21–674 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–118 

SCIENCE, STATE, JUSTICE, COMMERCE, AND RELATED 

AGENCIES APPROPRIATIONS BILL, FISCAL YEAR 2006 

JUNE 10, 2005.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. WOLF, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 2862] 

The Committee on Appropriations submits the following report in 

explanation of the accompanying bill making appropriations for 

Science, the Departments of State, Justice and Commerce, and related agencies for the fiscal year ending September 30, 2006. 

INDEX TO BILL AND REPORT 

Page Number 

Bill Report 

Title I—Department of Justice ................................................................. 2 8 

Title II—Department of Commerce and Related Agencies ..................... 34 71 

Office of the United States Trade Representative ........................... 34 71 

International Trade Commission ....................................................... 35 73 

Department of Commerce ................................................................... 35 74 

Title III—Science ........................................................................................ 52 101 

Office of Science and Technology Policy ............................................ 52 101 

National Aeronautics and Space Administration ............................. 53 102 

National Science Foundation ............................................................. 57 110 

Title IV—Department of State and Related Agency ............................... 60 114 

Department of State ........................................................................... 60 114 

Broadcasting Board of Governors ...................................................... 71 139 

Title V—Related Agencies ......................................................................... 76 144 

Antitrust Modernization Commission ............................................... 76 144 

Commission for the Preservation of America’s Heritage Abroad .... 76 144 

Commission on Civil Rights ............................................................... 76 144 

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Page Number 

Bill Report 

Commission on International Religious Freedom ............................ 77 145 

Commission on Security and Cooperation in Europe ....................... 77 146 

Congressional-Executive Commission on the People’s Republic of 

China ................................................................................................ 77 146 

Equal Employment Opportunity Commission .................................. 78 146 

Federal Communications Commission .............................................. 79 147 

Federal Trade Commission ................................................................ 80 148 

HELP Commission .............................................................................. 81 149 

Legal Services Corporation ................................................................ 81 149 

Marine Mammal Commission ............................................................ 82 149 

Securities and Exchange Commission ............................................... 82 149 

Small Business Administration ......................................................... 84 150 

State Justice Institute ........................................................................ 88 154 

United States-China Economic and Security Review Commission 88 154 

United States Institute of Peace ........................................................ 88 155 

Title VI—General Provisions .................................................................... 88 155 

Title VII—Rescissions ................................................................................ 107 158 

SUMMARY OF ESTIMATES AND RECOMMENDATIONS

The Committee recommends a total of $57,453,000,000 in discretionary budget authority for the departments and agencies funded 

in this bill. The recommendation is $3,043,383,000 below the request and $1,211,118,000 above the amount enacted for the current 

fiscal year. The Committee also recommends $360,700,000 for mandatory programs funded within this bill. 

The following table provides a comparison of the new budget authority and outlays recommended in the accompanying bill with the 

amounts appropriated for fiscal year 2005, and the budget request 

for fiscal year 2006. 

[In millions of dollars] 

FY 2005 enacted including 

supplementals 

FY 2006 request FY 2006 

recommended 

FY 2006 recommendation compared with 

FY 2005 enacted FY 2006 request 

Discretionary ............................ 56,242 60,496 57,453 +1,211 ¥3,043 

Mandatory ................................ 370 361 361 ¥9 ..........................

Total ............................... 56,612 60,857 57,814 +1,202 ¥3,043 

HIGHLIGHTS OF THE BILL 

Major initiatives and highlights contained in the recommendation follow: 

TITLE I.—DEPARTMENT OF JUSTICE 

[In millions of dollars] 

FY 2005 enacted 

including 

supplementals 

FY 2006 request FY 2006 

recommended 

FY 2006 recommendation compared 

with 

FY 2005 enacted FY 2006 request 

Discretionary ............................ 20,658 20,336 21,448 +790 +1,112 

—$21.4 billion in discretionary funding for the Department of 

Justice, $790 million above the fiscal year 2005 level and $1.1 billion above the President’s request; 

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—$542 million increase for the Federal Bureau of Investigation 

to enhance their intelligence, counterterrorism, cybercrime, and 

counterintelligence, while maintaining their ability to fight traditional crimes; 

—$67 million increase for the Drug Enforcement Administration 

to enhance Federal law enforcement’s ability to fight drug crime; 

—$2.6 billion to assist State and local law enforcement to fight 

crime, which is $1 billion above the request including: the Edward 

Byrne Memorial Justice Assistance Grants program ($348 million), 

the State Criminal Alien Assistance Program ($355 million), juvenile justice and accountability programs ($334 million), law enforcement technologies and interoperable communications ($120 

million), the DNA backlog elimination program ($177 million), and 

violence against women prevention and prosecution programs ($387 

million); 

—$41 million increase for the United States Marshals Service to 

ensure that the Federal judiciary operates safely and efficiently; 

and 

—$41 million increase for the Bureau of Alcohol, Tobacco, Firearms and Explosives to enforce our Nation’s gun and explosives 

laws. 

TITLE II.—DEPARTMENT OF COMMERCE AND RELATED AGENCIES 

[In millions of dollars] 

FY 2005 enacted 

including 

supplementals 

FY 2006 

requested 

FY 2006 

recommended 

FY 2006 recommendation compared 

with 

FY 2005 enacted FY 2006 request 

Discretionary ............................ 6,657 9,557 5,826 ¥831 ¥3,731 

—$1.7 billion for the Patent and Trademark Office; 

—$501 million for the international trade agencies; 

—$3.43 billion for the National Oceanic and Atmospheric Administration, including $856 million for the National Weather Service; 

—$549 million for the National Institute of Standards and Technology, including $106 million for Manufacturing Extension Partnerships; and 

—Does not include $3.71 billion requested for the ‘‘Strengthening 

America’s Communities’’ initiative. 

TITLE III.—SCIENCE 

[In millions of dollars] 

FY 2005 enacted including 

supplementals 

FY 2006 requested FY 2006 

recommended 

FY 2006 recommendation compared with 

FY 2005 enacted FY 2006 request 

Discretionary ............................ 21,676 22,067 22,120 +444 +53 

—$16.47 billion for the National Aeronautics and Space Administration; and 

—$5.64 billion for the National Science Foundation. 

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TITLE IV.—DEPARTMENT OF STATE AND RELATED AGENCY 

[In millions of dollars] 

FY 2005 enacted 

including 

supplementals 

FY 2006 requested FY 2006 

recommended 

FY 2006 recommendation compared 

with 

FY 2005 enacted FY 2006 request 

Discretionary ............................ 10,648 9,804 9,531 ¥1,117 ¥273 

—A 6.3 percent increase over fiscal year 2005 for the basic operations of the Department, excluding supplemental appropriations; 

—100 new positions to respond to high priority diplomatic requirements, including 33 positions for the Office of the Coordinator 

for Reconstruction and Stabilization; 47 positions for critical staffing needs, including non-proliferation of weapons of mass destruction, and combating terrorist financing; and 20 positions for critical 

needs language training, including Arabic, Chinese (Cantonese and 

Mandarin), Dari, Pashto, Korean, and Farsi. 

—A total of $340 million specifically for public diplomacy programs to counter Anti-American sentiments around the world, and 

a total of $410 million to enhance efforts to engage foreign audiences through educational and cultural exchanges, especially with 

the Arab and Muslim world. 

—$1.599 billion for embassy security programs, an increase of 

$49.67 million over fiscal year 2005, including 55 new diplomatic 

security personnel. In addition, a total of $596.7 million is provided 

for an overseas capital security cost sharing program, including 

$393.6 million from the State Department, which will result in acceleration of the program to construct secure replacement facilities 

for American personnel serving overseas; 

—$1.166 billion for assessments for U.S. membership in the 

United Nations and other international organizations; 

—$1.036 billion for contributions for international peacekeeping 

activities, the full amount requested; and 

—$630.9 million for international broadcasting, including increases for radio and television broadcasting to the Middle East. 

TITLE V.—RELATED AGENCIES 

[In millions of dollars] 

FY 2005 enacted 

including 

supplementals 

FY 2006 requested FY 2006 

recommended 

FY 2006 recommendation compared 

with 

FY 2005 enacted FY 2006 request 

Discretionary ............................ 3,246 2,229 2,237 ¥1,009 +8 

—$211 million for the Federal Trade Commission including full 

funding for the National Do-Not-Call program; 

—$888 million in total budget authority for the Securities and 

Exchange Commission to protect investors and combat corporate 

fraud; and 

—$590 million in total budget authority for the Small Business 

Administration, including $88 million for the Small Business Development Centers to conduct outreach to the Nation’s small businesses and a record $16.5 billion 7(a) business loan program, as requested, to help small businesses access capital. 

5 

RIGHT-SIZING THE UNITED STATES GOVERNMENT OVERSEAS

PRESENCE

The Committee strongly supports interagency efforts to right-size 

the overseas presence of the United States Government. The Committee understands the definition of right-sizing to be the systematic and thorough review of all overseas missions and staffing levels and the reallocation of resources to achieve a leaner, streamlined, more agile, and more secure U.S. Government presence 

abroad. The Committee expects agencies funded in this bill to cooperate fully with all interagency efforts to achieve effective rightsizing. 

The 1998 terrorist attacks on two U.S. Embassies in Africa highlighted security deficiencies in diplomatic facilities. The bombings 

in Saudi Arabia, the assassination of a USAID employee in Jordan, 

and the closure of the U.S. Embassy in Kenya underscore continued threats against U.S. personnel overseas. The attacks on the 

American Embassies in Africa prompted the creation of the Overseas Presence Advisory Panel, which proposed significant recommendations regarding right-sizing that have subsequently been 

embraced by this Committee, and included in the President’s Management Agenda. In addition, the General Accounting Office (GAO) 

has studied right-sizing the Nation’s overseas presence. The GAO 

reports found that U.S. agencies’ staffing projections for new embassy compounds are developed without a systematic approach or 

comprehensive right-sizing analysis. In response, the GAO developed a framework of questions designed to link staffing levels to 

three critical elements of overseas diplomatic operations: (1) physical/technical security of facilities and employees; (2) mission priorities and requirements; and (3) cost of operations. In light of continuing security vulnerability, the Committee intends to ensure 

that such a framework is established and followed. 

The Committee expects that the fiscal year 2007 budget request 

will continue to reflect the application of a right-sizing methodology. Increases or expansions should be justified in terms of mission priorities both within the agency, and within the specific diplomatic mission, and should be, to the maximum extent possible, accompanied by offsetting decreases to maximize the allocation of 

scarce resources to emerging priorities. A proper plan should include a systematic analysis to bring about a reconfiguration of 

overseas staffing to the minimum level necessary to meet critical 

U.S. foreign policy goals. The Committee expects to receive this additional analysis prior to the establishment or expansion of any activities beyond those currently approved. 

SCIENCE EDUCATION

America’s advantage in science, math and technology is slipping. 

Our systems of basic scientific research and education are in crisis, 

while other countries are redoubling their efforts. The United 

States can remain the world’s technological leader if it makes the 

commitment to do so. 

The funding recommendations in this bill address the urgent 

need to invest in scientific research and education to begin to reverse this trend. The bill includes $4.38 billion for National Science 

Foundation (NSF) research and related activities, an increase of 

6 

$44 million above the President’s request. This is the Nation’s largest resource pool for basic scientific research across all fields. The 

bill also includes: $807 million for NSF’s education programs, 

which is $70 million above the request; and $169 million for National Aeronautics and Space Administration education programs, 

which is $2 million above the request. The bill also includes $28.9 

million for a new consolidated education program for the National 

Oceanic and Atmospheric Administration. 

The Committee recommendation also encourages the National 

Science Board to establish a commission to present recommendations for broad Federal action to address the crisis in science and 

math education. The Committee also expects the Administration’s 

2007 budget request to include a significant investment to respond 

to this crisis. 

The Committee directs that under the auspices of the Office of 

Science and Technology Policy the science agencies receiving funding for education programs in this bill should develop a comprehensive coordinated plan to rationalize the various educational programs in these areas to maximize results and minimize duplication. This plan should be submitted to the Committee concurrently 

with the submission of the President’s 2007 budget request to the 

Congress. 

REPROGRAMMINGS, REORGANIZATIONS, AND RELOCATIONS

As in previous years, section 605 contains language concerning 

the reprogramming of funds between programs and activities. 

The Committee expects each department and agency to follow 

closely the reprogramming procedures listed below, which are similar to provisions that applied in statute during fiscal year 2005. 

These procedures apply to funds provided under this Act, or provided under previous Appropriations Acts that remain available for 

obligation or expenditure in fiscal year 2006, or provided from any 

accounts in the Treasury available to the agencies funded by this 

Act. 

The Committee expects that the Chairman of the Appropriations 

Subcommittee on Science, the Departments of State, Justice and 

Commerce, and Related Agencies will be notified by letter a minimum of 15 days prior to— 

(1) Reprogramming of funds, whether permanent or temporary, in excess of $500,000 or 10 percent, whichever is less, between programs or activities. This provision is also applicable in cases where 

several activities are involved with each receiving less than 

$500,000. In addition, the Committee is to be notified of reprogramming actions which are less than these amounts if such actions 

would have the effect of committing the agency to significant funding requirements in future years. 

(2) Increasing funds or personnel by any means for any project 

or activity for which funds have been denied or restricted. 

(3) Creating new programs, offices, agencies or commissions or 

substantially augmenting existing programs, offices, agencies or 

commissions. 

(4) Relocating offices or employees. 

(5) Reorganizing offices, programs, or activities. 

In addition, the Committee expects any department or agency 

funded in the accompanying bill that is planning to conduct a reVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
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duction-in-force to notify the Committee by letter 30 days in advance of the date of the proposed personnel action. 

The Committee also expects that any items that are subject to 

interpretation will be reported. 

The Committee is concerned that, in some instances, the departments or agencies funded within this Appropriations Act are not 

adhering to the Committee’s reprogramming policy and procedures 

that are set forth in this report and in section 605 of the accompanying bill. The Committee expects that each department and 

agency funded in the bill will follow these notification policies precisely and will not reallocate resources or reorganize activities prior 

to submitting the required notifications to the Committee. The 

Committee has provided each of the departments, NASA and the 

Small Business Administration, with transfer authority, which is 

the same as the transfer authority provided in the fiscal year 2005 

Appropriations Acts. The Committee believes such authority, together with the traditional reprogramming policy, gives each department or agency the needed flexibility to respond to unanticipated circumstances and requirements, which may arise throughout the fiscal year. 

RELATIONSHIP WITH BUDGET AND COMPTROLLER’S OFFICES

Through the years the Appropriations Committee has channeled 

most of its inquiries and requests for information and assistance 

through the budget offices or comptroller organizations of the various departments, agencies, and commissions. The Committee has 

often pointed out the natural affinity and relationship between 

these organizations and the Appropriations Committee that makes 

such a relationship imperative. The Committee reiterates its position that, while it reserves the right to call upon all organizations 

in the departments, agencies, and commissions for information and 

assistance, the primary contact between the Committee and these 

entities must be through the budget offices and comptroller organizations. 

The workload generated in the budget process is large and growing, and, therefore, a positive, responsive relationship between the 

Committee and the budget and/or comptroller offices is absolutely 

essential to the appropriations process to ensure that the information needs of the Committee are met in order to fulfill the Constitutional responsibilities of the Congress. 

FULL COMPLIANCE WITH THE TELEWORK DIRECTIVE

Advances in information and computer technology, the development of the Internet, and the growth of wireless and digital products have given some Federal employees the ability to telework, or 

work anytime from almost any place. Management considerations, 

such as productive and satisfied workers; environmental considerations, such as reduced traffic congestion and improved air quality; 

and quality of life considerations, such as accommodating the 

short- or long-term health needs of employees, require the establishment of telework programs. 

Policies on telework continue to evolve. Among the factors that 

contribute to successful programs are top management support and 

a clear telework agreement that includes expectations with measVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
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urable goals, accountability, and performance results. The Committee is committed to telework programs in the Federal government and is impressed by the efforts of some of the agencies under 

its jurisdiction. For example, nearly 2,000 employees at the U.S. 

Patent and Trademark Office now experience the benefits of telecommuting, representing about twenty-five percent of the workforce. However, full implementation of telecommuting policies remains to be achieved. 

The bill includes a provision requiring that the Departments of 

Commerce, Justice, and State, the Securities and Exchange Commission and the Small Business Administration certify that telecommuting opportunities have increased over the fiscal year 2005 

levels. Previous public laws have required the departments and 

agencies to each establish a policy under which eligible employees 

may participate in telecommuting to the maximum extent possible 

without diminished performance. Language is repeated from fiscal 

year 2005 requiring agencies to designate a Telework Coordinator. 

The bill also includes new language requiring the National Aeronautics and Space Administration and the National Science Foundation to certify that telecommuting opportunities are made available to 100 percent of the eligible workforce. 

BUDGET PRESENTATION

The Committee is supportive of budget and performance integration so that government programs can become more results-oriented. While the amount of performance data included in budget 

documents has increased, in many cases it has been at the expense 

of programmatic budget data and justifications that are critical to 

the work of the Committee. The Committee expects all Departments and agencies covered under this Act to consult with the 

Committee on this issue before submission of the fiscal year 2007 

Budget Request and justification materials. 

TITLE I—DEPARTMENT OF JUSTICE 

Despite severe funding limitations faced by the Committee in fiscal year 2006, the recommendation for the Department of Justice 

reflects the overriding priority of the Committee to ensure that 

Federal, State and local law enforcement entities have sufficient resources to address the threat of terrorism while continuing to perform traditional law enforcement activities to prevent and investigate crimes. The recommendation reflects the Committee’s commitment to combating terrorism, espionage, cybercrime, gang-related crime, illegal drugs, and corporate fraud. 

The Committee recommends $21,675,060,000 in new budget authority in the accompanying bill for the Department of Justice for 

fiscal year 2006. This amount is $781,226,000 above the current 

year and $1,112,275,000 above the budget request. Of the total 

amount provided, $21,448,060,000 is derived from general purpose 

discretionary funds and $227,000,000 is scored as mandatory 

spending. 

The recommendation continues the Committee’s commitment to 

fighting terrorism by including a $541,634,000 increase to the Federal Bureau of Investigation. In addition, the recommendation supports the requirements of the other Federal law enforcement agenVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
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cies in the Department of Justice by fully funding the requests for 

the United States Attorneys and the Federal Prison Systems, Salaries and Expenses account, and by providing $10,000,000 above the 

request for the United States Marshals Service to enhance its capability to protect the judicial process and $12,017,000 above the request for the Drug Enforcement Administration to combat drug 

trafficking. 

Finally, the recommendation continues the Committee’s commitment to supporting our nation’s police and sheriffs’ departments by 

providing an increase of $1,024,221,000 above the Administration’s 

request for State and local law enforcement grants. As Federal law 

enforcement agencies continue to divert resources away from traditional crime fighting to strengthen its counterterrorism capabilities, a void is left that only State and local law enforcement are positioned to fill. In this context, the Committee finds the Administration’s budget request, which proposes a $1,424,349,000, or 48 

percent, reduction in funding for State and local law enforcement 

assistance to be woefully inadequate. In order to address State and 

local law enforcement requirements, the Committee recommends a 

total of $2,592,976,000 in new budget authority for crime fighting 

grant programs for fiscal year 2006. 

The recommendation provides increases above the request for the Edward Byrne Justice Assistance Grants program (+$348,466,000), 

the State Criminal Alien Assistance Program (+$355,000,000), juvenile justice and accountability programs (+$101,488,000), meth 

hot spots (+$40,000,000), gang violence reduction (+$60,000,000) 

and law enforcement technologies and interoperability grants 

(+$120,000,000). 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends a total of $126,956,000 for General 

Administration for fiscal year 2006. This amount is $4,513,000 

above the level provided in the current year and $34,451,000 below 

the request. 

This account supports the development of policy objectives and 

the overall management of the Department of Justice. The recommendation fully funds the request for the Office of Intelligence 

Policy and Review, including a program increase of 40 additional 

positions and $8,289,000. The recommendation does not provide the 

requested enhancement for the unified financial management system. However, the Committee recognizes the Department’s need to 

modernize its financial management system and encourages the 

Department to use the Working Capital Fund to finance this requirement. 

Consistent with direction included in previous years, the recommendation includes necessary sums to continue efforts to replace 

locks used to store classified information. 

The Committee is concerned with excessive delay in the issuance 

of regulations governing the recognition of asylum claims from 

women fleeing honor killings, trafficking, sexual slavery and domestic violence. The lack of a resolution on this issue is causing 

hardship and suffering for women whose cases remain in legal 

limbo. The Committee expects the Departments of Justice and 

10 

Homeland Security to issue regulations to govern gender-based 

asylum claims. 

The Committee recognizes the important contribution the Drug 

Enforcement Administration (DEA) plays in disrupting and dismantling drug organizations and in protecting our national security. The Committee directs the Attorney General, in cooperation 

with the Director of National Intelligence, to submit a report, not 

later than 120 days after enactment of this Act, on the practicality 

of integrating the DEA, or a portion thereof, into the Intelligence 

Community. 

The Committee is extremely disappointed with the amount of 

time it takes the Department to respond to hearing questions submitted for the record by Members of the Subcommittee. Many of 

these questions are factual and responses should not require multiple layers of review or require weeks, and often months, to submit. The Committee is concerned that in practice, this has resulted 

in the needless withholding of budgetary and programmatic information that is necessary to the Committee’s work. The Committee 

believes that the open sharing of information results in a more effective relationship between the branches of government and improves the quality of legislation. 

The Committee encourages the Attorney General to ensure that 

every contract the Department enters into that contemplates the 

exchange of personal data between the contractor and the Department include a provision requiring that entity to have a security 

policy in place that contains procedures to promptly notify any individual whose personal information was, or is reasonably believed 

to have been, lost or acquired by an unauthorized person. Notification could either be delayed or shall not occur if it would impede 

a law enforcement investigation or cause damage to national security. The Committee is concerned about the security of personal 

data, as highlighted recently by several security breaches at large 

companies that resulted in the theft of personal data. 

Office of Privacy and Civil Liberties.—Since September 11, 2001, 

the Congress has provided both significant additional resources and 

broad legal authorities to the Justice Department to meet its 

counterterrorism responsibilities. In fiscal year 2004, the Committee directed the Department to designate a senior policy official 

to assume responsibility for developing appropriate civil rights 

safeguards, particularly as related to the war on terrorism, and for 

coordinating the work of all Department components involved in 

these efforts. For fiscal year 2005, Congress provided funding for 

2 additional professional staff positions for the Office and required 

a report to be submitted this January detailing the specific responsibilities and authorities of the Office, with annual activity reports 

due in the following years. The Committee is disappointed by the 

Department’s inability to complete the initial report and is concerned that this reflects poorly on the attitude of the Department 

toward the responsibilities of this Office. The Committee directs 

the Department of Justice to submit the initial report as soon as 

possible and to provide subsequent annual reports by January 30 

of each year. 

Gangs.—According to FBI Congressional testimony, ‘‘Gangs and 

other criminal enterprises, operating in the U.S. and throughout 

the world, pose increasing concerns for the international law enVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
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forcement and intelligence communities. Today, gangs are more 

violent, more organized, and more widespread than ever before. 

They pose one of the greatest threats to the safety and security of 

all Americans. The Department of Justice estimates there are approximately 30,000 gangs, with 800,000 members, impacting 2,500 

communities across the U.S. The innocent people in these communities face daily exposure to violence from criminal gangs trafficking in drugs and weapons and gangs fighting amongst themselves to control or extend their turf and their various criminal enterprises.’’ In fiscal year 2005, the Committee began to address this 

issue by establishing a National Gang Intelligence Center in the 

FBI, providing 24 additional Bureau of Alcohol, Tobacco, Firearms 

and Explosives (ATF) agents specifically for gang investigations, 

providing 25 additional Assistant U.S. Attorneys for gang investigations, and providing $25,000,000 under the Office of Justice 

Programs for gang resistance and education training for youth. 

The Committee is pleased and encouraged that the President and 

the First Lady made a commitment to address the gang problem. 

The Committee appreciates and supports the Attorney General’s efforts to strengthen Department-wide efforts to combat gang violence and reduce crime including: (1) establishing the Attorney 

General’s Anti-Gang Coordination Committee who will lead the Department’s anti-gang activities; (2) appointing of an Assistant U.S. 

Attorney in each judicial district to serve as an anti-gang coordinator to prepare comprehensive, district-wide strategies—in consultation with partners from Federal and local law enforcement, social services, and community and faith-based groups—to coordinate 

anti-gang activity across the board; and (3) developing a single, integrated, advanced level training regimen including enforcement 

and prevention activities. 

In addition to continuing funding for the program increases provided in fiscal year 2005, the recommendation provides the following new program increases: $9,700,000 for the FBI to establish 

20 additional Safe Streets Task Forces and for other operational 

needs; $23,068,000 for ATF Violent Crime Impact Teams; 

$3,000,000 for 32 additional United States Attorneys’ positions for 

additional gang prosecutions and to act as anti-gang strategy coordinators; $719,000 for additional ATF, United States Marshals 

Service, DEA and Bureau of Prisons intelligence analysts to work 

at the National Gang Intelligence Center; $1,000,000 for 8 additional Criminal Division positions to assist U.S. Attorneys’ Offices 

and coordinate investigations across judicial districts; and 

$60,000,000 for a new anti-gang State and local law enforcement 

grant program. 

The Committee directs the Department to submit a report on its 

efforts to share intelligence relating to large, violent gangs with 

State and local law enforcement officials. The report should address 

specific gangs, drug trafficking organizations, the regions in which 

they operate, and the Federal resources allocated to containing 

these gangs. 

The recommendation retains bill language proposed for deletion 

regarding the position and workyear limits for the Offices of Public 

Affairs and Legislative Affairs and Departmental Leadership. The 

recommendation also retains bill language making up to $3,317,000 

12 

available until expended for Departmental building, renovation, 

maintenance, and security needs. 

JUSTICE INFORMATION SHARING TECHNOLOGY

The recommendation provides $135,000,000 for this account, which is $46,490,000 below the request. This is a new account proposed in the budget request that consolidates funding for several 

information sharing activities into one account. This new account 

will fund the Joint Automated Booking System; the Justice Consolidated Office Network; the Law Enforcement Information Sharing Program including data base applications; Public Key Infrastructure and Secure Communications; Case Management Common 

Solutions for the litigating components; IDENT/IAFIS integration; 

and the management and administration costs of the Department’s 

Office of the Chief Information Officer (OCIO). If additional funding for this account is necessary, the Committee encourages the 

Department to reprogram funding from the Working Capital Fund 

subject to section 605 of this Act. The recommendation includes 

funding for the following initiatives: 

Joint Automated Booking System (JABS).—JABS enables Federal law enforcement components to electronically share criminal 

arrest data, which improves criminal identification response times 

and avoids duplication of booking data entry. 

Justice Consolidated Office Network (JCON).—JCON is the 

standard office automation system upon which 16 Department of 

Justice components operate their mission-critical applications 

which allows attorneys and law enforcement officials the immediate ability to exchange all electronic data with and between components on a common platform. 

Law Enforcement Information Sharing Program (LEISP).— 

LEISP will help to implement the information technology tools 

needed to facilitate timely, appropriate and secure sharing of information across Federal, State and local law enforcement. Through 

LEISP, the Department will develop a comprehensive information 

sharing program that can help identify emerging threats and patterns, find relationships among individual groups, and provide useful tactical and strategic information to criminal and 

counterterrorism investigators. This effort includes the creation of 

national and regional data exchange databases to facilitate the 

sharing of information. The Committee expects the Department to 

work cooperatively with State and local law enforcement on this 

initiative. 

Case Management Common Solutions for litigating components.—Currently, the Department’s litigating components’ case 

management systems are highly decentralized and information is 

stored in numerous disconnected systems. This project would consolidate the 94 U.S. Attorneys Offices and six headquarters litigating components into one web-based common case management 

system. 

Public Key Infrastructure (PKI) and Secure Communications.— PKI will provide the Department with enhanced information technology security services to allow classified information to be shared 

across the Department and with the Intelligence Community. The 

Committee expects the Department to allocate not less than 

$5,000,000 for this project. 

13 

Automated Biometric Identification System/Integrated Automated 

Fingerprint Identification System (IDENT/IAFIS).—This project 

was established to integrate the separate identification systems operated by the Department of Homeland Security (DHS) with the 

Federal Bureau of Investigation (FBI). The IDENT/IAFIS project 

was designed to support the apprehension and prosecution of criminal aliens and to provide State and local law enforcement personnel with direct access to DHS data through IAFIS. With realtime connection between the two systems, DHS would have the capability to determine whether an apprehended person is subject to 

a currently posted Want/Warrant or has a record in the FBI’s 

Criminal Master File. Collaterally, the integration of IDENT and 

IAFIS would enable cognizant law enforcement agencies to obtain 

all relevant immigration information as part of a criminal history 

response from a single FBI search. 

The Committee understands this program has achieved its first 

mandate to make FBI IAFIS records available to certain DHS components. The Committee understands that DHS is in the process 

of deploying this technology to additional locations. However, the 

Committee understands little progress has been made to make 

DHS records available to the FBI and State and local law enforcement. 

In a December 2004 report, the Department’s Inspector General 

concluded that the Departments of Justice, Homeland Security and 

State have not agreed on a uniform fingerprint technology standard 

nor on how to develop a fully interoperable system that provides 

law enforcement agencies with readily and easily available access 

to Homeland Security records. The report goes on to state that the 

Department of Justice cannot proceed with planning to make the 

FBI fingerprint database interoperable with Homeland Security or 

State until high-level policy decisions are made regarding who will 

be subject to fingerprint searches, the standard to be used, the 

databases to be used, and other issues. In testimony before the 

Committee, the Committee heard that the Department of Justice 

and the FBI are working within the Administration to resolve 

these issues. The Committee expects these issues to be resolved expeditiously. 

The Committee is disappointed that the report on the status of 

efforts to achieve real time interoperability between IDENT, IAFIS, 

and US–VISIT required by the fiscal year 2005 Appropriations Act 

has yet to be submitted. The Committee is concerned that the Administration is not taking this effort to improve information sharing seriously. 

Within the level of funding provided, the Committee directs that 

sufficient resources should be allocated to accelerate the integration of these systems. 

E–Government.—The Committee directs that the Department’s 

participation in government-wide e-government initiatives be managed by the OCIO. The bill includes a new section 110 requiring 

the Department to submit a reprogramming in accordance with 

section 605 of this Act before obligating funds for e-government initiatives. 

Federal Investigation Case Management System (FICMS).—The 

Committee understands that the Administration is working to create a common information technology case management architecVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
14 

ture to facilitate information sharing across all Federal law enforcement agencies. The Committee directs that the Department’s 

participation in this effort be managed by the OCIO. 

NARROWBAND COMMUNICATIONS/INTEGRATED WIRELESS NETWORK

The Committee recommends $110,000,000 for this account, which 

is $11,336,000 above the current year and $18,701,000 below the 

request. The purpose of this account is to fund the Department’s 

efforts to comply with the National Telecommunications and Information Administration narrowband mandates. This account funds 

component legacy network requirements, operations of the Wireless 

Management Office, the Integrated Wireless Network operations, 

and the acquisition of new equipment and services. If additional resources are required for this account, the Committee will consider 

a reprogramming of Working Capital Fund balances. 

ADMINISTRATIVE REVIEW AND APPEALS

The Committee recommends $215,685,000 for this account, which 

is $14,444,000 above the current year and $601,000 below the request. The Committee understands the Department has revised its 

space rental costs downward by $601,000. 

This appropriation supports the Executive Office of Immigration 

Review (EOIR), which includes the Board of Immigration Appeals, 

Immigration Judges, and Administrative Law Judges who decide 

through administrative hearings on the admission or exclusion of 

aliens seeking to enter the country, and the transportation and adjustment of status of aliens whose status has been challenged; and 

the Office of the Pardon Attorney, which receives, investigates and 

considers petitions for all forms of Executive clemency. 

The Committee encourages EOIR to share relevant case data 

with Federal Bureau of Investigation’s Directorate of Intelligence, 

the National Gang Intelligence Center, and the Drug Intelligence 

Fusion Center. 

The Committee understands that EOIR has issued interim procedural guidelines to all immigration judges for the adjudication of 

unaccompanied alien children’s cases before immigration judges. 

The Committee commends EOIR for this initiative. The Committee 

expects EOIR to continue to improve these guidelines as more experience is gained in applying these guidelines. In addition, the 

Committee continues to encourage EOIR to train judges and pro 

bono attorneys in this area. 

The Committee is aware that the Legal Orientation Program 

(LOP), which is funded by the Department of Homeland Security 

(DHS), has helped reduce the time some migrants spend in detention and helped make EOIR proceedings more efficient. The Committee urges EOIR to explore with DHS the possibility of expanding LOP to more detention facilities. 

DETENTION TRUSTEE

The Committee recommends $1,222,000,000 for the Federal Detention Trustee for fiscal year 2006, which is $163,840,000 above 

the amount provided in fiscal year 2005, including supplemental 

appropriations, and the same as the request. The recommendation 

includes increases for inflationary adjustments and for the anticiVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
15 

pated daily cost of an increase in the number of Federal detainees 

housed in Federal, State, local, and private detention facilities. 

The Committee encourages the Justice Department to continue 

to examine the entire Federal detention process from arrest to incarceration to find ways to operate within requested and appropriated funding levels. The Committee applauds the efforts of the 

Detention Trustee to develop a pilot project in the District of Arizona to identify systemic improvements to reduce the time from 

sentencing to commitment and hopes this program will be extended 

to all 94 judicial districts. 

Language is deleted, as requested, regarding a reporting requirement on the health and safety of Federal prisoners in non-Federal 

institutions. 

OFFICE OF INSPECTOR GENERAL

The Committee recommends $66,801,000 for the Office of Inspector General (OIG), which is $3,841,000 above the current year and 

$630,000 below the request. The Committee understands that the 

OIG’s latest space rental cost estimates have decreased by 

$630,000 since the budget request was submitted. The Office of Inspector General conducts and supervises audits and investigations 

relating to the programs and operations of the Department of Justice. The Inspector General keeps the Attorney General and the 

Congress informed about problems and deficiencies relating to the 

administration of such programs and activities. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

The Committee recommends $11,200,000 for the United States 

Parole Commission, which is $704,000 above the current year and 

$100,000 below the request. 

This Commission is an independent body within the Department 

of Justice that makes decisions regarding requests for parole and 

supervision of Federal and District of Columbia Code prisoners. 

The recommendation provides funding for five additional staff for 

the growing workload associated with the D.C. Code supervised release program. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

The Committee recommends a total of $665,821,000 for General 

Legal Activities, which is $40,099,000 above the current year and 

$13,840,000 below the request. 

This appropriation supports the Attorney General through the 

establishment of litigation policy, conduct of litigation, and various 

other legal responsibilities. The distribution of funding provided is 

as follows: 

16 

GENERAL LEGAL ACTIVITIES 

[In thousands of dollars] 

2006 

recommendation 

Solicitor General ............................................................................................................................................... $8,399 

Tax Division ...................................................................................................................................................... 81,548 

Criminal Division .............................................................................................................................................. 146,221 

Civil Division .................................................................................................................................................... 198,236 

Environment and Natural Resources ............................................................................................................... 93,563 

Office of Legal Counsel .................................................................................................................................... 5,973 

Civil Rights Division ......................................................................................................................................... 110,437 

Interpol–USNCB ................................................................................................................................................ 20,852 

Office of Dispute Resolution ............................................................................................................................ 592 

Total ......................................................................................................................................................... 665,821 

Criminal Division.—The recommendation fully funds the request 

for the Criminal Division including proposed increases for 

counterterrorsim, counterintelligence, and child exploitation. 

In addition, the recommendation includes an increase of 

$1,000,000 and 8 positions (7 attorneys) for gang investigations and 

prosecutions. These additional resources shall be applied to enhance the Department’s coordination of gang investigations across 

judicial districts and with international law enforcement partners, 

and to assist U.S. Attorneys offices that need additional resources 

and expertise to effectively prosecute complex gang cases. 

Civil Rights Division.—The recommendation provides $110,437,000 for the Civil Rights Division, which is $2,754,000 

above the current year and equal to the request. The recommendation fully funds the Civil Rights Division’s efforts to combat human 

trafficking and the Committee expects the Department to continue 

submitting yearly updates regarding efforts to address human trafficking. 

Civil Division.—The recommendation provides $198,236,000 for the Civil Division which is $12,003,000 above the current year and 

$7,049,000 below the request. The recommendation includes an increase of $5,795,000 and 58 positions (43 attorneys) for the Office 

of Immigration Litigation (OIL). As a result of the increased immigration efforts of the Department of Homeland Security, the number of immigration cases appealed to Federal court has more than 

tripled since 2001. 

The Committee recommends bill language carried in previous 

Appropriations Acts allowing the Attorney General to provide additional resources to the Civil Division, if emergent circumstances 

warrant, through transfers of funds from other Department of Justice sources, subject to the requirements of section 605 of this Act. 

The Committee expects the Justice Department to submit a reprogramming for costs associated with continuing tobacco and 

other litigation activities, should funding be warranted. 

The Committee recommends bill language, similar to that included in previous fiscal years, which: (1) allows up to $20,000 for 

expenses of collecting evidence; (2) makes up to $10,000,000 for litigation support contracts available until expended; (3) makes up to 

$1,000 available to the INTERPOL–USNCB for reception and representation expenses; and (4) allows the Attorney General to transfer funds to address emergent circumstances in the Civil Division. 

17 

THE NATIONAL CHILDHOOD VACCINE INJURY ACT

The Committee recommends $6,333,000 for the Vaccine Injury 

Compensation Trust Fund to cover the Department of Justice’s expenses associated with litigating cases under the National Childhood Vaccine Injury Act of 1986. This amount is $84,000 above the 

enacted level and the same as the request. 

SALARIES AND EXPENSES, ANTITRUST DIVISION

The Committee recommendation includes $144,451,000 in budget 

authority for the Antitrust Division, $6,192,000 above the current 

year and the same as the request. This appropriation is offset by 

$116,000,000 in pre-merger filing fee collections, resulting in a direct appropriation of $28,451,000. 

The Division acts on antitrust cases before the Supreme Court, 

represents the interests of the United States in cases brought 

under Federal antitrust laws, reviews decisions of regulatory commissions, and prepares and files amicus briefs. Appropriations for 

both the Division and the Federal Trade Commission are offset by 

Hart-Scott-Rodino Act pre-merger filing fee collections. 

The recommendation includes bill language for the Division, carried in previous years, that allows fees to be credited to this account and reduces appropriated funds as fees are collected. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The recommendation provides $1,626,146,000, for U.S. Attorneys, which is $99,297,000 above the enacted level and the same as the 

request. This appropriation supports the Executive Office of U.S. 

Attorneys and the 94 U.S. Attorney Offices, which serve as the 

principal litigators for the U.S. Government for criminal, civil, and 

debt collection matters. 

The recommendation includes the following program increases: $2,289,000 for 28 additional positions for counterterrorism investigations and prosecutions; $3,748,000 for 46 additional positions to 

increase criminal prosecutions along the border; $900,000 and 11 

positions for the computer crime, high tech and intellectual property program; and $3,000,000 and 32 additional positions for additional gang prosecutions. 

Gangs.—The recommendation annualizes the cost of the 32 additional positions provided in fiscal year 2005 to increase gang prosecutions. The Committee appreciates and supports the Attorney 

General’s efforts to strengthen Department-wide efforts to combat 

gang violence and the appointment of an Assistant U.S. Attorney 

in each judicial district as an anti-gang coordinator to prepare a 

comprehensive, district-wide strategy—in consultation with partners from Federal and local law enforcement, social services, and 

community and faith-based groups—to coordinate anti-gang activity across the board. The recommendation includes a $3,000,000 increase for additional gang prosecutions and to support district-wide 

anti-gang strategies. 

Computer Crime, High Tech and Intellectual Property (CHIP).— 

The recommendation includes an increase of $900,000 and 11 positions for the CHIP units. The Committee recognizes that over the 

last several years, there has been an explosive growth in high technology and intellectual property crimes. In order to protect the 

18 

United States in a global economy, the Department must be able 

to detect, investigate, and prosecute violations involving computers, 

intellectual property, fraud and high technology. The additional resources provided for CHIP units are to increase prosecutions in intellectual property theft, Internet fraud, and identity theft. 

UNITED STATES TRUSTEE SYSTEM FUND

The recommendation provides a total of $214,402,000 for the 

U.S. Trustees Program (USTP) for fiscal year 2006, to be entirely 

funded from offsetting collections. The amount recommended is 

$40,800,000 above the current year and $29,000,000 above the request. The budget request was submitted prior to the enactment of 

The Bankruptcy Abuse Prevention and Consumer Protection Act of 

2005 (Public Law 109–8) on April 20, 2005. The additional funding 

recommended above the request is necessary for the USTP to perform new responsibilities associated with the implementation of 

this Act. These new duties include: (1) Means Testing—Requires 

the USTP to review all chapter 7 petitions to identify ‘‘presumed 

abusive’’ debtors whose income exceeds the threshold specified for 

chapter 7 relief and to seek appropriate remedies; (2) Debtor Audits—USTP must perform random audits and targeted audits of 

chapter 7 and 13 debtors and take enforcement actions based upon 

the audit findings; (3) Credit Counseling—USTP must oversee a 

new requirement that debtors receive credit counseling from an approved agency prior to filing for bankruptcy and must file a completion certificate with the Court; (4) Small Business Chapter 11 

Cases—USTP must conduct on-site reviews and analyze the reorganization progress of small business debtors; and (5) Studies and Reports—USTP is required to conduct studies and produce reports 

covering many of the areas addressed by Public Law 109–8, including the standards for Means Testing. The Committee understands 

these new duties will require more than 300 additional staff and 

associated space, equipment, travel and contract audit costs. The 

USTP shall submit a financial plan to the Committee, allocating all 

resources under this account, within 30 days of enactment of this 

Act. 

The U.S. Trustee System provides administrative support to expeditiously move bankruptcy cases through the bankruptcy process 

and ensure accountability of private trustees appointed to administer bankruptcy estates. 

The recommendation also includes bill language which: (1) allows 

deposits to the U.S. Trustee System Fund to be used to pay refunds 

due depositors; (2) allows $214,402,000 in offsetting collections to 

be retained and used for necessary expenses in this appropriation; 

and (3) reduces appropriated funds as such offsetting collections 

are collected. 

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

The Committee recommends $1,220,000 for the Foreign Claims 

Settlement Commission, which is $17,000 above the enacted level 

and $50,000 below the request. 

The Commission settles claims of American citizens arising out 

of nationalization, expropriation, or other takings of their properties and interests by foreign governments. 

19 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

The Committee recommends $800,255,000 for the United States 

Marshals Service (USMS) for fiscal year 2006. This level is 

$40,722,000 above the current year, including supplemental funds, 

and $10,000,000 above the request. Funding recommended above 

the budget request is for the Witness Security Program, and the 

protection of the judicial process, within and outside of Federal 

courthouses. The recommendation consolidates the separate appropriation for construction into this account, as proposed in the budget request. 

In addition to inflationary and other required base adjustments, 

the recommendation includes the following program changes: (1) 

$10,945,000 for 100 additional deputy marshals and 14 additional 

support staff for security associated with high-risk cases and the 

growing number of prisoners awaiting trial or sentencing; (2) 

$4,602,000 and 12 positions for information technology improvements; (3) $1,292,000 and 14 positions for prisoner support programs; (4) $1,525,000 and 15 positions for the Witness Security 

Program; (5) $102,000 for an intelligence analyst to be assigned to 

the National Gang Intelligence Center to coordinate USMS antigang fugitive activities with other Federal law enforcement agencies; (6) $3,750,000 and 25 positions for additional senior full-time 

threat investigators; (7) $1,500,000 and 5 positions for the Office of 

Protective Intelligence; and (8) $1,745,000 in savings associated 

with administrative savings and travel. 

Judicial Security.—Recent events have highlighted the need for 

additional USMS resources to protect the judicial process. In order 

to immediately address this issue, the USMS received $11,935,000 

in supplemental fiscal year 2005 funding which can be used to buy 

home intrusion detection systems. The fiscal year 2006 recommendation builds on this effort by providing 100 additional deputy marshals, 35 above the level requested, to provide security associated with high-threat trials and to increase staffing levels as 

the number of prisoners in the custody of the USMS increases. In 

addition, the recommendation provides funding above the request 

for 25 additional senior full-time threat investigators to coordinate 

protective details at the district level for judges and Assistant 

United States Attorneys (AUSAs). These additional staff shall be 

allocated to support the maximum number of judges and AUSAs 

based on current threats. Finally, the recommendation provides 

five additional positions for the Office of Protective Intelligence, 

whose mission is to analyze and disseminate protective intelligence 

relating to the safety and security of members of the judiciary. The 

Committee directs this office to coordinate with other Department 

intelligence organizations, such as the Drug Intelligence Fusion 

Center, the National Gang Intelligence Center, and Joint Terrorism 

Task Forces. 

Fugitive Apprehension.—The Committee commends the USMS 

for the success of Operation FALCON, in which the USMS, working closely with its Federal, State and local partners, completed the 

largest fugitive apprehension operation in American history arresting 10,340 fugitives and clearing more than 13,800 felony warrants. 

20 

Coordination.—The Committee expects the Department to ensure 

that USMS Fugitive Task Force investigations, the FBI’s Safe 

Streets Task Forces investigations, the DEA’s Mobile Enforcement 

Team investigations, and ATF’s VCIT investigations are well coordinated. 

FEES AND EXPENSES OF WITNESSES

The recommendation provides such sums as are necessary for 

Fees and Expenses of Witnesses account. This appropriation, which 

is considered mandatory for scorekeeping purposes, 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, mental competency examinations, and witness/informant protection. Funds are also used to pay certain legal 

expenses of Federal employees. The Congressional Budget Office 

estimates this account will require $168,000,000 in new budget authority in fiscal year 2006. 

The Committee recommends bill language, which allows: (1) up 

to $1,000,000 for the purchase and maintenance of armored vehicles for prisoner transportation; (2) up to $7,000,000 for installation, operation, and upgrade of a secure automated network and secure telecommunications equipment; (3) up to $8,000,000 for protected witness safesites. 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

The Committee recommends $9,659,000 for the Community Relations Service, which is $124,000 above the enacted level and 

$100,000 below the request. The Community Relations Service was 

established by Title X of the Civil Rights Act of 1964 to provide assistance to communities in resolving disagreements arising from 

discriminatory practices. 

The Committee recommends bill language allowing the Attorney 

General to provide additional resources for the Community Relations Service, if emergent circumstances exist, through the transfer 

of funds from other Department of Justice programs, subject to the 

requirements of section 605 of this Act. 

ASSETS FORFEITURE FUND

The Committee recommends $21,468,000 for the Assets Forfeiture Fund, which is $1,000 below the enacted level and the same 

as the request. 

This account provides funds for additional investigative expenses 

of the FBI, DEA, ATF, and USMS, such as purchase of evidence, 

equipping of conveyances, and investigative expenses leading to 

seizure. Funds for these activities are provided from receipts in the 

Assets Forfeiture Fund resulting from the forfeiture of assets. Expenses related to the management and disposal of assets are also 

provided from receipts in the Assets Forfeiture Fund by a permanent indefinite appropriation. 

21 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

The recommendation provides $506,940,000 for the Organized 

Crime and Drug Enforcement Task Forces (OCDETF) account. This 

program was created in 1982 to ensure a coordinated, multi-agency 

approach to attacking and dismantling high-level drug enterprises. 

Through its nine regional task forces, this program utilizes the 

combined resources and expertise of its Federal agency members, 

in cooperation with State and local investigators and prosecutors, 

to target and destroy major narcotics trafficking and money laundering organizations. 

The recommendation provides the following amounts for participating Department of Justice agencies: 

REIMBURSEMENT BY AGENCY 

[In thousands of dollars] 

Amount 

Drug Enforcement Administration ............................................................................................................................ $196,410 

Federal Bureau of Investigation ............................................................................................................................... 136,678 

United States Marshals Service ............................................................................................................................... 9,094 

Bureau of Alcohol, Tobacco, Firearms and Explosives ............................................................................................ 11,318 

United States Attorneys ............................................................................................................................................ 134,012 

Criminal Division ...................................................................................................................................................... 2,702 

Tax Division .............................................................................................................................................................. 984 

Administrative Office ................................................................................................................................................ 15,742 

Total ................................................................................................................................................................. 506,940 

The recommendation fully funds the request for DEA, ATF, 

USMS, the Criminal Division, the Tax Division and the United 

States Attorneys (USAs). The recommendation does not provide reimbursement for Department of the Treasury (DoT) and Department of Homeland Security (DHS) participation in OCDETF cases. 

While DoT and DHS participation in these task forces was previously funded under this heading, for fiscal year 2006 funding for 

these agencies is requested in the budget requests for DoT and 

DHS. The recommendation does not transfer the High Intensity 

Drug Trafficking Areas program from the Office of National Drug 

Control Policy to this account, as proposed in the budget request. 

In addition to inflationary and other base adjustments, the recommendation provides the following program changes, as requested: a $5,928,000 increase for 71 additional USAs positions to 

provide additional prosecutorial resources, including 41 attorneys; 

a $2,072,000 increase for 9 additional USMS positions to enhance 

fugitive apprehension capabilities; and a $5,060,000 and 46 position offset for FBI Regional Drug Intelligence Squad personnel. 

The recommendation does not adopt the Administration’s proposal to transfer $50,000,000 and 365 FBI agents from the FBI’s 

Salaries and Expenses budget to this account. The Committee believes this proposal unnecessarily limits the FBI’s ability to allocate 

resources to the highest priority threats such as terrorism, counterintelligence, cyber crime and gang enforcement. The recommendation provides a $9,500,000 increase for the operations of the Drug Intelligence Fusion Center. In addition, the 

Committee expects the Department to allocate at least $5,000,000 

22 

in prior year unobligated balances to fully fund its fiscal year 2006 

operations. The Committee directs the Department to submit a report to the Committee within 180 days of enactment of this Act describing how the Drug Intelligence Fusion Center shares intelligence with other law enforcement and intelligence entities such 

as the National Counterterrorism Center and the National Gang 

Intelligence Center. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

The Committee recommends $5,741,132,000 for the Federal Bureau of Investigation’s (FBI) Salaries and Expenses account, which 

is $50,000,000 above the request and $531,635,000 above the current year, including supplemental funds. The Committee does not 

adopt the Administration’s proposal to transfer $50,000,000 from 

this account to the Organized Crime and Drug Enforcement Task 

Forces account. The Committee believes this proposal unnecessarily 

limits the FBI’s ability to allocate resources to the highest priority 

and emerging threats such as terrorism, counterintelligence, cyber 

crime and gang enforcement. Taking into account this adjustment, 

the recommendation is equal to the request. 

FBI Transformation.—The Committee commends the efforts of 

the Director and the men and women of the FBI to transform the 

agency from one whose primary mission was investigating crimes 

to one whose top priority is preventing terrorism. The Committee 

appreciates the assistance that the Government Accountability Office (GAO), the National Academy of Public Administration 

(NAPA), the Justice Department Office of Inspector General (OIG), 

the Congressional Research Service (CRS), and the Committee’s 

Surveys and Investigations staff have provided to reviewing FBI 

operations and making recommendations for improvement. The 

Committee also appreciates the FBI’s willingness to work with 

these organizations and expects the FBI to continue to work with 

these organizations and others to evaluate its operations during fiscal year 2006. The FBI is directed to continue to provide the Committee with quarterly updates on transformation activities in fiscal 

year 2006. 

The fiscal year 2005 Appropriations Act and the Intelligence Reform and Terrorism Act of 2004, created the Directorate of Intelligence within the FBI to have clear and broad authority over all 

FBI intelligence-related functions. As the next step in the FBI’s 

transformation, the Committee directs the Attorney General to implement the recommendation of the Commission on the Intelligence 

Capabilities of the United States Regarding Weapons of Mass Destruction (WMD Commission) to improve integration of the FBI’s 

counterterrorism and counterintelligence operational divisions with 

the Directorate of Intelligence. As discussed in the WMD Commission report and in testimony before the Committee by CRS, the FBI 

needs to improve the mechanism by which intelligence analysis 

drives the activities of the intelligence collectors. Therefore, the 

Committee directs the Attorney General to create within the FBI 

an Associate Deputy Director for National Security to oversee and 

coordinate the activities of the Executive Assistant Director for 

Counterterrorism and Counterintelligence and the national secuVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00022 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
23 

rity activities of the Directorate of Intelligence. The Committee directs the Attorney General to submit a report, not later than 60 

days after enactment of this Act, on its actions to implement the 

recommendations of the WMD Commission. 

The table below displays the Committee’s funding recommendation by decision unit. This decision unit structure continues the 

new structure recommended by the 9/11 Commission, authorized by 

the Intelligence Reform and Terrorism Prevention Act of 2004, and 

adopted in the fiscal year 2005 Appropriations Act. The Committee 

reminds the FBI that changes in this distribution are subject to the 

reprogramming requirements in section 605 of this Act. 

FBI SALARIES AND EXPENSES 

[Dollars in thousands] 

Decision Unit POS FTE Amount 

Intelligence .............................................................................................................. 5,652 4,957 $1,075,724 

Counterterrorism and Counterintelligence .............................................................. 11,482 11,082 2,262,632 

Criminal .................................................................................................................. 12,417 12,360 2,101,980 

Criminal Justice Services ........................................................................................ 2,117 2,126 300,796 

Total ............................................................................................................... 31,668 30,525 5,741,132 

The recommendation provides the level of funds requested by the 

Administration for the FBI. However, within this amount, the recommendation makes changes, based on independent evaluations by 

groups such as NAPA, GAO, and CRS to more effectively address 

the immediate resource needs of the FBI and to improve the FBI’s 

intelligence capabilities. 

The recommendation includes an increase of $163,211,000 for adjustments to base to support the current operating level. In addition, the recommendation includes the following program changes: 

(1) a $26,317,000 increase, as requested, for intelligence program 

development, training and employee recruitment; (2) a $45,687,000 

increase for 428 additional intelligence analyst and intelligence 

support positions, which is $21,733,000 below the level requested; 

(3) a $26,299,000 increase and 274 additional positions, as requested, for the foreign language program; (4) a $39,442,000 increase, which is $11,763,000 above the request, for enhanced information technology networking including additional Top Secret/Sensitive Compartmented Information Operational Network 

connectivity and additional access to SBUNet; (5) a $74,500,000 increase and additional 61 positions for the Terrorist Screening Center, which is $500,000 below the request; (6) a $8,000,000 increase 

for the Law Enforcement On-Line program, as requested; (7) a 

$6,023,000 increase and 7 additional positions for the Terrorist Explosive Device Analytical Center, as requested; (8) a $85,351,000 

increase and 514 additional national security investigations personnel, which is $36,263,000 below the request; (9) a $17,000,000 

increase and 10 additional positions to improve information technology program management, which is $10,000,000 above the request; (10) a $13,260,000 increase and 42 additional positions for 

legal attache ́ expansion and information technology infrastructure, which is $1,841,000 above the request; (11) a $9,858,000 increase 

and 80 additional positions to increase the FBI’s surveillance capabilities, as requested; (12) a $39,700,000 increase for 

24 

counterterrorism operations, as requested; (13) a $23,859,000 increase and 123 additional positions for crisis response capabilities, 

as requested; (14) a $15,000,000 increase for renovations to the FBI 

Academy, as requested; (15) a $2,690,000 increase and 22 additional positions for the Innocent Images National Initiative, as requested; (16) a $1,604,000 increase and 10 positions for child exploitation and obscenity investigations, as requested; (17) a 

$16,796,000 general reduction, as requested; (18) a $5,404,000 and 

42 position reduction in lower priority criminal programs, as requested; (19) a $4,674,000 reduction for electronic government efficiencies, as requested; (20) a $5,000,000 increase, above the request, for pay and benefit enhancements to continue the implementation of the new pay authorities provided in fiscal year 2005; (21) 

a $10,000,000 increase, above the request, for training; (22) a 

$5,000,000 increase, above the request, to accelerate the expansion 

of secure facilities in FBI field offices; (23) a $9,700,000 increase, 

above the request, for gang enforcement; and (24) a $5,000,000 increase, above the request, for 100 additional administrative personnel. 

Infrastructure.—The Committee is concerned that while the FBI 

has been provided a significant number of additional staffing resources since September 11, 2001, investment in the FBI’s infrastructure has not increased correspondingly. The Committee notes 

that recent reports by NAPA and the OIG have identified shortfalls 

in the FBI’s capability to fill all of their analyst and support positions, to implement effective analytical training programs, and effectively use information technology. Therefore, the recommendation reduces the amount of funding requested for additional staff 

from 2,044 positions to 1,629 positions in order to provide additional funding to address these infrastructure deficiencies. The recommendation provides increases above the request for information 

technology program management ($10,000,000), training 

($10,000,000), information technology network connectivity 

($11,763,000), administrative staff ($5,000,000), expanded secure 

space ($5,000,000), and recruitment and retention ($5,000,000). 

Information Technology.—The Committee is disappointed that 

the implementation of the Virtual Case Files (VCF) program has 

been unsuccessful. In order to determine the causes of this failure 

and prevent them from reoccurring, the Committee’s Surveys and 

Investigations (S&I) staff was tasked with studying this program. 

The Committee appreciates the work of the S&I staff and the FBI’s 

willingness to work with the Committee. According to the S&I report, the FBI has strengthened its Office of Chief Information Officer (OCIO) and has developed program management initiatives 

which should enable it to better manage and oversee its future information technology efforts. The Committee understands that the 

FBI is undertaking an effort to develop a new case management 

system primarily using commercial-off-the-shelf software. The fiscal 

year 2006 recommendation does not provide any new appropriations for this project and the Committee directs that a reprogramming be submitted before the FBI enters into a contract for the development of a new case management system. The Committee expects the FBI to submit a reprogramming to fund this new development system no later than August 1, 2005. 

25 

While the Committee is pleased that the FBI has improved its 

information technology management practices as outlined by the 

S&I report, sound business practices are not a guarantee that future technology investments will be successful. The Committee directs the OIG to provide the Committee with regular updates during fiscal year 2006 on the financial and programmatic status of a 

replacement case management system. The recommendation includes an increase of $17,000,000 and 10 

positions, which is $10,000,000 above the request, for the OCIO to 

improve information technology program management. These additional resources are provided to allow the FBI to hire additional information technology project and enterprise management support 

including contractors and FBI professional staff. These resources 

will also allow the FBI to improve its ability to perform research 

and development, prototyping, testing and systems engineering for 

new projects. In addition to hiring outside contractors, the Committee expects the FBI to utilize the enhanced pay authorities provided in fiscal year 2005 to attract and retain professional information technology staff. 

Training.—While the Committee understands the FBI has made 

improvements to its counterterrorism and intelligence training programs for agents and analysts, the Committee believes more needs 

to be done. The Committee notes that FBI has replaced its basic 

intelligence analyst course and that the OIG has found it to be 

‘‘generally well-balanced for an introductory intelligence analyst 

class’’. The Committee expects the FBI to implement, as appropriate, the improvements to intelligence training recommended by 

the OIG. The Committee also notes that both OIG and NAPA have 

recognized the need to develop experienced FBI employees to teach 

analytical classes at the College of Analytical Studies instead of depending mostly on contractors and personnel from other agencies. 

In addition, the Committee is concerned about the FBI’s training 

capacity and the ability of the FBI to ensure that newly hired intelligence analysts are adequately trained before being assigned to 

the field. The Committee expects the FBI to better coordinate the 

timing of hiring and the availability of training. As the Committee 

has directed in previous years, analysts should have joint training 

with agents and personnel from other Intelligence Community 

agencies. The Committee expects the FBI to continue to expand the 

University Education Program, the Sabbatical Program, the Fellows Program and the use of the Foreign Service Institute. 

The Committee appreciates that the FBI has been working with 

NAPA to study its training programs and the Committee encourages the FBI to continue to work with NAPA to improve training 

programs for first-line supervisors, mid-level managers and executives. 

The recommendation includes the requested increases of 

$5,197,000 for intelligence training and $2,500,000 for national security training. In addition, the recommendation provides the requested $15,000,000 increase to perform necessary renovations to 

the FBI academy. Finally, the recommendation includes 

$10,000,000, above the request, to accelerate enhancements to the 

FBI’s training programs as outlined above. 

Information Network Connectivity.—The Committee is concerned 

that all necessary staff do not have access to top-secret networks 

26 

and that this deficiency limits analysts’ and agents’ ability to effectively communicate and share classified information throughout 

the Intelligence Community. The Committee notes that the WMD 

Commission report highlights the FBI’s failure to develop efficient 

mechanisms for information sharing both inside and outside the 

FBI, and notes that this failure seriously undermines the FBI’s 

ability to perform its intelligence work. The Committee is also concerned that only one-third of FBI employees have access to the 

Internet through the FBI’s sensitive but unclassified network 

(SBUNet). The Committee believes that expansion of the SBUNet 

is necessary to improve the effectiveness of agents and analysts by 

providing them greater access to open source information. In addition, the Committee believes human resources and administrative 

processes can be improved with greater Internet access availability 

throughout the FBI. 

The recommendation provides the requested increases of $7,679,000 for SBUNet and $20,000,000 for the Top Secret/Sensitive Compartmented Information Operational Network. In addition, the recommendation provides an increase of $11,763,000, 

above the request, for further expansion of SBUNet and TS/SCION. 

Finally, the recommendation includes an increase of $5,000,000, 

above the request, for additional secure facilities. The Committee 

notes that the lack of secure space was a deficiency specifically 

noted by the 9/11 Commission and the Intelligence Reform and 

Terrorism Prevention Act of 2004. The recommended $5,000,000 increase for secure facilities is in addition to the $20,500,000 increase 

provided for secure space in fiscal year 2005. 

Support and Administrative Staff.—The Committee is concerned 

that a significant number of support and administrative positions 

remain vacant. The Committee understands that the FBI’s hiring 

focus in recent years has been on agents and analysts. However, 

the Committee notes that many reviews conducted by groups such 

as the 9/11 Commission, the WMD Commission, CRS, NAPA, and 

the OIG, have all noted that analysts are performing many administrative duties or that additional administrative staff are needed 

to support agents and analysts in the field. The Committee directs 

the FBI to focus its hiring efforts on filling vacant support and administrative positions in order to improve agent and analyst performance and job satisfaction. The Committee also believes that the 

FBI should re-evaluate their staffing model for the number of administrative staff required to support new agents and analysts. 

The budget proposes reducing the FBI’s direct budget by 

$67,000,000 and 608 positions (365 agents) for the FBI’s criminal 

program and increasing the FBI’s reimbursement through the 

OCDETF program by $50,000,000 and 432 positions (365 agents). 

This proposal would result in a reduction of 176 analysts and support positions. The Committee rejects this proposal. If the analysts 

and administrative staff proposed to be eliminated are not required 

in the criminal program, the Committee will consider a reprogramming of these positions to counterterrorism and counterintelligence. 

In addition, the recommendation provides $5,000,000, above the request, for 100 additional administrative and support positions. 

Recruitment and Retention.—In fiscal year 2005, the Committee 

provided the FBI with several new personnel authorities including 

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27 

ligence staff up to an Executive Schedule I salary, establish an FBI 

Reserve Service, and an increase in the Director’s authority to extend the retirement age of critical staff. The bill also provided a 

$30,000,000 increase to fund these new authorities. 

In addition, the Intelligence Reform and Terrorism Prevention 

Act of 2004 gave the FBI the authority to establish a separate pay 

system for analysts. The Committee directs the FBI to work with 

NAPA to ensure that these new personnel authorities are used effectively. In implementing a new pay system for analysts, the Committee directs the FBI to consider implementing a system that is 

identical to other Intelligence Community agencies. 

The recommendation includes the requested program increase of $9,200,000 for intelligence analyst relocation, bonuses, and college 

loan repayments, and the requested increase of $4,192,000 for special agent transfers. In addition, the recommendation includes 

$5,000,000 above the request to provide additional retention and 

recruitment opportunities. 

Human Resources.—The Committee recognizes that the FBI’s 

human resources capabilities have improved in recent years as the 

FBI continues its transformation. Some of these improvements include streamlining the hiring process by reducing the number of 

steps involved, and using off-the-shelf web-based applications to 

support the hiring process. However, the Committee believes there 

is more that can be done to improve the FBI’s human resources 

management. While the Committee understands that FBI has established an intelligence officer certification program, the Committee also understands that performance indicators are not in 

place to rate FBI agents and managers on intelligence and security 

criteria. If the FBI hopes to fully transform into an intelligencedriven organization, employees must be rated on their ability to 

collect and analyze intelligence. The 9/11 Commission report recognized this requirement by stating that FBI agents and analysts 

need to be rewarded for acquiring informants and for gathering 

and disseminating information differently and more broadly than 

in a traditional criminal investigation. 

The Committee also understands that the FBI does not have a 

comprehensive leadership development strategy for senior managers and does not have a succession planning system. Given the 

high level of turnover the FBI has experienced in recent years in 

senior positions, the lack of a leadership development and succession plans presents a risk to the FBI’s future success. The Committee encourages the FBI to work with NAPA on the development 

of a comprehensive leadership development strategy. 

The Committee understands that the FBI is considering removing the human resources function from the Administrative Services 

Division and creating an Office of Human Resources in order to 

have one office specifically focused on improving the FBI’s human 

resources processes. The Committee expects the FBI to submit a 

reorganization proposal not later than 90 days after enactment of 

this Act. This new office should be tasked with, at a minimum: (1) 

ensuring that employee rating systems match the FBI’s priorities 

including intelligence and security; (2) ensuring the new pay authorities and funding provided to attract and retain staff are effectively utilized; (3) developing leadership and succession planning 

programs; and (4) considering ways to give FBI field offices more 

28 

flexibility in hiring administrative staff. In addition, this reorganization proposal shall outline how the FBI intends to ensure that 

hiring decisions and training availability are coordinated. 

Legal Attache ́ Expansion and Information Technology Infrastructure.—The recommendation includes an increase of $9,925,000 and 

39 positions for requested expansions including a new office in 

Tashkent, Uzbekistan, and office expansions in Abu Dhabi, United 

Arab Emirates; Canberra, Australia; London, United Kingdom; 

Nairobi, Kenya; New Delhi, India; Ottawa, Canada; Port of Spain, 

Trinidad; and Rabat, Morocco. This includes increases of $986,000 

and 14 positions for headquarters support, $5,696,000 for 25 field 

positions, and $3,243,000 for non-personnel infrastructure requirements. 

In addition, the recommendation also provides an increase of $3,335,000 and 3 positions to establish a legal attache ́ office in San 

Salvador, El Salvador. 

Next Generation Integrated Automated Fingerprint Identification 

System (IAFIS).—The Committee supports the FBI’s efforts to improve the speed and accuracy of IAFIS, expand the data available 

in the system, and improve its latent print capabilities. The recommendation provides $67,808,000 for the Next Generation IAFIS 

project in fiscal year 2006 from Working Capital Fund balances already approved for this project, and from excess user fee collections 

for various Criminal Justice Information Services programs. 

Information sharing.—The Committee is appreciative of the 

FBI’s efforts to improve its intelligence capabilities and to establish 

the Directorate of Intelligence. However, according to the February 

2005 study conducted by NAPA, ‘‘progress on information sharing 

relies heavily on personnel exchanges among organizations . . . 

while information sharing processes remain unclear.’’ While the 

Committee believes the FBI has made significant improvements in 

the sharing of intelligence within the Intelligence Community and 

with State and local law enforcement, the Committee expects the 

Directorate of Intelligence to establish clear information sharing 

processes that are effectively communicated to the field. The Committee also expects the FBI to work cooperatively with the Director 

of National Intelligence to ensure that domestic counterterrorism 

and counterintelligence efforts are well coordinated with the rest of 

the Intelligence Community. 

Records Management Center.—In fiscal year 2005, the Committee 

provided the FBI with $9,000,000 to establish an interim records 

management center in Frederick County, VA. The Committee understands that consolidation of records and collocation of records 

management personnel is achieving business process efficiencies 

and personnel savings. It is making more space available in the 

FBI headquarters building, allowing the FBI to reduce leased space 

in the Washington, D.C. metropolitan area, and making available 

needed space in the field as the number of FBI staff continues to 

increase. The Committee understands that the FBI hired an outside consultant to study potential locations for a records management center using the following criteria: (1) at least 60 miles outside of Washington, D.C. for continuity of operations; (2) away from 

obvious terrorist targets; (3) within 250 miles of Washington, D.C.; 

(4) having access to transportation, utilities, and communications 

networks, and (5) availability of an educated workforce. The ComVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
29 

mittee understands the FBI chose Frederick County, VA, as the 

most ideal location to establish this center. The Committee further 

understands that the FBI is leasing interim facilities in Frederick 

County, VA, while the design and construction of a permanent facility is ongoing. The recommendation provides necessary funding 

to continue the lease, equipment, security, relocation, and other appropriate costs associated with the interim records management facilities. 

Correctional Intelligence Initiative.—The Committee understands 

that prisons continue to be a fertile ground for the indoctrination 

of prisoners to extremist ideologies, who then could pose a threat 

to the public after their release. In order to address this problem, 

the National Joint Terrorism Task Force has implemented a Correctional Intelligence Initiative, which is a nationwide project requiring that each of the 100 Joint Terrorism Task Forces establish 

meaningful intelligence relationships with all Federal, State and 

local prisons and jails within their geographic area of responsibilities to share intelligence, and to provide training on methods to 

detect and prevent prison radicalism. The Committee directs the 

FBI to ensure that every State and territory continues to receive 

training on methods to detect and prevent such activities, and on 

intelligence sharing. 

Gangs.—According to the FBI, ‘‘gangs are more violent, more organized, and more widespread than ever before. They pose one of 

the greatest threats to the safety and security of all Americans. 

The Department of Justice estimates there are approximately 

30,000 gangs, with 800,000 members, impacting 2,500 communities 

across the U.S.’’ In order to address this growing public safety 

problem, the FBI has implemented a National Gang Strategy 

which identifies the gangs posing the greatest danger to American 

communities and targets them with the coordinated Federal, State 

and local law enforcement resources and the same Federal racketeering statutes, intelligence, and investigative techniques used to 

defeat organized crime. The FBI is combating this problem with 

108 Safe Streets Task Forces working on gang investigations with 

other Federal, State and local law enforcement agencies and with 

the establishment of the National Gang Intelligence Center. This 

Center, created by the Committee in fiscal year 2005, will enable 

the FBI and its Federal, State and local partners to centralize and 

coordinate the collection of intelligence on gangs in the U.S., and 

then analyze, share, and disseminate this intelligence with law enforcement authorities throughout the country. 

The Committee recommendation annualizes the increases provided to combat gangs in fiscal year 2005. In addition, the recommendation includes a program increase of $9,700,000. This includes $5,000,000 to establish 20 additional Safe Streets Task 

Forces and $4,700,000 for additional National Gang Intelligence 

Center and task force needs. As discussed earlier, the recommendation includes an increase of $3,335,000 to create a legal attache ́ office in San Salvador, El Salvador. This office is established to enhance cooperation in gang investigations with our international law 

enforcement partners. 

The Committee expects the Department to ensure the coordination of investigations conducted by the Safe Streets Task Forces, 

DEA Mobile Enforcement Teams, the USMS Fugitive Task Forces, 

30 

and ATF Violent Crime Impact Teams. In order to facilitate coordination between Federal law enforcement agencies, the recommendation provides funding increases for the DEA, USMS, ATF, 

and BoP to assign intelligence analysts full time to the National 

Gang Intelligence Center. 

Security Clearances.—The recommendation includes the requested program increase of $3,526,000 for additional contract adjudicators to ensure the FBI has the most trustworthy workforce 

available and increase its capability to recognize applicants who 

have been directed to seek employment with the FBI by hostile organizations or groups. The Committee encourages the FBI to use 

information technology tools, as appropriate, to reduce the amount 

of time required to perform background checks and promote reciprocity between government agencies. 

Enforcement of Export Law.—The Committee recognizes the forensic analysis expertise the FBI’s Regional Computer Forensic 

Laboratories can bring to export enforcement cases of the Department of Commerce’s Bureau of Industry and Security (BIS). Within 

the amounts provided, the Committee expects the FBI to provide 

assistance to BIS to ensure all forensic expertise is brought to bear 

on the enforcement of U.S. export laws. 

Computer Crime, High Tech and Intellectual Property.—The 

Committee remains concerned about intellectual property crimes 

and directs the FBI to support the U.S. Attorneys’ efforts to increase prosecutions of these crimes. 

The Committee includes bill language which provides: (1) for purchase of new and replacement vehicles; (2) up to $70,000 for unforeseen emergencies; (3) not to exceed $150,000,000 to remain 

available until expended (4) funding designation for 

counterterrorism investigations, foreign counterintelligence, and 

national security activities; (5) up to $25,000,000 to reimburse 

State and local police for assistance related to violent crime, terrorism and drug investigations; (6) up to $205,000 for official reception and representation expenses; and (7) a specific number of positions and workyears for the FBI. 

CONSTRUCTION

The Committee recommendation includes $20,105,000 for FBI 

construction, which is $9,999,000 above the current year and 

$10,000,000 above the request. The recommendation includes the 

requested $105,000 for base construction and $10,000,000 for an 

architecture and engineering study for a new Critical Incident Response Group Facility (CIRG). The Committee understands current 

CIRG facilities are insufficient to accommodate CIRG personnel, 

gear, equipment and logistical needs and that this hampers CIRG’s 

ability to quickly respond to critical events. 

In addition, the recommendation provides $10,000,000 for the 

equipment and associated costs for a permanent records management facility in Frederick County, VA. As previously discussed, the 

FBI has established an interim records management center in 

Frederick County, VA while the design and construction of a permanent facility is ongoing. The recommendation provides for equipment and other necessary costs associated with establishing a permanent records management facility. 

31 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

The Committee recommends total budget authority of $1,907,846,000 for the Drug Enforcement Administration (DEA), of 

which $201,673,000 is derived from fees deposited in the Diversion 

Control Fund, resulting in a direct appropriation of $1,706,173,000. 

The recommended appropriation is $67,343,000 above the enacted 

level and $12,017,000 above the request. 

The recommendation provides the following increases: (1) $51,257,000 for inflationary and other costs to maintain the current operating level; (2) $12,705,000 for the costs associated with 

DEA’s overseas rightsizing initiative approved in fiscal year 2005; 

(3) $22,018,000 and 31 positions to combat heroin production in Afghanistan and throughout Central Asia; (4) $3,003,000 and 2 positions to modernize the Narcotics and Dangerous Drugs Information 

System; (5) $9,033,000 and 26 positions for the Speedway program 

to enhance DEA intelligence capabilities; (6) $2,686,000 to create a 

virtual private network to exploit data from the Internet and support undercover operations; and (7) $215,000 and 2 intelligence analyst positions to be assigned to the National Gang Intelligence 

Center to coordinate DEA anti-gang activities with other Federal 

law enforcement agencies. 

The recommendation includes the following program offsets: (1) $8,726,000 to annualize the fiscal year 2005 transfer of the Drug 

and Chemical Diversion Control Decision Unit to the Diversion 

Control Fee Account. The Committee does not adopt the proposed 

technical adjustment to transfer 12 positions back to the Salaries 

and Expenses account; (2) $13,435,000 to be transferred to the 

Drug Control Fee Account to more accurately reflect DEA’s actual 

diversion control activities; (3) $1,264,000 reduction for the purchase of vehicles; and (4) $2,501,000 reduction for e-training and etravel. 

Methamphetamine (meth).—According to the National Drug Intelligence Center’s (NDIC) National Drug Threat Assessment 2005, 

‘‘the threat posed to the United States by the trafficking and abuse 

of methamphetamine is high and increasing. Methamphetamine 

availability, production, and distribution are increasing nationally.’’ 

The Assessment also states meth presents ‘‘unique challenges to 

law enforcement and public health officials, particularly in rural 

areas where much of the production and abuse occurs. Law enforcement personnel, first responders, clandestine laboratory operators, 

and those in proximity to laboratories—particularly children—often 

are injured as a result of chemical burns, fires, and explosions at 

clandestine laboratories. The environmental damage caused by improper storage and disposal of chemicals and chemical waste attendant to methamphetamine production is severe, and the cost of 

soil and structure remediation at contaminated methamphetamine 

production sites is significant. Child neglect and abuse are common 

within families whose parents or caregivers produce or use methamphetamine.’’ 

The Committee understands that nine of the 42 drug trafficking 

Consolidated Priority Organization Targets (CPOTs) are engaged in 

meth trafficking and that DEA currently has several hundred active investigations of these organizations. The Committee supports 

32 

DEA’s efforts to dismantle these priority targets. However, the 

Committee is concerned that the Administration’s proposal to reduce funding for DEA’s Mobile Enforcement Teams and eliminate 

the Demand Reduction program will severally hamper DEA’s assistance to State and local law enforcement to address small toxic 

labs operating throughout the country. Therefore, the recommendation does not adopt these proposed reductions and directs the DEA 

to focus these programs on combating meth. In addition, the recommendation provides $20,000,000 under the 

Office of Justice Programs for DEA to assist State and local law enforcement with proper removal and disposal of hazardous materials 

at clandestine meth labs and to initiate a container program, including funding for training, technical assistance and purchase of 

equipment to adequately remove and store hazardous material. 

Within the level of funding provided, DEA shall dedicate three positions to manage and oversee this program. 

Afghanistan/Central Asia.—The cultivation of opium poppies has 

flourished in Afghanistan since the fall of the Taliban regime in 

2001. The Committee finds this to be an unacceptable trend and 

fully funds DEA’s requested program increases to combat heroin 

production in Afghanistan and throughout Central Asia. The recommendation includes an increase of $8,221,000 and 17 positions 

to provide permanent base resources for Operation Containment, 

which includes staff and operations in Afghanistan, Uzbekistan, 

Kyrgyzstan, Pakistan, and Tajikistan. In addition, Operation Containment supports DEA activities in countries most threatened by 

Central Asian heroin trafficking including Turkey, Russia and the 

United Kingdom. These operations were previously funded with 

prior year unobligated balances. The recommendation includes an increase of $4,300,000 for the 

Foreign Advisory Support Teams to train the National Interdiction 

Unit in Afghanistan and provide operational support to destroy 

clandestine labs and seize precursor chemicals, opium and opiate 

stockpiles in Afghanistan. Initial funding for this activity was provided through supplemental fiscal year 2005 appropriations. The 

recommendation provides for on-going operations through fiscal 

year 2006. 

The recommendation also includes an increase of $9,497,000 and 

14 positions to enhance DEA’s capabilities throughout the region 

including Afghanistan, Tajikistan and Uzbekistan, as requested. 

Within the total level of funding provided in this bill and in prior 

years, the Committee expects DEA to establish a presence in 

Dubai, United Arab Emirates to help combat the movement of proceeds from heroin trafficking. 

DEA is directed to submit a report to the Committee by April 1, 

2006 on planned and actual obligations in Central Asia and DEA’s 

accomplishments to combat poppy and heroin production in Afghanistan and throughout Central Asia. 

Operational Support.—If additional funding requirements arise 

during the course of the fiscal year to support Title III wiretaps 

and other investigative technologies and equipment, the Committee 

will consider a reprogramming from lower priority programs or 

from prior year unobligated balances, if available. 

Coordination.—The Committee expects the Department to ensure 

that DEA Mobile Enforcement Team investigations, the FBI Safe 

33 

Streets Task Forces investigations, the USMS Fugitive Task Force 

investigations, and ATF VCIT investigations are well coordinated. 

Diversion Control Fee Account.—The recommendation includes 

$201,673,000 for this account, which is $47,457,000 above the current year. The recommendation includes the following increases: (1) 

$11,735,000 for inflationary and other base adjustments; (2) 

$8,726,000 to annualize the fiscal year 2005 transfer of Drug and 

Chemical Diversion Control Decision Unit to the Diversion Control 

Fee Account; (3) $13,435,000 transferred from the Salaries and Expenses account to more accurately reflect DEA’s actual diversion 

control activities; (4) $8,857,000 and 41 positions to improve intelligence analysis supporting diversion investigations; and (5) 

$4,704,000 and 23 positions for additional agents to conduct diversion investigations. In addition, the recommendation includes $10,000,000 for the 

prescription drug monitoring program under the Office of Justice 

Programs. 

During 2003, 6.3 million Americans abused prescription drugs. 

Despite the extent of this abuse, efforts to address the problem 

have been inadequate. The Committee expects DEA to work with 

other entities of the Executive Branch, such as the Food and Drug 

Administration (FDA) and the Office of National Drug Control Policy, to ensure a coordinated government-wide approach to address 

prescription drug diversion. The recommendation includes two general provisions included in the fiscal year 2005 House-passed Commerce, Justice, State Appropriations Bill (H.R. 4754) and incorporated in the fiscal year 2005 conference report. These provisions 

prevent DEA from establishing a procurement quota for a new 

drug containing a controlled substance unless the DEA has reviewed and publicly commented on the labeling, promotion, risk 

management plans, and other documents for new drug applications. This language is continued to ensure that law enforcement 

has had an opportunity to review and comment on labeling, promotion and risk management plans of new drugs to prevent another drug like OxyContin from being inappropriately marketed. 

This language does not prevent FDA from approving new drugs. 

The Committee is concerned that drugs more powerful than 

OxyContin, will be approved with similar risk management and labeling plans as OxyContin. The Committee expects the DEA to 

work cooperatively with other Federal agencies to ensure that 

drugs with a high risk of abuse are marketed appropriately. The 

Federal government must ensure that new high-risk drugs do not 

become easily available to illegal drug dealers and abusers. 

The Committee recommends bill language, which provides: (1) up 

to $70,000 for unforeseen emergencies; (2) for the purchase of 1,043 

passenger motor vehicles; (3) up to $75,000,000 to remain available 

until expended; and (4) up to $100,000 for official reception and 

representation expenses. In addition, language is continued which 

specifies the number of positions and workyears provided to DEA. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

The recommendation includes $923,613,000 for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which is 

34 

$41,148,000 above the enacted level, including supplemental 

amounts, and the same as the request. The recommendation does 

not include the proposal to increase explosives licensee and permit 

fees and credit these funds to this account. The recommendation 

also does not include the Administration’s proposal to establish an 

explosives poundage fee. 

The recommendation includes the following changes: (1) $12,814,000 increase for inflationary and other base adjustments; 

(2) $3,930,000 increase for 50 additional inspectors to improve implementation of the Safe Explosives Act and address the concerns 

raised in the Office of Inspector General’s Report No. I–2004–005; 

(3) $6,000,000 increase and 2 additional positions to develop and 

implement a database for the Terrorist Explosive Device Analysis 

Center capable of electronically disseminating analytical reports on 

Improvised Explosive Devices to military, first responders, law enforcement and the intelligence community; (4) $302,000 increase 

for 2 additional intelligence analysts positions to be assigned to the 

National Gang Intelligence Center to coordinate ATF anti-gang activities with other Federal law enforcement agencies; (5) 

$23,068,000 increase for Violent Crime Impact Teams (VCIT); and 

(6) $966,000 reduction for savings in travel and training. 

Violent Crime Impact Teams (VCIT).—VCITs are ATF-lead task 

forces that include participants from State and local law enforcement and other Federal law enforcement entities such as U.S. Attorneys, the U.S. Marshals Service, and the Drug Enforcement Administration. VCITs are established in locations with high or increasing rates of violence. The Committee understands that VCITs 

have been very successful and that between June 2004, when 

VCITs were originally established, and November 2004, the program executed 1,051 arrest warrants and recovered 3,549 firearms. 

The recommendation provides a $23,068,000 increase for the expansion of VCITs. The Committee expects VCITs to continue to 

focus on locations experiencing a high rate of gang related violence. 

The Committee expects the Department to ensure that ATF VCIT 

investigations, the FBI Safe Streets Task Forces investigations, the 

USMS Fugitive Task Forces investigations, and the DEA Mobile 

Enforcement Team investigations are well coordinated. 

Multiple handgun sales reports.—Under 18 USC 923(g)(3), licensed firearm dealers must report multiple handgun sales to ATF 

and local law enforcement. Local law enforcement agencies are required to destroy these reports within 20 days unless the gun 

buyer is prohibited from receiving firearms. Licensed firearm dealers must certify every 6 months to the Attorney General that these 

reports have been destroyed. The Committee understands that not 

all local law enforcement agencies comply with these requirements. 

The Committee directs ATF to ensure that local law enforcement 

agencies are aware of this requirement, through an open letter to 

law enforcement, website notices and other outreach programs to 

remind law enforcement of these important requirements. 

Forfeiture actions.—The Committee is concerned about reports 

that the Department and ATF have in some instances not complied 

with the notice requirements and time limitations set forth in the 

Civil Asset Forfeiture Reform Act of 2000 (CAFRA) in civil forfeiture actions relating to firearms and ammunition involved or 

used in a violation of the Gun Control Act, 18 U.S.C. 924(d). The 

35 

Committee understands that the Department and ATF recognize 

that the notice requirements and time limitations of CAFRA apply 

to such forfeiture actions. The Committee agrees with the Department and ATF that CAFRA applies to such actions and directs the 

Department and ATF to take additional steps to ensure that all 

ATF field counsel and United States Attorney Offices are reminded 

of the applicability of CAFRA to such actions so that appropriate 

steps may be taken to comply with CAFRA, including the time limits and procedures for notifying potential claimants and filing complaints for civil judicial forfeitures under the Gun Control Act. 

The Committee recommends bill language, included in fiscal year 

2005 and in the budget request, that: (1) prohibits funding for consolidating or centralizing certain records; (2) prohibits funding to 

amend the definition of ‘‘Curios or relics’’; (3) prohibits funding for 

investigating or acting upon applications for relief from Federal 

firearms disabilities under 18 U.S.C. 925(c); (4) makes funding 

available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 18 

U.S.C. 925(c); (5) prohibits funding to transfer the functions, missions or activities of the ATF to other agencies or Departments; (6) 

prohibits funds from being used to disclose certain firearms trace 

data; (7) prohibits funds to promulgate or implement any rule requiring a physical inventory of any business licensed under 18 

U.S.C. 923; (8) prohibits funding to be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by 

name or any personal identification code; and (9) prohibits funds to 

deny an application for a license under 18 U.S.C. 923 or renewal 

of such a license due to a lack of business activity, provided that 

the applicant is otherwise eligible to receive such a license and is 

eligible to report business income or to claim an income tax deduction for business expenses under the Internal Revenue Code of 

1986. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

The Committee recommends a fiscal year 2006 appropriation of $4,895,649,000 for the salaries and expenses of the Federal Prison 

System, which is the same as the request and $324,265,000 above 

the fiscal year 2005 level, including supplemental appropriations. 

The Committee remains concerned about the Administration’s 

annual budget requests for the Federal Prison System. Recent requests have been predicated on unreasonable offsets and rescissions of previously appropriated construction funds. The Committee 

believes that the fiscal year 2006 proposal to rescind prison construction funds is short-sighted since the inmate population is expected to steadily increase and over-crowding is anticipated to remain a significant problem. The Committee is concerned about the 

safety and morale of staff working in Federal prisons, and therefore 

feels that bringing additional bed space on-line in a timely manner 

is critical. The Committee encourages the Administration to look 

seriously at the needs of the Federal Prison System when it develops its future budget requests. 

Activation and Expansion of Prisons.—The Committee’s recommendation includes a total of $95,304,000 to fully annualize the 

36 

costs to activate the Coleman, FL, facility, activate three new facilities, and expand two existing facilities. This funding will increase 

BOP’s capacity by 3,114 beds. The recommendation reflects the 

Committee’s recognition of the critical importance of providing adequate space for the incarceration of Federal prisoners and the need 

to activate newly constructed prison facilities. 

Contract Confinement.—The recommendation also includes a 

total of $641,867,000 for contract confinement, an increase of 

$64,732,000, for contracts to accommodate the increasing prison 

population. The Bureau of Prisons (BOP) is directed to meet 

bedspace needs using State, local and private prison capacity, if 

these facilities meet BOP’s standards. The BOP is encouraged to 

solicit proposals in a manner that allows for an optimal level of 

competition so that BOP’s requirements can be met and the best 

value achieved. Additionally, the BOP should consider expanding 

its use of current Intergovernmental Agreements with State and 

local governments that have existing beds. Furthermore, the BOP 

is directed to provide the Committee with a report on low and minimum security facilities comparing the following: (1) the costs of 

housing inmates in Federally-owned prisons; (2) the costs of using 

State and local prisons and jails obtained through Intergovernmental Agreements; and (3) the costs of using privately-managed 

facilities. The report shall include all costs associated with operating these facilities and shall be provided to the Committee by 

April 1, 2006. 

Drug Treatment Programs.—The Committee is aware that more 

than 50 percent of the Federal prison population is incarcerated because of illegal drug activity. The Committee expects that the BOP 

will continue the transitional drug treatment program. 

Reimbursable Agreement.—The Committee understands that the 

Department of Justice continues to pursue an agreement with the 

Department of Homeland Security to reimburse BOP for the costs 

of criminal alien inmates awaiting deportation. The Committee encourages this action, which would be consistent with reimbursements that are made by States for their inmates who are housed 

in BOP facilities, and may have a salutary effect on continuing efforts to expedite the return of deported aliens to countries that 

have denied or unreasonably delayed such returns in the past. 

Intelligence Analyst.—Within the amounts provided, the BOP is 

directed to hire an intelligence analyst to be assigned to the FBI’s 

National Gang Intelligence Center. This employee will work jointly 

with other Department of Justice law enforcement agencies to combat gang activity. 

Inmate Correspondence.—The Committee is concerned about the 

correspondence privileges allowed for convicted terrorists. The 

Committee strongly encourages the Attorney General to continue to 

examine this matter and provide an update to the Committee by 

August 1, 2005. 

Sexual Abuse.—The Committee is troubled by a recent Inspector 

General report on sexual abuse in the BOP. The Committee directs 

the BOP to continue taking steps to address this problem. Sexual 

abuse of inmates should not be tolerated, and the Director of the 

BOP should make a top priority the elimination of this behavior. 

Cost-saving initiatives.—The Committee notes that the BOP has 

proposed numerous cost-saving initiatives over the last year, and, 

37 

because of the constrained budgetary environment that is expected 

to continue, the Committee has approved these long-term cost-saving initiatives. The Committee reiterates past direction that all 

BOP employees in the affected institutions shall be offered first 

preference for positions in nearby or recently-activated prisons. 

Mentally-ill offenders.—The Committee is disturbed by the number of people who suffer from mental illness and are incarcerated 

at the Federal, State, and local levels. The Committee expects the 

BOP to provide a report to the Committee on its programs to assist 

the mentally-ill and also encourages the National Institute of Corrections to work with State and local prisons and jails to share expertise in working with mentally-ill offenders. 

Marksmanship Training.—The Committee encourages the continuation of the visible eye-safe laser program and supports the 

BOP considering other technologically-advanced marksmanship 

training systems. 

The Committee recommends bill language, similar to that included in previous Appropriations Acts, which provides: (1) for the 

purchase of motor vehicles; (2) for the provision of technical advice 

to foreign governments; (3) for transfer of funds to the Health Resources and Services Administration; (4) for the Director to enter 

into contracts to furnish health care; (5) up to $6,000 for reception 

and representation expenses; (6) up to $20,000,000 for contract confinement expenses for the care and security of Cuban and Haitian 

entrants; and (7) for the Federal Prison System to accept donated 

property and services. The recommendation includes a requested 

change in the number of new and replacement automobile purchases and modifies language, as requested, designating an amount 

to remain available for two fiscal years. 

BUILDINGS AND FACILITIES

The Committee recommends $70,112,000 for fiscal year 2006 for 

the construction, modernization, maintenance, and repair of prison 

and detention facilities housing Federal inmates. This amount is 

$134,963,000 below the fiscal year 2005 level, including supplemental appropriations. The recommendation does not include a 

proposed $314,000,000 rescission of funds previously appropriated 

for new prison construction. The recommendation for this account 

is therefore $214,000,000 above the request. 

The Committee notes that there are carryover balances available 

in this account totaling more than $600,000,000, of which over 

$100,000,000 are not designated for specific construction activities 

and can be used for maintenance and repair projects. Given current 

funding constraints, the Committee expects the BOP to use new 

appropriations, as well as previously appropriated funds, to address the most critical maintenance and repair projects. 

The Committee is deeply troubled by claims that inmate-on-inmate and inmate-on-staff assaults are increasing. The Committee 

believes that overcrowding can be a significant contributing factor 

to this increase in violent activity, and, for this reason, rejects the 

proposal to rescind balances from prison construction funds. 

The Committee recommends bill language, similar to that included in previous Appropriations Acts, which allows: (1) for planning, acquisition of sites, and construction of facilities; (2) for acquisition, remodeling, and equipping facilities by contract or force acVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00037 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
38 

count; (3) up to $14,000,000 to construct inmate work areas; and 

(4) for use of prisoner labor. 

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

The Committee recommends a limitation on administrative expenses of $3,365,000 for Federal Prison Industries, Incorporated 

(FPI), for fiscal year 2006, which is $1,000 below the amount designated for fiscal year 2005 and the same as the request. The Committee believes that those who are repaying their debts to society 

should be provided opportunities to prepare themselves to re-enter 

the community as functioning citizens. The Committee notes that, 

unfortunately, FPI’s inmate employment has declined by 3,200 

since 2001, a 14 percent decrease. The Committee expects the Administration to continue to offer meaningful work opportunities to 

inmates while respecting the interests of small and medium-sized 

businesses. 

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

The Committee recommends $387,497,000 to support grants 

under the Violence Against Women Act, which is $5,394,000 above 

fiscal year 2005 and $24,500,000 above the request. The request includes funding for certain Violence Against Women Prevention and 

Prosecution Programs under the Justice Assistance heading. The 

recommendation continues to include all Violence Against Women 

Prevention and Prosecution Programs under this heading. The 

table below displays funding for programs recommended under this 

heading compared to the level of funds requested for the same activities under this heading and under the Justice Assistance account. 

[In thousands of dollars] 

FY 2005 

enacted 

FY 2006 1

request 

FY 2006 

recommendation 

Violence Against Women Programs 

STOP Grants .............................................................................................. $184,588 $187,308 $187,308 

(National Institute of Justice—R&D) .............................................. (4,933) (5,200) (5,000) 

(Safe Start Program) ....................................................................... (9,866) (10,000) (10,000) 

(Transitional Housing Assistance) ................................................... (12,333) (15,000) (15,000) 

Grants to Encourage Arrest Policies ......................................................... 62,643 62,660 63,491 

Rural Domestic Violence Assistance Grants ............................................ 39,155 39,166 39,685 

Violence on College Campuses ................................................................. 9,052 9,054 9,175 

Civil Legal Assistance .............................................................................. 39,209 39,220 39,740 

Disabled Women ....................................................................................... 4,539 4,540 4,600 

Safe Haven Project ................................................................................... 13,890 13,894 14,078 

Educ. & Training for Disabled Female Victims ........................................ 7,153 7,155 7,250 

Other Violence Against Women Act Programs 

CASA (Special Advocates) ......................................................................... 11,738 11,846 11,897 

Training for Judicial Personnel ................................................................. 1,899 2,287 1,925 

Grants for Televised Testimony ................................................................ 970 986 983 

Training Programs .................................................................................... 4,356 4,958 4,415 

Stalking Database .................................................................................... 2,911 2,962 2,950 

Total ................................................................................................. 382,103 ........................ 387,497 

1 Some programs shown for display purposes only. They were in the budget request but under other account headings. 

39 

Funding included under this heading will continue to provide resources to expand units of law enforcement officers and prosecutors 

specifically targeted at crimes against women, to develop and implement effective arrest and prosecution policies to prevent, identify and respond to violent crimes against women, and to provide 

much needed victim services including specialized domestic violence court advocates to obtain protection orders. 

OFFICE OF JUSTICE PROGRAMS

The recommendation includes $2,205,479,000 for the Office of 

Justice Programs (OJP), which is $999,721,000 over the President’s 

request. Again this year, the budget request proposes merging all 

programs administered by OJP under the Justice Assistance heading. The Committee recommendation retains the account structure 

used in previous fiscal years and funds State and local law enforcement programs under different appropriation accounts. 

JUSTICE ASSISTANCE

The Committee recommends $227,466,000 for the Justice Assistance account, which is $2,610,000 above the enacted level. The Justice Assistance program includes assistance to States and localities 

in the form of research, evaluation, statistics, white collar crime, 

information sharing, missing children assistance, and victim assistance. In addition, funding for the management and administration 

of all grants provided through OJP is provided under this heading. 

The budget proposed merging all OJP programs under this heading. The table below compares the fiscal year 2006 recommendation 

to the fiscal year 2006 request for those programs recommended 

under this account heading. 

[In thousands of dollars] 

Program FY 2005 

Enacted 

FY 2006 1

Request 

FY 2006 

Recommendation 

National Institute of Justice ............................................................................. $54,265 $83,705 $56,000 

Bureau of Justice Statistics ............................................................................. 33,546 62,775 35,000 

National White Collar Crime ............................................................................. 8,880 3,171 9,000 

Regional Info Sharing System .......................................................................... 39,466 45,049 40,466 

Victim Assistance ............................................................................................. 7,893 — 3,000 

Missing Children Program ................................................................................ 46,274 38,812 48,000 

Management and Administration ..................................................................... 34,532 10,551 36,000 

Total ......................................................................................................... 224,856 .................... 227,466 

1 Some programs shown for display purposes only because they were in the budget request but under other account headings. 

National Institute of Justice.—The Committee recommendation 

provides $56,000,000 for the National Institute of Justice (NIJ). In 

addition, NIJ will receive funding under the Edward Byrne Justice 

Assistance Grants program, the Byrne Discretionary program, the 

Violence Against Women Prevention and Prosecution program, and 

the DNA Initiative. 

NIJ is the Nation’s primary source of research and development 

in the field of criminal justice. NIJ fosters innovation in law enforcement technologies and practices, investigates causes and patterns of crime, and informs the public of research and development 

findings. The Committee encourages NIJ to work with Federal law 

enforcement agencies in the development of law enforcement techVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00039 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
40 

nologies to ensure coordination of research and development efforts. 

The recommendation continues the current year level of funding 

for the Office of Law Enforcement Technology Commercialization, 

Inc., and for the Center for Rural Law Enforcement Technology 

and Training. The Committee supports the Border Research and 

Technology Center and recognizes the important technology assistance and technical information it has provided to Federal, State, 

and local law enforcement operations in the border region. 

The Committee understands that NIJ has administered most of 

the grant funding provided in previous Appropriations Acts for various forensic centers across the country. The Committee expects 

NIJ to submit a report to the Committee by August 1, 2005, on the 

possibility of transforming the current piecemeal approach into a 

competitive grant program that would enhance the impact of these 

centers. 

Missing Children.—The Committee recommendation provides $48,000,000 for the Missing Children Program for fiscal year 2006, 

which is $1,726,000 above the enacted level and $9,188,000 above 

the request. This program provides funds to combat crimes against 

children, particularly kidnapping and sexual exploitation. The 

Committee notes its disappointment that the request significantly 

reduced the amount available for the National Center for Missing 

and Exploited Children (NCMEC). 

The Committee is concerned about the perpetration of crimes 

against children via the Internet and is troubled by the failure of 

many Internet Service Providers (ISPs) to report at all, and the 

failure of some ISPs to report in a meaningful and useful way, 

about the apparent child pornography violations appearing on their 

servers, as required by 42 U.S.C. 13032. According to NCMEC, 

which is statutorily mandated to receive such reports and forward 

them to law enforcement, the reports often lack the content and 

clarity sufficient to form viable leads for law enforcement, or providers delete the underlying evidence from their servers before law 

enforcement has an opportunity to pursue an investigation. The 

Committee encourages the Department to consider whether clearer 

guidance to providers is required to remedy this problem. Accordingly, the Committee requests that the Department examine these 

issues and provide a report to the Committee detailing its analysis 

and conclusions within 90 days of enactment of this Act. 

The following table displays the Committee’s funding recommendation for this program: 

MISSING CHILDREN PROGRAM 

[In thousands of dollars] 

FY 2005 

enacted 

FY 2006 

request 

FY 2006 recommendation 

National Center for Missing and Exploited Children ............................... $23,580 $413,934 $24,000 

Jimmy Ryce Law Enforcement Training Center ........................................ 2,960 ........................ 3,000 

Internet Crimes Against Children Task Force .......................................... 13,320 14,500 14,500 

Missing and Exploited Children Office ..................................................... 1,480 1,480 1,500 

AMBER Alert Program ............................................................................... 4,934 5,000 5,000 

Undesignated Activities ............................................................................ ........................ 3,898 ..........................

Total ................................................................................................. 46,274 38,812 48,000 

41 

Regional Information Sharing System.—The Committee recommendation provides $40,466,000 for fiscal year 2006 for the Regional Information Sharing System (RISS), which is $1,000,000 

above the enacted level and $4,583,000 below the request. 

The RISS program maintains six regionally-based information 

sharing centers throughout the United States, which are connected 

electronically to form a nationwide network for the automated exchange of crime and terrorism information between Federal, State, 

and local agencies. The Committee is pleased with the Administration’s efforts to integrate RISS with the Law Enforcement On-Line 

(LEO) program and other information sharing programs. The Committee directs the Department to ensure that other inter-state information sharing systems funded by OJP and COPS utilize existing communications infrastructure and are compatible with RISS 

and LEO. 

Victim Assistance.—The recommendation includes $3,000,000 for 

the activities authorized by section 103 of the Justice for All Act, 

Public Law 108–405, to increase enforcement of crime victims’ 

rights. The Administration did not propose any funding for these 

activities. 

White Collar Crime Center.—The Committee recommends 

$9,000,000 for the National White Collar Crime Center, which is 

$120,000 above the enacted level and $5,829,000 above the request. 

This program provides training, technical assistance, and investigative support to State and local law enforcement to combat whitecollar and economic crimes such as fraud and identity theft. 

Management and Administration.—The Committee recommendation provides $36,000,000 in direct appropriations for the management and administration of OJP programs, which is $1,468,000 

above the enacted level. In addition, consistent with prior practice, 

reimbursable funding for management and administration costs 

will be made available from programs administered by OJP from 

the ‘‘Community Oriented Policing Services’’ account. Further, the 

Committee notes that remaining management and administration 

funding will be made available from the ‘‘Juvenile Justice Programs’’ and the ‘‘State and Local Law Enforcement Assistance’’ accounts, and that these funds will be transferred to and merged 

with the ‘‘Justice Assistance’’ account. The recommendation assumes a total management and administration budget of not more 

than $118,129,000, which is equal to the request. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

The Committee recommends a total of $1,001,296,000 for State 

and Local Law Enforcement Assistance programs. This amount is 

$1,001,296,000 above the request and $276,908,000 below the enacted level. The Committee does not adopt the Administration’s 

proposal to consolidate this appropriation under the Justice Assistance heading. 

The table below displays funding for programs recommended 

under this heading compared to the level of funds requested under 

the Justice Assistance account for the same activities. 

42 

[In thousands of dollars] 

FY 2005 

enacted 

FY 2006 1

request 

FY 2006 

recommendation 

Byrne Memorial Justice Assistance Grants .............................................. $625,531 ........................ $348,466

(Boys and Girls Clubs) .................................................................... (83,865) $60,000 (85,000) 

(USA Freedom Corps) ....................................................................... (2,467) ........................ ..........................

(National Institute of Justice) .......................................................... (9,866) ........................ (10,000) 

State Criminal Alien Assistance ............................................................... 300,926 ........................ 355,000 

Southwest Border Prosecutors .................................................................. 29,599 48,418 30,000 

Byrne Discretionary Grants ....................................................................... 167,756 ........................ 110,000 

Victims of Trafficking Grants ................................................................... 9,866 ........................ 10,000 

State Prison Drug Treatment .................................................................... 24,666 44,119 25,000 

Drug Courts ............................................................................................... 39,466 70,060 40,000 

Prescription Drug Monitoring .................................................................... 9,866 5,000 10,000 

Prison Rape Prevention and Prosecution ................................................. 36,506 10,175 40,000 

Capital Litigation ...................................................................................... ........................ 20,000 10,000 

Cannabis Eradication (previously under DEA) ......................................... ........................ 19,100 11,600 

Intell. State and Local Training ............................................................... 10,359 20,248 10,359 

Missing Alzheimer’s Patients .................................................................... 871 ........................ 871

Other ......................................................................................................... 22,792 ........................ ..........................

Total, State and Local Assistance ................................................... 1,278,204 ........................ 1,001,296

1 Some programs shown for display purposes only because they were in the budget request but under other account headings. 

Edward Byrne Memorial Justice Assistance Grants program.— 

The Committee recommendation includes $348,466,000 for the Edward Byrne Memorial Justice Assistance Grants program, as authorized by H.R. 3036, the Department of Justice Appropriation 

Authorization Act, Fiscal Years 2004 through 2006, as passed by 

the House on March 30, 2004. The recommendation is $348,466,000 

above the budget request. 

Funding under this program is authorized for (a) law enforcement programs; (b) prosecution and court programs; (c) prevention 

and education programs; (d) corrections and community corrections 

programs; (e) drug treatment programs; and (f) planning, evaluation, and technology improvement programs. Funding is not available for (a) vehicles, vessels, or aircraft; (b) luxury items; (c) real 

estate; or (d) construction projects. 

The formula used for distributing funds under this program allocates 50 percent of funding based on population, and 50 percent 

based on violent crime rates. The formula allocates 60 percent of 

funding to States and 40 percent to units of local government. 

Of the amount provided, $85,000,000 is for Boys and Girls Clubs. 

The Committee provides these funds to deter young people from entering gangs and participating in other criminal activities. 

In addition, $10,000,000 is for NIJ to assist local units of government to identify, select, develop, modernize, and purchase new 

technologies for use by law enforcement. 

The Committee is concerned about witness intimidation in areas 

with high violent crime. The Committee encourages localities to use 

JAG funds for witness protection costs in order to support the effective operation of the criminal justice system. 

State Criminal Alien Assistance Program.—The recommendation 

provides $355,000,000 for the State Criminal Alien Assistance Program (SCAAP) for reimbursement to States for the costs of incarceration of criminal aliens, which was again proposed for elimination in the budget request. The recommendation provides a 

$54,074,000 increase above the fiscal year 2005 level. 

43 

Southwest Border Prosecutions.—The Committee recommends 

$30,000,000 to provide assistance to State and local law enforcement agencies (including prosecutors, probation officers, courts, 

and detention facilities) along the southwest border with the handling and processing of drug and alien cases referred from Federal 

arrests. The recommendation is $401,000 above the fiscal year 2005 

level. 

Edward Byrne Discretionary Grants.—The Committee recommendation provides $110,000,000 for discretionary grants to 

help to improve the functioning of the criminal justice system with 

an emphasis on drugs, violent crime, and serious offenders. 

Within the amounts appropriated for discretionary grants, the 

Committee expects OJP to examine each of the following proposals, 

to provide grants if warranted, and to submit a report to the Committee on its intentions for each proposal: • Point Coupee Parish, LA, Sheriff’s Office; • Tulane University Domestic Violence Institute; • Texas Department of Public Safety; • Center for Immigration Studies; • Cook County, IL, Cold Case Unit; • Waukegan, IL, for an anti-gang initiative; • Women in Need Growing Stronger in Palatine, IL; • Peoria, IL, for a court automation project; • Yancey County, NC, Sheriff’s Office for law enforcement programs; • Drug Free Clay County in NC; • American Prosecutors Research Institute for an anti-gang prosecution program; • Gospel Rescue Ministries; • Mothers Against Drunk Driving; • National Obscenity Law Center; • National Institute on State Policy on Trafficking of Women and 

Girls; • Paul and Lisa Foundation; 

• National Law Center for Children and Families; 

• Shared Hope International for a domestic trafficking program; 

• Northern Virginia Criminal Justice Academy; 

• Securing Emergency Resources Through Volunteer Efforts 

(SERVE) for a re-entry program; 

• Virginia Community Policing Institute; 

• Northern Virginia Regional Gang Task Force; 

• Northwest Virginia Regional Drug Task Force; 

• City of Manassas Park, VA, Police Department for a neighborhood task force; 

• Pre-release and post-incarceration services programs for the 

Commonwealth of Virginia; 

• Court programs in the Commonwealth of Virginia to combat 

drug use and drug-related crime; 

• Virginia Attorney General’s Office for a computer crime unit 

and the Triad program; 

• Pacific Institute for Research and Evaluation, International Institute for Alcohol Awareness, for a training and technical assistance program for State and local law enforcement regarding liquor 

law enforcement; 

• William and Mary College’s Courtroom 21 project; 

44 

• Activities authorized by the Mentally Ill Offender Treatment 

and Crime Reduction Act, Public Law 108–414; 

• Center for Criminal Justice Technology; 

• Enough is Enough; 

• Protecting Children Against Sex Offenders in Fairfax County, 

VA; 

• Tahirih Justice Center in Falls Church, VA; 

• The Women’s Center in Vienna, VA; 

• Washington Metropolitan Area Drug Enforcement Task Force; 

• SEARCH Group; 

• National Citizens Crime Prevention Campaign; 

• Tarleton State University for rural law enforcement training 

programs; 

• Advance Law Enforcement Rapid Response Training 

(ALERRT); 

• Carlsbad, CA, for a law enforcement initiative; 

• Oakland County, MI, Sheriff’s Department for an offender reentry program; 

• Center for Court Innovation; 

• Prisoner reentry program in Louisville, KY; 

• Center for Women and Families, KY; 

• Las Vegas Metropolitan Police for law enforcement initiatives; 

• Drug Abuse Resistance Education (DARE) program; 

• Law enforcement initiatives in the State of Montana; 

• The Doe Fund’s Ready, Willing & Able program; 

• Operation UNITE for a drug enforcement, treatment and education program; 

• Washington County, NY, for law enforcement initiatives; 

• Phoenix House in Upstate New York; 

• Kansas Attorney General’s Office; 

• School resource officers program in Wichita, KS; 

• National Clearinghouse for Science and the Law at Stetson 

University College of Law; 

• National Forensic Science Technology Center in Largo, FL; 

• St. Petersburg College for law enforcement training; 

• Mentally ill jail diversion program in Pinellas County, FL; 

• Elder Justice Information Center at Stetson University College 

of Law; 

• Crime Communications Initiative in Salt Lake City, UT; 

• East Central University for law enforcement initiatives; 

• Anti-gang initiative in Fort Bend, TX; 

• Southwest Center for Public Safety Technology in Houston, TX, 

for a law enforcement initiative; 

• City of Springfield, MO, for a law enforcement initiative; 

• Los Angeles County, CA, Sheriff’s Department; 

• National Association for Court Management; 

• Kane County, IL, for mental health courts; 

• Phoenix House in Dallas, TX; 

• Ascension Parish Law Enforcement Training Center; 

• DuPage County, IL, Drug Court program; 

• National Institute of Justice’s Cyberscience Laboratory in 

Rome, NY; 

• City of Hemet, CA, to combat crime and gang activity; 

• Law enforcement research at Sam Houston University; 

45 

• National Association of Town Watch’s National Night Out 

crime prevention program; 

• Low Country law enforcement Information Technology Improvement Project; 

• Miami County, IN, Sheriff’s Department for a law enforcement 

initiative; 

• Utah Valley State College for law enforcement research; 

• Town of Culpeper, VA, Police Department for law enforcement 

initiatives; 

• City of Richmond, VA, for law enforcement initiatives; 

• Page County, VA, for law enforcement initiatives; 

• Culpeper County, VA, for law enforcement initiatives; 

• Nashville, TN, for a Drug Court program; 

• Orange County, CA, for the Integrated Law and Justice System; 

• Shoshone and Arapaho Tribal Courts; 

• Action in the Community through Service in Prince William 

County, VA; 

• An Achievable Dream in Newport News, VA; 

• University of Tennessee Law Enforcement Innovation Center: 

• City of Winston-Salem and Forsyth County, NC, for law enforcement technologies; 

• I-LEAD in Norristown, Reading, and Cotesville, PA; 

• Montgomery County, PA, for law enforcement initiatives; 

• Operation Blue Ridge Thunder; 

• Northwest Interagency Team Response Operation in Cameron, 

MO; 

• Vincennes University Center in Vincennes, IN, for law enforcement initiatives; 

• San Diego County Sexual Assault Felony Enforcement Task 

Force; 

• San Diego Family Justice Center; 

• California Western School of Law for a Pre-Arraignment Services Program; 

• Rural Justice Institute at Alfred University in Alfred, NY; 

• Hickory, NC, for a law enforcement training program; 

• Spokane County, WA, Sheriff’s Office for law enforcement programs; 

• Larimer County, CO, for law enforcement and prosecutorial 

initiatives; 

• Weld County, CO, for law enforcement initiatives; 

• Kristen’s Act; 

• Texas Tech University for law enforcement initiatives; 

• San Joaquin Valley Rural Crime Prevention; 

• Whiteclay, NE, for law enforcement initiatives; 

• National Center for Victims of Crime’s INFOLINK; 

• Police Athletic League for an anti-gang initiative; 

• National Sheriffs’ Association Pegasus program; 

• Navajo Nation, AZ, for law enforcement initiatives; 

• Monroe County, NY, for law enforcement equipment and research; 

• Clay County, AL, for a drug task force; 

• Orange County, CA, District Attorney Office for law enforcement technologies; 

46 

• Germantown, WI, Police Department for advanced technologies; • Check’Em Out Program; • Indiana State Police Department for anti-drug programs; • Anti-gang program in Columbus, OH; • Delaware County Community College Municipal Police Academy; • Center for Collaborative Network Security Development for a 

law enforcement program; • Fairleigh Dickinson University for a law enforcement initiative; • Roger Williams University for a law enforcement program; • Sexual Assault and Trauma Center of RI for law enforcement 

initiative; • San Francisco, CA, Ex-Offender Reentry Services; • Tubman Family Alliance for a law enforcement program; • Citizens Advice Bureau for a law enforcement initiative; • Alliance for Community Service for a law enforcement initiative; • CONNECT for a law enforcement program; • Urban Justice Center for a law enforcement initiative; • Claflin University for a law enforcement program; • Prince George’s County, MD, Violent Crime Unit; • Prince George’s County, MD, Firearms Reduction Education 

Program; • Children’s Home Society for a law enforcement initiative; • Prince George’s County, MD, for a prisoner reentry program; • Maryland Crime Victim’s Center; • Prince George’s County, MD, Domestic Violence Unit; • Tacoma, WA, Family Justice Center for a law enforcement initiative; • Albany, GA, Prisoner Reentry Programs; • Columbus, GA, A Child is Missing; • Williamsburg Technical College for a law enforcement training 

program; 

• Henry C. Lee Institute of Forensic Science National Cold Case 

Center; 

• Stop the Offenders Program, TX; 

• Salinas & Monterey, CA, joint gang drug task forces; 

• Safer Foundation; 

• Lucas County, OH, for a law enforcement initiative; 

• Westchester and Rockland County, NY, for crime prevention 

programs; 

• Bronxville, NY, for a law enforcement program; 

• National Corrections and Law Enforcement Training and Technology Center; 

• Steganography Analysis and Research Center; 

• Communication network enhancements for rural law enforcement; 

• Crime data analysis and law enforcement research programs; 

• Glenville State College for a law enforcement initiative; 

• Marshall University ATI for law enforcement training and 

equipment; 

• Town of Harrison, NY, Police Department for equipment; 

• Village of Elmsford, NY, for law enforcement equipment; 

47 

• Pace University Women’s Justice Center, NY, for a law enforcement initiative; • Middlesex, MA, Sheriff’s Office; • St. Francis House Prisoner Re-entry program; • On-site Academy’s Law Enforcement Program; • A Child is Missing, MA; • Phoenix, AZ, for a law enforcement initiative; • Durham County, NC, for a law enforcement program; • Orange-Person-Chatham Area, NC, for a law enforcement initiative; • Bergen County, NJ, Justice Center Security Enhancements; • Hawaii’s State Interagency Council on Intermediate Sanctions 

law enforcement initiative; • Eastern Kentucky University law enforcement programs; • Southern Illinois University Carbondale—Center for Rural Violence and Prevention; • Second Chance Prisoner Reentry Program; • Illinois State Police; • San Diego, CA, Crisis Intervention Response Team; • Palm Beach County, FL, for a gang violence reduction program; • Minnehaha County, ND, for a law enforcement program; • City of Independence, OR—Independence/Polk County Drug 

Enforcement Team; • Suffolk and Commack, NY, for law enforcement initiatives; • Long Island, NY, for a law enforcement program; • Hope Center Recidivism Prevention Consortium; • Oakland, CA, for a law enforcement program; • Fulton County, GA, Sheriff’s Department; • City of Atlanta, GA, for a Conflict Resolution Program; • Georgia State University Reentry Program; • Atlanta, GA, Department of Corrections, Women’s Residential 

Treatment Program; • Marymount Manhattan College, NY, for a law enforcement initiative; 

• Excelsior College, NY, for a law enforcement initiative; 

• COPS in Schools Program, CA; 

• Neighborhood Preservation Initiative of KS for a law enforcement initiative; 

• Fond du Lac, MN, for a law enforcement program; 

• Fifth Avenue Committee for a law enforcement initiative; 

• Catholic Community Services, NJ, for a law enforcement program; 

• Heritage Community Development Corporation, IL, for a reentry program; 

• South Gate, CA, for a law enforcement initiative; 

• Garden Grove, CA, Anti-trafficking Task Force; 

• Santa Ana, CA, Police Department; 

• Solano County, CA, for a law enforcement initiative; 

• Barnstable County, MA—Drug Court Treatment Program; 

• A Child is Missing, GA; 

• City of Rialto, CA—Police Preparedness Project; 

• Northwest Fund Community Enhancement Program; 

• State of Iowa—Prescription Drug/Over Counter Alert System; 

• Family Justice, NY, for a law enforcement program; 

48 

• Prince George’s County, MD—Re-entry Task Force; • FDRC, Inc. Men United Program for a law enforcement initiative; • West Mt. Airy, PA, Against Drugs (MANAD); • Lacy Lakeview and Bellmead Police, TX; • Baltimore County, MD, Villa Julie College for a law enforcement initiative; • Matthew House to provide services for ex-offenders; • Operation Take Back Narcotics program; • County of Madison, AL, for a drug court program; • Thomas Edison State College for a law enforcement program; • South Coast, OR, Interagency Narcotics Team; • Regional Law Enforcement Training Center; • Cylab Cybersecurity law enforcement program; • Pittsburgh, PA, for a law enforcement program; • Project Peacemaker for a law enforcement program; • Native Americans into Law for a law enforcement program; • Minneapolis Community and Technical College for a law enforcement program; • Coppin State University for a law enforcement program; • Portsmouth, VA, jail diversion program for the mentally-ill; • The Women’s Center, in Fairfax, VA; • Westside Holistic Family Services for ex-offenders; and • Denver Rescue Mission for a law enforcement initiative. 

Harold Rogers Prescription Drug Monitoring Program.—The recommendation includes $10,000,000 for the Harold Rogers Prescription Drug Monitoring Program to assist States in building or enhancing prescription drug monitoring systems, facilitating the exchange of information among States, and providing technical assistance and training on establishing and operating effective prescription drug monitoring programs. This amount is $134,000 above the 

enacted level and $5,000,000 above the request. 

Prison Rape Prevention and Prosecution.—The Committee’s recommendation provides $40,000,000 to implement the Prison Rape 

Elimination Act of 2003 (Public Law 108–79). This amount is 

$3,494,000 above the enacted level and $29,825,000 above the request. The Committee is disappointed that the Administration’s request for this program significantly reduces funding for the program and believes this action demonstrates a lack of commitment 

in fully implementing the Prison Rape Elimination Act. 

The recommendation provides $15,000,000 for the collection of 

statistics, data and research as authorized by section 4 of the Act; 

$1,000,000 for the National Institute of Corrections for a national 

clearinghouse, training, and education, as authorized by section 5 

of the Act; $21,825,000 for grants to States to protect inmates and 

safeguard communities, as authorized by section 6 of the Act; and 

$2,175,000 to be transferred to the National Prison Rape Elimination Commission. 

The Committee understands that experts have conservatively estimated that at least 13 percent of the inmates in the United 

States have been sexually assaulted in prison and that many inmates have suffered repeated assaults. Under this estimate, nearly 

200,000 inmates now incarcerated have been, or will be, the victims 

of prison rape. The total number of inmates who have been sexually assaulted in the past twenty years likely exceeds 1,000,000. 

49 

The Committee understands that prison rape contributes to the 

spread of sexually-transmitted diseases, such as HIV and AIDS. 

The Committee also recognizes that mentally ill and juvenile inmates are particularly vulnerable to sexual victimization. The 

Committee further understands that most prison staff are not adequately trained or prepared to prevent, report, or treat inmate sexual assaults, and that prison rape often goes unreported. The Committee is deeply troubled by these statistics and hopes the Administration will fully support this program in future budget requests. 

Victims of Trafficking.—The recommendation includes 

$10,000,000 for victims’ services programs to provide assistance to 

victims of trafficking, as authorized by the Victims of Trafficking 

and Violence Protection Act of 2000. This amount is $134,000 above 

the enacted level and $10,000,000 above the request. Once again, 

the Committee is disappointed that the Administration continues 

to propose the elimination of this program. According to the Central Intelligence Agency, between 18,000 and 20,000 people are 

trafficked into the United States annually. The Committee believes 

the Administration must continue to work to address these crimes 

and must provide sufficient resources to address the needs of the 

victims of this horrific crime. 

Improving State and Local Law Enforcement Intelligence Capabilities.—The recommendation includes $10,359,000 for the implementation of the National Criminal Intelligence Sharing Plan and 

the efforts of the Global Justice Information Sharing Initiative. The 

Committee directs that this funding be used to support training for 

State and local law enforcement on the intelligence process, including planning, collection, analysis, dissemination and reevaluation. 

This program should continue to provide support for training in the 

use of intelligence as a tool in identifying pre-incident indicators. 

It should also include training to ensure that law enforcement officials are protecting individuals’ privacy, civil rights, civil liberties, 

and constitutional rights while gathering intelligence. The Committee also expects these funds to be available to promote the use 

of information technology standards among law enforcement to ensure that that data can be exchanged across disparate information 

systems. 

Capital Litigation.—The recommendation includes $10,000,000 

for activities authorized by Subtitle B of the Justice for All Act of 

2004, Public Law 108–405. 

WEED AND SEED PROGRAM FUND

The recommendation provides $50,000,000 for the Weed and 

Seed program, which is $11,172,000 below the fiscal year 2005 

level. The budget proposed merging the Weed and Seed program 

under the Justice Assistance account. 

COMMUNITY ORIENTED POLICING SERVICES

The Committee recommendation includes $520,057,000 for the 

Community Oriented Policing Services (COPS) program for fiscal 

year 2006. The table below displays funding for programs recommended under this heading compared to the funding requested 

for the same activities under this heading and under the Justice 

Assistance account. 

50 

[In thousands of dollars] 

Program FY 2005 

enacted 

FY 2006 1

request 

FY 2006 

recommendation 

Hiring .................................................................................................... $9,866 .......................... ..........................

Training and Technical Assistance ...................................................... 14,800 $7,000 ..........................

Tribal Law Enforcement ........................................................................ 19,733 51,600 $38,000 

Meth Hot Spots ..................................................................................... 51,854 20,000 60,000 

Law Enforcement Technologies and Interoperable Communications ... 136,763 .......................... 120,000 

Interoperable Communications ............................................................. 98,664 .......................... ..........................

Safe Schools Program ........................................................................... 4,268 .......................... ..........................

Police Integrity Grants .......................................................................... 7,400 10,000 ..........................

Management and Administration ......................................................... 29,599 29,181 ..........................

Prior Year Balances (Rescission) ......................................................... .......................... (95,500) ..........................

Bullet-Proof Vests ................................................................................. 24,666 29,939 30,000 

Police Corps .......................................................................................... 14,800 .......................... ..........................

Criminal Records Upgrade .................................................................... 24,666 58,180 25,000 

DNA Initiative ........................................................................................ 108,531 177,057 177,057 

Paul Coverdell Forensic Science ........................................................... 14,800 .......................... ..........................

Crime Identification Technology Act ..................................................... 28,070 .......................... ..........................

Project Safe Neighborhoods .................................................................. .......................... 73,792 ..........................

Anti-Gang Initiative .............................................................................. .......................... .......................... 60,000 

Offender Re-Entry ................................................................................. 9,866 15,000 10,000 

Grand Total .............................................................................. 598,346 .......................... 520,057 

1 Some programs shown for display purposes only because they were in the budget request but under other account headings. 

Tribal Law Enforcement.—The recommendation includes 

$38,000,000 for tribal law enforcement efforts. The recommendation combines funds in this heading with funds previously appropriated under State and Local Law Enforcement Assistance. These 

funds are intended to meet the most pressing needs of tribes, including law enforcement hiring, equipment, and training, court improvement projects, and alcohol and substance abuse reduction programs. 

Methamphetamine Enforcement and Clean-Up.—The Committee 

recommends $60,000,000 to combat methamphetamine production 

and distribution, to target drug ‘‘hot spots,’’ and to remove and dispose of hazardous materials at clandestine methamphetamine labs. 

This amount is $8,146,000 above the enacted level and $40,000,000 

above the request. The Committee is aware that the production, 

trafficking, and abuse of methamphetamine, an extremely destructive and addictive synthetic drug, continues to be a serious national 

problem. 

Within the amount provided, the Committee has included $20,000,000 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 and to initiate container programs, including funds for 

training, technical assistance, and purchase of equipment to adequately remove and store hazardous waste. 

The Committee expects the COPS Program Office, in consultation with DEA, to examine each of the following proposals, to provide grants if warranted, and to submit a report to the Committee 

on its intentions for each proposal: • Grant Parish, LA, Sheriff’s Office; • Virginia State Police in cooperation with the Northwest Virginia Regional Drug Task Force and the Harrisonburg Drug Task 

Force; • Partnership for a Drug Free America to provide technical assistance to State and local law enforcement to address meth; 

51 

• Rutherford County, NC, methamphetamine initiative; • Alabama Sheriffs’ Association Methamphetamine Program; • California Methamphetamine Strategy (CALMS); • Washington State Methamphetamine Initiative; • South Central Missouri Drug Task Force; • Southeast Missouri Drug Task Force; • Mineral Area Drug Task Force; • City of Tuscon, AZ, Police Department; • TEMPEST for on-going anti-meth activities in PA; • Methamphetamine Task Force in East Tennessee; • Polk County, FL, methamphetamine initiative; • Metropolitan Drug Enforcement Team in the Kanawha Valley, 

WV; • Jefferson County, CO, methamphetamine interdiction and response; • West Tennessee Methamphetamine Task Force; • Arkansas Meth Hot Spots Initiative; • FIVCO Area Drug Enforcement Task Force, KY; • Minnesota Methamphetamine Hot Spots Initiative; • Franklin County, MO, Sheriff’s Department for Operation 

CHEM; • Regional Training Center in Sioux Center, IA; • Daviess County, KY, regional methamphetamine eradication 

program; • Oklahoma State Bureau of Narcotics and Dangerous Drug 

Control; • Louisiana Methamphetamine Task Force; • Nebraska State Patrol for methamphetamine initiative; • Southwest Mississippi Narcotics Enforcement Unit; • Cherokee County, AL, for a Drug & Violent Crime Task Force; • Southeastern Illinois Regional Planning & Development Commission for meth initiatives; • Integrating Systems Against Methamphetamine Abuse project; • City of Ottawa, IL, antidrug coalition; 

• Pennyrile Narcotics Task Force; 

• Morgan County, AL, Sheriff’s Department Methamphetamine 

Enforcement; 

• City of Scottsboro, AL, Police Department Methamphetamine 

Enforcement; 

• Alabama District Attorneys’ Association Methamphetamine 

Enforcement; 

• Minot State University, ND, Rural Methamphetamine Education Demonstration Project; 

• Woodland, CA, for Methamphetamine Enforcement; 

• State of Iowa—Methamphetamine Demand and Diversion Reduction; 

• Marion County, OR, Breaking Meth Addiction; 

• New York City, NY, for a methamphetamine prevention, treatment and research initiative; 

• White Earth Reservation Tribal Nations, MN, Methamphetamine Initiative; 

• Jackson County, MS, Sheriff’s Office, Methamphetamine Initiative; 

• Cities of Manchester and Tullahoma, TN; 

• Methamphetamine Education and Prevention Campaign; 

52 

• Tennessee 13th Judicial District/Middle Tennessee Methamphetamine Task Force; 

• Tennessee Tech University Methamphetamine Detection and 

Remediation Research; 

• Lane County, OR, Methamphetamine Abatement Initiative; 

• City of Columbia, SC, Methamphetamine Initiative; 

• Williamsburg County, SC, Sheriff’s Department Methamphetamine Enforcement; 

• Town of Santee, SC, Police Department Methamphetamine Enforcement; 

• Methamphetamine Awareness and Prevention Project, SD; 

• Methamphetamine Awareness and Prevention Project, ND; 

• Lincoln County, OR, methamphetamine initiative; 

• Los Angeles, CA, methamphetamine program; and 

• Manua Against Drugs (MAD), Methamphetamine Initiative. 

Law Enforcement Technologies and Interoperable Communications Program.—The Committee recommendation provides 

$120,000,000 for continued development of technologies and automated systems to assist State and local law enforcement agencies 

in investigating, responding to and preventing crimes, and gathering and analyzing information, and for the continued development of interoperable communications systems for State and local 

law enforcement entities. In particular, the Committee recognizes 

the importance that sharing information among State and local law 

enforcement agencies can have in preventing crimes and in identifying and apprehending criminals. The Department of Justice 

should continue the interoperable communications grant program 

to the maximum extent possible. 

In examining all grant applications under this program, the 

COPS Office is directed to ensure that proposals meet equipment 

standards adopted by the National Institute of Justice and the Bureau of Justice Assistance within the Office of Justice Programs, 

and the Office of Law Enforcement Standards within the National 

Institute of Standards and Technology. 

Within the amount provided, the Committee expects the COPS 

office to examine each of the following proposals, to provide grants 

if warranted, if each application complies with the direction provided above, and to submit a report to the Committee on its intentions for each proposal. 

• New Roads, LA, Police Department for law enforcement technologies; 

• Southside Virginia law enforcement agencies for law enforcement technologies; 

• Lake County, IL, for law enforcement technologies; 

• Northwest Chicago, IL, for law enforcement technologies; 

• Peoria County, IL, for law enforcement technologies; 

• Logan County, IL, for law enforcement technologies; 

• Clarke County, VA, Sheriff’s Office for law enforcement technologies; 

• Fairfax County, VA, Police Department for law enforcement 

technologies; 

• Fauquier County, VA, Sheriff’s Office for law enforcement technologies; 

• City of Fairfax, VA, for law enforcement technologies; 

53 

• Frederick County, VA, Police Department for law enforcement 

technologies; • Leesburg, VA, Police Department for law enforcement technologies; • Loudoun County, VA, Sheriff’s Department for law enforcement technologies; • Herndon, VA, Police Department for law enforcement technologies; • City of Manassas, VA, Police Department for law enforcement 

technologies; • City of Manassas Park, VA, Police Department for video equipment for police vehicles; • Prince William County, VA, Police Department for law enforcement technologies; • Warren County, VA, Sheriff’s Department for law enforcement 

technologies; • Winchester, VA, Police Department for law enforcement technologies; • Winchester, VA, Sheriff’s Department for law enforcement 

technologies; • Statewide records management system for Virginia law enforcement; • Integrated Criminal Justice Information System for the State 

of Virginia; • Law enforcement communications planning in the State of Virginia; • Law enforcement technologies for the Middle Rio Grande Border Region of Texas; • Jacksonville, FL, Sheriff’s Office for law enforcement technologies; • San Diego County, CA, Sheriff’s Department for automation infrastructure upgrades; • City of Roseville, CA, Police Department for law enforcement 

technologies; 

• Placer County, CA, for law enforcement technologies; 

• Nevada County, CA, for law enforcement technologies; 

• Sierra County, CA, Sheriff’s Department for law enforcement 

technologies; 

• Grass Valley, CA, Police Department for law enforcement technologies; 

• Morris County, NJ, Police Department for law enforcement 

technologies; 

• Sussex County, NJ, Police Department for law enforcement 

technologies; 

• Somerset County, NJ, Police Department for law enforcement 

technologies; 

• West Essex Portion of Essex County, NJ, Police Department 

for law enforcement technologies; 

• Law enforcement technologies for Clark, Greene, Fayette, and 

Pickaway Counties, OH; 

• Law enforcement technologies for the Ohio State Highway Patrol; 

• Law enforcement technologies for the State of Oklahoma; 

• Lanier County, GA, Sheriff’s Department for law enforcement 

technologies; 

54 

• Oakland County, MI, Sheriff’s Department for law enforcement 

technologies; 

• Law enforcement technologies for the City of Tucson, AZ, Police Department and Pima County, AZ, Police Department; 

• Cochise County, AZ, Sheriff’s Department for law enforcement 

technologies; 

• Midwest Forensics Resource Center, IA; 

• Iowa State University for a cyber crime program; 

• Howard County, IA, Sheriff’s Department for law enforcement 

technologies; 

• San Bernardino County, CA, and Riverside County, CA, Sheriffs’ Departments for a regional fingerprint identification project; 

• East Valley Community Justice Center; 

• City of San Bernardino, CA, Police Department for mobile data 

terminals; 

• San Bernardino County, CA, for an electronic crime reporting 

system; 

• Redlands, CA, Police Department for a crime mapping program; 

• Louisville, KY, Metro Police Department for mobile data terminals; 

• West Buechel, KY, Police Department for law enforcement 

technologies; 

• Stark County, OH, Sheriff’s Department for law enforcement 

technologies; 

• Law enforcement technologies for Wyoming and Lackawanna, 

PA; 

• Continued participation of Idaho in the Criminal Information 

Sharing Alliance Network; 

• City of Hudson, NY, Police Department for law enforcement 

technologies; 

• Onondaga County, NY, Sheriff’s Office for law enforcement 

technologies; 

• City of Syracuse, NY, Police Department for law enforcement 

technologies; 

• Electronic filing system for the Three Rivers Planning District, 

MS; 

• Webb City, MO, for law enforcement technologies; 

• Polk County, MO, for law enforcement technologies; 

• Greene County, MO, for law enforcement technologies; 

• Jasper County, MO, for law enforcement technologies; 

• Berkeley County, WV, Sheriff’s Department for law enforcement technologies; 

• Harpers Ferry, WV, Police Department for law enforcement 

technologies; 

• In-Car Video Cameras in the State of West Virginia; 

• Rancho Cucamonga, CA, for law enforcement technology testing and evaluation; 

• Bartow County, GA, for law enforcement technologies; 

• Kane County, IL, Sheriff’s Office for for law enforcement technologies; 

• Naperville and Aurora, IL, for law enforcement technologies; 

• Klickitat County, WA, Sheriff’s Department for law enforcement technologies; 

55 

• City of Pleasant Grove, AL, Police Department for a records 

management system; • City of Arlington, TX, for law enforcement technologies; • Pasco County, FL, Sheriff’s Office for law enforcement technologies; • Team Focus Mentoring and Education Program for at-risk 

youth; • Calcasieu Parish, LA, for law enforcement technologies; • Hernando County, FL, for an integrated criminal history 

project; • City of Denton, TX, Police Department for law enforcement 

technologies; • City of Corona, CA, Police Department for law enforcement 

technologies; • Page County, VA, Sheriff’s Office for law enforcement technologies; • Automated Fingerprint Identification System for Delaware; • City of Cincinnati, OH, Police Department for a records management system; • City of Mishawaka, IN, for law enforcement technologies; • San Angelo, TX, Police Department for law enforcement technologies; • City of High Point, NC, Police Department for law enforcement 

technologies; • West Pottsgrove Township, PA, for law enforcement technologies; • Wilson Borough, PA, Police Department for law enforcement 

technologies; • Northampton Borough, PA, Police Department, for law enforcement technologies; • Fountain Hill, PA, Police Department, for law enforcement 

technologies; • Emmaus Borough, PA, Police Department for law enforcement 

technologies; 

• Child Abuse Center in Norfolk, VA; 

• Norfolk, VA, Police Department for law enforcement technologies; 

• Virginia Beach, VA, Police Department for law enforcement 

technologies; 

• Accomack County, VA, Sheriff’s Office for law enforcement 

technologies; 

• Northampton, VA, Sheriff’s Office for law enforcement technologies; 

• City of Luverne, AL, Police Department for an automated fingerprint identification system; 

• Florida Law Enforcement Consortium for law enforcement 

technologies; 

• Borough of Flemington, NJ, Police Department for law enforcement technologies; 

• Bridgewater, NJ, for law enforcement technologies; 

• South Bound Brook, NJ, for law enforcement technologies; 

• Township of Branchburg, NJ, for law enforcement technologies; 

• Borough of Bound Brook, NJ, Police Department for law enforcement technologies; 

• Bristol Township, PA, for law enforcement technologies; 

56 

• Hendry County, FL, Sheriff’s Department for law enforcement 

technologies; • City of Chesapeake, VA, for law enforcement technologies; • City of Suffolk, VA, for law enforcement technologies; • Chesterfield County, VA, for law enforcement technologies; • Wight County, VA, for law enforcement technologies; • Nebraska State Patrol for law enforcement technologies; • Municipality of Fajardo, PR, for law enforcement technologies; • Municipality of San Sebastian, PR, for law enforcement technologies; • Iredell County, NC, Sheriff’s Office for law enforcement technologies; • City of Glendale, AZ, for law enforcement technologies; • Ventura County, CA, Sheriff’s Department for law enforcement 

technologies; • Sandusky County, OH, for law enforcement technologies; • Shenandoah County, VA, law enforcement technologies; • Outagamie County, WI, Police Department for law enforcement 

technologies; • Hardee County, FL, for law enforcement technologies; • Sarasota County, FL, for law enforcement technologies; • Cabarrus County, NC, for law enforcement technologies; • Cumberland County and City of Fayeteville, NC, for law enforcement technologies; • Mesa, AZ, Police Department for law enforcement technologies; • Sevier County, TN, Sheriff’s Department and the Sevierville, 

Gatlinburg, and Pigeon Forge, TN, Police Departments for law enforcement technologies; • Jefferson Parish, LA, Sheriff’s Office for law enforcement technologies; • Village of Bethany, IL, Police Department for law enforcement 

technologies; • CriMNet in Minnesota; • Russell Township, OH, Police Department for the Chagrin Valley Enforcement Group; 

• County of Calaveras, CA, Sheriff’s Department for law enforcement technologies; 

• Technology enhancements for law enforcement agencies in 

Northwest Illinois; 

• City of Brenham, TX, Police Department for mobile data terminals; 

• Putnam County, FL, for law enforcement technologies; 

• Technology upgrades for law enforcement agencies in Macomb 

County, MI; 

• City of Rancho Santa Margarita, CA, Police Department for 

law enforcement technologies; 

• Kansas Bureau of Investigation for law enforcement technologies; 

• Allegheny County, PA, for law enforcement technologies; 

• City of Monroe, NC, Police Department for law enforcement 

technologies; 

• Bosque Farms, NM, Police Department for law enforcement 

technologies; 

• Delaware County, IN, for law enforcement technologies; 

• York, PA, Police Department for in-car video equipment; 

57 

• Contra Costa County, CA, for the ARIES Integrated Justice 

System; 

• Columbus, OH, Police Department for in-car cameras; 

• City of Sonora, CA, for law enforcement technologies; 

• San Carlos Apache Tribe in Arizona law enforcement technologies; 

• Wyoming County, NY, for law enforcement technologies; 

• Genesee/Finger Lakes region for law enforcement technologies; 

• Lee County, AL, Sheriff’s Department for law enforcement 

technologies; 

• Key West, FL, Police Department for law enforcement technologies; 

• Neosho County, KS, for the Southeast Kansas regional in-car 

digital video project; 

• Stamford, CT, for law enforcement technologies; 

• Bedford County, PA, Police Department for law enforcement 

technologies; 

• University of Connecticut for law enforcement technology research; 

• Brick Township, NJ, for law enforcement technologies; 

• Manchester Township, NJ, for law enforcement technologies; 

• City of Gainesville and Alachua County, FL, for law enforcement technologies; 

• Kern County, CA, Sheriff’s Department for mobile data terminals; 

• San Luis Obispo County, CA, Sheriff’s Department for law enforcement technologies; 

• Kalamazoo, MI, Justice Integrated Information Management 

System; 

• Umatilla County, OR, for a rural law enforcement technology 

project; 

• Wasilla, AK, Police Department for law enforcement technologies; 

• Kankakee County, IL, Sheriff’s Office for law enforcement technologies; 

• Bernalillo County, NM, for law enforcement technologies; 

• Southeast Law Enforcement Center for law enforcement technologies; 

• AMBERVIEW for a law enforcement technology program; 

• In-Car Video Camera Initiative in WA; 

• ALC for a law enforcement technology program; 

• Red Lake Band of Chippewa Indians, MN, for a law enforcement technology program; 

• Charlevoix-Cheboygan, MI, for a law enforcement technology 

program; 

• Chippewa County, MI, for a law enforcement technology program; 

• Madison County, MI, for a law enforcement technology program; 

• Grimes County, TX, for a law enforcement technology program; 

• City of Madison, AL, for a law enforcement technology program; 

• Somerdale Borough, NJ, for a law enforcement technology program; 

58 

• North Courtland, AL, for a law enforcement technology program; • Anderson, AL, for a law enforcement technology program; • Decatur, AL, for a law enforcement technology program; • Ohio County, WV, for a law enforcement technology program; • El Paso, TX, for a law enforcement technology program; • Jasper County, GA, for a law enforcement technology program; • Colquitt County, GA, for a law enforcement technology program; • City of Moutrie, GA, for a law enforcement technology program; • City of Warwick, GA, for a law enforcement technology program; • Newton County, GA, for a law enforcement technology program; • City of Poulan, GA, for a law enforcement technology program; • Monroe County, NY, for a law enforcement technology program; • City of Jonesboro, AR, for a law enforcement technology program; • Crittenden County, AR, for a law enforcement technology program; • Village of Hometown, IL, for a law enforcement technology program; • Miller County, GA, for a law enforcement technology program; • Maplewood, MN, for a law enforcement technology program; • Mounds View, MN, for a law enforcement technology program; • North Saint Paul, MN, for a law enforcement technology program; • White Bear Lake, MN, for a law enforcement technology program; • Saint Paul Park, MN, for a law enforcement technology program; • Milan, IL, for a law enforcement technology program; 

• Borough of Oceanport, NJ, for a law enforcement technology 

program; 

• Flat Rock, MI, for a law enforcement technology program; 

• Covina, CA, for a law enforcement technology program; 

• West Covina, CA, for a law enforcement technology program; 

• Secaucus, NJ, for a law enforcement technology program; 

• Edgewater, NJ, for a law enforcement technology program; 

• Santa Monica, CA, for a law enforcement technology program; 

• Fremont, CA, for a law enforcement technology program; 

• Griffin, GA, for a law enforcement technology program; 

• San Mateo County, CA, for a law enforcement technology program; 

• Island County, WA, for a law enforcement technology program; 

• Harrodsburg, KY, for a law enforcement technology program; 

• Woodbridge Township, NJ, for a law enforcement technology 

program; 

• Hudson County, NJ, for a law enforcement technology program; 

• Bayonne, NJ, for a law enforcement technology program; 

• Johnson County, KS, for a law enforcement technology program; 

59 

• Warren, RI, for a law enforcement technology program; • Providence, RI, for a law enforcement technology program; • West Linn, OR, for a law enforcement technology program; • Gladstone, OR, for a law enforcement technology program; • East Hazel Crest, IL, for a law enforcement technology program; • Matteson, IL, for a law enforcement technology program; • Solano County, CA, for a law enforcement technology program; • Westchester and Rockland Counties, NY, for a law enforcement 

technology program; • Hennepin County, MN, for a law enforcement technology program; • Lorain County, OH, for a law enforcement technology program; • Montebello, CA, for a law enforcement technology program; • Novato, CA, for a law enforcement technology program; • Grand Junction, CO, for a law enforcement technology program; • Southampton Village, NY, for a law enforcement technology 

program; • Orange County and Hillsborough, NC, for a law enforcement 

technology program; • Cary, NC, for a law enforcement technology program; • Lucas County, OH, for a law enforcement technology program; • York County/Rock Hill, SC, for a law enforcement technology 

program; • City of Middletown, NY, for a law enforcement technology program; • Vestal, NY, for a law enforcement technology program; • Waterbury, CT, for a law enforcement technology program; • Inglewood, CA, for a law enforcement technology program; • Gardena, CA, for a law enforcement technology program; • Curry County, OR, for a law enforcement technology program; • Linn County, OR, for a law enforcement technology program; • Brunswick County, NC, for a law enforcement technology program; 

• Sandy City, UT, for a law enforcement technology program; 

• Dallas, TX, for a law enforcement technology program; 

• North Worcester County, MA, for a law enforcement technology program; 

• Southwick, MA, for a law enforcement technology program; 

• Sumter County, SC, for a law enforcement technology program; 

• Walterboro, SC, for a law enforcement technology program; 

• Kitsap County, WA, for a law enforcement technology program; 

• Tacoma, WA, for a law enforcement technology program; 

• Sun Prairie, WI, for a law enforcement technology program; 

• Columbus, WI, for a law enforcement technology program; 

• Prince George’s County, MD, for a law enforcement technology 

program; 

• Hammond, IN, for a law enforcement technology program; 

• Gary, IN, for a law enforcement technology program; 

• County of San Bernardino, CA, for a law enforcement technology program; 

• Ontario, CA, for a law enforcement technology program; 

• Fontana, CA, for a law enforcement technology program; 

• East Chicago, IN, for a law enforcement technology program; 

60 

• Smithfield, RI, for a law enforcement technology program; • Downey, CA, for a law enforcement technology program; • Bell Gardens, CA, for a law enforcement technology program; • Prince George’s County, MD, for law enforcement equipment; • Stockton, CA, for a law enforcement technology program; • North Hempstead, NY, for a law enforcement technology program; • Las Vegas, NV, for a law enforcement technology program; • Anne Arundel County, MD, for a law enforcement technology 

program; • Lexington, AL, for a law enforcement technology program; • County of Madison, AL, for a law enforcement technology program; • Ogemaw, MI, for a law enforcement technology program; • Phoenix, AZ, for technology to combat crime and terrorism; • Rockledge Borough, PA, and New Hanover Township, PA, for 

law enforcement technology programs; • Baltimore City Police Department, MD, for a law enforcement 

technology program; and • Hillsborough, FL, for a law enforcement technology program. 

Bulletproof Vests.—The Committee recommendation includes 

$30,000,000 for continuation of the Bulletproof Vest program to assist State and local law enforcement in purchasing bullet and stab 

resistant vests. This level is $61,000 above the request and 

$5,334,000 above the current year. The recommendation includes 

bill language making $3,000,000 available for the testing and research related to bulletproof vests. The Committee is concerned 

that some State and local agencies may not be promptly distributing vests purchased with grant funds from this program. The 

Committee directs the Department to ensure that grantees distribute vests in a timely manner. 

Criminal History Record Upgrades.—The Committee recommendation includes $25,000,000 for the Criminal Records Upgrade program. This is an increase of $334,000 above the fiscal 

year 2005 level and is $33,180,000 below the request. The goal of 

this program is to ensure that accurate records are available for 

use in law enforcement, including sex offender registry requirements, and to permit States to identify ineligible firearm purchasers, persons ineligible to hold positions involving children, the 

elderly, or the disabled, and persons subject to protective orders or 

wanted, arrested, or convicted of stalking and/or domestic violence. 

This program helps States build their infrastructure to connect to 

national record check systems both to supply information and to 

conduct the requisite checks. 

DNA Initiative.—The Committee recommendation is 

$177,057,000 for a DNA and forensics initiative, $68,526,000 above 

the current year level and the same as the request. 

The recommendation fully funds the next investment to eliminate the DNA backlog in five years. The Committee recognizes that 

DNA technology will allow law enforcement to identify certain 

criminals quickly and accurately, solve additional crimes, especially 

violent crimes such as murder and rape, and identify persons mistakenly accused or convicted of crimes. Funds are available for the 

following activities: (1) reduce the backlog of DNA samples; (2) increase State and local lab capacity; (3) conduct research, developVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00060 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
61 

ment, demonstrations, and evaluations; (4) provide training and 

technical assistance; (5) identify missing persons and unidentified 

remains; and (6) test DNA after convictions. 

Anti-Gang Initiative.—The Committee recommends $60,000,000 

for a new anti-gang initiative modeled on the Project Safe Neighborhoods program. The Committee appreciates and supports the 

Attorney General’s efforts to strengthen Department-wide efforts to 

combat gang violence and the appointment of an Assistant U.S. Attorney in each judicial district as an anti-gang coordinator to prepare a comprehensive, district-wide strategy—in consultation with 

partners from Federal and local law enforcement, social services 

providers, and community and faith-based groups—to coordinate 

anti-gang activity. The recommendation includes $60,000,000 for 

grants to implement these strategies. The funding is intended to 

support additional enforcement and prevention activities. 

Offender Reentry.—The Committee recommends $10,000,000 for 

the law enforcement costs related to establishing offender reentry 

programs, which is $134,000 above the enacted level and 

$5,000,000 below the request. Offender reentry programs establish 

partnerships among institutional corrections, community corrections, faith-based organizations, social services programs, community policing groups, and civic leaders to prepare for the successful 

return of inmates to their home neighborhoods. The Committee is 

pleased that OJP is working in collaboration with the Departments 

of Labor, Health and Human Services, Housing and Urban Development, and Education in the execution of this program. 

Mentally-Ill Offenders.—The Committee is concerned about the 

effects of the criminal justice system on the mentally-ill. The Committee therefore encourages the Department of Justice, in consultation with other relevant Federal agencies, to develop training programs on mental health issues that affect the prosecution of cases, 

the operation of prisons and jails, and the reentry of offenders back 

into society. 

Management and Administration.—Bill language is included allowing management and administration costs to be paid through 

deobligated balances in the COPS account. 

JUVENILE JUSTICE PROGRAMS

The Committee recommendation provides a total of $333,712,000 

for Juvenile Justice Programs for fiscal year 2006. The budget request proposes to fund juvenile justice programs under the Justice 

Assistance heading. The Committee recommendation is 

$45,333,000 below the fiscal year 2005 level and $101,488,000 

above the request for similar juvenile justice programs. The table 

below displays the Committee’s recommendation compared to the 

levels requested under the Justice Assistance heading for the same 

programs. 

[In thousands of dollars] 

Program FY 2005 

enacted 

FY 20061

request 

FY 2006 

recommendation 

Part A—Concentration of Federal Efforts ............................................ $2,960 $712 $712 

Part B—State Formula ......................................................................... 82,878 93,947 83,000 

Part C—Block Grants ........................................................................... .......................... 43,060 ..........................

Part D—Research and Development ................................................... 9,866 10,116 ..........................

Part E—Demonstration Projects .......................................................... 100,812 6,600 70,000 

62 

[In thousands of dollars] 

Program FY 2005 

enacted 

FY 20061

request 

FY 2006 

recommendation 

Title V—Incentive Grants ..................................................................... 78,931 32,265 80,000 

Tribal Youth ................................................................................. [9,866] .......................... [10,000] 

Gang Prevention ........................................................................... [24,666] .......................... [25,000] 

Alcohol Prevention ........................................................................ [24,666] .......................... [25,000] 

Juvenile Mentoring ................................................................................ 14,800 .......................... 5,000 

Secure Our Schools Act ........................................................................ 14,800 .......................... 15,000 

Victims of Child Abuse Programs ........................................................ 14,800 11,774 15,000 

Juvenile Accountability Block Grant ..................................................... 54,265 .......................... 60,000

Project Childsafe ................................................................................... 4,933 33,750 5,000 

Total ......................................................................................... 379,045 .......................... 333,712 

1 Some programs shown for display purposes only. They were in the budget request but under different account headings. 

The recommendation funds the juvenile delinquency prevention 

and accountability programs in accordance with Public Law 107– 

273, which reauthorizes the Juvenile Justice and Delinquency Prevention Act and the Juvenile Accountability Block Grant programs. 

Within the overall amounts recommended under Part E, OJP is 

directed to review the following proposals, provide a grant if warranted, and submit a report to the Committee on its intentions regarding: 

• Southern Virginia Child Advocacy Center; 

• Ulrich Children’s Advantage Network; 

• Illinois Institute for Addiction Recovery; 

• Brevard Neighborhood Development Coalition; 

• National Council of Juvenile and Family Court Judges; 

• Boys and Girls Town, U.S.A.; 

• Eisenhower Foundation; 

• Hamilton Fish National Institute on School and Community 

Violence; 

• World Vision; 

• Learning for Life; 

• Memorial Child Guidance Clinic’s Child SAVE program; 

• Virginia Attorney General’s Office for Class Action and other 

educational programs in Virginia schools; 

• Association of Christian Community Computer Centers; 

• Metro Chicago Youth for Christ’s Juvenile Justice program; 

• Law-Related Education Program; 

• IMPACT/Night Light program in San Bernardino County, CA; 

• A Child Is Missing, AL; 

• Phoenix House San Diego County, CA; 

• Parents Anonymous; 

• Stark County, OH, for a juvenile pre-trial services program; 

• ACA–NY for an anti-drinking program for teenagers; 

• Children’s Advocacy Center in Hamilton County, TN; 

• Delinquency prevention programs in Suncoast and Greater St. 

Petersburg, FL; 

• Florida Venture Foundation Youthbuild Outreach; • ARISE; • Dupage County, IL, Children’s Advocacy Center; • Inner Harbor for Children and Families; • Shelby County, AL, Children’s Advocacy Center; • New Hampshire Division for Juvenile Justice Services; 

63 

• Suffolk County, NY, for a Internet Crimes Against Children 

Prevention Program; 

• Miami County, IN, Sheriff’s Department for a law enforcement 

initiative; 

• County of Culpeper, VA, for gang violence prevention; 

• Youth Emergency Services in Gillette, WY; 

• Residential Care Consortium in Easton, PA; 

• Neighborhood First Program, Inc., in Pennsylvania; 

• NYANA Young Adult Offender Reentry Program; 

• Court Team in Allegheny County, PA; 

• DuPage County, IL, Youth Mentoring Program; 

• Klingberg Family Center for a delinquency prevention program; 

• KidsPeace in Westchester/Rockland, NY; 

• ACA of New York for an anti-gang program; 

• Iowa Drug Endangered Children; 

• A Child is Missing in Nevada; 

• Minnesota Teen Challenge for at-risk youth; 

• King County, WA, Sheriff’s Office for a school resource officer 

program; 

• Muckleshoot Tribe for gang reduction activities; 

• A Child Is Missing in Michigan; 

• University of Connecticut at-risk youth study; 

• A Child is Missing in Florida; 

• Boysville Inc. in San Antonio, TX, for delinquency prevention 

programs; 

• Crossroad Children’s Home in Fort Wayne, IN, for programs to 

help at-risk youth; 

• A Child is Missing in Oklahoma; 

• EXCEL Program for at-risk youth; 

• Indianapolis, IN, KidsPeace program for at-risk youth; 

• Alianza Dominicana’s Youth Development Programs for at-risk 

youth; 

• M.L. Wilson Club of Harlem program for at-risk youth; 

• Community Outreach and Development Efforts Save 

(CODES)—youth delinquency & violence prevention program; 

• The Hispanic Committee of Virginia at-risk youth program; 

• The Partnership for Youth programs for at-risk youth; 

• The Roundabout Theatre, programs for at-risk youth; 

• Armory Foundation’s Program for at-risk youth; 

• East New York Youth Entrepreneurship Program for at-risk 

youth; 

• Brooklyn Community Engagement Program for at-risk youth; 

• Brooklyn, NY, Benjamin Banneker at-risk youth program; 

• New Heights Employment Development Center for Disconnected Youth; 

• Detroit, MI, Citizens and Youth Academies program for at-risk 

youth; 

• Wayne County, MI, Juvenile Mentoring Program; 

• Texas A & M, Juvenile Justice Program; 

• GALA program for at-risk youth in Washington, DC; 

• Bloomfield School District Security Upgrades; 

• Camden County, NJ, Collaborative Drug Intervention Committees; 

64 

• City of Huntsville, AL, Police Department After-School Gang 

Intervention Program; • Washington, D.C. KidsPeace program for at-risk youth; • GRADS Foundation, NY, programs for ‘‘high-risk’’ disadvantaged sixth, seventh and eighth graders; • City Parks Foundation, NY, program for at-risk youth; • Karamu House After-School Program for At-Risk Children, 

OH; • Center for Families and Children, program for at-risk youth; • Richmond, VA, ‘‘No Workshops No Jump Shots’’ program for 

at-risk youth; • Peninsula Marine Institute program for at-risk youth; • Anahuak Youth Association program for at-risk youth; • AITP program for at-risk youth; • South Los Angeles, CA, B.T. program for at-risk youth; • Hollywood, CA, B.T. program for at-risk youth; • Ramona Hall Community Center program for at-risk youth; • Exodus Urban Academy program for at-risk youth; • P.F. Bersee Foundation program for low-income students and 

at-risk youth; • Soledad Enrichment Action program for at-risk youth; • SIPA of CA program for at-risk youth; • Essex County, MA, Sheriff’s Department, Education on the effects of Heroin and OxyContin; • City of Lynn/North Shore Community College Gang Prevention 

Initiative, MA; • San Fernando Valley, CA, underage drinking and delinquency 

prevention program; • University Settlement for a program for at-risk youth, NY; • North Brooklyn YMCA Youth Park Empowerment Project, program for at-risk youth; • Mayor Thomas P. Ryan Community Center program for at-risk 

youth; • Southwestern Georgia Judicial Circuit Court Appointed Special 

Advocates; 

• Ft. Gaines, GA, Teen Center programs for at-risk youth; 

• Urban League of Columbus, GA, Youth Advocacy Program for 

at-risk youth; 

• James Barnes Community Development teen drug prevention 

and mentoring; 

• Albany, GA, program for at-risk youth; 

• Colquitt County, GA, program for at-risk youth; 

• Sumter County, GA, program for at-risk youth; 

• Bainbridge, GA, program for at-risk youth; 

• Thomasville, GA, program for at-risk youth; 

• Georgetown, GA, program for at-risk youth; 

• Valdosta, GA, program for at-risk youth; 

• Honolulu, HI, Youth Services Center for at-risk youth; 

• Project Success of Decatur and Macon County, IL, program for 

at-risk youth; 

• Rock Island County, IL, Council on Addiction Youth Mentoring 

Program; 

• School of International Training for At-risk Youth Crime Prevention Programs; 

• Vermont youth crime prevention programs; 

65 

• Burbank, CA, high school violence prevention program; 

• Pasadena, CA, drug-free activities for at-risk youth; 

• Pasadena, CA, program for at-risk youth; 

• Hillside Altadena Family Center, CA, leadership program for 

at-risk youth; 

• Crisp County, GA, program for at-risk youth; 

• Des Moines, IA, Creative Visions program for at-risk youth; 

• Des Moines, IA, Urban Dreams rehabilitative support for atrisk youth; 

• Des Moines, IA, Rock in Prevention program for at-risk youth; 

• Monmouth County, NJ, Child Advocacy Center program for atrisk youth; 

• 2nd Floor Youth Helpline/180 Turning Lives Around program 

for at-risk youth; 

• Pulaski County, AR, at-risk children and youth services program; 

• Pulaski County, AR, Juvenile Services Step One Alternative/ 

Day School; 

• Baltimore, MD, ‘‘Teens Night In’’ program for at-risk youth; 

• New Jersey Police Athletic League after school program for atrisk youth; 

• Wired Kids Teen Angels Program for at-risk youth; 

• Martin Luther King, Jr. Community Center, TX, program for 

at-risk youth; 

• Santa Monica, CA, outreach efforts to prevent gang violence; 

• Maine Juvenile Drug Treatment Court program for at-risk 

youth; 

• Warren, OH, for at-risk high school students; 

• New Hoboken Community Center, NJ, equipment and programs for at-risk youth; 

• Woonsocket, RI, programs for at-risk youth; 

• Town of Tiverton, RI, programs for at-risk youth; 

• Rhode Island Family Court for a mental health court for atrisk youth; 

• Ifetayo Youth Development Program for at-risk youth; 

• Chicago, IL, ‘‘Safe Zone’’ program for at-risk youth; 

• Harvey, IL, programs for at-risk youth; 

• Chicago, IL, Sullivan House programs for at-risk youth; 

• Sauk Village, IL, summer youth programs for at-risk youth; 

• County of Santa Clara, CA, Juvenile Detention Reform Initiative; 

• New Mexico Department of Children, Youth and Families Reducing Recidivism program; 

• Youth Crime Watch, FL; 

• Juvenile Justice Education Model Study, FL; 

• City Year Chicago, IL, Young Heroes Program for at-risk 

youth; 

• Chicago, IL, Parent’s and Children Together (PACT); 

• Visitation Valley and Mission District Safe Streets Project 

youth violence prevention; 

• San Francisco City, CA, Attorney’s Family Reunification Program for Neglected Children; 

• Carver Center Teen Outreach Program, program for at-risk 

youth; 

66 

• Western Massachusetts Phoenix House Treatment Continuum 

program for at-risk youth; • Chicago, IL, Life Directions program for at-risk youth; • Oakland, CA, Martin Luther King, Jr. Freedom Center for 

youth violence prevention; • Oakland, CA, mentoring center program for at-risk youth; • Gilroy, CA, Gang Task Force Youth Center; • Worcester, MA, TechMission program for at-risk youth; • South Bronx Community Center program for at-risk youth; • Mount Hope, NY, Project READY program for at-risk youth; • Highbridge Voices, NY, program for at-risk youth; • Youth Leadership Project program for at-risk youth; • Mary Mitchell Family and Youth Center program for at-risk 

youth; • The Point Community Development Corporation program for 

at-risk youth; • Youth Ministries for Peace and Justice program for at-risk 

youth; • El Museo del Barrio’s Educational Programs for at-risk youth; • Sistas and Brothas United program for at-risk youth; • City Parks Foundation Bronx programs for at-risk youth; • BMA programs for at-risk youth; • Latino Pastoral Action Center program for at-risk youth; • SFI program for at-risk youth; • Casita Maria programs for at-risk youth in the Bronx, NY; • Bronx, NY, Cluster Delinquency Prevention Services; • Eastern Baptist Association Youth Development Initiative, for 

at-risk youth; • Hispanic Brotherhood of Rockville Center, Inc. program for atrisk youth; • Roosevelt, NY, Nassau County Police Athletic League; • Hempstead, NY, Operation Get Ahead program for at-risk 

youth; • Chatham County, NC, Partnership for Children’s Safe Start 

Demonstration Project; 

• Prospect Park Alliance program for at-risk youth; 

• Central Brooklyn Martin Luther King Commission—Juvenile 

Justice Delinquency Prevention Program; 

• BAM Juvenile Justice Delinquency Prevention Program; 

• Weeksville Society Juvenile Justice Delinquency Prevention 

Program; 

• North Carolina Mentoring Program; 

• San Antonio Initiative program for at-risk youth; 

• Dutchess County, NY, for an at-risk youth program; 

• Kingston-Newburgh, NY, Enterprise Corporation’s Youth at 

Risk Program; 

• Poughkeepsie—Bardavon, NY, at-risk youth program; 

• Texas A & M Corpus Christi Adjudicated Youth Program; 

• La Esperanza Home for Boys, TX, at-risk youth program; 

• Public Allies Leadership Development and Community Apprenticeship Program for at-risk youth; 

• Amistad program for at-risk youth; 

• Maryland Regional Gang Initiative; 

• Devonshire, CA Area PALS Youth Community Center; 

• Ohel At-Risk Youth and Child Abuse Prevention Program; 

67 

• Intercept’s Drug Prevention Program for At-Risk Youth; • Suffolk University School of Law Juvenile Justice Center; • Los Angeles, CA, Phoenix Academy program for at-risk youth; • Lake Waccamaw, NC, program for at-risk youth; • North Flint & Beecher, MI, program for at-risk youth; • Granite School District, UT, program for at-risk youth; • Boston, MA, Victory Generation Program for at-risk youth; • Union County College, NJ, College for Teens program for atrisk youth; • Dauphin County, PA, program for at-risk youth; • Messiah College, PA, Harrisburg Institute—‘‘Youth Empowerment Initiative’’ program for at-risk youth; • REP program for at-risk youth; • FSSA program for at-risk youth; • The Fortune Society program for at-risk youth; • North Quabbin, MA, program for at-risk youth; • Kennedy Krieger Institute, MD, program for at-risk youth; • Florence Crittenton of South Carolina program for at-risk 

youth; • Darkness to Light, SC, program for at-risk youth; • St. Raymond, NY, program for at-risk youth; • Langston Hughes Library programs for at-risk youth, NY; • Latin Technologies, NY, program for at-risk youth; • Saving Teens in Crisis Collaborative; • Washington State program for at-risk youth; • Gary, IN, ‘‘No Workshops No Jumpshots’’ program for at-risk 

youth; • San Bernardino County Youth Violence Prevention Program; • Colton, CA, PAL Program; • L.A.’s at risk youth program; • Van Nuys, CA, Volunteer Center program for at-risk youth; • California—training equipment for a program for at-risk youth; • Los Angeles, CA, anti-gang initiative; • Long Beach, CA, youth gang prevention; 

• Operation Quality Time program for at-risk youth; 

• Columbus, GA, Junior Marshal’s Program for at-risk youth; 

• Suffolk County, NY, Internet Crimes Against Children Prevention Program; 

• Miami Beach, FL, Police Department Summertime Gang and 

Drug Prevention; 

• College Opportunity Resources for Education Initiative program for at-risk youth; 

• Connection Juvenile Reentry Program; 

• Orange County, FL, program for at-risk youth; 

• West Alabama Youth Violence Initiative; 

• Northwest Austin Council’s Exodus to Excellence Mentoring 

Program; 

• Early Childhood Policy Center program for at-risk youth; 

• Jesuit Academy’s program for at-risk youth; 

• Northwest Alabama Children’s Advocacy Center; 

• Long Island, NY, program for at-risk youth; 

• Assumption Parish, LA, Safe School program for at-risk youth; 

• Camp Hope for victims of family violence, child abuse and atrisk youth; and 

• Santa Clara County PALS program for at-risk youth. 

68 

Gang Prevention.—The recommendation includes $25,000,000, 

within Title V grants, for OJP to administer a gang resistance and 

education program, known as GREAT. The GREAT program is a 

school-based, law enforcement officer-instructed classroom curriculum. The program’s primary objective is prevention and is intended as an immunization against delinquency, youth violence, 

and gang membership. The Committee supports the work of this 

program as part of an integrated anti-gang strategy of prevention, 

enforcement, and interdiction. These funds shall be available to develop comprehensive community strategies to address gangs, including anti-gang education programs and coordination with Federal, State and local law enforcement. 

Secure Our Schools Act.—The recommendation includes 

$15,000,000 for expenses authorized by the Secure Our Schools Act 

(Public Law 106–386), such as metal detectors, locks, lighting and 

other deterrent measures; security assessments; security training 

of personnel and students; and coordination with local law enforcement. This amount is $15,000,000 above the request and $200,000 

above the current level. 

Juvenile Accountability Block Grants.—The recommendation pro- vides $60,000,000 for the Juvenile Accountability Block Grants program, which is $5,735,000 above the enacted level and $60,000,000 

above the request. The funds provided in the this program are 

available for the following purposes: 

(1) developing, implementing, and administering graduated 

sanctions for juvenile offenders; 

(2) building, expanding, renovating, or operating temporary 

or permanent juvenile correction, detention, or community corrections facilities; 

(3) hiring juvenile court judges, probation officers, and courtappointed defenders and special advocates, and funding pretrial services (including mental health screening and assessment) for juvenile offenders, to promote the effective and expeditious administration of the juvenile justice system; 

(4) hiring additional prosecutors, so that more cases involving violent juvenile offenders can be prosecuted and case backlogs reduced; 

(5) providing funding to enable prosecutors to address drug, 

gang, and youth violence problems more effectively and for 

technology, equipment, and training to assist prosecutors in 

identifying and expediting the prosecution of violent juvenile 

offenders; 

(6) establishing and maintaining training programs for law 

enforcement and other court personnel with respect to preventing and controlling juvenile crime; 

(7) establishing juvenile gun courts for the prosecution and 

adjudication of juvenile firearms offenders; 

(8) establishing drug court programs for juvenile offenders 

that provide continuing judicial supervision over juvenile offenders with substance abuse problems and the integrated administration of other sanctions and services for such offenders; 

(9) establishing and maintaining a system of juvenile records 

designed to promote public safety; 

(10) establishing and maintaining interagency informationsharing programs that enable the juvenile and criminal justice 

69 

systems, schools, and social services agencies to make more informed decisions regarding the early identification, control, supervision, and treatment of juveniles who repeatedly commit 

serious delinquent or criminal acts; 

(11) establishing and maintaining accountability-based programs designed to reduce recidivism among juveniles who are 

referred by law enforcement personnel or agencies; 

(12) establishing and maintaining programs to conduct risk 

and need assessments of juvenile offenders that facilitate the 

effective early intervention and the provision of comprehensive 

services, including mental health screening and treatment and 

substance abuse testing and treatment to such offenders; 

(13) establishing and maintaining accountability-based programs that are designed to enhance school safety; 

(14) establishing and maintaining restorative justice programs; 

(15) establishing and maintaining programs to enable juvenile courts and juvenile probation officers to be more effective 

and efficient in holding juvenile offenders accountable and reducing recidivism; or 

(16) hiring detention and corrections personnel, and establishing and maintaining training programs for such personnel 

to improve facility practices and programming. 

Enforcing Underage Drinking Laws.—In order to address the 

problem of alcohol abuse by minors and the accessibility of alcohol 

to minors, the Committee recommends $25,000,000 to assist States 

to develop comprehensive and coordinated initiatives to enforce 

State laws that prohibit the sale or consumption of alcoholic beverages to minors. This amount is $334,000 above the enacted level 

and $25,000,000 above the request. 

Victims of Child Abuse Act.—The Committee recommends a total 

of $15,000,000 for the various programs authorized under the Victims of Child Abuse Act (VOCA), which is $200,000 above the enacted level and $3,226,000 above the request. The Committee expects OJP to allocate the funds as follows: • $3,000,000 for Regional Children’s Advocacy Centers, as 

authorized by section 213 of VOCA; • $9,500,000 for local Children’s Advocacy Centers, as authorized by section 214 of VOCA; • $250,000 for the National Children’s Advocacy Center in 

Huntsville, AL, to implement a training program; • $850,000 for the National Children’s Alliance for technical 

assistance and training, as authorized by section 214a of 

VOCA; and • $1,400,000 for the National Center for Prosecution of Child 

Abuse for specialized technical assistance and training programs to improve the prosecution of child abuse cases, as authorized by section 214a of VOCA. 

PUBLIC SAFETY OFFICERS BENEFITS

The Committee recommendation provides a total of $72,948,000 

for the Public Safety Officers Benefits program, the amount requested for these programs. The budget proposed to consolidate 

these programs under the Justice Assistance heading. The recommendation includes $64,000,000, which is the Congressional 

70 

Budget Office’s estimate for death benefits to eligible survivors of 

Federal, State, and local public safety officers whose death was the 

direct and proximate result of traumatic injury sustained in the 

line of duty. This program is considered mandatory for 

scorekeeping purposes. 

The recommendation also includes $4,064,000 for the Public 

Safety Officers Educational Assistance Program and $4,884,000 for 

disability benefits for fiscal year 2006. 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

The Committee has included the following general provisions for 

the Department of Justice in this bill: 

Section 101 continues language, which makes up to $60,000 of 

the funds appropriated to the Department of Justice available to 

the Attorney General for reception and representation expenses, as 

requested. 

Section 102 provides language, included in previous Appropriations Acts, which prohibits the use of funds to perform abortions 

in the Federal Prison System. 

Section 103 provides language, included in previous Appropriations Acts, which prohibits use of the funds in this bill to require 

any person to perform, or facilitate the performance of, an abortion. 

Section 104 provides language, included in previous Appropriations Acts, which states that nothing in the previous section removes the obligation of the Director of the Bureau of Prisons to 

provide escort services to female inmates who seek to obtain abortions outside a Federal facility. 

Section 105 provides requested language, modified from the previous year, allowing the Department of Justice, subject to the Committee’s reprogramming procedures, to transfer up to 5 percent between any appropriation, but limits to 10 percent the amount that 

can be transferred into any one appropriation. 

Section 106 provides for the extension of the Personnel Management Demonstration Project for certain positions of the Bureau of 

Alcohol, Tobacco, Firearms and Explosives, as requested. 

Section 107 continues language prohibiting the Drug Enforcement Administration from establishing procurement quotas in certain circumstances. 

Section 108 continues language providing for the establishment 

of procurement quotas for certain drugs following the approval of 

a new drug application. 

Section 109 continues language extending section 102(b) of Public 

Law 102–395 to the Bureau of Alcohol, Tobacco, Firearms and Explosives, as requested. 

Section 110 provides language regarding the application of reprogramming procedures for e-government initiatives. 

Section 111 continues language prohibiting funds from being 

used to transport prisoners classified as a maximum or high security prisoner to a facility other than a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for 

housing such a prisoner. 

Section 112 continues language concerning the prohibition of certain prisoner amenities. 

71 

TITLE II—DEPARTMENT OF COMMERCE AND RELATED 

AGENCIES 

The Committee recommendation includes a total of 

$5,825,734,000 in general purpose discretionary funds for the programs of the United States Trade Representative, the International 

Trade Commission and the Department of Commerce for fiscal year 

2006, $831,470,000 below the current year level, including supplemental appropriations. The recommended level is $21,345,000 

below the request, excluding the $3,710,000,000 requested for the 

Strengthening America’s Communities grant program. 

TRADE AND INFRASTRUCTURE DEVELOPMENT

RELATED AGENCIES 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

The Committee recommendation includes $44,779,000 for the Office of the United States Trade Representative (USTR) for fiscal 

year 2006, which is $3,782,000 above the current year and 

$6,000,000 above the request. 

The Committee remains concerned that the United States trade 

deficit with other nations continues to rise. In 2004, the United 

States imported $162 billion more in goods and services from the 

People’s Republic of China (PRC) than the PRC imported in goods 

and services from the United States, an increase of thirty-one percent from 2003. The Committee urges the USTR to take action to 

ensure countries, including China, are fulfilling their commitments 

to the World Trade Organization (WTO), including the safeguards 

delineated under the Trade Act of 1974, including Sections 301 and 

421, to address the disruptions resulting from unbalanced trade 

with the PRC. 

Inadequate Budget Requests.—The Committee notes that the fiscal year 2003, 2004, 2005, and 2006 budget requests were, and are 

insufficient to meet the operational requirements of the Office. In 

the current year, the Committee provided an additional $1,445,000 

above the request for the operations of the Office, and still the Office was forced to eliminate or postpone basic operational requirements due to insufficient funds. Given the expansive trade agenda 

of the United States, the Committee recommendation provides an 

additional $6,000,000 or 15.4 percent over the request, and 9 percent over the current year to maintain current operations of the Office and to pay for the increased costs of ongoing and future trade 

negotiations and expanded enforcement efforts. The Committee expects the USTR to ensure resources requested in the fiscal year 

2007 request are sufficient to cover the operations of the USTR. 

Intellectual Property Rights (IPR).—Pirating and counterfeiting 

has grown to an estimated $200 billion a year problem and the 

theft of artistic and scientific creation is draining our economy. The 

Committee notes the United States has not yet taken an intellectual property rights enforcement case to the WTO against its trading partners to stem the hemorrhaging of U.S. intellectual property. Further, in the current year, the Committee included bill language establishing a position of Chief Negotiator for Intellectual 

72 

Property Enforcement. The Committee is dismayed that this position remains vacant in light of the magnitude of the problem. The 

Committee expects the USTR to expeditiously fill this position. 

Further, the Committee provides additional resources to supplement the current IPR office of four positions to meet the many demands of the office including negotiating at the World Trade Organization’s Trade-Related Aspects of Intellectual Property Rights 

(TRIPS) Council, negotiating new agreements, monitoring implementation of the TRIPS and free trade agreements, managing the 

Special 301 process, coordinating the STOP initiative, and maintaining outreach to industry. The Committee expects the USTR to 

add no less than an additional four positions to this office to address the increase in workload associated with expanded enforcement capabilities. 

At the 15th plenary session of the U.S.-China Joint Commission 

on Commerce and Trade (JCCT), on April 21, 2004, the Chinese 

presented an action plan designed to address the piracy and counterfeiting of American ideas and innovations to include significantly reducing IPR infringement levels and increasing penalties 

for IPR violations. The Committee expects to be kept apprised of 

any such actions taken by the Chinese to counter IPR infringements. 

The Committee remains supportive of the Strategy Targeting Organized Piracy (STOP) initiative designed to fight against the billions of dollars in global trade in pirated and counterfeit goods that 

cheat American innovators and manufacturers, hurt the U.S. economy, and endanger consumers worldwide. 

Reporting Requirements.—The Committee directs the USTR to 

provide a report to the Committee detailing spending plans for all 

funding provided under this heading. This report should display 

personnel costs, travel expenses and overhead costs for the Washington, D.C., facility, overhead costs associated with USTR presence in Geneva, Switzerland, and the costs associated with ensuring greater transparency including the timely publication of reports 

and trade agreements. Further, this report should identify costs associated with each programmatic office as outlined in the 2005 organizational chart. This report and spending plan should be provided to the Committee no later than 90 days after the enactment 

of this Act. Further, the Committee expects this plan to be updated 

to reflect the obligation of funds on a monthly basis, beginning with 

the second quarter of fiscal year 2006 and presented to the Committee on a monthly basis. The Committee reminds the USTR of 

the requirements set forth under section 605 of this Act. 

It has been brought to the Committee’s attention that the USTR 

may fare better in bringing trade dispute cases to the World Trade 

Organization by using additional support from private counsel. Inhouse expertise in long-term, complex WTO dispute cases is difficult to maintain in an ever-changing international trade climate. 

Outside counsel in countries such as China, Russia, and Brazil 

could assist with clarification of local laws and regulations, enforcement policies and practices, and market conditions. The Committee 

directs the USTR to report back to the Committee on the desirability of such a new authority. 

International Standards.—The Committee directs the USTR to 

ensure that U.S. business interests are fully represented in interVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00072 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
73 

national standards negotiations. The Committee directs the USTR 

to collaborate with the Department of Commerce, including the National Institute of Standards and Technology (NIST) and the State 

Department to reduce trade barriers to U.S. exports. The Committee continues its direction to the USTR to ensure U.S. standards are adopted in international negotiations. 

The Office of the U.S. Trade Representative (USTR) is responsible for developing and coordinating U.S. international trade, commodity, and direct investment policy, and overseeing negotiations 

on these topics with other countries. The head of USTR is the U.S. 

Trade Representative, a Cabinet member who serves as the President’s principal trade advisor, negotiator, and spokesperson on 

trade issues. 

USTR is part of the Executive Office of the President. Through 

an interagency structure, USTR coordinates trade policy, resolves 

disagreements, and frames issues for presidential decision. USTR 

also serves as vice chairman of the Overseas Private Investment 

Corporation, is a non-voting member of the Export-Import Bank, 

and a member of the National Advisory Council on International 

Monetary and Financial Policies. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

The Committee recommends $62,752,000 for the International 

Trade Commission (ITC) for fiscal year 2006, which is $1,876,000 

above the amount provided in the current year and $2,526,000 

below the request. The ITC re-examined its workload forecasts and 

has determined requirements are significantly less that the levels 

included in President’s Request. The Committee recommendation 

reflects this change in workload. 

The Committee directs the Commission to provide a spending 

plan for all funding provided under this heading. Further, the 

Committee expects this plan to be updated to reflect the obligation 

of funds on a monthly basis, beginning with the second quarter of 

fiscal year 2006. The Committee reminds the Commission of the requirements set forth under section 605 of this Act. 

The International Trade Commission is an independent, quasi-judicial agency responsible for conducting trade-related investigations; providing the Congress and the President with independent, 

expert technical advice to assist in the development and implementation of U.S. international trade policy; responding to the Congress and the President on various matters affecting international 

trade; maintaining the Harmonized Commodity Description and 

Coding System of internationally accepted product nomenclature; 

providing technical assistance to eligible small businesses seeking 

remedies and benefits under the trade laws; and performing other 

specific statutory responsibilities ranging from research and analysis to quasi-judicial functions on trade-related matters. 

74 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The Committee recommendation includes $406,925,000 in total 

resources for the programs of the International Trade Administration (ITA) for fiscal year 2006, which is $10,668,000 above the current year level and $2,000,000 below the request. Of the amounts 

provided, $13,000,000 is to be derived from fee collections. 

The mission of the ITA is to create economic opportunity for U.S. 

workers and firms by promoting international trade, opening foreign markets, ensuring compliance with trade laws and agreements, and supporting U.S. commercial interests at home and 

abroad. 

The Committee understands the difficulties of attempting to balance both the positive and the negative effects of a free trade agenda. The Committee is steadfast in its support of America’s trade 

policy to create growth and raise living standards around the globe, 

and in return to increase the benefits to U.S. workers, farmers, 

consumers, and businesses. Yet, the U.S. Government must uphold 

its responsibility to enforce trade laws, particularly with China. If 

trading partners do not abide by the rules that are set in the global 

trading system, then U.S. firms are not competing on a level playing field. 

Reorganization.—The Committee notes the reluctance of the Department to take an aggressive and dynamic approach to implementing the Committee’s direction to complete the reorganization 

of the ITA included in the Committee’s Fiscal Year 2004 conference 

report. The Committee chose to reorganize the agency after receiving numerous complaints from small and medium-sized manufacturers and growers alleging that ITA actions, particularly with regard to the People’s Republic of China (PRC), have been detrimental to American business interests. The Committee notes that 

the agency had not undergone any such reorganization in nearly 

twenty years, when the U.S. trade deficit with other nations was 

$19.4 billion, compared to $618 billion in fiscal year 2004. Therefore, the Committee expects this reorganization to be carried out 

expeditiously and the newly created positions to be filled as soon 

as possible. 

The United States government has an obligation to ensure that 

American companies are not forced to compete with foreign companies that are engaged in unfair trading practices. 

American Trading Centers.—Manufacturing and service industries need assistance to export their goods and services to China. 

The Committee continues to believe that additional resources are 

required to aggressively promote U.S. exports in China and enforce 

the commitments made as part of the China’s WTO accession 

agreement. The Committee, after consultation with industry and 

the ITA, has determined that a rapid increase in export promotion 

to China is necessary. The creation of American Trading Centers 

in major Chinese commercial centers is one way to improve export 

promotion. These centers will enable U.S. exporters to receive assistance while in the country and provide on-the-ground expertise, 

including market research capabilities. The Committee continues 

75 

its support of the American Trading Centers initiative. The Committee directs the ITA to submit a status report on the Department’s efforts to expand American Trading Centers, consistent with 

the interagency overseas presence review process, by no later than 

90 days after the enactment of this Act. 

Import Administration.—The Committee recommendation includes $62,134,000 for the Import Administration unit. Since 1997, 

the Committee has increased funding for the Import Administration (IA) by more than 70 percent to enforce anti-dumping (AD) 

and countervailing (CV) duty laws. Yet, the number of AD/CV investigations conducted by the Import Administration has decreased 

significantly. For example, in 2001 the IA conducted 95 AD/CV investigations, of which a total of 35 investigations, or 37 percent of 

the total number of investigations, were related to steel imports. In 

2002, ITA conducted 38 investigations, in 2003 a total of 20 investigations, and in 2004 a total of 29 investigations. The Committee 

notes that IA has conducted a total of 25 investigations through the 

second quarter of 2005 and expects that this reflects a commitment 

to increasing ITA actions in this area. 

Office of China Compliance.—In the FY 2005 Appropriations Act, 

the Committee included language requiring the ITA to create an 

Office of China Compliance to specifically focus on issues affecting 

small- and medium-sized businesses. The Committee continues language designating $3,000,000 for this Office. The Committee understands the ITA has determined that this office should encompass 

all nations designated as non-market economies. The Committee 

directs that China remain the primary focus of resources and attention of the Office. The Committee reminds the Department that 

this Office was created to specialize in AD cases involving China, 

with special attention on small- and medium-sized domestic businesses. The Office should consist of experienced investigators, accountants, trade analysts, and technical experts to aggressively investigate AD cases. The Committee expects to be notified of any 

impediments to hiring or retaining this expertise. 

The Committee directs the Department to report to the Committee, no later than February 15, 2006, the number of new IA investigations or administrative reviews of existing dumping orders 

resulting in a finding of zero dumping margin, by importer. 

Policy and Negotiations.—The Committee continues its direction 

to the IA to analyze market trends in order to anticipate unfair 

trade practices and consult with foreign governments to pre-empt 

the requirement for an unfair trade case, whenever practicable. 

The Committee understands that to date the IA has yet to perform 

such a trend analysis. Further, the Committee continues its direction to the ITA to self-initiate investigations, and report back to the 

Committee no later than September 15, 2005, on the number and 

descriptions of cases the Department has self-initiated. 

Tracking of Inquiries from Small- and Medium-sized Companies.—The Committee directs the Department to track all inquiries 

the Department has received from small- and medium-sized businesses seeking assistance with enforcement of the AD laws against 

imports, including imports from China and India, and the resulting 

actions by the Department on such inquiries. The Committee directed the Department, in the FY 2005 conference report, to begin 

tracking this information no later than 30 days after enactment of 

76 

the Act. Therefore, the Committee expects the Department to report back to the Committee no later than November 15, 2006, on 

the Department’s efforts. 

Market Access and Compliance.—The Committee recommendation includes $39,815,000 for this purpose. The Committee continues to support the efforts of the ITA to aggressively enforce 

trade agreements. 

Right-sizing Overseas Presence.—Further, the Committee directs 

the ITA to provide a detailed report to the Committee on the rightsizing methodology followed to determine the appropriate size and 

location of the Bureau’s overseas presence anticipated for the next 

five to ten years. The Committee expects priority regions of assistance to be in the most productive markets for our U.S. companies. 

The Committee expects this plan to be submitted to the Committee, 

no later than 90 days after the enactment of this Act. 

Executive Direction/Administration.—The Committee recommendation includes $25,820,000 for the administrative and policy functions of ITA. 

In addition, language is included in the bill designating the 

amounts available for each unit within ITA. In addition, ITA is directed to submit to the Committee, not later than 60 days after the 

enactment of this Act, a spending plan for all ITA units that incorporates any carryover balances from prior fiscal years. Further, beginning with the second quarter, the Committee expects this plan 

to be updated to reflect the obligation of funds on a monthly basis. 

Human Rights Training.—The advancement of human rights 

and the development of economies are not mutually exclusive goals. 

The Committee applauds efforts made by the ITA to promote 

human rights, including expanding the human rights training program launched in fiscal year 2003. The Committee continues funding of $500,000 to ensure that, when counseling U.S. businesses on 

market conditions within a particular country, employees must include information on human rights in addition to information on 

rule of law issues and corporate responsibility. Further, the Committee continues to direct ITA to provide to the Committee quarterly reports on the progress of the human rights training program. 

United States and Foreign Commercial Service (US&FCS).—The 

Committee recommendation includes $231,722,000 for the United 

States and Foreign Commercial Service. The Committee continues 

its direction to the United States and Foreign Commercial Service 

to be aggressive in its efforts to expand the number and value of 

U.S. exports. 

Trade Missions.—The Committee continues its direction that all 

trade missions involving Department of Commerce agencies must 

be initiated, coordinated and administered through the ITA. 

International Standards.—The Committee directs the Department to increase efforts to ensure that U.S. business interests are 

represented in international standards negotiations and to collaborate with NIST, the USTR, and the State Department on innovative ways to reduce trade barriers to U.S. business exports to ensure U.S. standards are adopted in international negotiations. 

Travel Expenditures.—The Committee directs the Department to 

increase the number of investigative teams traveling to China and 

India, the sources of most trade complaints, to verify documentation of information provided by foreign companies. The recVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00076 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
77 

ommendation provides sufficient resources for this purpose and expects the Department to submit quarterly reports to the Committee 

regarding the ITA’s travel expenditures, including separate breakouts of funding, number of trips, and the purposes of travel to both 

China and India. 

Capital Security Cost Sharing Program.—The Committee remains steadfast in its support of U.S. government-wide efforts to 

ensure personnel assigned overseas in American embassies and 

consulates remain safe. After the 1998 bombings of two U.S. embassies in East Africa, the U.S. Congress enacted the Secure Embassy Construction and Counterterrorism Act of 1999 to require 

the State Department to improve physical security overseas and replace embassies that did not meet the certain security standards. 

To accelerate this effort, in 1999, the State Department launched 

a security upgrade and construction program to begin addressing 

requirements in more than 260 embassies and consulates. In 2005, 

the Congress and the Administration codified the Capital Security 

Cost Sharing Program initiative to require all Federal agencies 

with staff overseas to contribute annually towards construction of 

the new facilities based on the number of positions and the type 

of space occupied. This initiative is a major component of the President’s Management Agenda initiative on Right-sizing, as well as 

the Committee’s significant focus to ensure that agencies assess the 

real cost of maintaining staff overseas, and adjust overseas staffing 

levels to the highest priority overseas programs. Currently, the 

International Trade Administration has 181 offices in 80 countries 

around the world. 

The recommendation continues funding for an international competitiveness program, and two textile-related programs. Further, 

the Committee directs the ITA to double the funding level provided 

in fiscal year 2005 for the rural export program. 

Last year, the Committee directed the Office of Trade and Economic Analysis (OTEA) to implement an initiative to capture, analyze, and disseminate data on U.S. trade through user-friendly 

interfaces and new technologies. The Committee is encouraged that 

the OTEA is moving towards achieving this goal. 

Intellectual Property Rights (IPR) Protection.—Given the significant increase the Committee has provided to ITA over the past few 

years, the Committee expects the ITA to pursue a more aggressive 

approach to supporting U.S. businesses especially in their efforts to 

compete in international markets that engage in blatant intellectual property rights infringement. The Committee directs the Department, including the USPTO, to create a U.S. Intellectual Property Office (USITO) in Beijing and Moscow. This office should be 

modeled on the U.S. Information Technology Office in Beijing. Initially, funding was provided to the USITO by the Commerce Department and now funding is provided by industry. Therefore, the 

Committee expects the Commerce Department to begin working 

with industry trade organizations to create this Office. 

Further, the Committee directs the Department, including ITA 

and USPTO, to establish programs both domestically and internationally to provide assistance to small businesses seeking to secure their rights abroad. The Committee continues to support the 

new Strategy Targeting Organized Piracy (STOP) initiative to target the billions of dollars in global trade in pirated and counterfeit 

78 

goods that cheat American innovators and manufacturers that hurt 

the U.S. economy and endanger consumers worldwide. 

Therefore, the Committee directs the Department, in consultation with the State Department, to begin to measure piracy and 

counterfeit levels, beginning with China and to maintain these statistics. The Committee assumes the ITA will engage with non-governmental organizations, as well as private organizations, to assist 

in this effort. Further, the Committee expects the Department to 

begin documenting specific cases of IPR infringement. 

The Committee expects the continuation of funding for the China 

and Middle East Business centers. The Committee remains supportive of the Business Information Service of the Newly Independent States (BISNIS) program that has yielded tangible export 

results and helped to encourage the new nations of the former Soviet Union to continue their market transformation. The Committee directs the Department to report to the Committee on these 

efforts, not later than 90 days after the enactment of this Act. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

The Committee recommendation includes a total operating level 

of $77,000,000 for the operations and administration of the Bureau 

of Industry and Security (BIS), which includes $62,233,000 for operations and administration and $14,767,000 for national security 

related programs. The recommendation is $9,520,000 above the 

current year level and the same as the request. 

Overall, the Committee recommendation addresses the concerns 

identified in a number of oversight reports, including the Office of 

the Inspector General reports, ‘‘Improvements are Needed to Better 

Enforce Dual-Use Export Control Laws’’, and ‘‘Deemed Export Controls may Not Stop the Transfer of Sensitive Technology to Foreign 

Nations in the U.S.’’, and numerous United States Government Accountability Office reports. Further, the Committee notes that the 

BIS received accolades in The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction’s Report to the President of the United States dated 

March 31, 2005. 

Within the total amount available, the recommendation includes 

the following: 

Export Administration.—$36,842,000 is for export administration 

activities, which is the same as the request, and $4,908,000 above 

the current year level. The recommendation continues funding for 

additional export licensing personnel provided in fiscal year 2005. 

The Committee supports the Administration’s efforts to complement the Department of Defense’s evaluation of military technologies critical to national security by evaluating civilian dual-use 

technologies. 

The funding will also assist the BIS to process efficiently an increased licensing volume. The Committee expects the BIS to effectively manage the dual-use export control system, by staying 

abreast of the rapid technological changes that shape goods and 

technologies. The Committee urges the BIS to maintain and develop dedicated expertise to systematically evaluate control lists, liVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00078 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
79 

cense applications, and other functions against the latest developments, and prepare for future developments. 

Between fiscal years 2002 and 2004 the number of national security export license applications processed by the Office of National 

Security and Technology Transfer Controls doubled to over 6,800. 

A significant share of this increase is attributable to the burgeoning market for civilian night vision and thermal imaging devices. The recommendation includes additional resources to hire 

and train new personnel to process the increased volume of licenses, commodity classifications and jurisdiction requests, as well 

as licensing determination requests; and to do so in an accurate 

and timely manner that protects U.S. national security, while helping U.S. exporters to compete in the international marketplace. 

The additional resources will assist the BIS to process commodity 

classifications within 14 days as statutorily required and in a timeframe that is a significant benefit to U.S. exporters. 

Further, the Committee directs the BIS to provide a report to the 

Committee prior to any change to U.S. dual-use export controls. 

Export Enforcement.—$33,508,000 is for export enforcement ac- tivities, the same as the request, and $2,857,000 above the current 

year level. The Committee supports the BIS’s export control efforts 

overseas to conduct end-use checks. The Committee understands 

that export control attaches provide in-country ability to combat 

weapons of mass destruction and diversion of sensitive items to 

possible terrorists, and conduct outreach to governments, exporters 

and end-users. 

The recommended level allows the BIS to meet its mission of deterring weapons of mass destruction proliferation; preventing sensitive dual-use items from falling into the hands of terrorists, and 

otherwise enforcing the dual-use export control and anti-boycott 

laws of the United States. Funding will support agents on the 

ground with funds and equipment they need to maximize their capabilities. 

Computer Evidence Retrieval Capabilities.—The recommendation 

provides sufficient funding to maximize the effectiveness of the 

BIS’s agents by providing computer technology analysis support. 

Every criminal investigation that the BIS conducts relies on computer forensic support. Agents executing search warrants against 

proliferation targets now routinely seize and process computer information from dozens of computers. The Committee recommendation includes full funding for the Seized Computer Evidence Recovery System to enable the BIS agents to fully exploit the computer 

evidence they seize. The development of evidence in a recent Iranian diversion case and a nuclear support equipment case through 

an Asian transshipment hub were delayed because agents were unable to fully exploit the computer evidence seized. The Committee 

views such delays as unacceptable. The BIS shall continue to work 

with the Federal Bureau of Investigation’s (FBI) Regional Computer Forensics Laboratories to leverage export enforcement capabilities. Direction has been provided under the FBI heading, instructing the FBI to provide technical computer evidence recovery 

support to the BIS. 

Investigative Travel Funding.—America’s security borders stretch 

beyond its national borders to wherever licensable items are 

bought, sold, or shipped. To ensure that licensed items are used by 

80 

the licensed end-users and for the licensed purposes, a robust enduse check program is vital. The Committee recommendation includes full funding for investigative travel and Sentinel trips, including travel to China and Malaysia. The Committee directs the 

BIS to provide reports to House and Senate Appropriations Committees after the second quarter of fiscal year 2006, on the expenditure of travel funds, including domestic and international travel 

and the type of investigation. 

Further, the Committee directs the BIS to provide a detailed report to the Committee detailing the location and responsibilities of 

each overseas attache ́. Leveraging personnel resources of the U.S. 

& Foreign Commercial Service (US&FCS), as well, as the State Department, is one way to expand the reach of U.S. export enforcement efforts overseas. Direction along these lines is included under 

the US&FCS and Department of State headings. Additionally, the 

report should detail the right-sizing methodology followed to determine the appropriate size and location of the Bureau’s overseas 

presence. 

Management and Policy Coordination.—$6,650,000 is for Management and Policy Coordination, the same as the request and 

$1,755,000 above the current appropriation level, excluding prior 

year unobligated balances used in the current year. 

In addition, the Committee reminds the BIS of the requirements 

of section 605 of this Act. 

The Bureau of Industry and Security is responsible for protecting 

the U.S. national security and economic interests by enhancing the 

efficiency of the export control system; ensuring U.S. industry complies with the Chemical Weapons Convention agreement and the 

Additional Protocol to the International Atomic Energy Safeguards 

Agreement; preventing illegal exports and identifying violators of 

export prohibitions and restrictions for prosecution; and enhancing 

the export and transit controls of nations seeking to improve their 

export control systems. 

ECONOMIC DEVELOPMENT ADMINISTRATION

The recommendation includes $227,569,000 for the programs and 

administrative expenses of the Economic Development Administration (EDA) for fiscal year 2006, which is $200,985,000 above the request, and $56,491,000 below the current year level. The Committee recommendation does not adopt the President’s proposal to 

create a new grant program entitled ‘‘Strengthening America’s 

Communities Initiative’’ to include the elimination of the Economic 

Development Assistance program and the Trade Adjustment Assistance for Firms program. 

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

The Committee provides $200,985,000 for the Economic Development Assistance program and the Trade Adjustment Assistance for 

Firms program. The Committee continues funding for the traditional programs of the EDA to provide needed assistance to communities struggling with long-term economic dislocation, as well as 

sudden and severe economic dislocation. Of the amounts provided, 

$107,656,000 is for Public Works and Economic Development, 

$45,400,000 is for Economic Adjustment Assistance, $27,000,000 is 

81 

for planning, $8,434,000 is for technical assistance, including university centers, $12,000,000 is for trade adjustment assistance, and 

$495,000 is for research. 

The Committee directs EDA to continue operations and funding 

of the planning grant program for existing and designated economic districts in a manner that is consistent with the current and 

ongoing practices, policies and existing rules and regulations. 

The Committee continues to expect EDA to assist communities 

impacted by economic dislocations related to coal industry 

downturns due to environmental concerns at no less than the fiscal 

year 2005 level. 

The Committee directs EDA to provide assistance to an applicant 

for planning under this account only if the applicant agrees to 

make available to the public on request their audited statements, 

annual budgets, and minutes of meetings and agrees to provide the 

public reasonable notice of, and an opportunity to attend, their 

meetings. The Committee further directs EDA to provide assistance 

to an applicant for planning under this account only after the applicant files appropriate Federal financial disclosure statements. 

The Committee continues to direct EDA to ensure that funds provided under this account are targeted to the most severely distressed areas, which, absent the assistance provided by the EDA, 

would have little or no access to resources for infrastructure development and capacity building. This puts the program on firm 

ground to carry out its purpose to provide the ‘‘seed capital’’ to distressed areas to allow local communities to increase their ability to 

create new economic opportunities and jobs in accordance with 

local priorities. 

SALARIES AND EXPENSES

The Committee recommendation includes $26,584,000 for the salaries and expenses of the EDA, the same as the request, and 

$3,491,000 below the current year level. The Committee continues 

to direct the EDA to aggressively pursue all opportunities for reimbursement, deobligations and use of non-appropriated resources, including the care and protection of collateral accounts, to maximize 

the operating level. 

In addition, the Committee reminds EDA of the requirements 

under section 605 of this Act regarding reorganization proposals. 

The recommendation retains language in the bill to provide the 

authority to use this appropriation to monitor projects approved 

under Title I of the Public Works Employment Act of 1976, Title 

II of the Trade Act of 1974, and the Community Emergency 

Drought Relief Act of 1977. 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

The Committee recommendation includes $30,024,000 for the Minority Business Development Agency for fiscal year 2006. The recommendation is $524,000 above fiscal year 2005 and $703,000 

below the request. The Committee recommendation assumes continuation of the Emerging Minority Business Leaders program at 

the fiscal year 2005 level. 

82 

ECONOMIC AND INFORMATION INFRASTRUCTURE

The Committee recommendation includes under this section the 

Department of Commerce agencies responsible for the nation’s 

basic economic and technical information infrastructure, as well as 

the administrative functions to oversee the development of telecommunications policy. 

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

The Committee recommendation includes $80,304,000, which is 

$1,373,000 above the current year and $4,973,000 below the request, for the economic and statistical analysis programs of the Department of Commerce, including the Bureau of Economic Analysis 

(BEA), for fiscal year 2006. The recommendation does not recur 

funding for a one-time only economic study. The Committee has 

provided programmatic increases totaling a 60 percent increase 

over the past five years. The Committee has provided this level of 

increase to ensure that policy makers have better access to more 

accurate and timely economic data on the changing global economy. 

The Committee recognizes the valuable role the Economic and 

Statistics Administration plays within the Department of Commerce by providing executive direction and oversight to the Bureau 

of Economic Analysis and the Census Bureau. The Committee intends that the funding level for the Economics and Statistics Administration in fiscal year 2006 will be sufficient to carry out its 

mission of providing key statistical information to the Executive 

and Legislative branches of the government. 

The Economic and Statistics Administration is responsible for 

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 in developing economic policy. 

BUREAU OF THE CENSUS

The Committee recommendation includes a total operating level of $832,237,000 for the Bureau of the Census, which is $45,148,000 

below the request and $87,439,000 above the amount provided in 

fiscal year 2005. 

SALARIES AND EXPENSES

The Committee recommendation includes $208,029,000 for the 

salaries and expenses of the Bureau of the Census for fiscal year 

2006, which is $12,000,000 below the request, and $11,919,000 

above the current year level. The recommendation includes 

$143,547,000 for current economic statistics, $60,888,000 for current demographic statistics, and $3,594,000 for survey development 

and data services. Within the amount provided for current economic statistics, $2,000,000 is for the longitudinal employer/household dynamics program, as requested; $7,083,000 is for adjustments to base costs; and $2,836,000 is for increased efforts to capture more accurate trade statistics. The Committee directs the Bureau to continue to streamline and prioritize programs to ensure 

the highest priority core activities are supported. The Committee 

83 

expects the Bureau to be fully reimbursed for any non-core survey 

conducted for any other Federal agency or private organization. 

The Committee continues its direction regarding the production 

of monthly Export-Import and Trade Balance statistics on a North 

American Industry Classification System basis, and the Advanced 

Technology Trade Imports, Exports, and Net Balance by Country 

in the Bureau’s monthly reports. The Committee understands that 

this information will not be seasonally adjusted. Further, the Committee expects the U.S. Trade in Advanced Technology Products to 

be presented in a more useable format for policy makers and the 

general public. This information should highlight the European 

Union, China, Indonesia, Japan, Malaysia, the Philippines, Singapore, India, and South Korea. The following Advanced Technology 

categories: biotechnology, life science, opto-electronics, information 

& communications, electronics, flexible manufacturing, advanced 

materials, aerospace, weapons, and nuclear technology should be 

continued. 

The Bureau is directed to include socks in its quarterly Current 

Industrial Reports on Apparel, and to produce a one-time annual 

report for 2005 domestic sock production. The Committee includes 

sufficient funding for the Manufacturing and Construction Statistics Division for this purpose. 

In addition, the Committee expects that key reports on manufacturing, general economic and foreign trade statistics will be maintained and issued on a timely basis. 

The Committee directs the Bureau to undertake a study on using 

prisoner’s permanent homes of record, as opposed to their incarceration sites, when determining their residences. The Bureau should 

report back to the Committee on its findings within 90 days of enactment of this Act. 

The recommendation provides for the current statistical programs of the Bureau of the Census, which includes 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 decisionmaking by governments, private organizations, and individuals. 

PERIODIC CENSUSES AND PROGRAMS

The Committee recommendation includes a total of $624,208,000 

for all periodic censuses and related programs in fiscal year 2006, 

which is $75,520,000 above the fiscal year 2005 level and 

$33,148,000 below the request. 

Re-engineered Design Process for the 2010 Short-Form Census 

Program.—The recommendation includes $213,849,000 for the 

short-form only Census in 2010, which is $630,000 below the request. The Committee continues to support the Bureau’s efforts to 

establish an early design and planning process to allow sufficient 

time to test the major elements of a simplified, streamlined shortform census. This new approach should allow the Census Bureau 

to fulfill important constitutional and legal mandates more accurately. Further, this new process should reduce the costs to the 

American taxpayer by nearly $2,000,000,000 instead of repeating 

the same process conducted in the 2000 census. The recommendation includes the following: 

84 

[In thousands of dollars] 

Decennial Census 2010: 

Program Development and Management ..................................... $4,315 

Content, Questionnaires, and Products ........................................ 17,410 

Field Data Collection & Support ................................................... 73,336 

Automated Data Collection & Support ......................................... 61,058 

Design, Methodology, and Evaluation .......................................... 37,678 

Census Test and Dress Rehearsal ................................................. 20,052 

Re-engineered Design Process ....................................................... 213,849 

American Community Survey (ACS).—The Committee recommendation includes $169,948,000 for the American Community 

Survey, which is the same as the request, and $23,939,000 above 

the current year level. The Committee is steadfast in its support 

of the Census Bureau and the Administration’s efforts to collect 

long-form data on an on-going basis rather than waiting for oncea-decade decennial long-form data. The recommendation includes 

the following: 

[In thousands of dollars] 

Initial Mail Collection ........................................................................... $37,412 

Telephone Non-Response Follow-up ..................................................... 16,498 

Personal Visit Non-Response Follow-up .............................................. 66,104 

Puerto Rico ............................................................................................. 3,252 

Group Quarters ...................................................................................... 7,604 

IT Infrastructure .................................................................................... 5,105 

Data Processing, Weighting & Review ................................................. 12,575 

Data Dissemination ............................................................................... 7,503 

Partnership and Outreach .................................................................... 2,049 

Project Management .............................................................................. 3,246 

Methods Panel ....................................................................................... 8,600 

American Community Survey ............................................................... 169,948 

The Committee recommendation includes the full request for the 

new methods panel. The Committee expects the methods panel to 

ensure a more comprehensive and streamlined approach to multiple data collection techniques and to ensure that any change in 

the language of survey questions will maximize clarity in order to 

elicit correct responses. 

Master Address File (MAF)/Topologically Integrated Geographic 

Encoding and Referencing (TIGER).—The Committee recommendation includes $79,799,000 for MAF/TIGER Re-engineering, which is 

the same as the request, and $2,511,000 below the current year 

level. The Committee supports efforts to enhance the MAF/TIGER 

to include street and address information from States, localities, 

and tribal governments. It is in the best interest of the Federal, 

State, local, and tribal communities to make all existing information available to the Census Bureau to result in the most accurate 

database. The Committee directs the Secretary of Commerce to 

take all available measures to reduce the requirement of payment 

for information currently available from certain governments. Further, the Committee directs the Secretary of Commerce to work 

with other Departments to gain access to currently available aerial 

photography. Further, the Secretary is directed to utilize global positioning system technology and aerial photography to update existing information only if these measures are shown to be a more cost 

effective alternative. The recommendation includes the following: 

[In thousands of dollars] 

Modern Processing Environment ......................................................... $10,456 

Geographic Partnership Programs ....................................................... 3,928 

Evaluations ............................................................................................ 3,296 

85 

Street Address Location Corrections & GPS ....................................... 53,561 

Address Updating System ..................................................................... 8,558 

MAF/TIGER Re-Engineering ......................................................... 79,799 

Non-Decennial Programs.—The Committee recommendation includes $160,612,000 for non-decennial periodic census programs, 

$32,464,000 below the request, and $1,989,000 below the current 

year level. 

[In thousands of dollars] 

Periodic Censuses: 

Other Periodic Programs: 

Economic Censuses ......................................................................... $68,275 

Census of Governments ................................................................. 4,653 

Subtotal, Economic Programs ................................................ 72,928 

Demographic Statistics Programs: 

Intercensal Demographic Estimates ............................................. 9,000 

Demographic Survey Sample Design ............................................ 10,474 

Geographic Support ........................................................................ 37,785 

Data Processing Systems ............................................................... 30,425 

Subtotal, Demographic Programs .......................................... 87,684 

Total, Non-Decennial Programs ............................................. 160,612 

Subgroup Enumeration.—The Committee commends the efforts 

of the Census Bureau to work with interested parties to ensure 

that necessary measures will be taken to ensure accuracy in enumerating Hispanic subgroups. 

The Committee appreciates the efforts of the Census Bureau to 

consider new options for reporting data reflecting all citizens of the 

United States, including Puerto Rico. 

Language is continued regarding changes to the race category for 

collection and dissemination purposes. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

The Committee recommendation includes a total of $19,716,000 

for the National Telecommunications and Information Administration (NTIA) for fiscal year 2006, which is $3,734,000 below the request and $18,962,000 below the current year for salaries and expenses, and the public telecommunications facilities, planning and 

construction accounts. 

NTIA is responsible for developing domestic and international 

telecommunications and information policy for the Executive 

Branch, ensuring the efficient and effective use of the Federal radio 

spectrum, and administering Federal programs that support telecommunications facilities for public broadcasting. 

SALARIES AND EXPENSES

The Committee recommendation includes $17,716,000 for the 

Salaries and Expenses appropriation of the National Telecommunications and Information Administration, which is $3,734,000 below 

the request and $516,000 above the current year. 

The Committee continues to direct the Administration to aggressively pursue all opportunities for reimbursement, deobligations, 

and use of non-appropriated resources, to maximize the operating 

level for NTIA mission purposes. 

86 

The Committee recommendation and the request assume that at least an additional $37,116,000 will be available to the NTIA in fiscal year 2006 through reimbursements from other agencies for the 

costs of providing spectrum management, analysis and research 

services. 

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

The Committee recommendation includes $2,000,000, which is 

the same as the request and $19,478,000 below the current year, 

to provide program management of existing planning and construction grants for public television, radio, and non-broadcast facilities. 

The Committee notes that as of March 2005, 307 of the 356 public television stations are now transmitting a digital signal. These 

stations serve markets representing 93.9 percent of American 

households with television. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

The Committee recommendation includes $1,703,300,000 for the 

United States Patent and Trademark Office (USPTO) for fiscal 

year 2006, which is $158,546,000 above the current year level and 

the same as the request, to be derived from offsetting fee collections. 

The Committee includes language regarding the number of positions and full-time equivalents for the examination of trademarks 

and patent applications. Further, language is included designating 

the number of positions and full-time equivalents for the programmatic Office of General Counsel, including the Office of the 

General Counsel, Office of the Solicitor, Trademark Trial and Appeal Board, Patent Appeals and Interferences, General Law Office, 

and the Office of Enrollment and Discipline; and for external affairs. 

Within the amounts available, the Committee expects that the 

PTO will continue its relationships with the National Inventor’s 

Hall of Fame and Inventure Place, and with the International Intellectual Property Institute at no less than the levels in fiscal year 

2005. 

The Committee supports efforts by the International Intellectual 

Property Institute to work with the University of Central Florida 

to design a curriculum to combat intellectual property rights infringement. 

The Committee reminds the PTO that any changes from the 

funding distribution provided in the bill and report including carryover balances are subject to the reprogramming procedures set 

forth in section 605 of this Act. 

The Committee supports PTO’s efforts to provide PTO comprehensive training programs. PTO shall provide to the Committee, 

by February 15, 2006, a report detailing space requirements for a 

training facility. 

In addition, PTO shall submit to the Committee, not later than 

three months after the enactment of this Act, a spending plan that 

incorporates any carryover balances from previous fiscal years and 

any changes to the patent or trademark fee structure. Further, this 

87 

spending plan should be updated on a monthly basis and submitted 

to the Committees at the end of each month in fiscal year 2006. 

Telework.—The Committee commends PTO for its successful 

telework program. The Committee understands that by the end of 

May 2005, 180 trademark examining attorneys will be working 

from home, representing 54 percent of the total trademark examining corps. The Committee understands that the PTO currently 

has 30 other trademark professionals involved in a telework program. Further, the Committee lauds the efforts of the patent examiners and the PTO to increase the number of teleworking patent 

examining professionals to 976, or 60 percent of the senior patent 

examiner workforce. In addition, the Committee understands that 

the PTO also has 267 patent managers on a variety of telework 

programs. 

The PTO is charged with administering the patent and trademark laws of the United States. PTO examines patent applications, 

grants patent protection for qualified inventions, and disseminates 

technological information disclosed in patents. The PTO also examines trademark applications and provides Federal registration to 

owners of qualified trademarks. The PTO advises the Office of the 

United States Trade Representative on enforcement issues in connection with free trade agreements and participates in consultations with numerous foreign governments on a broad range of 

issues related to the enforcement of intellectual property rights. 

SCIENCE AND TECHNOLOGY

The Committee recommendation includes $3,984,204,000 in direct appropriations for the Science and Technology programs of the 

Department of Commerce, including the National Institute of 

Standards and Technology and the National Oceanic and Atmospheric Administration, which is $646,648,000 below the current 

year, and $133,180,000 below the request. 

TECHNOLOGY ADMINISTRATION

SALARIES AND EXPENSES

The recommendation includes $6,460,000 for necessary expenses 

of the Under Secretary for Technology Policy and the Office of 

Technology Policy, which is the same as the current year level and 

$2,260,000 above the request. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

The Committee includes $548,744,000 for the National Institute 

of Standards and Technology (NIST) for fiscal year 2006, which is 

$150,481,000 below the current year and $16,779,000 above the request. 

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

The Committee recommendation includes $397,744,000 for the 

Scientific and Technical Research and Services (core programs) of 

the National Institute of Standards and Technology, which is 

$18,980,000 above the current year, and $28,523,000 below the request. 

88 

The Committee recommendation includes $390,244,000 and 1,943 

positions to support the full base operating costs of the core NIST 

programs. The recommendation does not include a requested adjustment to base funding of $5,128,000 to restore fiscal year 2005 

rescissions. In addition, the Committee recommendation includes a 

programmatic increase totaling $7,500,000 under this account for 

advances in nanomanufacturing and nanometrology. Specifically, 

the program increase will enable NIST to establish the National 

Nanomanufacturing and Nanometrology Facility (N3F) at which 

government and industry can pursue collaborative nanotechnology 

efforts. The Committee expects this funding to result in the creation of a measurement infrastructure that will enable United 

States industries to better compete by promoting innovations in 

nanotechnology. 

The Committee expects NIST to continue to prioritize funding for 

programs associated with standards and guidelines relating to the 

national security of the United States, including efforts relating to 

biometric and cyber security and programs relating to improvements to the nation’s manufacturing and services sectors. The recommendation also continues funding for a telework project and a 

critical infrastructure program, at the same funding levels as in fiscal year 2005. The Committee encourages NIST to allocate funding 

available under this account to carry out responsibilities under the 

National Earthquake Hazards Reduction Program (Public Law 

108–360). Finally, the Committee continues to support efforts to 

ensure that United States business interests are represented in 

international standards negotiations, and expects that NIST will 

collaborate with the Office of the United States Trade Representative and the Department of State on innovative ways to reduce 

trade barriers to United States exports by ensuring that United 

States standards are adopted in international negotiations. 

The Committee directs NIST to submit to the Committee, no 

later than November 15, 2005, a spending plan proposing an allocation of all resources available under this account in fiscal year 

2006. 

MANUFACTURING EXTENSION PARTNERSHIPS

The Committee recommendation includes $106,000,000 for Manufacturing Extension Partnerships (MEP), which is $1,544,000 

below the amount provided in the current year and $59,200,000 

above the request. In fiscal year 2005, funding for MEP was appropriated under the Industrial Technology Services account. The 

Committee recommendation does not include any funding under 

that heading. The Committee adopts the President’s request by not 

including funding for the Advanced Technology Program. 

MEP is a collaborative partnership program that provides United 

States manufacturers with access to technologies, resources, and 

expertise through network of manufacturing extension centers. 

Federal support for the MEP program, combined with State and 

private sector funding, is intended to translate into more jobs, more 

tax revenue, more exports, and a more secure supply source of consumer and defense goods. 

The Committee directs NIST to provide assistance to an applicant under the MEP program only if the applicant agrees to make 

available to the public on request their audited statements, annual 

89 

budgets, and minutes of meetings and agrees to provide the public 

with reasonable notice of, and an opportunity to attend, their meetings. The Committee further directs NIST to provide assistance to 

an applicant under the MEP program only after the applicant files 

appropriate Federal financial disclosure statements. 

CONSTRUCTION OF RESEARCH FACILITIES

The Committee recommendation includes $45,000,000 for the 

construction and major renovations of the NIST campuses at Boulder, Colorado, and Gaithersburg, Maryland. This account supports 

the construction, maintenance, and repair of NIST facilities to meet 

the Nation’s measurement and research needs. 

The recommendation includes all requested adjustments to base, 

except for amounts requested to restore fiscal year 2005 rescissions. The recommendation includes program increases totaling 

$22,448,000 including: $9,400,000 for the Boulder Central Utility 

Plant; $8,064,000 for safety, capacity, maintenance and major repairs; and $4,984,000 for AML Maintenance and additional renovation and design projects in Boulder and Gaithersburg. The Committee directs NIST to submit quarterly reports to the Committee 

on the progress of all construction projects during fiscal year 2006. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

The Committee recommendation includes a total of 

$3,432,000,000 in discretionary appropriations for the National 

Oceanic and Atmospheric Administration (NOAA), which is a decrease of $496,167,000 below the current year level including supplemental amounts, and $152,219,000 below the request. Detailed 

recommendations for NOAA’s individual appropriations accounts 

are contained in the following paragraphs. 

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

The Committee recommendation includes a total program level of $2,543,000,000 under this account for the coastal, fisheries, marine, 

weather, satellite and other programs of the National Oceanic and 

Atmospheric Administration. This total funding level includes 

$2,444,000,000 in direct appropriations, a transfer of $77,000,000 

from balances in the ‘‘Promote and Develop Fishery Products and 

Research Pertaining to American Fisheries’’ account, a transfer of 

$3,000,000 from the Coastal Zone Management Fund, and 

$19,000,000 in deobligated balances from prior year appropriations. 

The direct appropriation of $2,444,000,000 is $346,582,000 below 

the fiscal year 2005 level including supplemental amounts, and 

$84,168,000 below the request. 

Language is included prohibiting the application of any general 

administrative charge against assigned activities under NOAA. 

Language is also included limiting the amount available for NOAA 

corporate services administrative overhead, and the amount available for transfer to the Department of Commerce Working Capital 

Fund. The Committee notes that line office personnel and overhead 

costs are funded from the totals provided for each respective line 

office. Funding for common corporate services and for a payment 

to the Department’s Working Capital Fund has been provided diVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00089 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
90 

rectly on separate line items in the Program Support budget. The 

Committee recommendation also consolidates funding for education 

programs in the Program Support budget. The Committee continues to expect NOAA to include in the annual budget justification 

document a clear delineation of the positions, full-time equivalents, 

and salary-related costs within the request for each line office, and 

for Program Support. 

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

National Ocean Service (NOS).—The recommendation provides $382,248,000 for NOS operations, research and facilities. The recommendation includes an increase of $12,780,000 above the current 

year level for base Mapping and Charting activities, and the requested amount for shoreline mapping. The Committee encourages 

NOAA to continue its support for electronic navigational charts, 

and for the MS/LA Digital Coast project from within available 

funds. The recommendation also includes $31,487,000, the requested amount, to address the hydrographic survey backlog detailed in the National Survey Plan. The Committee directs NOAA 

to provide to the Committee, no later than January 31, 2006, a report documenting the updated composition of the backlog and an 

implementation plan for addressing the backlog. The Committee 

expects NOAA to propose a distribution of the total amount recommended for Geodesy programs through the reprogramming process detailed under section 605 of this Act. Within this amount, the 

Committee encourages NOAA to consider the continuation of funding for high-priority State geodesy and height modernization initiatives. Within the amount provided for Tide and Current Data, the 

Committee supports continued funding for Physical Oceanographic 

Real Time Systems. The Committee notes that NOAA is examining 

its current contracting strategy and exploring means to achieve expansion of contracting opportunities with the private sector in mapping and charting. The Committee understands that NOAA expects 

to publish a final, updated contracting policy by March 2006. 

The recommendation includes a total of $51,800,000 for oceanic 

and coastal research and science, an increase of $3,847,000 above 

the comparable request. This includes $24,800,000 for the National 

Centers for Coastal Ocean Science and $27,000,000 for extramural 

research. The recommendation also includes an additional 

$15,000,000 above the request for a new competitive national program for partnerships in coastal and ocean observing. This funding 

will focus on accelerating the integration of national and regional 

ocean observing networks, and provide sustained real-time observations for safe and efficient navigation. The recommendation for 

NOS includes $28,200,000 for Coral Reef programs, including the 

continuation of program activities in Florida and Puerto Rico. The 

amount provided for Response and Restoration includes the requested amount for Response and Restoration, and Estuary Restoration base programs. Any allocation of funding under this heading to Pribilof Islands activities shall be subject to the procedures 

detailed in section 605 of this Act. The Committee encourages 

NOAA to allocate any excess unobligated prior year balances to 

Pribilof Island cleanup activities through the reprogramming process. The Committee is pleased by NOAA’s response and restoration 

efforts on Vieques Island, Puerto Rico, and expects NOAA to conVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00090 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
91 

tinue to provide assistance, as needed, to the Departments of Defense and the Interior and the Environmental Protection Agency in 

carrying out cleanup responsibilities. The Committee also expects 

NOAA to continue to provide funds for the aquatic resources environmental initiative. With regard to the Marine Sanctuaries Program, NOAA shall submit a report to the Committee by August 15, 

2005, on the allocation of appropriations under the program in fiscal year 2004 and 2005, and the status of obligation for such funds. 

National Marine Fisheries Service (NMFS).—The recommendation provides $556,605,000 for NMFS operations, research and facilities. The recommendation includes the full request for base 

funding for research and management personnel costs. The recommendation continues funding for horseshoe crab research, tuna 

tagging, bluefish/striped bass research, the Virginia trawl survey, 

and highly migratory shark research. The recommended funding 

level to expand stock assessments is an increase of $1,300,000 

above the current year level, and includes funding for continuation 

of a West Coast in-season harvest data collection system. Within 

the amount provided for Protected Species Research and Management, the Committee expects NOAA to continue current year funding for National Fish and Wildlife Foundation species management 

programs, and to give priority to investigating ocean noise and its 

effects on the recovery of protected marine mammals. Within the 

amount provided for Sustainable Habitat Management, the recommendation continues funding for Chesapeake Bay studies, oyster 

restoration, the non-native oyster Chesapeake Bay program, and 

blue crab research. Within the amount provided for Fisheries Habitat Restoration, the Committee expects NOAA to continue funding 

for the Bronx River Restoration and Pinellas County Environmental Fund programs. Within the amount provided for NMFS, the 

Committee encourages NOAA to improve research, data and observation efforts with regard to the shrimp fishery. The Committee is 

aware of concerns that adequate funding has not been made available for fisheries disaster recovery efforts associated with damage 

resulting from Hurricane Isabel. The Committee directs NOAA to 

report to the Committee by July 31, 2005 on the status of such efforts, including on the existence of balances of prior year appropriations for disaster recovery that could be redirected to meet current 

needs. 

Oceanic and Atmospheric Research (OAR).—The recommendation 

includes $326,300,000 for OAR operations, research and facilities. 

The recommendation includes $68,500,000 for the Climate and 

Global Change program, an increase of $11,095,000 above the request. The recommendation for Climate Observations and Services 

is an increase of $9,293,000 above the current year level. Within 

the total amount provided for Climate Research, the recommendation includes the requested level of $10,300,000 for costs associated 

with maintaining the United States’ share of the international 

ARGO float array. The recommendation includes $3,000,000 for 

Arctic Research, as requested. Within the amount available under 

OAR, the Committee encourages NOAA to support planning activities related to the upcoming International Polar Year. The recommendation for Weather and Air Quality Research continues the 

current year funding level for tornado severe storm research/ 

phased array radar. The amount provided for Invasive Species and 

92 

Partnership Programs continues funding for aquatic ecosystems 

programs. The recommendation also provides $60,000,000 for the National Sea Grant College Program, which is $2,831,000 above the current 

year level. Funding for the Education Partnership Program/Minority Serving Institutions program, requested under OAR, is included 

under the recommendation for Program Support. The recommendation includes $12,000,000 to continue research activities associated 

with ocean exploration and undersea research. Educational programs associated with ocean exploration and undersea research are 

funded under the recommendation for Program Support. 

National Weather Service (NWS).—The recommendation provides $759,142,000 for National Weather Service operations, research 

and facilities. The recommendation represents an increase of 

$14,312,000 above the request to bolster critical forecast and warning functions. 

The Committee appreciates NOAA’s recent actions to put in place 

an improved United States tsunami warning network. The recommendation for Local Warnings and Forecasts, combined with 

amounts provided in supplemental fiscal year 2005 appropriations, 

includes all requested amounts for tsunami hazard mitigation, 

buoy deployment, inundation mapping, community outreach, upgrades to gage networks, and expanded operations at the warning 

centers. The Committee encourages NOAA to take advantage of the 

existing resources of the Puerto Rico Seismic Network in its efforts 

to establish a tsunami warning network in the Caribbean/Gulf of 

Mexico. 

The recommendation for Local Warnings and Forecasts also includes full requested funding for the Space Environment Center, 

continues funding for the multi-year, multi-disciplinary hurricane 

mitigation cooperative research initiative, and includes funding for 

air quality forecasting programs including $1,750,000 to establish 

air quality and meteorological monitoring equipment throughout 

the Shenandoah Valley and utilize computer modeling software 

and data processing hardware to gather, analyze and disseminate 

real-time and predictive information to local decision makers, research programs, and the general public. Within the amount provided for Advanced Hydrological Prediction Services, the Committee expects that NOAA will continue to support critical upgrades to the Susquehanna River Flood Forecasting and Warning 

System. Within the amount provided for Weather Radio Transmitters, the Committee expects NOAA to address any lack of weather 

radio coverage in Harper and Sedgwick Counties, Kansas, and in 

Michigan and Mississippi, in order to increase warning times in the 

event of severe storms and tornadoes. 

The Committee understands that NOAA has withdrawn a proposal to change the name of the National Weather Service, as well 

as other NOAA line offices. The Committee agrees that these 

changes are unnecessary and that renaming could lead to confusion 

among users of long-standing programs and services with substantial name recognition. The Committee expects to be notified in advance of any future efforts to implement such name changes. 

The Committee urges the National Oceanic and Atmospheric Administration and the National Weather Service to take maximum 

advantage of capabilities and services that already exist in the 

93 

commercial sector to eliminate duplication and maximize the accomplishment of the core mission of the National Weather Service. 

National Environmental Satellite, Data and Information Service 

(NESDIS).—The recommendation provides $158,300,000 for 

NESDIS operations, research and facilities. The recommendation 

represents an increase of $4,318,000 above the request. The recommendation for product development, readiness and application 

does not include requested phase out funding for a wind demonstration project. NOAA may propose to allocate funds for this 

purpose in fiscal year 2006 through a reprogramming of prior year 

balances. The recommendation for Data Centers and Information 

Services continues funding for environmental data archiving, access and assessment activities, the GOES Data Archive project and 

environmental data systems modernization. 

Program Support.—The recommendation provides $360,405,000 

for Program Support, including $189,010,000 for corporate services, 

$22,095,000 for facilities, $120,400,000 for marine and aviation operations, and $28,900,000 for education programs. The amount provided for corporate services includes $63,710,000 for consolidated 

corporate administrative costs, and $40,700,000 for a payment to 

the Department’s Working Capital Fund. The recommendation continues language prohibiting the charging of line office program 

budgets for costs of corporate services. The amounts for facilities 

and for marine and aviation operations are the same as the budget 

request. The recommendation does not include funding for Program 

Planning and Integration as a separate line office. The recommendation assumes that these functions can be covered within 

the program increase provided for other policy formulation and direction activities, and recommends that these functions be incorporated under Program Support in future budget justifications. 

The recommendation for education programs consolidates funding for a number of continuing activities and provides an increased 

pool of resources for a general education fund. The Committee expects that this funding level will support continuing activities, such 

as JASON; bay and watershed education programs; Education 

Partnership Program/Minority Serving Institutions; and education 

activities related to ocean exploration and undersea research. The 

Committee expects that these education programs will be carried 

out by the line or programmatic office with the requisite expertise 

and capability. The Committee is aware of efforts to establish an 

interpretive buoy system in the Chesapeake Bay that will provide 

information on current conditions and water quality, as well as 

area history. The Committee encourages NOAA to support such efforts. In addition, the Committee expects NOAA to expand on current year efforts to implement the NOAA Education Plan, and address educational priorities identified in the U.S. Ocean Action 

Plan. Within 60 days of the enactment of this Act, NOAA shall submit a detailed spending plan to the Committee that allocates all 

funding for NOAA education programs. This spending plan shall be 

subject to the reprogramming notification requirements under section 605 of this Act. 

94 

NATIONAL OCEAN SERVICE—OPERATIONS RESEARCH AND FACILITIES 

[In thousands of dollars] 

Amount 

Navigation Services: 

Mapping & Charting ....................................................................................................................................... $50,761 

Address Survey Backlog/Contracts .................................................................................................................. 31,487 

Geodesy ............................................................................................................................................................ 24,000 

Tide & Current Data ........................................................................................................................................ 23,000 

Total, Navigation Services .......................................................................................................................... 129,248 

Ocean Resources Conservation and Assessment: 

Ocean Assessment Program ............................................................................................................................ 17,000 

Coral Reefs ...................................................................................................................................................... 28,200 

Response and Restoration .............................................................................................................................. 21,100 

National Centers for Coastal Ocean Science .................................................................................................. 24,800 

Extramural Oceanic and Coastal Research & Science ................................................................................... 27,000 

Integrated Ocean Observing ............................................................................................................................ 15,000 

Total, Ocean Resources Conserv. & Assess. .............................................................................................. 133,100 

Ocean and Coastal Management: 

CZM Grants ..................................................................................................................................................... 64,000 

CZMA Program Administration ........................................................................................................................ 6,700 

National Estuarine Research Reserve System ................................................................................................ 16,400 

Marine Protected Areas ................................................................................................................................... 2,800 

Marine Sanctuary Program .............................................................................................................................. 30,000 

Total, Ocean and Coastal Management ..................................................................................................... 119,900 

Total, National Ocean Service—ORF .......................................................................................................... 382,248 

NATIONAL MARINE FISHERIES SERVICE—OPERATIONS, RESEARCH AND FACILITIES 

[In thousands of dollars] 

Amount 

Fisheries Research & Management: 

Research and Management Programs ............................................................................................................ $181,704 

Expand Stock Assessments—Improve Data Collection .................................................................................. 21,800 

Fish Statistics ................................................................................................................................................. 12,771 

Fisheries Information Networks ....................................................................................................................... 21,399 

Regional Councils and Fisheries Commissions .............................................................................................. 24,641 

Survey and Monitoring Projects ...................................................................................................................... 22,290 

Protected Species Research and Management ............................................................................................... 126,000 

Total, Fisheries Research & Management .................................................................................................. 410,605 

Other Activities Supporting Fisheries: 

Chesapeake Bay Studies ................................................................................................................................. 2,000 

Cooperative Research ...................................................................................................................................... 9,500 

Information Analyses and Dissemination ....................................................................................................... 18,000 

National Environmental Policy Act .................................................................................................................. 4,000 

Facilities Maintenance .................................................................................................................................... 4,000 

Total, Other Activities ................................................................................................................................. 37,500 

Habitat Conservation and Restoration: 

Sustainable Habitat Management & Conservation ........................................................................................ 19,000 

Fisheries Habitat Restoration .......................................................................................................................... 17,000 

Total, Habitat Conservation and Restoration ............................................................................................. 36,000 

Enforcement and Observers: 

Enforcement and Surveillance ........................................................................................................................ 48,000 

95 

NATIONAL MARINE FISHERIES SERVICE—OPERATIONS, RESEARCH AND FACILITIES—Continued 

[In thousands of dollars] 

Amount 

Observers and Training ................................................................................................................................... 24,500 

Total, Enforcement and Observers ............................................................................................................. 72,500 

Total, National Marine Fisheries Service—ORF ......................................................................................... 556,605 

OCEANIC AND ATMOSPHERIC RESEARCH—OPERATIONS, RESEARCH AND FACILITIES 

[In thousands of dollars] 

Amount 

Climate Research: 

Laboratories & Joint Institutes ........................................................................................................................ $47,900 

Climate and Global Change ............................................................................................................................ 68,500 

Climate Observations and Services ................................................................................................................ 23,000 

Arctic Research ............................................................................................................................................... 3,000 

Climate Change Research Initiative ............................................................................................................... 37,000 

Total, Climate Research ............................................................................................................................. 179,400 

Weather & Air Quality Research 

Laboratories & Joint Institutes ........................................................................................................................ 35,500 

Tornado/Severe Storm Research/Phased Array Radar .................................................................................... 2,000 

Total, Weather & Air Quality Research ....................................................................................................... 37,500 

Ocean, Coastal, and Great Lakes Research 

Laboratories & Joint Institutes ........................................................................................................................ 20,100 

Undersea Research and Ocean Exploration .................................................................................................... 12,000 

National Sea Grant College Program .............................................................................................................. 60,000 

Invasive Species and Partnership Programs .................................................................................................. 4,300 

Total, Ocean, Coastal, and Great Lakes Research .................................................................................... 96,400 

Information Technology & R&D ................................................................................................................................ 13,000 

Total, Oceanic and Atmospheric Research—ORF ...................................................................................... 326,300 

NATIONAL WEATHER SERVICE—OPERATIONS, RESEARCH AND FACILITIES 

[In thousands of dollars] 

Amount 

Operations and Research: 

Local Warnings and Forecasts ........................................................................................................................ $597,397 

Advanced Hydrological Prediction Services ..................................................................................................... 6,100 

Aviation Weather ............................................................................................................................................. 3,500 

WFO Maintenance ............................................................................................................................................ 7,390 

Weather Radio Transmitters ............................................................................................................................ 2,320 

Central Forecast Guidance .............................................................................................................................. 49,892 

Total, Operations and Research ................................................................................................................. 666,599 

Systems Operation & Maintenance (O&M): 

NEXRAD ............................................................................................................................................................ 43,367 

ASOS ................................................................................................................................................................ 8,593 

AWIPS ............................................................................................................................................................... 37,541 

NWSTG Backup—CIP ...................................................................................................................................... $3,042 

Total, Systems Operation & Maintenance .................................................................................................. 92,543 

96 

NATIONAL WEATHER SERVICE—OPERATIONS, RESEARCH AND FACILITIES—Continued 

[In thousands of dollars] 

Amount 

Total, National Weather Service—ORF ....................................................................................................... 759,142 

NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE—OPERATIONS, 

RESEARCH AND FACILITIES 

[In thousands of dollars] 

Amount 

Environmental Satellite Observing Systems: 

Satellite Command and Control ...................................................................................................................... $44,600 

Product Processing and Distribution .............................................................................................................. 27,600 

Product Development, Readiness & Application ............................................................................................. 24,900 

Commercial Remote Sensing Licensing & Enforcement ................................................................................. 1,000 

Total, Environmental Satellite Observing Systems ..................................................................................... 98,100 

Data Centers & Information Services ...................................................................................................................... 60,200 

Total, NESDIS—ORF ................................................................................................................................... 158,300 

PROGRAM SUPPORT—OPERATIONS, RESEARCH AND FACILITIES 

[In thousands of dollars] 

Amount 

Corporate Services: 

Under Secretary & Associate Offices .............................................................................................................. $27,600 

Consolidated Corporate Administrative Costs ................................................................................................ 63,710 

Payment to DOC Working Capital Fund .......................................................................................................... 40,700 

Policy Formulation and Direction .................................................................................................................... 42,000 

CAMS ............................................................................................................................................................... 11,000 

Information Technology Security ..................................................................................................................... 4,000 

Total, Corporate Services ............................................................................................................................ 189,010 

Education Programs ................................................................................................................................................ 28,900 

Facilities: 

Facilities Management & Construction ......................................................................................................... 17,995 

Environmental Compliance & Safety .............................................................................................................. 4,100 

Total, Facilities ........................................................................................................................................... 22,095 

Marine and Aviation Operations: 

Marine Services ............................................................................................................................................... 86,800 

Fleet Planning and Maintenance .................................................................................................................... 13,000 

Aviation Operations ......................................................................................................................................... 18,600 

Future Healthcare Benefits for Current Officers ............................................................................................. 2,000 

Total, Marine & Aviation Operations .......................................................................................................... 120,400 

Total, Program Support—ORF .................................................................................................................... 360,405 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

The recommendation includes $936,000,000 for the Procurement, 

Acquisition and Construction account, which is $117,335,000 below 

the current year level including supplemental amounts, and 

$29,051,000 below the request. The recommendation assumes that 

an additional $4,000,000 will be available from prior year 

97 

deobligations, resulting in a total program level of $940,000,000. 

The recommendation includes language making any use of 

deobligated funds provided under this heading in previous years 

subject to the reprogramming procedures set forth in section 605 

of this Act. 

National Weather Service (NWS).—The recommendation includes 

$96,837,000 for National Weather Service acquisition and construction, which is $2,404,000 above the request. The recommendation, 

combined with amounts provided in supplemental fiscal year 2005 

appropriations, includes all requested amounts to complete the 

planned acquisition of deep ocean assessment and reporting of 

tsunamis buoys for the Pacific Ocean Basin and the Caribbean/Atlantic Ocean region. The Committee continues the direction included in fiscal year 2005 supplemental appropriations encouraging 

NOAA to develop buoys with capabilities beyond the single purpose 

of tsunami reporting. 

The recommendation also includes requested program increases 

for modernization of the cooperative observer network, and to establish 17 new NOAA Weather Radio stations and refurbish 400 

others. The recommendation provides a requested increase of 

$1,497,000 to establish a Coastal-Global Ocean Observing System 

in the National Weather Service. The Committee expects that this 

funding will complete the ocean instrumentation begun in fiscal 

year 2005, and add ten moored buoys and ten Coastal Marine 

Automated Network units in locations off the U.S. coast where the 

NWS lacks sufficient fixed observation platforms. The recommendation includes requested funding for construction of 

NOAA’s Center for Weather and Climate Prediction. Finally, the 

recommendation restores a proposed reduction of $2,000,000 in the 

radiosonde network replacement program. Radiosondes are a primary data source for NWS weather prediction models used to support severe storm, aviation and marine forecasts, and also support 

climate and other research uses. NOAA shall submit a report to 

the Committee by September 15, 2005, reassessing the current status of the radiosonde replacement effort, and the longer term resource needs to avoid the risk of network collapse and to maintain 

forecast accuracy. 

National Environmental Satellite, Data and Information Service 

(NESDIS).—The recommendation includes $812,863,000 for 

NESDIS acquisition and construction, which is $2,959,000 above 

the request. The recommendation provides the full requested increase of $82,978,000 for the R-Series, the next generation of Geostationary Operational Environmental Satellites (GOES). This 

funding will begin engineering, program definition, risk reduction, 

instrumentation and other work in support of the GOES–R Series, 

with an initial launch date of October 2012. 

The recommendation also provides the full requested increase of 

$16,097,000 for National Polar-orbiting Operational Environmental 

Satellite Systems (NPOESS). The Committee expects that this increase will provide the necessary resources to have the instruments 

and ground system in place to support the launch of the NPOESS 

Preparatory Project (NPP) mission, and maintain the schedule for 

the first NPOESS launch. The Committee understands that technical and management problems in the development of the imaging 

instrument have resulted in a slippage of approximately one year 

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of the NPP launch date. The Committee notes that NOAA does not 

anticipate any corresponding delay to the first NPOESS launch 

scheduled for early 2010. The Committee directs NOAA to report 

to the Committee as soon as possible on the cost impacts, and the 

NPOESS risk reduction implications, of the delay in the NPP mission launch. 

The recommendation includes an increase of $11,000,000 to integrate LANDSAT sensors for incorporation on NPOESS satellites. 

The Committee has fully funded the President’s request under 

NASA for the LANDSAT data continuity mission. NASA will provide the sensors, NOAA will integrate the sensors on NPOESS satellites, and the U.S. Geological Survey will develop the ground systems to manage the data. 

The recommendation includes $3,000,000 for Earth Observing 

System Data Archive & Access System Enhancement, which is 

$2,000,000 above the request. This increase will maintain the current level of funding to manage the increasing quantity of environmental satellite data. 

The Committee notes that the recent report of the National Research Council (NRC) on Earth Science and Applications from 

Space raised specific concerns about the need to evaluate plans for 

transferring certain capabilities from some canceled or descoped 

NASA missions to NPOESS, and the need to strengthen baseline 

climate observations and climate data records. The Committee directs NOAA to submit a report to the Committee by September 15, 

2005, that provides NOAA’s perspective on these issues and responds to the specific recommendations of the NRC report that pertain to NOAA. 

Office of Marine and Aviation Operations (OMAO).—The recommendation includes $2,800,000 for vessel upgrades, an increase 

of $1,000,000 over the current year level. The Committee expects 

this funding to be used for top priority improvements that make 

possible the highest priority science missions. The recommendation 

does not include requested funding for a fourth fisheries survey 

vessel. The Committee expects NOAA to provide the Committee 

with updated information regarding the current status of the second and third fisheries survey vessels. 

National Marine Fisheries Service (NMFS).—The recommendation includes $6,000,000 for NMFS construction. This amount includes the final funding increment for renovation activities at the 

Galveston Laboratory, and continues funding for Aquatic Resources 

and the Conservation Institute. 

National Ocean Service (NOS).—The recommendation includes 

$12,000,000 for NOS construction and acquisition. The Committee 

is aware that several Coastal and Estuarine Land Conservation acquisition projects identified in the fiscal year 2002 Act are unlikely 

to be completed by the end of fiscal year 2005. While the funding 

for these projects is available until expended, guidelines for the 

program set a timetable for the expenditure of funds not to exceed 

three years. The Committee believes that it is appropriate to extend the time for these initial projects, and that funds for these 

projects should be available for an additional two years. Beginning 

in fiscal year 2008, any unexpended funds could be available to be 

competed under the National Ranking and Selection Process. 

99 

The committee expects the Marine Sanctuary Program to develop 

a detailed plan for the development of an Exploration Center for 

the Monterey Bay National Marine Sanctuary located in Santa 

Cruz, CA and report to the Committee on its plan within 60 days 

of enactment. 

The following table identifies the specific activities and funding 

levels included in this Act: 

PROCUREMENT, ACQUISITION & CONSTRUCTION 

[In thousands of dollars] 

Amount 

National Estuarine Research Reserve Construction (NOS) ...................................................................................... $5,000 

Marine Sanctuaries Construction (NOS) .................................................................................................................. 4,000 

Coastal and Estuarine Land Conservation Program (NOS) ..................................................................................... 3,000 

Construction (NMFS) ................................................................................................................................................. 6,000 

Research Supercomputing/CCRI (OAR) .................................................................................................................... 9,500 

Weather and Climate Systems Acquisition (NWS) ................................................................................................... 73,803 

Construction (NWS) .................................................................................................................................................. 23,034 

Satellite Systems Acquisition—Geostationary (NESDIS) ......................................................................................... 358,142 

Satellite Systems Acquisition—POES (NESDIS) ....................................................................................................... 102,673 

Satellite Systems Acquisition—NPOESS (NESDIS) .................................................................................................. 320,998 

NPOESS—LANDSAT Sensor Integration (NESDIS) .................................................................................................... 11,000 

NPOESS—Preparatory Data Exploitation (NESDIS) .................................................................................................. 4,500 

EOS & Advanced Polar Data Systems (NESDIS) ...................................................................................................... 3,000 

CIP—Single Point of Failure (NESDIS) .................................................................................................................... 2,800 

Comprehensive Large Array Data Stewardship (NESDIS) ........................................................................................ 7,500 

Construction (NESDIS) .............................................................................................................................................. 2,250 

Fleet Vessel Upgrades (OMAO) ................................................................................................................................. 2,800 

Total PAC ......................................................................................................................................................... 940,000 

PACIFIC COASTAL SALMON RECOVERY

The recommendation includes $50,000,000 for conservation and 

habitat restoration and recovery grants for endangered and threatened Pacific salmon populations, which is $38,798,000 below the 

current year and $40,000,000 below the request. The recommendation includes language, similar to the request, that (1) lists eligible 

State and tribal grantees under the program; (2) defines the allowable uses of funds under this account; (3) requires that funds disbursed to States be subject to a matching requirement; and (4) requires that non-Federal contributions must be used in direct support of this program in order to fulfill the matching requirement. 

The Committee expects that any guidelines established by the Secretary of Commerce to allocate funding under this account will restrict the use of funding under this account to projects necessary 

for restoration of populations that are listed as endangered or 

threatened or identified as at-risk to be so listed, projects that 

maintain populations necessary for exercise of tribal treaty fishing 

rights or native subsistence fishing, or projects to conserve Pacific 

coastal salmon and steelhead habitat. 

The recommendation continues the guidance from previous years 

regarding the allocation of funds under this account for implementation of the State of Washington’s Forest and Fish report and for 

mass marking equipment used at Federal hatcheries in the State 

of Washington, consistent with the allowable uses of funds under 

this account. 

100 

The Committee continues to be concerned about the lack of effective performance measures for this program. The assessment last 

year noted that performance measures have still not been developed, that project effects on Pacific salmon stocks are still unknown, and that the program has not been able to allocate funds 

based on recovery needs of specific salmon populations. The Committee notes that the program has again received a rating of ‘‘results not demonstrated’’ in the President’s budget for fiscal year 

2006. The Committee acknowledges the significant work that has 

been done in this area, especially in the last year, and appreciates 

the ongoing efforts of the tribes, the States, and the NMFS Northwest Regional Office to put in place a comprehensive performance 

reporting regime which will be instrumental in targeting future resource investments on the most critical recovery needs. 

COASTAL ZONE MANAGEMENT FUND

The recommendation includes requested language allowing not to 

exceed $3,000,000 collected pursuant to the Coastal Zone Management Act to be transferred to the ‘‘Operations, Research and Facilities’’ account to offset the costs of implementing that Act. 

FISHERIES FINANCE PROGRAM ACCOUNT

The recommendation includes language under this heading appropriating $60,000 for the costs of Individual Fishing Quota (IFQ) 

loans, and fishing capacity reduction loans. The recommendation 

includes language designating a total principal amount of direct 

loans of $5,000,000 for IFQ loans, and $18,900,000 for fishing capacity reduction loans. The recommendation does not include requested language designating that loans should be specifically for 

Atlantic pelagic swordfish fishery loans, as no justification was provided to support such specificity. 

OTHER

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The Committee recommendation includes $47,466,000 for costs of 

managing the Department of Commerce, the same as the current 

year, and $6,066,000 below the request. The recommendation continues language designating $1,621,000 and 12 full-time equivalents for the legislative affairs function of the Department. 

This appropriation provides for the Office of the Secretary and 

for staff offices of the Department, which assist in the formulation 

of policy, management, and administration. 

Office Relocations.—The Committee continues to direct the Department to submit quarterly reports providing details of all office 

moves, openings, reductions and closings, and the costs associated 

with all moves. The Committee reminds the Department of the requirements to submit reprogramming notifications under section 

605 of the Act. 

101 

OFFICE OF INSPECTOR GENERAL

The Committee includes $22,758,000 for the Inspector General 

for fiscal year 2006, which is $1,387,000 above the current year 

level and the same as the request. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

The Committee recommends the following general provisions for 

the Department of Commerce, similar to provisions that were included in the fiscal year 2005 Appropriations Act: 

Section 201 of the bill making Department of Commerce 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 making appropriations for the Department in the bill 

for Salaries and Expenses available for hire of passenger motor vehicles, and for services, uniforms and allowances as authorized by 

law; 

Section 203 providing the authority to transfer funds between 

Department of Commerce appropriation accounts and requiring notification to the Committee of certain actions; 

Section 204 providing that any costs incurred by the Department 

in response to funding reductions shall be absorbed within the total 

budgetary resources available to the Department and shall not be 

subject to the reprogramming limitations set forth in this Act. 

Section 205 requiring that any funding used to implement EGovernment Initiatives shall be subject to section 605 of this Act. 

TITLE III—SCIENCE 

The funds recommended by the Committee in Title III of the accompanying bill support the development of national science policy, 

as well as the operational, research, and education activities of the 

National Aeronautics and Space Administration and the National 

Science Foundation. 

The recommendation in this Title totals $22,119,984,000, which 

is $444,432,000 above the amount provided in fiscal year 2005 including supplemental amounts, and $53,020,000 above the budget 

request. 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

The recommendation includes $5,564,000 for the Office of Science 

and Technology Policy, which is $764,000 below the current year 

funding level and the same as the request. The Office of Science 

and Technology Policy (OSTP) was created under the National 

Science and Technology Policy, Organization, and Priorities Act of 

1976. OSTP advises the President on science and technology policies and coordinates research and development programs for the 

Federal Government. 

The Committee is deeply concerned about the state of the Nation’s dedication to maintaining our position as the world leader in 

science, technology and innovation. Further, the Committee is convinced that bold and dramatic commitments are necessary to ensure the United States’ economic leadership in the 21st Century 

and a rising standard of living for all Americans. In this regard, 

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the Committee encourages OSTP to ensure that Executive branch 

policy makers and budget officials understand the impact of stagnation in science and technology on all areas of national life. The 

Committee expects that future budget requests for science and 

technology programs will reflect the importance of these investments to the competitive and economic future of the nation. 

The Committee is also concerned about the state of science education in the United States. The Committee expects OSTP to work 

to improve coordination and communication among science agencies to ensure that education programs are effective and complementary, and not duplicative. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

The National Aeronautics and Space Administration (NASA) was 

established by the National Aeronautics and Space Act of 1958 to 

conduct space and aeronautical research, development, and flight 

activities for peaceful purposes designed to maintain United States 

preeminence in aeronautics and space. NASA’s unique mission of 

exploration, discovery, and innovation is intended to preserve the 

United States’ role as both a leader in world aviation and as the 

pre-eminent space-faring nation. It is NASA’s mission to: advance 

human exploration, use and development of space; advance and 

communicate scientific knowledge and understanding of the Earth, 

the Solar System and the Universe; and research, develop, verify 

and transfer advanced aeronautics and space technologies. The Committee recommends $16,471,050,000 for the National 

Aeronautics and Space Administration, an increase of $14,650,000 

above the budget request and $274,650,000 above the fiscal year 

2005 inclusive of $126,000,000 in emergency funding provided in 

Public Law 108–324. 

The Committee is supportive of NASA’s new vision and mission 

for space exploration and the recommendation includes funds for 

the Administration’s priorities for these activities. The Committee 

is very concerned about the need to maintain the nation’s leadership in science and technology. To this end, the Committee has not 

agreed to the Administration’s proposed reductions to the aeronautics research program or science programs, and has fully restored aeronautics to the fiscal year 2005 level and partially restored the proposed reduction to science programs. However, given 

the serious nature of the budget deficit facing the nation the Committee was forced to make a number of difficult choices in allocating the scarce resources available to NASA and has proposed 

what it believes is a more balanced budget that both supports the 

new vision but does not abandon NASA’s other core functions. 

The Committee supports the premise outlined by the NASA Administrator in NASA’s fiscal year 2005 Operating Plan that the 

agency must set clear priorities to remain within the budget while 

ensuring adequate funding for the clear directions identified by the 

President and Congress. The Committee supports the Administrator’s plan to accelerate development of the Crew Exploration Vehicle (CEV) to minimize the gap between the retirement of the Space 

Shuttle and the first operational flight of the CEV. To help achieve 

this goal, the Committee supports the proposed ‘‘non traditional’’ 

competitive acquisition of a United States ‘‘earth to orbit’’ crew 

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proach offers affordable and credible risk mitigation for accelerating post-shuttle United States human spaceflight. 

The Committee also supports NASA’s objective to restructure 

Project Prometheus to focus nuclear technology efforts on nearterm requirements for human and robotic missions. Finally, the 

Committee supports NASA’s objective to rebalance the content of 

its overall science portfolio to ensure appropriate resources among 

planetary science, Earth science, solar physics and astronomy. The 

Committee understands that NASA is currently reviewing the implications of these objectives and directs NASA to report to the 

Committee on the outcome of these reviews as soon as possible 

after their completion. 

The Committee has agreed to adopt NASA’s new proposed budget 

structure. The Committee understands that NASA wishes to adopt 

a budget structure that is consistent with its new vision and mission for robotic and manned space exploration. However, the Committee notes that in the past few years NASA has proposed 

changes to its account and budget structure every year. Therefore, 

the Committee expects no further changes to the budget structure. 

In addition, the Committee remains concerned about the process of 

setting NASA priorities in the operating plan rather than through 

the normal budget and appropriations process. Hereafter, the Committee expects the operating plan to only address minor adjustments or changes resulting from unforeseen contingencies. 

The Committee is extremely disappointed in the lack of detail of 

funding provided in the fiscal year 2006 congressional budget justification. NASA is reminded that the primary purpose of budget 

justifications is to provide needed information to the Committees 

on Appropriations, and therefore must be submitted in a format 

with the necessary level of detail required by the Committee so 

that funding requests may be adequately analyzed. In order for the 

budget justifications to be of value to the Committee, NASA shall 

present the fiscal year 2007 budget justification with detailed information on the prior year, current year, and requested funding levels for each program, project or activity funded within each division 

and directorate in each account, and provide detailed information 

on all proposed changes being requested. NASA shall submit to the 

Committee not later than October 15, 2005, a template for its fiscal 

year 2007 budget justification document that complies with this direction. 

The Committee also requests that NASA discontinue the practice 

of including the Integrated Financial Management Program (IFMP) 

within the General and Administrative portion of the budget. The 

Committee directs that NASA budget and manage the IFMP as a 

program in its own right, and to provide a breakout of the five-year 

budget for the IFMP and each of its elements as part of the annual 

budget submission to the Congress. 

The Committee directs NASA to amend its operating plan procedures to make them consistent with the direction provided in Section 605 of the general provisions, which provides reprogramming 

guidelines for all of the Departments and agencies in this bill. 

The Committee acknowledges NASA’s need to restructure its 

human and physical capital assets. The Committee understands 

that NASA is currently developing separate detailed plans for both 

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shape its workforce and capital asset portfolio to help ensure that 

it can implement its new vision and mission. 

The Committee strongly believes that NASA needs to develop a 

comprehensive coordinated restructuring plan that addresses both 

its workforce and capital assets. After completion of this comprehensive restructuring plan, NASA needs to develop a roadmap 

for implementing the plan in a way that limits, to the maximum 

extent practicable, the disruptions to both the agency and the contractor community. 

NASA has, in the past few months, used its buyout authority to 

promote voluntary separations as a first attempt at reshaping its 

workforce. The Committee believes that at this early stage, NASA 

has been able to reshape its workforce without losing critical workforce skills. The Committee directs that NASA should not go beyond this initial voluntary buyout stage until it has developed the 

comprehensive coordinated restructuring plan and implementation 

roadmap, and has provided a report to the Congress detailing the 

steps that will be taken in reshaping the agency’s human and 

physical capital assets. 

With respect to the agency’s workforce, the Committee notes the 

impressive core competencies that exist at NASA’s field centers, 

and directs the agency to fully utilize the competencies that reside 

at the field centers. NASA’s field centers are an asset, and not a 

liability, for our nation. The Committee believes that NASA currently has, and must maintain, world-class scientists and engineers 

at its field centers. These scientists and engineers must continue 

to work at the cutting-edge of their disciplines so that they can remain world-class. 

The field centers provide the technical expertise to support the 

formulation of NASA policy, the management of the agency, and 

the oversight of NASA contracts and grants. The expertise at the 

field centers plays a critical role in the definition, design, development, and operations of NASA’s space and aeronautics assets. The 

Committee believes that the day-to-day project management activities of the agency should occur at its field centers, with NASA 

headquarters providing an appropriate oversight function. The 

Committee also notes the value of an appropriate amount of inhouse technical work at the field centers, for the purpose of training young scientists and engineers, and for helping to ensure that 

the experienced NASA personnel at the field centers remain smart 

buyers for the taxpayers. 

NASA’s mission to research, investigate, and explore the limits 

of aeronautics and the outer reaches of space, is unique among 

Federal agencies. While NASA is a civilian agency, its pursuits and 

capabilities have a direct impact on the strategic and economic 

health of the nation. Too often, those who benefit most from NASA, 

the American people, are not aware of those successes, benefits and 

opportunities. The Committee directs NASA to engage in a national 

awareness campaign. The purpose of such a campaign is to provide 

NASA with a venue in various media (print, radio, television, Internet, etc.) to articulate missions, recent accomplishments and recruitment efforts to young Americans. This will also provide a 

mechanism by which to excite and encourage our young people to 

enter the fields of science, math, and engineering and in doing so 

help maintain America’s leadership in these fields. 

105 

NASA possesses a unique capability among Federal government 

agencies in that it has its own television station. This station is 

carried nationally on cable television stations. The Committee believes this asset is significantly underutilized and could be used as 

a centerpiece in helping to excite the next generation of explorers 

in science. NASA has made numerous important discoveries in recent years as a result of the Hubble Space Telescope, the Mars 

Rovers, and the Chandra Space telescope to mention a few. NASA 

must take advantage of its television resources to inform and excite 

the public about these discoveries. NASA television has for the 

most part in recent years been used almost exclusively as an internal communications medium. NASA must make more effective use 

of this capability if NASA is to be permitted to retain it. NASA is 

directed to develop an integrated communications plan for NASA 

television. This plan should have a major focus on educating and 

exciting the next generation of explorers. This plan is to be submitted to the Committee in conjunction with the submission of 

NASA’s fiscal year 2007 budget request. 

SCIENCE, AERONAUTICS AND EXPLORATION

(INCLUDING TRANSFER OF FUNDS)

NASA’s Science, Aeronautics and Exploration (SAE) account provides funding for the Science, Exploration Systems, and Aeronautics Research Mission Directorates and Education programs. 

The SAE appropriation includes both the direct and the indirect 

costs supporting the Mission Directorates and Education Program, 

and provides for all of the research; development; operations; salaries and related expenses; design, repair, rehabilitation, and modification of facilities and construction of new facilities; maintenance 

and operation of facilities; and other general and administrative activities supporting SAE programs. 

The Committee recommends $9,725,750,000 for science, aeronautics and exploration, an increase of $64,750,000 above the budget request and $265,050,000 above the fiscal year 2005 enacted 

level including emergency supplemental appropriations. 

Increases above the budget request include $40,000,000 for 

science programs of which $30,000,000 is for the Glory mission and 

$10,000,000 is for the Space Interferometry Mission; $53,900,000 

for aeronautics research programs; $2,000,000 for education programs; and $50,000,000 for other initiatives terminated in the request. Reductions to the budget request include $25,000,000 from 

exploration systems research and technology; $25,000,000 from 

human systems research and technology; and $31,050,000 from corporate administrative costs of which $10,000,000 is from the Office 

of Advanced Planning and Integration, which is being eliminated. 

The Committee is very concerned about the reductions to NASA’s 

science programs especially the drastic reductions to earth science 

programs designed to provide a better understanding of our planet. 

To paraphrase the National Academy of Sciences concerning these 

science programs, decades of research has improved health, enhanced national security, and helped generate economic growth by 

providing critical environmental information. While the National 

Academy is currently undertaking a decadal review of NASA’s 

earth science programs, at the behest of the Congress the National 

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Academy has provided an interim report detailing what it believes 

are short-term urgent science requirements. 

The National Academy of Sciences notes ‘‘[t]he aggressive pursuit 

of understanding Earth as a system—and the effective application 

of that knowledge for society’s benefit—will increasingly distinguish those nations that achieve sustained prosperity and security 

from those that do not. At NASA, the vitality of Earth science and 

application programs has been placed at substantial risk by rapidly 

shrinking budgets that no longer supports already-approved missions and programs of high scientific and societal relevance’’. To 

begin to address this shortcoming the Committee is providing 

$40,000,000 above the budget request. Within the funds provided 

for science, $35,000,000 is included for the Glory mission, an increase of $30,000,000 above the budget request. Without this additional funding, the amount designated in the fiscal year 2006 budget request would clearly have resulted in the unraveling of Glory 

as an integrated mission and resulted in a certain delay in the 

launch of key instruments several years beyond the planned launch 

date. NASA’s Glory program is a key Global Climate Change Research Initiative (CCRI) mission and critical to the achievement of 

CCRI’s science goals. The Committee understands that 2006 funding for the Glory mission will sustain the development of the critical Aerosol Polarimetry Sensor and the Total Irradiance Monitor 

Instrument and begin reintegration of the spacecraft bus. Development will also begin on the science data ground processing system. 

Critical Design Reviews for all aspects of the program—the instruments, the bus, and the ground system—will also be held in 2006. 

The Committee applauds the decision by the Administrator to reassess a fourth servicing mission to the Hubble Space Telescope 

(HST). The Hubble Space Telescope has made numerous and extraordinary contributions to the field of science and has inspired a 

new generation’s interest in space and space science. This mission 

is not only essential to maintaining the capability of the most scientifically successful space astronomy mission to date, it also provides for the least expensive approach to service Hubble and at the 

same time provides for the deorbit capability that will assure 

HST’s safe reentry. Repairs and upgrades made during the fourth 

servicing mission would continue the telescope’s dramatic discoveries that will serve as a legacy for NASA and our Nation. 

The Committee continues to support the Space Interferometry 

Mission (SIM) and is providing an additional $10,000,000 over the 

budget request for this mission. NASA’s search for planets and life 

beyond our solar system is having increasing and dramatic success 

with over 150 planets now discovered. SIM is expected to examine 

2000–3000 stars for planetary systems to fulfill a critical step in 

the search for Earth-like planets. The Committee is providing these 

additional funds to help ensure that SIM’s important mission is 

maintained. 

The National Academy of Sciences Solar System Exploration 

Decadal Survey of planetary scientists concluded that the highest 

priority of the scientific community is an orbiter/lander mission to 

Jupiter’s moon Europa. The Administration supported just such a 

mission, and had proposed that the first or second mission of the 

Prometheus Nuclear Systems and Technology Program would be 

the Jupiter Icy Moons Mission (JIMO). NASA no longer plans a 

107 

JIMO mission for Project Prometheus because of funding and technical considerations, and because the NASA Administrator has determined that funding is needed for near-term nuclear power requirements to implement the President’s vision for space exploration. Recognizing that these deep space missions usually take a 

decade to complete from design to orbit, the Committee supports 

NASA moving forward with a conventionally powered mission to 

Jupiter. The Committee urges NASA to consider incorporating a 

non-nuclear Europa mission as part of its fiscal year 2007 budget 

request. 

NASA is directed to submit a report to the Committee, within 

120 days of enactment of this Act, that outlines efforts taken to 

date by NASA to detect and characterize the hazards of Earth 

orbit-crossing asteroids and comets, as well as an assessment of 

what actions would be necessary to put in place capabilities to expand detection and tracking of such Earth orbit-crossing objects as 

well as actions to address the potential threat from asteroid and 

comet impacts. 

The Committee supports the valuable technology and education 

collaboration of the American Museum of Natural History and 

NASA to promote the public understanding of NASA’s missions, 

support the development of the science and technology workforce 

needed for the 21st century, and to support NASA’s strategic directions. The Committee urges NASA to continue this celebrative 

partnership in fiscal year 2006. 

The Committee is extremely concerned about the direction NASA 

has taken in downsizing and restructuring its Aeronautics Research program. While the United States is reducing its Federal investment in aeronautics research our competitors are increasing 

their aeronautics research and development budgets and making 

competitiveness their number one priority. While the Committee 

strongly supports the President’s new vision for robotic and 

manned exploration of the Moon, Mars, and beyond, it is imperative that we not forget the importance of aeronautics research to 

our domestic economy. 

The Committee notes that NASA seems to have moved forward 

in transforming its aeronautics research program without regard to 

the recently released National Institute of Aerospace report developed by both industry and the science community and commissioned by the Congress to provide a detailed five-year research 

agenda for NASA’s Aeronautics Research program, and the National Academy of Sciences review which will be available within 

the next 12 to 18 months. Based on these facts, the Committee believes that NASA’s new aeronautics research agenda is premature. 

To begin to address this issue the Committee has done the following: 

Language is included in the general provisions directing the Administration to develop a National Aeronautics Policy to be delivered to the Congress with the submission of the President’s 2007 

budget request. The Committee believes that the lack of support for 

the Aeronautics Research program is related to the fact that there 

is no clear policy direction concerning the Federal government’s 

role in the civil aviation industry. 

The Committee has not agreed to the $53,900,000 funding reduction proposed by the Administration, but has instead funded the 

108 

Aeronautics Research program at the fiscal year 2005 enacted 

level. The Committee directs that within 60 days of enactment of 

this Act NASA shall provide to the House and Senate Committees 

on Appropriations and the legislative committees of jurisdiction in 

the House and Senate a plan for how it intends to allocate aeronautics research funds for fiscal year 2006. Included in this plan 

should be a definition of work that enhances United States competitiveness; work that leads to additional breakthroughs including 

rotorcraft and hypersonics, and work that continues to support 

NASA’s exploration goals, such as the Planetary Aircraft Risk Reduction (PARR) project. 

The Committee notes that the requested budget does not properly address the requirements for a heavy-lift launch capability 

that may be necessary to carry out space exploration beyond lowearth orbit. The Committee has been aware that NASA is assessing 

its launch requirements, and urges NASA to make a decision as expeditiously as is possible. NASA should report to the Committee, 

no later than 120 days after enactment of this Act, regarding 

NASA’s heavy-lift launch requirements for exploration, and how it 

plans to meet those requirements. 

The Committee also directs NASA to provide a report to the 

Committee, within 120 days after enactment of this Act, which lists 

the propulsion systems that will be required to implement Project 

Constellation. This report should include, but not be limited to, all 

elements of the earth-to-orbit propulsion systems, in-space propulsion systems, and propulsion systems for landing/ascent craft. 

Within the fund provided for non-programmatic construction of 

facilities $10,000,000 is directed to the Institute for Scientific Research, Inc. for the continued construction of research facilities. 

The Committee recommendation includes $50,000,000 above the 

budget request for the continuation of Congressional priority programs that were terminated in the NASA budget request. These 

funds will be used for science, aeronautics, education and other 

NASA-related programs, and will be allocated to individual projects 

in the statement of managers accompanying the conference report 

for this Act. 

EXPLORATION CAPABILITIES

(INCLUDING TRANSFER OF FUNDS)

NASA’s Exploration Capabilities (EC) account provides funding 

for the Space Operations Mission Directorate. The Space Operations Mission Directorate includes the International Space Station 

(ISS), the Space Shuttle Program, and Space and Flight Support. 

The EC appropriation includes both the direct and the indirect 

costs supporting the Space Operations Mission Directorate, and 

provides for all of the research; development; operations; salaries 

and related expenses; design, repair, rehabilitation, and modification of facilities and construction of new facilities; maintenance, 

and operation of facilities; and other general and administrative activities supporting the EC programs. 

The Committee recommends $6,712,900,000 for exploration capabilities, a decrease of $50,100,000 below the budget request and 

$8,500,000 above the fiscal year 2005 enacted level. 

109 

Decreases below the budget request include $10,000,000 for the 

International Space Station (ISS). The Committee believes that 

this small reduction is appropriate given the uncertainties surrounding the nature and scope of the science to be conducted on the 

ISS. In addition, the Cargo and Crew Services program is reduced 

by $10,000,000. The Committee is very supportive of this program, 

but delays associated with program implementation will result in 

a significant percentage of the funds provided in fiscal year 2005 

being carried forward into this fiscal year. Reductions to this portion of the budget also include $10,000,000 from Rocket Propulsion Testing, $10,000,000 from Space Communications, and $10,000,000 from Launch Services. The reduction to 

Launch Services should not be taken from the Small Payload 

Launch program. NASA notified the Committee last year that $26,000,000 had 

been budgeted in fiscal year 2005 for a replacement building for 

Building 4601 at the Marshall Space Flight Center. According to 

the agency, this building is an engineering office facility whose condition requires replacement rather than repair, based on a cost 

analysis performed by NASA. NASA noted that this project had 

scored high on its internal, competitive prioritization process for 

NASA’s repair-by-replacement program. NASA notified the Committee of its intent to defer the construction of Building 4601. In 

response to a Committee inquiry for the record, NASA stated that 

the deferment of the construction of this replacement facility would 

only be for a few months as the project could be executed early in 

2006 rather than late in 2005 as previously planned. However, the 

Committee was disappointed to find that this repair-by-replacement project was not included in NASA’s fiscal year 2006 budget 

request, as the Committee was led to expect. Therefore, NASA is 

directed to reassess its decision to cancel this project, and to report 

to the Committee within 60 days after enactment of this Act, detailing how it intends to meet its commitment with respect to this 

project. At a minimum the Committee expects to see this construction project included in NASA’s 2007 budget request. 

OFFICE OF INSPECTOR GENERAL

The Inspector General Act of 1978 established the Office of Inspector General. The Office is responsible for providing agencywide 

audit and investigative functions to identify and correct management and administrative deficiencies that create conditions for existing or potential instances of fraud, waste, and mismanagement. The Committee recommends $32,400,000 for the Office of Inspec- tor General, the same as the budget request and $1,100,000 above 

the fiscal year 2005 enacted level. 

ADMINISTRATIVE PROVISIONS

The bill includes five administrative provisions. The first provision allows for the funds to remain available until expended when 

an activity has been initiated for the construction of facilities. The 

second provision makes all amounts appropriated for construction 

of facilities available until September 30, 2008. The third provision 

provides transfer authority between its two appropriations accounts subject to the operating plan procedures. The fourth provision allows funds for authorized prizes to remain available without 

110 

fiscal year limitation. The final provision incorporates by reference 

the programs, projects, and activities included in the report accompanying this bill. 

NATIONAL SCIENCE FOUNDATION

The Committee recommendation includes a total of 

$5,643,370,000 for the National Science Foundation (NSF), which 

is $170,546,000 above the current year funding level and 

$38,370,000 above the request. 

Established in 1950, the National Science Foundation’s primary 

purpose was to develop a national policy on science, and support 

and promote basic research and education in the sciences filling the 

void left after World War II. The Committee is committed to keeping the Foundation’s current activities true to the founding purpose 

of supporting basic scientific research. 

The Committee directs NSF to amend its operating plan procedures, as necessary, to ensure that they are consistent with the direction contained in section 605 of this Act, which provides reprogramming guidelines and requirements for all departments and 

agencies funded in the bill. It is the intent of the Committee that 

the reprogramming requirements described in section 605 also 

shall apply to all balances of funds carried over into fiscal year 

2006 by the NSF. Detailed recommendations for NSF’s individual 

appropriations accounts are contained in the following paragraphs. 

RESEARCH AND RELATED ACTIVITIES

The Committee recommends a total of $4,377,520,000 for Research and Related Activities. The recommendation is $156,964,000 

above the fiscal year 2005 level and $44,030,000 above the request. 

The recommendation does not include specific funding allocations 

for each directorate or for individual programs and activities. The 

Foundation is directed to submit a proposed spending plan to the 

Committee for its consideration within 30 days of enactment of this 

Act that addresses the Foundation’s highest priority research requirements. This spending plan shall be subject to the reprogramming procedures in section 605 of this Act. 

Language is included that provides up to $425,000,000 for Polar 

research and operations support, as requested. The recommended 

funding level in this account acknowledges the decision of the Administration to shift funding for polar icebreaking from the budget 

of the Coast Guard to that of the NSF. Language is included allowing the NSF Director to use funds under this account to reimburse 

the Coast Guard for services provided in support of the NSF’s mission. Additional language is included requiring that any such reimbursement be treated as a reprogramming of funds under section 

605. The Committee believes that burdening the NSF with the responsibility for maintenance and long-term modernization costs of 

the Coast Guard icebreaking fleet would irresponsibly jeopardize 

the nation’s primary source of funding for critical basic scientific 

research. While using Coast Guard capabilities may be necessary 

to meet fiscal year 2006 requirements, the Committee expects NSF 

to immediately begin a concurrent pursuit of alternative, more economical, icebreaking solutions for 2006 and beyond. The Committee 

directs NSF to pursue the most cost-effective means of obtaining 

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icebreaking services in the Antarctic for the 2005–2006 season, including, but not limited to, reimbursing the Coast Guard on a mutually agreed upon basis for the operations and maintenance of the 

U.S. polar icebreaking fleet. NSF is specifically given the flexibility 

to pursue alternatives to current operations. Should NSF continue 

to utilize the Coast Guard for icebreaking capabilities in fiscal year 

2006, the Committee would expect NSF to model a reimbursement 

agreement with the Coast Guard on their successful Memorandum 

of Understanding with the Defense Department. 

The Committee is aware of studies currently underway to review 

the Nation’s icebreaking needs and to examine options for supporting the presence the United States has maintained in the Antarctic for the past four decades. The Committee directs NSF to immediately inform the Committee when the results and recommendations from these studies become available. The Committee 

anticipates a preliminary report on options for meeting long-term 

icebreaking needs from the National Academies in September. No 

later than December 31, 2005, the Committee expects a report from 

the Office of Polar Programs advisory committee outlining options 

and potential costs for alternative means of providing logistical 

support to the McMurdo and South Pole stations in the event that 

icebreaking capabilities are not available. 

The Committee commends NSF for its Silicon Nanoelectronics 

and Beyond program which involves the sponsorship of research in 

the areas of information technology and electronics. The Committee 

encourages NSF to continue the support of such research in fiscal 

year 2006. 

The Committee is aware that NSF’s Children Research Initiative 

has assisted important interdisciplinary collaborations that are 

making important contributions to research in child development. 

The Committee expects NSF to continue its research efforts in this 

area in FY 2006. 

The recommendation includes language that allows funds provided under this account to be available for innovation inducement 

prizes. The concept of inducement awards to encourage broad involvement in solving a specifically stated scientific problem has 

been a catalyst for scientific advancement since at least the early 

18th century. In 1999, a National Academies workshop on this 

topic encouraged Federal agencies to make more extensive use of 

this mechanism to pursue particular scientific and technological objectives. The Committee expects NSF to engage the National Academies to craft a prize or categories of prizes that would be of an 

appropriate scale and to develop the rules and conditions for 

awarding prizes, and to report back to the Committee on plans to 

initiate a prize program in fiscal year 2006. The Committee strongly encourages NSF to use this mechanism, particularly in programs 

that specifically emphasize innovation, to focus on high risk/high 

payoff research projects. The Committee also expects NSF to encourage private sector involvement in the effort to create a prize 

program. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

The Committee recommends a total of $193,350,000 for the major 

research equipment and facilities construction account for fiscal 

year 2006, an increase of $19,700,000 above the fiscal year 2005 

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funding level and $56,660,000 below the request. This account provides funding for the construction of major research facilities that 

provide unique capabilities at the cutting edge of science and engineering. 

The Committee recommendation assumes that, in addition to 

new fiscal year 2006 appropriations, at least $14,880,000 will be 

available from prior year appropriations, for a total available funding level of $208,230,000. The Committee recommendation includes 

funding for the following major projects: $49,240,000 for Atacama 

Large Millimeter Array construction; $50,620,000 for EarthScope; 

$50,450,000 for the IceCube Neutrino Observatory; and 

$57,920,000 for the Scientific Ocean Drilling Vessel. The recommendation does not provide for any new project starts, as none 

were requested. 

EDUCATION AND HUMAN RESOURCES

The Committee recommendation for fiscal year 2006 includes $807,000,000 in this account, which is $34,421,000 below the current year level and $70,000,000 above the request. In light of the 

challenges facing the nation in improving math and science educational participation and achievement, the Committee is disappointed by the reductions proposed in the budget in this account. 

The recommendation provides the full request for Math and 

Science Partnerships, which will support awards made in previous 

years, as well as data collection and evaluation activities. 

The Committee’s recommendation includes the following program levels: $60,000,000 for Math and Science Partnerships; $97,000,000 

for the Experimental Program to Stimulate Competitive Research 

(EPSCoR); $175,000,000 for Elementary, Secondary and Informal 

Education; $150,000,000 for Undergraduate Education; 

$155,000,000 for Graduate Education; $120,000,000 for Human Resource Development; and $50,000,000 for Research, Evaluation and 

Communication. 

The Foundation is directed to submit a proposed spending plan 

to the Committee for its consideration within 30 days of enactment 

of this Act that addresses the Foundation’s highest priority education requirements. This spending plan shall be subject to the reprogramming procedures in section 605 of this Act. Within the 

amounts provided for the Elementary, Secondary and Informal 

Education, the Committee recognizes the value of engaging the 

general public in informal science and technology education at all 

ages. The Committee encourages the NSF to continue to ensure geographic diversity in the institutions that participate in the program. Within the amounts provided for the Undergraduate Education activity, the Committee encourages the NSF to allocate 

funding to the Robert Noyce Scholarship program and the Advanced Technological Education program. Within the amounts provided for Human Resource Development, the Committee encourages the NSF to allocate funding to the Historically Black Colleges 

and Universities Undergraduate Program. 

The Foundation’s Education and Human Resources activities are 

designed to encourage the entrance of talented students into 

science and technology careers, to improve the undergraduate 

science and engineering education environment, to assist in providing all pre-college students with a level of education in matheVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00112 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
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matics, science, and technology that reflects the needs of the nation 

and is the highest quality attained anywhere in the world, and to 

extend greater research opportunities to underrepresented segments of the scientific and engineering communities. 

SALARIES AND EXPENSES

The recommendation includes $250,000,000 for salaries and expenses, which is an increase of $26,800,000 above the current year 

level and $19,000,000 below the request. Of the amount provided, 

$10,600,000 is intended to cover built-in pay and benefits adjustments for fiscal year 2006. The Salaries and Expenses activity provides for the operation, support and management, and direction of 

all NSF programs and activities and includes necessary funds that 

develop, manage, and coordinate Foundation programs. 

The Committee has been disappointed and concerned with NSF’s 

inability to provide specific information concerning the allocation of 

additional requested personnel resources to specific NSF programs 

and activities in both the fiscal year 2005 operating plan, and in 

the fiscal year 2006 budget request. The Committee agrees that 

priority areas for the allocation of additional personnel include 

award oversight, and oversight of large facility projects. The Committee encourages NSF to assign additional resources to these activities. The Committee expects NSF to submit detailed information on the allocation of fiscal year 2005 staff resources as soon as 

possible. For fiscal year 2006, the Committee expects NSF to submit a specific allocation of any new staffing resources within 30 

days after the enactment of this Act. 

OFFICE OF THE NATIONAL SCIENCE BOARD

The Committee recommendation includes $4,000,000 for the operations of the National Science Board, which is $32,000 above the 

current year level and the same as the request. 

The National Science Board, established in 1950, establishes 

policies and assesses the quality, relevance and performance of the 

National Science Foundation’s awards and capital investments. In 

addition, the Board provides advice to the President and the Congress on matters of science and engineering policy. 

The Committee understands that the Board has taken steps to 

establish a commission to make recommendations for NSF and 

Federal Government action to achieve measurable improvements in 

the Nation’s science education at all levels. The Committee strongly endorses this effort, and expects the Board to provide an interim 

report by September 30, 2005, on the establishment of the commission, and to report the commission’s findings and recommendations 

to the Committee at the conclusion of the commission’s work. 

OFFICE OF INSPECTOR GENERAL

The Committee recommendation includes $11,500,000 for the Office of Inspector General, which is $1,471,000 above the current 

year level and the same as the request. 

This account supports the National Science Foundation’s audit 

and investigation functions to identify and correct management 

and administrative deficiencies that could lead to fraud, waste, and 

abuse. 

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TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY 

The recommendation in this Title for the Department of State 

and the Broadcasting Board of Governors totals $9,662,718,000, 

which is $272,534,000 below the budget request and $1,117,489,000 

below the amount provided in fiscal year 2005, including supplemental amounts. Of the total amount provided, $9,531,018,000 is 

derived from general-purpose discretionary funds and $131,700,000 

is scored as mandatory spending. The recommended funding levels 

include significant program increases to improve security, to meet 

emerging diplomatic requirements, and expanded public diplomacy 

efforts. The recommendation includes $1,599,723,000, an increase 

of $49,685,000 above the current year level, excluding supplemental appropriations, to continue worldwide security activities, including the design and construction of replacement facilities for the 

most vulnerable overseas posts. 

DEPARTMENT OF STATE 

The Committee’s fiscal year 2006 recommendation for the Department of State strongly supports ongoing efforts to strengthen 

diplomatic, embassy and border security, and to institutionalize 

management reforms. The Committee recommends a total of 

$9,031,825,000 for fiscal year 2006 for the Department of State. 

This amount is $251,484,000 below the budget request and 

$1,149,529,000 above the amount appropriated for fiscal year 2005, 

including supplemental appropriations. Of the total amount provided, $8,900,125,000 is derived from general-purpose discretionary 

funds and $131,700,000 is scored as mandatory spending. 

The Committee recommendation includes a total of 

$6,567,738,000 for the discretionary appropriations accounts under 

Administration of Foreign Affairs; $2,201,712,000 for the accounts 

under International Organizations; $63,800,000 for International 

Commissions; and $66,875,000 for Other activities. The Committee’s recommended priorities for the Department of State are detailed in the following paragraphs. 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

The Committee recommends $4,436,641,000 for the Diplomatic 

and Consular Programs account, including $689,523,000 to continue funding for worldwide security upgrades, and $340,000,000 

for public diplomacy international information programs. 

This appropriation provides for the formulation and execution of 

United States foreign policy, including the conduct of diplomatic 

and consular relations with foreign countries, diplomatic relations 

with international organizations, and related activities. The account includes funding for the regional, program, and operations 

bureaus and offices of the Department of State and the Foreign 

Service. 

The recommendation represents a decrease of $36,000,000 below 

the request, and a decrease of $469,579,000 below the current year, 

including supplemental amounts. Within this total, the recommendation of $689,523,000 for worldwide security upgrades is 

$39,619,000 above the fiscal year 2005 level and the same amount 

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as requested. Exclusive of worldwide security upgrade programs, 

the recommendation includes $198,761,000 for pay and inflationary 

adjustments to base, offsets of one-time only programs totaling 

$6,027,000, and increases of $24,493,000. Security funding increases are described under the ‘‘Worldwide Security Upgrades’’ 

section below: 

Staffing Increases.—The Committee recommendation includes a 

program increase of $20,918,000 and 100 positions for non-security 

staffing to respond to high-priority diplomatic requirements, including 33 positions and $7,700,000 for the Office of the Coordinator for 

Reconstruction and Stabilization; 47 positions and $9,291,000 for 

critical staffing needs, including non-proliferation of weapons of 

mass destruction, and combating terrorist financing; and 20 positions and $3,927,000 for critical needs language training, including 

Arabic, Chinese (Cantonese and Mandarin), Dari, Pashto, Korean, 

and Farsi. In addition to these amounts, $3,575,000 is provided to 

fully support the Department’s regionalization efforts, including the 

office move from Vienna to Frankfurt, and for costs associated with 

the Florida regional center. 

Since 2001, the Committee has provided increases under the diplomatic and consular account totaling 2,476 new positions above attrition for the State Department. With the increased positions for 

fiscal year 2006, the Committee will have provided an increase 

above 2001 positions levels of 1,132 for operational readiness, an 

increase of 7.5 percent above 2001; 510 new positions for border security/consular affairs, an increase of 24.7 percent; and 734 new positions for worldwide security upgrades, an increase of 140 percent. 

The Committee understands that a total of 358 of these new positions will have been allocated to newly opened or expanded posts 

in Kabul, Tripoli, Baghdad, and Khartoum. Yet, by the end of fiscal 

year 2006, the Committee expects that a total of 874 new positions 

will have been provided for operational readiness initiatives around 

the world, not including the above-named posts. Therefore, the 

Committee recommendation includes 100 new diplomatic and consular positions, instead of the requested increase of 221 positions. 

Worldwide Security Upgrades.—The Committee recommendation 

includes $689,523,000, the full amount requested under Diplomatic 

and Consular Programs, for the costs of worldwide security upgrades, an increase of $39,619,000 above the current year level. 

The recommendation includes $639,415,000 for ongoing security activities, including guard services, physical security equipment, armored vehicles, chemical/biological program, personnel, training, 

and wireless communications; $43,400,000 to continue the perimeter/compound security initiative; and $6,708,000 in security staffing program increases. 

Security program increases include 55 positions and $6,708,000, 

including 3 new positions and $1,196,000 for the high threat protection program; 14 agents and $1,484,000 for protective intelligence investigations to be detailed to the Joint Terrorism Task 

Forces in the United States; 25 field office agents and $2,650,000 

to augment the Department’s high threat protection requirement, 

especially in support of the United Nations General Assembly in 

New York; 13 positions and $1,378,000 to support additional deployments by the Mobile Security Deployment teams. From the 

new positions provided, the Committee directs that one full-time 

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agent be dedicated solely to the FBI’s National Gang Intelligence 

Center within 30 days of the enactment of this Act. 

Public Diplomacy Programs.—In 1999, the United States Information Agency (USIA) programs were merged within the Department of State. At that time the position of Under Secretary of State 

for Public Diplomacy and Public Affairs was established. Since 

then, the Committee has prioritized public diplomacy programs and 

has included language, designating amounts specifically for public 

diplomacy efforts. For fiscal year 2006, the recommendation provides $340,000,000 for Public Diplomacy programs under this account, an increase of $12,137,000 above the request. Within the 

amounts provided, $259,770,000 is for the regional bureaus, 

$63,197,000 is for the Bureau of International Information Programs, and $17,033,000 is for the functional bureaus/other support 

costs and payments. 

The need to strengthen our public diplomacy continues to gain 

urgency as we see alarming public opinion polls and foreign media 

content relating to the war on terrorism and the war in Iraq that 

reveal profound anti-American sentiments, and often a rejection of 

our policies. The need for expanded efforts is primarily, but not exclusively, in the Arab and Muslim world. 

Further, the Committee directs the Department to increase efforts to counter disinformation and deliberate misinformation, by 

monitoring hostile media and providing U.S. spokespersons and 

foreign media with factual information to respond and to counter 

malicious propaganda about the United States. 

The Committee is concerned by negative perceptions about the 

U.S. among foreign publics. More must be done to understand the 

sources of such perceptions. In the current year, the Committee has 

tasked the Department to enlist external expertise to better understand what actions the United States Government (USG), non-profit organizations, the business community, civic society and other 

actors should take to improve the perception of the U.S. among foreign publics; actions the USG and others can take to direct young, 

educated people in the Muslim world away from extremism and violence; how public diplomacy can best contribute to effecting real 

change in the Middle East; and how to improve the presentation 

of America as the major contributor to the international community 

as the world’s leading donor of food, technology, and financial aid. 

The Committee recommendation directs the Department to review 

the conclusions of this study and to provide resources for follow-on 

efforts. 

The Committee recommendation transfers the funding and program management of the American Corners program from the regional bureaus to the Bureau of International Information Programs to enable more oversight and management of the program 

in the overall context of the Department’s public diplomacy programs. In addition, the Committee recommendation supports the 

transfer of funding and the function of the microscholarship program to the educational and cultural exchanges program. 

The Committee continues to believe that separately identifying 

public diplomacy resources will facilitate the Committee’s ability to 

monitor funding levels and trends for these activities. The amount 

identified for public diplomacy programs includes the costs of personnel and programs throughout the Department. The Committee 

117 

expects the Department to identify any impediments to optimal 

performance of public diplomacy programs and propose any necessary changes, including organizational changes, through the reprogramming process. The recommendation for public diplomacy 

will support the continuation of programs in the Arab and Muslim 

world, which have been expanded since fiscal year 2002. The Committee directs the Department to provide quarterly reports to the 

Committee on the steps taken to increase efforts to counter AntiAmerican sentiments around the world. The Committee remains 

disappointed in the plan submitted to the Committee as directed in 

the statement of managers accompanying the fiscal year 2005 appropriations Act, to outline the criteria for measuring performance 

of these public diplomacy efforts. The Committee is supportive of 

the establishment of an office of policy, plans, and resources within 

the Office of the Under Secretary for Public Diplomacy and Public 

Affairs, but has been dismayed by the lack of progress in establishing measurable results for Public Diplomacy programs. 

The Committee considers United States Government-sponsored 

international broadcasting to be an essential component of public 

diplomacy. The Committee expects the State Department to assist 

the Broadcasting Board of Governors in ensuring that secure 

broadcasting capabilities are available to critical regions of the 

world. Since September 11, 2001, the Committee has made significant investments to expand international broadcasting efforts, primarily in the Arab and Muslim world. Therefore, the Committee 

directs the Department to report back to the Committee on diplomatic efforts it has taken to support the expansion of the audiences 

for U.S. international broadcasting transmissions to this region of 

the world. The Committee expects this report to be submitted to 

the Committee no later than November 11, 2005. 

The Committee supports the Bureau of International Information 

Program’s (IIP) efforts to work to implement book programs in a 

variety of overseas countries, working with public affairs officers at 

the U.S. embassies. The Committee recommends the continuation 

of funding at the current year level, and urges the Department to 

ensure that book programs meet all appropriate reporting requirements. The Committee expects the IIP Bureau to evaluate these 

programs, to include operations, activities, and accomplishments. 

The Committee expects the Department to document how the book 

program supported the specific program goals, and measure the impact of the books on the target audience. 

Intelligence and Research.—The Committee recommendation includes an increase of $5,000,000 above the requested level of funding for the Bureau of Intelligence and Research to focus on preventing terrorism, resolving regional conflicts, preventing and curtailing the proliferation of weapons of mass destruction, and anticipating and responding to humanitarian crises. The Committee continues to support the Bureau’s efforts to carry out global public 

opinion polling. 

Border Security Program.—The recommendation includes 

$930,610,000 for the Department’s Border Security program, of 

which $74,213,000 is from appropriated funds, $672,097,000 is 

funded through collection of Machine Readable Visa (MRV) fees 

and $184,300,000 is to be funded through the Enhanced Border Security Program Fees and Visa Fraud Fees. The total amount is an 

118 

increase of $66,144,000 above the fiscal year 2005 program level. 

This funding level includes a program increase of 55 new positions 

for a total position base of 2,662 positions by the end of fiscal year 

2006. The Committee understands these new positions are needed 

to handle the increased domestic passport workload as well as 

changes in the visa process, including more extensive interviewing 

of applicants and the implementation of biometric collection. The 

Committee directs the Department to continue its bimonthly reporting on MRV fee revenue as specified in the conference report 

accompanying the fiscal year 2003 Supplemental Appropriations 

Act (Public Law 108–11). 

The Committee urges the Department to continue to work on an 

interagency basis to strengthen the visa process to make it an effective anti-terrorism tool, while avoiding the creation of unnecessary barriers or delays to legitimate travel to the United States. In 

addition, the Committee continues to support Bureau of Consular 

Affairs efforts to implement the diversity visa program. 

Fingerprint Technology Standards.—In a December 2004 report, 

the Inspector General of the Department of Justice concluded that 

the Departments of Justice, Homeland Security, and State have not 

agreed on a uniform fingerprint technology standard nor have they 

agreed on how to develop a fully interoperable system that provides 

law enforcement agencies with readily and easily available access 

to Homeland Security records. The report goes on to state that the 

Department of Justice cannot proceed with planning to make the 

FBI fingerprint database interoperable with systems from the Departments of Homeland Security and State until decisions are 

made regarding who will be subject to fingerprint searches, the 

standard to be used, the databases to be used, and other issues. In 

testimony before the Committee, the Departments of State and 

Justice stated that they are working within the Administration to 

resolve these issues. The Committee expects both Departments to 

resolve these issues expeditiously and report back to the Committee within 90 days of the enactment of this Act. The Committee 

is dismayed that this issue remains unsolved and believes that this 

represents an unacceptable lapse in national security. 

Interagency Task Force.—The recommendation continues base 

funding for costs associated with the operation of a U.S. Government interagency task force to monitor the United Nations headquarters renovation project. 

Minority Recruitment and Hiring.—The Department is directed 

to continue base funding for the educational partnership with 

Hostos Community College and Columbia University. This program 

supports the Department’s ongoing efforts to increase minority hiring and diversity by facilitating the preparation of non-traditional 

and minority students for careers in the Foreign Service and the 

State Department. The Committee also expects the Department to 

continue base funding for an ongoing partnership with Howard 

University in support of the Department’s efforts to enhance the diversity of the U.S. diplomatic corps by increasing the number of 

underrepresented minorities in foreign relations and international 

affairs careers. These resources are to continue and expand the 

successful collaborative partnership between the Department and 

Howard University to recruit and prepare students from various inVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00118 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
119 

stitutions with large minority populations for positions in the U.S. 

Foreign Service. 

Overseas Schools.—The Committee commends the Consolidated 

Overseas Schools Assistance Program for its continuing effectiveness in improving the quality of education for American children 

residing abroad. This program fulfills the two-fold purpose of providing a high quality, American-style education for children of 

Americans assigned overseas and demonstrating American educational philosophy and practice to children of other countries and 

local educators. The Committee also commends the continuing contribution of the Overseas Schools Advisory Council and its Program 

of Educational Assistance that helps provide educational excellence 

to American overseas schools. In addition, the Council successfully 

promotes financial and in-kind support to these schools from American businesses and foundations, as well as volunteer participation 

in activities of the schools by American firms’ employees and their 

spouses stationed overseas. 

Security of Classified Material.—Consistent with the report submitted to the Committee in 2002 and language included since fiscal 

year 2004, the recommendation includes necessary sums to continue efforts to replace locks used to secure classified information. 

Tibet.—A number of provisions in the Tibetan Policy Act fall 

under the jurisdiction of the Department of State including provisions concerning establishment of a U.S. presence in Lhasa; Tibetan language training and requirements for Foreign Service officers; promotion of advocacy on religious freedom in Tibet; necessary 

support for the Office of the Special Coordinator for Tibetan Issues; 

and the need to raise inter-departmental awareness of the provisions of this legislation. The Committee urges the relevant bureaus 

and offices within the Department to ensure the full implementation of the Tibetan Policy Act. The Committee directs the Department to report to the Committee on Appropriations, 90 days after 

enactment, on the steps it has taken to fully implement the Tibetan Policy Act. 

In view of the Department of State’s recent report to the Committee on implementation of the Tibetan Policy Act of 2002, the 

Committee recognizes the important role played by the Special Coordinator for Tibetan Issues in implementing this Act. To this end, 

the Committee recommendation includes $1,000,000 for salaries 

and expenses for an office to support the Coordinator in carrying 

out the broad responsibilities detailed in Section 621(d) of PL 107– 

228, as well as for convening coordinating meetings for appropriate 

United States Government agencies, non-governmental organizations, and representatives of the Tibetan leadership. The Committee expects that the office will consist of approximately three 

professional full-time staff and such support staff as may be needed, in addition to the Special Coordinator. 

Legislative Affairs.—The recommendation includes language, 

similar to language carried for the other Departments funded 

under this Act, establishing a budget and position ceiling for the 

Bureau of Legislative Affairs. 

Stabilization and Reconstruction.—The Committee strongly supports the Office of the Coordinator for Reconstruction and Stabilization. The Committee understands that this office will be the 

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vilian activities in pre- and post-conflict environments, and to coordinate the U.S. government reaction to complex contingencies. 

The Committee understands that this office would improve operational response time in the areas of reconstruction, stabilization, 

and humanitarian assistance. The Committee appreciates the Department’s recognition of the requirement to provide a civilian 

management component to stabilization and reconstruction efforts. 

The Committee supports the efforts to maintain a capacity that can 

mobilize U.S. experts from Federal, State, and local levels, as well 

as from the private and non-profit sectors, to respond to post-conflict and other emergencies. The recommendation continues the 

level of support provided through the fiscal year 2005 supplemental 

appropriations. The Committee expects to be notified of any expansion of the office or additional funding requirements as required by 

section 605 of this Act. 

Export Control Process.—American industry is being hampered 

in the international marketplace by the lack of a clear-cut, well understood and responsive export control policy. Therefore, the Committee directs the State Department, in consultation with the Commerce Department, to provide a plan within 90 days of enactment 

of this Act to help effectuate a more timely and accurate export licensing process. 

Trafficking in Persons.—The Committee continues to be concerned about the serious problem of international trafficking in 

persons. The Committee recommendation continues funding for the 

Office to Monitor and Combat Trafficking in Persons. The Committee supports the efforts of the Office to further strengthen the 

annual reporting process and those of the Department-led Senior 

Policy Operating Group to coordinate interagency activities to implement the Trafficking Victims Prevention Act of 2000. 

Drug Trafficking.—The cultivation of opium poppies has flourished in Afghanistan since the fall of the Taliban regime in 2001. 

The Committee finds this to be an unacceptable trend and directs 

the Department to support the Afghanistan government’s efforts to 

combat the trafficking of heroin. 

International Cooperative Administrative Support Services system 

(ICASS).—The ICASS system was intended to empower all U.S. 

government agencies located at an overseas post to more efficiently 

and economically provide administrative support services. The 

Committee understands that nearly 18,000 personnel located overseas are considered ICASS staff. Approximately ninety-five percent 

are local hires and the remaining are American direct hires. The 

Government Accountability Office has concluded a review of the 

ICASS system and has highlighted concerns. Many positions 

charged as ICASS positions in overseas posts are not categorized 

as such by the local ICASS council. In a time of severe budget constraints the Department is directed to ensure the integrity of this 

program. 

War Crimes.—Charles Taylor, the former president of Liberia, 

has been indicted by the Special Court for Sierra Leone and faces 

17 counts of war crimes, crimes against humanity, and violations 

of international humanitarian law. Charles Taylor organized and 

ordered widespread and systematic attacks on the civilian population of Sierra Leone. According to the indictment, his supporters 

commonly used abductions, hacking off of limbs, facial and bodily 

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mutilations, and gang rapes to wage a terror campaign against civilians who did not fully support the Revolutionary United Front 

in Sierra Leone. The Committee directs the Department to take all 

necessary steps to ensure that Charles Taylor is handed over to the 

custody of the Special Court and brought to justice. 

International Religious Freedom.—The recommendation continues funding for the Office of International Religious Freedom in 

the Bureau of Democracy, Human Rights and Labor. The Committee continues to support the integration of religious freedom 

into United States foreign policy. The Committee expects the Office 

to develop and implement comprehensive strategies to promote religious liberty, and to assist in the preparation of the Human Rights 

Reports and the annual Report on International Religious Freedom. The Committee also expects the Office, in consultation with 

the Commission on International Religious Freedom, to work to 

further incorporate religious freedom themes in the Department’s 

public diplomacy programs. In addition, the Committee expects the 

Department to continue to integrate the internationally recognized 

right to freedom of religion into Foreign Service Officer training at 

all levels. The Director of the National Foreign Affairs Training 

Center should work with the Ambassador at Large for International Religious Freedom and the U.S. Commission on International Religious Freedom on incorporating international religious 

freedom issues, including materials, curriculum, and innovative 

ways to integrate religious freedom issues into the training modules. 

The Committee urges to every extent possible the Secretary of 

State to continue to monitor and promote religious freedom and 

human rights in Burma, China, Eritrea, Iran, Pakistan, North 

Korea, Saudi Arabia, Sudan, Turkmenistan, Uzbekistan, and Vietnam. The Committee further expects the Secretary of State to use 

all available forums and formal actions to address violations of religious freedom in these countries. The Secretary of State should 

continue to consult with the U.S. Commission on International Religious Freedom to promote religious freedom and human rights 

abroad. 

The Committee directs that within the planned personnel complement for Baghdad, Iraq, that one Foreign Service Officer be assigned as the lead human rights official in Baghdad. This officer 

should be tasked with encouraging incorporation of human rights 

principles during Iraq’s constitutional and legal reconstruction, and 

especially to secure strong human rights provisions, including freedom of thought, conscience, religion or belief, in the permanent 

Iraqi constitution. 

Right-Sizing the U.S. Government Presence Overseas.—The Committee continues to define right-sizing as the reconfiguration of 

overseas U.S. Government staff to the number necessary to achieve 

U.S. foreign policy goals. The Committee is convinced, and agrees 

with the recommendation of the Overseas Presence Advisory Panel, 

that rationalizing staffing and operations abroad has the potential 

for significant budgetary savings. It costs two to three times as 

much to maintain an employee outside of the United States as it 

does within the United States. The notion of right-sizing as a desirable means to improve security and gain efficiencies implies that 

the current number of overseas staff in some locations is greater 

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than the minimum number necessary, and that the presence of a 

number greater than the minimum number presents an unnecessary and unacceptable financial and security burden. Given the security requirements for the U.S. mission in Iraq, the Committee 

strongly urges the Department to use the most stringent criteria 

for determining staffing levels. As part of the overall right-sizing 

function, the Committee encourages the Department to review the 

ICASS system and fully explore how ICASS can contribute to rightsizing efforts. The Committee recommendation continues funding 

for the Office on Right-Sizing the United States Government Overseas Presence. 

Presence in China.—The United States currently maintains six 

diplomatic facilities in the People’s Republic of China. Given the 

size of China’s population and its rapid economic growth, the Committee believes that our relations with China are growing in importance and workload. Many of the American companies exporting 

goods and services regard China as an important marketplace. Yet, 

many American companies find China to be a source of many unfair trading practices which are detrimental to the economic security of certain companies. The Committee expects that staffing 

plans will reflect this reality. Further, the Committee continues to 

emphasize the key human rights, religious freedom, economic and 

military issues the Department will have to monitor in the coming 

years. The Committee is concerned that the Department’s number 

of proficient Chinese language speakers is inadequate to meet the 

anticipated presence requirements in China. The Committee expects the Department to increase language training, as necessary. 

The Committee continues to urge the Department and the Administration to actively seek legislation to provide just and equitable compensation for all victims of international terrorism and 

their surviving family members. 

Intellectual Property Rights (IPR) Enforcement.—Experts report 

that the problem with pirating and counterfeiting has grown to an 

estimated $200 billion a year problem and the theft of artistic and 

scientific creation is draining our economy. The Committee notes 

the United States has not yet taken an intellectual property rights 

enforcement case against its trading partners to stem the hemorrhaging of U.S. intellectual property. The embassies in key markets, including China, Russia, and Brazil should conduct market 

surveys to determine methodologies/benchmarks for measuring levels of piracy and counterfeiting, and to conduct market research to 

determine the actual levels of piracy/counterfeiting. The Committee 

expects the Department to work closely with industry and to work 

with economist/market research firms, as practicable. 

Some of China’s IPR problems are attributable to rogue provinces 

and localities that do not adhere to IPR directives of the central 

government. The U.S. government including the State Department 

and the United States Trade Representative’s Office should develop 

expertise on the situation in key provinces, and increase dialogue 

with officials in those provinces to enable the implementation of 

IPR commitments. 

Intercountry Adoption.—The Committee is concerned that the ongoing delay in implementing the Hague Convention on Intercountry Adoption, which was ratified by the United States Senate 

in 2000, is a hindrance to U.S. negotiations with other countries to 

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lower barriers to international adoption. While the Department has 

proposed regulations to implement the treaty, they must publish 

final regulations in order for the United States to formally ratify 

the treaty. The Committee encourages the Department to transmit 

completed regulations to the Office of Management and Budget for 

final approval within 60 days of enactment of this Act. 

The Committee has included language in the bill, similar to lan- guage in prior years, which: (1) permits not to exceed $4,000,000 

to be transferred to the Emergencies in the Diplomatic and Consular Service account for emergency evacuations and terrorism rewards; (2) provides $1,426,000 in fees collected from other Executive Branch agencies and $490,000 from reserves for lease or use 

of facilities at the International Center Complex, as authorized by 

law; (3) provides not to exceed $15,000 from reimbursements, surcharges, and fees for use of Blair House facilities in accordance 

with the State Department Basic Authorities Act of 1956; (4) requires notification of Congress before processing licenses for the export of satellites to China; and (5) makes not to exceed $6,000,000 

in fee collections available until expended for various activities. 

CAPITAL INVESTMENT FUND

The Committee recommends $128,263,000 for the Capital Invest- ment Fund, which is $1,000 below the comparative current year 

level, and $4,737,000 below the request. In fiscal year 2005, funding for the Departments information technology efforts were included under this account as well as the ‘‘centralized information 

technology modernization program’’ account. In addition, the budget request estimates that $116,000,000 in 

expedited passport fees will be used to support the information 

technology modernization effort, for a total fiscal year 2006 spending availability of $244,263,000. 

The entire amount available under this heading, including fees, 

will support investments in new information technologies and infrastructure to improve the efficiency of Department operations. 

The Committee recommendation provides the full requested amount of $39,672,000 for the State Messaging and Archive Retrieval Toolset initiative, an increase of $7,606,000 above the current year level. This project will integrate all Department systems 

through which people exchange information, including the outmoded telegram system. This single web-based system will also advance the goals of the Foreign Affairs Systems Integration project, 

which received funding in previous years, namely enhancing the 

ability of employees to communicate across agency and geographic 

boundaries. In addition, the recommendation includes $7,740,000 

for public key infrastructure requirements, to complete the effort to 

establish secure interagency communications. 

OFFICE OF INSPECTOR GENERAL

The Committee recommends $29,983,000 for the Office of Inspector General (OIG), which is $46,000 below the fiscal year 2005 level 

and the same as the request. The Inspector General conducts oversight of the State Department and the Broadcasting Board of Governors. The Committee continues to highlight the requirement for 

OIG oversight of the Department’s efforts to implement worldwide 

security upgrades. 

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The Committee recommendation includes language, as in previous years, waiving the statutory requirement that every post be 

inspected every five years, in order to provide greater flexibility to 

the Inspector General to use resources in the most critical areas. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

The bill includes a total of $410,400,000 for the Educational and 

Cultural Exchange Programs of the Department of State. This 

amount is $54,468,000 above the fiscal year 2005 level, and 

$20,000,000 below the budget request. 

Funding provided under this heading, supports international 

educational and cultural exchange programs, including the Fulbright student and scholar exchanges and the International Visitors Program, as well as related staff and administrative costs. To 

the maximum extent possible, the Committee urges that the following exchange programs be supported: the Congress-Bundestag 

youth exchange program; the disability exchange clearinghouse; 

foreign study grants for U.S. undergraduates; Future leaders exchange programs; Teaching Excellence Awards and Partnerships in 

Education; Educational advising in Eurasia; Muskie Graduate and 

Ph.D. Fellowships; Youth Exchange and Excellence Award programs; the Junior Faculty Development program; educational advising and counseling; citizen exchange programs; interparliamentary exchanges; youth science leadership exchanges; American 

overseas research centers; Mitchell Scholarships; and exchanges 

with Tibet, the South Pacific, and Timor Leste. Regarding the Congress-Bundestag Program, the Committee intends that the amount 

provided will support 380 exchanges in fiscal year 2006, the same 

level as in fiscal year 2005. 

Further, the Committee directs the Department to review proposals from the Virginia Military Institute to initiate an exchange 

of students with the American University in Beirut, and with the 

Christopher Newport University to initiate cultural exchanges regarding the World Leaders Forum on the Future of Democracy. 

The Committee also supports the placement of a Fulbright scholar 

at the Center for American Studies and Research of the American 

University of Beirut. 

Regarding Fulbright exchanges with Tibet, the Committee expects that sufficient resources will be allocated to provide for 25 Tibetan scholars for the academic year. Regarding Citizen Exchanges, the Committee expects that increased resources will be allocated to the Traditional Public-Private Partnership grants in a 

sufficient amount to allow for the expansion of operations, programs, and alumni outreach. The Committee continues to support 

artistic and cultural exchange of persons programs as an important 

component of foreign policy. Within the levels provided, sufficient 

funds should be made available to continue such exchanges. Further, the Bureau of Educational and Cultural Affairs is expected to 

work with the Bureau of Consular Affairs to minimize unnecessary 

barriers or delays to legitimate travel to the United States for the 

purpose of such exchanges. 

The Committee recommendation continues enhanced support for 

programs to engage Arab and Muslim audiences through educational and cultural exchanges as the highest programmatic priority under this account. The Committee expects the Department 

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to allocate adequate funding to continue and expand Fulbright Exchanges (including American Studies), English Language Programs 

(including English Language Fellows), International Visitor programs, and Values/Religious Tolerance programs (including cultural exchanges) for these audiences. 

The Committee supports the transfer of the microscholarship 

program funding from under the diplomatic and consular services 

account to this account to ensure a more seamless application and 

monitoring process. The Committee understands this program has 

provided more than 3,000 English language microscholarships to 

young people in many Arab and Muslim regions of the world. The 

focus of this program is to provide English language training to 

non-elite audiences with the hope that learning English will open 

a window to the English-speaking world, helping to dispel misinformation and misunderstandings that can breed resentment of the 

United States and its citizens. 

The Committee lauds the efforts of the educational and cultural 

exchange programs (ECA). ECA received from the Office of Management and Budget Program Assessment Rating Tools (PART) 

ratings of 98 percent and 97 percent, the highest in the State Department and in the top one-percent in the Executive Branch. 

The Committee expects that a proposal for the programmatic and 

geographic distribution of available resources (including unobligated balances and recoveries) will be submitted through the normal reprogramming process within 60 days from the date of enactment of this Act. The Committee expects that the overall funding 

distribution will conform to the programmatic and geographical 

guidance above. 

The Committee supports exchange programs for foreign visitors 

and students on religious freedom, the relationship between religion and the state, and the role of religion in civil society. The Department of State is urged to expand existing religious freedom 

programs and consider new initiatives in its Educational and Cultural Exchange programs. The Department should consult with the 

U.S. Commission on International Religious Freedom on specific 

countries in regards to tailored programs for visitors and students 

from those countries. 

The Committee recommendation includes a limitation of not to 

exceed $2,000,000 on the use of fees or other payments received 

from or in connection with English teaching, educational advising 

and counseling, and exchange visitor programs as authorized by 

law. 

REPRESENTATION ALLOWANCES

The Committee recommends $8,281,000 for representation allowances authorized by section 905 of the Foreign Service Act of 1980. 

This amount is $243,000 below the amount available in fiscal year 

2005 and the same as the budget request. These funds are used to 

reimburse 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. The Department shall submit a quarterly report to the Committee containing detailed information on 

the allotment and expenditure of this appropriation. 

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PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

The Committee recommends a total of $9,390,000 for the Protection of Foreign Missions and Officials account. This is $372,000 

below the amount available in fiscal year 2005, and the same as 

the request. 

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 believes 

that local jurisdictions incurring such costs must submit a certified 

billing for such costs in accordance with program regulations. The 

Committee also believes that, in those instances where a local jurisdiction will realize a financial benefit from a visit by a foreign 

dignitary through increased tax revenues, 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. 

The Committee is aware of concerns regarding the level of reimbursement for protection expenses in light of heightened security 

measures since September 11, 2001. The Committee directs the Department to report to the Committee within 30 days of the enactment of this Act on the amount of valid outstanding reimbursement claims; the availability of appropriated funds to pay such 

claims, including balances of prior year supplemental appropriations; and how the Department intends to budget for such needs 

in future years. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

The Committee recommends a total appropriation of 

$1,513,710,000 for Embassy Security, Construction, and Maintenance. This amount is $10,066,000 above the amount available in 

fiscal year 2005 (excluding supplemental appropriations) and 

$12,290,000 below the budget request. The recommendation designates $910,200,000 as available only for priority worldwide security upgrades, acquisition, and construction, the full amount requested for such activities. The recommendation includes 

$603,510,000 for non-security related costs, which is the same as 

the amount provided in fiscal year 2005 and $12,290,000 below the 

budget request. 

This account provides funds to manage U.S. Government real 

property overseas and maintain Government-owned and long-term 

leased properties at approximately 260 posts, and to lease office 

and functional facilities and residential units, not only for the Department of State, but also for all U.S. employees overseas. 

Worldwide Security Upgrades.—The Committee recommendation 

includes $910,200,000 for security projects, the full amount requested and an increase of $10,066,000 over the fiscal year 2005 

level, to continue the capital security program of constructing new 

secure replacement facilities for the Department’s most vulnerable 

embassies and consulates and providing additional security measures and upgrades. The Committee expects that projects undertaken under this program will address the security of the highest 

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priority facilities. In previous fiscal years, the Department has proposed to reprogram funds under this activity for projects that do 

not address top priority security vulnerabilities and for projects 

that will not result, when complete, in a facility that meets existing 

security standards. The Committee expects that worldwide security 

funds will be used only for projects that meet these specifications. 

The Committee recommendation will support the construction of an 

estimated nine new embassy compounds, four United States Agency for International Development (USAID) buildings on secure embassy compounds, the design of an additional new embassy compound, and the acquisition of a number of secure sites for future 

embassy compound construction. The Committee notes that funding provided under this heading for USAID facilities is expected to 

be supplemented by USAID contributions through the Capital Security Cost Sharing Program, which is discussed in more detail 

below. 

The Committee recommendation also includes $100,000,000, the 

amount requested, to continue the compound security upgrade program. The Committee understands that this program includes the 

installation of forced entry/ballistic resistant roof hatches, vault 

doors and power-assisted vehicle barriers, and other similar measures. The Committee expects that this funding will also provide 

physical security improvements to residential compounds and other 

locations where American citizens gather. Priority should be given 

to residential and compound security. 

The Committee expects that a proposed spending plan for the entire amount of available resources for worldwide security upgrades 

will be submitted through the normal reprogramming process within 60 days of the date of enactment of this Act. The Department 

shall notify the Committee immediately if there are any facilities 

that the Department believes face serious security risks. 

The Committee continues to support the Capital Security Cost 

Sharing Program. Under this program, all agencies that have staff 

overseas under Chief of Mission authority pay a fair share of urgent, security-driven capital projects undertaken to replace embassies and consulates at the most vulnerable posts. The goals of this 

program are twofold. First, the program accelerates the replacement of unsafe, unsecured and outdated diplomatic facilities that 

are used overseas by U.S. Government agencies. This is planned as 

a 14-year, $17,500,000,000 program to replace 150 vulnerable embassy and consulate facilities with new compounds that fully comply with statutory security requirements. Second, the program will 

create incentives within all government departments and agencies 

to scrutinize and ‘‘right-size’’ their overseas presence to avoid unnecessary costs and security risks. Each agency with staff overseas 

under Chief of Mission authority has, built into their fiscal year 

2006 budget request, an annual contribution towards construction 

of new secure diplomatic facilities based on the number of positions 

overseas and the type of space occupied. These contributions do not 

take the place of State Department contributions, which are also 

growing, but create a larger, shared funding pool to accelerate replacement. 

The recommendation assumes a total program level of 

$1,013,300,000 in fiscal year 2006 for Capital Security Construction, including $810,200,000 under this account, and $203,100,000 

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from non-State agencies, based on positions worldwide. Of this 

total, the additional amount generated by the Capital Security Cost 

Sharing program is $596,716,000; which consists of $393,616,000 

from the State Department that is included in the recommendation 

under this account, and $203,000,000 from non-state agencies. The 

Committee understands that there is an anticipated five-year 

phase-in period for the program, wherein the total Governmentwide amount grows from $1,013,300,000 in fiscal year 2006 to 

$1,400,000,000, then remains at that level for the next 8 years. The 

Committee further understands that the program will include 

agency involvement in setting priorities and in other aspects of the 

development of new embassy compounds. The Committee believes 

that the establishment of strong interagency coordination and cooperation will be critical to achievement of program goals and encourages the Department and the Administration to ensure that 

the management of this program is inclusive, cooperative and 

transparent. The Committee recommendation provides $603,510,000 for oper- ations and maintenance activities, which is $12,290,000 below the 

request, and the same as the current year level. The Committee 

notes that the requested amount included $22,356,000 in program 

increases. The Committee recommendation also includes 

$8,609,000 for headquarters operations. The Committee directs the 

Department to prioritize requested funding increases and to specifically identify amounts above current services in a comprehensive 

spending plan to be submitted no later than 60 days after enactment of this Act. 

Assets Management.—The budget request designates $107,052,000 in assets management funds planned for obligation in 

fiscal year 2006. The Committee expects that these funds will be 

used for opportunity purchases to replace uneconomical leases and 

for other priority capital acquisition purposes. In addition, as in 

previous years, the Committee expects that assets management 

funds will continue to be allocated in part to security construction 

needs. Any use of these or additional assets management funds in 

fiscal year 2006 is subject to reprogramming. In addition, with respect to the requirement that a reprogramming for any major new 

start be submitted, the Committee understands that requirement 

to mean that any rehabilitation or construction projects involving 

an ambassador’s residence will be subject to the requirement. In 

addition to regular reporting provided to the Committee on acquisition and disposal of overseas property, the Department shall submit a report to the Committee by November 11, 2005, listing all 

properties disposed of, or in process for disposal, along with associated actual or anticipated proceeds of sale, at posts which have had 

funding approved for the construction of a new secure compound in, 

or after, fiscal year 1999. 

The recommendation continues language carried in the bill in 

previous years that prohibits funds from being used for acquisition 

of furniture and furnishings and generators for other departments 

and agencies. 

The Committee commends the Bureau of Overseas Buildings Operations (OBO) for continuing its internal management innovations 

to increase performance and accountability, to streamline operations, and to control costs. Recognizing that the increased comVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00128 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
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plexity of a growing program of construction, real estate, operations/maintenance, and planning activities requires greater technological and information systems integration, the Committee encourages OBO to pursue development of integrated building management systems. Such technology upgrades to integrate disparate 

legacy systems will protect the large and continuing investment of 

taxpayer resources in overseas properties and those who occupy 

them. The Committee has provided sufficient resources to support 

this effort. 

The Committee expects that new embassy projects advanced by 

the Department will have been properly planned and right-sized, 

with regional considerations, projecting anticipated needs and requirements by the date submitted to Congress. In rare circumstances where global conditions dictate a significant change in 

requirements after Congress has approved funding for a specific 

project, the Department should be proactive in informing Congress 

and requesting any additional funding without risking execution of 

projects already approved. The Committee directs the Department 

to execute the new embassy compound as planned for Khartoum, 

Sudan within the $76,100,000 appropriated in fiscal year 2005. Any 

changes to requirements, including follow-on requirements, either 

for an enlarged mission in Khartoum or for any change in staffing 

in the region, should be communicated to this Committee within 

120 days of enactment, including a re-prioritized ranking of other 

posts within the region for which project funding would be deferred 

in favor of these new requirements. 

Right-Sizing the U.S. Government Overseas Presence.—The Committee directs the Office of Overseas Buildings Operation to work 

closely with the Office on Right-Sizing the U.S. Government Overseas Presence to ensure that projected staffing levels for new embassy compounds are prepared in a disciplined and realistic manner and that these estimates become a basis for determining the 

size, configuration and budget of new embassy compound construction projects. The justification for all facilities projects funded 

under this account must include a full explanation of regional efficiency and security planning, and related staffing assumptions. 

Such projects will not be approved for funding absent evidence of 

the application of a uniform right-sizing methodology. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

The Committee recommends $10,000,000 to enable the Secretary 

of State to meet unforeseen emergencies arising in the Diplomatic 

and Consular Service. This amount is $9,013,000 above the fiscal 

year 2005 appropriation, and $3,643,000 below the budget request. 

In addition, the Committee expects significant carryover balances 

to be available for obligation in fiscal year 2006. Funding provided 

in this account is available until expended. 

The recommendation includes new language as a general provision in title IV to expand the eligible recipients of rewards from the 

rewards program. 

The Committee has included a provision in the bill that permits 

up to $1,000,000 to be transferred from this account to the Repatriation Loans Program account, as requested in the budget. This provision will ensure an adequate level of resources for loans to American citizens through the Repatriation Loans Program account 

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should that account require additional funds in fiscal year 2006 

due to an unanticipated increase in the number of loans. 

This appropriation provides resources for the Department of 

State to meet emergency requirements in the conduct of foreign affairs. The Committee recommendation provides funds for: (1) travel 

and subsistence expenses for relocation of American employees of 

the United States Government 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; 

and (3) payment of rewards for information concerning terrorist activities. 

REPATRIATION LOANS PROGRAM ACCOUNT

The Committee recommendation includes $712,000 for the subsidy cost of repatriation loans and $607,000 for administrative 

costs of the program as authorized by 22 U.S.C. 2671, which is 

$116,000 above the amount available in fiscal year 2005 and the 

same as 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. 

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

The Committee recommends $19,751,000 for the appropriation 

entitled ‘‘Payment to the American Institute in Taiwan’’. This 

amount is $529,000 above the fiscal year 2005 level and the same 

as the request. The recommendation provides for the Institute’s 

pay and inflationary base adjustments. In addition, the Institute is 

authorized to collect Machine Readable Visa fees, as well as reimbursements from agencies and user fees from trade show exhibitors. 

The Committee expects that the American Institute in Taiwan 

(AIT) will cover anticipated operating expenses in fiscal year 2006 

through a combination of appropriations and visa fee revenues. The 

Committee expects the Department to submit by November 1, 

2005, an AIT spending plan for fiscal year 2006, indicating the 

total amount of estimated fee collections, the amount of such fee 

collections allocated for operating expenses, and the total amount 

planned for operating expenses from all funding sources. 

The Taiwan Relations Act requires that programs concerning 

Taiwan be carried out by the American Institute in Taiwan and authorizes funds to be appropriated to the Secretary of State to carry 

out the provisions of the Act. 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 American Institute in Taiwan to carry out these activities. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

The Committee recommends $131,700,000 for the appropriation 

entitled ‘‘Payment to the Foreign Service Retirement and Disability 

Fund’’. This amount is the full budget request and $900,000 below 

the amount appropriated for fiscal year 2005. The amount provided 

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in the Committee recommendation is required to amortize the unfunded liability in the system, as documented by the annual evaluation of Fund balances. 

This appropriation, which is considered mandatory for budget 

scorekeeping purposes, 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. The Retirement 

Fund is maintained through contributions made by participants, 

matching government contributions, special government contributions (including this account), interest on investments, and voluntary contributions. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

The recommendation includes a total of $1,166,212,000 for payment of obligations of United States membership in international 

organizations as authorized by conventions, treaties, or specific 

Acts of Congress for fiscal year 2006. This amount is $130,288,000 

below the amount in the request, and the same amount available 

in fiscal year 2005. 

The amount provided in the bill is intended to pay assessments 

for membership in international organizations, including the 

United Nations (U.N.). Funding in the bill is consistent with the 

U.S. policy of zero nominal growth for the United Nations budget. 

In addition, the amount provides funding for assessments for 

membership in the North Atlantic Treaty Organization and the related North Atlantic Assembly, International War Crimes Tribunals for Rwanda and the former Yugoslavia, the Organization of 

American States, the International Atomic Energy Agency, and the 

Pan American Health Organization. 

Estimates of the amount required to cover fiscal year 2006 assessments have varied based on the most recent foreign currency 

exchange rates for the dollar, which has fluctuated since the budget request was formulated. The Committee expects that these exchange rate fluctuations may result in losses. The Department may 

propose to offset these by transfers from other accounts, or deferring some activities included in the request that do not require 

funding in fiscal year 2006. 

Reassessment of U.S. Membership in International Organizations.—The Committee notes, with approval, the Department’s actions to formally withdraw from certain international organizations 

where continued U.S. participation was determined to be a low priority in the context of overall U.S. national interests. The Committee continues to support the comprehensive reassessment of 

U.S. membership in each of the 45 international organizations for 

which funding is requested under this account, and to insist that 

the Department take the necessary measures to operate within the 

amount of funds provided under this account. 

The Committee expects the Department to take immediate action 

to evaluate and prioritize United States participation in, and funding for, international organizations. In a climate of limited resources the Committee continues to insist that the Department live 

132 

within appropriated amounts, prioritize as necessary among organizations according to policy goals, take steps as necessary to withdraw from lower priority organizations, and refrain from entering 

into new commitments. 

China’s U.N. Assessment Rate.—China’s real gross domestic 

product (GDP) is growing exponentially. In the first quarter of 

2005, real GDP grew by 9.5 percent. Yet, China’s U.N. assessment 

rate remains at two-percent. The Committee expects the Department to work continually to ensure equity in the assessment rates, 

and specifically, to report to the Committee within 60 days of enactment of this Act, as to whether the current assessment formula 

should be revised. 

Reform and Budget Discipline.—The Committee continues to insist on reform and budget discipline as a priority for all of the 

international organizations, including the development of processes 

to evaluate, prioritize and terminate programs. The Committee believes that the onus is on each international organization and the 

State Department representatives to those organizations, to reduce 

overall budgets and eliminate duplicative activities, excessive administrative costs, and inefficient operations. 

The Committee has been instrumental in pushing for accountability for the U.N. organizations. Reform of the United Nations 

must be a top priority for the State Department in fiscal year 2006. 

The U.S. effort must address a wide range of activities, such as 

management reform, budget priorities and the sprawling array of 

programs, personnel issues, and the deplorable state of the Human 

Rights Commission. 

U.N. Regular Budget.—The Committee strongly supports the 

United States policy of zero nominal growth budgets for international organizations. Toward this end, the Committee expects 

the Department to insist on the evaluation and prioritization of ongoing U.N. programs and activities, so that in the event of unanticipated requirements budget offsets may be taken from activities 

and programs that have already been determined to be lower-priority by the organization. The Committee notes additional requirements relating to Iraq, Afghanistan and security-related costs are 

expected. However, the Committee continues its direction to find 

appropriate offsets to accommodate such increases within a zero 

nominal growth budget. The United Nations Regular Budget biennium 2004–2005 adopted budget of $3,160,860,000, then revised to 

include an increase of $534,620,000 for a total of $3,695,480,000, 

of which the United States is assessed 22 percent. The fiscal year 

2006 appropriation request pursuant to this budget is 

$438,952,000. 

Language is included to require that any proposal that would result in the 2006–2007 U.N. biennial budget exceeding the revised 

biennial budget level of $3,695,480,000 for 2004–2005 be communicated to the Committee in advance of the formal notification, consideration, and adoption of such a proposal in the General Assembly. The Committee expects the Secretary to notify the Committee 

in advance of any United Nations action to increase funding for 

any United Nations program without identifying an offsetting decrease elsewhere in the United Nations budget. 

Overall, the Committee requires more detailed information prior 

to the United States agreeing to such increases without identifying 

133 

offsetting decreases and management reforms. Further, the State 

Department must actively pursue a streamlined budget that reflects the true priorities of the organization, without duplicative 

and ineffective programs. 

Americans Working in the United Nations.—The Committee directs the Department to increase the number of qualified Americans employed by the United Nations and international organizations. The Committee recognizes that Americans provide many 

skills that can contribute to making the U.N. more efficient, effective and more accountable. The Committee remains dismayed that 

the representation of Americans in U.N. posts subject to geographic 

distribution has remained relatively flat since 2001. The Department has begun an interagency process to improve the candidate 

pool of eligible Americans, but there has been no measurable success. Therefore, the Committee directs the Department of State to 

work with universities and government agencies to educate Americans on opportunities for careers in the United Nations system, including the holding of recruiting fairs. The Committee directs recruiting efforts begin in Chicago, Los Angeles, Washington, DC 

metropolitan area, and New York City by no later than January 

15, 2006. The Department shall report to the Committee no later 

than March 15, 2006, on the progress of such efforts. 

The Committee notes the importance of the U.N. in promoting 

health, providing humanitarian assistance, fostering conflict resolution, and providing an international forum for world issues. However, the Committee is appalled by recent developments in a number of areas. The Committee notes that the United Nation’s Oil for 

Food program in Iraq is marred by allegations of corruption—that 

it aided or abetted a tyrannical regime and undermined the international community’s good will. Further, the Committee urges the 

U.N. to do more to resolve the conflicts and humanitarian crises in 

Sudan—where war has ravaged the country for decades at the cost 

of millions of lives. Finally, the United Nations’ leadership and legitimacy are tarnished by continued failure to bring to justice those 

individuals involved in improper and illegal activities of individuals 

financed by the United Nations, such as U.N. peacekeepers and civilian personnel alleged to have been involved in sexual abuse of 

minors. 

Task Force on the United Nations.—In the current year, the 

Committee included language directing the United States Institute 

of Peace to create a Task Force on the United Nations. The task 

force is directed to assess the extent to which the United Nations 

is fulfilling the purposes stated in its Charter and recommend an 

actionable agenda for the United States on the United Nations. The 

task force will examine the ability of the United Nations in the following: preventing and ending conflicts and building stable societies; preventing and responding to genocide and gross human 

rights violations; preventing catastrophic terrorism and the proliferation of weapons of mass destruction; ensuring the effectiveness, integrity, transparency, and accountability of the U.N. system; and fostering economic development and reducing poverty. 

The Committee directed the task force to report back to the Committee by early June 2005. 

United Nations Oil-For-Food Program.—The Committee continues to expect the Department to bring all necessary resources to 

134 

bear on the investigation of fraud and bribery allegations regarding 

the United Nations Oil-For-Food Program. The Committee expects 

the Department to provide all requested documentation to Congressional Committees, and to provide any requested support to the 

Secretary General’s Independent Inquiry Committee. The Committee strongly supports this Inquiry and expects the Inquiry Committee’s review to be thorough, rigorous, and expeditious. 

North Atlantic Treaty Organization (NATO).—The Committee 

notes, with approval, the efforts of the Department and the U.S. 

delegation to establish a cap on the cost of the NATO Headquarters 

project, and the existence of an agreement between the Department 

of Defense and the Department of State as to the allocation of costs 

of the U.S. contribution to the project. To date, the Committee has 

appropriated $35,000,000 for the NATO Headquarters project. The 

Committee continues its direction to the Department to ensure the 

facility meets the necessary security requirements. The Department shall keep the Committee apprised of progress on this matter. 

International Atomic Energy Agency (IAEA).—The Committee 

notes, with approval, the IAEA’s efforts to increase safeguards efforts to provide essential assurance that nuclear materials used in 

peaceful nuclear programs are not diverted and misused for nuclear explosive purposes or by terrorists. 

Pan American Health Organization (PAHO).—The Committee 

continues to support the work done by the Pan American Health 

Organization. PAHO has taken the lead in health issues, including 

border health concerns, emerging diseases, and bio-terrorism, that 

have an impact on citizens of the United States and all citizens of 

the Americas. PAHO’s work in the field addressing concerns such 

as the SARS virus and similar viruses, including the potential reemergence of polio, highlight the importance of PAHO to the 

United States. 

United Nations Education, Science and Cultural Organization 

(UNESCO).—The Committee notes, with approval, UNESCO’s efforts to provide ‘‘education for all’’. The goal of this program is to 

eradicate global illiteracy in the next 15 years. The Committee supports the efforts of UNESCO, which mirror U.S. efforts to educate 

women, expand awareness of public health issues, and fight poverty through education. The Committee is aware that the Executive 

Committee is developing proposals for high priority program reinforcements through innovative mechanisms. 

World Intellectual Property Organization (WIPO).—The Committee is concerned by allegations of misconduct within WIPO and 

expects the State Department to ensure that a thorough and transparent investigation of the charges is undertaken. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

The Committee recommendation includes $1,035,500,000 for 

United States payments for Contributions for International Peacekeeping Activities for fiscal year 2006, which is the same as the 

amount requested in the budget and $127,955,000 below the fiscal 

year 2005 level, including supplemental amounts. 

The Committee is aware of recent disturbing reports from the 

Democratic Republic of the Congo, as well as allegations of sex 

abuse of minors by U.N. peacekeepers and civilian personnel in 

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135 

keeping missions is paramount. The atrocious misconduct of U.N. 

peacekeepers demands a clear and definitive response by the international community, especially the United States. The Committee 

strongly urges the Administration, including the State Department, 

to pursue the recommendations contained in the Prince Zeid report, 

including personal accountability, and improvements in the systems of justice in troop contributing countries as a means to restore 

confidence in peacekeeping missions. Further, the Committee directs the U.S. to work to ensure adequate training is provided to 

peacekeeping personnel prior to deployment. 

Further, the Committee is convinced that clear, realistic benchmarks must be established and enforced for the performance of 

MONUC. The Committee expects the Department to re-evaluate 

the mandate for this mission and inform the Committee about options for future action. 

The Committee remains concerned about the continuing lack of 

progress in resolving the dispute over the Western Sahara, despite 

an enormous investment of funds in the U.N. Mission for the Referendum in Western Sahara (MINURSO) peacekeeping mission. 

The Committee urges the Department to work to encourage a negotiated settlement to the dispute and bring to an end the costly U.N. 

peacekeeping presence associated with a referendum settlement 

program that has failed to materialize over the past decade and 

that the Secretary General and his Personal Envoy abandoned as 

unworkable three years ago. 

The establishment of several large, complex missions over the 

past few years has tested the capacity of the U.N. to plan and manage such operations successfully. The Brahimi report addressed 

many deficiencies in U.N. peacekeeping efforts, including problems 

in doctrine, strategy, decision-making, planning, deployment, support and information technology. The Committee continues to support efforts to improve the performance and efficiency of U.N. 

peacekeeping missions through structural and procedural reforms. 

The Committee also supports efforts to better limit and focus the 

goals of such missions, and to set specific benchmarks for performance and mission termination. 

The Committee continues to support the efforts of the U.N.’s Office of Internal Oversight Services (OIOS) to identify waste, fraud 

and abuse, including sexual abuse, in peacekeeping operations, and 

to recommend specific reforms to ensure that such practices are 

brought to an end. The Committee directs the Department to provide the necessary support to ensure that OIOS oversight is systematically brought to bear on every U.N. peacekeeping mission, 

including through the presence of resident auditors. The Committee directs the Department to request a performance report on 

the efforts of this Office to root out the causes of such waste, fraud 

and abuse. 

The bill retains language carried in previous years requiring 15– 

day advance notice of any new or expanded mission, together with 

a statement of cost, duration, exit strategy, vital national interest, 

and source of funds to pay the cost. In addition, new language requires an additional notification that the United Nations has taken 

appropriate measures to prevent United Nations’ employees, contractor personnel, and peacekeeping forces serving in any United 

Nations peacekeeping mission from trafficking in persons, exploitVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00135 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
136 

ing victims of trafficking, or committing acts of illegal sexual exploitation and to hold accountable any such individuals who engage 

in any such acts while participating in the peacekeeping mission. 

The bill also retains language requiring certification that American manufacturers and suppliers are provided equal procurement 

opportunities, and language prohibiting the use of funds under this 

account for the costs of court monitoring. The bill does include requested language to make a portion of appropriations under this 

account available for two fiscal years. 

INTERNATIONAL COMMISSIONS

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

The bill includes a total of $32,300,000 for the International 

Boundary and Water Commission, United States and Mexico 

(IBWC). This amount is $181,000 above the amount available in 

fiscal year 2005 and $3,000,000 below the total budget request for 

fiscal year 2006. The total amount provided includes $27,000,000 

for Salaries and Expenses and $5,300,000 for construction. The recommendation includes language authorizing not to exceed $6,000 

for representation expenses, as requested. 

SALARIES AND EXPENSES

The Committee recommendation for the Salaries and Expenses 

account is $27,000,000, which is $120,000 above the amount available in fiscal year 2005 and $1,700,000 below the budget request. 

The amount recommended by the Committee provides additional 

resources for requested wage and price increases. The Committee 

notes that fluctuations in the Commission’s operations and maintenance budgets can result in unanticipated cost savings. Should the 

Commission experience such savings, the Commission will have the 

ability to propose, through the section 605 reprogramming process, 

the use of surplus funds for items not included in the Committee 

recommendation. 

CONSTRUCTION

The Committee recommendation for IBWC construction provides 

$5,300,000, which is $61,000 above the amount available in fiscal 

year 2005 and $1,300,000 below the budget request. 

The recommendation provides funding for ongoing projects as follows: Boundary-wide construction—$1,630,000; Water Quantity 

Program—$2,670,000; and Water Quality Program—$1,000,000. 

The Committee expects that significant carryover funding may be 

available to supplement fiscal year 2006 appropriations. Any allocation of funding, including carryover funding, shall be subject to 

reprogramming procedures set forth in section 605 of this Act. 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

The Committee recommends a total of $9,500,000 to fund the 

U.S. share of expenses of the International Boundary Commission, 

the International Joint Commission, United States and Canada, 

and the Border Environment Cooperation Commission for fiscal 

year 2006. This amount is $34,000 above the amount available in 

137 

fiscal year 2005 and $379,000 below the budget request. Of the 

amounts provided, $1,272,000 is for the International Boundary 

Commission. The recommendation does not include funding for a 

new five-year program regarding boundary maps using digital and 

global positioning data. A total of $6,098,000 is recommended for 

the International Joint Commission. In the current year, 

$1,019,000 was appropriated for final year costs of a five-year 

study of the water regulation plan governing Lake Ontario and the 

St. Lawrence River. Further, the recommendation includes and 

$2,130,000 for the Border Environment Cooperation Commission, 

as requested to improve the health and environmental conditions 

for the U.S.-Mexico border region. 

INTERNATIONAL FISHERIES COMMISSIONS

The Committee recommends a total of $22,000,000 to fund the 

U.S. share of the expenses of international fisheries commissions or 

related organizations, as well as the travel expenses of the United 

States commissioners. This amount is $312,000 above the amount 

available in fiscal year 2005 and $3,123,000 below the budget request. 

The Committee recommendation includes $2,072,000 for the 

Inter-American Tropical Tuna Commission, $13,103,000 for the 

Great Lakes Fishery Commission, and $163,000 for the International Commission for the Conservation of Atlantic Tuna. Remaining amounts under this heading may be allocated on a priority 

basis to other international commissions, subject to the reprogramming guidelines contained in section 605 of this Act. 

The Committee expects the Department to take immediate action 

to evaluate and prioritize United States participation in, and funding for, international fisheries commissions. In a climate of limited 

resources the Committee continues to insist that the Department 

live within appropriated amounts, prioritize as necessary among 

commissions according to policy goals, take steps as necessary to 

withdraw from lower priority commissions, and refrain from entering into new commitments. 

The Committee directs the Department to submit a proposed 

spending plan for the total amount provided under this heading no 

later than 60 days after the enactment of this Act. 

OTHER

PAYMENT TO THE ASIA FOUNDATION

The Committee recommends an appropriation of $10,000,000 for 

payment to the Asia Foundation for fiscal year 2006, which is the 

same as the request, and $2,827,000 below the current year level. 

The Committee continues to support Foundation programs on 

human rights, higher education, democratic governance, ethnic 

harmony, religious tolerance and legal/judicial reform in Afghanistan, Pakistan and Indonesia. Further, the Committee supports the 

efforts of Foundation programs in Cambodia. 

The Asia Foundation is a private, nonprofit institution, established to stimulate Asian democratic development and assist the 

peoples of Asian countries to shape their own destinies. 

138 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

The Committee recommends an appropriation for fiscal year 

2006 of interest and earnings from the Eisenhower Exchange Fellowship Program Trust Fund, expected to total $500,000. The Committee recognizes the important and unique role of Eisenhower Exchange Fellowships in the U.S. Government’s worldwide public diplomacy effort. The Committee has urged the Eisenhower Exchange Fellowships, Incorporated (EEF) to fashion its exchange 

programs to reflect the priority within all public diplomacy programs of building mutual understanding with Arab and Muslim 

populations worldwide. In this regard, the Committee continues to 

expect that the selection of foreign and United States fellows will 

reflect this priority. In addition, the Committee supports a nationwide, merit-based recruitment and selection process for United 

States Fellows. The Committee expects EEF and the Department 

to submit a report to the Committee by November 30, 2005, describing its achievements in these areas. 

The Eisenhower Exchange Fellowship Act of 1990 authorized a 

permanent endowment for the Eisenhower Exchange Fellowship 

Program to increase educational opportunities for young leaders in 

preparation for and enhancement of their professional careers and 

to advance peace through international understanding. The Act established the Eisenhower Exchange Fellowship Program Trust 

Fund in the United States Treasury for these purposes. A total of 

$7,500,000 has been provided to establish a permanent endowment 

for the program, from which the appropriation of interest and earnings is provided to Eisenhower Exchange Fellowships, Incorporated. 

ISRAELI ARAB SCHOLARSHIP PROGRAM

The Committee recommends language in the accompanying bill 

that will appropriate for fiscal year 2006 interest and earnings of 

the Israeli Arab Scholarship Endowment Fund, expected to total 

$375,000. A permanent endowment of $4,978,500 for the Fund was 

established in fiscal year 1992 with funds made available to the 

United States Information Agency under section 556(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, as amended. The income from the endowment 

is to be used for a program of scholarships for Israeli Arabs to attend institutions of higher education in the United States. 

EAST-WEST CENTER

The Committee recommendation includes $6,000,000 for this account, $13,240,000 below the current year, and $7,024,000 below 

the request. 

The Committee recommendation provides for phasing out the direct sole-source grant from the Federal government. The Committee notes that the Center can solicit contributions and can compete for other Federal grants to support its research and training 

activities. The Center started receiving a direct grant from the Federal government in fiscal year 1961. 

139 

NATIONAL ENDOWMENT FOR DEMOCRACY

The Committee recommends $50,000,000 for the National Endowment for Democracy (NED) for fiscal year 2006, $9,199,000 

below the amount provided in fiscal year 2005 and $30,000,000 

below the budget request. The Committee recommendation continues funding provided in fiscal year 2005 for enhanced Endowment grant programs to build and strengthen democratic institutions in the Muslim world. The Committee notes that the Endowment has failed to provide funding for the creation of a Fern L. 

Holland Democracy Institute in Africa, and for a grant to ensure 

coordination among the groups advocating for awareness and action on behalf of the victims of human rights abuses and the persecuted, as directed in the statement of managers accompanying 

the 2005 Act. The Committee remains deeply concerned that the 

Endowment has failed to adhere to direction provided by the Committee. The Committee expects these grants to be awarded expeditiously. 

The Committee directs the Endowment to support the efforts of 

the International Center for Democratic Transition in Budapest, 

Hungary. 

The Committee reaffirms the role that NED plays in strengthening democratic institutions around the world. Any perception 

that funds are used to directly support a particular party or candidate, or to support the removal of elected leaders through unconstitutional means, undermines the credibility and effectiveness of 

NED programs. The Committee remains concerned about such allegations in Venezuela. The Committee expects NED to take all necessary measures to ensure that all sponsored activities adhere to 

the core NED principles. 

The NED is a private, non-profit corporation established to encourage and strengthen the development of democratic institutions 

and processes internationally through private-sector initiatives, 

training, and other activities, including those which promote pluralism, democratic governance, civic education, human rights, and 

respect for the rule of law. The NED provides funding for projects 

which are determined to be in the national interest of the United 

States and which are administered by private organizations and 

groups. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

The Committee recommendation includes $630,893,000 for the 

Broadcasting Board of Governors, $21,050,000 below the request 

and $32,040,000 above the fiscal year 2005 level, including supplemental appropriations. The Committee does not support the proposed language service reductions or terminations proposed in the 

request. The Committee directs a reduction of $9,067,000 to be assessed against administrative activities. The appropriation accounts under this heading provide operational funding for the 

United States non-military, international broadcasting programs— 

including the Voice of America (VOA), Radio Free Europe/Radio 

Liberty (RFE/RL), Radio Free Asia (RFA), Radio and Television 

140 

Marti, Middle East Television, including Radio Sawa—and the associated facilities, engineering and support activities. 

INTERNATIONAL BROADCASTING OPERATIONS

The Committee recommendation includes $620,000,000 to carry 

out United States International Broadcasting Operations for fiscal 

year 2006, which is an increase of $32,093,000 above the fiscal year 

2005 level, including supplemental amounts, and $21,050,000 

below the comparable request. This account funds the operating 

and engineering costs of Voice of America, Radio Free Europe/ 

Radio Liberty, Radio Free Asia, and the Broadcasting Board of 

Governors (BBG). The recommendation also includes funding for 

Broadcasting to Cuba under this account. In the request, this funding was proposed under a separate account. The Committee recommendation provides increases for all entities funded under this 

account, including funding to continue the Middle East Television 

Network initiative. The Committee places a priority on the global 

war on terror languages and broadcasting services into China. The 

recommendation includes full funding for the critical war on terrorism languages. 

As directed in previous years, all communications with the Committee on the part of the various broadcasting entities shall be coordinated through the Broadcasting Board of Governors. 

Arabic Broadcasting.—The United States continues to face an 

enormous challenge to provide the people of Arab and Muslim 

countries with accurate information about U.S. policies and values. 

The Committee continues to support efforts to expand the audience 

of listeners and viewers in the Arab and Muslim world. The Committee recommendation includes $78,578,000 for television and 

radio broadcasting in Arabic, including Middle East Television and 

Radio Sawa. This amount represents an increase of $9,758,000 

above the fiscal year 2005 program plan, and $558,000 below the 

request. The Committee provided initial start-up costs for a television program stream specifically tailored for the Iraqi audience in 

Public Law 108–106 and provides the full request for this effort. 

The Committee directs the BBG to provide quarterly status reports 

detailing the progress of this effort. Developing quality news and 

entertainment programs in the Arabic language should to the maximum extent possible involve the creative talents of the private and 

not-for-profit sectors. The Committee continues its direction to the 

Board to integrate new approaches in developing programming, to 

more effectively engage key audiences. 

Africa Broadcasting.—The Committee continues to support the 

creative efforts of VOA broadcasting to the continent of Africa. The 

Committee notes that forty-five percent of VOA’s listenership is in 

Africa and expects VOA to create radio formats to ensure information is available to young audiences. Nearly 45 million listeners 

have access to VOA’s objective, balanced and accurate news. VOA 

fills the information void with daily targeted and credible coverage 

of sub-Saharan Africa often not available from any other media. 

The Committee supports the use of radio broadcasts as a component of sustained HIV/AIDS prevention efforts undertaken by 

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tinues to incorporate thousands of broadcasts about HIV/AIDS into 

its regular programming for broadcasting to Africa. 

Language Service Review and Research.—The Committee continues to support the Board’s efforts to objectively and systematically review and evaluate the performance, results, and priority of 

every U.S. Government-sponsored international broadcasting language service and to propose corresponding reallocations of funds. 

The Committee endorses this process as a means to improve broadcast quality and meet emerging program priorities within limited 

resources. The Committee expects that the Board will establish 

comprehensive performance measures and improve coordination of 

programming streams across component organizations, including 

the grantee organizations. The Committee continues to direct the 

Board to ensure that foreign policy implications are given full consideration before adopting language service review recommendations. The Committee expects the Board to submit a comprehensive 

report on Language Service Review results and corresponding reallocations of funds, as appropriate. The Committee anticipates 

that the continuing language service review effort will result in the 

dedication of additional resources to emerging priority programs, 

through the normal reprogramming process. 

Anti-jamming efforts.—The Committee continues to support initiatives by the BBG to defeat jamming and reach a wider audience 

for Radio Free Asia and Voice of America broadcasts to China, 

Tibet, Vietnam, and North Korea. The Committee is aware that 

new technologies may allow the VOA and RFA to more effectively 

defeat jamming efforts. The Committee encourages the Board to 

evaluate the usefulness of these technologies. The Committee expects the BBG to expand such efforts in fiscal year 2006. 

The Committee remains concerned about a potential blurring of 

the distinction between the international broadcasting conducted 

by the Broadcasting Board of Governors and that conducted by the 

Defense Department. While the Committee continues to strongly 

support all necessary efforts to provide for national security, close 

collaboration with the Defense Department may foster misunderstanding among foreign audiences as to the principles and goals of 

BBG broadcasting. Within sixty days of enactment of this Act, the 

BBG shall report fully to the Committee on the nature and duration of any cooperative efforts with the Defense Department over 

the last year. In addition, the BBG shall notify Congress in writing 

of any projects or programs to be undertaken with the Defense Department within seven days of the beginning of such activities. 

Both reports should include a description of services provided and 

any financial arrangements between the entities. 

The Committee recommendation includes funding for the principal broadcasting entities as follows: 

Voice of America.—The Committee recommendation provides 

$168,259,000 for VOA, $346,000 above the request, and 

$10,853,000 above the 2005 program plan. The recommendation 

provides programmatic increases above the fiscal year 2005 program plan to expand and reformat Urdu broadcasting into Pakistan, Dari and Pashto into Afghanistan, and Persian into Iran. 

Further, the recommendation maintains funding of $8,096,000 for 

overseas correspondent bureaus. The Committee strongly supports 

increased broadcasting efforts to China, and to Iran. 

142 

Radio Free Europe/Radio Liberty.—The Committee recommendation provides $76,161,000 for RFE/RL, $1,194,000 above the request, and $1,560,000 above the fiscal year 2005 program plan. 

Within these amounts, $3,507,000 is for Radio Farda, $3,905,000 is 

for Radio Free Afghanistan, $1,858,000 is for Radio Free Iraq, and 

$938,000 is for broadcasting in Romanian to Moldova. Further, 

$9,615,000 is recommended for broadcasting services in Russian, 

and $2,260,000 is for broadcasting services in Ukrainian. A total of 

$4,069,000 is provided for the news and current affairs function. 

The Committee continues to support programming efforts in Persian, Tajik, Uzbek, Turkmen, Arabic, Kazakh, Kyrgyz, Albanian, 

and Azeri. The Committee commends RFE/RL for developing programming in Avar, Chechen, and Circassian, and for expanding 

broadcasting to the Northern Caucasus. The Committee recognizes 

the continuing importance of broadcasting objective, uncensored information to the isolated minorities of the Northern Caucasus in 

their native languages and has provided the full request for these 

efforts. 

Broadcasting to Cuba.—The Committee recommendation includes $27,931,000 for radio and television broadcasting to Cuba, 

which is $1,063,000 above the current year program plan, and 

$10,000,000 below the request. The Committee does not provide 

$10,000,000 to purchase, outfit, and operate an aircraft dedicated 

to transmitting Radio and TV Marti programming. The Committee 

recommendation assumes the continuation of periodic efforts of the 

Pennsylvania Air National Guard aircraft, operating within U.S. 

air space, to continue to broadcast Radio and TV Marti, and to report to the Committee, as in the current year. 

Radio Free Asia (RFA).—The Committee recommendation includes $29,966,000 for RFA, $577,000 above the fiscal year 2005 

program plan, and $362,000 below the request. The Committee recommendation does not include the proposed understands that the 

recommendation will not result in any language service reductions. 

The Committee strongly supports increased broadcasting efforts to 

China, Tibet, Burma, Vietnam, North Korea, Laos, and Cambodia. 

The Committee does not provide the proposed increase of $334,000 

for the executive director’s office. 

The recommendation includes funding for RFA to continue daily 

Uyghur broadcasts. 

The Committee encourages the Board to increase the number of 

broadcast hours of both the VOA and the RFA Korean and Cantonese services. The Committee expects the BBG to reprogram 

funds, if necessary, to achieve these increases. 

The Committee urges the Broadcasting Board of Governors to 

focus programming on the promotion of religious freedom and 

human rights. The BBG should work with the U.S. Commission on 

International Religious Freedom on the scope and content of programming that will instruct and inform on the merits of religious 

freedom as part of a civil society. 

BROADCASTING CAPITAL IMPROVEMENTS

The Committee recommendation includes $10,893,000 in new 

budget authority for broadcasting capital improvements, and an additional $16,000,000 in prior-year funds for a total available 

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cluding supplemental appropriations, and the same amount as the 

request. The recommendation will provide for the continuation of 

base costs for maintenance, improvements, replacements and repairs, digital production capability development, and security upgrades at transmitting stations overseas. 

RFE/RL headquarters.—The Committee recommendation includes $13,500,000 for the one-time costs of moving employees and 

equipment into a new facility in fiscal year 2008. 

The Committee understands the Administration intends to transfer funds provided in Public Law 107–38 for the purpose of acquiring transmission capabilities in Egypt to offset requirements in the 

operations account. The Committee appreciates the efforts by the 

BBG to acquire this capability and continues to direct the BBG to 

expand the broadcasting audience of Egypt and the Middle East. 

The Board shall continue to keep the Committees informed on the 

status of its efforts to acquire additional transmission capabilities 

in the Middle East. The BBG shall report to the Committee on the 

progress of these efforts. 

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCY

The Committee recommends the following general provisions for 

the Department of State, similar to provisions that were included 

in the fiscal year 2004 Appropriations Act: 

Section 401 of the bill permits funds appropriated in this Act for 

the Department of State to be available for allowances and differentials as authorized by subchapter 59 of Title 5 of the United 

States Code; for services as authorized by 5 U.S.C. 3109; and for 

hire of passenger transportation pursuant to 5 U.S.C. 1343(b). 

Section 402 of the bill permits up to five percent of any State Department appropriation to be transferred to another State Department appropriation, but no program can be increased by more than 

ten percent, and provides the same authority to Broadcasting 

Board of Governors programs. In addition, the language provides 

that any transfer pursuant to this subsection shall be treated as a 

reprogramming of funds under section 605 of the accompanying bill 

and shall not be available for obligation or expenditure except in 

compliance with the procedures set forth in that section. 

Section 403 of the bill prohibits the use of funds by the Department of State or the Broadcasting Board of Governors to provide 

assistance to the Palestinian Broadcasting Corporation. 

Section 404 of the bill clarifies the responsibilities of the Senior 

Policy Operating Group on Trafficking in Persons. The Committee 

understands that the Operating Group has been actively meeting 

and performing its designated functions since enactment of Section 

406 of division B of Public Law 108–7. The Committee expects that 

all anti-trafficking policies, grants and grant policies shall be covered by the provisions of Section 406 of division B of Public Law 

108–7. The recommendation also includes language clarifying that 

the Senior Policy Operating Group and its chairman are the coordinating body (and official) accountable for federal anti-trafficking 

policies, grants and grant policies. The language also makes clear 

that the coordinating responsibilities of the Operating Group are 

not intended to supercede the decision-making authority of the constituent members of the Task Force to Monitor and Combat TrafVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00143 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
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ficking in Persons, to whom Operating Group members continue to 

report. The Operating Group is, and was intended to serve as, the 

forum for interagency coordination of anti-trafficking policies, even 

as final decisions regarding any such policies are necessarily vested 

with the President and the senior officials who comprise the Task 

Force. The Committee understands that the Senior Operating 

Group and its chair have successfully performed the coordinating 

functions assigned to them. 

Section 405 of the bill includes new language requiring that any 

funding used to implement E–Government Initiatives shall be subject to section 605 of this Act. 

Section 406 of the bill includes new language concerning the Department’s rewards program. 

TITLE V—RELATED AGENCIES 

ANTITRUST MODERNIZATION COMMISSION

SALARIES AND EXPENSES

The recommendation provides $1,172,000 for the Antitrust Modernization Commission, which is the same as the fiscal year 2005 

level and $448,000 below the request. The Commission, authorized 

by Public Law 107–273, is examining whether antitrust laws need 

to be modernized, and is identifying and studying related antitrust 

issues. The request level was intended to represent the final appropriation for the Commission, but the Commission is not scheduled 

to complete its work until fiscal year 2007. Therefore, the Committee understands that the Commission cannot obligate all of the 

requested funds in fiscal year 2006 and has, therefore, reduced the 

funding accordingly. 

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

The recommendation includes $499,000 for the Commission for 

the Preservation of America’s Heritage Abroad, which is $7,000 

above the fiscal year 2005 level and the same as the request. The 

recommendation will allow the Commission to fund its administrative expenses through appropriated funds while relying on other 

sources of funding for actual purchase and restoration of property. 

The Commission protects and preserves endangered cultural 

sites in Eastern and Central Europe important to the heritage of 

U.S. citizens, including cemeteries, monuments, and historic buildings. One of its primary tasks is to obtain protection and preservation assurances from the governments of the region. 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

The recommendation includes $9,096,000 for the salaries and expenses of the Commission on Civil Rights, which is $121,000 above 

the fiscal year 2005 level and the same as the request. 

The Commission was established by the Civil Rights Act of 1957 

and is directed by eight part-time commissioners. The Commission 

145 

was created to protect the civil rights of people within the United 

States and was intended to be an independent, bipartisan, factfinding agency. The Commission investigates charges of citizens 

being deprived of voting and other civil rights and collects, studies, 

and disseminates information on the impact of Federal laws and 

policies on civil rights. 

The Committee notes that the Commission has been plagued 

with management problems for several years. The Commission recently notified the Speaker of the House of an Anti-Deficiency Act 

violation that occurred during fiscal year 2004. This lack of adherence to Federal financial laws is unacceptable, and the Committee 

directs the Commission to immediately implement financial controls to rectify these problems. In addition, the Committee expects 

a report, no later than September 15, 2005, describing proposed 

structural and management changes for the Commission that will 

generate more efficient operations, including potential cost savings, 

but not jeopardize the mission of the agency. 

The Committee recommends language as included in previous 

years, which provides: (1) a limitation of four full-time positions 

under schedule C of the Excepted Service, exclusive of one special 

assistant for each Commissioner, and (2) a prohibition against reimbursing Commissioners for more than 75 billable days, with the 

exception of the chairperson, who is permitted 125 billable days. 

The recommendation does not include language carried in previous 

fiscal years restricting the amount available for consultants. The 

Committee encourages the Commission to enlist outside assistance, 

as necessary, to correct the Commission’s serious management 

problems. 

COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

SALARIES AND EXPENSES

The recommendation includes $3,200,000 for the Commission on 

International Religious Freedom, which is $240,000 above the fiscal 

year 2005 level and $200,000 above the request. The Committee 

recommendation includes funding above the President’s request to 

allow the Commission to continue and increase data development, 

hearings, analysis of policy, outreach and overall operations required to fulfill the Commission’s mandated responsibilities. 

The Committee commends the Commission on its efforts to promote international religious freedom in consultation with the Department of State, independent human rights groups and other 

non-governmental organizations, religious leaders, academics, policy experts, the intelligence community, and government agencies. 

The Committee urges the Commission and the State Department 

to continue work on developing an Index on Religious Freedom that 

may be used to assess progress on relevant issues within regions 

and specific countries. The State Department’s Report on Trafficking in Persons may provide a useful model for assessing and 

tracking efforts to promote religious freedom worldwide. 

The Commission, established pursuant to the International Religious Freedom Act of 1998, conducts independent reviews and reporting of facts and circumstances of violations of religious freedom 

abroad, and recommends options for United States policies with reVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00145 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
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spect to foreign countries engaging in or tolerating violations of religious freedom. 

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

The recommendation includes $2,030,000 for the Commission on 

Security and Cooperation in Europe, which is $224,000 above the 

fiscal year 2005 level and the same as the request. The Commission was established in 1976 to monitor compliance with the Final 

Act of the Conference on Security and Cooperation in Europe, with 

particular regard to provisions dealing with humanitarian affairs. 

The Committee recognizes the leadership of the Commission in 

promoting human rights, democracy, and the rule of law in the 55 

participating States of the Organization for Security and Cooperation in Europe (OSCE). 

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

The recommendation includes $1,900,000 for the CongressionalExecutive Commission on the People’s Republic of China, which is 

$25,000 above the fiscal year 2005 level and the same as the request. 

The Committee commends the Commission for its ongoing efforts 

to monitor China’s compliance with international human rights 

agreements and standards. The Committee supports the development of the Political Prisoner Database project in accordance with 

Section 302(b) of Public Law 106–286 and expects the Commission 

to provide a status report to the Committee on related plans and 

activities by August 1, 2005. This database will significantly 

heighten international awareness regarding the plight of political 

prisoners in China. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

The recommendation includes $331,228,000 for the salaries and 

expenses of the Equal Employment Opportunity Commission 

(EEOC) for fiscal year 2006. This amount is $4,425,000 above the 

fiscal year 2005 level and the same as the request. 

The Committee recommendation includes inflationary increases 

for personnel, benefits, and space rental costs, as requested. 

The recommendation continues language prohibiting the Commission from taking action to implement any workforce repositioning, restructuring, or reorganization unless the Committee 

has been notified in advance of such proposals, in accordance with 

the reprogramming procedures under section 605 of this Act. EEOC 

shall continue to submit quarterly status reports on projected and 

actual spending levels, by function, and shall highlight any changes 

resulting from repositioning activities. 

The bill includes language similar to that included in previous 

Appropriations Acts allowing up to $33,000,000 for payments to 

State and local Fair Employment Practices Agencies (FEPAs). The 

147 

Committee again encourages the EEOC to use the experience the 

FEPAs have in mediation as the Commission continues to expand 

its Alternative Dispute Resolution programs. The bill also includes 

language similar to that included in previous Appropriations Acts 

allowing non-monetary awards to private citizens and up to $2,500 

for official reception and representation expenses. 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

The bill includes total budget authority of $289,771,000 for the 

salaries and expenses of the Federal Communications Commission 

(FCC) for fiscal year 2006, of which $288,771,000 is to be derived 

from offsetting collections, resulting in a direct appropriation of 

$1,000,000. The operating level for fiscal year 2006 is $8,686,000 

above the fiscal year 2005 level and $14,286,000 below the request. 

The recommendation provides inflationary adjustments including 

staff compensation and benefits. 

The Committee recommendation includes bill language, similar 

to that included in previous Appropriations Acts, which allows: (1) 

up to $4,000 for official reception and representation expenses; (2) 

purchase of uniforms and acquisition of vehicles; (3) special counsel 

fees; (4) collection of $288,771,000 in section 9 fees; (5) the sum appropriated to be reduced as section 9 fees are collected; and (6) fees 

in excess of $288,771,000 to be available in fiscal year 2007. 

The mission of the Federal Communications Commission is to 

implement the Communications Act of 1934 in a manner that promotes competition, innovation, and deregulation in the communications industry and the availability of high quality communications 

services for all Americans. 

The Committee is disappointed with the presentation of FCC’s 

budget request and directs the FCC to submit a spending plan by 

bureau and office within 30 days of enactment of this Act. This 

spending plan shall serve as the basis for all reprogramming notifications. In addition, the Committee expects FCC to include this 

level of detail in its fiscal year 2007 request. Furthermore, the 

Committee reminds the FCC of the reprogramming requirements 

contained in section 605 of the Act, identifying the procedures for 

notifying the Committee of changes to the budgetary and organizational plans of the Commission. 

During the fiscal year 2004 appropriations process, the Committee raised concerns about FCC employees accepting travel payments from entities that have business concerns regulated by the 

Commission. The Committee is pleased that the Commission voluntarily examined its travel practices and modified its procedures for 

accepting payments from non-governmental sources. However, the 

Committee encourages the Commission to extend its prohibition on 

non-government-sponsored travel to apply to all FCC employees. 

The recommendation does not include new funding for laboratory 

modifications. The Committee understands that the FCC Chairman 

is examining whether the project can be completed incrementally. 

If savings can be found and redirected from base funds, the Commission may submit a reprogramming to the Committee for further 

consideration of this project. In light of the potential need to upgrade the facility, the recommendation does not include language 

148 

restricting expenditure of funds for land, structure, and improvement of grounds and buildings, as requested. 

The recommendation does not include new funding for oversight 

of Universal Service Fund activities. However, the Committee is 

troubled by the problems uncovered in the program and expects the 

FCC to give high priority to working with the Universal Service 

Administrative Company to fight grantee waste, fraud, and abuse, 

within the funds available. The Committee notes that the FCC currently spends discretionary funds to manage a grant program that 

is funded by mandatory contributions from interstate telecommunications service providers. Therefore, the Committee encourages the 

FCC to investigate the incorporation of program oversight costs 

into the mandatory payment structure. 

The recommendation includes language making any funds for egovernment activities subject to the reprogramming requirements 

included in section 605 of the Act. 

The recommendation does not include a provision in the fiscal 

year 2005 bill that limited the funds available to administer the 

spectrum auctions program. The Committee expects the FCC to refine its cost accounting system so that all costs, including auction 

costs, can be clearly distinguished by activity. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

The Committee recommends total budget authority of 

$211,000,000 for the salaries and expenses of the Federal Trade 

Commission for fiscal year 2006, which is $6,673,000 above the fiscal year 2005 level and the same as the request. Collections from 

premerger filing fees under the Hart-Scott-Rodino Act and Do-NotCall list fees partially offset the appropriation requirement for this 

account. 

The mission of the Commission is to enforce a variety of Federal 

antitrust and consumer protection laws. Under these laws, the 

Commission seeks to ensure that the nation’s markets are competitive, function vigorously and efficiently, and are free from undue 

governmental and private restrictions. The Commission also seeks 

to improve the operation of the marketplace by eliminating deceptive and unfair practices. Appropriations for both the Antitrust Division of the Department of Justice and the Commission are partially financed with Hart-Scott-Rodino Act pre-merger filing fees. 

The recommendation includes requested bill language prohibiting 

the use of funds to implement or enforce portions of section 43 of 

the Federal Deposit Insurance Act and section 151 of the Federal 

Deposit Insurance Corporation Improvements Act of 1991. 

The recommendation also includes bill language which: (1) allows 

for purchase of uniforms and hire of motor vehicles; (2) allows up 

to $2,000 for official reception and representation expenses; (3) allows for the collection of fees; (4) allows for the sum appropriated 

to be reduced as fees are collected; and (5) allows funding to be 

available until expended. 

149 

HELP COMMISSION

SALARIES AND EXPENSES

The recommendation includes $1,000,000 for the HELP Commission to carry out its authorized purposes, which is $13,000 above 

the current year level and the same as the request. 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

The recommendation includes $330,803,000 for the payment to 

the Legal Services Corporation. This amount is the same as the fiscal year 2005 level and $12,553,000 above the request. This 

amount includes: (1) $313,683,000 for grants to basic field programs and required independent audits; (2) $2,539,000 for the Office of Inspector General; (3) $12,826,000 for Corporation management and administration; and (4) $1,755,000 for client self-help 

and information technology. 

The Legal Services Corporation is a private, nonprofit corporation that provides low-income individuals with access to legal assistance and information concerning civil legal problems. Created 

in 1974, the Legal Services Corporation is charged by Congress to 

provide assistance to those who would otherwise be unable to afford adequate legal counsel. 

The recommendation does not include new funding for a loan repayment assistance program (LRAP), but the Committee encourages LSC to proceed with the planned pilot program. The Committee expects that the LRAP will help to encourage more attorneys to pursue careers in legal aid. 

The Committee is concerned about LSC’s rent payment for its 

current headquarters. The Committee expects LSC to reduce its 

rent payment by eliminating unnecessary office space and negotiating a more competitive cost per square foot. 

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

The Committee recommendation includes bill language to continue similar statutory requirements and restrictions contained in 

previous Appropriations Acts. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

The recommendation includes $1,865,000 for the necessary expenses of the Marine Mammal Commission, which is the same as 

the current level and $60,000 below the request. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

The Committee recommendation includes $888,117,000 for the 

Securities and Exchange Commission (SEC), including 

$863,117,000 from current year fee collections and $25,000,000 

from prior year unobligated balances. This total funding level is the 

same as the request and $7,117,000 above the direct appropriation 

available in fiscal year 2005. 

150 

The primary mission of the SEC is to protect investors and maintain the integrity of the securities 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. 

In fiscal years 2003, 2004, and 2005, the Commission received 

funds to significantly increase its ability to protect investors and to 

implement the Sarbanes-Oxley Act. The fiscal year 2006 recommendation allows for inflationary adjustments and assumes onetime adjustments due to reductions for rent, furniture, equipment, 

and information technology investments. 

The Committee is alarmed by recent news that the SEC has miscalculated by an estimated $50,000,000 its security and build-out 

costs in Washington, DC; New York, NY; and Boston, MA. As a result, the Committee has requested that the Government Accountability Office (GAO) report on the following: (1) the amount of funding for these projects that was not initially planned; (2) the actions 

that caused this change of budget plans; (3) the actions taken by 

the SEC since this budgeting problem was uncovered; and (4) any 

corrective actions to prevent this problem from recurring. 

The Committee remains concerned that American investors may 

be unwittingly investing in companies with ties to countries that 

sponsor terrorism or are linked to human rights violations. The 

Committee believes that a company’s association with sponsors of 

terrorism and human rights abuses, no matter how large or small, 

can have a materially adverse result on a public company’s operations, financial condition, earnings, and stock prices, all of which 

can negatively affect the value of an investment. In order to protect 

American investors’ savings and to disclose these business relationships to investors, an Office of Global Security Risk was established within the Division of Corporation Finance. The Committee 

notes that the SEC was slow to respond to direction to establish 

the office and expects all positions designated for the office to be 

filled as soon as possible. The Committee directs the SEC to continue to submit quarterly reports on the activities of this office. 

In addition, the Committee recommends language, similar to 

that included in previous Appropriations Acts, which: (1) allows for 

the rental of space; (2) makes up to $3,000 available for official reception and representation expenses; (3) makes up to $10,000 available for a permanent secretariat for the International Organization 

of Securities Commissions; and (4) makes up to $100,000 available 

for expenses of meetings and consultations with foreign governmental and regulatory officials. 

SMALL BUSINESS ADMINISTRATION

The recommendation provides a total of $589,605,000 for the five 

appropriations accounts of the Small Business Administration 

(SBA). This amount is $3,389,000 below the budget request and 

$17,831,000 above the amount appropriated in fiscal year 2005 excluding $929,000,000 in supplemental appropriations provided for 

the disaster loan program in response to hurricane emergency declarations. Detailed guidance for the five SBA appropriations accounts are contained in the following paragraphs. 

151 

SALARIES AND EXPENSES

The Committee recommends $318,029,000 for the salaries and 

expenses account of the Small Business Administration. This 

amount is the same as the amount provided in fiscal year 2005 and 

$10,870,000 above the request. 

Of the amount provided under this heading, $200,029,000 is for 

operating expenses of the SBA. In addition, a total of $133,461,000 

from other SBA accounts may be transferred to and merged with 

the salaries and expenses account for indirect operating costs. This 

amount consists of $124,961,000 from the Business Loans Program 

account and $8,500,000 from the Disaster Loans Program account 

for administrative expenses related to those accounts. The Committee also anticipates that SBA will have an additional $3,000,000 

in fee receipts and $13,475,000 in reimbursable amounts from 

other agencies available for operating expenses. This will result in 

a total availability of $349,965,000 for the operating expenses of 

the SBA, an increase of $17,520,000. 

The Committee directs the SBA to support no less than the fiscal 

year 2005 level of funding for the HUBZone Contracting Program; 

the National Ombudsman; Native American Outreach; and the Office of Advocacy, including support for the Advocacy Database. In 

addition, the Committee expects the SBA to support no less than 

the fiscal year 2005 level for international trade programs, including the United States Export Assistance Centers (USEACs). The 

Committee also expects the SBA to continue to devote funds from 

its operating budget to enhance opportunities for small businesses 

to partner with the manufacturing sector. 

The recommendation includes language under the Disaster 

Loans Program account allowing $49,716,000 to be transferred to 

and merged with the salaries and expenses account for the direct 

and indirect administrative costs of disaster loan making and servicing. 

Within the amounts provided under this heading, the Committee 

expects the SBA to continue to help small businesses adapt to a 

paperless procurement environment. The Committee recommendation also includes the full amount requested for Low Documentation Processing Centers. The Committee expects the SBDC program to continue its work with the Small Business Compliance Alliance. 

The Committee understands that SBA’s information technology 

(IT) systems are in need of upgrades, and that as the agency transforms by reducing staffing levels, IT investments are critical. For 

this reason, the recommendation includes ample funding to address 

the highest priority needs. The SBA is expected to complete 

projects in the following priority order, as funding permits: upgrade 

the e-mail system, modernize the internet and intranet, improve 

electronic records management, and consolidate the IT infrastructure. 

The Committee notes that the SBA has oversight of the Business 

Gateway program, a one-stop web site for existing and prospective 

business owners. The Committee is not convinced that there is sufficient justification for this and other e-government investments. 

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152 

government activities subject to the reprogramming requirements 

in section 605 of the Act. 

The Committee recommendation for salaries and expenses in- cludes a total of $118,000,000 for non-credit initiatives as follows: 

[In thousands of dollars] 

Veterans Programs ................................................................................ $750 

Small Business Development Centers ................................................. 88,000 

SCORE .................................................................................................... 5,000 

Women’s Business Centers ................................................................... 12,500 

Women’s Business Council .................................................................... 750 

Microloan Technical Assistance ............................................................ 10,000 

Drug Free Workplace ............................................................................ 1,000 

Total, non-credit initiatives ........................................................... 118,000 

The SBA shall not reduce these noncredit programs to fund operating costs. 

The SBA shall submit a report to the Committee by August 15, 

2005, describing the following programs and identifying any duplication or opportunities for consolidation of activities: SBDCs, Women’s Business Centers, and SCORE. The Committee is concerned 

that many of these programs perform similar functions and serve 

similar audiences, and, therefore, may be duplicative. 

The Committee is aware that there are certain rural areas that 

are underutilized business areas, but are excluded from HUBZone 

designation because a metropolitan area in the county disproportionately affects the total population of the jurisdiction and prohibits the county from being designated as a qualified nonmetropolitan county. The Committee encourages the SBA to examine 

ways to incorporate these areas into any future revisions of the 

Small Business Act. 

The Committee recommendation includes requested language authorizing $3,500 for official reception and representation expenses 

as well as language authorizing the SBA to charge fees to cover the 

cost of publications and certain loan servicing activities. The language also permits revenues received from all such activities to be 

credited to the salaries and expenses account to be available for 

carrying out these purposes without further appropriations. The 

recommendation also includes new language making $1,000,000 

available for the National Veterans Business Development Corporation. 

OFFICE OF INSPECTOR GENERAL

The Committee recommends $13,500,000 for the Office of Inspector General of the Small Business Administration, which is 

$1,000,000 below the request and $660,000 above the amount appropriated in fiscal year 2005. The Committee understands that 

these resources will be used to meet the Office of Inspector General’s statutory requirements, with a particular focus on fraud investigations, financial statement audits, and the agency’s transformation. 

SURETY BOND GUARANTEES REVOLVING FUND

The Committee recommends a total of $2,861,000 for the Surety Bond Guarantees Revolving Fund, which is $139,000 below the request and the same as the fiscal year 2005 level. The Committee 

understands that the Surety Bond program is not covered by FedVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00152 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
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eral Credit Reform Act, and that SBA requests an appropriation 

only when projections show that the reserves need to be replenished to cover estimated future liabilities. 

BUSINESS LOANS PROGRAM ACCOUNT

The Committee recommends $1,000,000 for the direct costs of 

business loans, which is $435,000 less than the fiscal year 2005 

level and $1,000,000 above the request. The Committee’s recommendation restores the loan subsidy appropriation for the 

microloan program which was proposed for elimination in the request. The Committee recommends a total of $124,961,000 under this 

account for administrative expenses related to business loan programs. The amount provided for administrative expenses may be 

transferred to and merged with the appropriation for SBA salaries 

and expenses to cover the common overhead expenses associated 

with business loans. 

The SBA Business Loan Program serves as an important source 

of capital for America’s small businesses. The recommendation designates a $16,500,000,000 business loan program level, the requested program level. The President’s request and the Committee’s recommendation assume that the 7(a) business loan program 

can continue to operate without an appropriation for subsidy costs. 

The Committee believes that operating this program at zero subsidy is beneficial for the long-term sustainability of this program. 

The recommendation also supports the Small Business Investment Company (SBIC) and 504 loan programs with no subsidy appropriation. As proposed, the recommendation does not include authority for the participating securities program. The recommendation includes a $6,000,000,000 program level for the 504 certified 

development company program, which is $500,000,000 above the 

request and $1,000,000,000 above the fiscal year 2005 level. In addition, the recommendation includes a $12,000,000,000 program level for the Secondary Market Guarantee Program. This reflects the inclusion of this program under the Federal Credit Reform Act. The subsidy rate is zero; therefore, no appropriation is 

required. 

As required by the Federal Credit Reform Act of 1990, Congress 

is required to appropriate an amount sufficient to cover the subsidy 

costs associated with all direct loan obligations and loan guarantee 

commitments made in fiscal year 2006, as well as the administrative expenses of the loan programs. The subsidy amounts are measured on a net present value basis and the administrative expenses 

are estimated on a cash basis. 

DISASTER LOANS PROGRAM ACCOUNT

The Committee recommends a total of $129,254,000 for the Disaster Loans Program Account for loan subsidies and associated administrative expenses, which is $10,081,000 below the request and 

$17,606,000 above the fiscal year 2005 level excluding 

supplementals. The Committee recommendation includes 

$79,538,000 for the subsidy costs of disaster loans, which, when 

combined with estimated recoveries and other carry-over balances, 

will provide for a loan level of at least $810,350,000, which represents the requested average annual disaster loan program level. 

154 

The Committee recommendation includes $49,716,000 for administrative expenses of carrying out the program, which may be 

transferred to and merged with appropriations for salaries and expenses. The recommendation includes language specifying that, of 

the amount provided for administrative expenses, $40,316,000 is 

for the direct administrative expenses of loan making and loan 

servicing, and $8,500,000 is for indirect administrative expenses. 

The recommendation also includes language requiring that any 

amount in excess of $8,500,000 transferred to the salaries and expenses account for indirect administrative expenses shall be subject 

to reprogramming requirements, as detailed under section 605 of 

this Act. In addition, the recommendation retains language transferring $900,000 of the amount provided for administrative expenses to the Office of Inspector General for audits and reviews of 

the disaster loan portfolio. 

As required by the Federal Credit Reform Act of 1990, the Congress is required to appropriate an amount sufficient to cover the 

subsidy costs associated with all direct loan obligations and loan 

guarantee commitments made in fiscal year 2006, as well as the 

administrative expenses of the loan programs. The subsidy 

amounts are measured on a net present value basis, and the administrative expenses are estimated on a cash basis. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

The Committee recommends $2,000,000 for the State Justice Institute (SJI) for fiscal year 2006, which is $578,000 below the fiscal 

year 2005 appropriation and $2,000,000 above the President’s request. 

The SJI is a private, non-governmental organization that awards 

grants to improve the administration of justice in State courts. For 

the fourth consecutive year, the Administration’s budget request 

has proposed eliminating Federal funding for SJI. 

The Committee understands that SJI has been unable to generate stable sources of non-Federal funding. The Committee is 

aware that SJI has contacted bar associations and court organizations, yet these groups are not inclined to contribute to operations 

of the SJI beyond providing matching grant funds for individual 

projects. For this reason, the Committee has continued to provide 

Federal funds for SJI even though the President’s request does not 

include funding for this organization. The Committee commends 

SJI for beginning to work with the Office of Justice Programs 

(OJP) on issues involving State courts and encourages SJI to continue to seek funds from OJP grant programs. 

The Committee expects that successful applicants for new and 

continuing SJI grants will provide matching funds of not less than 

fifty percent of the total cost of the project. 

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

The Committee recommendation includes $4,000,000 for the necessary expenses of the United States-China Economic and Security 

155 

Review Commission in fiscal year 2006, including not more than 

$5,000 for the purpose of official representation. This amount is 

$1,040,000 above the fiscal year 2005 level and the same as the request. Requested language regarding staffing limitations is not included. The Committee supports the work the Commission is undertaking in response to the U.S.-China trade relationship. 

UNITED STATES INSTITUTE OF PEACE

OPERATING EXPENSES

The recommendation includes $22,850,000 for the United States 

Institute of Peace, which is $157,000 above the fiscal year 2005 

level, and $1,000,000 above the budget request. The recommended 

funding level supports programs related to resolving conflicts in the 

Arab and Muslim World. 

TITLE VI—GENERAL PROVISIONS 

The Committee recommends the following general provisions for 

the departments and agencies funded in the accompanying bill. 

Section 601 prohibits any appropriation contained in the Act 

from being used for publicity or propaganda purposes not authorized by the Congress. 

Section 602 prohibits any appropriation contained in the Act 

from remaining available for obligation beyond the current fiscal 

year unless explicitly 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 that if any provision of the Act or the application of such provision to any person or circumstance shall be held 

invalid, the remainder of the Act and the application of such provisions to persons or circumstances other than those to which it is 

held invalid shall not be affected. 

Section 605, modified from fiscal year 2005, provides for the 

Committee’s 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 or renames offices; (6) reorganizes 

programs, or activities; or (7) contracts out or privatizes any function or activity presently performed by Federal employees unless 

the Appropriations Committees of both Houses of Congress are notified 15 days in advance. Section 605(b) prohibits a reprogramming of funds in excess of $500,000 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, including savings 

from a reduction in personnel, which would result in a change in 

existing programs, activities, or projects as approved by Congress 

unless the Appropriations Committees of both Houses of Congress 

156 

are notified 15 days in advance. The Committee has again included 

carryover funds under the requirements of section 605 to clarify 

that agencies must follow reprogramming procedures with respect 

to carryover funds. 

Section 606 prohibits funds from being used to implement, administer, or enforce any guidelines of the Equal Employment Opportunity Commission covering harassment based on religion similar to proposed guidelines published by the EEOC in October 1993. 

Section 607 provides that if it is determined that any person intentionally affixes a ‘‘Made in America’’ label to any product that 

was not made in America that person shall not be eligible to receive any contract or subcontract with funds made available in this 

Act. 

Section 608, proposed for deletion in the budget request, prohibits the use of funds for any United Nations peacekeeping mission when it is made known that United States Armed Forces are 

under the command or operational control of a foreign national and 

the President has not submitted to the Congress a recommendation 

that such involvement is in the national security interest of the 

United States. 

Section 609, proposed for deletion in the budget request, requires 

quarterly reporting to Congress of unobligated balances that were 

received during any previous fiscal year. 

Section 610, proposed for deletion in the budget request, prohibits the use of funds to pay for expansion of diplomatic or consular operations in Vietnam beyond the level of operations on July 

11, 1995, unless the President certifies within 60 days that Vietnam is cooperating in full faith with the U.S. on POW/MIA issues. 

Section 611 provides that any closing or downsizing costs incurred by a department or agency funded under this Act resulting 

from funding reductions in the Act shall be absorbed within the 

budgetary resources available to the Department or agency, and 

provides transfer authority between appropriation accounts to 

carry out the provision, subject to reprogramming procedures. 

Section 612, proposed for deletion in the budget request, prohibits funds made available in this Act from being used to promote 

the sale or export of tobacco or tobacco products or to seek the reduction or removal of foreign restrictions on the marketing of tobacco products, provided that such restrictions are applied equally 

to all tobacco products or tobacco products of the same type. This 

provision is not intended to impact routine international trade 

services provided to all U.S. citizens, including the processing of 

applications to establish foreign trade zones. 

Section 613 prohibits funds for the issuance of visas to persons 

involved in political and extrajudicial killings in Haiti. 

Section 614 prohibits funds made available in this Act from being 

used to implement a Federal user fee for background checks conducted pursuant to the Brady Handgun Control Act of 1993, or to 

implement a background check system that does not require and 

result in the destruction of certain information within 24 hours. 

Section 615, modified from fiscal year 2005 and the request, 

delays the obligations of any receipts deposited into the Crime Victims Fund in excess of $625,000,000 until October 1, 2006. This 

language is continued to ensure a stable source of funds will remain available for the program, despite inconsistent levels of crimiVerDate Aug 04 2004 03:50 Jun 11, 2005 Jkt 021674 PO 00000 Frm 00156 Fmt 6659 Sfmt 6602 E:\HR\OC\HR118.XXX HR118
157 

nal fines deposited annually into the fund. Requested language rescinding the remaining balances in the Crime Victims Fund is not 

included. 

Section 616 prohibits the use of Department of Justice funds for 

programs that discriminate against or denigrate the religious beliefs of students participating in such programs. 

Section 617, proposed for deletion in the budget request, prohibits the use of funds to process visas for citizens of countries that 

deny or delay the repatriation of deported citizens. 

Section 618, proposed for deletion in the budget request, prohibits the transfer of funds in the Act to any department or agency 

of the United States Government, except for transfers made under 

authorities provided in this, or any other appropriation Act. 

Section 619, modified from the current year and proposed for deletion in the budget request, requires the Departments of Commerce, Justice, and State, the Securities and Exchange Commission 

and the Small Business Administration to certify that telecommuting opportunities have increased over the previous fiscal year. 

This section also designates funding for the Department’s, the Securities and Exchange Commission and the Small Business Administration to be available only after such certification is provided. 

Section 620 requires the National Aeronautics and Space Administration and National Science Foundation to certify that telecommuting opportunities have been made available to 100 percent of 

the eligible workforce. This section also designates funding for the 

National Aeronautics and Space Administration and National 

Science Foundation to be available only after such certification is 

provided. 

Section 621, proposed for deletion in the budget request, requires 

the Bureau of Alcohol, Tobacco, Firearms and Explosives to include 

specific language in any release of tracing study data that makes 

clear that trace data cannot be used to draw broad conclusions 

about firearms-related crime. 

Section 622, proposed for deletion in the budget request, prohibits the issuance of certain visas. 

Section 623 prohibits the use of funds to process patents of 

human organisms. The Committee concurs with the intent of this 

provision as expressed in the colloquy between the provision’s sponsor in the House and the Ranking Minority Member of the House 

Committee on Appropriations as occurred on July 22, 2003, with 

respect to any existing patents on stem cells. 

Section 624, proposed for deletion in the budget request, prohibits the use of funds in this Act to pay expenses for any United 

States delegation to the United Nations Human Rights Commission if such commission is chaired or presided over by a country 

that has repeatedly provided support for acts of international terrorism. 

Section 625, modified as requested, provides guidance regarding 

the Capital Security Cost-Sharing program for overseas buildings. 

Section 626 prohibits the use of funds in this Act to be used to 

support or justify torture by any official or contract employee of the 

United States Government. 

Section 627, proposed for deletion in the budget request, designates funds from the Departments and agencies in this Act for 

158 

the purpose of implementing the Capital Security Cost-Sharing 

program. 

Section 628, proposed for deletion in the budget request, prohibits the use of funds in this Act to contravene the United States 

Leadership Against HIV/AIDS, Tuberculosis, and Malaria. 

Section 629, proposed for deletion in the budget request, prohibits the use of funds made available to National Aeronautics and 

Space Administration for voluntary separations, unless the Administrator of National Aeronautics and Space Administration certifies 

to Congress that there would be no loss of critical skills for certain 

National Aeronautics and Space Administration activities. 

Section 630 allows the National Aeronautics and Space Administration to sell a certain parcel of land and to retain the proceeds 

for certain activities. 

Section 631 directs the President through his designee the Administrator of the National Aeronautics and Space Administration 

to develop a national aeronautics policy to guide the aeronautics 

programs of the Administration through 2020. 

Section 632 requires that any funds used by the National Science 

Foundation to implement certain initiatives shall be subject to section 605 of this Act. 

Section 633 prohibits the use of funds in this Act to require certain export licenses. 

Section 634 prohibits the use of funds in this Act to deny certain 

import applications. 

Section 635 prohibits the use of funds to include certain language 

in trade agreements. 

TITLE VII—RESCISSIONS 

DEPARTMENT OF JUSTICE 

LEGAL ACTIVITIES

ASSETS FORFEITURE FUND

(RESCISSION)

The recommendation includes a rescission of $62,000,000 from 

unobligated balances in this account. The budget request proposed 

this rescission under Title I of this Act. 

OFFFICE OF JUSTICE PROGRAMS

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

(RESCISSION)

The recommendation includes a rescission of $38,500,000 of the 

unobligated prior year balances in this account. The budget request 

proposed a $95,500,000 rescission for similar programs under Title 

I of this Act. This rescission shall not apply to funds available for 

the State Criminal Alien Assistance Program. 

159 

COMMUNITY ORIENTED POLICING SERVICES

(RESCISSION)

The recommendation includes a rescission of $86,500,000 of unobligated prior year balances in this account. The budget request 

proposed a $115,500,000 rescission from this account under Title I 

of this Act. 

DEPARTMENT OF COMMERCE 

EMERGENCY STEEL GUARANTEED LOAN PROGRAM ACCOUNT

(RESCISSION)

The recommendation includes a rescission of $35,000,000 of unobligated balances in this account instead of $50,168,000 as proposed in the budget request. 

RELATED AGENCIES 

UNITED STATES-CANADA ALASKA RAIL COMMISSION

SALARIES AND EXPENSES

(RESCISSION)

The recommendation includes a rescission of $2,000,000 from unobligated balances in this account, as proposed in the budget request. 

HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS

The following items are included in accordance with various requirements of the Rules of the House of Representatives. 

CONSTITUTIONAL AUTHORITY

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives states that: 

Each report of a committee on a bill or joint resolution 

of a public character shall include a statement citing the 

specific powers granted to the Congress in the Constitution 

to enact the law proposed by the bill or joint resolution. 

The Committee on Appropriations bases its authority to report 

this legislation from Clause 7 of Section 9 of Article I of the Constitution of the United States of America, which states: 

No money shall be drawn from the Treasury but in consequence of Appropriations made by law. * * * 

Appropriations contained in this Act are made pursuant to this 

specific power granted by the Constitution. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: 

160 

The Committee on Appropriations considers program performance, including a program’s success in developing and attaining 

outcome-related goals and objectives in developing funding recommendations. 

CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1) of rule XIII of Rules of the House of 

Representatives, the following statements are submitted describing 

the effect of provisions in the accompanying bill, which directly or 

indirectly change the application of existing law. 

Language is included in various parts of the bill to continue ongoing activities that require annual authorization or additional legislation, which to date has not been enacted. 

The bill includes provisions that place limitations on the use of 

funds in the bill or change existing limitations and that might, 

under some circumstances, be construed as changing the application of existing law. 

The bill includes a number of provisions, virtually unchanged for 

many years, that are technically considered legislation. 

The bill also provides that a number of appropriations shall remain available for obligation beyond the current fiscal year. While 

these provisions are not specifically authorized for all of the items, 

it is deemed desirable to include such language for certain programs in order to provide for orderly administration and the effective use of funds. 

Language is included under a number of accounts, in which appropriations are offset by collections, that specifies the level of offsetting collections to be credited to the account and in certain cases 

makes collections in excess of the level available in the following 

fiscal year. 

In various places in the bill, the Committee has designated funds 

within appropriation accounts in order to fund specific programs 

and has adjusted some designations. 

Language is deleted for items that were one-time requirements 

in fiscal year 2005. 

Language is included making changes to citations of authorizations. 

Language is included designating the number of employees and 

funding for certain functions of the Departments of Commerce, Justice and State. 

Throughout the bill, several General Provisions carried in the fiscal year 2005 bill for one-time requirements are deleted and several others contain technical modifications. 

Those additional changes in the fiscal year 2006 bill, which 

might be interpreted as changing existing law, are as follows: 

Under United States Attorneys, language is modified concerning 

the availability of funds. 

Under United States Marshals Service, Salaries and Expenses, 

language is included regarding amounts available for information 

technology systems, equipment, and the renovation of certain 

space. 

Under Fees and Expenses of Witnesses, language is modified 

making such sums of funding available. 

Under the Federal Bureau of Investigation, language is modified 

concerning the purchase of motor vehicles, designating an amount 

161 

for reimbursable agreements, and designating funding for official 

reception and representation. 

Under the Federal Bureau of Investigation, language is modified 

making funding available for a records management facility. 

Under the Drug Enforcement Administration, language is modified concerning the purchase of motor vehicles. 

Under Federal Prison System, Salaries and Expenses, language 

is included regarding the purchase of motor vehicles, and regarding 

funds carried forward into the next fiscal year. 

Under Violence Against Women Prevention and Prosecution Programs, language is included regarding evaluation, training and 

technical assistance. 

Under State and Local Law Enforcement Assistance, language is 

modified regarding intelligence capabilities, and language is included regarding cannabis eradication and capital litigation. 

Under Weed and Seed Program Fund, language is modified regarding training and technical assistance. 

Under Community Oriented Policing Services, language is modified regarding armor vests, Indian tribes, interoperability and 

gangs. Language is modified regarding the availability of DNA 

analysis funding. Language is modified regarding the use of prior 

year balances. 

Under the Juvenile Justice account, language is modified regarding the gang resistance program. Language is included regarding 

the application of certain funding designations. 

In section 105, modified language is included allowing the Department of Justice to transfer up to five percent between appropriations accounts, subject to the Committee’s reprogramming procedures. 

In section 106, language is modified regarding a Personnel Management Demonstration Project. 

In section 107, modified language is included regarding the establishment of procurement quotas by the Drug Enforcement Administration. 

In section 110, language is included regarding the application of 

reprogramming requirements to certain initiatives. 

Under the International Trade Administration, language is modified concerning the availability of funds. 

Under Public Telecommunications Facilities, Planning and Construction, language is modified regarding the administration of 

grants. 

Under United States Patent and Trademark Office, language is 

modified regarding certain authorities. 

Under National Institutes of Standards and Technology, language is modified allowing the transfer of certain amounts to the 

working capital fund. 

Under National Oceanic and Atmospheric Administration, Operations, Research, and Facilities, language is included making specific amounts available by transfer from the ‘‘Promote and Develop 

American Fisheries’’. Language is modified regarding general administrative charges. Language is modified regarding reprogramming and use of de-obligated balances. 

Under National Oceanic and Atmospheric Administration, Procurement, Acquisition and Construction, language is modified regarding reprogramming and the use of de-obligated balances. 

162 

Under Pacific Coastal Salmon Recovery, language is included describing uses of funds under this account. 

Section 205 includes modified language regarding the application 

of reprogramming requirements to certain initiatives. 

Under the National Aeronautics and Space Administration, Administrative Provisions, language is modified regarding the transfer of funds between appropriations accounts. 

Under the National Science Foundation, Research and Related 

Activities, language is modified regarding the United States polar 

icebreaking fleet. Language is included regarding inducement 

prizes. 

Under emergencies in the Diplomatic and Consular Services, language is included regarding transfers to the repatriation loans program account. 

Under International Organizations, Contributions to International Organizations, language is modified requiring notification 

of any increase in the United Nations biennial budget. 

Under Contributions to International Peacekeeping Activities, 

language is included regarding extended availability of funds. Language is included prohibiting funds to be obligated for any new or 

expanded United Nations peacekeeping mission unless the United 

Nations has taken appropriate measures to prevent sexual exploitation and to hold accountable individuals who engage in such activity. 

Section 405 includes new language regarding the application of 

reprogramming requirements to certain initiatives. 

Section 406 includes new language relating to eligibility criteria 

for the State Department’s rewards program. 

Under Small Business Administration, Salaries and Expenses, 

language is included regarding an authorization citation, and language is included designating a specific amount for the National 

Veterans Business Development Corporation. Language is included 

regarding the application of reprogramming requirements to certain initiatives. 

Under Business Loans Program Account, includes language deleting the reference to an authorization Act and designating an 

amount of lending authority. 

Under Disaster Loans Program Account, language is included regarding authorities for providing direct loans, and providing for the 

availability of funds. 

Section 605 includes modified language regarding the reprogramming of funds. 

Section 609 includes modified language regarding the submission 

of accounting reports. 

Section 615 includes modified language regarding the Fund established in 42 U.S.C. 10601. 

Section 619 includes modified language, requiring the Departments of Commerce, Justice, and State, the Securities and Exchange Commission and the Small Business Administration to certify that telecommuting opportunities have increased over the previous fiscal year. This section also designates funding for the departments, the Securities and Exchange Commission and the Small 

Business Administration to be available only after such certification is provided. 

163 

Section 620 requires the National Aeronautics and Space Administration and National Science Foundation to certify that telecommuting opportunities have been made available to 100 percent of 

the eligible workforce. This section also designates funding for the 

National Aeronautics and Space Administration and National 

Science Foundation to be available only after such certification is 

provided. 

Section 625 includes modified language regarding the Department of State’s Capital Security Cost Sharing program. 

Section 627 includes modified language designating funding for 

the Capital Security Cost Sharing program. 

Section 629 prohibits the use of funds made available to National 

Aeronautics and Space Administration for voluntary separations, 

unless the Administrator of National Aeronautics and Space Administration certifies to Congress that there would be no loss of 

critical skills for certain National Aeronautics and Space Administration activities. 

Section 630 allows the National Aeronautics and Space Administration to sell a certain parcel of land and to retain the proceeds 

for certain activities. 

Section 631 directs the President through his designee, the Administrator of the National Aeronautics and Space Administration, 

to develop a national aeronautics policy to guide the aeronautics 

programs of the Administration through 2020. 

Section 632 requires that any funds used by the National Science 

Foundation to implement certain initiatives shall be subject to section 605 of this Act. 

Section 633 prohibits the use of funds in this Act to require certain export licenses. 

Section 634 prohibits the use of funds in this Act to deny certain 

import applications. 

Section 635 prohibits the use of funds to include certain language 

in trade agreements. 

APPROPRIATIONS NOT AUTHORIZED BY LAW

Pursuant to clause 3(f)(1) of rule XIII of the Rules of the House 

of Representatives, the following table lists the appropriations in 

the accompanying bill which are not authorized by law: 

[In thousands of dollars] 

Agency/Program Last year of 

authorization 

Authorization 

level 

Appropriations in 

last year of 

authorization 

Appropriations in 

this bill 

Department of Justice: 1

General Administration ................................. 2003 $121,079 $100,579 $126,956 

Justice Information Sharing Technology ....... .......................... .......................... .......................... 135,000 

Narrowband Communications / Integrated 

Wireless Network ...................................... 2003 149,292 81,354 110,000 

Administrative Review and Appeals ............. 2003 198,869 191,535 215,685 

Detention Trustee .......................................... 2003 1,388,583 1,366,591 1,222,000 

Office of Inspector General ........................... 2003 66,288 57,937 66,801 

U.S. Parole Commission ................................ 2003 11,355 10,488 11,200 

General Legal Activities ................................ 2003 659,181 611,325 665,821 

Vaccine Injury Compensation Trust Fund ..... 1992 4,058 2,500 6,333 

Antitrust Division .......................................... 2003 141,855 133,133 144,451 

U.S. Attorneys ................................................ 2003 1,550,948 1,503,767 1,626,146 

Foreign Claims Settlement Commission ....... 2003 1,194 1,136 1,220 

U.S. Marshals Service ................................... 2003 737,346 680,474 800,255 

Fees and Expenses of Witnesses .................. 2003 156,145 175,645 such sums 

164 

[In thousands of dollars] 

Agency/Program Last year of 

authorization 

Authorization 

level 

Appropriations in 

last year of 

authorization 

Appropriations in 

this bill 

Community Relations Service ....................... 2003 10,732 9,474 9,659 

Assets Forfeiture Fund .................................. 2003 22,949 21,901 21,468 

Interagency Crime and Drug Enforcement ... 2003 362,131 372,131 506,940 

Federal Bureau of Investigation—Salaries 

and Expenses ........................................... 2003 4,323,912 4,234,587 5,741,132 

Federal Bureau of Investigation—Construction ........................................................... 2003 1,250 1,250 20,105 

Drug Enforcement Administration ................ 2003 1,582,044 1,560,919 1,706,173 

Bureau of Alcohol, Tobacco, Firearms and 

Explosives ................................................. .......................... .......................... .......................... 923,613 

Federal Prison System .................................. 2003 4,605,068 4,470,478 4,969,126 

Violence Against Women Prevention and Prosecution Programs: 

STOP Formula Program ................................. 2005 185,000 187,086 187,308 

Encouraging Arrest Policies .......................... 2005 65,000 63,491 63,491 

Rural Domestic Violence ............................... 2005 40,000 39,685 39,685 

Training Programs for Probation and Pretrial Services ............................................ 1997 1,000 .......................... 4,415 

Stalking Database ........................................ 2005 3,000 2,950 2,950 

Safe Havens .................................................. 2002 15,000 .......................... 14,078 

Education and Training for Disabled Female 

Victims ...................................................... 2005 7,500 7,250 7,250 

Civil Legal Assistance .................................. 2005 40,000 39,740 39,740 

Violence on College Campuses ..................... 2005 10,000 9,175 9,175 

Training Programs for Disabled Women ....... 2005 5,000 4,600 4,600 

Court Appointed Special Advocates .............. 2005 12,000 11,897 11,897 

Training for Judicial Personnel ..................... 2005 2,300 1,925 1,925 

Grants for Televised Testimony .................... 2005 1,000 983 983 

Office of Justice Programs: 

Justice Assistance: 

Management and Administration ........ 2003 215,811 38,000 36,000 

National Institute of Justice ................ 1995 33,000 59,879 56,000 

Bureau of Justice Statistics ................ 1995 33,000 32,335 35,000 

Regional Information Sharing System 2003 100,000 29,000 40,466 

White Collar Crime Center ................... .......................... .......................... .......................... 9,000

State and Local Law Enforcement: 

Byrne Memorial Justice Assistance 

Grants .............................................. .......................... .......................... .......................... 348,466 

Byrne Discretionary Grants .................. 1995 1,000,000 500,000 110,000 

Boys and Girls Clubs ........................... 2005 80,000 85,000 85,000 

State Criminal Alien Assistance Program ................................................ 2004 such sums 300,000 355,000 

Southwest Border Prosecutors ............. .......................... .......................... .......................... 30,000 

Victims of Trafficking .......................... 2005 15,000 10,000 10,000 

Drug Courts .......................................... 2005 60,000 40,000 40,000 

State Prison Drug Treatment Program 2000 72,000 63,000 25,000 

Cannabis Eradication .......................... .......................... .......................... .......................... 11,600 

Intelligence State and Local Training .......................... .......................... .......................... 10,359 

Prescription Drug Monitoring ............... .......................... .......................... .......................... 10,000

Missing Alzheimer’s Patients ............... 1998 900 898 871 

Weed and Seed ............................................. .......................... .......................... .......................... 50,000 

Community Oriented Policing: 

Tribal Law Enforcement ....................... .......................... .......................... .......................... 38,000 

Methamphetamine Hot Spots .............. .......................... .......................... .......................... 60,000 

Law Enforcement Interoperability and 

Technologies .................................... .......................... .......................... .......................... 120,000 

Bullet Proof Vests Programs ................ 2004 50,000 25,000 30,000 

Anti-gang Initiative .............................. .......................... .......................... .......................... 60,000 

Offender Reentry .................................. 2005 16,000 10,000 10,000 

Juvenile Justice: 

Juvenile Mentoring ............................... .......................... .......................... .......................... 5,000 

Tribal Youth ......................................... .......................... .......................... .......................... 10,000 

Alcohol Prevention ................................ .......................... .......................... .......................... 25,000 

Gang Prevention ................................... .......................... .......................... .......................... 25,000 

165 

[In thousands of dollars] 

Agency/Program Last year of 

authorization 

Authorization 

level 

Appropriations in 

last year of 

authorization 

Appropriations in 

this bill 

Juvenile Accountability Block Grant .... 2005 350,000 55,000 60,000 

Victims of Child Abuse Act ................. 2005 20,000 15,000 15,000 

Secure our Schools Act ........................ 2003 30,000 .......................... 15,000 

Project Childsafe .................................. .......................... .......................... .......................... 5,000 

Office of the United States Trade Representative 2004 33,108 41,552 44,779 

International Trade Commission ............................ 2004 57,240 61,700 62,752 

Department of Commerce:.

International Trade Administration ............... 1996 such sums 248,726 406,925 

Bureau of Industry and Security .................. 2001 such sums 64,711 77,000 

National Telecommunications and Information Administration ................................... 1993 19,400 17,900 17,716 

Public Telecommunications Facilities, Planning and Construction ............................. 1994 42,000 24,000 2,000 

National Institute of Standards and Technology, Technology Administration ........... 1993 393,500 279,007 555,204 

National Oceanic and Atmospheric Administration 2 ..................................................... various .......................... .......................... 3,380,000 

National Aeronautics and Space Administration .. 2002 14,625,400 16,196,400 16,471,050 

National Science Foundation 3 ............................... 2005 7,378,340 5,472,8224 5,643,370 

Department of State: 

Administration of Foreign Affairs ................. 2003 5,190,390 5,874,914 6,699,438 

International Organizations .......................... 2003 1,617,359 1,672,000 2,201,712 

International Commissions ........................... 2003 66,385 64,130 63,800 

Other State .................................................... 2003 72,000 69,986 66,875 

Broadcasting Board of Governors .......................... 2003 644,486 599,560 630,893 

United States Commission on Civil Rights ........... 1995 9,500 9,096 9,096 

Commission on International Religious Freedom .. 2003 3,000 3,000 3,200 

Federal Communications Commission ................... 1991 such sums 115,794 289,771 

Federal Trade Commission .................................... 1998 111,000 106,500 211,000 

Legal Services Corporation .................................... 1980 such sums 300,000 330,803 

Marine Mammal Commission ................................ 1999 1,750 1,890 1,865 

Securities and Exchange Commission ................... 2003 776,000 716,350 888,117 

1 The fiscal year 2005 Commerce, Justice, State, and the Judiciary and Related Agencies Appropriation Act, Public Law 108–447, Section 105, continued the authorizations contained in Public law 107–273, the 21st Century Department of Justice Appropriations Authorizations Act until the effective date of a subsequent Department of Justice appropriation authorization act. 2 Programs under the Department of Commerce are funded pursuant to a number of expiring authorizing statutes. The statutes address a number of projects that do not directly correspond to the account structure in this Act. 3 FY 2006 authorization levels for the National Science Foundation are contingent upon a determination by Congress that the National Science Foundation has made progress toward certain management goals. Congress has not yet made such determinations. 

COMPARISON WITH THE BUDGET RESOLUTION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives requires an explanation of compliance with section 

308(a)(1)(A) of the Congressional Budget and Impoundment Control 

Act of 1974 (Public Law 93–344), as amended, which requires that 

the report accompanying a bill providing new budget authority contain a statement detailing how that authority compares with the 

reports submitted under section 302 of the Act for the most recently agreed to concurrent resolution on the budget for the fiscal 

year from the Committee’s section 302(a) allocation. 

[In millions of dollars] 

Section 302(b) 

allocation 

Recommended in 

this bill 

Budget authority: 

Mandatory ....................................................................................................................... $361 $361 

Discretionary ................................................................................................................... 57,453 57,453 

Total budget authority ............................................................................................... 57,814 57,814 

166 

[In millions of dollars] 

Section 302(b) 

allocation 

Recommended in 

this bill 

Outlays: 

Manadory ........................................................................................................................ 373 373 

Discretionary ................................................................................................................... 58,856 58,608 

Total outlays ............................................................................................................... 59,229 58,981 

FIVE-YEAR OUTLAY PROJECTIONS

In compliance with section 308(a)(1)(B) of the Congressional 

Budget and Impoundment Control Act of 1974 (Public Law 93– 

344), as amended, the following table contains five-year projections 

associated with the budget authority provided in the accompanying 

bill: 

Fiscal year 2006 outlays 

[In millions of dollars] 

Budget authority .................................................................................... $57,814 

Outlays: 

2006 ................................................................................................. 35,834 

2007 ................................................................................................. 15,274 

2008 ................................................................................................. 4,333 

2009 ................................................................................................. 2,097 

2010 and future years .................................................................... 1,032 

ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

In accordance with section 308(a)(1)(C) of the Congressional 

Budget and impoundment Control Act of 1974 (Public Law 93–344), 

as amended, the financial assistance to State and local governments is as follows: 

Millions 

FY 2006 new budget authority ............................................................. $2,475 

FY 2006 outlays resulting therefrom ................................................... 495 

COMPLIANCE WITH RULE XIII, CL. 3(e) (RAMSEYER RULE) 

In accordance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclose in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): 

SECTION 36 OF THE STATE DEPARTMENT BASIC 

AUTHORITIES ACT OF 1956 

SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM. 

(a) * * * 

(b) REWARDS AUTHORIZED.—In the sole discretion of the Secretary (except as provided in subsection (c)(2)) and in consultation, 

as appropriate, with the Attorney General, the Secretary may pay 

a reward to any individual or to an officer or employee of a foreign 

government in accordance with subsection (f)(2) who furnishes information leading to— 

(1) * * * 

* * * * * * * 

ø(f) INELIGIBILITY.—An officer¿ 

167 

(f) INELIGIBILITY.— (1) IN GENERAL.—Except as provided in paragraph (2), an officer or employee of any entity of Federal, State, or local government or of a foreign government who, while in the performance of his or her official duties, furnishes information described in subsection (b) shall not be eligible for a reward 

under this section. 

(2) EXCEPTION IN CERTAIN CIRCUMSTANCES.—The Secretary 

may pay a reward to an officer or employee of a foreign government (or any entity thereof) who, while in the performance of 

his or her official duties, furnishes information described in 

such subsection, if the Secretary determines that such payment 

satisfies the following conditions: 

(A) Such payment is appropriate in light of the exceptional or high-profile nature of the information furnished 

pursuant to such subsection. 

(B) Such payment may aid in furnishing further information described in such subsection. 

(C) Such payment is formally requested by such agency. 

* * * * * * * 

TRANSFER OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, no language is included transferring unexpended balances. 

RESCISSIONS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following table is submitted describing the 

rescissions recommended in the accompanying bill: 

Department of Justice, Assets Forfeiture Fund .................................. $62,000,000 

Department of Justice, State and Local Law Enforcement Assistance Account ....................................................................................... 38,500,000 

Department of Justice, Community Oriented Policing Services Account .................................................................................................... 86,500,000 

Department of Commerce, Emergency Steel Guaranteed Loan Program Account ...................................................................................... 35,000,000 

United States-Canada Alaska Rail Commission ................................. 2,000,000 

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COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) 

AUTHORITY

The following table provides a detailed summary, for each Department and agency, comparing the amounts recommended in the 

bill with fiscal year 2005 enacted amounts and budget estimates 

presented for fiscal year 2006: 

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(194) 

ADDITIONAL VIEWS OF HON. DAVID OBEY 

Once again, the President requested severe cuts in programs of 

vital interest to the Nation. Once again, the subcommittee’s allocation, reflecting the budget agreed to by the Republican-controlled 

Congress, did not permit the full restoration of the cuts. Each year 

we applaud the Chairman for restoring a significant portion of the 

cuts but we ignore the long-term impact. This pattern has slowly 

eroded efforts to assist state and local communities over the years. 

At the same time that States and local communities are taking 

on greater law enforcement and community building responsibilities, the Administration and the Congress are slowly withdrawing 

funds needed to meet these increasing demands. Since September 

11, for example, local police have undertaken increased homeland 

security duties. Additionally, the sluggish national economy is forcing local communities to work harder to attract new businesses, 

maintain existing ones, and create new jobs. Yet, the Committee’s 

bill will ask our State and local law enforcement agencies and community development organizations to do more in these areas with 

fewer resources. It cannot be done. 

The President budget proposed slashing State and local law enforcement assistance grants by $1.4 billion, a 46.2 percent cut from 

last year’s level, and eliminating Economic Development Assistance 

program grants to distressed communities. While the Committee 

managed to repair some of the damage, this bill does not even get 

back to last year’s levels. 

State and Local Law Enforcement: The Committee bill restored 

$1 billion for State and local law enforcement assistance. However, 

law enforcement grants are still cut by $400 million from last year, 

and last year’s level was $226 million below the year before. Looking back to FY 2001, state and local law enforcement agencies will 

have to do more in FY 2006 with $1 billion less. 

Why is it important to restore funding to assist state and local 

law enforcement? Of the 44 largest metropolitan police departments, 27 have been forced to reduce the number of police on the 

streets. Cleveland, New York, Minneapolis, New Orleans, and 

many other communities, have reduced the number of police since 

September 11th. Shortages of officers and increased homeland security duties have led police chiefs to abandon laborintensive but 

effective preventive policing practices. Not surprisingly, these police chiefs are reporting increased gang activity and other troubling 

indicators of violent crime. 

According to the Department of Justice, every $1 we invest in 

COPS grants contributes to a decline of 10 violent crimes and 27 

property crimes per 100,000 residents. Moreover, numerous studies 

and surveys in the past three years have identified unmet critical 

law enforcement needs for hiring, training and technical assistance, 

as well as protective equipment and interoperable communications. 

195 

In fact, the Independent Task Force on Emergency Responders, 

chaired by former Senator Warren Rudman, stated in its 2003 report that merely continuing funding levels would mean ‘‘America 

will fall $98 billion short of meeting critical emergency responder 

needs over the next five years.’’ Since that report, and despite the 

best efforts of the Subcommittee Chairman, funding for state and 

local law enforcement assistance has been cut by $1 billion. 

Economic Development Administration grants: The Committee also restored $200 million for Economic Development Assistance 

program grants above the President’s request, but this is still $53 

million below last year’s level. This is a 20 percent cut in one year 

and going back to FY 2001, EDA grants have been cut by about 

50 percent. 

Why is it important to restore EDA grants? EDA grants spark 

public and private investments that help create and expand business, and bring new jobs to struggling communities. In 2004, EDA 

investments helped create almost 126,000 new jobs, retain more 

than 34,000 jobs and leverage $10.4 billion in private sector investments in our nation’s distressed communities. For every $1 million 

in EDA investments, another $10 million is typically leveraged in 

private sector funds. EDA is also essential to small cities and rural 

areas. Nearly 85 percent of the nation’s units of local government 

serve populations below 5,000 and almost 30 percent have no professional staff. As a result, smaller communities rely heavily on 

EDA-funded staff for professional and technical support. 

The root of this bill’s problems is this year’s irresponsible and 

woefully inadequate budget resolution and the resolution did not 

happen by accident. Ironically, some of the same Members of Congress who voted for this budget resolution are now asking that we, 

as appropriators, help to increase funding for specific programs or 

activities. Either these Members possess a complete lack of understanding of the budget process or they are hypocritically asking 

this Committee to repair the damage that they themselves caused. 

It is absurd that Members register surprise that certain programs 

are reduced even when the budget resolution mandated those cuts. 

The overall lack of funds to address national needs is the direct 

result of a Republican Budget Resolution for 2006 that provides 

$11.7 billion less than the amount necessary just to maintain current service levels for domestic programs. As Majority Leader Tom 

Delay pointed out last month during debate on the Conference Report on the Budget Resolution, ‘‘This is the budget that the American people voted for when they returned a Republican House, a 

Republican Senate and a Republican White House last November.’’ 

This may not be the budget the American people voted for, but 

it is the budget the American people will receive under the current 

leadership in the White House and in the Congress. 

DAVID OBEY. 

(196) 

ADDITIONAL VIEWS OF HON. ALAN B. MOLLOHAN 

The appropriations bill for the Science, State, Justice, Commerce 

and Related Agencies reported by the Committee reflects a sincere 

effort by a capable subcommittee Chairman to put together a good 

bill in the face of some large reductions and legislative proposals 

in the President’s request. The Subcommittee Chairman consulted 

with the minority throughout this process and the bill reflects our 

views and recommendations in many areas. 

While this is a good bill and the Chairman engaged in a fair and 

open process, I am concerned about the effects of reduced resources 

over the past several years on our states and our local communities. The Chairman has restored about a billion dollars over the 

President’s cuts to state and local law enforcement, but the bill is 

still about $400 million below last year’s level. The Chairman has 

also restored $200 million to the Economic Development Administration’s grant program, which was eliminated in the President’s 

2006 proposal. However, that number is a little more than twothirds the level that it was last year. 

Several smaller programs that are of importance to Members and 

their communities were not funded including the Public Telecommunications Facilities and Planning account and the Advanced 

Technology Partnership program. 

There are many positive aspects to this bill. The FBI received 

$50 million above the—President’s request, including funding for 

drug agents that the President proposed to transfer into Organized 

Crime Drug Enforcement Task Force. The Drug Enforcement Administration and the Marshals Service are both funded above the 

President’s request and the bill rejects the President’s proposals to 

impose a new tax on the explosives industry by the imposition of 

various fees, and to transfer responsibility and reduce funding for 

the High Intensity Drug Trafficking Area (HIDTA) Program. 

I am pleased that this bill rejects the Administration’s ‘‘Strengthening America’s Communities’’ initiative proposed to be established 

in the Department of Commerce. The Chairman has restored the 

Manufacturing Extension Partnership program to $106 million, almost $60 million above the President’s request. An increase of $200 

million above last year’s House bill was provided for the National 

Oceanic and Atmospheric Administration, but NOAA is still $150 

million below the President’s 2006 request. The bill retains $15 million in the Steel Loan Guarantee program, despite the President’s request to rescind all funding. This 

program has been an important aid to the domestic steel industry 

and I will continue to argue for even more funding in conference. 

I am concerned that NASA is moving forward with fundamental 

changes to the mission, capital, and organization without the benefit of an authorization and a robust hearing process that such an 

authorization would entail. I am concerned about the general lack 

197 

of information provided by NASA and presented in the fiscal year 

2006 justification. Some of the yet to be answered questions include: the number of shuttle flights remaining, the final configurations of the International Space Station, the type of research to be 

conducted on the space station, what type of propulsion technologies and what types of activities will take place when we return to the Moon. Other ill-defined activities surround the MoonMars proposal, including the specifics of the Crew Exploration Vehicle. 

One priority in the science field that has been threatened during 

implementation of the Moon-Mars proposal is the Hubble Servicing 

Mission. Like many others in Congress, in the public, and in the 

science community, I am encouraged that Administrator Griffin intends to reassess a Hubble servicing mission. Hubble has been one 

of the world’s premier scientific instruments for more than a decade, and a servicing mission can dramatically enhance and extend 

this valuable asset. 

While I am glad to see that the Chairman restored some of the 

monies for the science and aeronautics programs at NASA, I am 

concerned that crucial science and aeronautics programs are being 

reduced, deferred, and ultimately will wither. The science account, 

including programs such as solar system exploration, universe exploration, and the earth-sun system would receive less than a one 

percent increase under this budget proposal yet most of the recent 

successes have come from these programs. 

The Chairman did restore many of the cuts proposed by the 

President in the 2006 budget for the National Science Foundation, 

yet we are far behind the numbers advocated by the science community and the so-called ‘‘doubling bill’’ passed by the authorizing 

committee several years ago. 

For the State Department, I am pleased that the bill provides 

$410 million for educational and cultural exchanges, an increase of 

$54.5 million, and increases funding for public diplomacy programs 

to $340 million. Worldwide security activities for the State Department and embassy security upgrades are fully funded. The bill 

fully funds international peacekeeping efforts but requires that appropriate procedures are in place to sanction misconduct before any 

new peacekeeping operations are undertaken. 

Within the Small Business Administration, I was pleased to see 

that the Chairman chose to restore funding for the microloan program which had been zeroed out in the President’s budget, although the bill’s proposed funding level of $10 million only partially restores this program. 

I support the bill and applaud the subcommittee Chairman 

whose strong values and vision are so well reflected in this measure. 

ALAN B. MOLLOHAN. 

Æ