
amount of direct appropriations for this account is therefore
$86,730,000. This represents an increase of $36,325,000 over
the fiscal year 2004 direct appropriation. The Committee notes
that this increase is necessary due to a significant drop-off
in offsetting fee collection receipts beginning in 2001.
Child Protection.--The Federal Trade Commission [FTC] in
September 2000, released a report entitled: ``Marketing Violent
Entertainment to Children: A Review of Self-Regulation and
Industry Practices in the Motion Picture, Music Recording &
Electronic Game Industries''. The report was very critical of
the entertainment industry and its persistent and calculated
marketing of violent games, movies, and music to children. In
response to this report, the entertainment industry has
promised to impose tougher regulations on itself and to
voluntarily comply with the report's recommendations. The FTC
should continue with and expand upon its efforts in this area.
The Committee directs the Commission to continue to engage in
consumer research and workshops, underage shopper-retail
compliance surveys, and marketing data collection.
Internet.--The Federal Trade Commission [FTC] is charged
with monitoring compliance with the Children's Online Privacy
Protection Act. The recommendation provides the Commission the
funding resources it needs to meet the challenges of increased
fraud on the Internet. The Committee commends the FTC for
recognizing the unique and difficult challenge posed by the
Internet, an international phenomenon that lacks borders, to
the safety of our children.
Do-Not-Call Initiative.--The recommendation includes
$20,000,000 for the Federal Trade Commission's [FTC] Do-Not-
Call initiative, of which the entire amount is to be derived
from the collection of fees. The Do-Not-Call initiative was
launched pursuant to the FTC's amended Telemarketing Sales
Rule. The Do-Not-Call initiative will establish a national
database of telephone numbers of consumers who choose not to
receive telephone solicitations from telemarketers. The Do-Not-
Call initiative has received broad support from, and will
provide significant benefits to, consumers from all corners of
the United States. The recommendation represents an increase of
$1,900,000 above the fiscal year 2004 funding level. This
increase will support a range of infrastructure technology
improvements that are needed to support the Do-Not-Call
initiative. These improvements will allow the FTC to manage the
expected large volume of consumer complaints within the
Sentinel system and will allow the FTC to share information
with its law enforcement partners. Sentinel is a secure website
through which the FTC's law enforcement partners access
consumer complaint information. Currently, over 700 Federal,
State, and local law enforcement partners access Sentinel. With
the addition of Do-Not-Call complaint data, the FTC anticipates
that a significant number of ``new'' partners and users, such
as public utility companies, will need to use Sentinel to
access those data.
The Committee is aware of support for legislation to repeal
or suspend implementation of mandatory country of origin
labeling for seafood by major industry advocates. The Committee
is concerned; however, that illegal pressure tactics are being
applied against American fishermen who strongly oppose the
repeal effort. The Committee directs the Federal Trade
Commission to conduct a prompt investigation into these
allegations, and to provide a report to the Committee by no
later than January 1, 2005.
Last year, the Committee directed the FTC to conduct a
study to determine if uncompetitive or unfair practices, or
practices which tend to restrain trade, are being used by
companies that provide commercial trucking fleet card programs,
and the effects of these practices on the truck stop industry.
The FTC was directed to submit this report by July 2004, and
the Committee on Appropriations looks forward to reviewing its
analysis.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
Appropriations, 2004.................................... $335,282,000
Budget estimate, 2005................................... 329,300,000
Committee recommendation................................ 335,000,000
The Committee recommends an appropriation of $335,000,000.
The recommendation is $282,000 below the fiscal year 2004
funding level and $5,700,000 above the budget request. The
Committee recommendation includes $312,251,000 for basic field
programs, to be used for competitively awarded grants and
contracts, $13,900,000 for management and administration,
$3,400,000 for client self-help and information technology,
$2,600,000 for the Office of the Inspector General, and
$2,849,000 for grants to offset losses due to census
adjustments.
ADMINISTRATIVE PROVISIONS
The Committee recommendation continues the administrative
provisions contained in the fiscal year 1998 appropriations act
(Public Law 105-119) regarding operation of this program to
provide basic legal services to poor individuals and the
restrictions on the use of Legal Services Corporation [LSC]
funds.
Grantees must agree not to engage in litigation and related
activities with respect to a variety of matters including: (1)
redistricting; (2) class action suits; (3) representation of
illegal aliens; (4) political activities; (5) collection of
attorney fees; (6) abortion; (7) prisoner litigation; (8)
welfare reform; (9) representation of charged drug dealers
during eviction proceedings; and (10) solicitation of clients.
The exception to the restrictions in a case where there is
imminent threat of physical harm to the client or prospective
client remains in place.
The manner in which the LSC grantees are audited through
contracts with certified public accountants for financial and
compliance audits are continued along with the provisions on
recompetition and debarment.
Marine Mammal Commission
SALARIES AND EXPENSES
Appropriations, 2004.................................... $1,836,000
Budget estimate, 2005................................... 1,890,000
Committee recommendation................................ 1,890,000
The Committee recommends an appropriation of $1,890,000.
The recommendation is $54,000 above the fiscal year 2004
funding level and identical to the budget request.
National Veterans' Business Development Corporation
Appropriations, 2004.................................... $1,979,000
Budget estimate, 2005................................... 2,000,000
Committee recommendation................................ 2,000,000
The Committee recommends an appropriation of $2,000,000.
The recommendation is $21,000 above the fiscal year 2004
funding level and identical to the budget request.
Securities and Exchange Commission
SALARIES AND EXPENSES
Appropriations, 2004.................................... $811,500,000
Budget estimate, 2005................................... 913,000,000
Committee recommendation................................ 913,000,000
The Committee recommends a total budget (obligational)
authority of $913,000,000 for the salaries and expenses of the
United States Securities and Exchange Commission [SEC], of
which the entire amount is to be derived from the collection of
fees. The recommendation is $101,500,000 above the fiscal year
2004 funding level and identical to the budget request.
The mission of the SEC is to administer and enforce the
Federal securities laws in order to protect investors and to
maintain fair, honest, and efficient markets. This includes
ensuring full disclosure of financial information, regulating
the Nation's securities markets, and preventing and policing
fraud and malpractice in the securities and financial markets.
The strength of the American economy and our Nation's financial
markets is dependent upon investors' confidence in the
financial disclosures and statements released by publicly-
traded companies. The Committee directs the SEC to continue to
provide quarterly reports to the Committees on Appropriations
on the measures it is taking to restore the public's confidence
in the financial markets.
Staffing and Infrastructure.--The recommendation supports
the continued hiring of the more than 840 new staff recommended
by the Sarbanes-Oxley Act of 2002 and approved by the Committee
in fiscal 2003, and continues major, multi-year information
technology projects. The Committee recognizes the significant
challenges the SEC continues to face in filling critical
vacancies, such as accountants, and notes the continued
competition from the private sector faced by the SEC. The
Committee is aware that the SEC is in the process of developing
a new strategic plan regarding the addition of new positions.
The Committee looks forward to receiving this strategic plan
and directs the SEC to submit, in conjunction with this
strategic plan, no later than April 15, 2004, a report
containing any recommended legislative changes that may be
necessary to allow the SEC to hire authorized levels.
Pay Parity.--Pay parity is intended to bring the salaries
of Securities and Exchange Commission employees in line with
those of other Federal financial regulatory agencies. Pay
parity will help the SEC recruit and retain highly qualified
staff. The Commission's ability to hire retain the necessary
number of qualified staff persons is critical to its success in
restoring confidence in U.S. financial markets. The
recommendation includes sufficient funding for the Commission
to continue implementation of the pay parity program authorized
in the Investor and Capital Markets Fee Relief Act of 2002.
Enforcement.--The Committee directs the Commission to
continue to espouse, as its top priority, the investigation and
prosecution of financial fraud and reporting cases. The
Committee commends the SEC for its heightened enforcement
efforts and recent initiatives to protect investors through
strengthened corporate disclosure, accounting, and reporting
requirements.
Information Technology [IT].--Now that the SEC's basic IT
infrastructure needs have been addressed, the SEC must consider
what new IT initiatives could significantly enhance its ability
to accomplish its mission. Examples of such IT initiatives
would be on-line filing of ownership reports or software that
would allow securities transactions to be routed directly from
clearing brokers to the SEC. The SEC is directed to keep the
Committee apprised of new IT initiatives for which it might be
considering requesting funding in fiscal year 2006.
Exercising of Options.--The Committee remains concerned by
instances in which corporate insiders enrich themselves at the
expense of stockholders by exercising stock options immediately
prior to companies' financial collapse. The exercising of stock
options may even contribute, in some cases, to the bankruptcy
of teetering corporations. The SEC is directed to continue to
provide to the Committee a monthly report listing the
exercising of stock options by corporate officers and directors
under section 12 of the Securities and Exchange Act.
Investor Protection.--The recommendation includes language
requiring the SEC to submit a report containing a justification
for the SEC rule adopted in June 2004, requiring the chairman
of a mutual fund board to be an independent director. The
report should provide a comparison of the amount and types of
malfeasance that have occurred in recent years at mutual funds
with independent chairman versus those without independent
chairmen. The report should also analyze whether mutual funds
chaired by disinterested directors perform better, have lower
expenses, or have better compliance records than funds chaired
by interested directors.
Small Business Administration
Appropriations, 2004.................................... $711,281,000
Budget estimate, 2005................................... 678,400,000
Committee recommendation................................ 761,917,000
The Committee recommends an appropriation of $761,917,000,
for the Small Business Administration [SBA]. The recommendation
is $50,636,000 above the fiscal year 2004 funding level and
$83,517,000 above the budget request. Funding is distributed
among the SBA appropriation accounts as described below.
SALARIES AND EXPENSES
Appropriations, 2004.................................... $322,322,000
Budget estimate, 2005................................... 326,259,000
Committee recommendation................................ 357,684,000
The Committee recommends an appropriation of $357,684,000.
The recommendation is $35,362,000 above the fiscal year 2004
funding level and $31,425,000 above the budget request. Within
the amount provided, $2,750,000 is for the 1.5 percent pay
raise for Federal employees. Also within the amount provided,
$37,636,000 is for the 8(a) program and $3,158,000 is for the
7(j) program.
NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
The Committee recommends an appropriation of $138,709,000
for the SBA non-credit business assistance programs. The
recommendation is $28,109,000 above the budget request.
The Small Business Administration shall require all of its
core technical assistance programs (including the Small
Business Development Centers, SCORE, and Womens' Business
Centers) to provide training to SBA personnel in implementating
and evaluating pilot technical assistance programs, and doing
business, in Native American communities.
The Committee recommendations, by program are displayed in
the following table:
NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Small Business Development Centers..................... 88,000
U.S. Export Assistance Centers......................... 1,484
Drug-free Workplace Grants............................. 1,000
National Ombudsman..................................... 500
SCORE.................................................. 5,000
Business Information Centers........................... 396
Women's Business Centers............................... 12,000
Small Disadvantaged Business........................... [1,500]
Women's Council........................................ 750
7(j) Technical Assistance.............................. 1,500
Microloan Technical Assistance......................... 15,000
Advocacy Research/Database............................. 1,100
Veteran's Business Development Assistance.............. 750
SBIR Technical Assistance.............................. 250
SBIR--FAST............................................. 2,000
Native American Outreach............................... 2,000
PRIME Technical Assistance............................. 5,000
HUBZones............................................... 1,979
----------------
Total, Non-credit Business Assistance Program.... 138,709
------------------------------------------------------------------------
The recommendation includes $1,500,000 for the Small
Disadvantaged Business Program, which is funded through
reimbursements from interagency collections.
The Committee continues to support the Small Business
Development Center Program.
The Committee is concerned that HUBZone requirements based
solely on census tracts may inadvertently disqualify needy
communities in small, rural areas. The Committee urges that the
SBA look at alternative ways to evaluate eligibility for
HUBZones in rural areas and implement a pilot program for
small, rural communities.
The recommendation includes language providing that Women's
Business Centers in sustainability status shall receive 48
percent of the total funding provided for Women's Business
Centers. Within the amount provided for Women's Business
Centers, $500,000 is provided for the South Carolina Women's
Business Center and $100,000 is provided for the New Hampshire
Women's Business Center.
OFFICE OF INSPECTOR GENERAL
Appropriations, 2004.................................... $12,864,000
Budget estimate, 2005................................... 14,500,000
Committee recommendation................................ 13,014,000
The Committee recommends an appropriation of $13,014,000
for the Office of Inspector General. The recommendation is
$150,000 above the fiscal year 2004 funding level and
$1,486,000 below the budget request. The recommendation
includes the 1.5 percent pay raise for Federal employees. The
recommendation continues language making $500,000 available to
the Office of Inspector General from funding for the Disaster
Loans Program Account.
Reorganization.--The Committee recently approved a
reorganization requested by the Office of Inspector General
[OIG] relating to inspections and evaluations. While the
Committee is supportive of the OIG's efforts to consolidate,
the Committee is also supportive of the inspection and
evaluation functions and recognizes that these functions have
proven to be a valuable tool in correcting problems at the
onset rather than after the fact. Therefore, the Committee
directs the OIG to continue conducting inspections and
evaluations and to report to the Committee monthly on the
status of these reports.
SURETY BOND GUARANTEES REVOLVING FUND
Appropriations, 2004....................................................
Budget Estimate, 2005................................... $11,400,000
Committee recommendation................................ 11,400,000
The Committee recommends an appropriation of $11,400,000.
The recommendation is $11,400,000 above the fiscal year 2004
funding level and identical to the budget request.
BUSINESS LOANS PROGRAM ACCOUNT
Appropriations, 2004.................................... $206,842,000
Budget estimate, 2005................................... 129,000,000
Committee recommendation................................ 200,910,000
The Committee recommends an appropriation of $200,910,000.
The recommendation is $5,932,000 below the fiscal year 2004
funding level and $71,910,000 above the budget request. Of the
amount provided, $129,000,000 is for administrative expenses,
which may be transferred to, and merged with, SBA salaries and
expenses to cover the common overhead expenses associated with
the business loans programs.
The recommendation includes $70,000,000 for the 7(a) Loan
Guaranty Program. At the prior year subsidy rate, this amount
will support a program level for 7(a) of $14,500,000,000. The
recommendation also includes $1,910,000 for the Microloan
Direct program.
DISASTER LOANS PROGRAM ACCOUNT
Appropriations, 2004.................................... $168,756,000
Budget estimate, 2005................................... 197,241,000
Committee recommendation................................ 178,909,000
The Committee recommends an appropriation of $178,909,000.
The recommendation is $10,153,000 above the fiscal year 2004
funding level and $18,332,000 below the budget request.
Within the amount provided, $65,000,000 is for direct loan
subsidies. The SBA has requested a significant increase for
direct loan subsidies in fiscal year 2005. This increase is due
to the fact that SBA has adopted a new disaster loan model
which more accurately captures the actual program cost. As a
result, the baseline subsidy rate for the disaster program has
increased. The SBA is urged to seek out emergency funding in
the event of a disaster requiring loan assistance.
Also within the amount provided, $113,909,000 is for
administrative expenses. Of this amount, $750,000 is for the
1.5 percent pay raise for Federal employees.
ADMINISTRATIVE PROVISIONS
The recommendation continues language providing that
disaster loans in Alaska shall continue to be managed by the
SBA and shall not be sold for processing.
State Justice Institute
SALARIES AND EXPENSES
Appropriations, 2004.................................... $2,227,000
Budget estimate, 2005...................................................
Committee recommendation................................ 3,000,000
The Committee recommends an appropriation of $3,000,000.
The recommendation is $773,000 above the fiscal year 2004
funding level and $3,000,000 above the budget request.
The Institute was created in 1984 to further the
development and adoption of improved judicial administration in
State courts.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
Appropriations, 2004.................................... $1,979,000
Budget estimate, 2005................................... 2,000,000
Committee recommendation................................ 2,300,000
The Committee recommends an appropriation of $2,300,000.
The recommendation is $321,000 above the fiscal year 2004
funding level and $300,000 above the budget request.
The Commission was established in 2000 to monitor,
investigate, and report to Congress on the national security
implications of the bilateral trade and economic relationship
between the United States and the People's Republic of China.
In 2002, Congress significantly expanded the Commission's
charter to focus on nine specific, yet diverse areas, including
China's proliferation practices, United States investments into
China, and United States-China bilateral agreements on
intellectual property rights.
The Committee directs the Commission to consult with the
Secretary of Commerce, as appropriate, to research and report
back to the Committees on Appropriations regarding the
following: (1) China's industrial policies, including
``pillar'' sectors, technology acquisitions through joint
ventures, various forms of subsidization, and the short- and
long-term implications of the modernization of those industries
for the United States economy, industry, and employees; (2)
Exports from China's state enterprises, the types and amounts
of subsidies provided, and the longer-term effects of such
exports/subsidies on specific United States industries; (3)
Various means to compensate losses of United States
intellectual property holders created by China's inability to
meet its WTO intellectual property commitments; (4) Shifts of
research and development from the United States to China, the
nature of the 134 major foreign research and development
corporate complexes now identified by the People's Republic of
China, the prospects for future European Union, Japanese, and
United States research and development shifts to China, and the
resulting implications to United States capacities; (5) Items
on the United States-China Advanced Technology Trade list
cross-referenced to the items on the Department of Defense's
Critical Technology List, and what part of total United States
purchases of these items are imported from China; (6) An
analysis of the extent of professional service outsourcing that
now exists and is projected from the United States, and the
ultimate location of that outsourcing, and quantifications of
the longer-term consequences to affected United States
professions, such as software engineering; and (7) A survey of
business groups on the extent to which United States
manufacturers and their supply chains are relocating to China.
The Committee expects this report to be provided to the
Committees on Appropriations no later than May 1, 2005.
United States Senate-China Interparliamentary Group
SALARIES AND EXPENSES
Appropriations, 2004....................................................
Budget estimate, 2005...................................................
Committee recommendation................................ $100,000
The Committee recommends an appropriation of $100,000. The
recommendation is $100,000 above the fiscal year 2004 funding
level and $100,000 above the budget request.
TITLE VI--GENERAL PROVISIONS
The Committee recommends the following general provisions
for the departments and agencies funded in the accompanying
bill.
Section 601 requires agencies to provide quarterly reports
regarding unobligated balances.
Section 602 prohibits any appropriation contained in the
Act from remaining available for obligation beyond the current
year unless expressly provided.
Section 603 provides that the expenditure of any
appropriation contained in the 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 604 provides for severability should a provision of
this Act be found to be unconstitutional.
Section 605(a) stipulates Committee policy concerning the
reprogramming of funds. Section 605(a) prohibits the
reprogramming of funds which: (1) creates new programs; (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 offices or
employees; (5) reorganizes offices, programs, or activities;
(6) contracts out or privatizes any function or activity
presently performed by Federal employees--unless the
Appropriations Committees of the House and Senate are notified
15 days in advance.
Section 605(b) prohibits a reprogramming of funds in excess
of $1,000,000 or 10 percent, whichever is less, that (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or (3) results from any general savings
due to a reduction in personnel which would result in a change
in existing programs, activities, or projects as approved by
Congress unless the Appropriations Committees of the House and
Senate are notified 15 days in advance.
The recommendation increases the reprogramming threshold to
$1,000,000 as proposed by the budget request, in recognition of
inflation.
Section 606 prohibits construction, repair, overhaul,
conversion, or modernization of National Oceanic and
Atmospheric Administration ships outside of the United States.
Section 607 provides for a penalty for persons found to
have falsely mislabeled products.
Section 608 prohibits the use of funds to implement a
certain Memorandum of Agreement between the Federal Trade
Commission and the Antitrust Division of the Department of
Justice.
Section 609 prohibits the use of funds for any United
Nations peacekeeping mission that involves United States Armed
Forces under the command or operational control of a foreign
national unless the President certifies that the involvement is
in the national security interest.
Section 610 prohibits use of funds to expand the United
States diplomatic presence in Vietnam beyond the level in
effect July 11, 1995, unless the President makes a
certification that several conditions have been met regarding
Vietnam's cooperation with the United States on POW/MIA issues.
Section 611 requires agencies and departments funded in
this Act to absorb any necessary costs related to downsizing or
consolidation within the amounts provided to the agency or
department.
Section 612 provides funding for Public Safety Officers
under the Local Law Enforcement Block Grant program.
Section 613 limits the availability of funds for tobacco
promotion.
Section 614 prohibits funds from being used to issue a visa
to any alien involved in extrajudicial and political killings
in Haiti and establishes working conditions for plaintiffs in a
recently settled Federal lawsuit.
Section 615 delays obligation of some receipts deposited
into the Crime Victim Fund.
Section 616 prohibits the use of funds appropriated or
otherwise made available to the Departments of State and
Justice to process visas for citizens of countries that the
Attorney General has determined deny or delay accepting the
return of deported citizens.
Section 617 provides certain grants.
Section 618 prohibits a user fee from being charged for
background checks conducted pursuant to the Brady Handgun
Control Act of 1993 and prohibits implementation of a
background check system that does not require and result in the
immediate destruction of certain information.
Section 619 prohibits the Small Business Administration
from selling certain disaster loans.
Section 620 limits transfers of funds between agencies.
Section 621 directs the Secretary of Commerce to have lead
responsibility for negotiating treaties concerning fisheries,
marine mammals, or sea turtles.
Section 622 prohibits funds from being used in violation of
the Immigration and Nationality Act.
Section 623 ensures adherence to burden-sharing initiatives
codified in this Act.
Section 624 requires the Federal Bureau of Investigation,
the Department of Homeland Security, and the Department of
State to jointly submit a report.
Section 625 prohibits use of funds for United States
contributions to any United Nations body that is chaired by a
country that is determined by the Secretary of State to have
supported acts of terrorism.
Section 626 prohibits the use of funds to support or
justify the use of torture.
Section 627 addresses Department of Justice Working Capital
Fund balances.
Section 628 addresses the Asset Forfeiture Fund.
Section 629 addresses Department of Justice unobligated
balances.
Section 630 addresses the Drug Enforcement Administration's
diversion control program.
Section 631 prohibits the Federal Communications Commission
from changing rules governing the Universal Service Fund.
Section 632 concerns unobligated balances.
TITLE VII--PATENT AND TRADEMARK FEES
This title further addresses issues relevant to the
Committee recommendation.
TITLE VIII--KOBY MANDELL ACT OF 2003
This title authorizes the Department of Justice to
establish an office and program relating to American citizens
harmed by terrorism overseas.
TITLE IX--ANABOLIC STEROID CONTROL ACT OF 2004
This title addresses issues relating to the use of anabolic
steroids.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Rule XVI, paragraph 7 requires that every report on a
general appropriation bill filed by the Committee must identify
items of appropriation not made to carry out the provisions of
an existing law, a treaty stipulation, or an act or resolution
previously passed by the Senate during that session.
The following appropriations have not been authorized
either in whole or in part and fall under this rule:
Title II--Department of Commerce and related agencies:
Office of the U.S. Trade Representative, salaries and expenses;
International Trade Commission, salaries and expenses; Export
Administration, operations and administration; International
Trade Administration, operations and administration; economic
development assistance programs; Patent and Trademark Office;
National Institute of Standards and Technology [NIST],
scientific and technical research and services; NIST industrial
technology services; NIST construction of research facilities;
National Oceanic and Atmospheric Administration [NOAA]
operations, research, and facilities; NOAA construction; and
Minority Business Development Agency.
Title V--Related agencies: Department of Transportation;
Maritime Administration, operations and training; Commission on
Civil Rights; Federal Communications Commission (except
offsetting fee collections); Legal Services Corporation; and
Securities and Exchange Commission.
COMPLIANCE WITH PARAGRAPH 7(C), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on September 15,
2004, the Committee ordered reported en bloc S. 2809, an
original bill making appropriations for Departments of
Commerce, Justice, and State, the Judiciary, and related
agencies for the fiscal year ending September 30, 2005, an
original bill making appropriations for the Foreign Operations,
Export Financing, and related programs for the fiscal year
ending September 30, 2005; and S. 2810, an original bill making
appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal
year ending September 30, 2005, each subject to amendment and
each subject to the budget allocations, by a recorded vote of
29-0, a quorum being present. The vote was as follows:
Yeas Nays
Chairman Stevens
Mr. Cochran
Mr. Specter
Mr. Domenici
Mr. Bond
Mr. McConnell
Mr. Burns
Mr. Shelby
Mr. Gregg
Mr. Bennett
Mr. Campbell
Mr. Craig
Mrs. Hutchison
Mr. DeWine
Mr. Brownback
Mr. Byrd
Mr. Inouye
Mr. Hollings
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Reid
Mr. Kohl
Mrs. Murray
Mr. Dorgan
Mrs. Feinstein
Mr. Durbin
Mr. Johnson
Ms. Landrieu
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of the rule XXVI requires that Committee
reports on a bill or joint resolution repealing or amending any
statute or part of any statute include ``(a) the text of the
statute or part thereof which is proposed to be repealed; and
(b) a comparative print of that part of the bill or joint
resolution making the amendment and of the statute or part
thereof proposed to be amended, showing by stricken-through
type and italics, parallel columns, or other appropriate
typographical devices the omissions and insertions which would
be made by the bill or joint resolution if enacted in the form
recommended by the committee.''
In compliance with this rule, the following changes in
existing law proposed to be made by this bill are shown as
follows: existing law to be omitted is enclosed in black
brackets; new matter is printed in italic; and existing law in
which no change is proposed is shown in roman.
With respect to this bill, it is the opinion of the
Committee that it is necessary to dispense with these
requirements in order to expedite the business of the Senate.
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2004 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2005
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation compared with (+
or ^)
Item 2004 Budget House allowance Committee ----------------------------------------------------
appropriation estimate deg. recommendation 2004 Budget House
appropriation estimate allowance
------------------------------------------------------------------------------------------------------------------------- -----------------------------------
TITLE I--DEPARTMENT OF JUSTICE
General Administration
Salaries and expenses............. 105,564 186,551 141,466 +35,902 -45,085
Intelligence policy and review ............... ................. ............... ............... ...............
Joint automated booking system.... 18,974 20,309 20,185 +1,211 -124
Automated Biometric Identification 5,046 5,054 5,054 +8 ...............
System-Integrated Identification
system integration...............
Legal activities office automation 26,749 80,510 70,502 +43,753 -10,008
Narrowband communications......... 102,085 101,971 68,021 -34,064 -33,950
Counterterrorism fund............. 989 ................. ............... -989 ...............
Administrative review and appeals. 191,494 202,518 205,411 +13,917 +2,893
Detention trustee................. 805,530 938,810 885,994 +80,464 -52,816
Violence against women office..... 383,551 362,477 410,000 +26,449 +47,523
Office of Inspector General....... 60,200 63,813 63,187 +2,987 -626
---------------------------------------------------------------------------------------------------------------------
Total, General 1,700,182 1,962,013 1,869,820 +169,638 -92,193
administration.............
=====================================================================================================================
United States Parole Commission
Salaries and expenses............. 10,498 10,650 10,638 +140 -12
Legal Activities
General legal activities:
Direct appropriation.......... 612,029 657,135 623,364 +11,335 -33,771
(Transfer out)............ ............... ................. (-106) (-106) (-106)
Radiation exposure 1,975 ................. ............... -1,975 ...............
compensation act.............
Emergency appropriations 15,000 ................. ............... -15,000 ...............
(Public Law 108-106).........
---------------------------------------------------------------------------------------------------------------------
Subtotal................ 629,004 657,135 623,364 -5,640 -33,771
Vaccine injury compensation trust 3,985 6,333 6,333 +2,348 ...............
fund (permanent).................
Antitrust Division................ 132,911 136,463 138,763 +5,852 +2,300
Offsetting fee collections-- -112,000 -101,000 -101,000 +11,000 ...............
current year.................
---------------------------------------------------------------------------------------------------------------------
Direct appropriation...... 20,911 35,463 37,763 +16,852 +2,300
United States Attorneys
Salaries and expenses............. 1,510,193 1,547,519 1,532,154 +21,961 -15,365
Interagency drug enforcement...... 550,609 ................. 295,409 -255,200 +295,409
---------------------------------------------------------------------------------------------------------------------
Subtotal, United States 2,060,802 1,547,519 1,827,563 -233,239 +280,044
Attorneys..................
United States Trustee System Fund. 166,157 174,355 174,355 +8,198 ...............
Offsetting fee collections.... -158,157 -169,355 -169,355 -11,198 ...............
Interest on U.S. securities... -8,000 -5,000 -5,000 +3,000 ...............
---------------------------------------------------------------------------------------------------------------------
Direct appropriation........ ............... ................. ............... ............... ...............
Foreign Claims Settlement 1,193 1,220 1,220 +27 ...............
Commission.......................
Fees and expenses of witnesses.... 156,145 177,585 177,585 +21,440 ...............
Community Relations Service....... 9,426 9,833 9,494 +68 -339
Assets forfeiture fund............ 21,530 21,759 21,759 +229 ...............
Payment to radiation exposure ............... 72,000 ............... ............... -72,000
compensation trust fund..........
---------------------------------------------------------------------------------------------------------------------
Total, Legal activities..... 2,902,996 2,528,847 2,705,081 -197,915 +176,234
=====================================================================================================================
United States Marshals Service
Salaries and expenses (non-CSE)... 712,203 742,070 744,725 +32,522 +2,655
Construction...................... 13,918 1,371 ............... -13,918 -1,371
---------------------------------------------------------------------------------------------------------------------
Total, United States 726,121 743,441 744,725 +18,604 +1,284
Marshals Service...........
Interagency Law Enforcement
Interagency crime and drug ............... 580,632 ............... ............... -580,632
enforcement......................
Federal Bureau of Investigation
Salaries and expenses............. 4,033,796 4,563,921 3,973,728 -60,068 -590,193
(Transfer out)................ ............... ................. (-2,863) (-2,863) (-2,863)
Counterintelligence and national 484,947 495,000 1,017,000 +532,053 +522,000
security.........................
---------------------------------------------------------------------------------------------------------------------
Direct appropriation........ 4,518,743 5,058,921 4,990,728 +471,985 -68,193
Foreign terrorist tracking task 60,949 56,349 120,819 +59,870 +64,470
force............................
Construction...................... 11,056 ................. ............... -11,056 ...............
---------------------------------------------------------------------------------------------------------------------
Total, Federal Bureau of 4,590,748 5,115,270 5,111,547 +520,799 -3,723
Investigation..............
=====================================================================================================================
Drug Enforcement Administration
Salaries and expenses............. 1,703,038 1,815,719 1,799,243 +96,205 -16,476
(Transfer out)................ ............... ................. (-10,153) (-10,153) (-10,153)
(By transfer)................. ............... ................. (1,500) (+1,500) (+1,500)
Diversion control fund........ -118,561 -154,216 -154,216 -35,655 ...............
---------------------------------------------------------------------------------------------------------------------
Subtotal.................... 1,584,477 1,661,503 1,645,027 +60,550 -16,476
---------------------------------------------------------------------------------------------------------------------
Total, Drug Enforcement 1,584,477 1,661,503 1,645,027 +60,550 -16,476
Administration.............
=====================================================================================================================
Bureau of Alcohol, Tobacco and 827,289 870,357 890,357 +63,068 +20,000
Firearms.........................
(Transfer out)................ ............... ................. (-106) (-106) (-106)
Rescission.................... ............... -1,500 ............... ............... +1,500
---------------------------------------------------------------------------------------------------------------------
Total, Bureau of Alcohol, 827,289 868,857 890,357 +63,068 +21,500
Tobacco and Firearms.......
=====================================================================================================================
Federal Prison System
Salaries and expenses............. 4,414,313 4,706,232 4,627,696 +213,383 -78,536
Buildings and facilities.......... 393,515 ................. 189,000 -204,515 +189,000
Federal Prison Industries, 3,393 3,429 3,393 ............... -36
Incorporated (limitation on
administrative expenses).........
---------------------------------------------------------------------------------------------------------------------
Total, Federal Prison System 4,811,221 4,709,661 4,820,089 +8,868 +110,428
=====================================================================================================================
Office of Justice Programs
Justice assistance................ 188,124 1,710,664 210,875 +22,751 -1,499,789
(By transfer)................. (6,632) ................. (6,632) ............... (+6,632)
Rescission.................... ............... -53,471 ............... ............... +53,471
---------------------------------------------------------------------------------------------------------------------
Total, Office of Justice 188,124 1,657,193 210,875 +22,751 -1,446,318
Programs...................
=====================================================================================================================
State and local law enforcement
assistance:
Local law enforcement block 222,633 ................. 150,000 -72,633 +150,000
grant........................
Boys and Girls clubs (79,628) ................. (85,000) (+5,372) (+85,000)
(earmark)................
National Institute of (9,953) ................. (10,000) (+47) (+10,000)
Justice (earmark)........
USA FREEDOM corps (2,967) ................. ............... (-2,967) ...............
(earmark)................
Justice assistance grants..... ............... ................. ............... ............... ...............
USA FREEDOM corps ............... ................. ............... ............... ...............
(earmark)................
Indian assistance............. 14,842 ................. 18,000 +3,158 +18,000
Tribal prison construction (1,991) ................. (1,991) ............... (+1,991)
Indian tribal courts (7,963) ................. (7,963) ............... (+7,963)
program..................
Indian grants............. (4,977) ................. (4,977) ............... (+4,977)
State criminal alien 296,843 ................. 250,000 -46,843 +250,000
assistance program...........
Southwest border prosecutors.. (29,684) ................. (30,000) (+316) (+30,000)
Cooperative agreement program. 1,979 ................. ............... -1,979 ...............
Byrne grants (formula)........ 494,739 ................. 500,000 +5,261 +500,000
Byrne grants (discretionary).. 157,443 ................. 117,969 -39,474 +117,969
Miscellaneous 49,705 ................. ............... -49,705 ...............
appropriations (Public
Law 108-199).............
Drug courts................... 38,095 ................. 40,000 +1,905 +40,000
Other crime control programs.. 3,851 ................. 5,950 +2,099 +5,950
Assistance for victims of 9,894 ................. ............... -9,894 ...............
trafficking..................
Prescription drug monitoring.. 6,926 ................. ............... -6,926 ...............
Prison rape prevention........ 36,784 ................. ............... -36,784 ...............
State and local anti terrorism ............... ................. 11,000 +11,000 +11,000
training.....................
State prison drug treatment... ............... ................. 25,000 +25,000 +25,000
Miscellaneous appropriations 2,237 ................. ............... -2,237 ...............
(Public Law 108-199).........
---------------------------------------------------------------------------------------------------------------------
Total, State and local 1,335,971 ................. 1,117,919 -218,052 +1,117,919
law enforcement........
Weed and seed program fund........ 57,926 ................. 62,000 +4,074 +62,000
Community oriented policing
services:
COPS enhancement grants....... ............... ................. ............... ............... ...............
Hiring........................ 118,737 ................. 200,000 +81,263 +200,000
Training and technical ............... 17,625 ............... ............... -17,625
assistance...................
Bullet proof vests............ 24,737 ................. 25,000 +263 +25,000
Tribal law enforcement........ 24,737 20,000 20,000 -4,737 ...............
Meth hot spots................ 53,482 20,000 55,000 +1,518 +35,000
Police corps.................. 14,842 ................. 15,000 +158 +15,000
COPS technology............... 156,740 ................. 110,969 -45,771 +110,969
Interoperable communications.. 84,106 1,550 100,000 +15,894 +98,450
Criminal records upgrade...... 29,684 ................. ............... -29,684 ...............
DNA backlog/crime lab......... 98,948 ................. 100,000 +1,052 +100,000
Paul Coverdell forensics 9,894 ................. 20,000 +10,106 +20,000
science......................
Crime identification 23,971 ................. 35,000 +11,029 +35,000
technology...................
Gun violence reduction........ 29,684 ................. 15,000 -14,684 +15,000
Southwest border prosecuters.. ............... ................. ............... ............... ...............
Offender reentry.............. 4,948 ................. 5,000 +52 +5,000
Safe schools initiative....... 4,552 ................. 5,000 +448 +5,000
Police integrity grants....... 9,894 10,000 15,000 +5,106 +5,000
Management and administration. 29,684 27,914 35,000 +5,316 +7,086
Rescission.................... ............... -53,471 ............... ............... +53,471
---------------------------------------------------------------------------------------------------------------------
Total, Community oriented 718,640 43,618 755,969 +37,329 +712,351
policing services........
Juvenile justice programs......... 348,989 ................. 360,000 +11,011 +360,000
(Transfer out)................ (-6,632) ................. (-6,632) ............... (-6,632)
Public safety officers benefits:
Death benefits................ 49,054 63,054 63,054 +14,000 ...............
Disability and education 2,968 ................. 6,410 +3,442 +6,410
benefits.....................
---------------------------------------------------------------------------------------------------------------------
Total, Public safety 52,022 63,054 69,464 +17,442 +6,410
officers benefits program..
---------------------------------------------------------------------------------------------------------------------
Total, Office of Justice 2,701,672 1,763,865 2,576,227 -125,445 +812,362
Programs...................
=====================================================================================================================
United States Attorneys (sec. 111) 14,842 ................. ............... -14,842 ...............
United States Attorneys (Sec. 107) ............... ................. 15,000 +15,000 +15,000
Local law enforcement block grant 544 ................. 544 ............... +544
(sec. 113).......................
Rescission (sec. 114)............. -100,000 ................. ............... +100,000 ...............
=====================================================================================================================
Total, title I, Department 19,770,590 19,944,739 20,389,055 +618,465 +444,316
of Justice.................
Appropriations.......... (19,855,590) (20,053,181) (20,389,055) (+533,465) (+335,874)
Emergency appropriations (15,000) ................. ............... (-15,000) ...............
Rescission.............. (-100,000) (-108,442) ............... (+100,000) (+108,442)
(Transfer out).......... (-6,632) ................. (-19,860) (-13,228) (-19,860)
(By transfer)........... (6,632) ................. (8,132) (+1,500) (+8,132)
=====================================================================================================================
TITLE II--DEPARTMENT OF COMMERCE
AND RELATED AGENCIES
TRADE AND INFRASTRUCTURE
DEVELOPMENT
RELATED AGENCIES
Office of the United States Trade
Representative
Salaries and expenses............. 41,552 39,552 41,552 ............... +2,000
(By transfer)................. ............... ................. (5,000) (+5,000) (+5,000)
National Intellectual Property Law
Enforcement Coordinating Council
Salaries and expenses............. ............... ................. 20,000 +20,000 +20,000
(Transfer out)................ ............... ................. (-5,000) (-5,000) (-5,000)
(Transfer out)................ ............... ................. (-1,000) (-1,000) (-1,000)
International Trade Commission
Salaries and expenses............. 57,682 61,700 61,700 +4,018 ...............
---------------------------------------------------------------------------------------------------------------------
Total, Related agencies..... 99,234 101,252 123,252 +24,018 +22,000
=====================================================================================================================
DEPARTMENT OF COMMERCE
International Trade Administration
Operations and administration..... 391,102 401,513 401,513 +10,411 ...............
(Transfer out)................ ............... ................. (-4,539) (-4,539) (-4,539)
Offsetting fee collections.... -13,000 -8,000 -8,000 +5,000 ...............
---------------------------------------------------------------------------------------------------------------------
Direct appropriation........ 378,102 393,513 393,513 +15,411 ...............
Bureau of Industry and Security
Operations and administration..... 60,358 76,516 70,872 +10,514 -5,644
CWC enforcement............... 7,128 ................. ............... -7,128 ...............
---------------------------------------------------------------------------------------------------------------------
Total, Bureau of Industry 67,486 76,516 70,872 +3,386 -5,644
and Security...............
Economic Development
Administration
Economic development assistance 285,083 289,762 285,083 ............... -4,679
programs.........................
Salaries and expenses............. 30,244 30,565 30,400 +156 -165
---------------------------------------------------------------------------------------------------------------------
Total, Economic Development 315,327 320,327 315,483 +156 -4,844
Administration.............
Minority Business Development
Agency
Minority business development..... 28,556 34,461 31,555 +2,999 -2,906
---------------------------------------------------------------------------------------------------------------------
Total, Trade and 888,705 926,069 934,675 +45,970 +8,606
Infrastructure Development.
=====================================================================================================================
ECONOMIC AND INFORMATION
INFRASTRUCTURE
Economic and Statistical Analysis
Salaries and expenses............. 74,211 88,400 81,764 +7,553 -6,636
Bureau of the Census
Salaries and expenses............. 192,761 220,425 174,304 -18,457 -46,121
Periodic censuses and programs.... 431,464 608,171 431,464 ............... -176,707
---------------------------------------------------------------------------------------------------------------------
Total, Bureau of the Census. 624,225 828,596 605,768 -18,457 -222,828
National Telecommunications and
Information Administration
Salaries and expenses............. 14,450 22,101 21,583 +7,133 -518
Public telecommunications 21,769 2,538 21,769 ............... +19,231
facilities, planning and
construction.....................
Information infrastructure grants. 14,842 ................. 14,842 ............... +14,842
---------------------------------------------------------------------------------------------------------------------
Total, National 51,061 24,639 58,194 +7,133 +33,555
Telecommunications and
Information Administration.
United States Patent and Trademark
Office
Current year fee funding.......... 1,222,460 1,314,653 1,336,000 +113,540 +21,347
Spending from new fees (proposed ............... 208,754 208,754 +208,754 ...............
legislation).....................
---------------------------------------------------------------------------------------------------------------------
Total, Patent and Trademark 1,222,460 1,523,407 1,544,754 +322,294 +21,347
Office.....................
Offsetting fee collections.. -1,222,460 -1,314,653 -1,336,000 -113,540 -21,347
=====================================================================================================================
Total, Economic and 749,497 1,150,389 954,480 +204,983 -195,909
Information Infrastructure.
=====================================================================================================================
SCIENCE AND TECHNOLOGY
Technology Administration
Office of Technology Policy
Salaries and expenses............. 6,343 8,294 6,407 +64 -1,887
National Institute of Standards
and Technology
Scientific and technical research 340,743 413,886 383,892 +43,149 -29,994
and services.....................
(Transfer out)................ ............... ................. (-14,800) (-14,800) (-14,800)
Industrial technology services.... 216,480 39,190 315,000 +98,520 +275,810
Construction of research 64,271 59,411 86,071 +21,800 +26,660
facilities.......................
Working capital fund.............. ............... 8,982 ............... ............... -8,982
(By transfer)................. ............... ................. (14,800) (+14,800) (+14,800)
---------------------------------------------------------------------------------------------------------------------
Total, National Institute of 621,494 521,469 784,963 +163,469 +263,494
Standards and Technology...
National Oceanic and Atmospheric
Administration
Operations, research, facilities, 2,658,251 2,377,841 4,049,646 +1,391,395 +1,671,805
and systems acquisition..........
(By transfer from Promote and (62,000) (79,000) (57,000) (-5,000) (-22,000)
Develop Fund)................
By transfer from Coastal zone ............... 3,000 3,000 +3,000 ...............
management...................
Deobligations returned........ -15,000 ................. ............... +15,000 ...............
---------------------------------------------------------------------------------------------------------------------
Total, Operations, research, 2,643,251 2,380,841 4,052,646 +1,409,395 +1,671,805
facilities and systems
acquisition................
Procurement, acquisition and 979,708 898,510 ............... -979,708 -898,510
construction.....................
Pacific coastal salmon recovery... 89,052 100,000 99,000 +9,948 -1,000
Coastal zone management fund...... -3,000 -3,000 -3,000 ............... ...............
Fishermen's contingency fund...... ............... 956 956 +956 ...............
Foreign fishing observer fund..... ............... 191 191 +191 ...............
Fisheries finance program account. -8,000 -4,000 -8,000 ............... -4,000
---------------------------------------------------------------------------------------------------------------------
Total, National Oceanic and 3,701,011 3,373,498 4,141,793 +440,782 +768,295
Atmospheric Administration.
=====================================================================================================================
Total, Science and 4,328,848 3,903,261 4,933,163 +604,315 +1,029,902
Technology.................
=====================================================================================================================
Departmental Management
Salaries and expenses............. 46,791 56,021 55,550 +8,759 -471
Travel and tourism................ ............... ................. 20,000 +20,000 +20,000
Office of Inspector General....... 20,894 22,249 21,071 +177 -1,178
---------------------------------------------------------------------------------------------------------------------
Total, Departmental 67,685 78,270 96,621 +28,936 +18,351
management.................
EDA conveyance (sec. 209)......... 989 ................. ............... -989 ...............
Extension of steel loan guarantees ............... ................. ............... ............... ...............
(Sec. 211).......................
Procurement, acquisition and 6,065 ................. ............... -6,065 ...............
construction (sec. 212)..........
Lobster (sec. 213)................ 495 ................. ............... -495 ...............
Non-pollock west coast groundfish 495 ................. ............... -495 ...............
(sec. 214).......................
Alaska Purse Seine (Sec. 209)..... ............... ................. 200 +200 +200
---------------------------------------------------------------------------------------------------------------------
Total, Department of 5,943,545 5,956,737 6,795,887 +852,342 +839,150
Commerce...................
=====================================================================================================================
Rescission (sec. 215)............. -100,000 ................. ............... +100,000 ...............
=====================================================================================================================
Total, title II, Department 5,942,779 6,057,989 6,919,139 +976,360 +861,150
of Commerce and related
agencies...................
Appropriations.......... (6,042,779) (6,057,989) (6,919,139) (+876,360) (+861,150)
Rescission.............. (-100,000) ................. ............... (+100,000) ...............
(By transfer)........... (62,000) (79,000) (76,800) (+14,800) (-2,200)
(Transfer out).......... ............... ................. (-25,339) (-25,339) (-25,339)
=====================================================================================================================
TITLE III--THE JUDICIARY
Supreme Court of the United States
Salaries and expenses:
Salaries of justices.......... 1,896 1,985 1,985 +89 ...............
Other salaries and expenses... 52,901 56,137 56,137 +3,236 ...............
---------------------------------------------------------------------------------------------------------------------
Total, Salaries and expenses 54,797 58,122 58,122 +3,325 ...............
Care of the building and grounds.. 10,480 10,579 10,579 +99 ...............
Miscellaneous appropriations 15,906 ................. ............... -15,906 ...............
(Public Law 108-199).........
---------------------------------------------------------------------------------------------------------------------
Total, Supreme Court of the 81,183 68,701 68,701 -12,482 ...............
United States..............
United States Court of Appeals for
the Federal Circuit
Salaries and expenses:
Salaries of judges............ 2,237 2,257 2,257 +20 ...............
Other salaries and expenses... 18,231 22,750 18,367 +136 -4,383
---------------------------------------------------------------------------------------------------------------------
Total, Salaries and expenses 20,468 25,007 20,624 +156 -4,383
United States Court of
International Trade
Salaries and expenses:
Salaries of judges............ 1,721 1,757 1,757 +36 ...............
Other salaries and expenses... 12,217 13,316 12,303 +86 -1,013
---------------------------------------------------------------------------------------------------------------------
Total, Salaries and expenses 13,938 15,073 14,060 +122 -1,013
Courts of Appeals, District
Courts, and Other Judicial
Services
Salaries and expenses:
Salaries of judges and 274,504 289,877 289,877 +15,373 ...............
bankruptcy judges............
Other salaries and expenses... 3,680,532 4,030,367 3,841,610 +161,078 -188,757
---------------------------------------------------------------------------------------------------------------------
Direct appropriation........ 3,955,036 4,320,244 4,131,487 +176,451 -188,757
Vaccine Injury Compensation Trust 3,159 3,471 3,159 ............... -312
Fund.............................
Defender services................. 598,116 681,612 648,116 +50,000 -33,496
Fees of jurors and commissioners.. 57,213 62,800 62,800 +5,587 ...............
Court security.................... 274,580 383,282 274,653 +73 -108,629
---------------------------------------------------------------------------------------------------------------------
Total, Courts of Appeals, 4,888,104 5,451,409 5,120,215 +232,111 -331,194
District Courts, and Other
Judicial Services..........
Administrative Office of the
United States Courts
Salaries and expenses............. 65,305 72,154 67,249 +1,944 -4,905
Federal Judicial Center
Salaries and expenses............. 21,214 22,126 21,670 +456 -456
Judicial Retirement Funds
Payment to Judiciary Trust Funds.. 29,000 36,700 36,700 +7,700 ...............
United States Sentencing
Commission
Salaries and expenses............. 12,224 13,456 12,404 +180 -1,052
=====================================================================================================================
Total, title III, the 5,131,436 5,704,626 5,361,623 +230,187 -343,003
Judiciary..................
Appropriations.......... 5,131,436 5,704,626 5,361,623 +230,187 -343,003
Contingent emergency ............... ................. ............... ............... ...............
appropriations.........
=====================================================================================================================
TITLE IV--DEPARTMENT OF STATE AND
RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
Diplomatic and consular programs.. 3,384,013 3,626,343 3,493,053 +109,040 -133,290
(Transfer out)................ (-4,000) (-4,000) (-5,500) (-1,500) (-1,500)
(By transfer)................. ............... ................. (1,000) (+1,000) (+1,000)
Worldwide security upgrades... 639,896 658,701 658,702 +18,806 +1
Worldwide IT infrastructure... 39,579 ................. ............... -39,579 ...............
Emergency appropriations 120,500 ................. ............... -120,500 ...............
(Public Law 108-106).........
---------------------------------------------------------------------------------------------------------------------
Total, Diplomatic and 4,183,988 4,285,044 4,151,755 -32,233 -133,289
consular programs..........
Capital investment fund........... 79,158 155,100 52,149 -27,009 -102,951
Centralized IT modernization ............... ................. 102,951 +102,951 +102,951
program..........................
Office of Inspector General....... 31,370 30,435 31,435 +65 +1,000
Educational and cultural exchange 316,633 345,346 360,750 +44,117 +15,404
programs.........................
Representation allowances......... 8,905 8,640 8,640 -265 ...............
Protection of foreign missions and 9,894 9,600 5,000 -4,894 -4,600
officials........................
Embassy security, construction, 524,423 626,680 509,728 -14,695 -116,952
and maintenance..................
Worldwide security upgrades... 852,335 912,320 867,030 +14,695 -45,290
(By transfer)................. ............... ................. (17,767) (+17,767) (+17,767)
Emergency appropriations 43,900 ................. ............... -43,900 ...............
(Public Law 108-106).........
Emergencies in the diplomatic and 989 7,000 1 -988 -6,999
consular service.................
(By transfer)................. (4,000) (4,000) (4,000) ............... ...............
(Transfer out)................ (-1,000) (-1,000) (-1,000) ............... ...............
Emergency appropriations 115,500 ................. ............... -115,500 ...............
(Public Law 108-106).........
Repatriation Loans Program
Account:
Direct loans subsidy.......... 605 612 612 +7 ...............
Administrative expenses....... 600 607 607 +7 ...............
(By transfer)................. (1,000) (1,000) (1,000) ............... ...............
---------------------------------------------------------------------------------------------------------------------
Total, Repatriation loans 1,205 1,219 1,219 +14 ...............
program account............
Payment to the American Institute 18,585 19,482 19,482 +897 ...............
in Taiwan........................
Payment to the Foreign Service 134,979 132,600 132,600 -2,379 ...............
Retirement and Disability Fund...
---------------------------------------------------------------------------------------------------------------------
Total, Administration of 6,321,864 6,533,466 6,242,740 -79,124 -290,726
Foreign Affairs............
International Organizations
Contributions to international 999,830 1,194,210 1,020,830 +21,000 -173,380
organizations, current year
assessment.......................
Contributions for international 450,056 650,000 574,000 +123,944 -76,000
peacekeeping activities, current
year.............................
Emergency appropriations 245,000 ................. ............... -245,000 ...............
(Public Law 108-106).........
---------------------------------------------------------------------------------------------------------------------
Total, International 1,694,886 1,844,210 1,594,830 -100,056 -249,380
Organizations and
Conferences................
International Commissions
International Boundary and Water
Commission, United States and
Mexico:
Salaries and expenses......... 25,726 30,300 27,689 +1,963 -2,611
Construction.................. 3,513 8,545 6,146 +2,633 -2,399
American sections, international 8,849 10,756 10,546 +1,697 -210
commissions......................
International fisheries 19,097 20,800 21,982 +2,885 +1,182
commissions......................
---------------------------------------------------------------------------------------------------------------------
Total, International 57,185 70,401 66,363 +9,178 -4,038
commissions................
Other
Payment to the Asia Foundation.... 12,864 8,880 ............... -12,864 -8,880
International Center for Middle 6,926 ................. 7,000 +74 +7,000
Eastern-Western Dialogue.........
Eisenhower Exchange Fellowship 495 500 500 +5 ...............
program..........................
Israeli Arab scholarship program.. 371 375 375 +4 ...............
East-West Center.................. 17,692 13,709 19,500 +1,808 +5,791
National Endowment for Democracy.. 39,579 80,000 50,000 +10,421 -30,000
---------------------------------------------------------------------------------------------------------------------
Total, Department of State.. 8,151,862 8,551,541 7,981,308 -170,554 -570,233
=====================================================================================================================
RELATED AGENCY
Broadcasting Board of Governors
International Broadcasting 540,292 533,111 552,240 +11,948 +19,129
Operations.......................
Emergency appropriations 40,000 ................. ............... -40,000 ...............
(Public Law 108-106).........
Broadcasting to Cuba.............. ............... 27,629 ............... ............... -27,629
Broadcasting capital improvements. 11,275 8,560 8,560 -2,715 ...............
---------------------------------------------------------------------------------------------------------------------
Total, Broadcasting Board of 591,567 569,300 560,800 -30,767 -8,500
Governors..................
=====================================================================================================================
Total, title IV, Department 8,743,429 9,120,841 8,542,108 -201,321 -578,733
of State and Related Agency
Appropriations.......... (8,178,529) (9,120,841) (8,542,108) (+363,579) (-578,733)
Emergency appropriations (564,900) ................. ............... (-564,900) ...............
(Transfer out).......... (-5,000) (-5,000) (-6,500) (-1,500) (-1,500)
(By transfer)........... (5,000) (5,000) (23,767) (+18,767) (+18,767)
=====================================================================================================================
TITLE V--RELATED AGENCIES
Antitrust Modernization Commission
Salaries and expenses............. 1,187 1,200 ............... -1,187 -1,200
Commission on the Abraham Lincoln
Study Abroad Fellowship Program
Salaries and expenses (Public Law 497 ................. ............... -497 ...............
108-199).........................
Commission for the Preservation of
America's Heritage Abroad
Salaries and expenses............. 491 499 491 ............... -8
Commission on Civil Rights
Salaries and expenses............. 9,001 9,096 9,096 +95 ...............
Commission on International
Religious Freedom
Salaries and expenses............. 2,968 3,000 ............... -2,968 -3,000
Commission on Security and
Cooperation in Europe
Salaries and expenses............. 1,598 1,831 1,598 ............... -233
Congressional-Executive Commission
on the People's Republic of China
Salaries and expenses............. 1,781 1,900 1,781 ............... -119
Equal Employment Opportunity
Commission
Salaries and expenses............. 324,944 350,754 327,511 +2,567 -23,243
Federal Communications Commission
Salaries and expenses............. 273,947 292,958 282,346 +8,399 -10,612
Offsetting fee collections-- -272,958 -272,958 -281,346 -8,388 -8,388
current year.................
---------------------------------------------------------------------------------------------------------------------
Direct appropriation........ 989 20,000 1,000 +11 -19,000
Federal Trade Commission
Salaries and expenses............. 185,505 205,430 207,730 +22,225 +2,300
Offsetting fee collections-- -112,000 -101,000 -101,000 +11,000 ...............
current year.................
Offsetting fee collections, -23,100 -20,000 -20,000 +3,100 ...............
telephone database...........
---------------------------------------------------------------------------------------------------------------------
Direct appropriation........ 50,405 84,430 86,730 +36,325 +2,300
HELP Commission
Salaries and expenses............. 2,968 ................. ............... -2,968 ...............
Legal Services Corporation
Payment to the Legal Services 335,282 329,300 335,000 -282 +5,700
Corporation......................
Marine Mammal Commission
Salaries and expenses............. 1,836 1,890 1,890 +54 ...............
National Veterans Business
Development Corporation
National Veterans Business 1,979 2,000 2,000 +21 ...............
Development Corporation..........
Securities and Exchange Commission
Salaries and expenses............. 811,500 913,000 913,000 +101,500 ...............
Prior year unobligated balances... -120,000 -20,000 -20,000 +100,000 ...............
---------------------------------------------------------------------------------------------------------------------
Direct appropriation........ 691,500 893,000 893,000 +201,500 ...............
Small Business Administration
Salaries and expenses............. 322,322 326,259 357,684 +35,362 +31,425
Miscellaneous appropriations 497 ................. ............... -497 ...............
(Public Law 108-199).........
Office of Inspector General....... 12,864 14,500 13,014 +150 -1,486
Surety bond guarantees revolving ............... 11,400 11,400 +11,400 ...............
fund.............................
Business Loans Program Account:
Direct loans subsidy.......... 1,890 ................. ............... -1,890 ...............
Guaranteed loans subsidy...... 78,299 ................. 71,910 -6,389 +71,910
Administrative expenses....... 126,653 129,000 129,000 +2,347 ...............
---------------------------------------------------------------------------------------------------------------------
Total, Business loans 206,842 129,000 200,910 -5,932 +71,910
program account............
Disaster Loans Program Account:
Direct loans subsidy.......... 55,597 78,887 65,000 +9,403 -13,887
Administrative expenses....... 113,159 118,354 113,909 +750 -4,445
Gainsharing................... ............... ................. ............... ............... ...............
---------------------------------------------------------------------------------------------------------------------
Total, Disaster loans 168,756 197,241 178,909 +10,153 -18,332
program account............
---------------------------------------------------------------------------------------------------------------------
Total, Small Business 711,281 678,400 761,917 +50,636 +83,517
Administration.............
State Justice Institute
Salaries and expenses............. 2,227 ................. 3,000 +773 +3,000
United States-China Economic and
Security Review Commission
Salaries and expenses............. 1,979 2,000 2,300 +321 +300
United States Senate-China
Interparliamentary Group
Salaries and expenses............. ............... ................. 100 +100 +100
United States Institute of Peace
Operating expenses................ 17,099 22,099 ............... -17,099 -22,099
Emergency supplemental 10,000 ................. ............... -10,000 ...............
appropriations (Public Law
108-106).....................
---------------------------------------------------------------------------------------------------------------------
Total, United States 27,099 22,099 ............... -27,099 -22,099
Institute of Peace.........
=====================================================================================================================
Total, title V, Related 2,170,012 2,401,399 2,427,414 +257,402 +26,015
agencies...................
=====================================================================================================================
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
Working Capital fund (rescission). -67,326 ................. ............... +67,326 ...............
Counterterrorism fund (rescission) -40,000 ................. ............... +40,000 ...............
Legal Activities
Assets forfeiture fund -61,608 ................. ............... +61,608 ...............
(rescission).....................
Federal Prison System
Buildings and facilities -51,895 ................. ............... +51,895 ...............
(rescission).....................
Office of Justice Programs
State & local law enforcement -21,600 ................. ............... +21,600 ...............
assistance (rescission)..........
Community oriented policing -6,378 ................. ............... +6,378 ...............
services (rescission)............
Juvenile justice programs -15,900 ................. ............... +15,900 ...............
(rescission).....................
DEPARTMENT OF COMMERCE
National Oceanic and Atmostpheric
Administration
NERRS construction (rescission)... -2,500 ................. ............... +2,500 ...............
Departmental Management
Emergency steel guaranteed loan ............... -13,000 ............... ............... +13,000
program account (rescission).....
Travel and tourism (rescission)... -40,000 ................. ............... +40,000 ...............
Department of Justice:
Working capital fund ............... ................. -44,000 -44,000 -44,000
(rescission) (Sec. 627)......
Asset forfeiture fund ............... ................. -30,000 -30,000 -30,000
(rescission) (Sec. 628)......
Unobligated balances ............... ................. -98,125 -98,125 -98,125
(rescission) (Sec. 629)......
=====================================================================================================================
Total, title VII, -307,207 -13,000 -172,125 +135,082 -159,125
Rescissions................
=====================================================================================================================
Grand total:
New budget 41,451,039 43,216,594 43,467,214 +2,016,175 +250,620
(obligational)
authority..............
Appropriations...... (41,368,346) (43,338,036) (43,639,339) (+2,270,993) (+301,303)
Emergency (589,900) ................. ............... (-589,900) ...............
appropriations.....
Contingent emergency ............... ................. ............... ............... ...............
appropriations.....
=====================================================================================================================
Rescissions......... (-507,207) (-121,442) (-172,125) (+335,082) (-50,683)
(Transfer out)...... (-11,632) (-5,000) (-51,699) (-40,067) (-46,699)
(By transfer)....... (73,632) (84,000) (108,699) (+35,067) (+24,699)
--------------------------------------------------------------------------------------------------------------------------------------------------------