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[Senate Report 108-344]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 698
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-344

======================================================================

 
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                   AGENCIES APPROPRIATION BILL, 2005

                                _______
                                

               September 15, 2004.--Ordered to be printed

                                _______
                                

           Mr. Gregg, from the Committee on Appropriations, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2809]

    The Committee on Appropriations reports the bill (S. 2809) 
making appropriations for the Departments of Commerce, Justice, 
and State, the judiciary, and related agencies for the fiscal 
year ending September 30, 2005, and for other purposes, reports 
favorably thereon and recommends that the bill do pass.

Amount in new budget (obligational) authority

Total bill as reported to Senate........................ $43,467,214,000
Amount of appropriations, 2004..........................  41,423,940,000
Amount of budget estimates, 2005, as amended............  43,194,495,000
The bill as reported to the Senate:
    Above the appropriations for 2004...................   2,043,274,000
    Above the estimates for 2005........................     272,719,000

                            C O N T E N T S

                              ----------                              
                                                                   Page
Background:
    Purpose of the Bill..........................................     3
    Summary of the Bill..........................................     3
Budgetary Impact of the Bill.....................................    13
Title I--Department of Justice and Related Agency................    14
Title II--Department of Commerce and Related Agencies............    69
Title III--The Judiciary.........................................   121
Title IV--Department of State and Related Agency.................   129
Title V--Related Agencies:
    Commission for the Preservation of America's Heritage Abroad.   170
    Commission on Civil Rights...................................   170
    Commission on Security and Cooperation in Europe.............   170
    Congressional-Executive Commission on the People's Republic 
      of China...................................................   171
    Equal Employment Opportunity Commission......................   171
    Federal Communications Commission............................   171
    Federal Trade Commission.....................................   172
    Legal Services Corporation...................................   174
    Marine Mammal Commission.....................................   174
    National Veterans' Business Development Corporation..........   174
    Securities and Exchange Commission...........................   175
    Small Business Administration................................   176
    State Justice Institute......................................   179
    United States-China Economic and Security Review Commission..   179
    United States Senate-China Interparliamentary Group..........   180
Title VI--General Provisions.....................................   181
Title VII--Patent and Trademark Fees.............................   184
Title VIII--Koby Mandell Act of 2003.............................   184
Title IX--Anabolic Steroid Control Act of 2004...................   184
Compliance With Paragraph 7, Rule XVI of the Standing Rules of 
  the Sen- 
  ate............................................................   185
Compliance With Paragraph 7(c) Rule XXVI of the Standing Rules of 
  the Senate.....................................................   185
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of 
  the Senate.....................................................   186

                          Purpose of the Bill

    This bill makes appropriations for the Departments of 
Commerce, Justice, and State, the Judiciary and Related 
Agencies for the fiscal year 2005.
    The Commerce, Justice, and State, the Judiciary and Related 
Agencies appropriations bill is the principal source of 
financial resources to support three Cabinet Departments, the 
Federal Judiciary including the Supreme Court, and a number of 
independent agencies and commissions including the Office of 
the U.S. Trade Representative, the Securities and Exchange 
Commission, the Small Business Administration and the Federal 
Communications Commission.
    This bill is a principal source of support for Federal 
programs to combat terrorism, including the intelligence, 
counterterrorism, and national security programs of the Federal 
Bureau of Investigation. The bill is the principal source of 
support for Federal law enforcement, the judicial system, and 
grant assistance to State and local law enforcement agencies 
throughout the United States. The Commerce, Justice, and State, 
the Judiciary and Related Agencies appropriations bill supports 
the Department of Commerce and the Nation's lead civilian ocean 
and atmosphere research, science, and service agency, the 
National Oceanic and Atmospheric Administration. The bill is 
the principal source of resources for international operations 
such as the staffing, operations, and maintenance and 
construction of U.S. diplomatic missions overseas, as well as 
assessed contributions for the United Nations and international 
organizations, and international peacekeeping. The bill 
supports a number of independent agencies and commissions, and 
has a key leadership role in supporting technology, innovation, 
and the stability of United States financial markets.
    The Commerce, Justice, and State, the Judiciary and Related 
Agencies bill is one of the most diverse of the 13 
appropriations bills that provide for the discretionary funding 
of the Federal Government. It is a bill that provides for pay 
of personnel, operation and maintenance, grants and contracts, 
research and development, procurement, and construction. The 
bill provides almost all aspects of support for the 
organizations and programs under its jurisdiction.

                          Summary of the Bill

    The total amount of new budget authority recommended by the 
Committee for this bill in fiscal year 2005 is $40,494,815,000. 
The amount of discretionary budget authority as defined by the 
Budget Act is $39,792,000,000.
    The total amount of new budget authority represents an 
increase of $2,295,236,000 compared with fiscal year 2004 and 
an increase of $239,066,000 compared with the Budget Request.
    The Committee recommended bill is within the Committee's 
section 302(b) allocation for the Commerce, Justice, and State, 
the Judiciary and Related Agencies bill. The Committee has made 
difficult but necessary tradeoffs to fashion a bill that is 
within these limits.
    The following paragraphs highlight major themes in this 
bill:

                          COMBATING TERRORISM

    Combating terrorism has long been a centerpiece of the 
Commerce, Justice, and State, the Judiciary and Related 
Agencies bill, although the Committee's focus intensified in 
the wake of the Oklahoma City bombings in 1995. The Committee 
has established and/or supported a number of new initiatives 
within the Department of Justice [DOJ] and other agencies in 
this bill, many of which are commensurate with and preceded the 
recent recommendations included in the 9/11 Commission Report.
    Within DOJ, the Committee in 1998 directed the Department 
to establish an interagency plan for combating terrorism. The 
``Five Year Plan'', as it was referred to, served as a 
cornerstone of the Nation's strategy for combating terrorism. 
The Committee also established the Office for Domestic 
Preparedness [ODP], a ``one-stop-shop'' for first responders to 
obtain information and Federal assistance on preparing for and 
responding to terrorism. Within ODP, the Committee created two 
specific programs: (1) the National Domestic Preparedness 
Consortium, which featured 5 first responder training centers, 
each specializing in a different type of threat scenario, and 
(2) a permanent national terrorism exercise program (called 
TOPOFF to signify the participation of top officials). The 
TOPOFF exercise series has been an overwhelming success, and 
TOPOFF III is scheduled to take place in April 2005. From the 
time it was established until 2001, ODP grew from a $5,000,000 
grant program to a $250,000,000 grant program for first 
responders.
    Also in 1998, the Committee attempted to strengthen the 
Federal Bureau of Investigation [FBI] by improving aspects of 
the FBI's hiring system to attract experienced professionals 
for certain highly-competitive specialty positions. 
Specifically, the Committee provided the FBI Director with the 
authority to design and implement over a 3-year period a new 
system of pay, classification, and personnel management for 
non-Special Agent intelligence, scientific, technical, 
engineering and medical positions. At that time, however, the 
FBI did not act on the new authority and it lapsed at the end 
of the 3-year period. The 9/11 Commission Report recommends 
similar enhancements to the FBI's recruiting, hiring, and 
selection of agents and analysts with skills in intelligence, 
international relations, language, and technology and 
highlights the need to improve the training and career 
opportunities for intelligence analysts and officers.
    In May 2001, the Committee organized a series of hearings 
on the Federal Government's ability to prevent, prepare for, 
and respond to terrorism. The goal of the hearings was to 
establish a baseline of information about the role each Federal 
agency played in combating terrorism. The most important 
finding of the hearings was that the United States did not have 
a single national leader charged with coordinating the efforts 
of all of the relevant Federal agencies. The second most 
important finding was that the United States did not have one 
comprehensive, dynamic national strategy outlining these 
agencies' responsibilities.
    The Committee's July 2001, report concluded that an 
effective, comprehensive national strategy required, first and 
foremost, a person with the knowledge and breadth of experience 
to develop the strategy and the authority and resources to 
implement it. To this end, the report recommended a new 
position within the highest levels of the Justice Department, a 
Deputy Attorney General for Combating Terrorism [DAG-CT]. This 
person would have been responsible for establishing the 
policies, objectives and priorities of the Federal Government 
with respect to combating terrorism. One advantage of creating 
a DAG-CT position was that it would not require any new 
infrastructure, but would instead draw upon the existing 
resources of an established agency. Startup time and cost, as 
compared to other proposals being discussed at the time, would 
have been greatly minimized.
    The concept of a DAG-CT was quickly overtaken by the events 
of September 11, the creation of the Office of Homeland 
Security at the White House, followed by the creation of the 
Department of Homeland Security. The Committee notes with 
interest that the 9/11 Commission Report recommends the 
creation of a similar position, the National Intelligence 
Director [NID], to oversee and coordinate intelligence and 
counterterrorism operational planning throughout the 
intelligence and law enforcement communities.
    Since the terrorist attacks of September 11, 2001, the 
Committee has aggressively worked to provide all of the 
agencies funded in this bill with the necessary resources to 
meet their intelligence, counterterrorism, and related 
missions. For fiscal year 2005, the Committee has taken the 
recommendations of the 9/11 Commission under advisement in 
supporting existing and new intelligence and counterterrorism 
initiatives, providing significant funding increases for such 
efforts.
    The Committee's efforts to protect the United States from 
terrorism begin, necessarily, overseas. The recommendation 
therefore provides increases for all terrorism and security 
functions under the Department of State account. The 
recommendation includes significant increases for the 
Department of State's public diplomacy programs. These programs 
fight terrorism at its roots by explaining United States policy 
decisions to foreign publics and by informing foreign publics 
about American culture and values. For the second year in a 
row, the recommendation has included appropriated funds for the 
hiring of consular officers above attrition. Consular officers 
face the monumental task of preventing terrorists from entering 
the United States, while at the same time permitting those who 
seek to come to the United States for business, study, tourism, 
or cultural exchange to enter with a minimum amount of hassle. 
Finally, the recommendation includes funds for the Department 
of State to continue its participation in the international 
component of the TOPOFF III terrorism exercise.
    Those efforts continue, both overseas and domestically, 
within DOJ. The Committee provides funding increases for all 
intelligence and counterterrorism-related efforts within DOJ, 
which focus on the prevention, investigation, and prosecution 
of acts of terrorism. Additional funding includes $503,468,000 
for the FBI's intelligence, counterterrorism, and supporting 
programs; $100,000,000 for State and local interoperable 
communications systems; $11,000,000 for State and local anti-
terrorism training; $6,594,000 to process Foreign Intelligence 
Surveillance Act applications; and $7,200,000 for 
counterterrorism prosecutions.
    The Committee has increased overall funding for the FBI by 
52 percent since fiscal year 2000. These funding increases have 
enabled the FBI's Counterterrorism Program to grow by 99 
percent in total personnel, with a 101 percent increase in 
total funding since the terrorist attacks on September 11, 
2001. Even with these funding increases and the transfer of 480 
Special Agents to the Counterterrorism Division [CTD], the 
counterterrorism workload continues to exceed the CTD permanent 
workforce. Last year, the Committee directed the FBI to 
permanently transfer additional personnel to CTD to address 
this workload and eliminate the FBI's practice of temporarily 
assigning personnel to handle the FBI's top priority mission. 
This direction, however, was challenged and ultimately not 
successful.
    The Committee remains concerned that CTD does not have the 
permanent workforce necessary to ensure all terrorism leads are 
thoroughly investigated. The resistance to shift resources to 
counterterrorism is not new. The 9/11 Commission Report found 
that even though the FBI recognized terrorism as a major 
threat, and designated ``national and economic security'' as 
the FBI's top priority in 1998, the FBI did not shift resources 
accordingly. The Committee does not want the FBI to make the 
same mistake again. Accordingly, the Committee again directs 
the FBI to permanently transfer the necessary personnel to CTD 
to meet its counterterrorism workload.
    The Committee has supported the significant and fundamental 
changes made within the FBI since September 11, 2001, but 
remains concerned over the FBI's ability to institutionally 
shift its focus to counterterrorism. The 9/11 Commission Report 
similarly states, ``[d]espite having found acceptance of the 
Director's clear message that counterterrorism is now the FBI's 
top priority, 2 years after 9/11 we also found gaps between 
some of the announced reforms and the reality in the field. We 
are concerned that management in the field offices still can 
allocate people and resources to local concerns that diverge 
from the national security mission. This system could revert to 
a focus on lower-priority criminal justice cases over national 
security requirements.''. The Committee directs the FBI to 
submit a plan to the Committees on Appropriations, not later 
than March 20, 2005, that ensures the FBI's national priorities 
match the priorities and operations in all of the FBI's field 
offices and resident agencies.
    The Committee has also supported the creation and funding 
of fusion centers to ensure the coordinated collection and 
dissemination of information, which is consistent with the 
recommendations proposed in the 9/11 Report. In particular, the 
Committee has supported the creation of the Terrorist Threat 
Integration Center [TTIC], which serves as the central hub for 
terrorist threat-related information, providing TTIC with over 
$171,000,000; the Terrorist Screening Center [TSC], which 
coordinates and consolidates terrorist watchlists from all 
Federal agencies, providing $20,600,000 since its creation; and 
the Foreign Terrorist Tracking Task Force [FTTTF], which denies 
terrorists entry into the United States, as well as locates, 
detains, prosecutes, or deports terrorists that have already 
entered the country, providing $60,300,000 since its creation.
    Last year, and again this year, the Committee breaks out 
funding from the FBI's salaries and expenses account for these 
fusion centers. The Committee's vision to fund and establish a 
separate account for TTIC, FTTTF, and TSC supports the 9/11 
Commission recommendations to centralize the collection, 
analysis, and dissemination of information.

                     PROTECTING AMERICA'S CHILDREN

    The Commerce, Justice, and State, the Judiciary and Related 
Agencies appropriations bill is a natural home to programs that 
enable the Nation to build a safety net for our children. 
Programs that address problems such as Internet safety, child 
abduction, and child pornography have been critical in 
protecting children from some of the most malevolent predators. 
Training and education of law enforcement officers in child 
safety issues has led to better coordination of services to the 
most vulnerable children. Ensuring the future of our children 
begins with creating an environment in which children can 
thrive in educational and social settings. The Safe School 
Initiative and School Resource Officers have enhanced the 
physical security of schools through the promotion of positive 
relationships between law enforcement and youths. This, coupled 
with anti-drug initiatives, gang reduction programs, and after 
school programs, has cast the safety net even wider, resulting 
in greater opportunities for America's at-risk youth. The 
threat to American children does not end at U.S. borders, 
however, and the Committee has taken steps during the past 3 
years to provide for safety enhancements of international 
schools attended by American children. In addition, the 
Committee has supported efforts by Federal agencies to prevent 
international child abductions. In one instance, the Committee 
mandated a change in Department of State passport issuance 
policies which has already proven an effective tool in 
preventing international child abductions.

                      INVESTING IN INFRASTRUCTURE

    The Committee recommended bill provides over $7,000,000,000 
for infrastructure investments. Included are investments in 
construction of embassies and laboratories, the acquisition of 
ships, aircraft, and satellites for environmental monitoring, 
the development and procurement of equipment and technology 
(including computers and information technologies) for use by 
the agencies under the jurisdiction of the Commerce, Justice, 
and State, the Judiciary and Related Agencies Subcommittee. In 
a number of cases, the bill provides funding for partnerships 
with universities, cooperative agreement partners, and States 
to provide infrastructure support. For example, State law 
enforcement agencies across the Nation receive support for 
forensic laboratory and communications technology through the 
recommended appropriations in Title I of this bill.
    Far too often infrastructure requirements are not given 
sufficient priority in the budgets submitted by agencies to 
Congress. Often, agencies' plant and equipment needs are 
requested at levels far lower than what is required to ensure 
their upkeep through a reasonable replacement schedule. The 
Committee has in a number of areas increased funding for 
maintenance and repair. The Committee has necessarily added 
construction of facilities in a number of mission agencies, 
such as the National Oceanic and Atmospheric Administration, 
since the current primary method of Federal building investment 
through the General Services Administration appears to largely 
ignore the needs of fisheries and research laboratories across 
the Nation.
    Infrastructure appropriations are long-term investments in 
the agencies funded within this bill. Unfortunately, budgetary 
constraints often require these investments to be made on an 
incremental basis rather than adhering to full funding, thus 
requiring several years to ``bank'' funds to proceed with a 
construction project or to construct a research vessel. This 
procedure often leads to the accumulation of unobligated 
balances until a project's full cost is financed.
    Infrastructure investments are intrinsically linked to 
productivity and marshalling talent of the Federal workforce. 
The programs provided for in the Committee recommendation are 
intended to improve the ability of Federal employees--from 
researchers to law enforcement agents--to do their jobs more 
effectively. The investment in supercomputing for weather 
services, for example, has significantly improved the accuracy 
of forecasts. Supercomputers, new modeling techniques, and 
better data assimilation techniques to take advantage of these 
models, are making exponential gains not only in weather 
applications, but also in climate and ocean forecasting. It is 
also leveraging the investment made in observational systems 
whether satellites, radars, or ocean sensors.
    Investing in infrastructure is investing in the future. The 
significant investments made by the Committee ensure that 
agencies and programs in this bill are able to perform their 
service to the American people for years to come. For example, 
investments in earth remote sensing satellites mean that these 
satellites will be available to provide atmospheric and oceanic 
data, climatic data, and search and rescue services for the 
American people and international community at least 5 years 
into the future.
    The Committee's infrastructure investments provide for 
improving the safety of State Department and other United 
States employees overseas. The recommendation includes 
$816,000,000 for new construction of 14 diplomatic posts 
overseas. The bill also supports the administration's effort to 
eliminate the backlog of security improvements and new 
construction requirements for the 187 most vulnerable overseas 
posts within the next 14 years instead of 26 years. The 
Committee strongly endorses the administration's capital cost 
sharing policy that promotes ``right-sizing'' of agency 
presence overseas and provides that agencies, including the 
State Department, contribute their fair share toward the cost 
of occupying United States diplomatic facilities overseas. Cost 
sharing will put an end to the practice of treating overseas 
secure buildings as a ``free good.'' The Committee notes that, 
domestically, Federal agencies are expected to pay rent for 
square footage occupied.
    The Committee notes that improvements can be made not only 
in the budgeting for Federal infrastructure, but also in 
program management and oversight to ensure that these 
investments are developed and delivered at cost, on budget, and 
on schedule. Basic systems acquisition management can be 
improved. This is especially true with respect to information 
technology systems. Improvements have been made government-wide 
through the creation of Department and Agency Chief Information 
Officer [CIO] organizations pursuant to the Klinger-Cohen Act. 
Nevertheless, there are far too many examples of agencies that 
do not set requirements and lock in specifications before 
contracting to build a system, and find themselves having spent 
significant financial resources in return for information 
systems that simply do not meet functional needs. The Federal 
Bureau of Investigation [FBI] has had a particularly poor track 
record of developing information technology that meets cost, 
schedule, and performance. The Triology/Virtual Case File 
system, under a cost-plus contract, continues to be plagued by 
cost overruns and an inability to meet the Bureau's 
requirements. The Committee is pleased that the Director of the 
FBI and FBI's CIO have made fixing this system and its program 
management a priority. To assist the FBI in the furtherance of 
its goals and ensure that the taxpayers are not asked to 
provide unlimited resources, the Committee bill includes a 
multi-year cost cap of $600,000,000 for the Triology system. 
The Department of State, conversely, has achieved a 
particularly impressive track record, having built state of the 
art, global sensitive but unclassified [SBU] and classified 
networks from the ground up. The National Oceanic and 
Atmospheric Administration [NOAA], which 8 years ago 
encountered great difficulty developing new weather information 
technology systems, turned the corner and has done an 
outstanding job developing and acquiring these forecasting 
tools and advanced supercomputers on cost and schedule.

               PROTECTING AMERICAN INTELLECTUAL PROPERTY

    The protection of American intellectual property is 
essential to United States economic growth. It is estimated 
that 50 percent of United States exports now depend on some 
form of intellectual property protection, compared to less then 
10 percent 50 years ago. United States companies lose an 
estimated $200,000,000,000 to $250,000,000,000 to 
counterfeiting and piracy each year. Companies' ability to 
profit from their intellectual property is critical to their 
growth and, in turn, the health of the United States economy. 
There is widespread concern--and the Committee agrees--that not 
enough is being done to combat the counterfeiting and piracy of 
American intellectual property.
    This bill takes steps to significantly augment two 
agencies' capabilities for addressing the challenges associated 
with protecting American intellectual property overseas. First, 
it provides a separate appropriation--for the first time ever--
for the National Intellectual Property Law Enforcement 
Coordination Council [NIPLECC]. The NIPLECC is an interagency 
body created in 1999 that is tasked with coordinating domestic 
and international intellectual property law enforcement. 
Funding for NIPLECC, as well as legislation clarifying its 
mission and authorities, is included under Title II of this 
Act. The Committee also recommends language tasking NIPLECC 
with developing a strategy for protecting United States 
intellectual property overseas, and coordinating the 
implementation of this strategy by other Federal agencies. The 
establishment of NIPLECC as a force for intellectual property 
protection is an unprecedented and necessary step towards 
better coordination of this Nation's efforts to protect its 
intellectual property.
    In addition to this new initiative, the bill provides 
funding for the United States Patent and Trademark Office to 
increase efforts to protect American intellectual property 
overseas. It also creates and funds the position of Chief 
Negotiator for Intellectual Property Enforcement within the 
Office of the United States Trade Representative and the Office 
of International Intellectual Property Enforcement within the 
Department of State. The creation of these two new offices will 
raise the stature of this problem within these two Federal 
agencies and will lay the foundation for these agencies to 
augment their monitoring and enforcement efforts in the coming 
years.
    All of the intellectual property initiatives discussed 
above are described in greater detail in the relevant headings 
of this statement.

                      OCEAN COMMISSION INITIATIVE

    The Committee has consistently supported oceanic and 
atmospheric programs each year. The oceans and atmosphere 
affect almost all aspects of life on earth. The oceans retain 
and transport heat and they drive climate and weather. The 
oceans provide the United States with transportation corridors 
upon which most trade occurs. The oceans provide us with food, 
pharmaceuticals, minerals and food. The oceans are a major 
resource for recreation and tourism, and improve quality of 
life.
    Yet, our Nation maintains only a sparse observational 
network to measure changes in the ocean vis-a-vis that which it 
maintains in the atmosphere. Our coastal observational network 
remains inadequate. We are only beginning to fully model and 
understand the impact of the oceans on driving seasonal and 
long-term climate changes. Fisherman and other ocean industries 
often complain about the inaccuracy of marine weather and wave 
forecasts. While our Nation plans for interplanetary missions 
of discovery in space, much remains to be discovered here on 
our own planet. As much as 95 percent of the ocean floor 
remains unexplored, and with each ocean exploration mission, 
new geographic features and life forms are being discovered for 
the first time. United States' laws require the prudent 
management and conservation of fishery stocks and protection of 
special animals, like marine mammals and sea turtles; yet much 
needs to be learned about these animals and their population 
stocks.
    It is imperative, even in a time of tight budgets, to 
invest in programs that research, monitor, and preserve our 
oceans and their resources. Investments in the oceans expand 
our knowledge and help improve environmental education for our 
Nation's youth. They are investments in our Nation's future.
    The Committee commends the work of the recent U.S. 
Commission on Ocean Policy and notes that the Commission 
reinforced the National Oceanic and Atmospheric 
Administration's [NOAA] role as the lead Federal civilian 
agency for the oceans.
    The Committee recommendation includes a new initiative 
within NOAA that addresses a number of policy and program 
changes recommended by the United States Commission on Ocean 
Policy, which released its draft report in April 2004. In total 
the Committee has provided over $454,000,000 for this 
initiative, an increase of $205,874,000 above the fiscal year 
2004 funding level and $239,075,000 above the budget request. 
Included are increased resources to support the following 
programs that were highlighted by the Commission: (1) an 
integrated coastal and ocean observing system; (2) the Ocean 
Health Initiative; (3) the National Sea Grant program; (4) a 
NOAA K-12 education initiative and the Minority Serving 
Institution program; (5) ocean exploration and undersea 
research; (6) marine debris; (7) international fisheries treaty 
negotiation and compliance; (8) a marine mammal initiative; (9) 
satellite oceanography and transition of NASA remote sensing 
research and development into NOAA operational satellites; (10) 
shiptime (days at sea) and vessel maintenance/safety 
improvements; and (11) construction of new NOAA vessels, 
equipment and technology to support research, hydrography and 
fisheries surveys.

            REPROGRAMMINGS, REORGANIZATIONS, AND RELOCATIONS

    Section 605 of this Act provides procedures for the 
reprogramming of funds. To reprogram is to change the use of 
funds from the specific purposes provided for in the Act and 
the accompanying statement. Each title of the bill also has 
traditionally included separate provisions that define 
permissible transfers of resources between appropriation 
accounts. These transfer authority provisions are also pursuant 
to section 605, and were initiated in the early 1990's to 
provide additional flexibility to the agencies supported by the 
Commerce, Justice and State, the Judiciary and Related Agencies 
bill.
    Section 605 provides that the chairmen of the Committees on 
Appropriations be notified by letter at least 15 days prior to 
the reprogramming of funds in excess of a dollar threshold or 
10 percent of the overall funding level for a program, 
whichever is less, between programs and activities. This 
provision also restates a number of other instances where 
proposed agency actions require the submission of a 
reprogramming, including providing funds or personnel for any 
project that has been denied or restricted, reorganizations, 
contracting, etc. To account for inflation over a number of 
years, for fiscal year 2005 the Committee recommends increasing 
this threshold from $500,000 to $1,000,000.
    The reprogramming process is based on comity between the 
Appropriations Committee, the executive branch, as well as with 
the judicial branch. The Commerce, Justice, and State, the 
Judiciary and Related Agencies appropriations bill provides 
specific program guidance through the explanatory statement and 
tables accompanying the bill. The process is intended to 
provide some flexibility to meet changing circumstances and 
emergency requirements, if there is agreement between the 
executive or judicial branch and the legislative branch that 
such a change is warranted. Reprogramming procedures provide a 
means for the affected branches to agree on adjustments, if 
necessary, during a fiscal year, or to ensure that the 
Committees are kept apprised in instances where non-
appropriated resources are used to meet program requirements, 
such as fee collections and unobligated balances that were not 
considered in the development of the appropriations 
legislation.
    In the absence of comity and respect for the prerogatives 
of the Appropriations Committees and Congress in general, the 
Committee has no choice but to put specific program limitations 
and detail in legislation. Under these circumstances, programs, 
projects, and activities become absolutes and the executive and 
judicial branches lose the ability to propose changes in the 
use of appropriations through the reprogramming process between 
programs, projects, and activities without seeking legislative 
action.
    The reprogramming process, in general, works well and 
ensures that the public's interests are protected. The 
Committee is concerned, however, the executive branch often 
establishes a cumbersome, bureaucratic process resulting in 
significant delays before reprogramming proposals are 
transmitted to Congress. The executive branch should set cycle 
times for ensuring the rapid consideration and transmittal of 
reprogramming proposals. For example, with Department of 
Commerce bureaus, it can take over 6 months from when a bureau 
proposes a reprogramming action and when approval is received 
from the Office of Management and Budget [OMB] and notification 
is transmitted to Congress. This bureaucratic delay has led to 
unacceptable situations where agencies already have obligated 
funds before Congress has been consulted. Such ``after the 
fact'' reprogrammings will not be tolerated: they undercut the 
basic premise upon which appropriations law is founded.
    Unfortunately, the Committee is aware that the Department 
of State and the Bureau of Prisons within the Department of 
Justice have not complied with reprogramming procedures and 
have proceeded with reprogrammings without securing the 
Committee's agreement. Therefore, the Committee recommended 
bill eliminates a number of flexibilities and authorities 
afforded those agencies in past years, including transfer 
authority. The Committee regrets the necessity of this action. 
However, in the absence of comity, the Committee is required to 
take additional actions to ensure that funds are only spent for 
the purposes appropriated.

                NON-CAREER PERSONNEL REDUCTIONS-IN-FORCE

    The Committee directs each department, commission, or 
agency to provide their current number of political appointees 
and the number as of October 1, 2004. These amounts should be 
broken out by pay level. This report should be provided to the 
Committees on Appropriations no later than December 1, 2004. 
Also, the Committee shall be notified when the number of 
political appointees rises above 10 percent from either of the 
previous 2 years or when five or more political appointees are 
added in a given year. The Committee should be notified 30 days 
before either of these situations occurs. Similar notification 
should be provided when the same number of personnel positions 
is converted from political appointments to civil service 
positions.
    In addition, the Committee directs departments or agencies 
funded in the accompanying bill that are planning to conduct a 
reduction in force [RIF] to notify the Committee by letter 30 
days in advance of the date of the proposed personnel action. 
Also, the Committee directs that any items which are subject to 
interpretation will be reported.
    Appropriations Liaison.--The Committee again prefers to 
channel most of its inquiries and requests for information and 
assistance through the budget offices or comptroller 
organizations, but reserves the right to call upon any 
individual or organization in any agency under its 
jurisdiction. The Committee continues to stress the natural 
affinity between agency financial management organizations and 
the Appropriations Committee, which makes a close working 
relationship imperative.

                                            BUDGETARY IMPACT OF BILL
  PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
                                                     AMENDED
                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                  Budget authority               Outlays
                                                             ---------------------------------------------------
                                                               Committee    Amount of    Committee    Amount of
                                                               allocation      bill      allocation      bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
 to its subcommittees of amounts in the Budget Resolution
 for 2005: Subcommittee on Commerce, Justice, and State, the
 Judiciary, and Related Agencies:
    Discretionary...........................................       39,792       39,792       40,440   \1\ 40,119
    Mandatory...............................................          704          704          705      \1\ 705
Projection of outlays associated with the recommendation:
    2005....................................................  ...........  ...........  ...........   \2\ 28,940
    2006....................................................  ...........  ...........  ...........        7,326
    2007....................................................  ...........  ...........  ...........        2,534
    2008....................................................  ...........  ...........  ...........        1,537
    2009 and future years...................................  ...........  ...........  ...........          917
Financial assistance to State and local governments for                NA        3,430           NA        3,127
 2005.......................................................
----------------------------------------------------------------------------------------------------------------
\1\ Includes outlays from prior-year budget authority.
\2\ Excludes outlays from prior-year budget authority.

NA: Not applicable.

                     TITLE I--DEPARTMENT OF JUSTICE

    The Committee recommends a total of $20,389,055,000 for the 
Department of Justice [DOJ]. The recommendation is $618,465,000 
above the fiscal year 2004 funding level and $444,316,000 above 
the budget request. The Committee has made funding for 
combating and prosecuting terrorism, as well as critical 
information technology and infrastructure investments, the 
centerpiece of the fiscal year 2005 appropriations bill.
    Throughout this title, the Committee recommends funding for 
mandatory personnel expenses, including the 1.5 percent pay 
raise, annualization of the fiscal year 2004 pay raises and 
increases, annualization of the fiscal year 2003 increases and 
positions, including the fiscal year 2003 wartime supplemental, 
Federal Health Insurance Premiums, as well as the proposed 
decreases to the adjustments to base, funding for the Capital 
Security Cost Sharing Program, and proposed offsets, unless 
otherwise provided below.
    Budget Restructuring Proposals.--The Committee remains 
concerned with the Department's repeated proposal to 
consolidate existing decision units. All accounts within the 
DOJ, therefore, shall continue to use their fiscal year 2004 
decision units and account structures, unless otherwise 
specified in the following recommendation.
    Department Coordination.--The Committee continues to 
believe the DOJ must clearly define the roles of its law 
enforcement agencies to ensure they are not duplicating 
efforts, particularly in the areas of drugs, explosives, guns, 
gangs, and fugitive apprehension.
    Last year, the conferees expressed particular concern over 
the duplication of fugitive apprehension efforts and directed 
the DOJ to submit a comprehensive report to the Committees on 
Appropriations describing all fugitive apprehension activities 
and identifying opportunities to consolidate those activities 
under the one agency that is best trained and equipped for 
fugitive apprehension. The Committee has yet to receive this 
report. As a result of Public Law 106-544, the Committee is 
aware that DOJ has directed the United States Marshals Service 
[USMS] to serve as the lead agency for the establishment and 
operation of all task forces focused on the apprehension of 
Federal, State, and local fugitives. Because of the USMS' 
statutory authority to apprehend Federal, State, and local 
violent fugitives, the process for the Unlawful Flight statutes 
is generally unnecessary in accomplishing this mission. The 
Committee therefore directs the Attorney General to transfer 
jurisdiction of fugitive cases that fall under Unlawful Flight 
statutes to the USMS during this fiscal year, and directs that 
the USMS be the only Federal law enforcement agency within DOJ 
to establish or operate task forces whose purpose includes 
fugitive apprehension, although other Federal law enforcement 
agencies are encouraged to participate where their staffing 
resources are adequate to do so.
    Allocation of Attorneys.--The Committee is concerned about 
a Department proposal to transfer attorney positions from the 
litigating divisions to the U.S. Attorneys offices. The 
Committee notes that the number of Assistant U.S. Attorneys has 
significantly increased over the last decade and it is unclear 
to the Committee that there is an immediate need for additional 
attorneys within those offices. In addition, to address the 
wide disparity in caseload between those offices, the Committee 
has already given the Executive Office of the U.S. Attorneys 
[EOUSA] significant flexibility to address its resource 
allocation process. In fiscal year 2002, the Committee waived 
all previous congressional guidance to the U.S. Attorneys, 
giving EOUSA the authority to distribute manpower and funding 
among the district offices for the purposes, and to the places, 
it felt best served the interests of the American people.
    The Committee is also concerned that the Department did not 
make this request in the context of the President's fiscal year 
2005 budget submission, and that this proposal is inconsistent 
with that submission. In particular, the Committee is 
disappointed that the Department did not earlier notify the 
Committee of excess or unnecessary attorney positions that the 
Department is now identifying within the litigation divisions.
    Accordingly, the Committee directs the Attorney General to 
submit to the Committees on Appropriations a detailed study 
that includes: the current workload, as shown by case hours and 
number of cases per attorney in each district office and in the 
legal divisions; the number of attorney full time equivalents 
allocated to each district office and the litigating divisions 
each year from fiscal year 2001 through fiscal year 2005; the 
criteria the Department would employ to allocate additional 
attorney slots; the criteria used by the Department to 
determine which attorney positions are excess or unnecessary to 
the mission of the litigating divisions; the specific role each 
additional attorney slot would play in the district; and a 
crosswalk showing the proposed allocation of the attorney slots 
from each legal division to each district.

                         General Administration

                         SALARIES AND EXPENSES

Appropriations, 2004....................................    $105,564,000
Budget estimate, 2005...................................     186,551,000
Committee recommendation................................     141,466,000

    The Committee recommends an appropriation of $141,466,000. 
The recommendation is $35,902,000 above the fiscal year 2004 
funding level and $45,085,000 below the budget request.
    This account funds the development of policy objectives and 
the overall management of the Department of Justice.
    Office of Intelligence Policy and Review.--The workload of 
the Office of Intelligence Policy and Review [OIPR] has 
increased significantly since the terrorist attacks on 
September 11, 2001, particularly in terms of the number of 
Foreign Intelligence Surveillance Act [FISA] applications the 
office processes. To ensure OIPR has the necessary resources to 
meet its growing FISA caseload and, at the same time, continue 
its vigorous oversight and compliance reviews of the Federal 
Bureau of Investigation's [FBI] foreign intelligence and 
counterintelligence investigations, the Committee 
recommendation includes an additional $6,594,000 for OIPR.
    Financial Management System.--The Committee is aware of the 
importance of developing a Department-wide financial system to 
make financial reporting and program performance more timely, 
accurate, and accessible. The Committee provides an additional 
$11,000,000 for a Unified Financial Management System, and will 
consider the use of additional existing resources for this 
project, subject to section 605 of this Act.
    Corporate Fraud.--The fiscal year 2004 Appropriations Act 
directed the Department of Justice to submit to the Committees 
on Appropriations a report providing the status of joint 
efforts to combat corporate corruption. Additionally, the FBI 
was directed to report to the Committees on Appropriations with 
information about the resources it would take to produce a 
corporate crime report similar to the FBI's Crime in the United 
States report. It has been brought to the Committee's attention 
that DOJ plans to consolidate these reports. However, no report 
has yet been transmitted to the Committees on Appropriations. 
The Department is directed to submit the consolidated report 
within 30 days of the enactment of this Act.
    Information Technology Enhancements.--The Committee has 
long supported information technology investments at the 
Department of Justice and was encouraged by the significant 
funding increases requested for the Office of the Chief 
Information Officer [CIO] this year. The Committee 
recommendation provides an additional $14,132,000 for the 
highest priority projects of the CIO, and will consider a 
reprogramming for additional funding for the CIO, subject to 
section 605 of this Act. The Committee directs the CIO to 
evaluate commercially-proven enterprise data warehousing and 
analytic systems and to provide a report to the Committee 
summarizing the findings on this technology's applicability to 
the counter-terrorism mission not later than March 31, 2005.
    Public Affairs.--Since September 11, 2001, there has been 
an increased level of public concern and attention to the 
issues handled by the Department of Justice. The Committee 
therefore provides an additional $100,000 for the Office of 
Public Affairs to enhance the Department's ability to respond 
to the public.

                     JOINT AUTOMATED BOOKING SYSTEM

Appropriations, 2004....................................     $18,974,000
Budget estimate, 2005...................................      20,309,000
Committee recommendation................................      20,185,000

    The Committee recommends an appropriation of $20,185,000. 
The recommendation is $1,211,000 above the fiscal year 2004 
funding level and $124,000 below the budget request.
    This account centrally funds development, acquisition, and 
deployment of the Joint Automated Booking System [JABS].
    JABS incentive funds are to be distributed to the component 
or components making the best progress in installing and 
operating the system.
    JABS automates the collection of fingerprint, photographic, 
and biographical data during the booking process and provides a 
mechanism to rapidly and positively identify an individual 
based on a fingerprint submission to the FBI's Integrated 
Automated Fingerprint Identification System. The JABS booking 
submissions also provide ``real-time'' updating of the FBI's 
criminal master files that are available to all Federal, State, 
and local law enforcement agencies.
    JABS has proven to be one of the most successful programs 
at the Department. The Committee provides an additional 
$1,200,000 for a core JABS upgrade to accommodate projected 
transaction volume increases related to the continued 
deployment of JABS.

    AUTOMATED BIOMETRIC IDENTIFICATION SYSTEM/INTEGRATED AUTOMATED 
                   FINGERPRINT IDENTIFICATION SYSTEM

Appropriations, 2004....................................      $5,046,000
Budget estimate, 2005...................................       5,054,000
Committee recommendation................................       5,054,000

    The Committee recommends an appropriation of $5,054,000 for 
the Automated Biometric Identification System/Integrated 
Automated Fingerprint Identification System [IDENT/IAFIS]. The 
recommendation is $8,000 above the fiscal year 2004 funding 
level and identical to the budget request.
    A Department of Justice Inspector General report entitled 
``IDENT/IAFIS: The Batres Case and the Status of the 
Integration Project'' issued in March, 2004, provides extensive 
and compelling details on the critical need to integrate 
existing biometric databases. The 9/11 Commission also 
recognized that protecting against and preparing for terrorist 
attacks required screening people with biometric identifiers 
across agencies and governments. The Department of Homeland 
Security [DHS] and the Department of State [DOS] are in the 
process of developing US VISIT, a new visa tracking system, and 
enrolling thousands of visitors to the United States into a new 
biometric database.
    Before DOS or DHS allow any foreign national entry into the 
country, or when DHS encounters an alien that has attempted an 
illegal entry, U.S. officials need to know for certain the 
individual's background and status, including whether there are 
outstanding warrants, convictions, or other evidence that would 
permit denying them entry. At the same time, in order for 
Federal, State and local law enforcement agencies to 
effectively fight crime, they need to be able to access 
fingerprint records of visitors and immigration law violators. 
That crucial information will be contained in 2 separate 
databases: DHS's IDENT, which contains 6 million fingerprint 
records of repeat immigration offenders and deported aliens and 
also includes DHS's US VISIT, which contains 2 million 
fingerprint records of visitors and will grow dramatically in 
the coming years; and FBI's IAFIS, which contains 46,500,000 
fingerprint records of terrorists, wanted individuals, and 
persons arrested/convicted of serious crimes.
    The Committee first directed DOJ to develop a plan to 
integrate IDENT and IAFIS so the systems could access each 
other's information 5 years ago. Since then, DOJ has developed 
stop-gap measures to provide DHS and DOS access to IAFIS's 
fingerprint records. Those measures, however, do not provide 
full interoperability of the systems, or real time information, 
and have yet to be fully deployed. Further, no measures have 
been taken to enable Federal, State and local law enforcement 
agencies to retrieve the proper level of information out of the 
IDENT/US VISIT database.
    The Committee directs DOJ and DOS, in coordination with 
DHS, to jointly submit to the Committees on Appropriations, not 
later than February 8, 2005, a plan that details the specific 
steps the Departments will take to achieve full 
interoperability between IDENT, US VISIT, and IAFIS. The plan 
should also identify the funding sources and amounts needed for 
interoperability, a timetable for its accomplishment, as well 
as the impact complete interoperability will have on the 
existing IAFIS system. The Committee also expects DOJ to 
implement the recommendations of Office of Inspector General's 
March report on IDENT/IAFIS, and continues to encourage the 
Department to work closely with DOS and DHS.

                   LEGAL ACTIVITIES OFFICE AUTOMATION

Appropriations, 2004....................................     $26,749,000
Budget estimate, 2005...................................      80,510,000
Committee recommendation................................      70,502,000

    The Committee recommends an appropriation of $70,502,000. 
The recommendation is $43,753,000 above the fiscal year 2004 
funding level, $10,008,000 below the budget request.
    This account centrally funds acquisition, deployment, and 
maintenance of Legal Activities Office Automation [LAOA] 
systems, the largest components of which are the Justice 
Consolidated Network [JCN] and the Justice Consolidated Office 
Network [JCON].
    LAOA is the computer modernization program for many of the 
Department's management, litigating, and law enforcement 
components, including the Antitrust Division, the U.S. 
Attorneys, the U.S. Marshals Service, the U.S. Trustees, the 
Executive Office for Immigration Review, the Community 
Relations Service, the offices funded through the ``General 
Administration'' and ``General Legal Activities'' accounts, the 
Bureau of Prisons, the Office of Justice Programs, and most 
recently, the U.S. Parole Commission. These components make up 
approximately 71,000 Department employees, all of whom will be 
end users of LAOA.
    The Committee has pushed hard in previous years to increase 
the funds for, and widen the scope of, JCN and JCON to maximize 
the benefits of a common computer system across components. 
This year, the Committee recommendation includes an additional 
$43,760,000 to build a funding base that is not dependent on 
outside or one-time funding sources. The Committee supports the 
use of existing resources should additional funding be 
necessary, subject to Section 605 of this Act.

                       NARROWBAND COMMUNICATIONS

Appropriations, 2004....................................    $102,085,000
Budget estimate, 2005...................................     101,971,000
Committee recommendation................................     68,021,000.

    The Committee recommends an appropriation of $68,021,000. 
The recommendation is $34,064,000 below the fiscal year 2004 
funding level and $33,950,000 below the budget request. The 
Committee is satisfied that there is sufficient carryover 
balances available in fiscal year 2005 for this account.
    This account centrally funds development, acquisition, 
deployment, and operation and maintenance of the Justice 
Department's narrowband wireless communications network. By 
law, all Justice components operating Land Mobile Radio systems 
in the VHF band must convert by January 1, 2005. Should 
additional funding be necessary to meet this deadline, the 
Committee will consider the use of existing resources, subject 
to section 605 of this Act.

                   ADMINISTRATIVE REVIEW AND APPEALS

Appropriations, 2004....................................    $191,494,000
Budget estimate, 2005...................................     202,518,000
Committee recommendation................................     205,411,000

    The Committee recommends an appropriation of $205,411,000. 
The recommendation is $13,917,000 above the fiscal year 2004 
funding level, $2,893,000 above the budget request, and 
includes funding for the annualization costs associated with 
filling immigration judge vacancies.
    The Executive Office for Immigration Review [EOIR] includes 
the Board of Immigration Appeals [BIA], immigration judges, and 
administrative law judges who decide through administrative 
hearings whether to admit or exclude aliens seeking to enter 
the country, and whether to deport or adjust the status of 
aliens whose status has been challenged. This account also 
funds the Office of the Pardon Attorney which receives, 
investigates, and considers petitions for all forms of 
executive clemency.
    Immigration enforcement initiatives within the Department 
of Homeland Security have significantly increased EOIR's 
caseload. In fiscal year 2005, EOIR is expecting an estimated 
30,000 additional new cases brought before the immigration 
courts, and an estimated 4,000 additional appeals filed before 
BIA. The Committee therefore includes an additional $1,690,000 
for EOIR to address this growing caseload.

                           DETENTION TRUSTEE

Appropriations, 2004....................................    $805,530,000
Budget estimate, 2005...................................     938,810,000
Committee recommendation................................     885,994,000

    The Committee recommends an appropriation of $885,994,000. 
The recommendation is $80,464,000 above the fiscal year 2004 
funding level, $52,816,000 below the budget request, and 
includes the jail day rate increase.
    The Detention Trustee oversees Federal detainees.
    The Committee is concerned about the Department of 
Justice's ability to anticipate the true funding needs for this 
account and directs the Detention Trustee to continue efforts 
to improve its current formulas. The Committee provides an 
additional $67,456,000 to address detention needs and will 
consider the use of existing resources should additional 
funding be required, subject to Section 605 of this Act.
    Efficiency.--The Committee reiterates its position that any 
construction, planning, supporting, or contracting of new 
detention facilities is not an allowable use of funds provided 
under this account and directs the Detention Trustee to 
withdraw any solicitations for such activities.

                    OFFICE ON VIOLENCE AGAINST WOMEN

Appropriations, 2004....................................    $383,551,000
Budget estimate, 2005...................................     362,477,000
Committee recommendation................................     410,000,000

    The Committee recommends an appropriation of $410,000,000. 
The recommendation is $26,449,000 above the fiscal year 2004 
funding level and $47,523,000 above the budget request.
    The Committee commends the Director of the Office of 
Violence Against Women for leveraging resources to assess and 
address the critical needs of domestic violence victims.
    Funding for these programs were previously appropriated 
under the Office of Justice Programs, State and Local Law 
Enforcement assistance account. Grants provided under this 
recommendation are for the following programs:

                   VIOLENCE AGAINST WOMEN ACT PROGRAMS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                          recommendation
------------------------------------------------------------------------
General formula grants.................................         175,705
National Institute of Justice..........................          [5,000]
OJJDP-Safe Start Program...............................         [10,000]
Transitional Housing Assistance........................         [10,000]
Grants to encourage arrest policies....................          64,503
Rural domestic violence................................          39,685
Legal Assistance Program...............................          39,740
Campus Violence Program................................           9,935
Elder Abuse, Neglect, and Exploitation.................           4,968
Safe Haven Program.....................................          14,903
Education and Training to Assist Disabled Female                  7,451
 Victims...............................................
Stalker Database Expansion.............................           2,981
Training programs......................................           4,957
Court appointed special advocates [CASA]...............          11,897
Training for judicial personnel........................           2,281
Grants for televised testimony.........................             994
Management and Administration..........................          30,000
                                                        ----------------
      Total, VAWA programs.............................         410,000
------------------------------------------------------------------------

    Within the funds appropriated, no less than $175,705,000 
shall be used for general formula grants to the States. The 
fiscal year 2005 funding will be used to develop and implement 
effective arrest and prosecution policies to prevent, identify, 
and respond to violent crimes against women, strengthen 
programs addressing stalking, and provide much needed victim's 
services. This includes specialized domestic violence court 
advocates who obtain protection orders. In addition, programs 
should be strengthened to encourage reporting of domestic 
violence by providing assurances that law enforcement and 
attorney support systems would be available. This funding is to 
be distributed to States to significantly enhance the 
availability of services, prosecutors, and law-enforcement 
officials to women and children who are subjected to domestic 
violence. Within the amount provided, $950,000 shall be for a 
domestic violence protection unit in Alaska to enforce a zero 
tolerance policy for domestic violence. Within the amounts 
provided, $750,000 shall be directed for the Sexual Assault 
Response Team for the Municipality of Anchorage, Alaska. Within 
the amounts provided, $750,000 shall be provided for the 
Victims of Justice in Alaska. Within the amounts provided, 
$2,400,000 shall be directed for the Anchorage Domestic 
Violence Prevention Project and $2,700,000 shall be for the 
Sexual Assault/Domestic Violence Prosecution Unit for the State 
of Alaska.

                      OFFICE OF INSPECTOR GENERAL

Appropriations, 2004....................................     $60,200,000
Budget estimate, 2005...................................      63,813,000
Committee recommendation................................      63,187,000

    The Committee recommends an appropriation of $63,187,000. 
The recommendation is $2,987,000 above the fiscal year 2004 
funding level and $626,000 below the budget request.
    The Committee is aware of the critical role the Office of 
Inspector General [OIG] plays with oversight at the Department. 
The OIG has completed a number of major reviews, including the 
FBI's management of its information technology investments, the 
FBI's counterterrorism program, the status of IDENT/IAFIS, the 
FBI's efforts to improve the sharing of intelligence and other 
information, the Hanssen espionage case, and the DEA's control 
of the diversion of controlled pharmaceuticals. Currently, the 
OIG has a number of ongoing reviews, including an examination 
of the FBI's Legal Attache program, the FBI's DNA Laboratory, 
the FBI's reprioritization efforts since September 11, 2001, 
terrorism task forces, and the recent espionage case in Los 
Angeles involving FBI agents and an alleged Chinese double 
agent.
    The Committee supports the significant role the OIG plays 
at the Department and will entertain requests for additional 
resources for OIG should they become necessary during the 
fiscal year.

                    United States Parole Commission

                         SALARIES AND EXPENSES

Appropriations, 2004....................................     $10,498,000
Budget estimate, 2005...................................      10,650,000
Committee recommendation................................      10,638,000

    The Committee recommends an appropriation of $10,638,000. 
The recommendation is $140,000 above the fiscal year 2004 
funding level and $12,000 below the budget request.
    The Commission is an independent body within the Department 
of Justice which makes decisions regarding requests for parole 
and supervision of Federal prisoners.

                            Legal Activities

                        GENERAL LEGAL ACTIVITIES

                     (INCLUDING TRANSFER OF FUNDS)

Appropriations, 2004....................................    $629,004,000
Budget estimate, 2005...................................     657,135,000
Committee recommendation................................     623,364,000

    The Committee recommends an appropriation of $623,364,000. 
The recommendation is $5,640,000 below the fiscal year 2004 
funding level and $33,771,000 below the budget request.
    This appropriation funds the establishment of litigation 
policy, conduct of litigation, and various other legal 
responsibilities, through the Office of the Solicitor General, 
the Tax Division, the Criminal Division, the Civil Division, 
the Environmental and Natural Resources Division, the Civil 
Rights Division, the Office of Legal Counsel, and Interpol.
    The Committee recommendations, by Division, are displayed 
in the following table:

                             LEGAL DIVISIONS
                        [In thousands of dollars]
------------------------------------------------------------------------

------------------------------------------------------------------------
Office of the Solicitor General.........................           8,538
Tax Division............................................          77,444
Criminal Division.......................................         133,334
Civil Division..........................................         192,218
Environment and Natural Resources Division..............          85,570
Office of Legal Counsel.................................           6,023
Civil Rights Division...................................         107,994
INTERPOL USNCB..........................................          11,906
Office of Dispute Resolution............................             337
                                                         ---------------
      Total.............................................         623,364
------------------------------------------------------------------------

    Office of the Solicitor General.--The Committee 
recommendation provides the budget request for the Office of 
the Solicitor General [OSG], including an additional $293,000 
to address the OSG's increasing workloads and accomplish its 
critical mission of representing the interests of the United 
States in the Supreme Court.
    National Security Initiatives.--The Committee 
recommendation includes additional funding for all requested 
national security initiatives within the divisions, including 
$1,167,000 for the Criminal Division for litigation related to 
counterterrorism, terrorist financing, and alien smuggling; 
$856,000 for the Civil Division for counterterrorism 
litigation; and $594,000 for the Environment and Natural 
Resources Division's Hazardous Material Initiative.
    Immigration Litigation.--Enhanced enforcement for existing 
and new laws affecting aliens, as well as the streamlining of 
Board of Immigration Appeal cases, have resulted in an 
unprecedented workload for the Office of Immigration 
Litigation. Therefore, the Committee recommendation includes an 
additional $3,500,000 to address this increasing caseload.
    Tribal Trust Fund Litigation.--The Committee includes an 
additional $7,004,000 for the tribal trust fund litigation.
    Interpol.--The Committee is impressed by the significant 
network the United States National Central Bureau [USNCB] has 
developed within the United States. To support that network, 
the Committee recommendation includes an additional $98,000 to 
automate domestic law enforcement's connection to USNCB's 
databases. The Committee also directs the Department of Justice 
to submit a report to the Committee on Appropriations not later 
than April 10, 2005, on proposals to leverage USNCB's network 
as a means to effectively share national security related 
information with State and local law enforcement agencies.
    Office of Legal Counsel.--The Committee recommendation 
provides the budget request for the Office of Legal Counsel, 
including an additional $165,000 to conduct legal reviews and 
update a series of national emergency materials that are 
critically important in the event of a nationwide catastrophe 
or national security emergency.
    The Committee recommendation includes bill language to 
transfer $106,000 to the Department of State for the Capital 
Security Cost Sharing Initiative to provide for safe and secure 
facilities for overseas.

               THE NATIONAL CHILDHOOD VACCINE INJURY ACT

Appropriations, 2004....................................      $3,985,000
Budget estimate, 2005...................................       6,333,000
Committee recommendation................................       6,333,000

    The Committee recommends a reimbursement of $6,333,000 for 
legal costs. The recommendation is $2,348,000 above the fiscal 
year 2004 funding level and identical to the budget request.
    This account covers Justice Department expenses associated 
with litigating cases under the National Childhood Vaccine 
Injury Act of 1986.

                           Antitrust Division

                         SALARIES AND EXPENSES

Appropriations, 2004....................................    $132,911,000
Budget estimate, 2005...................................     136,463,000
Committee recommendation................................     138,763,000

    The Committee recommendation assumes a total of 
$138,763,000 in budget (obligational) authority. The 
recommendation is $5,852,000 above the fiscal year 2004 funding 
level and $2,300,000 above the budget request.
    The Antitrust Division investigates potential violations of 
Federal antitrust laws, represents the interests of the United 
States in cases brought under these laws, acts on antitrust 
cases before the Supreme Court, and reviews decisions of 
regulatory commissions relating to antitrust law.
    The Committee recommendation includes an additional 
$2,300,000 to ensure the Division has the necessary resources 
to meet its mission of vigorously enforcing our Nation's 
antitrust laws.

                        United States Attorneys

    To ensure that limited Federal drug law enforcement 
resources are applied effectively, the Committee recommendation 
transfers the funding and management of the Interagency Drug 
Enforcement [IDE] program to the U.S. Attorneys [USA]. The IDE 
Executive Assistant Director shall report to the Director of 
the Executive Office of U.S. Attorneys [EOUSA], and shall be at 
the same level in the organizational structure as the Deputy 
Directors of EOUSA.
    Total funding for U.S. Attorneys is $1,827,563,000, 
including $1,532,154,000 for Salaries and Expenses and 
$295,409,000 for IDE.

                         SALARIES AND EXPENSES

Appropriations, 2004....................................  $1,510,193,000
Budget estimate, 2005...................................   1,547,519,000
Committee recommendation................................   1,532,154,000

    The Committee recommends an appropriation of 
$1,532,154,000. The recommendation is $21,961,000 above the 
fiscal year 2004 funding level, $15,365,000 below the budget 
request, and includes the proposed administration salary 
increases.
    This account supports the Executive Office for U.S. 
Attorneys and the 94 U.S. Attorneys offices throughout the 
United States and its territories. The U.S. Attorneys serve as 
the principal litigators for the U.S. Government for criminal 
and civil matters. As in the past, Committee recommendation 
focuses the efforts of the U.S. Attorneys on those crimes where 
the unique resources, expertise, or jurisdiction of the Federal 
Government can, or must, be most effective.
    Terrorism Prevention and Criminal Prosecutions.--To balance 
the influx of counterterrorism cases and referrals from law 
enforcement agencies, the Committee recommendation includes an 
additional $5,762,000 for terrorism prevention and criminal 
prosecutions.
    Project Seahawk.--The Committee recommendation includes 
$5,000,000 for the continuation of Project Seahawk, a pilot 
project to enhance intermodal security and law enforcement 
within our Nation's coastal cities. The pilot will provide a 
national model for cities that experience heavy volumes of 
intermodal traffic by establishing a streamlined process to 
address criminal activity that may compromise or impede the 
movement of intermodal traffic within the U.S. Project Seahawk 
shall continue to be coordinated under the U.S. Attorneys and 
include Federal, State, and local law enforcement.
    Legal Education.--The Committee recommendation provides 
$18,266,000 for legal education and distance learning at the 
National Advocacy Center [NAC] as requested by the 
Administration. NAC State and local training funds are provided 
under the Office of Justice Programs.
    Violent Crime Task Forces.--The Committee recommendation 
includes $1,500,000 to continue and expand task force 
activities associated with Operation Streetsweeper.
    Cybercrime and Intellectual Property Enforcement.--The 
Committee recommendation includes $10,000,000 within available 
resources for the continued pursuit of Federal copyright law 
violations and software counterfeiting crimes, subject to 
Section 605 of this Act. EOUSA shall report to the Committee on 
Appropriations not later than April 30, 2005, on the number, 
type, and location of copyright prosecutions undertaken in the 
preceding year.
    Visa and Passport Fraud.--The Committee is concerned that 
USA offices are failing to prosecute, or are slow to prosecute, 
cases of passport and visa fraud referred by the Department of 
State. It is critical that USA offices make visa and passport 
fraud cases a high priority because these particular types of 
fraud are usually part of a larger crime, such as terrorism; 
trafficking in women, children, and narcotics; and child 
molestation and abductions. EOUSA is therefore directed to 
report to the Committee, no later than May 1, 2005, on the 
number of visa and passport fraud cases that are referred to 
and prosecuted by USA offices. For each referral, the report 
shall include the date on which the case was referred, the 
status of the case, and a justification for any referrals not 
pursued for prosecution.

                      INTERAGENCY DRUG ENFORCEMENT

Appropriations, 2004....................................    $550,609,000
Budget estimate, 2005...................................     580,632,000
Committee recommendation................................     295,409,000

    The Committee recommends an appropriation of $295,409,000. 
The recommendation is $255,200,000 below the fiscal year 2004 
funding level and $285,223,000 below the budget request.
    The Interagency Drug Enforcement Program, through its 9 
regional task forces, utilizes the combined resources and 
expertise of its 11 member Federal agencies, in cooperation 
with State and local investigators and prosecutors, to target 
and disband major narcotics trafficking and money laundering 
organizations.
    Last year, the Committee expressly stated that funding 
would not be provided for non-Justice agencies in subsequent 
years under this account. Even so, the budget submission for 
fiscal year 2005 again requested funding for non-Justice 
agencies. While the Committee is aware of the significant role 
these agencies play with this effort, the Committee does not 
have the resources necessary to support other agencies. 
Accordingly, the recommendation provides funding, equal to that 
provided last year, for Justice agencies for their 
participation with the Organized Crime and Drug Enforcement 
Task Forces [OCDETF]. However, funding previously provided 
under this account for FBI's participation in OCDETF has been 
transferred to the FBI to expand and enhance the FBI's Joint 
Terrorism Task Forces, which are a critical component of the 
bureau's counterterrorism mission and the Nation's ability to 
detect and prevent terrorist acts.
    The Committee recommendations, by agency, are displayed in 
the following table:

                      INTERAGENCY DRUG ENFORCEMENT
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
Investigations:
    Alcohol, Tobacco, Firearms and Explosives...........          11,363
    Drug Enforcement Administration.....................         172,971
    United States Marshals Service......................           2,125
                                                         ---------------
      Subtotal, investigations..........................         186,459
                                                         ===============
Prosecutions:
    Criminal Division...................................           2,688
    Tax Division........................................             984
    United States Attorneys.............................          99,557
                                                         ---------------
      Subtotal, prosecutions............................         103,229
                                                         ===============
Administrative Support:
    Executive Office....................................           5,721
                                                         ===============
      Total, Interagency Drug Enforcement...............         295,409
------------------------------------------------------------------------

    The Committee expects to be consulted prior to any 
deviation from the above plan.

                   UNITED STATES TRUSTEE SYSTEM FUND

Appropriations, 2004....................................    $166,157,000
Budget estimate, 2005...................................     174,355,000
Committee recommendation................................     174,355,000

    The Committee recommends a total of $174,355,000 in budget 
authority. The recommendation is $8,198,000 above the fiscal 
year 2004 funding level and identical to the budget request.
    The U.S. Trustee system provides administrative support to 
expeditiously move bankruptcy cases through the bankruptcy 
process and ensures accountability of private trustees 
appointed to administer bankruptcy estates.
    The Committee recommendation includes not less than 
$750,000 for the Bankruptcy Training Center at the National 
Advocacy Center, in support of the Trustees' continuing 
education program.
    The Committee recommendation also includes $2,000,000 for 
information technology [IT] infrastructure improvements, such 
as enhancements to IT security, bandwidth, and the Automated 
Case Management System. To ensure these improvements are 
consistent with the Department's overall IT approach and 
architecture, the Committee directs the U.S. Trustee to consult 
with the Office of the Chief Information Officer prior to the 
obligation of any of these funds.

                  FOREIGN CLAIMS SETTLEMENT COMMISSION

Appropriations, 2004....................................      $1,193,000
Budget estimate, 2005...................................       1,220,000
Committee recommendation................................       1,220,000

    The Committee recommends an appropriation of $1,220,000. 
The recommendation is $27,000 above the fiscal year 2004 
funding level, identical to the budget request, and fully 
provides for the adjudication of claims against: Germany 
relating to World War II; Cuba relating to the Castro regime; 
and Iraq relating to the U.S.S. Stark incident and Desert 
Shield/Storm.
    The Foreign Claims Settlement Commission settles claims of 
American citizens arising from nationalization, expropriation, 
or other takings of their properties and interests by foreign 
governments.

                     FEES AND EXPENSES OF WITNESSES

Appropriations, 2004....................................    $156,145,000
Budget estimate, 2005...................................     177,585,000
Committee recommendation................................     177,585,000

    The Committee recommends an appropriation of $177,585,000. 
The recommendation is $21,440,000 above the fiscal year 2004 
funding level and identical to the budget request.
    This account provides for fees and expenses of witnesses 
who appear on behalf of the Government in cases in which the 
United States is a party, including fact and expert witnesses. 
These funds are also used for mental competency examinations as 
well as witness and informant protection.

                      COMMUNITY RELATIONS SERVICE

Appropriations, 2004....................................      $9,426,000
Budget estimate, 2005...................................       9,833,000
Committee recommendation................................       9,494,000

    The Committee recommends an appropriation of $9,494,000. 
The recommendation is $68,000 above the fiscal year 2004 
funding level and $339,000 below the budget request.
    The Community Relations Service provides assistance to 
communities and persons in the prevention and resolution of 
disagreements relating to perceived discriminatory practices.

                         ASSETS FORFEITURE FUND

Appropriations, 2004....................................     $21,530,000
Budget estimate, 2005...................................      21,759,000
Committee recommendation................................      21,759,000

    The Committee recommends an appropriation of $21,759,000. 
The recommendation is $229,000 above the fiscal year 2004 
funding level and identical to the budget request.
    This account provides funds to supplement existing 
resources to cover additional investigative expenses of the 
Federal Bureau of Investigation, Drug Enforcement 
Administration, and U.S. Marshals Service, such as awards for 
information, purchase of evidence, equipping of conveyances, 
and investigative expenses leading to seizure. Funds for these 
activities are provided from receipts deposited in the assets 
forfeiture fund resulting from the forfeiture of assets. 
Expenses related to the management and disposal of assets are 
also provided from the assets forfeiture fund by a permanent 
indefinite appropriation.

                     United States Marshals Service

                   SALARIES AND EXPENSES/CONSTRUCTION

Appropriations, 2004....................................    $726,121,000
Budget estimate, 2005...................................     743,441,000
Committee recommendation................................     744,725,000

    The Committee recommends an appropriation of $744,725,000. 
The recommendation is $18,604,000 above the fiscal year 2004 
funding level and $1,284,000 above the budget request.
    The core missions of the U.S. Marshals Service [USMS] 
include the apprehension of fugitives, protection of the 
Federal judiciary, protection of witnesses, execution of 
warrants and court orders, and the custody and transportation 
of accused and unsentenced prisoners.
    The Committee recommendation does not support the Marshal's 
proposal to collapse its current decision units. Based on the 
details provided herein, the Committee directs the USMS to 
provide a spend plan by prior year decision units to the 
Committees on Appropriations not later than 30 days after 
enactment of this Act.
    The Committee notes that in previous years, funding 
allocated for specific activities has not been released in a 
timely fashion preventing operational units from initiating 
action before the end of the fiscal year. The USMS is strongly 
encouraged to expedite the release of these appropriated funds 
to ensure that the funds can be used for their intended 
purposes.
    Courthouse Security Equipment.--This subaccount funds 
security equipment, telephone systems, and cabling. The 
Committee recommendation provides $13,130,000 for courthouse 
security equipment and $4,189,000 for 36 existing and 2 new 
positions for the Central Courthouse Management Group [CCMG]. 
Each year hereafter, not less than this level of funding shall 
recur for USMS courthouse security equipment and CCMG 
positions. The USMS shall submit a list of projects for such 
funding to the Committees on Appropriations not later than 30 
days after the enactment of this Act.
    The funding provided will outfit courthouses in the 
following locations:

                   USMS COURTHOUSE SECURITY EQUIPMENT
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
Detainee Facilities:
    Grand Junction, CO..................................              20
    Springfield, IL.....................................             320
    Fort Worth, TX......................................             185
    Fort Wayne, IN......................................              75
    Raleigh, NC.........................................             125
    Victoria, TX........................................             260
    Fort Smith, AR......................................             350
    Bangor, ME..........................................             450
    Kalamazoo, MI.......................................             300
    Newport News, VA....................................              25
    Montgomery, AL......................................             200
    Newark, NJ..........................................             250
    Roswell, NM.........................................              25
    Prescott, AZ........................................             100
    Greensboro, NC......................................              35
    Davenport, IA.......................................              75
    Evansville, IN......................................              75
                                                         ---------------
      Subtotal, detainee facilities.....................           2,870
                                                         ===============
Minor Repairs...........................................             687
Security Equipment Maintenance..........................           4,800
Security Engineering Services...........................             700
Safety Program..........................................           3,100
Information Security, Personnel, Equipment, and Related              806
 Costs (Physical).......................................
2006 National Security Survey...........................             167
                                                         ---------------
      Total, USMS Security Equipment....................          13,130
------------------------------------------------------------------------

    The Committee expects to be consulted prior to any 
deviation from the above plan.
    Fugitive Apprehensions.--The Committee has long supported 
the exceptional fugitive apprehension efforts of the USMS. For 
years, the Committee has provided increases in non-personnel 
expenses for those efforts, with the expectation that the USMS 
would match those increases with the necessary personnel to 
meet this mission. USMS, however, has repeatedly fought 
providing full base resources, the appropriated increases, and 
the necessary personnel for these programs. To prevent USMS 
from ignoring congressional intent again, this year the 
Committee recommendation provides full funding, including base 
resources and personnel expenses, for the fugitive apprehension 
programs as discussed in detail below.
    Regional Fugitive Task Forces.--Over the past few years, 
the Committee has established and funded regional task forces 
in New York City, Los Angeles, Chicago, and Atlanta. Last year, 
the Committee established a fifth regional task force in the 
Washington, DC metropolitan area. These task forces shall be 
dedicated full-time to the pursuit of the most dangerous 
fugitives and operated as regional task forces administered by 
headquarters. The Committee recommendation includes $22,918,000 
for the following: (1) $8,300,000 for base funding for the five 
existing task forces; (2) $4,674,000 for base funding to fully 
annualize the 36 existing task force personnel; (3) $5,664,000 
and 41 positions for criminal investigators and support 
personnel to fully staff the five existing task forces; and (4) 
$4,280,000 and 16 positions for salary, vehicles and equipment 
costs to create an additional task force. A total of $2,000,000 
of this increase shall be available for equipment, supplies and 
contracts for the new task force and in support of district 
task forces.
    Of this amount, $4,320,000 was requested under the 
Interagency Crime and Drug Enforcement account to increase the 
USMS participation in the Organized Crime and Drug Enforcement 
Task Forces [OCDETF]. The Committee, however, believes this 
funding would be better spent on a new regional task force 
which can work OCDETF as well as other fugitive apprehension 
cases, and therefore provides that increase herein.
    Technical Operations Group.--The Technical Operations Group 
[TOG] provides surveillance, tracking and communications 
support necessary for the regional and district fugitive task 
forces to meet their missions. The Committee recommendation 
includes $19,210,000 for TOG, including base resources for 53 
positions, six new positions to support the new task forces, 
and training and equipment, including funding for surveillance 
vans and light aircraft, bucket trucks, a central signal 
collection system, secure communications equipment, various 
tracking systems, and night vision equipment. The Committee 
notes that two additional ESU positions are funded through the 
regional fugitive task forces.
    International Fugitives.--The Committee recommendation 
includes $7,762,000 for the international fugitive program, 
which includes base resources for six positions as well as non-
personnel expenses to support the three existing offices in the 
Dominican Republic, Jamaica, and Mexico, funding for two new 
positions and non-personnel expenses to address the growing 
caseload in Mexico, and four new positions and non-personnel 
costs associated with opening one new foreign office in the 
country with the greatest need.
    Analytical Support Unit.--The Committee recommendation 
includes $4,000,000 (excluding a $500,000 transfer from the 
Justice Detainee Information System) to improve and maintain 
the Warrant Information Network and to continue subscriptions 
to various government and private networks and on-line 
services. The Committee recommendation also includes an 
additional $449,000 for six positions for the analytical 
support unit to focus on analysis related to fugitive 
apprehensions.
    Special Operations Group.--The Committee recommendation 
includes $3,756,000 for the Special Operations Group, including 
$2,835,000 in base resources, and an additional $1,000,000 for 
position upgrades, equipment, and training.
    Base Resources.--To ensure that critical accounts are not 
diverted, the Committee recommendation directs the USMS to 
provide the following base resources: $150,000 for travel, 
supplies, contract services, and equipment for domestic 
investigations; $150,000 for contract services for special 
deputations; $50,000 for travel, supplies, contract support, 
training, and equipment for international investigations; 
$159,000 for travel, supplies, and equipment for Interpol in 
Lyon, France, and Washington, DC; $2,600,000 for support of the 
extradition program; $500,000 for general support, the 15 Most 
Wanted, and major cases programs; and $550,000 to establish a 
sufficient base for non-drug confidential source payments.
    Vehicles.--To ensure the USMS properly manages its fleet, 
the Committee recommendation includes $15,379,000 in base 
resources for vehicle purchases. This shall be treated as a 
permanent increase to the base. None of these vehicles are to 
be assigned to headquarters.
    Witness Security Program.--The Committee recommendation 
includes $1,922,000 to provide additional investigators to 
handle the increasing complexity and volume of protection 
services for witness and their families.
    Information Technology.--The Committee recommendation 
includes $1,478,000 for information technology [IT] upgrades, 
including $478,000 for information technology security, and 
$1,000,000 for the highest priority technology needs. The 
Committee directs USMS to submit a report to the Committees on 
Appropriations not later than March 1, 2005, on IT needs 
throughout USMS and a plan to address those needs, including 
funding requirements.
    Hazardous Response Unit.--The Committee is aware that after 
September 11, 2001, the USMS determined a need for and 
activated, staffed, equipped, and trained a new unit, the 
Hazardous Response Unit [HRU]. However, the Committee has not 
received any requests for increases in funding to sustain this 
unit. Rather, the Committee believes resources have been 
diverted from core missions of the USMS to initiate a patch 
work approach to this new program activity. Under this model, 
HRU will not have sufficient resources to be fully operational 
and USMS programs will suffer. Until the USMS submits a plan to 
authorize and appropriate significant new funding for this 
activity, the Committee recommends the USMS establish a single, 
national Hazardous Response Coordinator to serve as a liaison 
to the many other Federal, State, and local HRU units already 
performing these functions throughout the country. This will 
allow for all other personnel currently dedicated to this 
activity to return to the critical core missions of the USMS.
    High Threat Events.--The Committee supports the use of 
existing resources to meet the needs of high threat events, 
subject to Section 605 of this Act.
    Construction.--This subaccount includes $10,096,000 for 
construction, relocations, and furniture at existing 
courthouses. Each year hereafter, not less than this level of 
funding shall recur for USMS construction and the USMS shall 
submit a list of projects for such funding to the Committees on 
Appropriations not later than 30 days after the date of 
enactment of this Act.
    The Committee is aware that a national survey of Federal 
courthouses revealed that 95 percent of prisoner holding and 
transit facilities have serious security deficiencies. Of 392 
courthouses surveyed: 84 percent lack enough courtroom holding 
cells; 78 percent do not have secure prison elevators; 74 
percent do not have enclosed sallyports; 72 percent lack enough 
interview rooms; 57 percent do not have adequate cellblock 
space; and 38 percent lack cameras, monitors, and alarms.
    The Committee is intent on remedying courthouse 
deficiencies overlooked by USMS for years before a tragedy 
occurs. The Committee recommendations, by project, are 
displayed in the following table:

                            USMS CONSTRUCTION
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
Construction:
    Grand Junction, CO..................................             420
    Springfield, IL.....................................             630
    Fort Worth, TX......................................           1,200
    Fort Wayne, IN......................................             150
    Raleigh, NC.........................................             505
    Sioux Falls, SD.....................................             400
    Victoria, TX........................................              10
    Bangor, ME..........................................             880
    Kalamazoo, MI.......................................             300
    Newport News, VA....................................              10
    Montgomery, AL......................................              30
    Newark, NJ..........................................             400
    Roswell, NM.........................................             400
    Santa Fe, NM........................................             600
    Greensboro, NC......................................             535
    Evansville, IN......................................             500
    Lynchburg, VA.......................................              10
    Eugene, OR..........................................              25
    Springfield, MA.....................................             410
    Los Angeles, CA [ESU]...............................             392
    Miami, FL...........................................              50
    Washington, DC......................................              50
    Manhattan, NY.......................................             250
    Chicago, IL [ESU]...................................             452
                                                         ---------------
      Subtotal, construction............................           8,609
                                                         ===============
Minor repairs...........................................             531
Security specialist consultants/construction engineers..             956
                                                         ---------------
      Total, USMS Construction..........................          10,096
------------------------------------------------------------------------

    The Committee considers this an important step in reducing 
the backlog of critical security-related projects. As with 
courthouse security equipment, the Committee expects to be 
consulted prior to any deviation from the above plan.

                    Federal Bureau of Investigation

                   SALARIES AND EXPENSES/CONSTRUCTION

                     (INCLUDING TRANSFER OF FUNDS)

Appropriations, 2004....................................  $4,518,743,000
Budget estimate, 2005...................................   5,058,921,000
Committee recommendation................................   4,990,728,000

    The Committee recommends an appropriation of 
$4,990,728,000. Combined with funding provided under the 
``Foreign Terrorist Tracking Task Force/Terrorist Threat 
Integration Center/Terrorist Screening Center'' account, the 
recommendation is $520,799,000 above the fiscal year 2004 
funding level and $3,723,000 below the budget request.
    The 9/11 Commission Report provides a comprehensive review 
of the Federal Bureau of Investigation [FBI] along with a 
number of recommendations to improve the FBI's intelligence and 
counterterrorism operations. The Committee has long been aware 
of and attempted to address many of the issues raised in the 9/
11 Report.
    This year, the Committee recommendation includes 
significant funding increases for the FBI's intelligence and 
counterterrorism programs; breaks out funding from FBI's 
salaries and expenses account for separate fusion centers, 
including the Terrorist Threat Integration Center [TTIC], the 
Foreign Terrorist Tracking Task Force [FTTTF], and the 
Terrorist Screening Center [TSC], which the 9/11 Commission 
Report recommends become part of the National Counterterrorism 
Center [NCTC]; and grows the Joint Terrorism Task Forces [JTTF] 
which take the lead in coordinating intelligence and 
counterterrorism information with headquarters and other 
Federal, State, and local law enforcement agencies. Also 
consistent with the 9/11 Commission Report, the Committee has 
repeatedly supported efforts by the FBI to centralize its 
intelligence, counterterrorism and counterintelligence programs 
at headquarters.
    In addition, the Committee is aware that the 9/11 
Commission recommends the FBI align its budget structure with 
its four main programs--intelligence, counterterrorism and 
counterintelligence, criminal, and criminal justice services--
to improve transparency on program costs, management of 
resources, and protection of the intelligence program. As the 
Committee is not yet aware of the full impact this change could 
have on the FBI, the Committee wants to review the proposal 
further. Therefore, based on the details provided herein, the 
Committee directs the FBI to provide a spend plan by prior year 
and proposed decision units to the Committees on Appropriations 
not later than 30 days after enactment of this Act.
    Workforce Allocation.--Last year, the Committee 
recommendation directed the FBI to realign its resources to 
properly reflect the FBI's priority mission of 
counterterrorism. The Director's priorities clearly state that 
protecting America from terrorist attacks is the Bureau's 
highest priority. However, FBI's permanent assignment of agents 
does not seem to reflect this agency priority. For example, the 
Counterterrorism Division's [CTD] caseload exceeds CTD's 
workforce. Rather than transferring the permanent personnel and 
resources to CTD, the FBI has temporarily assigned personnel 
from other divisions, with the apparent expectation that those 
personnel would return to their originating divisions when the 
CTD work subsided or when the FBI received enough increases in 
funding to support its counterterrorism workload as well as 
that of its secondary missions. For 2 years following the 
September 11, 2001 terrorist attacks, the FBI temporarily 
assigned between 433 and 5,362 agents to CTD. Even with the 
significant enhancements provided to the FBI, the FBI still 
projects the need to temporarily assign 522 agents from other 
divisions to CTD in fiscal year 2004. The Committee has long 
believed that, first and foremost, the FBI should provide all 
necessary resources to its number one priority mission--
counterterrorism--and should permanently assign the necessary 
personnel to CTD to meet that mission. The Committee again 
directs the FBI to permanently transfer the necessary personnel 
to CTD to meet its counterterrorism workload.
    The Committee supports, however, the FBI's proposal this 
year to eliminate 2 lower-priority missions that fall within 
the jurisdiction of other agencies, enabling the Bureau to 
request additional enhancements for counterterrorism. While the 
Committee believes redirecting resources would be more 
effective than eliminating existing positions to create new 
ones (similar to the FBI's practice of cutting base programs 
only to request those cuts again as program increases), the 
Committee adopts the proposal. In addition, the Committee 
directs the FBI to submit a report to the Committees on 
Appropriations not later than March 30, 2005, listing missions 
of the FBI that fall within the jurisdiction of other Federal, 
State, and local law enforcement agencies, particularly those 
within DOJ, such as drugs, guns, explosives, gangs, and 
fugitives.
    While supporting the significant and fundamental changes 
made within the FBI since September 11, 2001, the 9/11 
Commission Report also raises concern about the FBI's ability 
to institutionally shift its focus to counterterrorism. The 9/
11 Commission Report states, ``[d]espite having found 
acceptance of the Director's clear message that 
counterterrorism is now the FBI's top priority, 2 years after 
9/11 we also found gaps between some of the announced reforms 
and the reality in the field. We are concerned that management 
in the field offices still can allocate people and resources to 
local concerns that diverge from the national security mission. 
This system could revert to a focus on lower-priority criminal 
justice cases over national security requirements.''. The 
Committee shares this concern and directs the FBI to submit a 
plan to the Committees on Appropriations, not later than March 
20, 2005, that ensures FBI's national priorities match the 
priorities and operations in all of the FBI's field offices and 
resident agencies.
    Intelligence, Counterterrorism and Supporting Program 
Increases.--The Committee recommendation includes 
$1,756,109,000 for the FBI's intelligence, counterterrorism and 
supporting programs, which is $503,468,000 above the fiscal 
year 2004 funding level and $134,788,000 above the budget 
request. Funding supports $125,336,000 for all requested 
mandatory increases as adjusted by the FBI, and $378,132,000 
for program increases, including $64,470,000 under a separate 
heading for the relocation of a portion of the Counterterrorism 
Division to the Terrorist Threat Integration Center and for the 
Terrorist Screening Center. Program increases include the 
following:

     INTELLIGENCE, COUNTERTERRORISM AND SUPPORTING PROGRAM INCREASES
                        [In thousands of dollars]
------------------------------------------------------------------------

------------------------------------------------------------------------
Joint Terrorism Task Forces.............................         134,788
Office of Intelligence..................................          13,400
CT Headquarters Program Support.........................          13,023
Computer Intrusion Program & Cyber Intelligence.........          24,683
Special Technologies & Application Section..............          27,249
Security Improvements...................................          18,822
CT Field Investigations.................................          38,131
Language Services.......................................          12,838
TS/SCI LAN Field........................................          12,000
Electronic Surveillance Data Management System..........           3,500
Tactical Operations Support Center......................           2,000
Telecommunications Interception Collection Technology              1,500
 Unit...................................................
CT Construction.........................................           5,893
Replacement Vehicles....................................           5,835
                                                         ---------------
      Subtotal..........................................         313,662
------------------------------------------------------------------------

    The Committee understands these program increases will not 
only support counterterrorism but also counterintelligence and 
other priority missions at the FBI.
    Office of Intelligence.--The Committee commends the FBI for 
its efforts to enhance its intelligence processes, including 
creating the Office of Intelligence, separating that office 
from the Counterterrorism Division, and providing an Executive 
Assistant Director for Intelligence to oversee the office and 
institutionalize intelligence processes throughout the FBI. The 
Committee provides $13,400,000 for the Office of Intelligence 
and directs the FBI to transfer existing resources to the 
office should additional resources be necessary, subject to 
section 605 of this Act.
    Joint Terrorism Task Forces.--The Committee recommendation 
includes $159,988,000 for the Joint Terrorism Task Forces 
[JTTF], including $25,200,000 in base resources and an increase 
of $134,788,000 to establish 12 new JTTFs, as well as expand 
and provide the necessary training, equipment, and 
infrastructure to meet the day-to-day needs of the existing 
task forces. This funding previously supported FBI's 
participation in the Organized Crime and Drug Enforcement Task 
Force [OCDETF] and has been redirected to support FBI's top 
priority mission of counterterrorism.
    Cyber Investigations.--Of the increases provided for the 
counterterrorism program, $51,932,000 supports cyber 
investigations. Of that amount, $27,249,000 is for the 
Strategic Technologies & Application Section [STAS] to reduce 
the current backlog for technical analysis, sustain the 
expected level of effort required to handle the growing 
workload, respond to major cases and tasks, and stand up 
research and development capabilities to ensure the section can 
sustain its technical analysis capabilities in light of the 
rapidly evolving IT environment; and $24,683,000 is for the 
Computer Intrusion Program and Cyber Intelligence to 
aggressively pursue computer intrusion matters and enable the 
FBI to develop a Cyber Intelligence and Action Program, 
including an Analysis Group to conduct a broad analysis of 
intelligence and investigative data.
    In addition, the recommendation provides an increase of 
$3,000,000 for the Innocent Images National Initiative [IINI] 
to expand field training programs, strengthen interagency 
partnerships with law enforcement partners, and provide 
increased operational support to the field. IINI is an 
intelligence-driven, proactive, multi-agency investigative 
initiative to combat the proliferation of child pornography/
child sexual exploitation facilitated by an online computer. 
The IINI provides centralized coordination and analysis of case 
information that by its very nature is national and 
international in scope, requiring unprecedented coordination 
throughout the FBI, as well as with State, local, and 
international governments.
    To enhance IINI's efforts, the Committee directs the FBI to 
consider emerging technologies that may help prevent and 
prosecute crimes against children and child exploitation 
through the internet, such as software to troll online venues 
and record evidentiary materials.
    Terrorist Financing.--The 9/11 Commission Report indicated 
the funding sources for the 9/11 terrorist attacks remains 
largely unknown. The Committee recognizes that the Terrorism 
Financing Operations Section [TFOS] is a critical component of 
the FBI's counterterrorism program. TFOS tracks financial 
transactions and exploits financial information to identify 
terrorist cells, predict terrorist planning, and prevent 
potential terrorist acts. The Committee is aware of available 
software that seeks to track financial data streams and, in 
real time, may automatically notify analysts when designated 
transactions occur in the financial accounts of suspected 
terrorists. The FBI is directed to evaluate such software and 
report back to the Committee on its findings.
    Language Services.--Language translation is a critical 
component for the FBI's intelligence counterterrorism and 
counterintelligence programs. As such, the Committee has 
provided an additional $12,838,000 for the language translation 
program.
    The Committee is aware of recent allegations of substandard 
wiretap translations as well as compromised information in the 
FBI's language translation program, either of which would have 
a detrimental impact on the FBI's counterterrorism and 
counterintelligence programs as well as national security in 
general. Therefore, the Committee directs the FBI to submit a 
report, no later than April 15, 2005, outlining policies within 
the program that ensure such translations are of the highest 
quality and that classified information remains secure.
    Legal Attache Offices.--The Committee is aware of the 
important role of the FBI's Legal Attache [Legat] offices, 
particularly with receiving and pursuing investigative leads in 
support of the war on terrorism. The Committee supports 
redirecting existing resources within the Legat program to 
create new offices that better meet the FBI's priority 
missions, subject to Section 605 of this Act.
    Counterintelligence Program.--The United States is facing 
more complex threats to its people, information, and technology 
than ever before. Traditional notions of counterintelligence 
that focus on hostile intelligence services and theft of highly 
classified national defense information do not begin to cover 
the full range of threats that confront our most critical 
national interests. The United States is facing a growing 
challenge from non-traditional threats, including non-state 
actors, and there is a host of new sophisticated technologies 
and tools being deployed against the United States. In reponse, 
the FBI has centralized and strengthened its 
counterintelligence program. Centralization will ensure that 
the FBI has clear strategic objectives and is engaged in a 
cooperative and collaborative effort with other members of the 
Intelligence Community. The Committee has provided a number of 
increases that support the Counterintelligence Program, 
including funding for the Office of Intelligence, language 
services, TS/SCI LAN, and replacement vehicles. The Committee 
supports additional funding for this critical program and 
recommends the redirection of available resources from lower 
priority missions for that purpose, subject to Section 605 of 
this Act.
    Technology Investments.--The Committee is aware that the 
FBI is in the process of creating an Office of the Chief 
Information Officer [CIO] to restructure, expand, and 
ultimately improve the information technology [IT] organization 
within the FBI. The recommendation includes $30,000,000 within 
available resources to establish four new offices: (1) Office 
of Policy and Planning; (2) Office of Program Management; (3) 
Office of Systems development; and (4) Office of IT Operations, 
including funding for space, equipment, personnel, and related 
requirements, subject to Section 605 of this Act.
    Within the resources provided, the Committee expects the 
Office of the CIO to support the Aurora effort, including the 
development of an enterprise architecture and a system 
integration and testing process that insures individual 
projects blend into a unified and functioning whole. While the 
Committee recognizes the CIO has already made improvements to 
FBI's IT management and programs, the Committee does not want 
to repeat past mistakes. Therefore, the Committee directs the 
Government Accountability Office [GAO] to review the bureau's 
management of its enterprise architecture effort, including its 
use of effective contractual controls and its approach to 
contractor tracking and oversight. In addition, the Committee 
directs GAO to review whether FBI's approach to developing its 
enterprise architecture is consistent with established best 
practices.
    Trilogy.--The FBI's technology modernization program, 
Trilogy, including the Virtual Case File [VCF], has suffered a 
series of set backs since its inception. Trilogy has been 
plagued by cost growth, scheduling delays, management turnover 
and changes, and slow technical progress. Program costs are 
currently $224,100,000 or 59 percent over the original cost 
estimate of $379,800,000 and are expected to rise. Full Site 
Capability, completion of the hardware side of Trilogy, was 
delayed 6 months (21 months from the accelerated schedule) at a 
cost of $22,900,000. Requirements and a schedule for VCF, the 
software side of Trilogy, are still being defined even though 
the original completion date was June 2004 and the accelerated 
completion date was January 2004.
    The Committee recognizes that the FBI Director and the 
FBI's recently appointed CIO have made significant improvements 
since December 2003. FBI now has a clear line of command and 
accountability within program management. That management has 
frozen program requirements and, perhaps most significantly, 
has finally agreed to move from a ``flash cutover'' conversion, 
in which VCF would be rolled out to all users simultaneously, 
to an incremental deployment, which allows for a gradual and 
therefore smarter transition from the FBI's existing Automated 
Case Support [ACS] system.
    Understanding the critical role Trilogy has and will play 
within FBI's operations, the Committee has provided over 
$581,000,000 for the program over the past several years. To 
ensure discipline in the program, the Committee has recommended 
bill language establishing a total program cost cap at 
$600,000,000, which should be more than sufficient to complete 
deployment of the system. The Committee directs the FBI to 
continue providing quarterly briefings and reports on Trilogy 
to the Committees on Appropriations.
    FBI DNA Laboratory.--A May 2004, Department of Justice 
Inspector General [IG] Report entitled ``The FBI DNA 
Laboratory: A Review of Protocol and Practice 
Vulnerabilities,'' found deficiencies in procedures at the 
FBI's DNA laboratory that could result in intentional or 
inadvertently compromised test results. The review followed the 
FBI's discovery 2 years ago that a lab biologist failed to 
create control samples, invalidating her DNA casework. The 
Report concluded that the work of lab staff members is not 
subjected to sufficient scrutiny by superiors and recommended 
training and management changes. The Committee directs the FBI 
to submit a follow-up report to the Committees on 
Appropriations detailing steps taken to meet the IG 
recommendations, including changes to training, management, and 
policies within the lab.
    Criminal Justice Information Services Division.--The 
Committee recommendation includes $379,952,000, including fee 
collections, for the Criminal Justice Information Services 
Division [CJIS]. The Committee does not adopt the FBI's 
proposal to reduce CJIS IT system maintenance budgets by 
$3,000,000.
    In December 2001, the FBI developed a technology 
refreshment plan for all CJIS systems to upgrade system 
architecture to ensure that the system does not become 
antiquated. The improvements include updating hardware and 
software systems that are approaching obsolescence. As in 
previous years, under no circumstances is the FBI to divert 
funding collected through the CJIS user fee for any purpose 
other than CJIS, its refreshment plan, or a subsequent 
modernization plan for the current facility.
    Automated Biometric Identification System/Integrated 
Automated Fingerprint Identification System.--The Committee 
recommendation includes an additional $16,000,000 to support 
the integration of the Department of Homeland Security's [DHS] 
Automated Biometric Identification System [IDENT] and the FBI's 
Integrated Automated Fingerprint Identification System [IAFIS]. 
DHS is scheduled to deploy versions of IDENT/IAFIS at 477 
Border Patrol Station and Inspection Port of Entry sites. 
Funding would upgrade, expand, and integrate IDENT/IAFIS system 
requirements and provide additional staffing to process the 
more than 20,000 transactions-per-day anticipated from the 
additional workload. The Committee believes IDENT/IAFIS should 
be a top priority for the Department of Justice, as discussed 
in a separate part of this recommendation, and directs the 
Department to submit a report to the Committees on 
Appropriations not later than April 5, 2005, on the existing 
capacity of IAFIS, the expected impact US VISIT may have on the 
system, and any additional costs necessary to increase IAFIS's 
capacity to meet that impact.
    User Fee.--The Committee does not adopt the administration 
budget proposal to charge State and local law enforcement a fee 
for forensic analysis, training, and crime scene support, and 
is disappointed that the administration proposed to offset 
funding increases by increasing the funding burden on State and 
local law enforcement.
    Intellectual Property Rights.--Industrial espionage, by 
both erstwhile friends and obvious foes, has become the growth 
industry in the counterintelligence world. The struggle for 
domination among major powers is now played out in largely 
economic terms. Ideas and innovation are the sinews of national 
strength. Within available resources, $5,000,000 shall be 
available to combat industrial espionage and other threats to 
the intellectual property rights of manufacturers and 
researchers in the United States, subject to Section 605 of 
this Act.
    Records Management.--The Committee is aware of the October 
2002 site assessment that has been conducted for a proposed FBI 
Central Records Complex [CRC]. However, the Committee notes 
that the site-assessment report does not make a formal 
recommendation on the most appropriate location for the CRC, 
nor does it provide adequate information to determine the most 
suitable site for such a facility, particularly with regard to 
cost. Therefore, the Committee directs the FBI to undertake a 
comprehensive site-selection process to evaluate locations for 
a central records facility in low-cost regions within the Mid-
Atlantic area. In conducting its assessment, the Department is 
instructed to take into special account existing FBI facilities 
on government-owned property for additional cost savings and 
economies of scale. In addition, the Committee directs that the 
study include the steps, procedures, and findings for the site 
selection; the cost estimate for building a new facility; a 
plan for funding the facility; and an expenditure plan for the 
$10,000,000 that was included in the fiscal year 2004 Omnibus 
Appropriations bill for records management activities. Further, 
the Committee directs the FBI to evaluate locations for a 
separate backup facility for the Criminal Justice Information 
Services Division [CJIS]. The Committee directs the FBI to 
provide the Appropriations Committee with a site-selection 
report for the Central Records Complex and separate CJIS backup 
facility no later than March 1, 2005.
    Construction.--The recommendation includes a total of 
$16,376,000 for construction, including $1,242,000 in base 
resources for general operations and maintenance of FBI 
facilities, as well as an additional $15,134,000, including 
$5,893,000 credited to CT construction, for necessary 
renovations and operations and maintenance costs of the FBI 
Academy complex.
    Aviation Support.--The Committee recommendation includes, 
within available resources, $10,000,000 for the use of 
helicopters and other aviation needs, subject to Section 605 of 
this Act.
    The Committee recommendation includes bill language changes 
to transfer $2,863,000 to the Department of State for the 
Capital Security Cost Sharing Initiative to provide for safe 
and secure facilities for overseas, to cap the cost of FBI's 
technology modernization program to ensure there is sufficient 
funding to research and develop emerging technologies, and to 
release funding provided in fiscal year 2004 for the aviation 
program.

  FOREIGN TERRORIST TRACKING TASK FORCE/TERRORIST THREAT INTEGRATION 
                   CENTER/TERRORIST SCREENING CENTER

Appropriations, 2004....................................     $60,949,000
Budget estimate, 2005...................................      56,349,000
Committee recommendation................................     120,819,000

    The Committee recommends an appropriation of $120,819,000. 
The recommendation is $64,470,000 above the budget request.
    This account funds the Foreign Terrorist Tracking Task 
Force [FTTTF], the Terrorist Threat Integration Center [TTIC], 
and the Terrorist Screening Center [TSC].
    FTTTF.--The FTTTF is an independent, inter-agency data 
fusion operation working in cooperation with the FBI, but is 
not and shall not be a part of the FBI. The FTTTF stood up on 
an ad hoc basis after the terrorist attacks on September 11, 
2001, and is charged with denying terrorists entry into the 
United States and locating, detaining, prosecuting, and 
deporting terrorists that have already entered the country. The 
FTTTF's advanced networking capabilities are intended to 
eliminate the barriers that had led to past communications and 
information-sharing failures. Besides heavy Justice Department 
participation, Treasury, State, DOD, CIA, NSA, HHS, SSA, and 
OPM all have staff onboard.
    The Committee recommendation includes $56,349,000 for 
FTTTF. The Committee directs FTTTF to submit a report to the 
Committees on Appropriations not later than March 2, 2005, on 
FTTTF's current roles and responsibilities, particularly in 
relation to the Terrorist Screening Center and TTIC.
    TTIC.--TTIC is an independent agency that coordinates 
strategic analysis of threats based on intelligence from the 
FBI, CIA, DHS, DOD, and a number of other agencies. Analysts 
from each agency work side-by-side in one location to piece 
together the big picture of threats to the United States and 
our interests. TTIC analysts synthesize government-wide 
information regarding current terrorist threats and produce the 
Presidential Terrorism Threat Report for the President. The FBI 
personnel at TTIC are part of the Office of Intelligence and 
work closely with analysts at Headquarters, who in turn develop 
appropriate collection tasking and pass them to appropriation 
Field Intelligence Groups [FIG] at each of the 56 field 
offices.
    The Committee recommendation includes $35,470,000 for the 
costs of co-locating a portion of the FBI's Counterterrorism 
Division at a facility with the CIA's Counterterrorist Center 
[CTC] and TTIC. The FBI shall submit a report to the Committees 
on Appropriations not later than February 15, 2004, on the 
number and nature of the personnel moving to this facility, a 
status report of the co-location, plans for any future moves to 
this facility, as well as plans for the vacated space in 
headquarters and the impact that vacated space will have on the 
FBI's ``space crisis.''
    TSC.--The recommendation includes $29,000,000 for 
nonpersonnel expenses related to TSC. TSC is a multi-agency 
effort with the primary purpose of coordinating and 
consolidating information on known or suspected terrorists from 
TTIC, the FBI, and other Federal agencies into a single 
database. The database will be used to screen for terrorists as 
part of certain activities, such as the review of visa 
applications. TSC is staffed by members from FBI, CIA, the 
Department of State, the Department of Homeland Security, and 
other Government agencies.

                    Drug Enforcement Administration

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

Appropriations, 2004....................................  $1,584,477,000
Budget estimate, 2005...................................   1,661,503,000
Committee recommendation................................   1,645,027,000

    The Committee recommends an appropriation of 
$1,645,027,000. The recommendation is $60,550,000 above the 
fiscal year 2004 funding level and $16,476,000 below the budget 
request.
    The Committee has expressed concern over the proposal to 
collapse decision units throughout the Department because of 
the significant latitude DOJ would gain in moving funding from 
one program to another. The Department claims, however, the 
proposed consolidation would significantly improve their 
business operations without hampering Congressional reporting 
and accountability. The Committee is willing to consider the 
proposal. Accordingly, the Committee adopts the Drug 
Enforcement Administration's [DEA] proposal to consolidate its 
decision units from ten to three as a pilot for the rest of the 
Department. Based on the details provided herein, the Committee 
directs DEA to provide a spend plan by the proposed 3 decision 
units to the Committees on Appropriations not less than 30 days 
after enactment of this Act. To measure the impact of this 
change, DEA is directed to provide quarterly reports to the 
Committees on Appropriations of its obligations by prior year 
as well as proposed decision units.
    Priority Targeting.--The Committee commends DEA's efforts 
to focus on disrupting and dismantling priority targets that 
represent the ``Most Wanted'' drug supply and money laundering 
organizations believed to be primarily responsible for the 
Nation's illicit drug supply. To further such efforts, the 
Committee recommendation includes an additional $18,108,000 for 
97 additional positions for key investigative and 
infrastructure enhancements, including: $3,000,000 for the 
Special Operations Division; $4,047,000 and 3 positions for 
Investigative Technology Support; $1,173,000 and 9 positions 
for Computer Forensics Support; $1,000,000 for Aviation 
Support; and $8,888,000 for 85 positions for investigative and 
administration support.
    Concord.--Like other Federal law enforcement agencies, DEA 
has 60 separate information technology [IT] systems that must 
be mined separately for information, which is time intensive 
and inefficient. DEA, however, has found a reasonable solution. 
Since 1997, DEA has used base funding to determine the IT needs 
of field agents and support staff and to develop a prototype 
solution, which has since been named ``Concord''. Concord will 
upgrade DEA's applications and create one web browser to access 
all data. DEA has followed standard business practices by 
piloting the program and incrementally delivering solutions. 
The Committee commends DEA's efforts and includes an additional 
$8,530,000 for Concord to develop and deploy software programs 
and enhance the infrastructure to support a number of business 
functions, including case investigation, investigation support, 
evidence management, and information technology support.
    El Paso Intelligence Center.--The El Paso Intelligence 
Center [EPIC] Information System [EIS] is a database system 
comprised of tactical intelligence information from 25 distinct 
Federal, State, and commercial databases. Law enforcement 
officers, however, must go through a call center rather than 
access that information directly. Through EPIC's Open 
Connectivity Project, Federal, State, and local law enforcement 
officers will be able to send queries to EPIC via a secure 
internet connection and receive responses almost instantly. The 
Committee recommendation includes an additional $4,837,000 to 
standardize and upgrade EIS technology infrastructure to 
convert EIS to a web-based infrastructure to allow direct, 
timely, and secure Internet access to this information.
    Proposed Offsets.--The Committee recommendation includes 
the administration's proposed offsets for the Riverine Program, 
the transfer of the Drug and Chemical Diversion Control 
Decision Unit, and the annualization of the pay raise. The 
Committee recommendation does not adopt the proposal to charge 
the District of Columbia Metropolitan Police Department [MPD] 
for forensic services, and is disappointed that the 
administration proposed to offset funding increases by 
increasing the funding burden on State and local law 
enforcement.
    International Training.--In the past, DEA's international 
counter-narcotics training for foreign narcotics law 
enforcement officers has been funded through a Memorandum of 
Understanding with the Department of State. The Committee 
encourages DEA to work with the Department of State to resolve 
any concerns regarding reimbursements for this program.
    The Committee supports DEA's request for an additional 
mobile training team in support of the Sensitive Investigative 
Unit program and directs DEA to provide existing overseas 
resources for that purpose, subject to Section 605 of this Act.
    Demand Reduction Program/Integrated Drug Enforcement 
Assistance.--Through the Demand Reduction Program and 
Integrated Drug Enforcement Assistance [IDEA], the DEA provides 
outreach to local communities to ensure effective programs are 
in place to enhance enforcement and prevention. The agency's 
Demand Reduction Program is unique in that it does not conduct 
research or disburse grants. Rather, the program provides a 
Demand Reduction Coordinator to work directly with local 
communities, offering support in the development of drug 
prevention and education programs. Similarly, IDEA is a 
coordinated anti-drug initiative that combines law enforcement 
with long-term community follow-up to reduce drug demand. The 
plan involves assisting local communities with the formation of 
a coalition designed to reduce demand through prevention, 
education and treatment. The Committee acknowledges the success 
of the Demand Reduction Program and the IDEA initiative and 
recommends $8,891,000 for these two programs.
    Drug Diversion Control Fee Account.--The Committee has 
provided $154,216,000 for DEA's Drug Diversion Control Fee 
Account [DCFA]. The recommendation is $35,655,000 over the 
fiscal year 2004 funding level and equal to the request. Of 
that amount, $11,711,000 is to improve and modernize customer 
service and e-commerce; $3,482,000 is for the Internet Online 
Investigations Project; $659,000 is to enhance DEA's ability to 
respond to the regulated community and improve the management 
and financial accountability of resources; and $15,773,000 
supports the Drug and Chemical Diversion Control Decision Unit, 
previously funded under salaries and expenses, to simplify 
financial management issues and ensure a stable source of 
funding for the Program.
    The Committee recommendation includes bill language changes 
to transfer $10,153,000 to the Department of State for the 
Capital Security Cost Sharing Initiative to provide for safe 
and secure facilities for overseas, increase representational 
funds to properly support DEA's international and domestic 
cooperative activities, provide greater flexibility for 
programs that are multi-year in nature, and enable DEA to use 
unobligated balances for a Clandestine Laboratory Training 
Facility.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         SALARIES AND EXPENSES

Appropriations, 2004....................................    $827,289,000
Budget estimate, 2005...................................     868,857,000
Committee recommendation................................     890,357,000

    The Committee recommends an appropriation of $890,357,000. 
The recommendation is $63,068,000 above the fiscal year 2004 
funding level and $21,500,000 above the budget request. The 
recommendation does not include the proposed rescission of 
$1,500,000.
    The ATF is responsible for enforcing Federal laws relating 
to alcohol, tobacco, firearms, explosives, and arson and 
regulations relating to firearms, explosives and arson.
    Safe Explosives Act.--The Homeland Security Act of 2002 
includes a provision, known as the Safe Explosives Act, that 
amends Title XI of the Organized Crime Control Act of 1970. The 
Safe Explosives Act requires that all persons who wish to 
obtain explosives, even for limited use, must obtain a Federal 
license or permit and restricts the ability of felons and other 
prohibited persons from receiving or possessing explosive 
materials. The Act also increases qualifications for licensing 
and permits to include fingerprints, photographs, and 
identifying information to conduct criminal history background 
checks on all applicants. As the law enforcement agency with 
the most training and experience with explosives, ATF is 
charged with implementing and enforcing this Act.
    There has been a large increase in the criminal misuse of 
explosives, much of which has led to or resulted in acts of 
terrorism. Therefore, the Committee recommendation includes 
$17,113,000 for the creation and operation of four specialized 
explosives groups. These groups shall be strategically located 
throughout the United States based on a thorough threat and 
workload assessment conducted by the Bureau. These groups will 
be responsible for investigating the misuse and trafficking of 
explosives, increasing inspection efforts for high-risk 
explosives licensees, and increasing forensic support to 
explosives investigations with the goal of proactively 
preventing explosives crimes and acts of terrorism.
    Project Safe Neighborhood/Youth Crime Gun Interdiction 
Initiative.--The Committee recommendation includes $16,182,000 
to enhance the Project Safe Neighborhood/Youth Gun Crime 
Interdiction Initiative [YCGII]. This additional funding will 
allow the program to expand to 20 additional cities.
    Access 2000 Program.--The Committee is aware that the 
Access 2000 program was initiated by ATF to improve the 
efficiency of and reduce the costs associated with firearms 
tracing incurred by Federal Firearms Licensees [FFLs]. ATF and 
FFL importers, manufacturers, and wholesalers form a 
partnership in this effort. FFLs take their data from their 
mainframe computer and import the data into a stand-alone 
server provided by the ATF. The National Tracing Center [NTC] 
is connected to this server remotely by secure dial-up and 
obtains information on a firearm that is subject to a firearms 
trace. The Committee supports this program, which reduces 
administrative burdens from the FFL and allows the ATF around 
the clock access to the records. The ATF currently has 36 
Access 2000 partners. This Committee encourages the ATF to 
place more emphasis on this program and expand the number of 
partners to the greatest extent possible.
    Special Response Teams.--The Committee is aware of the 
extremely important role Special Response Teams [SRT] play in 
the enforcement of our Nation's laws. The Bureau has four teams 
organized throughout the United States. Due to the personnel 
limitations within the Bureau, the four SRTs are predominately 
made up of special agents that maintain a full case load on the 
street and train to maintain the highly specialized skills 
required to qualify for an SRT position. The Committee lauds 
these special agents and the extraordinary dedication to the 
mission of the ATF they display in order to ensure these teams 
are effective, safe, and successful. The Committee also 
acknowledges the outstanding service the unique human scent/
tactical K-9 program has provided in support of the Special 
Response Teams. The Committee urges the ATF to train at least 
two additional K-9s so as to equip each SRT with full time 
support.
    The Committee recommendation includes new bill language 
transferring $106,000 to the Department of State for the 
Capital Security Cost Sharing Initiative to provide for safe 
and secure United States diplomatic facilities overseas.
    Conversion of Records.--The Committee recognizes the need 
for the ATF to begin converting tens of thousands of existing 
Federal firearms dealer out-of-business records from film to 
digital images at the ATF National Tracing Center [NTC]. Once 
the out-of-business records are fully converted, the search 
time for these records will be reduced to an average of 5 
minutes per search from the current average of 45 minutes per 
search. This significant time savings will ultimately reduce 
overall costs and increase efficiency at the NTC. Therefore, 
the Committee recommendation includes $4,200,000 for the ATF to 
hire additional contract personnel to begin this conversion.

                         Federal Prison System

    The Committee recommends a total of $4,820,089,000 for the 
Federal Prison System [BOP]. The recommendation is $8,868,000 
above the fiscal year 2004 funding level and $110,428,000 above 
the budget request.

                         SALARIES AND EXPENSES

Appropriations, 2004....................................  $4,414,313,000
Budget estimate, 2005...................................   4,706,232,000
Committee recommendation................................   4,627,696,000

    The Committee recommends an appropriation of 
$4,627,696,000. The recommendation is $213,383,000 above the 
fiscal year 2004 funding level and $78,536,000 below the budget 
request. This recommendation shall be expended in the following 
manner:

                          SALARIES AND EXPENSES
                        [In thousands of dollars]
------------------------------------------------------------------------

------------------------------------------------------------------------
Inmate Care and Programs..............................         1,703,235
Institution Security and Administration...............         2,168,212
Contract Confinement..................................           586,948
Management and Administration.........................           169,301
                                                       -----------------
      Total, Salaries and Expenses....................         4,627,696
------------------------------------------------------------------------

    Activation of New Prison Facilities.--The Committee 
recommendation includes funding for the activation of 12 new 
facilities, which will add 13,952 beds. This Committee defines 
``activation'' as open and receiving prisoners.

                   ACTIVATION OF NEW PRISON FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------

------------------------------------------------------------------------
Victorville, CA FCI (1,152 beds)........................          35,055
Williamsburg, SC FCI (1,280 beds).......................          34,456
Forrest City, AR FCI (1,152 beds).......................          32,892
Canaan, PA USP (1,088 beds).............................          35,299
Hazelton, WV USP (1,088 beds)...........................          41,000
Herlong/Sierra, CA FCI (1,280 beds).....................          34,833
Yazoo City, MS FCI (1,152 beds).........................          51,297
Bennettsville, SC FCI (1,280 beds)......................          43,158
Terre Haute, IN USP (960 beds)..........................          35,043
Coleman, FL USP (960 beds)..............................          23,509
Beckley, WV FCI (1,280 beds)............................          41,000
Gilmer, WV FCI (1,280 beds).............................          41,000
                                                         ---------------
      Total, Activations (13,952 beds)..................         448,542

------------------------------------------------------------------------

    The Committee directs the Bureau of Prisons to move forward 
with the Mid-Atlantic prison at Hazelton, West Virginia, for 
which $5,000,000 was made available in the fiscal year 2001 
Omnibus Act for site investigation and planning activities.
    Female Inmates.--The Committee understands the BOP is 
working on a long-term plan for housing female inmates which 
has been requested previously. The BOP shall report the details 
of this plan to the Committees on Appropriations within 30 days 
of enactment of this Act.
    The Committee commends the BOP on its work to address and 
prevent sexual misconduct. With funds provided in earlier 
appropriations Acts, the National Institute of Corrections has 
made useful progress in providing training and technical 
support to correctional systems throughout the country to 
eliminate staff sexual misconduct with inmates, training in 
investigating cases, and training ``trainers'' in order that 
employees at every level will be more aware of, and better 
prepared to deal with, these cases. The Committee directs the 
BOP to continue these efforts and to report to the Committee by 
March 31, 2005 on progress made in this area.
    Bed Space Requirements.--The Committee has provided an 
increase of $8,000,000 for meeting bed space demands through 
the use of private sector contract confinement.
    Joint Bureau of Prison/Judiciary Pilot Program.--To promote 
fiscal best practices through cost efficient rededication of 
government resources, the Bureau of Prisons shall implement a 
pilot program in the Southern District of Florida which would 
allow the Federal Public Defender to transfer government 
computers to the local detention facility for use by indigent 
defendants to review electronic discovery. These computers will 
be dedicated to indigent defense matters according to schedules 
and protocols developed by the staff of the local facility in 
consultation with the Federal Defender and the District Court's 
Criminal Justice Act Selection Committee.
    Medical Records System.--The Committee is aware that the 
Bureau of Prisons uses an antiquated non-digitized medical 
records system that suffers from a lack of continuity of 
information as prisoners are transferred among various 
facilities. The Committee requests the Department to examine 
the costs, benefits, risks, and potential savings from 
improving their medical record system, including an analysis of 
using commercially available software. The Committee directs 
the Department to issue a report on their findings no later 
than 90 days after the enactment of this bill.

                        BUILDINGS AND FACILITIES

Appropriations, 2004....................................    $393,515,000
Budget estimate, 2005...................................................
Committee recommendation................................     189,000,000

    The Committee recommends a total of $189,000,000 for the 
construction, modernization, maintenance, and repair of prison 
and detention facilities housing Federal prisoners. The 
recommendation is $204,515,000 below the fiscal year 2004 
funding level and $189,000,000 above the budget request.
    The Committee continues to strongly support the BOP's 
construction program, which is designed to provide sufficient 
inmate beds to manage overcrowding in facilities and maintain 
them in a safe and secure manner for staff, inmates and 
surrounding communities.
    The Committee recommendation includes funding for 
facilities with prior year funding as follows:

                        BUILDINGS AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------

------------------------------------------------------------------------
Mendota, CA.............................................              52
------------------------------------------------------------------------

    The Committee denies the decreases to activations and new 
construction as proposed in the fiscal year 2005 budget 
request. The Committee reiterates the direction in the 
conference report to the fiscal year 2004 Appropriations Act 
that, ``No funds appropriated for the Federal Prison System in 
this or prior Appropriations Acts for the construction of new 
facilities may be rescinded or cancelled.'' The BOP shall move 
forward with all current projects as planned. The BOP shall 
comply with this direction in all future budget submissions. 
Bill language is included clarifying that the BOP may not 
transfer Building and Facilities appropriations to cover 
Salaries and Expenses costs.

                Federal Prison Industries, Incorporated

                (LIMITATION ON ADMINISTRATIVE EXPENSES)

Appropriations, 2004....................................      $3,393,000
Budget estimate, 2005...................................       3,429,000
Committee recommendation................................       3,393,000

    This Committee recommends a limitation on administrative 
expenses of $3,393,000 for the Federal Prison Industries, Inc. 
The recommendation is identical to the fiscal year 2004 funding 
level and $36,000 below the budget request.
    The Committee continues to strongly support Federal Prison 
Industries [UNICOR] and recognizes its importance in the 
efficient and safe management of Federal prisons. UNICOR 
provides prison inmates with the opportunity to learn important 
work habits, participate in meaningful employment which keeps 
them productively occupied during work hours, and develop 
improved job skills which reduces recidivism. The Committee 
also recognizes the necessity for UNICOR to grow as the inmate 
population increases.

                       Office of Justice Programs

Appropriations, 2004....................................  $3,114,907,000
Budget estimate, 2005...................................   1,763,865,000
Committee recommendation................................   2,575,332,000

    The Committee recommends an appropriation of $2,575,332,000 
for the Office of Justice Programs [OJP]. The recommendation is 
$811,467,000 above the budget request.
    The Committee continues to be concerned with the merger of 
the Byrne Grant program and Local Law Enforcement Block Grant 
program at a significantly reduced funding level.

                           JUSTICE ASSISTANCE

Appropriations, 2004....................................    $188,124,000
Budget estimate, 2005...................................   1,710,664,000
Committee recommendation................................     210,875,000

    The Committee recommends an appropriation of $210,875,000. 
The recommendation is $22,751,000 above the fiscal year 2004 
funding level and $1,499,789,000 below the budget request.
    The Committee recommendations are displayed in the 
following table:

                           JUSTICE ASSISTANCE
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Committee
                                                         recommendation
------------------------------------------------------------------------
National Institute of Justice........................            63,350
    Office of Science and Technology.................           [20,000]
    The National Law Enforcement and Corrections                [21,000]
     Technology Centers..............................
    Social Science Research and Evaluation...........           [10,000]
    Counterterrorism Research and Development........            [7,000]
Bureau of Justice Statistics.........................            40,125
Missing Children.....................................            42,400
Regional Information Sharing System..................            40,000
Management and Administration........................            25,000
                                                      ------------------
      Total, Justice Assistance......................           210,875
------------------------------------------------------------------------

    National Institute of Justice.--The Committee is concerned 
with National Institute of Justice's [NIJ] current staffing 
levels. The Committee understands the current staffing level is 
75 of the 84 authorized. The Committee directs NIJ to submit 
monthly staffing reports, as well as a management plan for the 
hiring and retention of staff, within 90 days of the enactment 
of this Act.
    Office of Science and Technology.--The Committee continues 
to support the efforts of the leadership of the NIJ's Office of 
Science and Technology [OS&T] and the continuing partnership 
that OS&T has developed with the National Institute of 
Standards and Technology [NIST]. To implement the mission of 
OS&T, the Committee recommends $20,000,000 for OS&T, of which 
$3,000,000 is provided for the Advanced Generation of 
Interoperability for Law Enforcement [AGILE].
    Counterterrorism Research and Development.--The Committee 
recommends $7,000,000 for counterterrorism research and 
development. The Committee understands that NIJ is 
collaborating with many partners, including technical working 
groups and other Federal agencies. The Committee directs NIJ to 
submit a spending plan to the Committees on Appropriations, 
within 90 days of the enactment of this Act.
    National Law Enforcement and Corrections Technology 
Centers.--The National Law Enforcement and Corrections 
Technology Centers [NLECTC] have served a vital role for State, 
and local law enforcement and corrections communities by 
responding to the needs of the justice community through 
transferring, introducing, and implementing technologies; 
assisting in the development and dissemination of guidelines 
and technological standards; and providing technology 
assistance, information, and support for law enforcement, 
corrections, and criminal justice purposes. The Committee 
continues to strongly support the NLECTC system run by the NIJ 
and therefore recommends $21,000,000 to continue its efforts. 
Of the amount provided, the Committee directs that funds be 
distributed to the Centers in the following manner:

     THE NATIONAL LAW ENFORCEMENT AND CORRECTIONS TECHNOLOGY CENTERS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                                Amount
------------------------------------------------------------------------
Northeast Regional Center..................................        3,000
Southeast Regional Center..................................        3,000
Rocky Mountain Regional Center.............................        3,000
Western Regional Center....................................        3,000
National Center............................................        3,000
Northwest Center...........................................        3,000
Technology Specialty Centers...............................        3,000
                                                            ------------
      Total, Regional and Specialty Centers................       21,000
------------------------------------------------------------------------

    The Committee understands NIJ has proposed a management 
plan which realigns NLECTC activities to reflect the research 
and development cycle used throughout the Federal Government 
and NIJ. The proposed goal of this management plan is to 
provide a greater role in: (1) developing operational 
requirements for technology development programs; (2) testing 
and evaluating technology solutions against operational 
requirements and for effectiveness in practice; and (3) 
supporting the adoption of emerging technologies by law 
enforcement, corrections, and forensic science practitioners. 
NIJ is directed to submit to the Committees on Appropriations 
this new management plan within 60 days of the enactment of 
this Act. Further, NIJ is not to implement any changes outlined 
in the plan until the plan has been submitted to and reviewed 
by the Committees on Appropriations.
    In addition to the above activities, within the amounts 
provided, NIJ is to provide grants for the following projects:
  --$4,500,000 for the National Crime Prevention Council 
        (McGruff Program); and
  --$850,000 for the Mistral Security Non-Toxic Drug Detention 
        and Identification Aerosol Technology.
    Bureau of Justice Statistics.--The Committee recommends an 
appropriation of $32,125,000 for the Bureau of Justice 
Statistics [BJS] which is identical to the fiscal year 2004 
appropriation. Of the funds provided for BJS, $2,000,000 shall 
be utilized for the National Crime Victimization Survey [NCVS] 
conversion. This funding supports the continuation of 
converting the NCVS from primarily a paper and pencil [PAPI] 
operation to a fully automated data collection operation.
    Victim Notification System.--The Committee understands that 
the Crime Victims Fund provides $5,000,000 for the Executive 
Office of the United States Attorneys to operate a Victim 
Notification System for crimes being prosecuted by the Federal 
Government. The Committee recommends $8,000,000 for the Bureau 
of Justice Assistance to launch a new grant program for States 
automated victim notification programs. No funding can be 
utilized from the Victims Assistance Program for this 
initiative and funds provided under this heading require a 50 
percent match from State, local, or private sources.
    Missing Children Program.--The issue of child exploitation 
has been raised to the forefront of the national conscience due 
to the strings of child pornography and missing children cases 
that have been highlighted in the media over the last few 
months. The Committee continues to strongly support the Missing 
and Exploited Children Program run by the Bureau of Justice 
Assistance. The Committee recommends $42,400,000 to continue 
and expand efforts to protect the Nation's children, especially 
in the areas of locating missing children, and to address the 
growing wave of child sexual exploitation found on the 
Internet.
    Within the amounts provided, the Committee recommends the 
following:
    (1) $12,500,000 for the Internet Crimes Against Children 
[ICAC] Task Forces. Policing of cyberspace presents new and 
unique challenges for American law enforcement. Cyberspace is 
an arena where traditional boundaries are ignored and the usual 
constraints of time, place, and distance lose their controlling 
influence. The Committee strongly supports the efforts of the 
ICAC Task Forces in encouraging communities to adopt 
multidisciplinary, multi-jurisdictional responses to Internet 
crimes against children. Further, the Committee commends the 
level of commitment to these task forces by the Administrator 
of the Office of Juvenile Justice and Delinquency Prevention;
    (2) $26,900,000 for the National Center for Missing and 
Exploited Children [NCMEC]. The NCMEC is the clearinghouse and 
national resource center regarding the issue of missing and 
exploited children. Of the funds appropriated for the NCMEC, 
$1,000,000 is for NCMEC's Lost Child Alert Technology Resource 
[LOCATER] program; $2,250,000 is for NCMEC's NETSMARTZ program; 
$1,650,000 is for the expansion and enhancement of the Child 
Recognition and Identification System [CRIS]; and $2,000,000 is 
for NECMEC's Team Adam initiative; and
    (3) $3,000,000 for the Jimmy Ryce Law Enforcement Training 
Center.
    Regional Information Sharing System.--The Committee 
recommends an appropriation of $40,000,000. The Committee 
strongly supports the Regional Information Sharing System's 
[RISS] leadership role in implementing the National Criminal 
Intelligence Sharing Plan. In particular, the Committee is 
pleased with RISS's efforts in promoting collaboration between 
Federal, State, and local agencies through information sharing, 
especially in the exchange of antiterrorism information. 
Furthermore, the Committee commends support provided by BJA for 
RISS.
    Management and Administration.--The Committee recommends an 
appropriation of $25,000,000 for the management and 
administration of OJP's programs. This appropriation reflects a 
$10,000,000 reduction due to the transfer of the Office of 
Violence Against Women [OVW] out of OJP.
    The Committee directs OJP to submit a financial plan to the 
Committees on Appropriations outlining their reimbursable 
agreement with OVW within 60 days of the enactment of this Act.
    The Committee understands that OJP processes Office of 
Domestic Preparedness [ODP] grants. The Committee directs OJP 
to submit a report to the Committees on Appropriations 
regarding the administrative charges it collects from ODP as 
well as those collected from the processing of grants for any 
other agency outside of the Department of Justice, no later 
than 60 days after the enactment of this Act. Also, the 
Committee directs OJP to submit a financial plan to the 
Committees on Appropriations, within 60 days of the enactment 
of this Act, outlining the level of funding individual programs 
will be contributing for management and administration.

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

Appropriations, 2004....................................  $1,335,971,000
Budget estimate, 2005...................................................
Committee recommendation................................   1,117,919,000

    The Committee recommends an appropriation of 
$1,117,919,000. The recommendation is $1,117,919,000 above the 
budget request.
    The Committee recommendations are displayed in the 
following table:

                     STATE AND LOCAL LAW ENFORCEMENT
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Committee
                                                         recommendation
------------------------------------------------------------------------
Local Law Enforcement Block Grant....................           150,000
    Boys and Girls Clubs.............................           [85,000]
    Law Enforcement Technology.......................           [10,000]
State Criminal Alien Assistance Program..............           250,000
    Southwest Border Prosecutor Initiative...........           [30,000]
Indian Assistance....................................            18,000
Byrne Grants:
    Formula..........................................           500,000
    Discretionary....................................           117,969
Drug Courts..........................................            40,000
Residential Substance Abuse Treatment................            25,000
Safe Return Program..................................               850
Law Enforcement Family Support Programs..............             2,000
Senior Citizens Against Marketing Scams..............             2,000
Motor Vehicle Theft Prevention.......................               100
State and Local Training.............................             1,000
State and Local Anti-Terrorism Training [SLATT]......            11,000
                                                      ------------------
      Total, State and Local Law Enforcement                  1,117,919
       Assistance....................................
------------------------------------------------------------------------

    Indian Country Grants.--The recommendation provides 
$18,000,000 for Indian Country grants. As in past years, the 
Committee acknowledges the success that the Comprehensive 
Indian Resources for Community Law Enforcement [CIRCLE] 
initiative is having and urges the Department to continue to 
work on ways to expand CIRCLE.
    Within the amount provided, the Committee directs that a 
grant be provided for the following prison construction 
project:
  --$400,000 to the Sisseton Wahpeton Sioux Tribe, Agency 
        Village, South Dakota for the planning and design of a 
        new detention facility.
    Edward Byrne Grants to States.--Within the amount provided 
for Byrne discretionary grants, the Committee expects the 
Bureau of Justice Assistance to review the following proposals 
and provide grants if warranted:
  --$700,000 for the Alabama Bureau of Investigation's Missing 
        Children's Program;
  --$1,000,000 for the Alaska Native Justice Center restorative 
        justice programs;
  --$2,000,000 for the Alaskan Rural Prosecution Unit;
  --$1,100,000 for the Alcohol Interdiction in Alaska for 
        bootlegging crimes;
  --$500,000 for the Arkansas Wireless Information Network;
  --$400,000 for the Arlington, VA, County Sheriff's Office for 
        a pilot program to test a geo-location network;
  --$1,500,000 for the Baltimore City Operation Safe Streets;
  --$350,000 for the Biloxi, MS, Police Department Technical 
        Bomb Squad;
  --$300,000 for the Oglala Sioux Tribe judicial system in Pine 
        Ridge, SD;
  --$250,000 for the Carbon County Drug Enforcement, UT;
  --$950,000 for the Chicago Project for Violence Prevention to 
        expand Ceasefire;
  --$500,000 for the Center for Behavioral Health Research 
        [CABHR] Jail Initiative, WI;
  --$750,000 for the Center on Domestic Violence at CU-Denver, 
        CO;
  --$700,000 for the Charleston, SC, County Visual 
        Technologies;
  --$150,000 for the technology and equipment for the Cheyenne 
        River Sioux Tribe Police Department in Eagle Butte, SD;
  --$2,000,000 for the Child Safe Personalized Weapon, New 
        Jersey's Institute of Technology;
  --$2,800,000 for the City of North Charleston, SC, Law 
        Enforcement Training Center;
  --$230,000 for the City of Philadelphia's Operation Safe 
        Streets;
  --$100,000 for the City of Xenia, OH, Police Division 
        Internet Child Protection Unit;
  --$3,900,000 for the Consolidated Advanced Technology 
        Laboratory at UNH;
  --$1,000,000 for the Dispute Resolution program at Faulkner 
        University, AL;
  --$300,000 for the Family Re-Entry, Inc., prisoner reentry 
        pilot program in Bridgeport, CT;
  --$750,000 for the Fort Bend and Harris County, TX, Anti-Drug 
        Initiative;
  --$500,000 for the further testing and evaluation of TACSCAN 
        system;
  --$150,000 for the Hampshire County, MA, Triad;
  --$550,000 for the Henderson Emergency Operations Center, NV;
  --$765,000 for the Highway Interdiction Team, IA;
  --$890,000 for the Holyoke Community College, information 
        security system;
  --$650,000 for the National Center for Victims of Crime and 
        INFOLINK;
  --$250,000 for the Pacific Institute for Research and 
        Evaluation [PIRE];
  --$10,000,000 for the Institute for Security Technology 
        Studies, NH;
  --$1,500,000 for the Center for Task Force Training;
  --$2,250,000 for the Jackson, MS, Public Safety Automated 
        Technologies--Equipment;
  --$500,000 for the Kansas City Swope Parkway, MO;
  --$500,000 for the University of Nebraska at Kearney 
        Polygraph Credibility Project;
  --$400,000 for the Leadership Institute in Judicial 
        Education, University of Memphis;
  --$1,250,000 for the Clearwater Economic Development 
        Association, ID, for the Idaho-Montana Lewis and Clark 
        Bicentennial Bi-State Safety Project;
  --$1,000,000 for the Mental Health Courts;
  --$1,200,000 for the Methamphetamine Jail Treatment, IA;
  --$100,000 for the Millerstown Borough Police Department, 
        Perry County, PA;
  --$950,000 for the Milwaukee Co., WI Judicial Oversight 
        Demonstration Initiative;
  --$500,000 for the Milwaukee, WI, Community Partners;
  --$700,000 for the Alabama Bureau of Investigation's Missing 
        Children Program;
  --$1,000,000 for the Mississippi State University--Computer 
        Crime Prosecution Initiative;
  --$200,000 for the Montana Family Drug Court and Juvenile 
        Drug Courts;
  --$4,750,000 for the National Advocacy Center/National 
        District Attorneys Association;
  --$150,000 for the National Association of Promoting Success;
  --$2,000,000 for the Southeast National Law Enforcement and 
        Technology Center for incident mapping and analysis 
        program;
  --$3,300,000 for the Monterey County, California, Street 
        Violence and Anti-gang Project;
  --$3,000,000 for the National Fatherhood Initiative;
  --$180,000 for the National Megan's Law Helpline;
  --$150,000 for the Native Americans Into Law Program;
  --$650,000 for the New Hampshire Cyber Crime Initiative;
  --$500,000 for the New School University's Institute for 
        Legislative Drafting;
  --$1,000,000 for the National Child Protection Training;
  --$51,000 for the NH Dept of Safety evidence storage 
        expansion;
  --$250,000 for the NH Police Standards and Training distance 
        learning expansion;
  --$425,000 for the Oglala Sioux Tribe Judicial System 
        operations;
  --$1,500,000 for Operation Streetsweeper;
  --$500,000 for the New Orleans District Attorney's Office for 
        system upgrades;
  --$250,000 for the Partners for Downtown Progress, AK;
  --$150,000 for the Phoenix House Treatment Center, MA;
  --$350,000 for the Turtle Mountain Community College, ND, 
        Project Peacemaker;
  --$3,000,000 for the Public Private Ventures, of which 
        $1,000,000 is for the National Center on Neighborhood 
        Enterprise, of which up to 5 percent may be used by 
        Public Private for the purpose of enhanced 
        Accountability and rigorous evaluation of the Violence 
        Free Zone project;
  --$500,000 for the Reducing Family Violence through Workplace 
        Interventions, University of Arkansas;
  --$500,000 for the Rhode Island Family Treatment Drug Court 
        program;
  --$1,000,000 for the Ridgelend Police Department radios and 
        equipment;
  --$750,000 for the Rosebud Sioux Tribe, SD, Judicial System 
        operations;
  --$850,000 for the San Diego, CA, Crisis Intervention 
        Response Teams;
  --$2,000,000 for SEARCH Technical Assistance;
  --$14,593,000 for the South Carolina Judicial Department case 
        docket system;
  --$200,000 for the South Central Alaska Search and Rescue 
        Training Project for the Alaska Police Department;
  --$200,000 for the South Dakota Network Against Family 
        Violence & Sexual Assault;
  --$210,000 for the Alaska Statewide DARE coordinator and 
        implementation of new DARE curriculum;
  --$150,000 for equipment for the Tchula, MS, Police 
        Department;
  --$640,400 for technology improvements at NH Department of 
        Motor Vehicles;
  --$4,000,000 for the continuation of the J-ONE information 
        sharing system in NH;
  --$900,000 for the Texas Medical Center in Houston, TX, 
        Emergency Operations Center;
  --$400,000 for the Bodega Association of NYC;
  --$2,000,000 for the Tools for Tolerance Program, NY;
  --$750,000 for the University of Connecticut Breaking the 
        Cycle of Behavioral Health Problems and Crime study;
  --$65,000 for the University of Delaware Center for Drug and 
        Alcohol Studies to conduct a statewide survey of 
        delinquent and high risk behaviors;
  --$1,500,000 for the University of Kentucky Rural Drug 
        Prosecution Assistance Project;
  --$700,000 for the University of Louisville Effects of 
        Collaboration Team Intervention on Child Well Being;
  --$3,300,000 for the University of Mississippi National 
        Center for Justice and the Rule of Law;
  --$500,000 for the University of Mississippi TechLaw to offer 
        police online training;
  --$1,000,000 for the Gulf Coast, LA, Computer Forensic 
        Laboratory;
  --$50,000 for the UNLV Boyd School of Law Immigration Clinic;
  --$50,000 for the UNR Grant Sawyer Center for Justice 
        Studies;
  --$500,000 for the USC Center for Prosecutorial Ethics;
  --$400,000 for the Institutional Security Program and the 
        University of Southern Mississippi;
  --$275,000 for the University of Southern Mississippi's Rural 
        Law Enforcement Training Initiative;
  --$200,000 for the Violent Crimes Fugitive Task Force, MT;
  --$2,750,000 for the Washington Public Building Mapping 
        System;
  --$1,000,000 for the Washington State Department of 
        Corrections Electronic Fingerprint Criminal Background 
        Check;
  --$1,500,000 for the Worcester Polytechnic Institute, MA, for 
        the development of law enforcement technologies;
  --$2,000,000 for the Richland County Sheriff's Office 
        Carolina Regional Fugitive Task Force;
  --$28,900 for the Mineral County, Nevada, Sheriffs Office;
  --$400,000 for the City of Pascagula, MS for law enforcement 
        technology; and
  --$250,000 for the City of Richton for the police department.
    Drug Courts.--The Committee recommends an appropriation of 
$40,000,000. The Committee notes that localities can also 
access funding for drug courts from the Local Law Enforcement 
Block Grants.

                         WEED AND SEED PROGRAM

Appropriations, 2004....................................     $57,926,000
Budget estimate, 2005...................................      53,265,000
Committee recommendation................................      62,000,000

    The Committee recommends an appropriation of $62,000,000. 
The recommendation is $4,074,000 above the fiscal year 2004 
funding level and $8,735,000 above the budget request. Of the 
funds appropriated for Weed and Seed, $2,000,000 shall be 
directed for comprehensive community development training and 
technical assistance.

                  COMMUNITY ORIENTED POLICING SERVICES

Appropriations, 2004....................................    $748,324,000
Budget estimate, 2005...................................      43,618,000
Committee recommendation................................     755,969,000

    The Committee recommends an appropriation of $755,969,000. 
The recommendation is $7,645,000 above the fiscal year 2004 
funding level and $712,351,000 above the budget request.
    The Committee is concerned by the Department of Justice's 
continued attempts to diminish the ability of the Community 
Oriented Policing Services [COPS] office to accomplish its 
mission. The mission of the COPS office is to advance community 
policing practices within law enforcement agencies and to 
significantly improve public safety in neighborhoods throughout 
the country through partnerships with communities, policing 
agencies, and other public and private organizations. 
Additionally, local law enforcement plays a critical role in 
preventing and responding to terrorist threats. Since its 
creation, the COPS office has assisted local law enforcement 
agencies by providing grants, training and technical assistance 
that not only ensure public safety from traditional crime but 
also better enables law enforcement officers to address the 
growing threat from terrorist organizations.
    Of particular concern to the Committee is the Department's 
continued insistence on understaffing the COPS office and the 
significant negative impact this inadequate staffing level can 
have on services as a result. The Committee understands that 
the current staffing level is only 152 of the 235 authorized 
(65 percent manning). The Committee also understands that the 
office needs a minimum of 200 personnel to maintain the current 
quality services the States have come to expect from this 
office. Therefore, the Committee directs the COPS office to 
develop a plan to relieve this personnel shortage and report 
back to the Committees on Appropriations no later than 60 days 
after the enactment of this Act.
    The Committee recommendations are displayed in the 
following table:

                  COMMUNITY ORIENTED POLICING SERVICES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                          recommendation
------------------------------------------------------------------------
Public Safety and Community Policing Programs..........         315,000
    Hiring.............................................        [180,000]
        Training and Technical Assistance..............         [20,000]
    Bullet Proof Vest Grant Program....................         [25,000]
    Indian Country.....................................         [20,000]
    Meth Hot Spots.....................................         [55,000]
    Police Corps.......................................         [15,000]
Crime Fighting Technology Programs.....................         365,969
    Law Enforcement Technology Program.................        [110,969]
    Interoperable Communications Technology Program....        [100,000]
    Crime Identification Technology Act................         [35,000]
    DNA Backlog Elimination/Crime Lab Improvement              [120,000]
     Program...........................................
Prosecution Assistance.................................          15,000
    Gun Violence Reduction.............................         [15,000]
Community Crime Prevention.............................          25,000
    Offender Re-entry Program..........................          [5,000]
    Safe Schools Initiative............................          [5,000]
    Police Integrity Program...........................         [15,000]
Management and Administration..........................          35,000
                                                        ----------------
      Total, Community Oriented Policing Services......         755,969
------------------------------------------------------------------------

    The Committee expects to be consulted prior to any 
deviation from the above plan.

             PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS

    Hiring Program.--The recommendation includes $180,000,000, 
of which $90,000,000 is for the hiring of school resource 
officers.
    Bullet-proof Vests Grant Program.--Of the $25,000,000 
provided, such sums as may be necessary are for NIST's Office 
of Law Enforcement Standards [OLES] to continue supporting the 
ballistic resistant and stab resistant material compliance 
testing programs, as well as for other technical support 
related to public safety weapons and protective systems.
    Indian Country.--The Committee recommends that 5 percent of 
the COPS funds be provided directly to tribal judicial systems 
to assist Tribal Courts with the caseload associated with 
increased arrests as a result of more stringent tribal law 
enforcement.
    Methamphetamine Enforcement and Clean-Up.--The Committee 
recommends $55,000,000 for State and local law enforcement 
programs to combat methamphetamine production and distribution, 
to target drug ``hot spots'', and to remove and dispose of 
hazardous materials at clandestine methamphetamine labs. The 
Committee recommendation includes $10,000,000 to reimburse the 
Drug Enforcement Administration for assistance to State and 
local law enforcement for proper removal and disposal of 
hazardous materials at clandestine methamphetamine labs. Within 
the amounts provided, the Department is expected to review, in 
consultation with DEA, the following proposals, provide grants 
if warranted, and report to the Committees on its intentions:
  --$300,000 for the Anhydrous Ammonia Nurse Tank Locks in IA;
  --$3,000,000 for the California Methamphetamine Strategy 
        [CALMS];
  --$400,000 for the Clackamas Meth Initiative: Community 
        Prosecution in OR;
  --$200,000 for the Combined Ozarks Multi-Jurisdictional 
        Enforcement Team [COMET] in MO;
  --$6,000,000 for the Comprehensive Methamphetamine Response 
        in HI;
  --$60,000 for the Coos and Curry Co. METH Reduction, OR;
  --$300,000 for the COPS Methamphetamine Drug Hot Spots 
        Program in AR;
  --$1,500,000 for the Five County Northern UT Methamphetamine 
        Project;
  --$1,000,000 for the Wisconsin I Methamphetamine Law 
        Enforcement Initiative;
  --$125,000 for the Jackson County Methamphetamine Clean-Up in 
        MS;
  --$400,000 for the Jackson County Mississippi Sheriff's 
        Department--Narcotics Task Force/Technology;
  --$375,000 for the Jefferson County, Colorado, 
        Methamphetamine Interdiction & Response;
  --$350,000 for the Kansas Methamphetamine Prevention Project;
  --$500,000 for the Louisiana Methamphetamine Task Force;
  --$500,000 for the Louisiana, New Orleans Methamphetamine 
        Task Force;
  --$1,500,000 for the Maricopa County Arizona Meth Funding;
  --$375,000 for the Methamphetamine Addiction in MT;
  --$1,500,000 for the Methamphetamine Clandestine Lab Task 
        Force in IA;
  --$100,000 for Methamphetamine Education and Training for the 
        Arkansas Law Enforcement Community;
  --$500,000 for Methamphetamine Enforcement, Indiana State 
        Police;
  --$1,500,000 for the Methamphetamine Montana Initiative;
  --$2,000,000 for the Methamphetamine Task Force in East TN;
  --$600,000 for the Minnehaha County Sheriff for the South 
        Dakota Sheriffs Meth Relief Task Force;
  --$1,000,000 for the Minot State University Rural 
        Methamphetamine Education Demonstration Project in 
        North Dakota;
  --$1,250,000 for the Mississippi Bureau of Narcotics--
        Methamphetamine Enforcement;
  --$1,875,000 for the MoSmart Board, MO;
  --$250,000 for the North Carolina Attorney General Office 
        Meth Program;
  --$500,000 for the North Carolina U.S. District Attorneys 
        Meth;
  --$2,390,000 for the State of Minnesota's Methamphetamine Hot 
        Spots Initiative;
  --$1,100,000 for the Statewide Drug Enforcement and Lab 
        Equipment in NE;
  --$2,500,000 for the Vermont Drug Task Force;
  --$2,000,000 for the Washington State Methamphetamine 
        Initiative; and
  --$26,000 for the Wright County Drug Mobile Command.

                  CRIME-FIGHTING TECHNOLOGIES PROGRAMS

    Law Enforcement Technology Program.--Within the amount 
provided, the COPS office should examine each of the following 
proposals, provide grants if warranted, and submit a report to 
the Committees on its intentions for each proposal:
  --$500,000 for the Alachua County/City of Gainesville, FL, 
        Enforcement Communications Upgrade;
  --$500,000 for the Andover, KS, police technology equipment;
  --$200,000 for the Arkansas Crime Information Center, Project 
        Safe-Source;
  --$2,000,000 for the Arkansas State Police Automated 
        Fingerprint Identification System;
  --$100,000 for the Bellows Falls, VT, Police Technology 
        Grant;
  --$500,000 for the Bismarck ND, Memorial Training Complex;
  --$100,000 for the Borough of Waynesboro, Franklin County, 
        PA;
  --$200,000 for the Boulder City, NV, Wireless Communications 
        Canopy;
  --$500,000 for the Burlington, VT, Police Technology Grant;
  --$1,750,000 for the Camden County, NJ, Law Enforcement 
        Technology;
  --$600,000 for the Cheyenne River Sioux Tribe, SD, technology 
        and equipment upgrade of tribal justice system;
  --$500,000 for the town of Babylon, NY, Law Enforcement Wide 
        area network and Geographic Information Systems;
  --$100,000 for the City of Elizabeth, NJ, Law Enforcement 
        Communication Interoperability Enhancement;
  --$880,000 for the City of Radcliff Law Enforcement 
        Equipment, KY;
  --$1,000,000 for the City of Reading, PA, Integrated 
        Geographic Information System;
  --$900,000 for the City of Rockville, MD, COPS Technology 
        Grant;
  --$250,000 for the City of St. Joseph and Heartland Health 
        Law Enforcement Communication System, MO;
  --$150,000 for the Clarion County, PA, Geographic Information 
        System;
  --$300,000 for the Communications Upgrades, City of 
        Indianapolis;
  --$1,000,000 for the continuation of digital radio 
        conversion, NH;
  --$300,000 for the Boone County, IL Sheriff's Department for 
        law enforcement technology;
  --$960,000 for the Corpus Christi Radio Communications and 
        Security Equipment, TX;
  --$750,000 for the Criminal Information Sharing Alliance 
        Network/Idaho State Police;
  --$1,000,000 for the Delaware State Police, Automatic 
        Fingerprint Identification System;
  --$150,000 for the Derry Township, PA, Police Department;
  --$200,000 for the Dona Ana County, NM, Command Post Vehicle;
  --$250,000 for the Otsego County, NY, 911 Digital Upgrade;
  --$500,000 for the Downriver Mutual Aid communications 
        equipment, MI;
  --$1,000,000 for the ECU Center for Excellence--Criminal 
        Justice, OK;
  --$1,000,000 for the El Paso, TX, Interoperability;
  --$1,000,000 for the emergency communications capability 
        upgrades in Stamford, CT;
  --$100,000 for the enforcement of crime identification 
        assistance for the City of Kodiak, AK;
  --$1,000,000 for the Extend Radio System, WY;
  --$1,000,000 for the Fargo, ND, Interoperable Communications 
        System;
  --$200,000 for the Greenville County, SC, Communications 
        Interoperability System;
  --$250,000 for the Hopkinsville-Christian County--Pennyrile 
        Narcotics Task Force Partnership Equipment, KY;
  --$1,172,000 for the Hudson County, NJ, Law Enforcement 
        Technology;
  --$225,000 for the Huntington Beach, CA, Emergency Operations 
        Equipment;
  --$350,000 for the Huntsville, AL, Police Department 
        Equipment Upgrades;
  --$100,000 for the In-Car Video Deployment, City of Martin, 
        TN;
  --$400,000 for the Interagency Communications in GA;
  --$4,000,000 for the Interagency Communications 
        Interoperability System [ICIS] in CA;
  --$500,000 for the Internet Scale Event and Attack Generation 
        Environment at ISU;
  --$1,000,000 for the Iowa State Patrol TraCS software;
  --$205,000 for the Jasper County, SC, Technology Upgrades;
  --$475,000 for the Jefferson County Commission, AL for video 
        conferencing equipment for the Jefferson County 
        Criminal Justice Center;
  --$240,000 for the Jefferson County, CO, COPLINK;
  --$1,600,000 for the Johnson County, KS, Sheriff's Office;
  --$176,000 for the Kansas Attorney General, Equipment;
  --$148,000 for the Kansas Bureau of Investigation, Mobile 
        Data Terminals;
  --$600,000 for the Keene State College/UNH public safety 
        management system;
  --$2,500,000 for the Land Mobile Radio migration for a multi-
        agency communications network in AK;
  --$1,750,000 for the Land Mobile Radio site infrastructure 
        equipment and portable radios for the Kenai Peninsula 
        Borough, AK;
  --$1,750,000 for the Land Mobile Radio/Public Safety 
        Communications for Anchorage Infrastructure, AK;
  --$480,000 for the Las Cruces, NM, Communications 
        Infrastructure;
  --$1,500,000 for the Las Vegas, NV, Metropolitan Police 
        Department Communications System;
  --$3,000,000 for the Southeast National Law Enforcement 
        Technology Center for the Low Country Information 
        Technology Improvement Project Phase III;
  --$500,000 for the Las Vegas, NV, Metro Police Department--
        Identity Theft Center;
  --$2,500,000 for the Louisville Kentucky Metrosafe Program;
  --$1,000,000 for the Lubbock Police Technology Upgrades, TX;
  --$1,000,000 for the Macomb County, MI, Wireless voice 
        communications system;
  --$1,000,000 for the Massachusetts Law Enforcement Technology 
        and Training Support Center;
  --$1,750,000 for the Matanuska Susitna Borough Emergency 
        Response Radio Network, AK;
  --$160,000 for the Mayfield Police Department Equipment, KY;
  --$1,000,000 for the Mecklenburg County, NC, Criminal Justice 
        Information System;
  --$750,000 for the Miami-Dade County, FL, Law Enforcement 
        Technology Enhancements;
  --$100,000 for the Middlebury, VT, Police Technology Grant;
  --$1,500,000 for the Midwest Forensics Resource Center, IA;
  --$500,000 for the Milwaukee Police Department Mobile Two-
        Finger ID System, WI;
  --$1,450,000 for the Mobile computers for Wasilla Police 
        squad cars, AK;
  --$386,250 for the Montana Supreme Court Video Conferencing;
  --$1,400,000 for the Montgomery County, MD, Police Department 
        for National Capital Region Criminal Identification 
        System Update;
  --$500,000 for the New Castle County, DE, Police Department, 
        for an upgraded records management system;
  --$375,000 for the Newport, RI, Area Interoperable 
        Surveillance Network;
  --$900,000 for the North East Minnesota Enforcement and 
        Safety Information System [NEMESIS];
  --$425,000 for the Oglala Sioux Tribe, South Dakota--
        technology & equipment;
  --$750,000 for the Orleans Parish Information Sharing and 
        Integrated System Project, New Orleans;
  --$200,000 for the Osceola County, FL, Unified Public Safety 
        Communications Center;
  --$500,000 for the Pasco County, FL, Sheriffs Office 
        Communications Technology Upgrade;
  --$2,000,000 for the Pierce County, WA, Police Rapid Mobile 
        Response Network;
  --$200,000 for the Providence, RI, Police Department 
        Technology;
  --$300,000 for drug impairment pupillometer technology in IL;
  --$1,250,000 for the Records Interoperability through CATlab 
        in NH;
  --$2,250,000 for the Regional Law Enforcement Communications 
        System, City of Memphis and Shelby County;
  --$900,000 for the Rural Utah Law Enforcement Tech Program;
  --$1,000,000 for the San Joaquin County, CA, Emergency 
        Operations Communications Center;
  --$100,000 for the Simpson County 911 Center, KY;
  --$200,000 for the Smithfield, RI, Police Department 
        Emergency Management Operation Center;
  --$350,000 for the Snohomish County, WA, Sheriff Palm AFIS 
        System;
  --$1,000,000 for the Solano County, CA, Radio 
        Interoperability Project;
  --$3,760,000 for the South Carolina Judicial Department Case 
        Docket System;
  --$500,000 for the South Dakota Sheriffs' Association and 
        South Dakota Police Chiefs' Association;
  --$1,500,000 for the Southaven Police Department--radios/
        equipment in MS;
  --$1,000,000 for the Southeast National Law Enforcement and 
        Technology Center for the deployment of shot spotter 
        technology;
  --$1,000,000 for the St. Clair County, Michigan, Sheriff's 
        Department Communications towers and equipment 
        upgrades;
  --$2,000,000 for the State of New Mexico State Police;
  --$3,000,000 for the State of South Dakota/Division of 
        Criminal Investigation;
  --$1,000,000 for the Statewide Computer Aided Dispatch [CAD] 
        System, NE, State Patrol;
  --$3,000,000 for the statewide implementation of public 
        safety technology through University of New Hampshire;
  --$250,000 for the Technology Upgrades for the Williamson 
        County, IL, Sheriff's Department;
  --$90,000 for the Town of Brookfield Police Department 
        Technology Upgrades, WI;
  --$400,000 for the Town of North Hempstead, NY, Police 
        Department 311 Communication Management System;
  --$265,000 for the Training Academy Driver Simulator for the 
        State of Alaska;
  --$2,000,000 for the Training Village Public Safety Officer 
        in the State of Alaska;
  --$1,000,000 for the VeriTracks Georgia;
  --$500,000 for Voice Viewer Technologies and Law Enforcement 
        in WY;
  --$60,000 for the Westchester County, NY, Police Department 
        Interagency Radio Interconnect;
  --$2,000,000 for the Western Forensic Science and Law 
        Enforcement Training Center in CO;
  --$500,000 for the Wilmington, Delaware Police Department for 
        radio and dispatch system upgrades;
  --$400,000 for the Wireless High Speed Network for Prince 
        George's County, MD;
  --$750,000 for the Yazoo City, MS, Police Department;
  --$2,500,000 for the State of Colorado digital trunkid radio 
        system;
  --$4,000,000 for the Southeast National Law Enforcement 
        Technology Center for the Backscatter and high-energy 
        technology transmission x-ray technology; and
  --$155,000 for the Churchill County, Nevada Sheriff's Office 
        Interoperability Communication Project.
    COPS Interoperable Communications Technology Program.--The 
Committee recommends $100,000,000 to continue COPS 
Interoperable Communications Technology Program, being designed 
and implemented by the COPS office, in consultation with NIJ's 
OS&T, as well as BJA. The Committee commends the COPS office 
for its coordination with other Federal agencies dealing with 
public safety interoperability. The Committee believes 
coordination of Federal efforts is critical to ensure our 
Nation's safety and a necessity to not fall victim to the 
pitfalls of the past.
    The Committee strongly supports the need for minimum 
standards for law enforcement communications technology. 
Therefore, OS&T should continue to assist COPS in incorporating 
existing minimum standards into the formulation of this grant 
program. The Committee also provides, within available amounts, 
$5,000,000 to be transferred to NIST to continue the efforts of 
OLES regarding the development of a comprehensive suite of 
minimum standards for law enforcement communications.
    The Committee commends the Institute for Telecommunication 
Sciences [ITS] in Boulder, Colorado, for all their efforts and 
contributions to the public safety communications statement of 
requirements. Their contributions were critical in addressing 
the many issues plaguing public safety organizations for 
decades.
    Interoperable Standards.--Over a decade ago, APCO Project 
25 was established through a joint effort of Public Safety 
First Responders, U.S. Industry, and elements of the Federal 
Government to provide the public safety community with 
interoperable, spectrally-efficient, economically-priced, 
digital radios capable of providing a variety of operationally 
required functions and features, including backward 
compatibility with existing analog land mobile radios.
    The Project 25 suite of Standards, being developed with the 
technical assistance of the Telecommunications Industry 
Association [TIA] Standards Committee TR-8, is intended to 
satisfy defined user needs, allow multiple vendors to 
manufacturer some or all components of the Project 25 system at 
their discretion, and to ensure that components produced by 
many sources will interoperate.
    The timely completion of the Project 25 standards for all 
of the relevant communications systems equipment is essential 
to the public safety community. The Committee is concerned that 
the functional standards that specify key Project 25 system 
interfaces (such as the Inter-RF Subsystem Interface [ISSI], 
Console Interface, and the Fixed Station Interface) have not 
been developed or approved, as well as the standards that 
define how the interfaces should be tested and evaluated.
    The Committee encourages the Office of Law Enforcement 
Standards [OLES] of the National Institute of Standards and 
Technology to work with the Advanced Generation of 
Interoperability for Law Enforcement [AGILE] within the 
National Institute of Justice and the Wireless Public SAFEty 
Interoperability COMmunications [SAFECOM] Program, SAFECOM 
Program within the Department of Homeland Security to consider 
the issuance of interim standards that can be used to specify 
the required functionality and testing validation 
characteristics.
    Crime Identification Technology Act.--The Committee 
recommends $35,000,000 to be used and distributed pursuant to 
the Crime Identification Technology Act of 1998, Public Law 
105-251, of which $5,000,000 is to be transferred to the NIJ to 
develop technologies to improve school safety.
    Within the overall amounts recommended, the OJP should 
examine each of the following proposals, provide grants if 
warranted, and submit a report to the Committees on its 
intentions for each proposal:
  --$2,750,000 for the Harrison County Public Safety Automated 
        Systems in MS;
  --$950,000 for the City of St. Paul/Ramsey County co-location 
        of public safety equipment in MN;
  --$1,483,500 for the North Carolina Supreme Court Security;
  --$1,000,000 for the MAGIC Pegasus Project for the Jefferson 
        County Sheriff in AL;
  --$616,500 for the Case and Document Management in MT;
  --$225,000 for the Marion County, MS, Sheriff's Department--
        Equipment;
  --$300,000 for the Pascagoula, MS, Police Department--
        Equipment;
  --$2,500,000 for the Alaska Court System Information Network;
  --$525,000 for the Marshall University Computer Forensics in 
        WV;
  --$4,000,000 for the Marshall University Forensic Science DNA 
        Lab in WV;
  --$4,000,000 for the West Virginia University Forensic 
        Science Initiative;
  --$600,000 for the Vermont Incident Based Reporting System; 
        and
  --$11,050,000 for the South Carolina Judicial Department case 
        document system.
    DNA Backlog Elimination.--Within the amount provided, 
$20,000,000 is available for Paul Coverdell Forensics Sciences 
Improvement grants.
    Within the overall amounts recommended for the DNA Backlog 
Elimination Programs, OJP should examine each of the following 
proposals, provide grants if warranted, and submit a report to 
the Committees on its intentions for each proposal:
  --$1,000,000 for the Brown University Nanotechnology DNA 
        Sequencing in RI;
  --$56,250 for the Crime Scene Analysis, Delaware County, IN;
  --$225,000 for the Crime scene examination enhancement for 
        the State of Alaska;
  --$200,000 for the DNA Education and Training for Arkansas 
        Law Enforcement Community;
  --$750,000 for the El Paso Regional Lab in TX;
  --$1,000,000 for the Equipment and Planning for the Vermont 
        Forensics Laboratory;
  --$1,000,000 for the Forensic DNA Analysis Lab at North 
        Dakota University;
  --$500,000 for the Forensic Science Lab at the University of 
        Baltimore, MD;
  --$355,000 for the Fulton County District Attorney's Cold 
        Case Unit in IL;
  --$819,000 for the Greater Columbus Area Crime Fighting AFIS 
        Project in OH;
  --$475,000 for the Greenville Tech Forensic/DNS Laboratory in 
        SC;
  --$1,000,000 for the Honolulu PD Crime Lab in HI;
  --$400,000 for the Marion County Meth Forensic Lab 
        Enhancement in OR;
  --$1,000,000 for the Mississippi Crime Lab to Address 
        Forensic Backlog;
  --$454,554 for the Northwest Ohio Regional Information System 
        AFIS;
  --$500,000 for the Ohio BCI Laboratory System Improvement 
        Project;
  --$1,250,000 for the Ohio BCI Palmprint AFIS Program;
  --$625,000 for the Pikes Peak Metro Crime Lab DNA Laboratory 
        in CO;
  --$1,000,000 for the Southeast Missouri State University;
  --$750,000 for the Texas Tech Forensic Science Institute;
  --$1,000,000 for the Fox Valley Technical College [FVTC] DNA 
        Training Initiative in WI;
  --$500,000 for the University of Alabama at Birmingham 
        Forensic Science Education and Training program;
  --$852,500 for the Utah Valley State College Forensic Science 
        Program;
  --$650,000 for the Weber State University's Criminal Justice 
        Program in UT; and
  --$250,000 for the Sam Houston State University, Texas, 
        Center for Forensic Sciences.

                       COMMUNITY CRIME PREVENTION

    Safe Schools Initiative.--The Committee recommends 
$5,000,000 for programs aimed at preventing violence in public 
schools, and to support the assignment of officers to work in 
collaboration with schools and community-based organizations to 
address the threat of terrorism, crime, disorder, gangs, and 
drug activities.
    Within the amount provided, the COPS office should examine 
each of the following proposals, provide grants if warranted, 
and submit a report to the Committees on its intentions for 
each proposal:
  --$750,000 for the Alaska Community in Schools Mentoring 
        Program;
  --$370,000 for the Granite School District Anti-Violence 
        Project in UT;
  --$126,000 for the HOPE for Henderson Juvenile Justice in KY;
  --$200,000 for the Martin Luther King, Jr. Center for Non-
        Violence in PA;
  --$500,000 for the School-Based Violence Prevention and 
        Mentoring in IL; and
  --$1,250,000 for the Schools and Communities Coming Together 
        in MT.
    Management and Administration.--Within the recommended 
appropriation, the Committee recommends $35,000,000 for 
Management and Administration [M&A] of all COPS programs.

                       JUVENILE JUSTICE PROGRAMS

Appropriations, 2004....................................    $348,989,000
Budget estimate, 2005...................................     362,477,000
Committee recommendation................................     360,000,000

    The Committee recommends an appropriation of $360,000,000. 
The recommendation is $11,011,000 above the fiscal year 2004 
funding level and $2,477,000 below the budget request.
    The Committee recommendations are displayed in the 
following table:

                            JUVENILE JUSTICE
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                          recommendation
------------------------------------------------------------------------
Concentration of Federal efforts.......................           3,000
Formula Grants (Part B)................................          85,000
Discretionary Grants (Part C)..........................           5,000
Research, Evaluation, TA and Training (Part D).........          10,000
Developing New Initiatives (Part E)....................          80,000
Juvenile Mentoring Program (JUMP) (Part G).............          15,000
At Risk Children Program (Title V).....................          87,000
    Tribal Youth.......................................         [10,000]
    Big Brother/Big Sister.............................          [7,000]
    Enforcing Underage Drinking Laws Program...........         [25,000]
    Gang Prevention....................................         [25,000]
    Project Sentry.....................................          15,000
    Secure Our Schools Act.............................          10,000
    Project Childsafe..................................           5,000
Victims of Child Abuse Act.............................          15,000
Juvenile Accountability Block Grants...................          30,000
                                                        ----------------
      Total, Juvenile Justice..........................         360,000
------------------------------------------------------------------------

    The Committee expects to be consulted prior to any 
deviation from the above plan.
    Within the amounts provided for Part E discretionary grants 
and all of the other funds provided under Juvenile Justice 
programs, the Committee directs Office of Juvenile Justice and 
Delinquency Prevention [OJJDP] to provide the following grants:
--$900,000 for the Aces for Kids program in SC;
--$750,000 for the Alabama Council on Substance Abuse-NCADD;
--$2,000,000 for the Alaska Child Advocacy Center for a child 
        abuse investigation program;
--$600,000 for the Alaska Children's Trust child abuse 
        prevention program;
--$750,000 for the Alaska Mentoring Demonstration Project for a 
        statewide at-risk youth mentoring program;
--$1,000,000 for the Alaska Youth Courts;
--$500,000 for the Amistad America youth development programs 
        aboard Freedom Schooner Amistad in CT;
--$1,000,000 for the An Achievable Dream in VA;
--$2,000,000 for the Anaheim Learning Center in CA;
--$55,000 for the Bonnie Brae--National Conference on 
        Residential Outcomes in NJ;
--$600,000 for the Brookdale Community College for Project 
        OPTIMIST in NJ;
--$3,000,000 for the Cal Ripken, Sr., Foundation;
--$100,000 for the Child Protection Program/Nez Perce Tribe, 
        Lapwai, ID;
--$602,000 for the Child Support Enforcement Incentives in AK;
--$700,000 for the Children & Families First of DE;
--$150,000 for the Children in Crisis in SC;
--$750,000 for the City of Charlotte Gang of One Pilot Program 
        in NC;
--$100,000 for the Clinton County, Pennsylvania Action Team 
        Against Drugs;
--$200,000 for the Colton Police Activities League [PAL] 
        Program in CA;
--$200,000 for the Computer Corp Skills and Knowledge Acquired 
        Toward Enhancing Success in NV;
--$325,000 for the Court Teams for Maltreated Infants and 
        Toddlers;
--$1,500,000 for the Crimes Against Children Research Center at 
        the University of New Hampshire;
--$500,000 for the Dakota Boys Ranch Mentoring Program in ND;
--$500,000 for the Daniel Webster Boy Scout Council, outdoor 
        education;
--$500,000 for the Drug Endangered Children program in IA;
--$60,000 for the Eau Claire County Restorative Justice Program 
        in WI;
--$4,000,000 for the Eisenhower Foundation youth safe havens;
--$750,000 for the Families and Schools Together [FAST] in 
        Wisconsin;
--$3,000,000 for the Life Skills Training Program in Saint 
        Augustine, FL;
--$400,000 for the Generations of Hope program in IL;
--$2,000,000 for the Girl Scouts Beyond Bars and PAVE programs;
--$1,500,000 for the Girls and Boys Town USA;
--$3,000,000 for the Hawaii Rural Youth Outreach Program;
--$100,000 for the Horizons for Youth program in IL;
--$1,240,000 for the Iowa Mentor Center for a rural mentoring 
        program in partnership with Big Brothers Big Sisters;
--$550,000 for the Jackson, MS, Juvenile Justice & Delinquency 
        Prevention Program;
--$5,000,000 for the Junior Achievement;
--$400,000 for the Juvenile Fire Setters Prevention Program;
--$1,135,000 for the Juvenile Justice Information System in HI;
--$100,000 for the Juvenile Justice Program Enhancement in UT;
--$150,000 for the Juvenile Justice Work Program in UT;
--$1,900,000 for the Law-related education;
--$300,000 for the Lea County Juvenile Correction Facility in 
        NM;
--$128,000 for the Lonesome Pine Office on Youth in VA;
--$3,000,000 for the Los Angeles Community Law Enforcement and 
        Recovery Program [CLEAR];
--$600,000 for the Louisiana Children's Advocacy Centers;
--$100,000 to the Louisiana Center Against Poverty for the Save 
        Our Sons and Daughters Program;
--$2,000,000 for the Low Country Children's Center in SC;
--$350,000 for the Marion Co. Children of Incarcerated Parents 
        Initiative in OR;
--$300,000 for the Milwaukee Summer Stars program in WI;
--$500,000 for the MO Juvenile Justice Labs;
--$225,000 for the Morning Star Ranch, Florence, KS;
--$2,000,000 for the National Council of Juvenile and Family 
        Court Judges;
--$125,000 for the Native American Liaison at the Child and 
        Family Intervention Center in Billings, MT;
--$250,000 for the Nevada Child Seekers;
--$100,000 for the New Hampshire Expansion of the Go Girl Go 
        program;
--$425,000 for the New Mexico Police Athletic League;
--$250,000 for the Omaha Out-of-School/After School Program In 
        NE;
--$300,000 for the Our Club Program in AR;
--$750,000 for the Outdoor Education Center project, Harpers 
        Ferry, WV;
--$300,000 for the Washington County Youth Service Bureau, VT;
--$950,000 for the Rhode Island Court Truancy Court Program;
--$100,000 for the S.A.F.E. House Domestic Violence Counseling 
        Center in NV;
--$500,000 for the San Jose, B.E.S.T At-Risk Youth and Anti-
        Gang Program in CA;
--$200,000 for the South Dakota Community Foundation;
--$350,000 for the State of New Mexico--Juvenile Offenders;
--$1,250,000 for the Teens, Crime and the Community;
--$250,000 for St. John's University School of Law Child 
        Advocacy Clinic, NY;
--$250,000 for the University of Southern Mississippi--
        Citizenship and Justice Academy;
--$350,000 for the USM Family Network Partnership Program;
--$1,000,000 for the Western Kentucky University Spotlight 
        Youth Program;
--$750,000 for the Winona State University Child Protection/
        Training Center in Minnesota;
--$750,000 for the Women In Support of the Million Man March in 
        Newark, NJ;
--$1,500,000 for the Youth Advocates Programs in SC;
--$1,000,000 for the Youth Violence Prevention Research in AL;
--$325,000 for the Zero to Three--Court Teams for Maltreated 
        Infants and Toddlers in NJ;
--$1,500,000 for the ``I Have a Dream'' Foundation; and
--$200,000 for the Fort Worth Comin' Up Gang Violence 
        Prevention, TX.
    Enforcing the Underage Drinking Laws Program.--Within the 
funds provided in the At Risk Children Program (Title V), the 
Committee provides $25,000,000 for grants to assist States in 
enforcing underage drinking laws.
    Victims of Child Abuse Act.--The Committee recommends 
$15,000,000 for the various programs authorized under the 
Victims of Child Abuse Act [VOCA]. Within the funds provided, 
$9,000,000 shall be for Regional Child Advocacy Centers 
Programs.

                    PUBLIC SAFETY OFFICERS BENEFITS

Appropriations, 2004....................................     $52,022,000
Budget estimate, 2005...................................      55,464,000
Committee recommendation................................      68,615,000

    The Committee recommends an appropriation of $68,615,000. 
The recommendation is $16,593,000 above the fiscal year 2004 
funding level and $13,151,000 above the budget request. The 
recommendation provides $63,000,000 for all mandatory funding 
for death benefits under the Public Safety Officers Benefits 
Program. This program provides a lump-sum death benefit payment 
to eligible survivors of Federal, State, and local public 
safety officers whose death was the direct and proximate result 
of a traumatic injury sustained in the line of duty. In 
addition, $3,615,000 is provided to pay for disability benefits 
to public safety officers who are permanently disabled in the 
line of duty. Further, $2,795,000 is available for the program 
which provides payments for education purposes to the 
dependents of Federal, State, and local public safety officers 
who are killed or permanently disabled in the line of duty.

               General Provisions--Department of Justice

    The Committee recommends the following general provisions:
    Section 101 makes up to $60,000 of the funds appropriated 
to the Department of Justice available for reception and 
representation expenses.
    Section 102 prohibits the use of funds in this title to pay 
for an abortion except where the life of the mother would be in 
danger.
    Section 103 prohibits the use of funds in this title to 
require a person to perform or facilitate an abortion.
    Section 104 requires female prisoners to be escorted when 
off prison grounds.
    Section 105 allows the Department of Justice, subject to 
the Committee's reprogramming procedures, to transfer up to 5 
percent between appropriations, but limits to 10 percent the 
amount that can be transferred into any one appropriation.
    Section 106 includes language regarding additional funding 
for Project Seahawk.
    Section 107 includes language regarding additional funding 
for San Juan, Puerto Rico.
    Section 108 makes permanent a Personnel Management 
Demonstration Project.
    Section 109 provides authority for the Bureau of Alcohol, 
Tobacco, Firearms and Explosives to use confiscated funds 
during undercover operations.
    Section 110 amends Title 31 of the United States Code to 
provide protection for the Bureau of Alcohol, Tobacco, Firearms 
and Explosives Director.
    Section 111 requires the Bureau of Prisons to execute their 
financial plan as reflected in this report.
    Section 112 directs the Bureau of Prisons to work with the 
Federal Public Defender on a pilot program.
    Section 113 limits the placement of maximum or high 
security prisoners to appropriately secure facilities.
    Section 114 restricts Federal prisoner access to certain 
amenities.
    Section 115 restricts funding for the construction or 
leasing of a building for an interim Federal Bureau of 
Investigation Central Records Complex until the approval of a 
permanent site-selection report.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

    The Committee recommends a total of $6,919,139,000 for the 
Office of the United States Trade Representative, the 
International Trade Commission, the National Intellectual 
Property Law Enforcement Coordination Council, and the 
Department of Commerce. The recommendation is $976,360,000 
above the fiscal year 2004 funding level and $861,150,000 above 
the budget request.

                  TRADE AND INFRASTRUCTURE DEVELOPMENT

                            RELATED AGENCIES

            Office of the United States Trade Representative

                         SALARIES AND EXPENSES

Appropriations, 2004....................................     $41,552,000
Budget estimate, 2005...................................      39,552,000
Committee recommendation................................      41,552,000

    The Committee recommends an appropriation of $41,552,000 
for the Office of the United States Trade Representative 
[USTR]. The recommendation is identical to the fiscal year 2004 
funding level and $2,000,000 above the budget request. In 
addition, the Committee transfers $5,000,000 from a separate 
heading in this bill for activities relating to intellectual 
property protection and enforcement, bringing the total amount 
available to USTR to $46,552,000.
    The USTR is responsible for developing and coordinating 
United States international trade, commodity, and direct 
investment policy, and leading negotiations with other 
countries on such matters. Its areas of responsibility include 
all matters relating to the World Trade Organization, including 
implementation of the Uruguay Round of multilateral trade 
agreements; trade, commodity, and direct investment matters 
dealt with by certain international institutions; industrial, 
agricultural and services trade policy; and trade-related 
intellectual property protection and environmental issues.
    The foreign policy agenda of the United States is 
increasingly influenced by economic and trade issues. This is 
due largely to the growth of the global market economy and the 
pursuit of open markets and free trade. Regardless of the 
cause, trade negotiations and market access for American goods 
and services now represent an integral component of United 
States' relations with other countries. The Office of the USTR 
has become, and will remain for the foreseeable future, an 
integral component and essential interagency coordinator in the 
development of trade policy and American diplomacy abroad. The 
Committee recommended funding level acknowledges this important 
role.
    Chief Negotiator for Intellectual Property Enforcement.--
The bill includes language establishing a new position of Chief 
Negotiator for Intellectual Property Enforcement. This position 
shall be responsible for Intellectual Property issues in all 
trade agreements. In addition, this position will be the USTR 
representative on the National Intellectual Property Law 
Enforcement Coordination Council [NIPLECC]. Within the funds 
made available for the USTR, $5,000,000 is for the creation, 
operations, and activities of the Office of the Chief 
Negotiator for Intellectual Property Enforcement.
    World Trade Organization.--The Committee is aware of the 
World Trade Organization [WTO] Appellate Body's January 16, 
2003, ruling regarding the Continued Dumping and Subsidy Offset 
Act. The Committee directs USTR, in consultation with the 
Department of Commerce, to continue to negotiate within the WTO 
to seek express recognition of the existing right of WTO 
Members to distribute monies collected from antidumping and 
countervailing duties. The agency shall consult with and 
provide regular reports, every 60 days, to the Committees on 
Appropriations.

   NATIONAL INTELLECTUAL PROPERTY LAW ENFORCMENT COORDINATION COUNCIL

Appropriations, 2004....................................................
Budget estimate, 2005...................................................
Committee recommendation................................     $20,000,000

    The Committee recommends an appropriation of $20,000,000. 
The recommendation is $20,000,000 above the fiscal year 2004 
funding level and $20,000,000 above the budget request.
    The mission of the National Intellectual Property Law 
Enforcement Coordination Council [NIPLECC] is to coordinate 
domestic and international intellectual property law 
enforcement among Federal and foreign entities. NIPLECC is 
comprised of representatives of all Federal agencies with 
responsibility for protecting intellectual property and 
enforcing intellectual property law. NIPLECC submits an annual 
report on its activities, has developed a database of 
intellectual property training programs available to developing 
nations, and runs a public awareness campaign on piracy and 
counterfeiting. It also develops legislative suggestions to 
improve intellectual property laws relating to enforcement.
    The recommendation includes language providing that the 
NIPLECC shall establish policies, objectives, and priorities 
concerning international intellectual property enforcement and 
shall promulgate a strategy for protecting American 
intellectual property overseas and shall update such strategy 
annually. It shall coordinate and oversee implementation of 
these policies, objectives, and priorities by agencies with 
responsibility for protecting intellectual property and 
enforcing intellectual property law. Within the amounts 
provided under this heading, $5,000,000 is for the salaries and 
expenses and other support costs of the NIPLECC.
    The recommendation also includes language providing for the 
creation of a Coordinator for International Intellectual 
Property Enforcement (``the Coordinator'') to head NIPLECC. The 
Coordinator shall be appointed by the President.
    Within the amounts provided under this heading, $9,000,000 
is for NIPLECC to conduct programs that enhance the enforcement 
of international intellectual property law and of requirements 
under international agreements relating to intellectual 
property. Within 90 days of enactment of this Act, the 
Coordinator shall submit to the Committees on Appropriations a 
spending plan for this amount. If within 90 days of enactment 
the President has not appointed a Coordinator, then the co-
chairs of the NIPLECC shall submit such a spending plan.
    The recommendation includes language providing for a 
transfer of $5,000,000 to the Office of the United States Trade 
Representative to establish a position of Chief Negotiator for 
Intellectual Property Enforcement and $1,000,000 to the 
Department of State to establish the Office of International 
Intellectual Property Protection and Enforcement.

                     International Trade Commission

                         SALARIES AND EXPENSES

Appropriations, 2004....................................     $57,682,000
Budget estimate, 2005...................................      61,700,000
Committee recommendation................................      61,700,000

    The Committee recommends an appropriation of $61,700,000. 
The recommendation is $4,018,000 above the fiscal year 2004 
funding level and identical to the budget request.
    The International Trade Commission [ITC] is an independent, 
quasi-judicial agency responsible for conducting trade-related 
investigations, providing Congress and the President with 
independent technical advice relating to United States 
international trade policy, and performing other statutory 
responsibilities such as quasi-judicial determinations on trade 
matters filed with the Commission.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     OPERATIONS AND ADMINISTRATION

Appropriations, 2004....................................    $378,102,000
Budget estimate, 2005...................................     393,513,000
Committee recommendation................................     393,513,000

    The Committee recommends an appropriation of $393,513,000. 
The recommendation is $15,411,000 above the fiscal year 2004 
funding level and identical to the budget request.
    The Committee recommendations, by function, are displayed 
in the following table:

                               ITA FUNDING
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                              Amount
------------------------------------------------------------------------
Trade development......................................          49,509
Market access and compliance...........................          41,087
Import Administration..................................          71,044
U.S. and Foreign Commercial Service....................         213,865
Administration/Executive Direction.....................          26,008
Offsetting Fee Collections.............................          (8,000)
                                                        ----------------
      Total ITA........................................         393,513
------------------------------------------------------------------------

    Trade Development.--The Committee recommends an 
appropriation of $49,509,000 for Trade Development. The 
recommendation includes $10,000,000 for the National Textile 
Center, $3,000,000 for the Textile/Clothing Technology 
Corporation, and $500,000 for the Kansas City Smart Port.
    Market Access and Compliance.--The Committee recommends an 
appropriation of $41,087,000 for Market Access and Compliance.
    The Committee recommends $2,000,000 within available funds 
for ITA to continue to place and maintain support for 
compliance officers in China, Japan, and the European Union, 
and other key markets so that they can detect and swiftly 
address compliance problems United States companies face in 
these markets.
    Full funding is recommended for the BISNIS program.
    Import Administration.--The Committee recommends an 
appropriation of $71,044,000. The recommendation includes 
$2,000,000 for the Import Administration to continue to place 
and maintain overseas enforcement officers, and to monitor 
compliance with the World Trade Organization and other 
international commitments on antidumping and subsidies.
    The Committee recommendation includes $4,500,000 for the 
Import Administration to monitor import data and customs flows 
for surges in key markets and sectors, such as steel and 
lumber, and take immediate action when such surges are 
detected. Such action should include using resources to 
expedite unfair trade cases so United States-based companies 
can receive relief at the earliest possible date. In addition, 
the Import Administration must vigorously monitor foreign 
subsidies so that action can be taken if the subsidies violate 
trade agreements.
    United States and Foreign Commercial Service [US&FCS].--The 
Committee recommends an appropriation of $213,865,000.
    The Committee supports the Commercial Service's work on the 
Appalachian-Turkish Trade Project, a project to promote 
opportunities to expand trade, encourage business interests, 
stimulate foreign studies, and build a lasting and mutually 
meaningful relationship between the Appalachian States and the 
Republic of Turkey, as well as the neighboring regions, such as 
Greece. The Committee expects US&FCS to support the project.
    The Committee recommendation includes new bill language 
transferring $4,539,000 to the Department of State for the 
Capital Security Cost Sharing Initiative to provide for safe 
and secure United States diplomatic facilities overseas. This 
is identical to the budget request.
    Clean Energy Technology Exports.--The Committee expects the 
Department of Commerce to continue to fully participate in and 
contribute to the Clean Energy Technology Exports [CETE] 
Initiative, a nine-agency approach to help open international 
energy markets and aid with the export of a range of United 
States clean energy technologies.
    Administration and Executive Direction.--The Committee 
recommends an appropriation of $26,008,000.
    Any changes to the funding levels provided for in this bill 
and report, including carryover balances, are subject to the 
standard reprogramming procedures set forth in section 605 of 
this Act.
    World Trade Organization.--The Committee is aware of the 
World Trade Organization [WTO] Appellate Body's January 16, 
2003, ruling regarding the Continued Dumping and Subsidy Offset 
Act. The Committee directs the Department of Commerce, in 
consultation with the Office of the U.S. Trade Representative, 
to continue to negotiate within the WTO to seek express 
recognition of the existing right of WTO Members to distribute 
monies collected from antidumping and countervailing duties. 
The agency shall consult with and provide regular reports, 
every 60 days, to the Committees on Appropriations.

                    Bureau of Industry and Security

                     OPERATIONS AND ADMINISTRATION

Appropriations, 2004....................................     $67,486,000
Budget estimate, 2005...................................      76,516,000
Committee recommendation................................      70,872,000

    The Committee recommends an appropriation of $70,872,000. 
The recommendation is $3,386,000 above the fiscal year 2004 
funding level and $5,644,000 below the budget request.
    The Bureau of Industry and Security [BIS] is the principal 
agency involved in the development, implementation, and 
enforcement of export controls for dual-use technologies. The 
Export Enforcement Division detects, prevents, investigates, 
and assists in the sanctioning of illegal dual-use exports.
    Within the amount provided under this heading, $32,877,000 
is for export administration, $33,995,000 is for export 
enforcement, and $4,000,000 is for management and policy 
coordination.
    The Committees on Appropriations recently approved a 
Department of Commerce reprogramming request from BIS allowing 
them to broaden the scope of activities for inspections and 
other activities related to national security. This 
reprogramming was approved with the assurance that these new 
activities were not previously funded by other agencies. The 
Committee directs that the Director of BIS ensure that no funds 
provided in the accompanying Act will be used for activities 
funded by other agencies in previous budgets and report this to 
the Committees on Appropriations no later than 45 days after 
enactment of the accompanying Act.

                  Economic Development Administration

Appropriations, 2004....................................    $315,327,000
Budget estimate, 2005...................................     320,327,000
Committee recommendation................................     315,483,000

    The Committee recommends an appropriation of $315,483,000. 
The recommendation is $156,000 above the fiscal year 2004 
funding level and $4,844,000 below the budget request.
    The Economic Development Administration [EDA] provides 
grants to local governments and nonprofit agencies for public 
works, planning, and other projects designed to facilitate 
economic development. Funding amounts for the two 
appropriations accounts under this heading are displayed below.

                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

Appropriations, 2004....................................    $285,083,000
Budget estimate, 2005...................................     289,762,000
Committee recommendation................................     285,083,000

    The Committee recommends an appropriation of $285,083,000. 
The recommendation is identical to the fiscal year 2004 funding 
level and $4,679,000 below the budget request.
    The Committee recommendation provides funding of 
$199,100,000 for public works grants (Title I), $22,667,000 for 
planning assistance, $8,300,000 for trade adjustment 
assistance, $45,731,000 for economic adjustment grants (Title 
IX), $8,790,000 for technical assistance, and $495,000 for 
research.
    The Committee is aware of several proposals for economic 
development or adjustment assistance and strongly urges EDA to 
consider applications for the following proposals within 
applicable procedures and guidelines and provide a grant, if 
warranted: Colorado Hispanic Business Information Clearing 
House and Entrepreneurial Development; Textile Clothing 
Technology [TC\2\] Size USA; OK Development Center for Rural 
Manufacturers; Utah State University Innovation Campus 
Infrastructure Expansion; MO Women's Employment Network 
Dimensions Program; University of Kentucky Product Development; 
Montana State University Big Sky Initiative; Montana Tech 
Economic Development Center; MT Kootenai River Broadband 
Cooperative; University of Montana Tech Enterprise Center; 
Boulder Conference Center Feasibility Study; Wrangell, AK, 
Marine Manufacturing Center; WA Sastop Development Park; WA 
Squalicum Waterway; Atlanta, GA, Civic Center; Arcadia, ME, Ice 
Arena Construction Project; Northern Maine Tourism and 
Recreation Resource Center; Idaho Business Clusters and Rural 
Economic Development Project analysis; Idaho Comprehensive 
Economic Planning, Nez Perce Tribe; Idaho Food Processing 
Assistance for Rural Economic Development; Eastern Idaho 
Fairgrounds Multi-Purpose Events Center; North American Free 
Trade Youth Summit; Dayton, Ohio Development Coalition 
Revolving Mezzanine Fund; Columbus, Ohio College of Art & 
Design--Design, Technology, Art and Research Labs; Ohio MEMS 
Association Microsystems Application Technology Center; Ohio 
Instruments, Control, and Electronics, Cleveland State 
University; OH Radio Frequency Identification Technology--
Development Research Corporation; Jackson County, NC, Economic 
Development; NC Piedmont Triad Research Park; UT Indigenous 
Community Enterprise Youth Development Account Program; 
University of Texas Arlington Texas Manufacturing Center; 
University of Nebraska--Kearney McCook Work Ethic Camp 
Assessment; Oklahoma International Trade Association Center; 
Ole Miss Innovation and Outreach Center; World Trade Center of 
Greater Philadelphia; Huntingdon College, AL, Adult Degree 
Completion Initiative; Troy State, AL University Center for 
International Trade and Business; Tilamook County, OR, Digester 
Rail Transportation; Mill Creek, OR, Industrial and Employment 
Center; Benton County, OR, North Riverfront River Access; 
Jackson County, OR, SOU Center for Excellence for Regional 
Development; Lawrence County, PA, Millennium Park; City College 
of San Francisco Welcome Back Project; Digester Rail 
Transportation, OR; Electronic Permitting [E-Permits], OR; 
Honomalino Irrigation Cooperative Project, HI; Ascension Parish 
Infrastructure Funding, LA; InterTech Science Park 
Infrastructure and Land Acquisition Initiative; Mobile 
Workforce Development Laboratory, OR; Mott Community College 
Workforce Development Institute for Simulation Technology; 
North Dakota State University Research and Technology Park; 
Newport Childcare Center, OR; Riveria Activity Center, OR; 
Sawyer International Airport Building Improvements; Southern 
Oregon University Center of Excellence for Regional 
Development; and York College Campus Technology Enhancement 
Project.
    The Committee expects EDA to continue its efforts to assist 
communities impacted by economic dislocations relating to 
industry downswings as well as to assist communities impacted 
by downturns due to environmental concerns. This includes the 
timber, steel, and coal industries; communities impacted by 
United States-Canadian trade-related issues; communities in New 
England, the mid-Atlantic, Hawaii, and Alaska impacted by 
fisheries regulations; and communities in the Southeast 
impacted by downturns due to the North American Free Trade 
Agreement [NAFTA].

                         SALARIES AND EXPENSES

Appropriations, 2004....................................     $30,244,000
Budget estimate, 2005...................................      30,565,000
Committee recommendation................................      30,400,000

    The Committee recommends an appropriation of $30,400,000. 
The recommendation is $156,000 above the fiscal year 2004 
funding level and $165,000 below the budget request.

                  Minority Business Development Agency

                     MINORITY BUSINESS DEVELOPMENT

Appropriations, 2004....................................     $28,556,000
Budget estimate, 2005...................................      34,461,000
Committee recommendation................................      31,555,000

    The Committee recommends an appropriation of $31,555,000. 
The recommendation is $2,999,000 above the fiscal year 2004 
appropriation and $2,906,000 below the budget request.
    Within amounts made available under this heading, 
$1,000,000 is for the Minority Business Development Agency to 
establish a national database of minority-owned businesses and 
to gather data on Federal procurement opportunities for 
minority-owned businesses. Also, within amounts made available 
under this heading, $500,000 is for the Initiative on Asian 
Americans and Pacific Islanders.

                ECONOMIC AND INFORMATION INFRASTRUCTURE

                   Economic and Statistical Analysis

                         SALARIES AND EXPENSES

Appropriations, 2004....................................     $74,211,000
Budget estimate, 2005...................................      88,400,000
Committee recommendation................................      81,764,000

    The Committee recommends an appropriation of $81,764,000. 
The recommendation is $7,553,000 above the fiscal year 2004 
funding level and $6,636,000 below the budget request.
    Economic and Statistical Analysis [ESA] encompasses the 
collection, tabulation, and publication of a wide variety of 
economic, demographic, and social statistics and provides 
support to the Secretary of Commerce and other Government 
officials in interpreting the state of the economy and 
developing economic policy. The Bureau of Economic Analysis 
[BEA] and the Under Secretary for Economic Affairs are funded 
within this account.
    The Committee recommends $75,362,000 for BEA and $6,402,000 
for program support, as requested. The recommendation will 
allow the BEA to improve the accuracy of its reports by 
replacing extrapolated data with real-time monthly data from 
retail outlets. This will provide data users more current 
economic measures to make better informed business, monetary, 
and fiscal decisions. In addition, the recommendation will 
allow the BEA to conduct quarterly surveys to gather more 
frequent and comprehensive data for the Nation's largest and 
most volatile industries. The Committee acknowledges that the 
BEA needs to accomplish these new initiatives in order to 
remain adaptive to the dynamic United States economy.

                          Bureau of the Census

Appropriations, 2004....................................    $624,225,000
Budget estimate, 2005...................................     828,596,000
Committee recommendation................................     605,768,000

    The Committee recommends an appropriation of $605,768,000. 
The recommendation is $18,457,000 below the fiscal year 2004 
funding level and $222,828,000 below the budget request. The 
Committee's recommendations for the Census Bureau accounts are 
described in more detail in the following paragraphs.

                         SALARIES AND EXPENSES

Appropriations, 2004....................................    $192,761,000
Budget estimate, 2005...................................     220,425,000
Committee recommendation................................     174,304,000

    The Committee recommends an appropriation of $174,304,000. 
The recommendation is $18,457,000 below the fiscal year 2004 
funding level and $46,121,000 below the budget request. This 
account provides for the salaries and expenses associated with 
the statistical programs of the Bureau of the Census, including 
measurement of the Nation's economy and the demographic 
characteristics of the population. These programs are intended 
to provide a broad base of economic, demographic, and social 
information used for decision-making by governments, private 
organizations, and individuals.
    The Committee has provided funding for the key programs of 
the Census Bureau. The Committee is particularly concerned that 
reports on manufacturing and general economic and foreign trade 
statistics are maintained and issued on a timely basis.

                     PERIODIC CENSUSES AND PROGRAMS

Appropriations, 2004....................................    $431,464,000
Budget estimate, 2005...................................     608,171,000
Committee recommendation................................     431,464,000

    The Committee recommends an appropriation of $431,464,000. 
The recommendation is identical to the fiscal year 2004 funding 
level and $176,707,000 below the budget request.
    This account provides for the constitutionally-mandated 
decennial census, quinquennial censuses, and other programs 
which are cyclical in nature. Additionally, individual surveys 
are conducted for other Federal agencies on a reimbursable 
basis.
    The Committee recommends $250,611,000 for the 2010 
Decennial Census under the Demographic Statistics Program, of 
which not less than $82,310,000 shall be for the Master Address 
File/Topologically Integrated Geographic Encoding and 
Referencing [MAF/TIGER] System.
    For other programs under this account, the Committee 
recommends $180,853,000.

       National Telecommunications and Information Administration

Appropriations, 2004....................................     $51,061,000
Budget estimate, 2005...................................      21,407,000
Committee recommendation................................      58,194,000

    The Committee recommends an appropriation of $58,194,000. 
The Committee recommendation is $7,133,000 above the fiscal 
year 2004 funding level and $33,555,000 above the budget 
request.

                         SALARIES AND EXPENSES

Appropriations, 2004....................................     $14,450,000
Budget estimate, 2005...................................      22,101,000
Committee recommendation................................      21,583,000

    The Committee recommends an appropriation of $21,583,000. 
The recommendation is $7,133,000 above the fiscal year 2004 
funding level and $518,000 below the budget request.
    The Committee retains language from previous years allowing 
the Secretary of Commerce to collect reimbursements from other 
Federal agencies for a portion of the cost of coordination of 
spectrum management, analysis, and operations. The Committee 
directs the NTIA to leverage these funds to establish a 
paperless system for spectrum issue resolution, certification, 
satellite coordination, and frequency authorization.

    PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING, AND CONSTRUCTION

Appropriations, 2004....................................     $21,769,000
Budget estimate, 2005...................................       2,538,000
Committee recommendation................................      21,769,000

    The Committee recommends an appropriation of $21,769,000. 
The recommendation is identical to the fiscal year 2004 funding 
level and $19,231,000 above the budget request. The Public 
Telecommunications Facilities Planning and Construction [PTFPC] 
program awards competitive grants that help public broadcasting 
stations, State and local governments, Indian tribes, and 
nonprofit organizations construct facilities to bring 
educational and cultural programming to the American public 
using broadcasting and non-broadcasting telecommunications 
technologies. The primary focus of the PTFPC program has been 
assisting public broadcasters in making the transition from 
analog to digital broadcasting.

                   INFORMATION INFRASTRUCTURE GRANTS

Appropriations, 2004....................................     $14,842,000
Budget estimate, 2005...................................................
Committee recommendation................................      14,842,000

    The Committee recommends an appropriation of $14,842,000. 
The recommendation is identical to the fiscal year 2004 funding 
level and $14,842,000 above the budget request. The Committee 
directs the NTIA to limit eligibility for this program.
    For the last 2 fiscal years, the Administration has slated 
the Technology Opportunities Program [TOP] for elimination. The 
reason for the elimination, according to the Department, is 
that the program has fulfilled its mission. However, there are 
great numbers of Americans that could benefit from the TOP 
program. The Committee therefore recommends continued funding 
for this program.
    The Regional Information Sharing System [RISS] program 
under the Department of Justice provides technology support 
funding for law enforcement entities. The Committee 
recommendation therefore prohibits law enforcement entities 
eligible to receive funding under the RISS program from 
applying for TOP funds. The Committee expects NTIA to give 
preference to applications from consortia for which no other 
funding source exists.

               United States Patent and Trademark Office

                         SALARIES AND EXPENSES

Appropriations, 2004....................................  $1,222,460,000
Budget estimate, 2005...................................   1,523,407,000
Committee recommendation................................   1,544,754,000

    The Committee recommends total budgetary resources of 
$1,544,754,000. The recommendation is $322,294,000 above the 
fiscal year 2004 funding level and $21,347,000 above the budget 
request.
    The recommendation includes language that raises the amount 
of fees the United States Patent and Trademark Office [USPTO] 
may collect by $208,754,000. These additional funds are 
necessary for USPTO to fully implement the Twenty-First Century 
Strategic Plan and to put an end to the pendency problems that 
have plagued the agency for so long, as discussed later in this 
section.
    The USPTO is charged with administering the patent and 
trademark laws of the United States. USPTO examines patent 
applications, grants patent protection for qualified 
inventions, and disseminates technological information 
disclosed in patents. USPTO also examines trademark 
applications and provides Federal registration to owners of 
qualified trademarks. The USPTO is subject to the policy 
direction of the Secretary of Commerce, but the agency has 
independent control of its budget, expenditures, personnel, 
procurement and other administrative and management functions. 
Patent laws administered by the USPTO encourage invention, 
innovation, and investment. The USPTO plays a critical role in 
promoting the continued development of intellectual property in 
this country. For established companies, new patents improve 
competitiveness, increase productivity, help bring new products 
and services to market, and create jobs.
    In fiscal year 2002, the Committee directed the USPTO to 
develop a 5-year strategic plan. The USPTO answered this 
directive with the Twenty-First Century Strategic Plan, which 
was submitted to Congress in June, 2002. With the submission of 
the Twenty-First Century Strategic Plan, the USPTO requested to 
increase fees by more than $200,000,000 and to increase its 
operating budget by 28 percent. The request for such budget 
increases rests on the assumption that substantial additional 
funding is necessary to enhance the quality of patent and 
trademark examining and reduce pendency. The Committee has 
questioned--and continues to question--the assumption that the 
USPTO's past failure to attain these objectives was the result 
of inadequate funding and that future ability to attain these 
objectives is dependent upon the hiring of hundreds, if not 
thousands, of additional personnel. Time will tell.
    Intellectual Property.--In addition to the examination and 
issuance of patents and trademarks, USPTO works to protect and 
promote the protection of American intellectual property 
domestically and overseas. Under the American Inventors 
Protection Act of 1999 [AIPA], the USPTO is directed to advise 
the President and all Federal agencies on National and 
international intellectual property policy issues. The agency 
is authorized by AIPA to provide guidance, conduct programs and 
studies, and otherwise interact with foreign intellectual 
property offices and international intergovernmental 
organizations on matters involving the protection of 
intellectual property. The Committee conducted hearings on the 
United States' Federal efforts to combat privacy and 
counterfeiting of American intellectual property in April 2004. 
As discussed in the opening section of this statement, the 
Committee has found our Federal efforts to be inadequate. The 
recommendation therefore includes $20,000,000 for USPTO to 
increase its efforts to ensure that governments in developing 
and least developed countries are establishing regulatory and 
enforcement mechanisms in order to meet their international 
obligations relating to the protection of intellectual 
property, and to assist them in these efforts. This funding 
shall also be for USPTO to augment its compliance monitoring 
activities and capabilities overseas.
    Within the amount made available for USPTO, $990,000 is for 
a grant to the Whittemore School of Business for an 
intellectual property rights pilot project.
    Any deviations from the funding distribution provided for 
in this Act and in its accompanying statement, including 
carryover, are subject to the standard reprogramming procedures 
set forth in section 605 of this Act. In addition, 60 days 
after the date of enactment of this Act, the USPTO shall submit 
to the Committee a spending plan for fiscal year 2005. This 
spending plan should incorporate all carryover balances from 
previous fiscal years, describe any changes to the patent or 
trademark fee structure, and demonstrate how funding available 
to the USPTO in fiscal year 2005 will allow the agency to 
achieve the objectives laid out in the Twenty-First Century 
Strategic Plan.

                         SCIENCE AND TECHNOLOGY

                       Technology Administration

                         SALARIES AND EXPENSES

Appropriations, 2004....................................      $6,343,000
Budget estimate, 2005...................................       8,294,000
Committee recommendation................................       6,407,000

    The Committee recommends an appropriation of $6,407,000. 
The recommendation is $64,000 above the fiscal year 2004 
funding level and $1,887,000 below the budget request. The 
recommendation does not provide funding for the Interagency 
Global Positioning System Executive Board Secretariat or the 
Office of Space Commercialization because the Committee 
recommendation includes funding for these offices under the 
National Oceanic and Atmospheric Administration where similar 
activities relating to their mission are funded.

             NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

Appropriations, 2004....................................    $621,494,000
Budget estimate, 2005...................................     521,469,000
Committee recommendation................................     784,963,000

    The Committee recommends an appropriation of $784,963,000. 
The recommendation is $163,469,000 above the fiscal year 2004 
funding level and $263,494,000 above the budget request. The 
recommendation provides that up to $14,800,000 may be 
transferred from the Scientific and Technical Research and 
Services account to the Working Capital Fund, which the 
National Institute of Standards and Technology [NIST] uses to 
purchase equipment for its laboratories.
    In light of budgetary issues and recent reductions-in-
force, NIST is directed to consult the Committees on 
Appropriations before proceeding with further implementation of 
competitive outsourcing.
    A description of each NIST account and the corresponding 
Committee recommendation follows:

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

Appropriations, 2004....................................    $340,743,000
Budget estimate, 2005...................................     422,868,000
Committee recommendation................................     383,892,000

    The Committee recommends an appropriation of $383,892,000. 
The recommendation is $43,149,000 above the fiscal year 2004 
funding level and $38,976,000 below the budget request. The 
recommendation provides the maximum funding deemed prudent for 
this account to insure that NIST meets its mission.
    The Committee's recommendations are displayed in the 
following table with specific increases described:

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
Electronics and Electrical Engineering..................          49,191
Manufacturing Engineering...............................          23,584
Chemical Science and Technology.........................          43,542
Physics.................................................          41,515
Materials Science and Engineering.......................          60,424
Building and Fire Research..............................          21,594
Computer Science and Applied Mathematics................          65,660
Technology Assistance...................................          15,445
National Quality Program................................           5,400
Research Support Activities.............................          57,537
                                                         ---------------
      Total, STRS.......................................         383,892
------------------------------------------------------------------------

    Within the funds made available for Electronics and 
Electrical Engineering, $7,000,000 is for the Office of Law 
Enforcement Standards [OLES], of which $4,000,000 is to fund 
the highest priority homeland security research projects. 
Projects managed by OLES are to be coordinated with the 
Department of Justice and the Department of Homeland Security. 
In addition, $1,000,000 is for the nanoelectronics initiative 
which supports the development of semiconductor technologies.
    Within the funds made available for Manufacturing 
Engineering, $2,000,000 is for the nanomanufacturing initiative 
enabling critical infrastructural measurements and standards 
for the developing nanotechnology industry.
    Within the funds made available for Physics, $3,000,000 is 
for quantum computing. The Committee strongly supports NIST's 
Nobel Laureates' efforts in this area. The Committee believes 
their leadership could provide a revolutionary breakthrough in 
computing technology just as the transistor did over 50 years 
ago.
    Within the funds made available for Materials Science and 
Engineering, $6,000,000 is provided for upgrades to the 
National Center for Neutron Research in order to meet the 
increasing demands for this national scientific resource.
    Within the funds made available for Building and Fire 
Research, $2,000,000 is for measurements and standards for 
advanced fire fighting technologies. Numerous innovative 
technologies are becoming available for the Nation's fire 
departments. Unfortunately, there are few standard test methods 
able to assess the performance of these instruments. These 
devices represent a significant investment for the limited 
budgets of most fire departments. The current lack of test 
methodology forces fire departments to evaluate the performance 
based on ``word of mouth'' and manufacturer literature.
    Within the funds made available for Computer Science and 
Applied Mathematics, $2,800,000 is for NIST's efforts in 
support of the Technical Guidelines Development Committee, as 
established under the Help America Vote Act, Public Law 107-
252. Additionally, the Committee acknowledges NIST's support of 
the US VISIT program and other biometric programs at the State 
and Justice Departments. As such, $2,000,000 is provided to 
allow NIST to begin testing the accuracy of multimodal systems, 
develop guidelines for testing single finger and slap 
fingerprint segmentation methods, and determining the influence 
of multiple images on the accuracy of facial biometrics. The 
Nation's critical infrastructure is at constant risk due to 
inadequate security which is subject to exploitation, including 
the critical systems of the Federal Government. As such, NIST's 
Computer Security Division has been given important authorities 
and responsibilities by the Congress to conduct its mission of 
developing Federal standards, security guidelines, security 
checklists and associated methods and techniques for securing 
information systems, specifically Federal non-classified 
systems. These responsibilities are derived from the Federal 
Information Security Management Act and the Cyber Security 
Research and Development Act. Unfortunately, this important 
mission has not received the funding it requires. To begin to 
address this deficiency, the Committee recommendation includes 
$10,000,000 to develop the standards, guidelines, security 
specifications, testing methods, checklists, and testing and 
scanning tools necessary to protect the Nation's cyberspace.
    Within the funding for Research Support, an increase of 
$1,533,000 is provided to the Competence program, $11,000,000 
is provided to transfer to the NIST Working Capital Fund to 
purchase equipment for the Advanced Measurement Laboratory, and 
$10,000,000 is provided for Business Systems.
    Chemical Science and Technology Study.--The Committee 
understands that the current methods of bulk asbestos analysis 
were designed to segregate commercial asbestos products 
containing more than 1 percent asbestos and may be inadequate 
for determining low concentrations of asbestos that occur in 
the natural environment. The Committee is aware of private-
sector interest in developing a mass-based method that is 
accurate to the 0.1-1 WT percent levels and which will 
segregate asbestos from non-asbestos particles on mine-grade 
samples of amphiboles and a method for distinguishing asbestos 
and non-asbestos particles in airborne filter samples. The 
Committee directs NIST to provide to the Committee not later 
than January 31, 2005, a determination on whether developing 
such a methodology is necessary, and if so, the process, cost, 
and timetable for developing this methodology.

                     INDUSTRIAL TECHNOLOGY SERVICES

Appropriations, 2004....................................    $216,480,000
Budget estimate, 2005...................................      39,190,000
Committee recommendation................................     315,000,000

    The Committee recommends an appropriation of $315,000,000. 
The recommendation is $98,520,000 above the fiscal year 2004 
funding level and $275,810,000 above the budget request.
    Manufacturing Extension Programs [MEP].--The Committee 
recommends an appropriation of $112,000,000 to fully fund all 
MEP centers. The recommendation is $72,393,000 above the fiscal 
year 2004 funding level and $72,900,000 above the budget 
request. The Committee also recommends bill language 
prohibiting the Secretary of Commerce from recompeting any 
existing Manufacturing Extension Center prior to 2007.
    The Committee is aware of recent data indicating that in 
2003 alone, MEP clients who had completed projects within the 
prior 12 months reported increased sales of $953,000,000; 
retained sales of $1,840,000,000; benefited from $681,000,000 
in cost savings; and created or retained 35,028 jobs. 
Meanwhile, as a result of the growing loss of American 
manufacturing jobs in the last year, the Commerce Department 
has proposed, over the past several months, a hodge-podge of 
small new programs to assist manufacturers, yet has provided 
very little support to the MEP center system which has a proven 
record. The Committee believes that fully funding the MEP 
centers is the most economical and prudent means of assisting 
small manufacturers that want to remain in the United States 
hiring American workers, and also want to stay competitive in 
the global market place.
    Of the funds recommended, $6,000,000 is provided to ensure 
small and rural States receive necessary manufacturing 
assistance and services. The Committee has reviewed the 
Department of Commerce's report ``Manufacturing in America'' 
recommendations and is concerned that it is reorganizing the 
MEP program around a regional approach. The Committee 
recognizes that the original concept of 12 regional centers for 
MEP is not the best model to address the needs of small and 
medium-sized manufacturers. The Committee supported MEP's 
expansion in order to equalize services to all types of 
manufactures across the country. The Committee directs the 
Undersecretary of Technology Administration and NIST to provide 
the necessary coverage for small and medium-sized 
manufacturers. In addition, the Committee is concerned about 
the ability of small and rural States to provide adequate 
``matching'' funds. The Committee directs MEP to develop a 
program which will provide additional assistance to small and 
rural States and report back to the Committees on 
Appropriations by December 31, 2004, with an implementation 
plan.
    Advanced Technology Program [ATP].--The Committee 
recommends an appropriation of $203,000,000. This 
recommendation is $23,825,000 above the fiscal year 2004 
funding level and $203,000,000 above the budget request. The 
amount, when combined with $8,500,000 in prior year 
deobligations and carryover, will fully fund ATP awards. Within 
the amounts made available $60,700,000 is to be used to fund 
new awards.

                  CONSTRUCTION OF RESEARCH FACILITIES

Appropriations, 2004....................................     $64,271,000
Budget estimate, 2005...................................      59,411,000
Committee recommendation................................      86,071,000

    The Committee recommends an appropriation of $86,071,000. 
The recommendation is $21,800,000 above the fiscal year 2004 
funding level and $26,660,000 above the budget request. The 
recommendation funds the highest priority safety, capacity, 
maintenance, and repair projects at NIST. Of the amounts 
provided, $12,000,000 is for the next phase of the Central 
Utility Plant, $3,800,000 is for the first phase of renovation 
of Building 1, and $3,600,000 is to fully fund the renovation 
of Building 4 at the Boulder, CO, Laboratory, thus enabling the 
machine shop to be relocated from valuable scientific space. 
The Committee does not recommend funding for the NIST North 
relocation. The Committee has yet to receive the updated 
facilities report required by last year's appropriation, which 
would have provided detailed justification for the need of this 
relocation. The Committee has, however, received adequate and 
detailed information on the current state of disrepair of the 
Boulder Laboratory and renovation plans for that facility. The 
Committee understands the renovations in Boulder to be NIST's 
highest priority projects and recommends that NIST address 
these facilities. Additionally, within the amounts provided, 
$19,171,000 is for safety, capacity, maintenance, and major 
repairs. This funding is to be used to address the high 
priority ``backlog'' maintenance projects, such as asbestos 
abatement, site alarm system installation, environmental 
compliance, and necessary repairs needed in the Congressional 
Affairs Office.
    Language is provided which will allow NIST to utilize the 
depreciation and use surcharge it collects from outside sources 
toward the repair and maintenance of its facilities. This 
surcharge is collected pursuant to OMB Circular A-25 and is 
currently returned to the Treasury's General Fund. OMB allows 
agencies to propose other uses of the funding collected, as 
such, NIST has proposed and had this language approved as part 
of its legislative proposal. Since this proposal is directly 
related to the appropriations of this account the Committee has 
included the proposed language in the bill.

            National Oceanic and Atmospheric Administration

                     (INCLUDING TRANSFERS OF FUNDS)

Appropriations, 2004....................................  $3,701,011,000
Budget estimate, 2005...................................   3,373,498,000
Committee recommendation................................   4,141,793,000

    The Committee recommends an appropriation of $4,141,793,000 
for the National Oceanic and Atmospheric Administration [NOAA]. 
Of this amount, transfers total $60,000,000. The recommendation 
is $440,782,000 above the fiscal year 2004 funding level and 
$768,295,000 above the budget request. The Committee 
recommendation disapproves the budget request which proposes to 
terminate or significantly reduce almost $700,000,000 from 
programs ranging from climate change to marine mammal 
management to infrastructure support.

                      OCEAN COMMISSION INITIATIVE

    NOAA is the Nation's lead civilian agency in science, 
service and stewardship for the Earth's oceans and atmosphere. 
The agency's importance was recently highlighted by the United 
States Commission on Ocean Policy, the most comprehensive 
review of ocean policy and programs in over 35 years. The 
Committee's recommendations clearly highlight NOAA's diverse 
and important programs, and call for the agency and its 
programs to be strengthened and significantly expanded.
    The Committee's recommended funding levels enhance and 
improve a number of programs endorsed by the Commission. In 
total, the Committee has recommended $454,297,000, an increase 
above fiscal year 2004 funding level of $205,874,000 and 
$239,075,000 above the budget request to support a number of 
the NOAA programs highlighted by the Commission's report. The 
Committee recommendations are provided in the following table:

               COMMITTEE NOAA OCEAN COMMISSION INITIATIVE
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
Integrated Coastal & Ocean Observation System...........          74,650
Ocean Health Initiative.................................          20,000
National Sea Grant Program..............................          73,906
NOAA Education Initiative...............................          21,907
Ocean Exploration/Undersea Research.....................          49,983
Marine Debris...........................................           7,500
International Fisheries Treaties/Negotiations and                  5,000
 Compliance.............................................
Marine Mammal Initiative................................          12,000
Satellite Oceanography/Transition NASA Research Into              10,000
 Operations.............................................
Vessel Days at Sea/Ship Maintenance.....................         115,351
Shipbuilding/Equipment and Technology...................          64,000
                                                         ---------------
      Total Ocean Commission Initiative.................         454,297
------------------------------------------------------------------------

    Integrated Coastal and Ocean Observations.--The United 
States Commission on Ocean Policy's report documents the 
enormous national benefits from deploying an operational ocean 
measurement and forecasting capability. The United States 
maintains a robust and effective meteorological observing and 
modeling capability for the atmosphere, but it largely lacks 
the same capability for the marine environment. Ocean and 
coastal observations and forecasting has not been a priority 
for the United States in the past, for example a current 
network of data buoys maintained by NOAA anchored offshore 
America's coasts primarily measure the atmosphere and are 
commonly referred to as marine ``weather'' buoys.
    A true integrated system must coordinate and consolidate 
data from stationary and drifting buoys, ships, satellites, 
tide gauges, and other platforms, develop computer models, and 
provide quality controlled data products on a real-time basis. 
The Commission's report notes the many physical, chemical, and 
biological variables that an integrated system needs to measure 
on an operational basis. In short, the United States needs to 
significantly improve its ability to measure and forecast the 
oceans and especially the coastal oceans and environment. NOAA 
needs to provide an oceans service for the Nation in the same 
way it has for years provided a weather service.
    The Committee commends the efforts that NOAA has made to 
integrate various observational systems, and bring together 
various Federal agencies and diverse regional systems that 
often were deployed for research rather than operations. In 
recognition that it is the only civilian Federal agency with 
the technical expertise, background, and mission, the U.S. 
Commission on Ocean Policy tasked NOAA as the lead agency for 
development and deployment of a true National Integrated 
Coastal and Ocean Observing System.
    The Committee recommendation provides $74,650,000 for 
development, management, deployment, and operation of a true 
national Integrated Coastal and Ocean Observing System, an 
increase of $47,649,000 above fiscal year 2004 appropriated 
levels. The Committee notes that NOAA Oceans and Coasts/
National Ocean Service has the lead for creating this 
capability, but this challenge will involve the combined 
capabilities of all NOAA components. The Committee 
recommendation includes procurement and operating funds, and 
support for regional partners. The Committee recommendation 
includes $13,000,000 for conversion of NOAA marine ``weather 
buoys'' to carry and operate oceanographic sensors, and directs 
that this be a joint effort between the NOAA Oceans and Coasts 
and the National Data Buoy Center. Of the $32,000,000 provided 
under the ``ICOOS'' line items in NOAA Oceans and Coasts, not 
less than $2,000,000 is for coastal and ocean supercomputer 
models developed jointly with the National Centers for 
Environmental Prediction, Environmental Modeling Center.
    The NOAA ICOOS amounts in the accompanying NOAA table are 
for development of Federal capacity and are for deployment of 
an operational system. This $32,000,000 is exclusive of support 
the Committee has provided for specific regional and university 
based systems, which also are depicted in the accompanying 
detail table.
    Oceans and Human Health.--The Ocean Commission report 
acknowledges that the need to better understand the 
relationship between oceans and human health is growing in 
scientific and societal importance. Oceans and human health 
research spans topics ranging from development of marine 
pharmaceuticals, understanding causes and effects of harmful 
algal blooms [HABs] and seafood contamination, to the 
relationship of climate change on coastal and human health. 
While the Committee has provided funding during the past 2 
years for an ocean and human health initiative, recent Senate-
passed legislation (S. 1218, the Oceans and Human Health Act) 
and the draft report of the United States Commission on Ocean 
Policy have both validated the Committee's efforts and 
recognized the need for additional Federal investment and focus 
in this area. Specifically, the Commission recommended that 
Congress establish and fund a national, multi-agency Oceans and 
Human Health Initiative that would include support at NOAA and 
other research agencies for expanded multidisciplinary research 
on oceans and human health, such as development of new 
compounds, expanded research in marine microbiology and 
virology, and methods for monitoring and identifying pathogens 
and chemical toxins in ocean water and seafood. The Commission 
recommended a doubling of Federal ocean and human health 
program funding to $28,000,000. The Committee has adopted this 
recommendation with respect to NOAA, doubling the investment in 
the NOAA Oceans and Human Health Initiative from $10,000,000 in 
fiscal year 2004 to $20,000,000 in fiscal year 2005.
    Ocean Exploration.--The United States Commission on Ocean 
Policy calls for a significant expansion of NOAA's Ocean 
Exploration [OE] Program. The Commission's position on Ocean 
Exploration is quite similar to that put forward by the 
President's Panel on Ocean Exploration issued in the fall of 
2000.
    On virtually every OE mission, scientists are discovering 
new geographic features, resources and lifeforms. While the 
United States space program ponders whether water exists on 
other planets, it is clear that this planet is over 70 percent 
ocean, and much of it remains to be explored. The Ocean 
Commission and others estimate that 95 percent of the world's 
ocean floor remains unexplored. As the Commission's report 
noted:
    ``Given the importance of the ocean in human history and in 
regulating climate change, guaranteeing food security, 
providing energy resources, and enabling worldwide commerce, it 
is astounding that we still know so little about it. This is 
due primarily to the lack of a long-term, large-scale 
commitment to ocean exploration. The ocean and its depths need 
to be systematically explored to serve the interests of the 
Nation and humankind.''
    NOAA has operated an undersea research program focused on 
several university centers since the early 1980's. Beginning in 
2000, NOAA undertook a new Ocean Exploration initiative that 
was intended to make competitive grant awards and to join with 
new external partners in the exploration of the seas. The OE 
initiative specifically focused on discovery-based submersible 
missions, and from the beginning it made educational outreach a 
central focus of the program. The Committee recommendation 
supports the Commission's report and provides $49,983,000 for 
NOAA Ocean Exploration, an increase of $18,800,000 above 
current fiscal year 2004 levels, and $27,845,000 above the 
fiscal year 2005 budget request. Of the total recommendation, 
$30,983,000 is provided for the NOAA Ocean Exploration 
initiative and $19,000,000 is provided for the National 
Undersea Research Program (including the National Institute for 
Undersea Science and Technology). In addition to the preceding 
amounts, $2,000,000 is recommended for days at sea as well as 
initial staffing of the new dedicated NOAA Ocean Exploration 
Vessel.
    Marine Debris.--The Committee has long been aware of the 
need to address the pervasive problem of marine debris, which 
includes a wide variety of objects generated by human 
activities--from plastics and cigarette butts to vessel cargo 
and derelict fishing gear. The dire threats posed by marine 
debris to marine life, the marine environment and navigation 
safety are compounded by the persistent nature of these 
objects. While the long-term solution is prevention, the near 
term approach must focus on identification, removal, and 
reduction of these materials, and develop effective prevention 
strategies. In recent years, the Committee has provided funds 
targeted to a unique and remote ecosystem where debris from 
distant shores and vessels have had deadly effects on 
endangered marine mammal and bird species, as well as corals: 
the Northwestern Hawaiian Islands [NWHI]. The NOAA-led program 
for the NWHI cleanup was comprised of Federal, State, local, 
and nongovernmental entities and has been hailed as a national 
model for marine debris removal and recycling (fishing nets 
provided cogenerated energy to local households). With concern 
over the oceans increasing, the problem of marine debris is now 
at the forefront of national concern, occupying an entire 
chapter of the Preliminary report of the United States 
Commission on Ocean Policy, and the sole focus of legislation 
recently introduced in the Senate. The Committee recommendation 
includes $7,500,000 for NOAA to undertake a national effort 
focused on identifying, removing, reducing and preventing the 
occurrence of marine debris, as recommended by the United 
States Commission on Ocean Policy, with priority given to 
identifying and reducing impacts on endangered, threatened or 
protected species and sensitive habitats in United States 
waters. The Committee directs the NOAA Administrator to work 
with Federal, State, and local partners, including 
nongovernmental entities in developing such a program, and seek 
to increase the ranged and effectiveness of the program through 
public/private matching.
    NOAA Education Initiative.--The United States Commission on 
Ocean Policy report and the recent National Science and 
Technology Council report ``Science for the 21st Century'' 
highlight and endorse the important role that Federal mission 
agencies have in education, especially in promoting science, 
math, and environmental education for K-12 students. The 
Commission noted: ``Although not all ocean-related Federal 
agencies have a specific education mission, most have made 
efforts to reach out to students, teachers, and the public to 
inform them about ocean issues, sometimes by adding ocean-
related components to larger science and environmental 
education efforts.''
    NOAA along with National Aeronautics and Space 
Administration [NASA] and the National Science Foundation [NSF] 
plays a critically important role in promoting education and 
environmental literacy. NOAA operates the respected Sea Grant 
University program, and has developed outstanding outreach and 
education programs in the Ocean Exploration, Marine 
Sanctuaries, National Estuarine Research Reserve, and Minority 
Serving Institution programs. Probably most impressive has been 
grass roots efforts by NOAA employees/offices around the 
Nation. For example, the NOAA National Weather Service forecast 
office in Cheyenne, WY, developed the successful Women in 
Science program that gained statewide recognition. The NOAA 
Fisheries Southeast Regional Office and NOMAO Aviation 
Operations Center have created environmental excellence 
education programs in Pinellas County, FL. NOAA offices and 
employees around the Nation have made similar efforts, and have 
made a tremendous impact. NOAA also has effectively involved 
external partners, such as the National Aquarium in Baltimore 
and the National Marine Sanctuary Foundation, in outreach and 
education programs for America's youth, including economically 
disadvantaged students. In 2003, with congressional approval, 
NOAA created an Office of Education in recognition that more 
can and should be done.
    The Committee recommendation includes increased funding to 
further NOAA's educational outreach and results-oriented 
approach. Funding for the Sea Grant program is recommended at 
$73,906,000, an increase of $11,278,000 above fiscal year 2004 
and $16,448,000 above the budget request. Funding for the 
Minority Serving Institution [MSI] program is recommended at 
$17,407,000, an increase of $2,407,000 above fiscal year 2004 
and the budget request. The Committee commends the MSI program 
and directs that it have not less than six FTE allocated and 
filled. The Committee recommends that NOAA create an additional 
center of excellence and seek to improve geographic and ethnic 
diversity in its MSI program (no centers are currently located 
west of the Mississippi River).
    The Committee recommends an increase of $10,000,000 for the 
NOAA Office of Education to provide innovative K-12 
environmental education outreach programs that involve local 
NOAA offices and partnerships. The Committee expects that NOAA 
will inform the House and Senate Committees on Appropriations 
not later than February 1, 2005, on how it allocated these 
program funds and the specific initiatives undertaken. As part 
of its overall NOAA education initiative, the Committee also 
has included $1,000,000 to support the Ocean Science Bowl, 
$2,500,000 for the JASON program, $3,500,000 for BWET programs, 
and $500,000 for the Save Narragansett Bay education program. 
Finally, the Committee has included bill language clarifying 
NOAA's important role in elementary and secondary education.
    Satellite Oceanography/Transitioning Research to 
Operations.--The United States Commission on Ocean Policy, 
National Academy of Sciences, and others have pointed to the 
United States' poor record on transitioning remote sensing 
research and development into operational Earth-observing 
satellites. NASA is charged with Research and Development while 
NOAA is charged with flying operational satellites to acquire 
data on the Earth, the Earth's atmosphere, and oceans. Little 
of the sensor technology developed by NASA has been picked up 
by NOAA, and NOAA's budget requests to Congress have been 
conspicuously absent requests to even acquire and process data 
from NASA satellites, such as ocean winds from scatterometers, 
exact sea level and wave height from altimeters, as well as 
other oceanic measurements such as coastal ocean color. As 
noted by the U.S. Commission on Ocean Policy, it is NOAA's 
mission to fly operational satellites, including ocean remote 
sensing technology, and to provide data continuity.
    As a solution, the United States Commission on Ocean Policy 
recommended transferring NASA's Earth environmental observing 
satellites and budget to NOAA. The Committee has not taken 
action on this recommendation which will be referred to and 
reviewed by the Executive Branch. However, the Committee 
believes that the underlying inability of the NOAA budget 
request to address technology transition is indeed an issue 
that must be addressed. OMB needs to fairly and consistently 
review earth remote sensing programs across all Federal 
agencies. The Committee recommendation includes $10,000,000 to 
provide NOAA the capability to transition NASA remote sensed 
ocean measurements into operational products for the user 
community and support for NOAA/NASA ocean remote sensing 
partnerships.
    Marine Mammal Initiative.--The Committee notes that there 
have been over 25 significant and unexpected die-offs of marine 
mammal populations in the last 15 months, including over 700 
dead bottlenose dolphins washing up on the mid-Atlantic 
coastline, over 600 dead gray whales along their migratory 
route between Mexico and Alaska, and dozens of California sea 
lions suffering from seizures and ultimately dying on a public 
beach. In over 40 percent of the cases, the NOAA Fisheries' 
Office of Protected Resources could not make a determination of 
the cause of the mortality. In many instances, a determination 
could not be made simply because of the lack of funding 
necessary to reach the scene in time to do the necessary 
investigations and research. The need for better response by 
the agency, and the necessary funding for that response has not 
gone unnoticed. A number of reports from expert bodies, 
beginning with the ``1999 Kammer Report'', and as recently as 
the draft report of the United States Commission on Ocean 
Policy, have pointed to the urgent need to address a variety of 
immediate threats to marine mammals. The Committee has thus 
provided $12,000,000 for a marine mammal initiative. Of the 
funding provided for this initiative, the Committee 
recommendation includes $4,000,000 as emergency funding to be 
used by the NOAA Fisheries' Office of Protected Resources to 
address new or emerging needs associated with marine mammal 
injury or mortality, including unusual mortality events. Of the 
funding provided, the Committee recommendation also includes 
$7,000,000 to address the most critical marine mammal 
information and protection needs, including stock assessments, 
recovery plans, and bycatch reduction efforts. Finally, the 
Committee recognizes that the Office of Protected Resources is 
already short handed, and for the new initiative to take 
effect, additional personnel are needed. So of the funding 
provided for the Marine Mammal initiative, the Committee 
recommendation includes $1,000,000 for permitting functions of 
the Office of Protected Resources for hiring of additional full 
time equivalents. The Committee expects NOAA to continue to 
request funding for these additional FTEs in their fiscal year 
2006 budget submission.

                  NOAA MANAGEMENT AND FINANCIAL ISSUES

    The Committee takes note of the many management and 
budgetary reforms that NOAA has undertaken. The agency has 
successfully developed and deployed a modern financial 
accounting system, ``CAMS,'' and has received clean financial 
audits for the past 7 years. The Committee recommendation 
includes funding for continued CAMS software builds/
functionality and system improvements.
    The Committee strongly supports the priority the NOAA 
Administrator has assigned to grant administration and believes 
that grant processing cycle times can be and must be reduced. A 
prompt and transparent grant review and award system is 
essential to an agency that prides itself on considering 
external partners part of the NOAA team. Bill language is 
included so that the only area for which additional corporate 
costs may be assessed (above the fiscal year 2004 baseline) is 
improvements in grant processing cycle times--reducing the time 
required from application to award.
    The Committee notes that a new NOAA strategic plan was 
created in 2002/2003 with significant input from diverse NOAA 
constituent groups around the Nation. NOAA's current leadership 
has sought to create a unified NOAA through cross-cutting 
strategic goals and matrix management techniques similar to 
that used in the private sector. To that end, the Committee 
endorses the use of NOAA names for traditional line offices, 
such as ``NOAA Research'' and ``NOAA Fisheries,'' along with 
more traditional organizational titles. The Committee's 
recommendation endorses many crosscutting reforms as reflected 
in the allocations for such organizations as the Planning, and 
Programming Integration [PPI] line office and NOAA Chief 
Financial Officer's organization. Bill language is recommended 
for the first time to move toward a programmatic allocation of 
NOAA's budget through the five NOAA strategic goals: Ecosystem 
Forecasting and Management; Climate; Weather and Water; 
Commerce and Transportation; and NOAA-Wide programs. For the 
first time, the accompanying tables display program, project 
and activities by both line office and strategic goal.
    The United States Commission on Ocean Policy strongly 
supported NOAA's role as the lead civilian agency for the 
oceans, but also clearly noted that NOAA's organization needs 
significant reform and greater integration. NOAA's Oceans, 
Fisheries, Weather, Research, and Satellite ``line offices'' 
must be transformed into an integrated, effective whole working 
on behalf of the American people. The Committee would entertain 
a NOAA budget submission for fiscal year 2006 that is more 
programmatic and aligned with NOAA's strategic plan and 
strategic goals. The Agency should be reorganized to reflect 
environmental science and services as they are understood in 
2004, not 1970.
    The Committee also recommends that the administration 
provide a realistic budget submission for NOAA that is in line 
with annual appropriated levels and baselines, rather than 
fictitious OMB planning ceilings that have no relation to 
reality and, if enacted, would devastate the agency's service 
to the American people. The Committee recommends that the 
Director of OMB positively respond to the recommendations of 
the United States Commission on Ocean Policy, especially the 
Commission's criticisms of OMB's inconsistent policy and 
organizational approach to evaluating the Nation's natural 
resource, science, and space programs.
    The Committee has continued to provide direct 
appropriations for NOAA and Commerce Department corporate costs 
under ``NOAA-wide Program Support'' as was included for the 
first time in the fiscal year 2004 Omnibus Appropriations Act. 
The Committee has disapproved again the practice of allocating 
or tithing corporate costs across programs, projects, and 
activities. The appropriations in the various organizational 
accounts are accordingly adjusted to reflect the direct 
appropriation in lieu of the budget which included amounts in 
various programs across the agency.
    The recommended appropriations and accompanying tables 
restore the convention of including salaries and expenses 
(Object Classes 11-13) as an integral component of program 
costs. The Committee's recommendation has provided for the cost 
of living adjustment and adjustments to base as proposed in the 
budget request in order to support NOAA's outstanding 
workforce, its greatest asset. The recommendation includes an 
increase of $470,000 for information technology systems used by 
the CFO and CAO organizations. The hardware and software used 
by these NOAA support, or ``enabling functions'' lags behind 
the rest of NOAA. Finally, the Committee recommendation allows 
for five appropriation line items at NOAA headquarters, instead 
of separate small appropriations for each staff office as was 
allocated in fiscal year 2004. The Committee appreciates that 
as leader of an agency of 12,500 employees and $4,000,000,000, 
the NOAA Administrator should be accorded greater flexibility 
in determining how NOAA headquarters should be structured and 
resourced. Similarly, the Committee recommends that NOAA, the 
Office of the Secretary of Commerce, and OMB review carefully 
the discussion in this report's introduction titled 
``Reprogrammings, Reorganizations, and Relocations.'' The 
Committee notes that the long standing flexibilities provided 
in the reprogramming process cannot function when it requires 5 
or 6 months for a NOAA reprogramming to clear Commerce and OMB 
and finally be transmitted to Congress.
    The Committee rejects with prejudice the budget proposal to 
cut $15,000,000 across NOAA programs for ``deobligations.'' The 
Committee notes just 4 years ago NOAA leadership implored the 
Committee to eliminate these unwarranted and unrealized 
deobligations because they amounted to nothing more than 
general reductions across all NOAA programs and had a 
significant negative impact on program areas such as the 
weather service. The Committee notes that these savings, should 
any materialize, should be applied to meet unfunded pay raise 
requirements.
    The Committee has included bill language allowing NOAA to 
expand and make permanent the personnel management 
demonstration project pursuant to the Civil Service Reform Act. 
The Committee action provides NOAA with the same authorities as 
those already extended to the National Institute of Standards 
and Technology. Some parts of NOAA, such as NOAA Fisheries, 
have not been able to extend the current program, while other 
parts of NOAA have not been able to use this merit based system 
that promotes productivity and performance; the ``NOAA Pay 
Demo'' has been popular with both managers and employees. The 
Committee's recommended language would enable the National 
Ocean Service, NOAA headquarters, NOAA Finance and 
Administration and the CIO office to be under the demonstration 
program in their entirety. It allows organizations such as NOAA 
Fisheries to have more of their organizations under a single 
personnel system. The Committee expects that NOAA would not 
propose to extend the demonstration program to any organization 
covered by a collective bargaining agreement, including the 
Weather Service.
    The Committee has included bill language allowing the same 
flexibilities accorded to NASA in the promotion of its space 
programs to be extended to NOAA in the promotion of its 
oceanic, atmospheric, and space programs. The Commerce 
Department's Office of General Counsel regularly contests 
NOAA's ability to partner with industry and educational groups 
in the same manner as NASA does as a standard means of doing 
business. The Committee recommendation should allow NOAA 
programs to be treated in a similar and fair manner.
    The Committee recommendation has combined NOAA's two major 
appropriations accounts ``Operations, Research and Facilities'' 
and ``Procurement, Acquisition and Construction'' as was the 
case before the late 1990s. The new consolidated account 
``Operations, Research, Facilities and Systems Acquisition'' 
more clearly reflects the cost of NOAA environmental programs 
and it should provide greater flexibility to the Administrator 
in meeting requirements.
    The Committee supports NOAA's efforts to align financial 
and administrative activities along functional services. For 
example, all NOAA workforce/human resource personnel and 
activities should be under the direction of the Director of 
Workforce Management/Human Resources. Such fundamental 
management improvements should proceed and should not require 
reprogramming approval. The Committee also understands that 
NOAA is examining its regional administrative structure and may 
propose future consolidations and realignment. The Committee 
notes that any such restructuring or significant downsizing 
would be subject to section 605 procedures.
    Infrastructure and Efficient Operations.--The fiscal year 
2005 budget request regrettably represents a retrenchment in 
the effort to rebuild and invest in NOAA's science and service 
infrastructure. Unlike past years, funds are not requested to 
continue the construction of facilities like the NOAA Pacific 
Regional Facility. Newly constructed or refurbished vessels 
like the OSCAR DYSON and the HI'ALALAKAI are budgeted to 
operate for only 80 to 100 days at sea. This procedure leaves 
the taxpayers with most of the fixed costs, but without the 
benefit of the new platforms. Fishery and bathymetric surveys, 
coral reef monitoring, and marine debris removal requirements 
go unmet under the administration's budget while NOAA ships and 
their crews would remain in port.
    The Committee recommendation significantly amends the 
budget proposal with respect to NOAA's infrastructure and fleet 
assets; the Committee continues to take the lead in providing 
for efficient use of the fleet and for providing safety 
improvements and mission equipment for NOAA ships and aircraft. 
The Committee recommendation funds ships to operate at 
customary OPTEMPO levels and fully supports the NOAA Office of 
Marine and Aviation Operations and the NOAA Corps, the United 
State's Seventh Uniformed Service. Maintenance and safety 
equipment for both aircraft and ships has been increased above 
the budget request. The recommendation includes $4,000,000 in 
instrument upgrades for the G-IV high altitude hurricane 
reconnaissance aircraft have been provided so doppler radar and 
related meteorological instruments can be procured and 
installed. In addition, $18,000,000 in facility maintenance 
funds have been consolidated and increased so that these 
resources benefit all NOAA activities and facilities across the 
Nation, not only weather offices. The Committee recommendation 
restores $10,000,000 for the Small Waterplane Area Twin Hull 
Vessel [SWATH] which will conduct hydrographic operations in 
the Northeast and the Committee has programmed funding to 
provide the vessel with capability to perform essential fish 
habitat [EFH] mapping. Similarly, $3,000,000 is included to 
provide the FAIRWEATHER in the North Pacific with additional 
hydrographic launches, technology and EFH capability, thus 
greatly improving the efficiency and capability of this 
restored fleet asset. The recommendation includes $34,000,000 
to complete construction of the third NOAA Fisheries Research 
Vessel. The Committee recommendation includes $5,000,000 for 
long lead procurement of the fourth NOAA Fisheries Research 
Vessel. In fiscal year 2006, the Committee expects the Commerce 
Department/NOAA to submit a budget that fully funds the balance 
for construction of the fourth Vessel.
    Acquisition Program Out-Year Budget Estimates.--For over 30 
years the President's budget for NOAA included out-year 
estimates for each NOAA major acquisition program. Since NOAA 
satellites and other procurements, shipbuilding and 
construction are requested and appropriated on an 
``incremental'' or annual basis, it is essential that Congress 
and the taxpayers understand the total costs of program 
proposals and decisions. Three years ago, the Office of 
Management and Budget unilaterally decided to change this long-
standing practice. For example, the fiscal year 2005 budget 
requests the Committee to make a significant commitment to the 
GOES R program, yet only fiscal year 2005 financial 
requirements are displayed for this multi-year program.
    It would be impossible for the Senate or House Defense 
Appropriations Subcommittees to make informed decisions on 
acquisition programs without knowing out-year costs for RDT&E, 
Procurement and Military Construction programs. (OMB still 
allows such information to be submitted for Defense Department 
acquisition programs.) This requirement is just as true with 
respect to the Commerce, Justice, and State, the Judiciary and 
Related Agencies Subcommittee evaluating NOAA Programs. 
Accordingly, the Committee has included bill language requiring 
that out-year budget estimates be submitted by the Secretary of 
Commerce for fiscal year 2006 and each year thereafter as part 
of the annual budget justification materials each major 
procurement, acquisition and construction program supported by 
NOAA appropriations.
    Satellite Acquisition Progress Reports.--The Committee 
recommendation fully funds NOAA geostationary or ``GOES'' and 
polar-orbiting or ``POES'' satellite programs. The difference 
between the recommendation and the budget request merely 
reflects the consolidation of NOAA corporate costs as a direct 
appropriation instead of allocating program wide costs across 
various programs, projects and activities. The recommendation 
also, for the first time, allocates satellite system costs 
across NOAA strategic goals. With the GOES R program moving 
into development and the NPOESS program now in procurement, the 
Committee expects Commerce/NOAA to provide quarterly progress 
reports on these programs to the House and Senate Committees on 
Appropriations. The Committee expects NOAA to provide standard 
program management tracking data and financial data. With 
respect to the NPOESS program, this analysis should be provided 
by major payload sensors so that the Committee can ensure that 
the NPOESS program is staying within cost and schedule.
    Fleet Modernization.--In 1991 NOAA drafted and submitted a 
fleet modernization program to Congress. In the 13 years since 
that plan, NOAA has been able to construct (or begin 
construction) three new state of the art Fishery Research 
Vessels [FRV]. The Committee recommendation provides long lead 
procurement for the fourth ship and the Committee expects that 
this fourth FRV will be requested and fully funded in fiscal 
year 2006. NOAA has also been able to acquire a number of 
former Navy vessels, seven of which were 224 foot CLASS III T-
AGOS ships. (The Fiscal Year 2005 Senate Department of Defense 
Appropriations Act includes $18,000,000 to convert an 
additional T-AGOS to be a dedicated NOAA Ocean Exploration 
Vessel). Through creativity and tenacity, NOAA and, in 
particular, the Office of Marine and Aviation Operations, have 
been able to kluge together a modernization program, meet 
research and operational needs, and maintain safety at sea and 
in the air.
    The Committee understands that during the past 1\1/2\ years 
NOAA has undertaken examination of its vessel and aircraft 
fleets to determine future missions, requirements and 
capabilities. The Committee is concerned that hydrography, 
coastal research, fisheries, marine mammal, essential fish 
habitat, oceanic and atmospheric research and other 
requirements may continue to go unmet given NOAA's current 
procurement and contracting plans. Until now, the ocean 
exploration program requirements for shiptime appear to have 
been ignored by NOAA. NOAA's P-3 hurricane research/
reconnaissance aircraft are approaching 30 years of age and it 
is not clear how that mission will continue to be met in future 
years.
    The Committee requests that NOAA provide a ship and 
aircraft fleet modernization plan to the Committees on 
Appropriations, as well as relevant authorization committees. 
The report should document requirements in terms of days at sea 
and flying hours by functional mission area, and it should 
consider both Government and private sector assets (including 
the UNOLS academic fleet). It should also provide notional 
service life estimates for NOAA's current fleet of ships and 
aircraft. The report should cover the use of new technologies 
and platforms such as AUV's and UAV's. This report should be 
submitted to the Congress immediately upon enactment of this 
Act. To reduce OMB interference in NOAA's ability to meet this 
congressional requirement and to minimize bureaucratic delays, 
the report need not include exact financial or fiscal year cost 
estimates.

        OPERATIONS, RESEARCH, FACILITIES AND SYSTEMS ACQUISITION

Appropriations, 2004 \1\................................  $3,622,959,000
Budget estimate, 2005 \1\...............................   3,279,351,000
Committee recommendation................................   4,052,646,000

\1\ For fiscal year 2004 and the fiscal year 2005 budget estimate, these 
amounts are the total of NOAA ORF and PAC accounts, which are merged 
under the Committee recommendation.

    The Committee recommends an appropriation of 
$4,052,646,000. The recommendation is $1,409,395,000 above the 
fiscal year 2004 funding level and $1,671,805,000 above the 
budget request. Committee recommendation's by strategic goal 
and by specific line offices are displayed in the following 
table:

      NOAA OPERATIONS, RESEARCH, FACILITIES AND SYSTEMS ACQUISITION
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                          recommendation
------------------------------------------------------------------------
By Line Office Organization:
    NOAA Ocean and Coasts/National Ocean Service.......          737,559
    NOAA Fisheries/National Marine Fisheries Service...          733,544
    NOAA Research/Office of Oceanic and Atmospheric              479,385
     Research..........................................
    NOAA's National Weather Service....................          807,336
    NOAA Satellites/National Environmental Satellite             912,865
     and Data Information Services.....................
    NOAA Planning, Programming and Integration.........            4,000
    NOAA-Wide Program Support..........................          437,957
                                                        ----------------
      Total Operations, Research, and Facilities (less         4,052,646
       transfers)......................................
                                                        ================
By Strategic Goals:
    NOAA Ecosystems Forecasting and Management.........        1,548,498
    NOAA Ocean Exploration.............................           56,983
    NOAA Climate Programs..............................          408,181
    NOAA Weather and Water Programs....................        1,362,704
    NOAA Commerce and Transportation Programs..........          287,402
    NOAA-Wide Programs.................................          448,878
                                                        ----------------
      Total Operations, Research, and Facilities (less         4,052,646
       transfers)......................................
------------------------------------------------------------------------

             NOAA OCEANS AND COASTS/NATIONAL OCEAN SERVICE

    The Committee recommends an appropriation of $738,559,000 
for NOAA Oceans and Coasts/National Ocean Service [NOS]. 
Committee recommendations are displayed in the following table:

              NOAA OCEANS AND COASTS/NATIONAL OCEAN SERVICE
                        [In thousands of dollars]
------------------------------------------------------------------------
   NOAA                                                    Fiscal year
Strategic     Fiscal year 2005 operations, research,      2005 Committee
   Goal         facilities, and systems acquisition       recommendation
------------------------------------------------------------------------
        Navigation Services:
            Mapping & Charting:
      CT        Mapping & Charting Base (incl $2,000            40,488
                 fiscal year 2002 Supp)
      CT        Coastal Mapping                                    535
      CT        Joint Hydrographic Center (JHC)                  4,300
      CT            JHC--Bathymetric Study                       2,000
      CT            JHC--Development of EFH                      1,500
                     Technologies
      CT        Marine Modeling & Geospatial                     1,146
                 Technology
      CT        Hydrographic Surveys                             1,339
      CT        Electronic Navigation Charts                     4,300
      CT        Nautical Charting                                6,500
      CT        Navigational Services                            1,885
      CT        Shoreline Mapping                                2,448
      CT            Chesapeake Bay                               1,000
      CT            Aerial                                       1,000
      CT        Address Survey Backlog/Contracts                19,935
      CT            EEZ Outer Continental Shelf Ocean            2,226
                     Bottom Claims
      CT            Gulf of Alaska                               2,500
      CT            North Pacific                                1,000
      CT            North Pacific Maritime Boundary              2,000
                     Line
      CT        MS/LA Digital Coast                              1,000
      CT        Vessel Time Charter                              2,202
                                                      ------------------
                  Subtotal, Mapping and Charting                99,304
                                                      ==================
            Geodesy:
      CT        Geodesy Base                                    22,480
      CT        National Spatial Reference System                2,000
      CT        Height Modernization Study--NGS                    250
                 Implementation
      CT        Height Modernization Study NC                      993
      CT        Height Modernization TX                          1,000
      CT        Height Modernization Study--MS                     600
      CT        Geodetic Survey--CA                              1,000
      CT        Geodetic Survey- LA                                497
      CT        Geodetic Survey--So. Carolina                      500
                                                      ------------------
                  Subtotal, Geodesy                             29,320
                                                      ==================
            Tide & Current Data:
      CT        Tide & Current Data Base                        20,965
      CT        National Water Level Observation                 3,000
                 Network
      CT        PORTS                                            2,981
      CT        Alaska Current & Tide Data                       1,500
                                                      ------------------
                  Subtotal, Tide & Current Data                 28,446
                                                      ==================
                  Total, Navigation Services                   157,070
                                                      ==================
        Ocean Resources Conservation and Assessment:
            Ocean Assessment Program (OAP):
     ECO        Ocean Assessment Program Base                   46,159
     ECO        Coastal Observation Technology System            2,177
     ECO        Coastal Ocean Research & Monitoring              2,473
                 Program
     ECO        NOAA ICOOS                                      17,000
     ECO        NOAA/UNH Joint Ocean Observing                   5,000
                 Technology Center
     ECO        Alaska Ocean Observing System                    2,500
     ECO        Gulf of Maine Observing System                   2,000
     ECO        Long Island Sound Observing System               1,000
     ECO        Central Gulf of Mexico Observing                 2,000
                 System (USM)
     ECO        So Cal Coastal Ocean Observing System            2,000
                 (Scripps)
     ECO        Alliance for Coastal Technologies                3,000
     ECO        Center for Coastal Ocean Observation             2,500
                 and Analysis
     ECO        Carolina Coastal Ocean Observing and             2,500
                 Prediction System
     ECO        Wallops Ocean Observation Project                2,000
      WW        Coastal Storms                                   2,653
     ECO        Cook Inlet Coastal Monitoring and                1,000
                 Habitat
     ECO        Coastal Services Center                         23,000
     ECO        Pacific Coastal Services Center                  2,250
     ECO        Seacoast Science Center                          1,000
     ECO        E.E. Just Environmental Inst                       750
     ECO        Coastal Change Analysis                            500
     ECO        CREST                                              500
     ECO        CI-CORE                                          2,500
     ECO        Aquatic Research Consortium MS                   2,500
     ECO        Coop Institute for Coastal and                   6,800
                 Estuarine Enviro Tech
     ECO        Hawaii Coral Reef Initiative                     1,500
     ECO        Nat'l Coral Reef Initiative--Florida             1,000
     ECO        Coral Reef Programs                             25,462
     ECO        National Fish and Wildlife                       1,490
                 Foundation--NFWF
     ECO        South Florida Ecosystem                            900
                                                      ------------------
                  Subtotal, Ocean Assessment Program           166,114
                   (OAP)
                                                      ==================
            Response and Restoration:
     ECO        Response and Restoration Base                   15,843
     ECO        Estuary Restoration Program                      1,200
     ECO        Damage Assessment Program                        2,282
     ECO        Coastal Protection and Restoration               1,500
                 Project
     ECO        Marine Debris                                    7,500
     ECO        AK Coastline Marine Debris--Marine               1,500
                 Conservation Alliance
     ECO        Marine Debris Removal--SC                          200
     ECO        Hazardous Materials Response Program             1,619
      CT        Center for Marine Spill Response                 2,000
                 Project
     ECO        Pribilof Islands Cleanup and Economic           10,000
                 Development
                                                      ------------------
                  Subtotal, Response and Restoration            43,644
                                                      ==================
                  Subtotal, Estuarine and Coastal              209,758
                   Assessment
                                                      ==================
            National Centers for Coastal Ocean
             Science (NCCOS):
     ECO        Center for Coastal Environmental                15,000
                 Health & Bimolecular Rsch
     ECO        Extramural Research                              4,000
     ECO        High salinity estuaries (Baruch Inst)            1,000
     ECO        Oxford, MD                                       4,500
     ECO        Extramural Research                              2,000
     ECO        Ctr for Coastal Fisheries Habitat                5,750
                 Research
     ECO        Extramural Research                              2,000
     ECO        Center for Coastal Monitoring &                  6,000
                 Assessment
     ECO        Extramural Research                              2,000
     ECO        Center for Sponsored Coastal Ocean               3,700
                 Research
     ECO        Coastal Ocean Research Grants (HAB/              5,500
                 Pfisteria/GLOBEC)
     ECO        NCCOS Headquarters                               5,000
     ECO        Marine Env Health Research Lab--MEHRL            4,000
                                                      ==================
                  Subtotal, NCCOS                               60,450
                                                      ==================
                  Total, Ocean Resources Conserv. &            270,208
                   Assess
                                                      ==================
        Ocean and Coastal Management:
            Coastal Management:
     ECO        CZM Grants                                      70,500
     ECO        CZM Program Administration                       6,912
     ECO        National Estuarine Research Reserve             16,400
                 System
     ECO        Marine Protected Areas                           3,776
                                                      ------------------
                  Subtotal, Coastal Management                  97,588
                                                      ==================
            Ocean Management:
                Marine Sanctuary Program:
     ECO            Marine Sanctuary Program                    51,000
                     Operations
     ECO            Marine Sanctuary Foundation/Ocean            5,000
                     Activity Fund
     ECO            Northwest Hawaiian Islands                   1,500
                     Research/HI Institute of Marine
                     Biology
     ECO            Northwest Straits Citizens                     750
                     Advisory Commission
                                                      ------------------
                      Subtotal, Ocean Management                58,250
                                                      ==================
                      Total, Ocean and Coastal                 155,838
                       Management
                                                      ==================
      CTPayment to NOMAO                                         2,793
                                                      ==================
        Land Acquisition, Systems and Construction:
            Coastal and Estuarine Land Conservation
             Program:
     ECO        Seacoast, NH                                     2,500
     ECO        Maury Island, WA                                 2,000
     ECO        Orange Beach (Robinson Island) AL                1,000
     ECO        Wolf River Corridor, MS                          2,000
     ECO        Flats East Riverfront Park, Ohio                 2,000
     ECO        Mentor Marsh Lake County, Ohio                   1,500
     ECO        East Sandusky Bay Preserve, Ohio                 1,500
     ECO        Bayou Liberty Watershed Wetlands                   950
                 Conservation, LA
     ECO        Louisiana Dept. of Wildlife and                  3,000
                 Fisheries, LA
     ECO        Armand Bayou and Genoa-Red Bluff, TX               600
     ECO        Port Aransas Nature Preserve Wetlands            3,000
                 Protections Proj, TX
     ECO        Hawaii CELP                                      3,000
     ECO        West River, MD                                   1,000
     ECO        Other MD Chesapeake Bay CELP Projects            7,000
     ECO        Dos Peublos, CA                                  3,000
     ECO        Tonner Canyon, CA                                  500
     ECO        Southwest Alaska Conservation                    1,000
     ECO        Cypress Island, WA                               1,750
     ECO        National CELP Program                           15,950
                                                      ------------------
                  Subtotal, Coastal and Estuarine               53,250
                   Land Conservation Program
                                                      ==================
            NERRS Acquisition/Construction:
     ECO        National Estuarine Rsrch Reserve                10,000
                 Construction & Land Acq (NERRS)
     ECO        Elkhorn Slough, CA                               4,000
                                                      ------------------
                  Subtotal NERRS Acquisition/                   14,000
                   Construction
                                                      ==================
            Section 2 (FWCA) Coastal/Estuarine Land
             Acquisition:
     ECO        Bonneau Ferry, SC                               20,000
     ECO        Great Bay Partnership                            8,000
                                                      ------------------
                  Subtotal Section 2 (FWCA) Coastal/            28,000
                   Estuarine Land Acquisition
                                                      ==================
                  Subtotal NERRS & Section 2                    42,000
                   Acquisitions
                                                      ==================
            Marine Sanctuaries Construction/
             Acquisition:
     ECO        Marine Sanctuaries Construction Base             6,000
     ECO        Channel Islands National Marine                  5,000
                 Sanctuary
     ECO        Thunder Bay NMS Exhibit                          1,000
                                                      ------------------
                  Subtotal, Marine Sanctuary                    12,000
                   Construction/Acquisition
                                                      ==================
            Other NOS Construction/Acquisition:
     ECO        Bigelow Lab for Ocean Science (ME)               1,500
     ECO        NOAA ICOOS Observing System                     15,000
                 (Procurement)
     ECO        Convert NOAA Weather Buouys with NDBC           10,000
     ECO        Coastal Services Center Facility                 4,000
                 Expansion
     ECO        Gulf Coast Lab at Cedar Point (USM)              1,500
     ECO        DownEast Institute For Marine                    1,000
                 Research (ME)
     ALL        Pier Romeo Hardening (Charleston)                2,400
     ECO        Marine Environmental Health Research             8,000
                 Laboratory Enhancement & Equip
     ECO        National Aquarium Partnership                    1,000
                 (Facilities & Equipment)
                                                      ------------------
                  Subtotal, Other NOS Construction/             44,400
                   Acquisition
                                                      ==================
                  Total, Land Acquisition, Systems             151,650
                   and Construction
                                                      ==================
                  Total, NOAA Oceans and Coasts                737,559
------------------------------------------------------------------------
        NOAA Strategic Goals:
          ECO--Ecosystem Forecasting and Management.
          OE--Ocean Exploration.
          WW--Weather and Water Programs.
          CT--Commerce and Transportation.
          C--Climate Programs.
          ALL--NOAA-wide Programs.

    The Committee recommendation includes $1,000,000 for the 
Texas A&M University Corpus Christi Height Modernization 
initiative. The project utilizes geographic information systems 
and global positioning to update topographic elevation models 
in Texas.
    The Committee notes the outstanding service of the Office 
of Response and Restoration which regularly provides technical 
expertise for oil spills and hazardous materials in the marine 
environment. Office of Response and Restoration employees have 
been consistently singled out for recognition by the United 
States Coast Guard, by States, and foreign governments around 
the world.
    The Committee recognizes that Pier Romeo is vacant for much 
of the year while NOAA ships are out at sea. In an effort to 
maximize the use of Pier Romeo and to provide a full service to 
the Federal Government, the Committee directs the NOS 
Administrator to enter in an Memorandum of Understanding with 
other Federal agencies in the vicinity of the Coastal Services 
Center who have expressed an interest in using the pier for 
other marine and homeland security activities.
    Of the funds provided for Marine Sanctuaries, $1,000,000 is 
for NOAA to conduct research and provide technical assistance 
to the Galapagos Islands Marine Reserve in Ecuador. The 
Galapagos Marine Reserve is one of the world's great areas of 
biodiversity. However, this unique protected area is threatened 
by overfishing, including shark fining, and lack of 
enforcement. NOAA's Marine Sanctuary Program, and the Galapagos 
Park and Marine Reserve could both benefit by greater 
collaboration and partnership. In implementing this initiative, 
NOAA should ensure that its efforts are coordinated with 
USAID's environmental grant program in Ecuador. The Marine 
Sanctuary program should report to the Committee on its plan 
and accomplishments no later than June 2005.
    The Committee is aware that there currently exists within 
the ACE Basin National Estuarine Research Reserve [NERR] a 
unique, pre-existing commercial operation that raises monkeys 
solely for medical research at the United States Food and Drug 
Administration [FDA] and the National Institute of Health 
[NIH]. This limited purpose operation was in existence prior to 
the property being added to the ACE NERR, and is dependent upon 
the continued isolation and natural condition of the site. The 
Committee is aware of concerns by NOAA about the existence of 
such an operation within the NERR boundary. However, given the 
unique nature of this operation, and the important role it 
plays in both medical research and National security, the 
Committee directs the Secretary to work with the FDA, NIH, and 
the South Carolina Department of Natural Resources to ensure 
that the operation is compatible with the ACE NERR and the 
mission of the NERR system, and that the arrangement between 
FDA, NIH, and the South Carolina Department of Natural 
Resources to raise monkeys for medical research purposes is 
continued.
    Land Acquisition and Construction.--The funds included in 
the Committee recommendation for this account will be used 
expressly to acquire lands or interests in lands that include 
significant conservation, recreation, ecological, historical or 
aesthetic values or to construct interpretive, scientific, or 
stewardship facilities at the sites. In keeping with the 
statute, Section 2 (Fish & Wildlife Coordination Act) 
acquisition projects are not dependent upon receipt of local, 
State, or private matching funds.
    Coastal and Estuarine Land Conservation Program.--In 
addition to NOAA Coastal and Estuarine Land Conservation 
Program [CELP] acquisitions included in the NOAA ORFSA table 
accompanying this report, the Committee requests that NOAA 
evaluate the following CELP projects within resources provided 
for the national program and provide grants for acquisition if 
warranted: Coastal Prarie Ranch, CA; San Pablo Watershed, CA; 
Mill River, CT; Fish Island, MA; Grand Traverse, MI; Town of 
Webster, NY; White Oak, NC; Manahawkin Marsh, NJ; the Savannah 
River project; Dresher parcel, RI; and Winnapaug Pond, RI.

            NOAA FISHERIES/NATIONAL MARINE FISHERIES SERVICE

    The Committee recommends an appropriation of $733,544,000 
for NOAA Fisheries/National Marine Fisheries Service [NMFS]. 
Committee recommendations are displayed in the following table:

            NOAA FISHERIES/NATIONAL MARINE FISHERIES SERVICE
                        [In thousands of dollars]
------------------------------------------------------------------------
   NOAA                                                 Fiscal year 2005
Strategic   NOAA fisheries/NMFS operations, research,       Committee
   Goal          facilities and systems analysis         recommendation
------------------------------------------------------------------------
        Marine Mammals & Sea Turtles:
     ECO    California Sea Lions/Protected Species                750
             Management (PSM)
     ECO    Cook Inlet Beluga and Bio Research                    200
            Dolphins:
     ECO        Bottlenose Dolphins                             4,000
     ECO            MS Inst. For Marine Mammal                  2,500
                     Studies
     ECO        Dolphin Encirclement                            2,253
     ECO    Dolphins/Yellowfin Tuna Research                      233
     ECO    Marine Mammal Protection (MMP)/NMFS                 7,976
             Activities
            Marine Mammal Strandings:
     ECO        Alaska Sea Life Center                          1,000
     ECO        MS Center for Marine Education and              2,000
                 Research
     ECO        Charleston Health and Risk                        800
                 Assessment
     ECO        Marin Headlands Marine Mammal Center            2,000
     ECO        Shedd Marine Mammals                              250
     ECO    Marine Mammal Initiative                           12,000
     ECO        Prescott Grant Program                          4,000
     ECO    Marine Mammals, Sea Turtles & Other                23,604
             Species/Endangered Species Act (ESA)
     ECO    Marine Mammal Commissions Studies                   1,207
             (protection/predation)
            Native Marine Mammals:
     ECO        Alaska Eskimo Whaling Commission                  900
     ECO        Participation of AEWC in                          100
                 International Whaling Commission
                 Meetings
     ECO        Alaska Harbour Seals                              150
     ECO        Aleut Pacific Marine Resources                    125
                 Observers
     ECO        Beluga Whale Committee                            225
     ECO        Bowhead Whale Spatial Studies                     600
     ECO        Bristol Bay Native Association                     50
     ECO    National Fish & Wildlife Foundation                 1,000
             (NFWF) Species Mgmt (PSM)
     ECO    North Pacific Southern Resident Orca                1,500
             Population (PSM)
     ECO    Aleut Marine Mammal Commission                        150
     ECO    Right Whale Activities (ESA)                       10,109
     ECO        Cooperative State Plans                         2,000
            Sea Turtles:
     ECO        ESA                                             5,176
     ECO        Hawaiian Sea Turtles                            7,800
     ECO        Southeastern Sea Turtles                          300
            Seals:
     ECO        Harbor Seals                                      600
     ECO            Alaska Native Harbor Seal                    [600]
                     Commission
     ECO        Hawaiian Monk Seals                               825
     ECO    Steller Sea Lions:
     ECO        Endangered Species Act                            850
     ECO    Alaska Seals and Steller Sea Lions                  8,500
     ECO    State of Alaska Seals and Steller Sea               3,200
             Lion Programs
     ECO    Alaska SeaLife Center Seals and Steller             7,000
             Sea Lion Programs
     ECO        N. Pacific Universities MM                      2,500
                 Consortium (and Harbor Seal
                 Research)
     ECO        Recovery Plan:
     ECO            Fisheries Management (North                 2,000
                     Pacific Council)
     ECO            Univ of AK Gulf Apex Predator               1,500
     ECO            Winter Food Limitation (Pr                  1,000
                     William Sound Sci Ctr)
                                                     -------------------
     ECO              Subtotal, Marine Mammals & Sea          122,933
                       Turtles
                                                     ===================
        Fisheries:
     ECO    Alaska Fisheries Information Network                3,200
             (AKFIN)
            Alaska Groundfish Monitoring:
     ECO        Bering Sea Fishermen's Association                175
                 Community Development Quota (CDQ)
     ECO        Crab Research NMFS                                473
     ECO        NMFS Activities                                 2,017
     ECO        NMFS Field Fishery Monitoring                     300
     ECO        NMFS Rockfish Research                            334
     ECO        Winter Pollock Survey                             800
     ECO        State of AK Rockfish Research                   1,000
     ECO    Alaska Near Shore Fisheries State of                1,000
             Alaska
            Alaskan Groundfish Surveys:
     ECO        Calibration Studies                               240
     ECO        NMFS Activities                                   400
            American Fisheries Act:
     ECO        Implementation                                  3,525
     ECO        National Standards 4 and 8 State of               500
                 Alaska
     ECO        NMFS Activities                                 2,100
     ECO    Anadromous Fish Commission--North                     750
             Pacific
     ECO    Anadromous Grants                                   2,100
     ECO    Atlantic Herring and Mackerel                         198
     ECO    Bering Sea Pollock Research                           936
     ECO    Bering Sea and Aleutian Islands non-                  500
             pollock groundfish fisheries buyback
             program
     ECO    Bluefish/Striped Bass                                 700
     ECO        Rutgers                                           500
     ECO    Charleston Bump                                       650
     ECO        Billfish Tagging                                  500
     ECO    Chesapeake Bay Multi-Species Management               500
     ECO    Expand Annual Stock Assessments--Improve           18,900
             Data Collection
     ECO        California Oceanic Cooperative                    900
                 Fisheries Investigation (CalCOFI)
     ECO        Narragansett Bay (Phase IV)                     1,000
            Fisheries Statistics                               12,771
     ECO        Atlantic States Marine Fisheries                2,000
                 Commission
     ECO        Economics & Social Sciences Research            4,100
     ECO        National Fisheries Information                  2,575
                 System
     ECO        National Standard 8                               998
     ECO    Fisheries Development Program:
     ECO        Hawaii Fisheries Development                      750
                 (Oceanic Institute)
     ECO        Product Quality and Marketing:
     ECO            Gulf Shrimp                                 2,000
     ECO            South Atlantic Shrimp                       2,000
     ECO        Product Quality and Safety/Seafood              6,724
                 Inspection
     ECO    Fisheries Research and Management                 124,846
             Programs
     ECO    Gulf Fisheries Information Network (GULF            4,500
             FIN) Data Collection Effort
     ECO    Gulf of Maine Groundfish Survey                       519
     ECO    Halibut Data Collection                               500
     ECO    Halibut/Sablefish                                   1,143
     ECO    Hawaii Seafood Safety Progran                       1,500
     ECO    Hawaii Stock Management Plan (Oceanic                 500
             Institute)
     ECO    Highly Migratory Shark Fishery Research             2,000
             Program (Mote)
     ECO    Interjurisdictional Fisheries Grants                2,590
            Interstate Fish Commissions:
     ECO        3 Commissions                                     750
     ECO        Atlantic Cooperative Management                 9,250
     ECO    Large Pelagics Research Program (UNH)               3,000
            Marine Fisheries Initiative (MARFIN):
     ECO        NMFS Activities                                 2,433
     ECO        NE Activities                                     250
     ECO        Red Snapper                                       750
     ECO    New England Stock Depletion                         1,000
     ECO    Management of George's Bank                           441
     ECO    Pacific Coastal Fisheries Information               2,994
             Network (PACFIN) Catch Effort Data
     ECO    Recreational Fishery Harvest Monitoring/            3,445
             Rec. Fisheries Info Ntwk (RECFIN)
     ECO        RECFIN--SC (inshore recreation                    500
                 species assessment/ tagging)
     ECO    Red Snapper Monitoring and Research                 5,000
     ECO    Reduce Fishing Impacts on Essential Fish              500
             Habitat (EFH)
     ECO    Reducing Bycatch                                    3,800
     ECO    Regional Councils                                  15,547
            Salmon:
     ECO        Atlantic Salmon:
     ECO            ESA Recovery and Research                   2,915
     ECO            Recovery Plan                                 450
     ECO            Research                                      694
     ECO            Penobscot River Habitat                     2,000
                     Restoration
     ECO            State of Maine Salmon Recovery              1,645
                     (PSM)
     ECO        Chinook Salmon:
     ECO            Management                                    150
     ECO            Pacific Salmon Treaty--Chinook              1,844
                     Salmon Agreement
     ECO            Research at Auke Bay                          300
                    Yukon River Chinook Salmon:
     ECO                State of Alaska                         1,000
     ECO                Yukon River Drainage                      500
                         Fisheries Assoc
                Pacific Salmon:
                    Columbia River:
     ECO                ESA--Columbia River                     5,000
                         Biological Opinion (BIOP)
                         Implementation
     ECO                Endangered Species Studies                299
     ECO                Facilities (Columbia River              3,365
                         Hatcheries)
     ECO                Hatcheries and Facilities              11,457
     ECO                Hatcheries--Monitor,                    1,700
                         Evaluation and Reform
     ECO            Pacific Salmon Treaty                       8,100
     ECO            ESA Recovery and Research                  51,777
     ECO    West Coast Groundfish                               4,861
                                                     -------------------
     ECO      Subtotal, Fish                                  363,931
                                                     ===================
     ECOCrustaceans & Mollusks:
     ECO    Bering Sea Crab (State of Alaska)                   1,200
     ECO    Blue Crab Research Consortium                       2,500
     ECO    Crab Rationalization NOAA Fisheries                 1,000
     ECO    Chesapeake Bay Oyster Restoration                   2,000
     ECO    Horseshoe Crab Research (HCRC)                        650
     ECO    Lobster Sampling                                      150
     ECO    Mobile Bay Oyster Recovery                          1,000
     ECO    Oyster Restoration (Chesapeake--VIMS)               2,000
     ECO    Seafood Safety Initiative                           2,000
     ECO    Scallop Fishery Assessment (MFI)                    2,000
     ECO    Shrimp Pathogens: South Carolina                      650
     ECO    South Carolina Oyster Recovery                      1,000
     ECO    South Carolina Shrimper Assistance                  1,000
                                                     -------------------
     ECO      Subtotal, Crustaceans & Mollusks                 17,150
                                                     ===================
        Enforcement & Observers:
            Enforcement & Surveillance:
     ECO        Driftnet Act Implementation                     1,199
     ECO            Ghostnet--High Seas Driftnet                  250
                     Detection
     ECO            NMFS Activities                             1,692
     ECO            Pacific Rim Fisheries                         150
     ECO            State Participation AK/WA                     200
     ECO        Enforcement & Surveillance                     23,343
     ECO            Cooperative Agreements w/ States           17,383
     ECO            Vessel Monitoring System                    4,000
                                                     -------------------
     ECO              Subtotal, Enforcement                    48,217
                                                     -------------------
     ECO    Observers/Training:
     ECO        Atlantic Coast Observers                        3,345
     ECO        East Coast Observers                              350
     ECO        Hawaii Longline Observer Program                4,000
     ECO        N. Pacific Marine Resources                     1,834
                 Observers
     ECO        N. Pacific Observer Program                       800
     ECO        NE Groundfish Court-Ordered                     9,500
                 Observers
     ECO        National Observers Program                      3,000
     ECO        S. Atlantic/Gulf Shrimp Observers                 800
     ECO        West Coast Groundfish Observers                 5,000
                                                     -------------------
     ECO          Subtotal, Observers/Training                 28,629
                                                     -------------------
     ECO          Subtotal, Enforcement and                    76,846
                   Observers/Training
                                                     ===================
     ECOHabitat Conservation & Restoration:
     ECO    Connecticut River Partnership                         400
            Fisheries Habitat Restoration:
     ECO        Bronx River Restoration                         1,000
     ECO        Community-Based Restoration Grants             18,619
     ECO    Habitat Conservation                               17,377
     ECO    Merrimack River fish habitat/land                     500
             conservation
     ECO    Refine EFH Designations                             1,000
                                                     -------------------
     ECO      Subtotal, Habitat Conservation &                 38,896
               Restoration
                                                     ===================
     ECOOther Activities Supporting Fisheries:
     ECO    Antarctic Research                                  1,468
     ECO    Center for Marine Education and Research            3,000
             MS
     ECO    Chesapeake Bay Studies                              2,000
     ECO    Climate Regimes & Ecosystem Productivity            1,500
     ECO    Computer Hardware and Software--FY 2004             3,383
             Omnibus Funded in PAC
     ECO    Conservation and Recovery with States                 990
     ECO    Consortium for Fisheries & Wildlife                   500
             Conflict Resolution (UNH/NEA/VIMS)
            Cooperative Research:
     ECO        Cooperative Marine Education &                    200
                 Research
     ECO        Cooperative Research--North Pacific             3,000
                 Research Board
     ECO        National Cooperative Research                   2,750
     ECO        NE Cooperative Research                         3,750
     ECO        Northeast Consortium                            5,000
     ECO        SC Cooperative Research                         2,000
     ECO        SE Cooperative Research                         3,250
     ECO        West Coast Groundfish Cooperative                 500
                 Research
            Ecosystem Management:
     ECO        Gulf of Mexico                                    500
     ECO        Middle Atlantic                                   500
     ECO        New England                                       500
     ECO        South Atlantic                                    500
     ECO    Endangered Species Act--Fish,                       5,109
             Crustaceans, Mollusks
     ECO    FMP Extended Jurisdiction, State of                 1,200
             Alaska
     ECO    Gulf of Alaska Coastal Communities                    425
             Coalition
     ECO    Hawaiian Community Development                        500
     ECO    Information Analyses & Dissemination               17,943
     ECO    International Fisheries Treaty                      5,000
             Negotiation & Compliance
     ECO    Joint Institute for Marine and                      2,500
             Atmospheric Research (JIMAR), HI
     ECO    Magnuson-Stevens (MSA) Implementation               7,120
             off Alaska
     ECO    Marine Environmental Research Institute               300
     ECO    Marine Resources Monitoring, Assessment             1,250
             & Prediction Prgm (MarMap)
     ECO    National Environmental Policy Act (NEPA)            3,000
     ECO    New England Multispecies Survey (SMAST)             3,000
     ECO    PAYMENT TO NOMAO                                      700
     ECO    SCORE Science Consortium--NH/WA/Mote                1,000
             Marine
     ECO    Southeast Area Monitoring & Assessment              1,750
             Program (SEAMAP)
     ECO    Pacific Island Region/Center                        5,000
     ECO    NW Fisheries Science Center (Groundfish             1,700
             Team)
     ECO    South Carolina Taxonomic Center                       500
                                                     -------------------
              Subtotal, Other Activities Supporting            93,288
               Fisheries
                                                     ===================
        Systems Acquisition/Construction:
     ALL    Systems Acq. Computer Hardware &                    3,500
             Software
     ALL    NOAA Pacific Regional Facility                     15,000
     ALL    Phase III--Galveston Laboratory                     2,000
             Renovation
                                                     -------------------
              Subtotal, Construction                           20,500
                                                     -------------------
              Total, Systems Acquisition and                   20,500
               Construction
                                                     ===================
              Total, NOAA Fisheries                           733,544
------------------------------------------------------------------------
        NOAA Strategic Goals:
          ECO--Ecosystem Forecasting and Management.
          OE--Ocean Exploration.
          WW--Weather and Water Programs.
          CT--Commerce and Transportation.
          C--Climate Programs.
          ALL--NOAA-wide Programs.

    The Committee believes it is important that sufficient 
resources are available to NOAA Fisheries, the State of Alaska, 
and the Alaska research entities to address research demands 
for species of concern which are either listed or candidate 
species under the Endangered Species Act, or which are 
determined to be depleted under the Marine Mammal Protection 
Act. The Committee has consolidated all Alaska seal and sea 
lion research programs under a single category, with base 
funding allocations to each of the research entities currently 
involved in the North Pacific. The Committee is providing the 
flexibility for funds to be allocated to the research of any 
pinniped population as the research demands need. The Committee 
strongly encourages NOAA Fisheries to take the lead in 
developing a coordinated Alaska pinniped research program with 
other grant recipients to avoid duplication and ensure adequate 
funding for the most pressing research needs.
    The Committee recommends $1,500,000 to address the 
proliferation of exotic species such as Atlantic salmon in the 
marine environment of the North Pacific. Of this amount, 
$750,000 is for the Pacific States Marine Fisheries Commission 
to prevent the escapement of Atlantic salmon into Alaskan 
streams and to address other invasive species issues including 
mitten crab and green crab.
    The Committee is pleased with the Fisheries' Service 
commitment to the Native Hawaiian Observer Program because it 
is an excellent example of Government and community partnering 
that leads to community participation in the management of 
fishery resources. The Committee wants to ensure the continued 
success of the program, and directs NOAA Fisheries to continue 
to accept certification from the program as sufficient academic 
credentials to serve as a biological observer in the Hawaii, 
Guam, or American Samoan longline fishing industry.
    The Committee continues to support sustainable expansion of 
the Pacific tropical ornamental aquaculture industry and 
provides $500,000 for the Economic Development Alliance of 
Hawaii for this purpose.
    The $250,000 for the Hawaii Marine Invasives Program is 
exempted from any non-Federal matching requirement.
    The Committee is concerned with the National Marine 
Fisheries Service/NOAA Fisheries disregard for Senate and 
Conference Committee guidance relating to the expenditure of 
funds designated for dolphin encirclement research. 
Consequently, the Committee directs NMFS/NOAA Fisheries to 
submit to the Committees on Appropriations a spending plan for 
all funding made available for dolphin encirclement activities. 
This plan shall be subject to the requirements of section 605 
of this Act.

             NOAA RESEARCH/OCEANIC AND ATMOSPHERIC RESEARCH

    The Committee recommends an appropriation of $479,385,000 
for NOAA Research/Oceanic and Atmospheric Research [OAR].
    Committee recommendations are displayed in the following 
table:

        NOAA RESEARCH/OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
                        [In thousands of dollars]
------------------------------------------------------------------------
   NOAA                                                    Fiscal year
Strategic     Fiscal year 2005 operations, research,      2005 Committee
   Goal         facilities, and systems acquisition       recommendation
------------------------------------------------------------------------
        Climate Research:
            Laboratories & Joint Institutes:
       C        Laboratories & Joint Institutes                 48,233
                                                      ------------------
                  Subtotal, Laboratories & Joint                48,233
                   Institutions
                                                      ==================
        Climate & Global Change Program:
       C    Climate and Global Change                           65,630
       C    Accelerating Climate Models--IRI                     1,441
                                                      ------------------
              Subtotal, Climate & Global Change                 67,071
               Program
                                                      ==================
        Climate Observations & Services:
       C    Climate Reference Network                            2,907
       C    Climate Data & Info and CLASS in PAC                   960
       C    Baseline Observatories                               2,422
       C    Regional Assessments, Education and                  1,681
             Outreach
       C    Climate Change Assessments                             620
       C    Weather-Climate Connection                             890
       C    Carbon Cycle                                         2,908
       C    Ocean Observations/Ocean Systems                     4,865
       C    ARGO                                                 7,014
       C    Climate Change Research Initiative                  40,000
                                                      ------------------
              Subtotal, Climate Observations &                  64,267
               Services
                                                      ==================
        Other Partnership Programs:
      WW    East Tennessee Ozone Study                             300
       C    International Pacific Research Center (U             2,000
             of HI)
       C    Intl Council for Local Environmental                   500
             Intiatives
       C    Climate and Environmental Change                     2,473
       C    Abrupt Climate Change Research                       1,000
       C    Artic Research (Search)/Icebreaker                   4,000
             Shiptime
                                                      ------------------
              Subtotal, Other Partnership Programs              10,273
                                                      ==================
              Total, Climate Research                          189,844
                                                      ==================
        Weather & Air Quality Research:
            Laboratories & Joint Institutes:
      WW        Laboratories & Joint Institutes                 36,230
                                                      ------------------
                  Subtotal, Laboratories & Joint                36,230
                   Institutes
                                                      ==================
        U.S. Weather Research Program:
      WW    U.S. Weather Research Program (USWRP)                1,000
             (THORPEX)
      WW    Targeted Wind Sensing                                2,000
                                                      ------------------
              Subtotal, U.S. Weather Research Program            3,000
                                                      ==================
        Other Partnership Programs:
      WW    Tornado Severe Storm Research/Phased                 2,824
             Array Radar
      WW    New England Air Quality Study                        2,000
      WW    NE Center for Atmospheric Science and                1,500
             Policy
       C    Inst. for Study of Earth, Oceans & Space             5,000
             (Air-Map--CCRC)
       C    Risk Reduction in Wather Forecasts (MSU)             2,500
       C    Remote Sensing Research (ISU/BCAL)                     495
      WW    STORM (U. of N. Iowa)                                  650
                                                      ------------------
              Subtotal, Other Partnership Programs              14,969
                                                      ==================
              Total, Weather & Air Quality Research             54,199
                                                      ==================

        Ocean, Coastal, and Great Lakes Research:
            Laboratories & Joint Institutes:
     ECO        Laboratories & Joint Institutes                 19,510
                                                      ------------------
                  Subtotal, Laboratories & Joint                19,510
                   Institutes
                                                      ==================
        National Sea Grant College Program:
     ECO    National Sea Grant College Program Base             66,675
             (Base)
     ECO    Fish Extension                                       2,000
     ECO    Aquatic Nuisance Species/Zebra Mussel                2,981
             Research
     ECO    Gulf of Mexico Oyster Initiative                     1,000
     ECO    Marine Invasive Species Program                        250
     ECO    Oyster Disease Research                              1,000
                                                      ------------------
              Subtotal, National Sea Grant College              73,906
               Program
                                                      ==================
        National Undersea Research Program (NURP):
      OE    National Undersea Research Program (NURP)           14,000
      OE    National Institute for Undersea Science              5,000
             and Technology
                                                      ------------------
              Subtotal, National Undersea Research              19,000
               Program (NURP)
                                                      ==================
      OENMNH East Wing (Oceans)                                  5,000
      OEOcean Exploration                                       30,000
      OESubmersible Micro-technology Research                      983
                                                      ------------------
            Subtotal, Ocean Exploration                         35,983
                                                      ==================
        Other Partnership Programs:
     ECO    Arctic Research                                      2,000
     ECO    Aquaculture Education Program--Cedar                 2,000
             Point MS
     ECO    Gulf of Maine Council                                1,000
     ECO    Institute for Science Technology and                   750
             Public Policy
     ECO    Atmospheric Dispersion Forecasting/                  1,500
             Jackson State Univ
     ECO    Lake Champlain Research Consortium                     550
     ECO    NISA/Ballast Water Demonstrations                    3,431
     ECO    NISA/Prevent & Control Invasive Species                479
     ECO    NISA/Alaska                                          1,500
     ECO    NOAA Marine Aquaculture Program                      1,000
     ECO    Ocean Health Initiative                             20,000
     ECO    Cooperative Institute for New England                3,000
             Mari-culture and Fisheries
     ECO    NH Center for the Study of Lakes and                   500
             Ecosystems
     ECO    Pacific Tropical Ornamental Fish                       500
                                                      ------------------
              Subtotal, Other Partnership Programs              38,210
                                                      ==================
              Total, Ocean, Coastal, and Great Lakes           186,609
               Research
                                                      ==================
        Information Technology, R&D, and Science
         Education:
            Information Technology, R&D, and Science
             Education (Base):
     ALL        High Performance Computing                         636
       C        High Performance Computing                       3,054
     ECO        High Performance Computing                         636
      WW        High Performance Computing                       8,399
     ALL        Educational Partnership Program/                17,407
                 Minority Serving Institutions
                 (EPPMSI)
                                                      ------------------
                  Total, Info Tech, R&D, & Science              30,133
                   Education
                                                      ==================
     ECOPayment to NOMAO                                           100
                                                      ==================
        Systems Acquisition:
       C    Research Supercomputing/ CCRI                       10,000
                                                      ------------------
              Subtotal, OAR Systems Acquisition                 10,000
                                                      ==================
        Construction:
       C    Barrow Artic Research Ctr (Phase I)                  8,500
                                                      ------------------
              Subtotal, NOAA Research Construction               8,500
                                                      ==================
              Total, Systems Acquisition and                    18,500
               Construction
                                                      ==================
              Total, NOAA Research                             479,385
------------------------------------------------------------------------
        NOAA Strategic Goals:
          ECO--Ecosystem Forecasting and Management.
          OE--Ocean Exploration.
          WW--Weather and Water Programs.
          CT--Commerce and Transportation.
          C--Climate Programs.
          ALL--NOAA-wide Programs.

    Ocean, Coastal, and Great Lakes Research.--Of the amount 
provided for the National Undersea Research Program [NURP], 
half of these funds are for East Coast NURP centers and half 
are for West Coast centers, including the Hawaiian and Pacific 
Center and the West Coast and Polar Regions Center. The 
Committee strongly recommends that NURP centers also take part 
in full and open competitions for the award of Ocean 
Exploration program funds.
    Climate and Global Change.--The Committee recommendation 
assumes that paleoclimatology and abrupt climate change 
research are funded at not less than the fiscal year 2004 
level.

                    NOAA'S NATIONAL WEATHER SERVICE

    The Committee recommends an appropriation of $806,336,000 
for NOAA's National Weather Service [NWS]. Committee 
recommendations are displayed in the following table:

                     NOAA'S NATIONAL WEATHER SERVICE
                        [In thousands of dollars]
------------------------------------------------------------------------
   NOAA                                                    Fiscal year
Strategic     Fiscal year 2005 operations, research,      2005 Committee
   Goal         facilities, and systems acquisition       recommendation
------------------------------------------------------------------------
        Local Warnings and Forecasts:
       C    Local Warnings and Forecasts Base                    8,634
      CT    Local Warnings and Forecasts Base                   21,135
      WW    Local Warnings and Forecasts Base                  504,521
      WW    Tsunami Hazard Mitigation (transferred               4,300
             from OAR)
      WW    Pacific Ocean Monitoring Buoy                          593
             Augmentation
      WW    Tsunami Warning & Environmental Obs for              2,000
             AK (TWEAK)
      WW    Air Quality Forecasting Pilot Program                5,500
      CT    Alaska Data Buoys                                    1,500
      CT    HI Data Buoys                                          250
       C    Sustain Cooperative Observer Network                 1,870
      WW    High Resolution Temperature Forecasting              2,000
      WW    Red River Basin Institute/Decision Info                270
             Network
      WW    New England Weather Technology Initiative              600
      WW    NOAA Profiler Network                                4,000
      WW    NC Flood Plain Mapping Pilot                         1,200
      WW    Pacific Island Compact                               3,512
     ALL    Facilities Physical Security                         2,000
       C    Space Environment Center                               201
      WW    Space Environment Center                             4,828
      WW    USWRP--US Weather Research Program/                  5,562
             THORPEX
      WW    Vermont Northeast Weather & Wind Data                  250
             Integration
                                                      ------------------
              Subtotal, Local Warnings and Forecasts           574,726
                                                      ==================
      WW    Advanced Hydrological Prediction Services            6,098
      CT    Aviation Weather                                     2,500
            Weather Radio Transmitters:
      WW        Weather Radio Transmitters Base                  2,320
      WW        HI Weather Radio Transmitters                      200
                                                      ------------------
                  Subtotal, Weather Radio                        2,520
                   Transmitters
                                                      ------------------
                  Subtotal, Local Warnings and                 585,844
                   Forecasts
                                                      ==================
       CCentral Forecast Guidance                                6,669
      CTCentral Forecast Guidance                                6,513
     ECOCentral Forecast Guidance                               33,818
                                                      ------------------
              Subtotal, Central Forecast Guidance               47,000
                                                      ==================
              Total, Operations and Research                   632,844
                                                      ==================
        Systems Operation & Maintenance (O&M):
      WW    All Systems Operation and Maintenance               90,630
                                                      ------------------
              Total, Systems Operation & Maintenance            90,630
                                                      ==================
     ALL    Payment to NOMAO                                       475
        Systems Acquisition:
      WW    ASOS                                                 4,675
      WW    AWIPS                                               12,894
      WW    NEXRAD                                              10,820
      WW    NWSTG Legacy Replacement                             2,512
      WW    Radiosonde Network Replacement6                      6,376
       C    Weather and Climate Supercomputing                  19,285
      WW    Weather and Climate Supercomputing Back-             7,148
             up
      WW    Cooperative Observer Network                           877
             Modernization
      WW    Coastal Global Ocean Observing System                3,000
                                                      ------------------
              Subtotal, Systems Acquisition                     67,587
                                                      ==================
        Construction:
     ALL    WFO Construction                                    13,500
     ALL    NOAA Center for Weather & Climate                    2,300
             Prediction
                                                      ------------------
              Subtotal, Construction                            15,800
                                                      ==================
              Total, Systems Acquisition and                    82,387
               Construction
                                                      ==================
              Total, NOAA National Weather Service             807,336
                                                      ==================
              GRAND TOTAL NOAA NATIONAL WEATHER                807,336
               SERVICE/NWS
------------------------------------------------------------------------
        NOAA Strategic Goals:
          ECO--Ecosystem Forecasting and Management.
          OE--Ocean Exploration.
          WW--Weather and Water Programs.
          CT--Commerce and Transportation.
          C--Climate Programs.
          ALL--NOAA-wide Programs.

    The Committee notes that Weather Service employees and 
their families are living in their offices in St. Paul, AK, 
because no housing is available for rental in that remote 
community in the Pribilof Islands. The Committee directs NOAA 
to use funds from the $13,500,000 recommended for weather 
forecast office construction or $13,487,000 provided for fiscal 
year 2004 to address this problem expeditiously.
    The Committee directs that NOAA's National Weather Service 
continue to operate the weather radar and office in Williston, 
ND. The Committee notes that there are concerns regarding 
severe winter weather forecasts for northwestern North Dakota 
and northeastern Montana and that a study was performed (and 
independent analysis is ongoing) regarding the radar and 
forecast coverage.
    Integrated Coastal and Ocean Observation System.--As noted 
earlier in the report, while most of the ICOOS initiative is 
funded under the NOAA Oceans and Coasts line office, NOAA's 
Weather Service will play a major role in the development and 
deployment of this initiative. The Committee has provided that 
not less than $2,000,000 of the total for ICOOS will be for 
joint development with the National Centers for Environmental 
Prediction Environmental Modeling Center to create operational 
coastal and ocean forecast models. NOAA Oceans and Coasts will 
work with the NOAA National Data Buoy Center in upgrading 
existing ``marine weather buoys'' to be full environmental 
observation systems that observe marine conditions both above 
and below the surface of the ocean.
    The Committee has on two occasions held hearings in Alaska 
at which NOAA representatives have testified. These hearings 
have focused on climate change in the Arctic and impacts, such 
as the influence of declining sea ice on coastal storms and 
coastal erosion. In both hearings NOAA witnesses have admitted 
that the agency's observational network in Alaska is sparse 
compared with any other State. Accordingly, the Committee has 
included an increase of $1,000,000 under the line item 
``Coastal Global Ocean Observing System'' in the attached 
table. These funds are for procurement of not less than four 
new coastal marine automated observing systems [C-MAN] to be 
installed and operated along Alaska's west coast along the 
Bering and Chukchi Seas. The Committee hopes that these 
observational improvements will lead to improved forecasts for 
rural Alaskan communities in these coastal areas.

  NOAA SATELLITES & DATA/NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND 
                          INFORMATION SERVICE

    The Committee recommends an appropriation of $912,865,000 
for NOAA Satellites/National Environmental Satellite, Data, and 
Information Service [NESDIS]. Committee recommendations are 
displayed in the following table:

   NOAA SATELLITES AND DATA/NATIONAL ENVIRONMENTAL SATELLITE, DATA AND
                           INFORMATION SERVICE
                        [In thousands of dollars]
------------------------------------------------------------------------
   NOAA                                                    Fiscal year
Strategic     Fiscal year 2005 operations, research,      2005 Committee
   Goal         facilities, and systems acquisition       recommendation
------------------------------------------------------------------------
        Environmental Satellite Observing Systems:
       C    Satellite Command and Control                        3,586
      CT    Satellite Command and Control                        1,076
     ECO    Satellite Command and Control                        3,945
      WW    Satellite Command and Control                       27,253
     ALL    NSOF Operations                                      5,898
                                                      ------------------
              Subtotal, Satellite Command and Control           41,757
                                                      ==================
       C    Product Processing and Distribution                  2,751
      CT    Product Processing and Distribution                    826
     ECO    Product Processing and Distribution                  3,027
      WW    Product Processing and Distribution                 20,914
                                                      ------------------
              Subtotal, Product Processing and                  27,518
               Distribution
                                                      ==================
            Product Development, Readiness &
             Application:
       C        Product Development, Readiness &                 1,653
                 Application
      CT        Product Development, Readiness &                   827
                 Application
     ECO        Product Development, Readiness &                 5,826
                 Application
      WW        Product Development, Readiness &                12,232
                 Application
      WW        Joint Center/Accelerate Use of                   3,441
                 Satellites
      WW        Research to Ops/Satellite                       10,000
                 Oceanography
      WW        Global Wind Demo                                 4,000
                                                      ------------------
                  Subtotal, Product Development,                37,979
                   Readiness & Application
                                                      ==================
      CT    Commercial Remote Sensing Licensing &                1,978
             Enforcement
                                                      ------------------
              Total, Environmental Satellite                   109,232
               Observing Systems
                                                      ==================
        NOAA's Data Centers & Information Services:
            Archive, Access & Assessment:
       C        Archive, Access & Assessment                    31,445
                Archive, Access & Assessment/Climate
                 Database Modernization:
       C            MD                                           5,000
       C            Quality Assurance/Quality Control            1,500
                     (NC)
       C            Office of Space Commercialization              600
       C            GPS Interagency Board                          500
       C            GOES Data Archive Project                    2,473
                                                      ------------------
                      Subtotal, Archive, Access &               41,518
                       Assessment
                                                      ==================
     ECO    Coastal Data Development Center                      5,513
       C    Regional Climate Centers                             3,000
       C    International Pacific Research Ctr (U of             1,000
             H)
       C    Environmental Data Systems Modernization            10,838
                                                      ------------------
              Total, NOAA's Data Centers &                      61,869
               Information Services
                                                      ==================
       CPayment to NOMAO                                           333
                                                      ==================
        Systems Acquisition and Construction:
            Systems Acquisition:
       C        Geostationary Systems                            6,111
     ECO        Geostationary Systems                            6,111
      CT        Geostationary Systems                           42,775
      WW        Geostationary Systems                          250,541
                                                      ------------------
                  Subtotal, GOES                               305,537
                                                      ==================
       C        Polar Orbiting Systems--POES                    19,034
     ECO        Polar Orbiting Systems--POES                     4,230
      CT        Polar Orbiting Systems--POES                     8,460
      WW        Polar Orbiting Systems--POES                    74,022
                                                      ------------------
                  Subtotal, POES                               105,746
                                                      ==================
       C        Polar Orbiting Systems--NPOESS                  54,882
     ECO        Polar Orbiting Systems--NPOESS                  12,196
      CT        Polar Orbiting Systems--NPOESS                  24,392
      WW        Polar Orbiting Systems--NPOESS                 213,431
                                                      ------------------
                  Subtotal, NPOESS                             304,901
                                                      ==================
       C        EOS & Advanced Polar Data Processing,            1,500
                 Distribution& A Archiving Systems
      WW        EOS & Advanced Polar Data Processing,            1,500
                 Distribution& A Archiving Systems
                                                      ------------------
                  Subtotal, EOS                                  3,000
                                                      ==================
       C        CIP--single point of failure                       280
     ECO        CIP--single point of failure                        84
      CT        CIP--single point of failure                       308
      WW        CIP--single point of failure                     2,128
                                                      ------------------
                  Subtotal, CIP                                  2,800
                                                      ==================
       C        Comprehensive Large Array Data                   5,942
                 Stewardship Sys (CLASS)
                                                      ------------------
                  Subtotal, NESDIS Systems                     727,926
                   Acquisition
                                                      ==================
            Construction:
     ALL        Satellite CDA Facility                           2,250
     ALL        Suitland Facility/NSOF                          11,255
                                                      ------------------
                  Subtotal, NESDIS Construction                 13,505
                                                      ==================
                  Total, Systems Acquisition and               741,431
                   Construction
                                                      ==================
                  Total, NOAA Satellites & Data                912,865
------------------------------------------------------------------------
        NOAA Strategic Goals:
          ECO--Ecosystem Forecasting and Management.
          OE--Ocean Exploration.
          WW--Weather and Water Programs.
          CT--Commerce and Transportation.
          C--Climate Programs.
          ALL--NOAA-wide Programs.

    Climate Data.--The Committee urges NOAA to coordinate its 
climate data management and archival activities for the Western 
Pacific Region with the ongoing efforts of the University of 
Hawaii's Asia-Pacific Data-Research Center [APDRC]. The 
Committee is also concerned with the significant increase in 
environmental data collection in Hawaii and the western 
Pacific, and directs NOAA through the National Oceanographic 
Data Center [NODC], the National Climatic Data Center [NCDC], 
and the Pacific Services Center [PSC] to submit a report to 
Congress detailing the region's environmental data and 
information requirements for the establishment of a Pacific 
Data Center that would address such needs.

                 NOAA PLANNING, AND PROGRAM INTEGRATION

    The Committee recommends an appropriation of $4,000,000 for 
Planning, and Program Integration [PPI], the newest NOAA ``line 
office.'' The recommendation is $2,000,000 above the fiscal 
year 2004 funding level and $2,000,000 above the budget 
request.
    The PPI organization is responsible for program 
integration, overseeing cross-cutting, matrix managed programs, 
and agency strategic planning. The Assistant Administrator and 
PPI Office were created pursuant to the 2002 NOAA Program 
Review, a bottom up fundamental review of NOAA's organization 
which was based on employee recommendations from NOAA 
activities around the Nation. The PPI plays a central role in 
soliciting input from NOAA constituents, and in guiding the 
future directions of the agency to ensure that NOAA programs 
are responsive, efficient and modernizing so as to continue to 
provide the environmental information and products needed by 
U.S. policymakers and the American public. The PPI line office 
is the only NOAA line office that has as its mission the 
program and resource integration of the various NOAA line and 
program offices around the country. The Assistant Administrator 
PPI position is held by a career senior executive possessing 
experience in several NOAA line offices; the office ensures 
that NOAA leaders and programs focus on overall strategic goals 
and output measures.

                       NOAA-WIDE PROGRAM SUPPORT

    The Committee recommends an appropriation of $436,957,000 
for NOAA-wide program support. Committee recommendations are 
displayed in the following table:

                        NOAA WIDE PROGRAM SUPPORT
                        [In thousands of dollars]
------------------------------------------------------------------------
   NOAA                                                 Fiscal year 2005
Strategic     Fiscal year 2005 operations, research,        Committee
   Goal        facilities, and systems acquisition       recommendation
------------------------------------------------------------------------
        Corporate Services:
            Under Secretary and Associate Offices:
     ALL        Under Secretary and Associate                  25,159
                 Offices Base
                                                     -------------------
                  Subtotal, Under Secretary and                25,159
                   Assoc. Ofc
                                                     ===================
            Policy Formulation and Direction:
     ALL        NOAA Wide Corporate Services and               41,500
                 Agency Management
     ALL        CAMS--Financial Management System              15,000
     ALL        Payment to the DOC Working Capital             39,000
                 Fund
     ALL        Payment to the NOAA Business                   58,000
                 Management Fund
                                                     -------------------
                  Subtotal, Policy Formulation and            153,500
                   Direction
                                                     ===================
                  Total, Corporate Services                   178,659
                                                     ===================
        NOAA Education Programs:
     ALL    NOAA Education Office and Program/                 11,500
             Education Initiative
     ALL    Ocean Science Bowl                                  1,000
     ALL    JASON Education and Outreach                        2,500
     ALL    Bay Watersheds Education & Training                 2,500
             Program
     ALL    BWET Hawaii                                         1,500
     ALL    Narragansett Bay Marine Education (Save               500
             the Bay)
                                                     -------------------
              Total, NOAA Education Programs                   19,500
                                                     ===================
        Facilities:
     ALL    NOAA Fac Mgmt & Construction/Backlog Of             9,895
             Maintenance & Repair
     ALL    NOAA-wide Facility Maintenance                     18,000
             (consolidated)
     ALL    Boulder Facilities Operations                       4,564
     ALL    Western Regional Center Operations &                  702
             Maintenance
                                                     -------------------
              Subtotal, NOAA Fac Mgmt, Const& Maint            33,161
                                                     ===================
     ALL    Environmental Compliance& Safety                    4,000
                                                     -------------------
              Total, Facilities                                37,161
                                                     ===================
        Marine Operations & Maintenance:
            Marine Services:
     ALL        Marine Services (Data Acquisition)             74,774
     ALL        NOAA Corp Pay Differential                      1,000
     ALL        NANCY FOSTER Operations Differential              550
     ALL        FAIRWEATHER Operations                          5,700
     ECO        OSCAR DYSON Operations                          4,500
      OE        Ocean Exploration DAS                           2,000
     ALL        UNOLS (Days at Sea--West Coast)                 2,500
     ALL        HI'IALAKAI Operations                           4,600
                                                     -------------------
                  Subtotal, Marine Services                    95,624
                   (including base)
                                                     ===================
            Fleet Planning and Maintenance:
     ALL        Fleet Planning and Maintenance                 12,485
     ALL        NANCY FOSTER Maintenance                          450
     ALL        FAIRWEATHER Maintenance                           791
     ECO        OSCAR DYSON Maintenance                           400
     ALL        HI'IALAKAI Maintenance                            400
                                                     -------------------
                  Subtotal, Fleet Planning and                 14,526
                   Maintenance
                                                     ===================
                  Total, Marine Operations and                110,150
                   Maintenance
                                                     ===================
        Office of Marine & Aviation Operations:
            Aviation Operations:
     ALL        NOAA Aircraft Flying Hours and                 18,746
                 Maintenance
                                                     -------------------
                  Total, Aviation Operations                   18,746
                                                     ===================
     ALL    Future Healthcare Benefits for Current              1,941
             Officers
                                                     -------------------
              Total, Office of Marine & Aviation          \1\ 130,837
               Operations
                                                     ===================
        NOMAO:
            Fleet Replacement:
      CT        FAIRWEATHER Hydrographic Launches               3,000
                 and EFH Equipment
      CT        Small Waterplane Area Twin Hull                10,000
                 Vessel (SWATH) & EFH Equipment
     ECO        NANCY FOSTER equipment                          1,800
     ECO        Fisheries Research Vessel                       5,000
                 Replacement #1
     ECO        Fisheries Research Vessel                      34,000
                 Replacement #3
     ECO        Fisheries Research Vessel #4 Long               5,000
                 Lead Procurement
     ECO        Sonar for Long Range Fisheries                  6,000
                 Research
                                                     -------------------
                  Subtotal, OMAO Fleet Replacement             64,800
                                                     ===================
            Aircraft Replacement:
     ALL        G-IV Hurricane Aircraft Instrument              4,000
                 Upgrade
     ALL        Aircraft Safety and Equipment                   3,000
                                                     -------------------
                  Subtotal, OMAO Aircraft                       7,000
                   Replacement
                                                     ===================
                  Total, Ship Building, Sys. Acq. &            71,800
                   Construction
                                                     ===================
                  Total, NOAA Wide Program Support            437,957
                                                     ===================
        Transfers:
            Promote & Develop American Fisheries              (57,000)
                Coastal Zone Management Fund                   (3,000)
                                                     -------------------
                  Subtotal ORFSA Transfers                    (60,000)
------------------------------------------------------------------------
        NOAA Strategic Goals:
          ECO--Ecosystem Forecasting and Management.
          OE--Ocean Exploration.
          WW--Weather and Water Programs.
          CT--Commerce and Transportation.
          C--Climate Programs.
          ALL--NOAA-wide Programs.
        \1\ In addition, line office allocations include payments of
          $4,401,000 for NOMAO services.

    Three years ago, the Committee provided NOAA with a 10 year 
old Navy vessel to be used for oceanographic research in the 
Southeast Atlantic region. That vessel, the NANCY FOSTER, has 
replaced the FERREL, which served NOAA well for 36 years in the 
same capacity before being decommissioned in November, 2002. 
The Committee is aware that the South Carolina Department of 
Natural Resources [SCDNR] has expressed interest in assuming 
ownership of the FERREL and using the vessel to continue State 
sponsored research that has been complimentary to NOAA's 
mission for many years. The Committee directs the NOAA 
Administrator to transfer the FERREL to the SCDNR or its 
designee within 90 days of enactment.
    The Committee recognizes the outstanding educational 
outreach for K-12 youth conducted by the NOAA Office of Ocean 
Exploration. Of the total provided for Ocean Exploration, the 
Committee recommends that up to $1,500,000 be used for the Sea 
Research Foundation's Immersion Project. This prevention 
initiative uses science-based technologies, working with youth 
service organizations like the Boys & Girls Clubs, to teach 
young people, primarily from disadvantaged communities. NOAA 
Ocean Exploration missions and the telepresence capabilities of 
the new exploration vessel will be used to promote science 
education and leadership skills for disadvantaged youth and 
will build upon the overall programs excellent record of the OE 
program to date by bringing in new external partners.

                  PACIFIC COASTAL SALMON RECOVERY FUND

Appropriations, 2004....................................     $89,052,000
Budget estimate, 2005...................................     100,000,000
Committee recommendation................................      99,000,000

    The Committee recommends $99,000,000 for Pacific Coastal 
Salmon Recovery Fund. The recommendation is $9,948,000 above 
the fiscal year 2004 funding level and $1,000,000 below the 
budget request.
    Within the funding for this appropriation, the Committee 
allocates funds as follows:

------------------------------------------------------------------------
                                                              Amount
------------------------------------------------------------------------
State of Alaska........................................      $26,000,000
State of California....................................       14,000,000
State of Idaho.........................................        6,000,000
State of Oregon........................................       14,000,000
State of Washington....................................       27,000,000
Columbia River Tribes..................................        3,000,000
Pacific Coast Tribes...................................        9,000,000
------------------------------------------------------------------------

    Of the funds provided for the State of Alaska: $3,500,000 
is for the Arctic Yukon-Kuskokwim Sustainable Salmon 
initiative; $1,000,000 is for the Cook Inlet Fishing Community 
Assistance Program; $500,000 is for the Yukon River Drainage 
Association; $3,368,000 is for Fairbanks hatchery facilities; 
$250,000 is for an initiative to redefine optimum goals for 
sockeye, Chinook, and coho stocks; $2,500,000 is for the NSRAA 
Hatchery; $500,000 is for The Natural Tag--TNT project; 
$500,000 is for Coffman Cove king salmon; $1,000,000 is for 
Cook Inlet fishing assistance Kenai peninsula; $250,000 is for 
the State of Alaska to participate in discussions regarding the 
Columbia River hydro-system and for fisheries revitalization; 
$100,000 is for the United Fishermen of Alaska's subsistence 
program; $3,500,000 is to restore salmon fisheries in Anchorage 
at Ship Creek, Chester Creek, and Campbell Creek, including 
habitat restoration and facilities; $500,000 is to restore 
salmon runs in Resurrection Bay at the Alaska SeaLife Center; 
$200,000 to the Southeast Revitalization Association for its 
fleet stabilization program; $1,000,000 for the Kenai River; 
and $200,000 to restore the Craig watershed.
    Of the funds provided for the State of Washington Salmon 
Recovery Funding Board, $4,000,000 shall be allocated directly 
to the Washington State Department of Natural Resources and 
other State and Federal Agencies for purposes of implementing 
the State of Washington's Forest and Fish Report. The funding 
shall be spent in accordance with the terms and conditions of 
the Forest and Fish Report and consistent with the requirements 
of the Endangered Species and Clean Water Acts. Further, 
$1,590,000 is for the purchase of mass marking trailers.

                      FISHERMEN'S CONTINGENCY FUND

Appropriations, 2004....................................................
Budget estimate, 2005...................................        $956,000
Committee recommendation................................         956,000

    The Committee recommends an appropriation of $956,000 for 
the fishermen's contingency fund. The recommendation is 
$956,000 above the fiscal year 2004 funding level and identical 
to the budget request.
    The fishermen's contingency fund provides compensation to 
U.S. fishermen for damage or loss of fishing gear and any 
resulting loss because of natural or man-made obstructions 
related to oil and gas exploration, development, and production 
on the Outer Continental Shelf.

                     FOREIGN FISHING OBSERVER FUND

Appropriations, 2004....................................................
Budget estimate, 2005...................................        $191,000
Committee recommendation................................         191,000

    The Committee recommends an appropriation of $191,000 for 
the foreign fishing observer fund. The recommendation is 
$191,000 above the fiscal year 2004 funding level and identical 
to the budget request.
    Fees paid into the fund are collected from owners and 
operators of certain foreign fishing vessels that fish within 
the U.S. fishery conservation zone. The fund supports salaries 
of United States observers and program support personnel, other 
administrative costs, and the cost of data management and 
analysis.

                   FISHERIES FINANCE PROGRAM ACCOUNT

Appropriations, 2004....................................        $287,000
Budget estimate, 2005...................................................
Committee recommendation................................         287,000

    The Committee recommends an appropriation of $287,000 in 
subsidy appropriations for the NOAA Fisheries Finance Program 
Account. The recommendation is identical to the fiscal year 
2004 funding level and $287,000 below the budget request. The 
recommendation provides support for the following: $5,000,000 
for Individual Fishing Quota loans; and $59,000,000 for 
traditional fisheries finance direct loans, of which 
$40,000,000 may be used for direct loans to the United States 
distant water tuna fleet and $19,000,000 is for the menhaden 
fishery.

                                 OTHER

                        Departmental Management

                         SALARIES AND EXPENSES

Appropriations, 2004....................................     $46,791,000
Budget estimate, 2005...................................      56,021,000
Committee recommendation................................      55,550,000

    The Committee recommends an appropriation of $55,550,000 
for Departmental Management Salaries and Expenses. The 
recommendation is $8,759,000 above the fiscal year 2004 funding 
level and $471,000 below the budget request.
    Within Departmental Management, the Salaries and Expenses 
account provides funding for the Secretary, Deputy Secretary, 
and support staff. Responsibilities involve policy development 
and implementation affecting United States and international 
activities as well as establishing internal goals and 
operations of the Department.
    Security Enhancements.--The Committee is aware that the 
Department of Commerce is planning security improvements at the 
National Oceanic and Atmospheric Administration and National 
Institute of Science and Technology laboratories in Boulder, 
CO. The Department may proceed with these security improvements 
provided that no funds may be used to design, build, or 
renovate any security improvements in violation of interests 
granted to the City of Boulder, or without making adequate 
provisions to preserve sacred and tribal lands and interests of 
local tribal entities, or without prior written agreement 
between the Department and the City of Boulder and other 
parties; as described in the Department's Memorandum of 
Understanding with the City of Boulder and other parties, 
entitled First Amended Memorandum of Agreement (May 8, 1998).

       UNITED STATES TRAVEL AND TOURISM PROMOTION ADVISORY BOARD

Appropriations, 2004....................................................
Budget Estimate, 2005...................................................
Committee recommendation................................     $20,000,000

    The Committee recommends an appropriation of $20,000,000 
for the United States Travel and Tourism Promotion Advisory 
Board. The recommendation is $20,000,000 above the fiscal year 
2004 funding level and $20,000,000 above the budget request.
    The purpose of the United States Travel and Tourism 
Promotion Advisory Board is to advise the Secretary of Commerce 
on how best to increase the number of international visitors to 
the United States and ensure that the share of the United 
States' international receipts continues to grow.

                    OFFICE OF THE INSPECTOR GENERAL

Appropriations, 2004....................................     $20,894,000
Budget estimate, 2005...................................      22,249,000
Committee recommendation................................      21,071,000

    The Committee recommends an appropriation of $21,071,000. 
The recommendation is $177,000 above the fiscal year 2004 
funding level and $1,178,000 below the budget request.

               General Provisions--Department of Commerce

    Section 201 makes Commerce Department funds available for 
advanced payments only upon certification of officials 
designated by the Secretary that such payments are considered 
to be in the public interest.
    Section 202 makes appropriations for salaries and expenses 
available for the hire of passenger motor vehicles, and for 
services, uniforms, and allowances as authorized by law.
    Section 203 provides the authority to transfer funds 
between Department of Commerce accounts and within NOAA 
appropriations. The provision makes transfers subject to the 
Committee's standard reprogramming procedures.
    Section 204 provides that any cost resulting from personnel 
actions shall be absorbed by the affected Department or Agency.
    Section 205 promotes fish products and research.
    Section 206 allows the Secretary to operate a marine 
laboratory.
    Section 207 clarifies section 211(b) of Public Law 108-199.
    Section 208 amends 16 U.S.C. 1881 concerning counting of 
harvested fish.
    Section 209 provides for a fishing capacity reduction 
program for the Alaska Purse Seine Fishery.
    Section 210 establishes the position of Coordinator for 
International Intellectual Property Enforcement.
    Section 211 provides for funding within NIST.
    Section 212 provides continued authorization for the 
environmental cleanup of the Pribilof Islands.
    Section 213 addresses recent confusion regarding the 
relationship of a State law addressing the operation of 
thrillcraft with certain Federal laws. This language does not 
affect 16 U.S.C. 1535(f), which allows States to enforce laws 
and regulations more restrictive than Federal laws for 
endangered or threatened species, including humpback whales.
    Section 214 establishes the Ernest F. Hollings Scholarship 
program. The purposes of this undergraduate scholarship program 
are: (1) to increase undergraduate training in oceanic and 
atmospheric science, research, technology, and education and 
foster multidisciplinary training opportunities; (2) to 
increase public understanding and support for stewardship of 
the ocean and atmosphere and improve environmental literacy; 
(3) to recruit and prepare students for public service careers 
with the National Oceanic and Atmospheric Administration [NOAA] 
and other natural resource and science agencies at the Federal, 
State, and local levels of government; and (4) to recruit and 
prepare students for careers as teachers and educators in 
oceanic and atmospheric science and to improve scientific and 
environmental education in the United States. Scholarships 
shall be awarded competitively in accordance with guidelines 
issued by the NOAA Administrator and published in the Federal 
Register. This program will be funded in fiscal year 2005 and 
annually hereafter by setting aside one-tenth of 1 percent of 
total amounts made available for NOAA Operations, Research, 
Facilities and Systems Acquisition.
    Establishment and annual operation of this scholarship 
program honors the legacy of environmental commitment and 
excellence consistently demonstrated during Senator Ernest F. 
Hollings almost 60 year career in public service. As a State 
Legislator, Governor and U.S. Senator, and member and leader of 
the Senate Commerce, Justice, and State, the Judiciary and 
Related Agencies Appropriations Subcommittee as well as the 
Commerce, Science and Transportation Committee--Ernest F. 
Hollings has demonstrated an unwavering commitment to the 
Nation's oceans, atmosphere, and environmental programs, 
including improving environmental literacy and education for 
all Americans.

                        TITLE III--THE JUDICIARY

    The Committee recommends a total of $5,361,623,000 for the 
judiciary. The recommendation is $230,187,000 above the fiscal 
year 2004 funding level and $343,003,000 below the budget 
request.
    The funds provided in title III of the accompanying bill 
are for the operation and maintenance of the U.S. Courts and 
include the salaries of judges, magistrates, supporting 
personnel, and other expenses of the Federal Judiciary.
    The Committee recommendation supports the Federal Judiciary 
and recognizes the critical role it plays in our government. An 
effective and efficient judicial system is a critical component 
of the overall justice system. The Committee commends the 
dedication of the judges, judicial officers, court employees, 
and support staff.
    The Committee emphasizes that all judicial operations and 
requirements operate within the Federal budgetary system and, 
with the exception of the mandatory judicial accounts, are 
considered within the definition of domestic discretionary 
spending. As such, tight budget levels will continue to affect 
the judiciary in the same manner as they impact all executive 
branch agencies and programs.
    In addition, the judiciary is reminded that Section 605 of 
the accompanying Act applies to the Third Branch as well as the 
executive branch.
    Steady growth in costs associated with defender services 
and pay and benefits at a time of limited resources continues 
to put serious pressure on the judiciary budget. The Committee 
urges the judiciary to make every effort to contain 
``mandatory'' costs, particularly staff salaries.
    The Committee does not support the judiciary's request for 
program increases for personnel at a time when the judiciary is 
planning significant furloughs, layoffs, and early out 
programs. The Committee recommendation funds programs necessary 
to maintain current services and retain current employees. As 
such, the Committee does not support the request for 
``cafeteria benefits'' of $37,138,000. The Committee urges the 
Judicial Conference to consider directing all available funds 
to the local courts to prevent adverse personnel separations 
instead of attracting new employees.

                   Supreme Court of the United States

                         SALARIES AND EXPENSES

Appropriations, 2004....................................     $54,797,000
Budget estimate, 2005...................................      58,122,000
Committee recommendation................................      58,122,000

    The Committee recommends an appropriation of $58,122,000 
for the Justices, their supporting personnel, and the costs of 
operating the Supreme Court, excluding the care of the building 
and grounds. The recommendation is $3,325,000 above the fiscal 
year 2004 funding level and identical to the budget request.
    Personnel Increases.--The Committee understands the Supreme 
Court's long-term requirements for personnel are a top 
priority. Therefore, within the funds provided, the Court shall 
make the personnel adjustments as outlined in the budget 
request.

                    CARE OF THE BUILDING AND GROUNDS

Appropriations, 2004....................................     $26,386,000
Budget estimate, 2005...................................      10,579,000
Committee recommendation................................      10,579,000

    The Committee recommends an appropriation of $10,579,000 
for personnel and other services related to the Supreme Court 
building and grounds, which is supervised by the Architect of 
the Capitol. The recommendation is $15,807,000 below the fiscal 
year 2004 funding level and identical to the budget request.

         United States Court of Appeals for the Federal Circuit

                         SALARIES AND EXPENSES

Appropriations, 2004....................................     $20,468,000
Budget estimate, 2005...................................      25,007,000
Committee recommendation................................      20,624,000

    The Committee recommends an appropriation of $20,624,000. 
The recommendation is $156,000 above the fiscal year 2004 
funding level and $4,383,000 below the budget request.
    The Committee does not support funding a Deputy Circuit 
Executive ($135,000), as the budget justification has not shown 
a workload need, in relation to the other circuits, for such a 
position.
    In addition, the Committee does not support the requests 
for $246,000 to develop and maintain a disaster recovery plan 
and $160,000 for an independent security assessment. By fiscal 
year 2005, the court should have already prepared such a plan 
and should consider maintaining it within available resources. 
Also, the Committee does not support the request for $845,000 
for perimeter barriers since such barriers should be provided 
by the General Services Administration.

                   U.S. Court of International Trade

                         SALARIES AND EXPENSES

Appropriations, 2004....................................     $13,938,000
Budget estimate, 2005...................................      15,073,000
Committee recommendation................................      14,060,000

    The Committee recommends an appropriation of $14,060,000. 
The recommendation is $122,000 above the fiscal year 2004 
funding level and $1,013,000 below the budget request.

    Courts of Appeals, District Courts, and Other Judicial Services

                         SALARIES AND EXPENSES

Appropriations, 2004....................................  $3,955,036,000
Budget estimate, 2005...................................   4,320,244,000
Committee recommendation................................   4,131,487,000

    The Committee recommends an appropriation of 
$4,131,487,000. The recommendation is $176,451,000 above the 
fiscal year 2004 funding level and $188,757,000 below the 
budget request.
    The Committee is not supportive of the request for program 
increases as stated in the beginning of this title. The 
Committee is extremely concerned about not furloughing or 
laying off personnel. The Judicial Conference is urged to 
reconsider this course of action by making the retention of 
current personnel a top priority and directing funds to the 
courts to the greatest extent possible to assist them in this 
perilous situation.
    Judiciary Information Technology Fund.--The Committee does 
not support the full request for the Judiciary Information 
Technology Funds [JITF] account. The Committee does not support 
the addition of $1,699,000 in the JITF request for ``new 
project startup costs'' without any explanation or 
justification or the $1,663,000 listed as ``other projects''. 
In addition, the Committee does not support the judiciary's 
plan to divert any portion of the $5,300,000 to provide 
broadband access for court employees who want access to files 
from locations other than court facilities. This ``New 
Information Technology Upgrades'' provides remote capability 
and should be a lower priority to the courts than retaining 
personnel.
    In addition, the Committee continues to be concerned about 
the high percentage of operations and maintenance [O&M] costs 
versus new information technology projects. The Committee is 
aware that several projects are continuing to add new and/or 
remaining functionality to products after deployment and 
treating this cost as O&M in an attempt to keep the reported 
cost of the project down. Therefore, when submitting the fiscal 
year 2005 financial plan to the Committees on Appropriations, 
and each year thereafter, the Administrative Office of the 
United States Courts [AO] shall include a separate and detailed 
JITF financial plan that includes all on-going projects and an 
accounting of O&M costs.
    The Committee is aware that the Financial Accounting System 
for Tomorrow [FAS4T] has successfully completed its deployment 
throughout the judiciary. This project has had a long history 
and the Committee is pleased it is now complete. The entire 
project team should be commended for this valuable addition to 
the judiciary.
    Edwin L. Nelson Local Initiative Program.--The conference 
report accompanying Public Law 108-199, enacted on January 23, 
2004, specified $1,800,000 for the Edwin L. Nelson Local 
Initiatives Program. This money was intended to be used to: (1) 
establish and operate a national clearing house; (2) facilitate 
local court collaboration; (3) expand training at the circuit 
level; and (4) provide information technology grants to local 
courts. This program was designed to assist local courts with 
developing solutions for the unique problems they experience. 
The grants portion of this program is instrumental to efforts 
to develop these solutions and share them with other courts 
throughout the country.
    Contrary to the intent of the conference report, the AO did 
not develop a process for local courts to apply for these 
grants for over 5 months. It was not until this Committee 
notified the AO on May 17 of its non-compliance that it agreed 
to notify the courts that they could apply for grants this 
year. Even with this direction, the courts were not notified 
until mid-June of this option. However, absent a national 
process, the Office of Information Technology did identify 
eight courts to receive grants. The rest of the judiciary will 
now compete for the remaining funds. By delaying and 
abbreviating the grants portion of this program, the Office of 
Information Technology denied local courts the opportunity to 
properly evaluate their needs and apply for fiscal year 2004 
grants.
    As specified in the bill language, $1,300,000 of the amount 
appropriated for the Judiciary Information Technology Fund 
shall be set aside for the Edwin L. Nelson Local Initiatives 
Program, of which not less than $1,000,000 shall be reserved 
for local court grants.
    Within 30 days of enactment of this Act, the AO will report 
to the Committee on Appropriations the financial status of this 
program. This report, at a minimum, will include a list of all 
courts that have received grants to date, the reason for the 
grant, and the amount provided. Hereafter, the AO shall submit 
this information on a quarterly basis.
    Office of Probation and Pretrial Services.--The Office of 
Probation and Pretrial Services [OPPS] in the District of 
Florida Southern has developed an automated ``Pre-Sentence 
Investigative Form'' that has saved considerable time and money 
in their office. The Committee lauds this office for their 
success in this project. The Committee urges the AO to consider 
this product as an enhancement to the existing PACTS/ECM 
project.
    In addition, the OPPS in Florida Southern has developed a 
Pre-Sentence Database that has saved 2-3 clerk positions. This 
database, in combination with the Automated Pre-Sentence Report 
will save this office a minimum of $250,000 per year. The 
Florida Southern Office of Probation and Pretrial Services is 
commended for their initiative. This is a great example of how 
local initiatives can be leveraged either at the national level 
or shared among other courts to save a considerable amount of 
money. The Edwin L. Nelson Local Initiative Program was 
designed for exactly this purpose.

                       VACCINE INJURY TRUST FUND

Appropriations, 2004....................................      $3,159,000
Budget estimate, 2005...................................       3,471,000
Committee recommendation................................       3,159,000

    The Committee recommends an appropriation of $3,159,000. 
The recommendation is identical to the fiscal year 2004 funding 
level and $312,000 below the budget request.

                           Defender Services

Appropriations, 2004....................................    $598,116,000
Budget estimate, 2005...................................     681,612,000
Committee recommendation................................     648,116,000

    The Committee recommends an appropriation of $648,116,000. 
The recommendation is $50,000,000 above the fiscal year 2004 
funding level and $33,496,000 below the budget request.
    This account funds the operations of the Federal public 
defender and community defender organizations and the 
compensation, reimbursement, and expenses of attorneys 
appointed to represent persons under the Criminal Justice Act 
[CJA], as amended.
    Office of Court Administration and Defender Services.--The 
Federal Defender's Office [FDO] in the Southern District of 
Florida has developed a highly successful program to train, 
supervise, provide continuing education and mentor public 
defenders. This has resulted in a high degree of expertise in 
the Defender's Office and in the CJA panel attorneys in this 
district. The Federal Public Defender, the staff attorneys and 
the administrative staff are to be commended for their 
professionalism, dedication, and successes while building a 
program that is a model for the rest of the judiciary. This 
Committee enthusiastically supports the program this office has 
built and highly encourages the judiciary to use their complete 
program as a guide for other FDO's to follow.
    Criminal Justice Act Panel Attorney Rates.--CJA panel 
attorney representations and pay rates have been thoroughly 
examined by this Committee. As a result, the Committee believes 
in order to maintain a high quality of panel representations, 
both the hourly rates and case compensation maximums must be 
addressed. Within the amounts provided herein, and effective 
January 1, 2005, this Committee recommends the hourly rates 
payable to capital case attorneys be increased to $160 per 
hour.
    In addition, the case compensation maximum amounts 
presently in effect are creating an unnecessary hardship on 
panel attorneys, court staff, and judges. Many judges 
administratively reduce the requested compensation on panel 
attorney vouchers in order to not exceed the statutory maximum 
and thereby reduce the administrative burden on chief judges. 
As a result, many panel attorneys in non-capital cases receive 
less compensation than they deserve. To make the representation 
compensation more accurately reflect actual expenses, this 
Committee increases the maximum compensation limits as outlined 
in section 304 of the accompanying Act.

                    Fees of Jurors and Commissioners

Appropriations, 2004....................................     $57,213,000
Budget estimate, 2005...................................      62,800,000
Committee recommendation................................      62,800,000

    The Committee recommends an appropriation of $62,800,000. 
The recommendation is $5,587,000 above the fiscal year 2004 
funding level and reflects the judiciary's reestimate of fiscal 
year 2005 requirements.
    This account provides for the fees and allowances of grand 
and petit jurors and for the compensation of land commissioners 
and jury commissioners.

                             Court Security

Appropriations, 2004....................................    $274,580,000
Budget estimate, 2005...................................     383,282,000
Committee recommendation................................     274,653,000

    The Committee recommends an appropriation of $274,653,000. 
The recommendation is $73,000 above the fiscal year 2004 
funding level and $108,629,000 below the budget request.
    The Committee is concerned about the security of the United 
States Courthouses and the safety of all judicial employees and 
urges the Administrative Office to work closely with the United 
States Marshals Service to forge an effective and lasting 
accommodation to achieve this common goal.
    The Committee notes the budget request for the judiciary 
assumes the transfer of security costs of the Federal 
Protective Service [FPS], previously paid for under the 
Salaries and Expenses and Defender Services accounts, to the 
Court Security account. The Committee recommendation does not 
include this transfer. The Committee is concerned over the size 
of the increase in FPS costs in fiscal year 2005 and prohibits 
the expenditure of any additional funds until sufficient 
justification for the 34 percent increase to the judiciary is 
provided to the Administrative Office of the United States 
Courts by the Department of Homeland Security. Once a breakout 
of the full FPS security costs by Federal agency is provided, 
the Committee will reconsider both the prohibition on the 
expenditure of the additional funds and the transfer of these 
funds to this account.

           Administrative Office of the United States Courts

                         SALARIES AND EXPENSES

Appropriations, 2004....................................     $65,305,000
Budget estimate, 2005...................................      72,154,000
Committee recommendation................................      67,249,000

    The Committee recommends an appropriation of $67,249,000. 
The recommendation is $1,944,000 above the fiscal year 2004 
funding level and $4,905,000 below the budget request.
    The Committee is aware of the cost saving measures the 
Executive Committee and the Director of the AO have instituted 
and lauds them for their leadership in this difficult time of 
reduced and critical resources. The Committee urges them to 
continue these cost saving procedures and to assist the local 
courts to the maximum amount possible so as to minimize 
additional furloughs and reductions of court staff.
    The Committee cannot support a request for 6 full time 
equivalents and $617,000 for program oversight while the courts 
are experiencing large scale staff reductions. The Committee 
urges the AO to consider additional ways to handle the workload 
with the existing staff.
    The AO shall submit a report to the Committees on 
Appropriations on the Edwin L. Nelson Local Initiatives Program 
within 30 days of enactment of this Act as outlined above under 
``Salaries and Expenses, Courts of Appeals, District Courts and 
Other Judicial Services'' and section 306 of the accompanying 
Act.
    This Committee does not support the request for 
``cafeteria-style'' benefits ($432,000) for reasons stated in 
the beginning of this title. The Committee recommends that the 
AO reconsider this proposal and defer to the Judicial 
Conference for policy guidance.
    The AO is reminded that Section 605 of the accompanying Act 
applies to the judiciary, and as such, expects the AO to notify 
the Committees on Appropriations before taking any actions 
covered by this section.

                        Federal Judicial Center

                         SALARIES AND EXPENSES

Appropriations, 2004....................................     $21,214,000
Budget estimate, 2005...................................      22,126,000
Committee recommendation................................      21,670,000

    The Committee recommends an appropriation of $21,670,000. 
The recommendation is $456,000 above the fiscal year 2004 
funding level and $456,000 below the budget request.
    The Federal Judicial Center [FJC] improves the management 
of Federal judicial dockets and court administration through 
education for judges and staff and research, evaluation, and 
planning assistance for the courts and the judicial conference.

                       Judicial Retirement Funds

                    PAYMENT TO JUDICIARY TRUST FUNDS

Appropriations, 2004....................................     $29,000,000
Budget estimate, 2005...................................      36,700,000
Committee recommendation................................      36,700,000

    The Committee recommends an appropriation of $36,700,000 
for payments to the Judicial Officers' Retirement Fund and the 
Claims Court Judges Retirement Fund. The recommendation is 
$7,700,000 above the fiscal year 2004 funding level and 
identical to the budget request.
    These funds cover the estimated annuity payments to be made 
to retired bankruptcy judges and magistrate judges, claims 
court judges, and spouses and dependent children of deceased 
judicial officers.

                  United States Sentencing Commission

                         SALARIES AND EXPENSES

Appropriations, 2004....................................     $12,224,000
Budget estimate, 2005...................................      13,456,000
Committee recommendation................................      12,404,000

    The Committee recommends an appropriation of $12,404,000. 
The recommendation is $180,000 above the fiscal year 2004 
funding level and $1,052,000 below the budget request.
    The purpose of the Commission is to establish, review, and 
revise sentencing guidelines, policies, and practices for the 
Federal criminal justice system. The Commission is also 
required to monitor the operation of the guidelines and to 
identify and report necessary changes to the Congress.

                   General Provisions--The Judiciary

    The Committee recommends the following general provisions 
for the judiciary.
    Section 301 allows the judiciary to expend funds for the 
employment of experts and consultant services.
    Section 302 allows the judiciary, subject to the 
Committee's reprogramming procedures, to transfer up to 5 
percent between appropriations, but limits to 10 percent the 
amount that can be transferred into any one appropriation.
    Section 303 limits official reception and representation 
expenses incurred by the Judicial Conference of the United 
States to no more than $11,000.
    Section 304 raises the compensation maximums for CJA panel 
attorneys.
    Section 305 requires the Administrative Office to submit an 
annual financial plan for the judiciary.
    Section 306 requires the AO to submit a report within 30 
days on the Edwin L. Nelson Local Initiative Program.
    Section 307 allows for a salary adjustment for Justices and 
judges.

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

    The Committee recommends a total of $8,542,108,000 for the 
Department of State and the Broadcasting Board of Governors. 
The recommendation is $201,321,000 below the fiscal year 2004 
funding level and $578,733,000 below the budget request. 
Security, technology, and infrastructure accounts have received 
the maximum funding deemed prudent.

                   Administration of Foreign Affairs

                    DIPLOMATIC AND CONSULAR PROGRAMS

Appropriations, 2004....................................  $4,063,488,000
Supplemental appropriations, 2004.......................     120,500,000
Budget estimate, 2005...................................   4,285,044,000
Committee recommendation................................   4,151,755,000

    The Committee recommends an appropriation of 
$4,151,755,000. The recommendation is $32,233,000 below the 
fiscal year 2004 funding level and $133,289,000 below the 
budget request.
    Within the amount provided, $658,701,000, the full amount 
requested, is for Worldwide Security Upgrades, as described in 
greater detail later in this section.
    This appropriation account provides for the formulation and 
execution of U.S. foreign policy, including the conduct of 
diplomatic and consular relations with foreign countries, 
diplomatic relations with international organizations, and 
related activities. This account primarily funds the overseas 
programs and operations of the Department of State.
    Within the amount provided, $175,000 is to support the 
United States' membership in the Arctic Council and $40,000 is 
to support the United States' membership in the Bering Straits 
Commission. The former includes funds for representation 
expenses and travel for United States delegates.
    The recommendation includes language directing that funding 
provided under this heading be obligated in accordance with the 
following table:

                     DIPLOMATIC & CONSULAR PROGRAMS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
Regional Bureaus:
    Bureau of African Affairs...........................  246,526
    Bureau of East Asian and Pacific Affairs............  250,618
    Bureau of European and Eurasian Affairs.............  536,326
    Bureau of Near Eastern Affairs......................  185,128
    Bureau of South Asian Affairs.......................   80,234
    Bureau of Western Hemisphere Affairs................  259,462
    Bureau of International Organization Affairs........   56,680
    Office of International Conferences.................    3,122
    FSN Separation Liability Trust Fund.................    8,361
                                                         ---------------
      Subtotal, Regional Bureaus........................  1,626,457
                                                         ===============
Functional Bureaus:
    Ambassador's Fund for Cultural Preservation.........    4,000
    Bureau of Arms Control..............................   22,990
    Bureau of Consular Affairs..........................    3,164
    Additional Consular Officers........................  114,712
    Counterterrorism Research and Development/Office of     1,800
     the Coordinator for Counterterrorism...............
    Cultural Antiquities Task Force.....................    1,000
    Bureau of Democracy Human Rights and Labor..........   12,601
    Bureau of Diplomatic Security.......................  221,108
    Diplomatic Telecommunications Service Program Office    7,814
    Bureau of Economic and Business Affairs.............   29,044
    Bureau of Educational and Cultural Affairs (also        1,000
     funded under a separate heading)...................
    Bureau of Information Resource Management...........  148,000
    Bureau of Intelligence and Research.................   45,788
    Bureau of Non-Proliferation.........................   25,178
    Bureau of Oceans and Int'l Environmental and           23,548
     Scientific Affairs.................................
    Bureau of Political Military Affairs................   28,955
    Bureau of Population, Refugees, and Migration.......      493
    Bureau of Public Affairs............................   32,367
    Bureau of Verification and Compliance...............   15,329
                                                         ---------------
      Subtotal, Functional Bureaus......................  738,891
                                                         ===============
Management:
    Office of the Secretary.............................   62,230
    Deputy Secretary for Management and Resources.......    7,698
    Office on Right-Sizing the United States Overseas       3,000
     Presence...........................................
    Bureau of Resource Management.......................   97,532
    Office of Protocol..................................    6,279
                                                         ---------------
      Subtotal, Management..............................  176,739
                                                         ===============
Administration:
    Bureau of Administration............................  370,755
    Bureau of Human Resources...........................  112,265
    Bureau of Human Resources--Special Complement.......   65,311
    Diplomatic Readiness Initiative--Annualized Costs...   45,000
    Foreign Service Institute...........................  106,734
    Continuing Overseas Language Training...............   10,000
    Bureau of Legislative Affairs.......................    7,311
    Post Assignment Travel..............................  109,000
                                                         ---------------
      Subtotal, Administration..........................  826,376
                                                         ===============
Offices:
    Office of Foreign Missions..........................    4,222
    Office of International Criminal Justice............    1,152
    Office of International Information Programs........   48,763
    Office of Strategic Planning for Public Diplomacy...  [2,000]
    Micro-grants........................................  [3,000]
    Office of the Coordinator for Reconstruction and        1,000
     Stabilization......................................
    Office of the Legal Advisor.........................   37,916
    Office of the Medical Director......................   29,822
                                                         ---------------
      Subtotal, Offices.................................  122,875
                                                         ===============
Other:
    U.S. Membership in Arctic Council...................      175
    U.S. Membership in Bering Staits Commission.........       40
    Transfer to DEA for Training Provided...............    1,500
                                                         ---------------
      Subtotal, Other...................................    1,715
                                                         ===============
      Subtotal, Diplomatic and Consular Programs, Non-    3,493,053
       Security.........................................
------------------------------------------------------------------------

    Some of the Committee recommendations displayed in the 
table are described in more detail in the following paragraphs.

                         9/11 COMMISSION REPORT

    The 9/11 Commission Report focused overwhelmingly on the 
efforts of other U.S. foreign affairs and intelligence agencies 
to combat international terrorism, and specifically efforts to 
combat the Al Qaeda terrorist network. The 9/11 Commission 
Report's lack of attention to the role of the Department of 
State, whether intentional or not, implied that the 
Department's role was merely to issue travel warnings, grant 
(or not grant) visas, and make futile attempts to convince the 
Taliban to hand over Osama bin Laden to the United States or 
its allies. While these were certainly among the Department's 
missions prior to September 11, 2001, the 9/11 Commission 
Report underrepresented the role of the Department of State in 
the fight against international terrorism. The 9/11 Commission 
Report missed an opportunity to highlight the United States' 
failure to fight terror at its roots, a mission that falls 
squarely under the purview of the Department of State. Through 
its public diplomacy efforts, the Department of State seeks to 
preempt and prevent terrorism by countering false or inaccurate 
information about the United States, our values, and 
intentions. Such mis- and disinformation is central to the 
creation and recruitment of terrorists, as highlighted in the 
9/11 Commission Report. Moreover, the State Department is the 
only U.S. agency authorized and equipped to conduct the type of 
outreach to foreign publics and governments that is crucial to 
changing these uninformed and, unfortunately, widely-held 
views.
    Despite a lack of attention to Department of State 
activities, the 9/11 Commission Report's recommendations 
include activities in which the Department of State will and 
must take the lead. Such recommendations include: identifying 
terrorist sanctuaries; securing the help of foreign countries 
in the war on terror; making a long-term commitment to the 
security and stability of Afghanistan; building a better 
relationship with Saudi Arabia; defining the U.S. ``message''; 
defending American ideals abroad vigorously; providing 
assistance to schools in Muslim countries; developing a 
coalition strategy against Islamist terrorism; developing, with 
the Department of Homeland Security, a biometric entry-exit 
screening system for visitors to the United States; and 
creating better mechanisms for sharing information about 
terrorists with our allies.
    The Department of State is directed to provide to the 
Committee, within 30 days of enactment of this Act, a detailed 
response to the conclusions and recommendations of the report 
issued by the National Commission on the Terrorist Attacks Upon 
the United States. This report shall include the Department's 
preliminary plans for implementing some or all of the 9/11 
Commission Report's recommendations. This report should also 
answer the question, raised by the 9/11 Commission Report, of 
whether the dominance of the regional bureaus within the 
Department may hinder its combating terrorism mission. This 
report shall also be made available, in unclassified form, to 
the public on the Department's website.

                         DEPARTMENT MANAGEMENT

    Reprogrammings.--In fiscal year 2003, the Department of 
State undertook two separate reorganizations without submitting 
reprogramming requests. One such reorganization involved the 
Bureau of Political Military Affairs and the other involved 
changing the Office of International Information Programs [IIP] 
from office-level status to bureau-level status. Consequently, 
the Committee still does not recognize IIP as a Bureau. In 
fiscal year 2004, the Department of State submitted a 
reprogramming request to relocate several full time equivalents 
[FTEs] from the Bureau of Legislative Affairs to the Bureau of 
Administration. However, the Department moved ahead with this 
reorganization without the Committee's approval and without 
giving the Committee sufficient time to review the request. 
While the Department's violations of Section 605 were not as 
flagrant in fiscal year 2004 as they were in fiscal year 2003, 
some additional guidance is clearly needed. The Committee has 
included bill language that will mitigate this problem in the 
future.
    Bureau of International Narcotics and Law Enforcement 
Affairs.--The Committee is aware that the Bureau of 
International Narcotics and Law Enforcement Affairs [INL] 
remains delinquent on its reimbursement payments to the Drug 
Enforcement Administration [DEA] for the international counter-
narcotics training DEA provides to foreign narcotics law 
enforcement officers under an agreement with the State 
Department. The recommendation includes bill language to 
address this delinquency.
    Financial Operations.--The Committee commends the 
Department of State for the significant improvements it has 
made in its financial operations. In 1994, the Department began 
the process of streamlining and centralizing its overseas and 
domestic financial operations in Charleston, South Carolina. 
From Charleston, the Department pays over 25,000 Americans both 
domestically and overseas and over 35,000 local national 
employees in 180 different countries, bi-weekly, in local 
currencies. The Committee is aware that the Office of 
Management and Budget is in the process of consolidating 
payroll operations among the Federal agencies. The Department 
is directed to report to the Committee on the potential impact 
of consolidation on the operations of the Charleston Financial 
Services Center prior to making a commitment to any government-
wide payroll consolidation effort. Above all, the Department 
must demonstrate to the Committee that consolidation would 
result in cost-savings to the American taxpayers.
    International Trade.--Every year, the State Department 
attempts to pursue international trade activities that fall 
under the jurisdiction of the Department of Commerce's 
International Trade Administration, and in particular under the 
jurisdiction of the United States and Foreign Commercial 
Service. The State Department's efforts to expand its 
jurisdiction in this area runs counter to the intent of the 
Committee, which notes the expansive and intractable foreign 
policy issues already confronting the Department. As in prior 
years, no funding is recommended for these activities.
    Clean Energy Technology Exports.--The Committee expects the 
Department of State to fully participate in and contribute to 
the Clean Energy Technology Exports [CETE] Initiative, a nine-
agency approach to help open international energy markets and 
aid with the export of a range of United States clean energy 
technologies.
    Bureau of African Affairs.--The recommendation includes 
$246,526,000 for the Bureau of African Affairs. Within this 
amount, $2,500,000 is for the Office of the Assistant Secretary 
of African Affairs and $13,500,000 is for the Office of the 
Executive Director. The Committee is dissatisfied with the 
level of support that the Bureau has given to the Special Court 
for Sierra Leone. The Committee would consider a reprogramming 
of funds to these offices if the Bureau demonstrates a greater 
degree of support for, and cooperation with, the Special Court.
    International Conference on North Korean Human Rights.--The 
Committee is concerned about human rights violations occurring 
in North Korea. The recommendation therefore includes, within 
funds available for the Bureau of East Asian and Pacific 
Affairs, $2,000,000 for the costs of an international 
conference to examine the human rights situation in North 
Korea. This conference will bring together non-governmental, 
religious, and student leaders; organizations; and experts on 
the issue. This conference will provide for an opportunity for 
networking and information sharing, thereby focusing 
international attention on North Korea's dismal human rights 
record.

                            GLOBAL PRESENCE

    Right-Sizing.--The report accompanying Public Law 108-401 
established the Office on Right-Sizing the U.S. Government 
Overseas Presence (``the Office''). The Office will be 
responsible for the enterprise architecture for the United 
States' overseas presence. The Office will lead the effort to 
develop internal and interagency mechanisms to better 
coordinate, rationalize, and manage the overall deployment of 
U.S. Government overseas staff; enforce a uniform rightsizing 
framework, as defined by the General Accounting Office; link 
overseas staffing levels to firmly established foreign policy 
priorities; move forward on regionalization initiatives; and 
ensure that rightsizing standards are applied systematically to 
final planning estimates for the staffing and design of all new 
mission facilities. In carrying out its responsibilities, the 
office should take into account the equities and missions of 
other Federal agencies represented overseas. The Office shall 
report to the Committee each year on June 1 on trends in 
overseas staffing.
    The Department is directed to seek the participation of 
other relevant Federal agencies in staffing the Office. Within 
funds made available for Diplomatic and Consular Programs, 
$3,000,000 is only for the operations of the Office.
    As part of its efforts, the Office will undertake an 
initiative to review and recommend for right-sizing a 
representative number of posts, including category 5+posts, in 
fiscal year 2005. For the purposes of this review, staffing is 
defined as all American and foreign national personnel, in all 
employment categories, whether direct hire or contract, full-or 
part-time, permanent or temporary.
    Chiefs of Mission [COMs] play a central role in right-
sizing the U.S. Government overseas presence. The Office shall, 
in its first June 1 report to the Committee, include 
recommendations on new ways the Department can support COMs in 
their right-sizing efforts. The report should include 
recommendations for any legislative action that the Secretary 
determines would be helpful in this regard.
    The Committee recognizes that the Department's Capital 
Security Cost Sharing [CSCS] program is an important element in 
overall government-wide right-sizing efforts and is likewise an 
Administration policy and priority, and that the Office on 
Right-Sizing the U.S. Government Overseas Presence and the 
Bureau of Overseas Buildings Operations [OBO] will have 
responsibility for planning the staffing of embassies to be 
constructed in this program, in coordination with all other 
overseas agencies.
    U.S. Presence in Brazil.--The Department currently 
maintains 45 properties and 60 authorized full time permanent 
U.S. direct-hire positions in Rio de Janeiro. Only 200 miles 
down the road in Sao Paolo, the Department maintains 62 
properties and another 60 authorized full time permanent U.S. 
direct-hire positions. The Department recently renovated U.S. 
Consulate General Sao Paolo's compound, at a total cost of 
$85,700,000. The Committee fully supported this project. It is 
not fiscally prudent for the U.S. Government to continue to 
operate these two separate missions. The recommendation 
therefore includes language directing the Department to close 
the U.S. Consulate General Rio de Janeiro, and consolidate its 
operations into the newly refurbished U.S. Consulate General 
Sao Paolo. Many new demands are being placed on the Department 
(in Iraq and Afghanistan, to name only the two most obvious), 
and the Department must be willing to make tough decisions. 
While it is a convenience to both Brazilians and Americans for 
the United States to have a presence in both Rio de Janeiro and 
Sao Paolo, it is not a necessity.

                            HUMAN RESOURCES

    No funding is recommended for a fourth year of the 
Department's Diplomatic Readiness Initiative [DRI]. The DRI was 
supposed to be a 3-year initiative, begun in fiscal year 2002, 
in which the Department planned to hire a total of 1,158 new 
Foreign Service Officers [FSOs]. The Committee has provided 
$250,000,000 over the last 3 years, which has allowed State to 
hire 1,069 new Foreign Service Officers [FSOs] above attrition. 
In addition to the new positions provided under DRI, since 
fiscal year 2001 the Committee has provided $55,212,000 for 486 
new Diplomatic Security agents above attrition and $59,384,000 
for 340 new consular positions above attrition. The 
recommendation for fiscal year 2005 includes full funding for 
the 63 Consular Associates Replacements requested under Secure 
Operations, the 71 additional Diplomatic Security positions 
requested under Worldwide Security Upgrades, and the 60 Border 
Security Staff positions requested under the Border Security 
Program, as discussed in greater detail later in this section. 
This will result in a total of 194 new State Department 
personnel above attrition in fiscal year 2005. The Committee 
reminds the Department that the Committee recommendation for 
fiscal year 2005 represents the third straight year that the 
Department has received substantial increases for hiring, while 
other Federal agencies have faced reductions in force [RIFs].
    Foreign Language Proficiency.--There is a continued 
shortage of personnel at the State Department who possess the 
language skills required for their positions. If our diplomats 
truly are our ``first line of defense'' against threats from 
abroad, then their ability to converse fluently in the 
languages of the countries to which they are posted is critical 
to national security. The Committee is pleased, however, with 
recent policy changes made by the Department to give more 
weight to foreign language proficiency in decisions concerning 
the hiring and promotion of Foreign Service Officers. For 
example, the Department has been targeting recruitment to 
attract candidates to the Foreign Service who have preexisting 
language skills, including those with native or ``heritage'' 
langauge skills. Applicants who have additional language skills 
are given extra points in the hiring process. The Committee 
directs the Department to report on further changes to its 
hiring and promotion practices that may be necessary no later 
than April 14, 2005. The Committee directs the Department to 
act expeditiously to alter its policies in order to give 
additional credit for critical languages, such as Arabic.
    Continuing Overseas Language Training.--Language skills 
ensure that dependents of Department of State personnel are not 
overwhelmed by isolation and alienation, resulting in lowered 
post morale. Within available funds, the Committee 
recommendation directs that $10,000,000 shall be available only 
for continuing language education programs for both employees 
and dependents at posts worldwide. Language classes should also 
be open to non-State Department (Federal) employees on a space-
available, reimbursable basis.

                                SECURITY

    Worldwide Security Upgrades.--The Committee recommends an 
appropriation of $658,701,000 for Worldwide Security Upgrades. 
The recommendation is $18,805,000 above the fiscal year 2004 
funding level and identical to the budget request. The 
recommendation includes inflationary increases for equipment 
(including technical equipment), information security, and 
armored vehicle replacement. The recommendation includes the 
requested funding level for personnel and training, the 
Department's chemical/biological program, and maintenance of 
the Department's emergency radio networks. The recommendation 
for perimeter security enhancements is $1,262,000 above the 
request.
    The Committee recommendations are displayed in the 
following table:

                       WORLDWIDE SECURITY UPGRADES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
Ongoing Security Activities:
    Center for Anti-Terrorism and Security Tranining....          23,046
    Guards/Worldwide Protection.........................         239,125
    Physical Security Equipment.........................          19,791
    Technical Support/Infrastructure....................          63,021
    Information/Systems Security........................          53,288
    Armored Vehicles Replacement........................          11,026
    Personnel/Training..................................         158,996
    Chemical/Biological Program.........................          17,422
    Radio Program.......................................           7,626
    Perimeter Security Enhancements.....................          44,662
    TOPOFF III..........................................           3,000
                                                         ---------------
      Subtotal, Ongoing Security Activities.............         641,003
                                                         ===============
New Initiatives:
    Additional 71 Security Professionals................          14,698
    Security Management Systems Initiative..............           3,000
                                                         ---------------
      Subtotal, New Initiatives.........................          17,698
                                                         ===============
      Subtotal, Worldwide Security Upgrades.............         658,701
------------------------------------------------------------------------

    Some of the Committee recommendations displayed in the 
table are described in more detail in the following paragraphs.
    TOPOFF III.--The Committee commends the Office of the 
Coordinator for Counterterrorism for its continued involvement 
in the Top Officials [TOPOFF] national domestic 
counterterrorism exercise series. The Department of State, 
working in partnership with the Department of Homeland 
Security, contributes to the design, development, conduct, and 
evaluation of this exercise. The Committee originally directed 
the Department of Justice to undertake TOPOFF I in the fiscal 
year 1999 appropriations bill. In 2003, under the direction of 
the Committee, TOPOFF expanded to include the participation of 
Canada, making TOPOFF II the first terrorism exercise of its 
size to be conducted by the United States in cooperation with 
another country. Within the amount made available for Worldwide 
Security Upgrades, $3,000,000 is for the State Department's 
participation in TOPOFF III. The Department is directed to 
report to the Committee on the status of TOPOFF III within 30 
days of enactment of this Act.
    Border Security Program.--The recommendation includes 
$836,480,000, the full amount requested, for the Department's 
border security program. The border security program, funded 
from Machine Readable Visa [MRV] fees paid by persons seeking 
non-immigrant visas to the United States, and in part through 
transfers from the Diplomatic and Consular Programs account, is 
a critical component of the Department's efforts to assist and 
protect United States citizens overseas and safeguard the 
Nation's borders. Disruption of the border security program due 
to an MRV fee shortfall must be avoided at all costs. The 
recommendation therefore again includes language providing for 
the automatic transfer of funding from the Diplomatic and 
Consular Programs account to the account that funds the 
Department's Border Security Program in the event of continued 
MRV fee shortfalls in fiscal year 2005.
    Consular Services Fees.--The recommendation includes 
language raising the fees the Department of State may collect 
for passports and immigrant visas.
    Interagency Study on the Visa Clearance Process.--The 
Committee agrees with the President that the U.S. Government 
has no more important mission than protecting the homeland from 
future terrorist attacks. We must use all legal means at our 
disposal to identify and halt terrorists who attempt to enter 
the United States. However, 3 years after September 11, our 
visa clearance processes remain plagued by gaps and overlap. 
Gaps give rise to dangerous scenarios where people who wish to 
do harm to the United States and its citizens may enter this 
country legally. Overlap leads to the unnecessary expenditure 
of American tax dollars and unacceptable delays in the 
adjudication of visas. There has to be a middle ground.
    The Committee is concerned in particular about the overlap 
that exists between the State Department-led clearance 
processes, such as Visas Condor, which require name checks to 
be performed by other Federal agencies that are redundant with 
screening and analysis already performed by such entities as 
the Terrorist Screening Center [TSC] and the Terrorist Threat 
Integration Center [TTIC]. These entities were created in the 
aftermath of September 11 to serve as a centralized repository 
for all information related to the identity of known or 
suspected terrorists. The primary mission of these entities is 
to maintain databases against which applications for 
nonimmigrant visas are checked. The information contained in 
these databases serves as the basis for screening performed by 
the Department of Homeland Security [DHS] and the Department of 
State to prevent the entry of known or suspected terrorists 
into the United States. For example, the Federal Bureau of 
Investigation's [FBI] ``hit lists'' are fed to the TSC. It is 
reasonable to question, then, why the Department of State 
continues to refer visas to the FBI (as part of the Security 
Advisory Opinion [SAO] process) when the same information is 
used by TSC to screen the application. The various screening 
entities (TSC, TTIC, etc.) have been adequately staffed and 
equipped to produce quick turn around times for visa 
processing. But these additional and unnecessary steps in the 
visa clearance process have lead to tremendous visa backlogs. 
In extreme cases, it takes an agency several months to act on a 
visa application. This delay is unacceptable, and it is taking 
a toll on Federal programs such as educational and cultural 
exchanges and on the United States economy.
    Enrollment of foreign students in U.S. universities has 
dropped dramatically since September 11, partly because of the 
administrative burdens and delays associated with obtaining a 
student visa. Many students are turning to countries like 
Canada and the United Kingdom to pursue college and advanced 
degrees. This trend is disadvantageous for the U.S. economy, to 
which foreign visitors contribute billions of dollars annually. 
More worrisome, this trend works directly against the United 
States' public diplomacy goals. One of the most effective ways 
for the United States to win the ``hearts and minds'' of 
foreign publics and governments is for them to travel to the 
United States. There is no better way for foreigners to gain 
understanding of American culture and values than to experience 
the United States for themselves. Our own visa clearance 
process is working against us in this regard.
    A second and related problem with the U.S. visa clearance 
process is that some agencies appear to be unwilling to give up 
control of their own independent databases and, in some cases, 
are even unwilling to provide all of the relevant information 
to the screening entities. Some agencies have preferred to 
continue to do ``business as usual'' even when the old way of 
doing business no longer makes sense.
    The recommendation therefore includes language directing 
the FBI, DHS, and the Department of State to conduct a thorough 
study of all matters relating to the efficiency and 
effectiveness of the interagency process used to review 
applications for nonimmigrant visas. In this study, the FBI, 
DHS, and the Department of State shall develop recommendations 
on which visa clearance procedures should be eliminated, which 
visa clearance procedures should be retained, which Federal 
agencies or entities should participate in each such procedure, 
and the specific role these agencies should play in the various 
visa clearance processes. The purpose of this study shall be to 
determine which clearances should be eliminated as redundant, 
which should be eliminated as irrelevant, and which continue to 
have relevance. The study shall also determine which agencies 
and/or other Federal entities (such as the screening entities) 
should be involved in the visa clearance process and which 
should not. Finally, the study shall determine what information 
should be provided to the various screening entities by other 
U.S. agencies. The FBI, DHS, and the Department of State are 
directed, after the release of the study, to report regularly 
to the Committee on whether such information is being provided 
to the various screening entities by the relevant U.S. 
agencies. The Committee eagerly awaits the FBI's, DHS', and 
Department of State's report and intends to immediately 
evaluate and, if warranted, implement its recommendations.
    Agencies must commit to a reasonable period of time for 
providing responses to visa clearance requests. If agencies 
cannot commit to a reasonable time period, then the Committee 
will set down time limitations for responses to clearance 
requests in statute. Whether a visa is ultimately approved or 
denied, it is in the United States interest to provide visa 
applicants with a definitive answer in a predictable time 
frame.

                            PUBLIC DIPLOMACY

    Public diplomacy plays a critical role both in addressing 
the root causes of terrorism and in U.S. foreign relations 
generally. Despite progress in many other areas, the Department 
has suffered setbacks with respect to its public diplomacy 
program, most notably in the high turnover rate it has seen in 
Undersecretaries for Public Diplomacy and Public Affairs. The 
Committee urges the administration to consider nominating a 
career person to the position of Undersecretary of Public 
Diplomacy and Public Affairs who can commit to remaining in 
this position for a period of at least 3 years.
    Public Diplomacy Strategy.--In 2002, the Committee directed 
the Department to promulgate a comprehensive, sustained, and 
dynamic public diplomacy strategy. The first draft strategy, 
transmitted in September 2002, contained a mere checklist of 
actions taken by the Department in the area of public diplomacy 
in response to the September 11 attacks. The second draft 
strategy, transmitted in February 2003, articulated the goals 
of the Department's public diplomacy program and organized its 
public diplomacy initiatives into themes. This document was the 
most useful public diplomacy planning tool produced by the 
Department to date, to the credit of the Special Coordinator 
for Public Diplomacy and Public Affairs. The document, however, 
was not forward-looking. It did not contain a plan for how the 
Department's public diplomacy function should evolve to meet 
emerging priorities and needs. The third draft strategy, 
transmitted in June 2003, was the first document to provide a 
solid foundation from which the Department could begin to build 
the comprehensive, dynamic, and sustained public diplomacy 
strategy envisioned by the Committee.
    The Committee identified 5 ways in which the Strategy 
submitted in June 2003, should be refined by the Department: 
(1) the Strategy's proposals needed to be tied to budgetary 
resources; (2) mechanisms needed to be built into the Strategy 
that would allow the Department flexibility to shift programs 
and resources in response to changing world events and U.S. 
interests; (3) the Strategy needed to provide more guidance on 
how to coordinate the Department's public diplomacy components; 
(4) the Strategy needed to contain more ``thinking outside the 
box''; and (5) the Strategy needed to provide for better 
coordination with the Broadcasting Board of Governors [BBG].
    The Department was directed to submit the revised Public 
Diplomacy Strategy to the Committees on Appropriations by March 
1, 2004. The Department submitted an addendum to the June 2003, 
Strategy on March 2, 2004. This document, while not a 
resubmission of the Public Diplomacy Strategy as the Committee 
had directed, addressed several of the Committee's core 
concerns about the direction of the Department's public 
diplomacy policy, particularly as it concerns reaching non-
elite and non-traditional foreign audiences; ``thinking outside 
the box''; and strategic direction and performance measurement. 
The Committee is also pleased by the Department's recognition 
that the Department of Defense and the United States Agency for 
International Development [USAID] engage in activities with a 
significant public diplomacy dimension. The Committee applauds 
the establishment of the State-USAID Joint Policy Council. The 
document did not address the problem of coordination with BBG 
and, in fact, perpetuates the problem by noting repeatedly that 
BBG ``is an independent agency'' and that BBG should produce an 
independent report. This is precisely the Committee's point.
    Despite these weaknesses--which the Department is directed 
to rectify--the Committee considers the document submitted on 
March 2, 2004, together with the document submitted on June 6, 
2003, the Department's Public Diplomacy Strategy. The Committee 
notes that the Department articulated its public diplomacy 
goals for the Arab and Muslim world in its October 2003, 
response to the report by the Diplomacy Advisory Group for the 
Arab and Muslim World (the ``Djerejian Report''). The Committee 
approves the Department's Strategy and directs the Department 
to make this Strategy available to the public. The Committee 
further directs the Department to update this Strategy 
annually. Updates should henceforward be provided to the 
Committee on or before June 1 of each year subsequent to 
enactment of this Act.
    PD Global Forum.--The Committee supports the initiative PD 
Global Forum, which is a web-based discussion site intended to 
allow horizontal communication between PD professionals. PD 
Global Forum is intended to foster creativity in public 
diplomacy. This concept should be taken a step further. Ideas 
generated in this forum should be organized into a database 
which PD officers may refer to for ideas for events and 
activities that would be well-suited for their particular post 
or budget. The Bureau of Information Resource Management is 
directed to provide support to the Undersecretary for Public 
Diplomacy and Public Affairs in executing this directive. The 
Department is directed to report periodically to the Committee 
on its progress.
    Micro-grants.--The Undersecretary [U/S] for Public 
Diplomacy and Public Affairs is directed to establish a modest 
grant program under which PD officers, with the approval of 
their Chiefs of Mission, may apply for funding with which to 
execute PD projects that represent ``outside the box'' 
thinking. Grants may be as small as $100 or as large as 
$100,000. The U/S shall establish a system for disbursing these 
funds that allows PD officers to apply for and access these 
funds quickly and with a minimum amount of paperwork. Within 
amounts made available for public diplomacy activities under 
Diplomatic and Consular Programs, $3,000,000 shall be available 
for this purpose. Projects that receive funding should be 
logged into the PD Global Forum database described above so 
that other PD officers can learn of the methodology and 
outcomes of projects funded with micro-grants for possible 
application at their own posts. The U/S shall consult with the 
Committee as the micro-grant program is being developed and 
shall report to the Committee on a quarterly basis on the 
Department's progress towards implementing this program.
    Strategic Planning.--The fiscal year 2004 Omnibus 
Appropriations Act recommended the creation of the Office of 
Strategic Planning for Public Diplomacy [OSP/PD] within the 
Office of the Undersecretary for Public Diplomacy and Public 
Affairs. The Department established the Office of Policy, 
Plans, and Resources [OPPR] within the Office of the 
Undersecretary for Public Diplomacy and Public Affairs. The 
establishment of OPPR satisfies the Committee's requirement. 
OPPR will provide long-term strategic planning and performance 
measurement capability for the Department's public diplomacy 
programs and will give the U/S the capability to better oversee 
the allocation of public diplomacy resources and to focus 
resources on the most urgent needs. The OPPR shall update the 
Department's Public Diplomacy Strategy (the Strategy), as 
described above, overseeing the implementation of the Strategy; 
and monitor the effectiveness of the Strategy. The OPPR shall 
also continue to coordinate and evaluate the Department's 
public diplomacy efforts as they relate to Arab/Muslim 
countries. The Arab/Muslim Relations Coordinating Committee 
[ARCC], a subdivision of OPPR, will continue to ensure that the 
Strategy effectively confronts the unique challenges faced by 
the United States in its relations with Arab/Muslim countries. 
The Committee directs ARCC to participate in the quarterly 
reports of the OPPR.
    Respecting Other Cultures.--The recommendation includes 
$4,000,000 for the Ambassador's Fund for Cultural Preservation, 
a significant increase over last year. Nowhere is there a 
greater need to achieve understanding than in the Middle East. 
Therefore, within amounts available for the Ambassador's Fund 
for Cultural Preservation, $1,000,000 is for projects in the 
Middle East.
    The Ambassador's Fund for Cultural Preservation was 
initiated by the Committee in 2001. The purpose of this program 
is to provide direct grant support, through U.S. Ambassadors, 
to less developed countries to assist them in the preservation 
of forms of cultural expression. Forms of cultural expression 
may include historic sites and manuscripts, museum collections, 
and traditional forms of music, dance, and language. Under the 
program, U.S. Ambassadors serving in less developed countries 
submit competitive proposals for awards for one-time or 
recurring projects. Awards are based on the importance of the 
site, object, or form of expression, the country's need, and 
the potential of the award to make a meaningful contribution to 
the society of the country. By taking a leading role in efforts 
to preserve cultural heritage, the United States shows its 
respect for other cultures. As one Assistant Secretary of State 
said, ``The Ambassador's Fund demonstrates in measurable ways 
the U.S.' commitment to understanding and preserving the 
heritage of others''. The Committee considers the Ambassador's 
Fund for Cultural Preservation a vital component of U.S. public 
diplomacy.
    Cultural Antiquities Task Force.--The recommendation 
includes $1,000,000 for the continued operations of the 
Cultural Antiquities Task Force (Task Force). The Commerce, 
Justice, State and the Judiciary Appropriations Act for fiscal 
year 2004 directed the Task Force to coordinate Federal and 
international law enforcement efforts to prevent and track 
further looting of Iraqi national antiquities and to create a 
database to assist in recovery and otherwise account for such 
works. The Committee expects that the Department is currently 
creating an integrated database which will meet the directive 
of the conference report, no later than September 30, 2004.
    The Committee directs the Department to aggressively 
develop a process to exclude any applicant from receiving a 
non-immigrant visa for entry into the United States if such 
applicant is listed in the database of persons known to have 
contributed to the looting, damaging, or trafficking of any 
foreign country's historically or culturally significant works. 
Further, the Committee directs that all names appearing in the 
database also appear in the Department's Consular Lookout and 
Support System [CLASS] database and be made ineligible to 
receive a United States non-immigrant visa.
    In addition to requirements of the Appropriations Act for 
fiscal year 2004, the Task Force shall coordinate law 
enforcement efforts both within the United States and 
internationally to combat the trade in illegal antiquities, to 
propose modifications in United States legal provisions to 
strengthen their effectiveness in controlling and reducing the 
trade in illegal antiquities, and to initiate an international 
database of the laws of other nations that deal with cultural 
antiquities. The Task Force should coordinate closely with the 
Department's Cultural Property Office and expand the Task 
Force's mission to preserve and track historically or 
culturally significant works stolen from other countries, 
particularly Afghanistan.
    Finally, the Committee directs the Department to continue 
to work to keep cultural heritage issues prominent in postwar 
reconstruction plans for Iraq and Afghanistan and to assist in 
recovering historically and culturally significant objects from 
Iraq and from Afghanistan.
    The Committee is aware that the ancient temple area of 
Babylon in Iraq has been damaged as a result of the operation 
of a U.S. military base, Camp Alpha, located directly on top of 
this significant site. The Department of State and Department 
of Defense had committed to protect archaeological sites and 
cultural antiquities in Iraq after widespread looting last 
year. The Committee directs the Department's Cultural 
Antiquities Task Force to investigate this incident and provide 
the necessary funding to restore the historic site.
    The Secretary shall report to the Committees on 
Appropriations no later than April 15, 2005, on the 
Department's progress in protecting historically or culturally 
significant works, as well as the outcome of recovery of Iraqi 
national antiquities. This report shall outline the specific 
steps undertaken by the Task Force and the ways in which the 
funds are expended. The report shall include the status of 
recommendations made by the Department in the April 22, 2004 
report on the creation of the Cultural Antiquities Task Force. 
In particular, the Committee is interested in the outcome of 
planned meetings in the Middle East region of an Interpol 
Tracking Task Force to discuss the interdiction and recovery of 
Iraqi cultural property.

                         INTELLECTUAL PROPERTY

    The Department of State performs many functions relating to 
the protection of American intellectual property. It provides 
training and technical assistance programs to foreign countries 
to augment their abilities to combat piracy and counterfeiting. 
It helps verify industry reports, gathers information, assesses 
foreign governments' abilities and willingness to make progress 
in the area of protecting intellectual property, and delivers 
key United States Government communications concerning 
intellectual property. It uses bilateral diplomacy to urge 
foreign governments to ratify international intellectual 
property agreements, to pass intellectual property legislation, 
to increase domestic and border enforcement of intellectual 
property, and to extradite pirates and counterfeiters. Finally, 
the State Department coordinates with other Federal agencies 
such as the Office of the United States Trade Representative, 
the Department of Commerce, and the United States Patent and 
Trademark Office, and the affected industries to develop U.S. 
policies concerning intellectual property.
    The Committee is concerned, however, about the adequacy of 
the Department's infrastructure for fulfilling its 
responsibilities for protecting American intellectual property. 
The recommendation therefore includes bill language 
establishing the Office of International Intellectual Property 
Enforcement. The recommendation includes $1,000,000 for the 
salaries and expenses and other costs of this office, which is 
provided through a transfer of funds from the National 
Intellectual Property Law Enforcement Coordination Council. The 
Department is directed to submit a comprehensive report on its 
intellectual property efforts to the Committee concurrent to 
the Department's annual budget submission to Congress. In 
addition to describing and evaluating all of the functions 
performed by the State Department that relate to the protection 
of intellectual property, the report shall: put forward a plan 
for the establishment of the Office of International 
Intellectual Property Enforcement, which shall include the 
estimated number of full time equivalents to be assigned to the 
office; describe the office's proposed responsibilities and 
authorities, including any legislation that may be recommended; 
and propose a spending plan for the $1,000,000 and any 
additional funds that might be necessary for the office to be 
established and to fulfill its responsibilities.

                         POST-CONFLICT RESPONSE

    The Committee is concerned about the lack of capacity 
within U.S. civilian agencies to effectively prepare for and 
respond to post-conflict stabilization and reconstruction 
crises. The recommendation therefore inlcudes $1,000,000 for 
the establishment and operations of the Office of the 
Coordinator for Reconstruction and Stabilization (``the 
Office'') within the Department of State to develop and 
implement recommendations on how to enhance U.S. capabilities 
to respond to post-conflict and other complex emergencies. The 
Office will also provide civilian management of stabilization 
and reconstruction efforts. The recommendation includes 
language providing that the Office shall monitor, develop, and 
coordinate U.S. capabilities to rapidly engage in stabilization 
and reconstruction activities in response to conflict or civil 
strife overseas and, if engagement is determined to be in the 
U.S. interest, identify, mobilize, and manage non-military 
resources in response to such circumstances. The Office shall 
be headed by a Coordinator, who shall report to the Secretary 
of State. The Committee directs the Office to coordinate with 
relevant bureaus within the State Department, other relevant 
U.S. agencies, and relevant non-governmental organizations. The 
Office should be staffed by officials from the State Department 
and detailees from other civilian agencies.
    The Committee directs that not later than 30 days after 
enactment of this Act, the Department shall submit to the 
Committee a detailed description of the Office's functions and 
a description of how the Office will coordinate with other 
bureaus in the Department and other relevant agencies.
    The Committee directs that not later than 1 year after the 
date of enactment of this Act, the Office shall provide a 
report to the Committee on the desirability and feasibility of 
establishing a response entity that can provide assistance in 
support of stabilization and reconstruction activities overseas 
in the event of conflict or civil strife. The report should 
make recommendations on whether and why such an entity is 
needed. If the Office determines that such a response entity is 
necessary, the report should include recommendations on which 
agency the entity should be established under, or whether the 
entity should be independent; what the mission and authorities 
of this entity should be; what the operating budget of this 
entity should be; how many personnel should participate in this 
entity and what functions they should perform; what expertise 
these personnel should have; and the circumstances in which 
this entity should be deployed. The Office shall submit, for 
the consideration the relevant authorizing Committees, any 
legislation that may be necessary to implement the proposed 
recommendations.

                             GLOBAL ISSUES

    International Child Abductions.--The Committee in 2004 
directed the Department to require children over the age of 1 
year old be present for the adjudication of a United States 
passport. The Committee believed that this small change in 
policy would help prevent many cases of international child 
abductions. The Committee understands that this change in 
policy went into effect in February, 2004, and is already 
proving successful. An individual was recently arrested in the 
Chicago area for attempting to obtain passports for his 
legitimate U.S.-citizen children using the photos of non-
citizen children whom he intended to smuggle into the United 
States from Latin America. The new policy prevented this 
individual from succeeding in his scheme. The Committee notes 
with disappointment that the Department of State, in a letter 
dated October 16, 2003, objected to the Committee's directive 
to the Department requiring it to close this loophole.
    The Committee directs the Department to continue to 
identify ways it can prevent international child abductions 
from taking place and in particular commends the work of U.S. 
Embassy Belize for its excellent work in this important area. 
U.S. Embassy Belize has solved 3 abduction cases in the past 18 
months.
    Marine Environmental Issues.--The Galapagos Islands 
National Park and Marine Reserve is one of the world's great 
natural resources and an area of unequaled biodiversity. The 
Galapagos marine environment, however, is under threat from 
overfishing and illegal shark fining and long lining. The 
Committee recognizes and appreciates the efforts of the U.S. 
Ambassador in Quito to call this issue to the attention of the 
Government of Ecuador as well as the USAID mission's support 
for conservation efforts. More can and should be done by the 
Department of State at headquarters through bilateral, regional 
and international forums to preserve this unique international 
treasure.

                        CAPITAL INVESTMENT FUND

Appropriations, 2004....................................     $79,158,000
Budget estimate, 2005...................................     155,100,000
Committee recommendation................................      52,149,000

    The Committee recommends an appropriation of $52,149,000. 
The recommendation is $27,009,000 below the fiscal year 2004 
funding level and $102,951,000 below the budget request. The 
reduction in the fiscal year 2005 appropriation is explained by 
the creation of a new appropriations account that shall be 
exclusively for maintaining the Department's worldwide IT 
infrastructure. The total combined appropriations for the CIF 
and the new account is equal to the budget request.
    The Capital Investment Fund [CIF], plus amounts available 
from expedited passport fees, comprise the Information Resource 
Management [IRM] Central Fund. The IRM Central fund allows the 
Department to develop effective, secure, and integrated 
Information Technology [IT] and communications systems in 
support of the Department's mission. The CIF is reserved for 
new IT investments.
    The Committee recommendations, by program area, are 
displayed in the following table:

                            IRM CENTRAL FUND
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
State Messaging and Archive Retrieval Toolset [SMART].            32,500
Bandwidth.............................................            40,000
Infrastructure Initiatives:
    Secure Voice Program..............................               600
    Public Key Infrastructure.........................             7,563
    Other IT Infrastructure (anti-virus and other                 10,320
     technical security measures, remote dial-in
     equipment, telephone system upgrades, and
     communications collaboration tools)..............
    Wide Area Network [WAN]/Thin Client Prototype.....             4,200
Foreign Affairs Information Access:
    Joint Financial Integration State/USAID...........             8,200
    Integrated Logistics Management System [ILMS].....            18,040
    Global Financial Management System [GFMS].........             4,466
    Integrated Personnel Management System [IPMS].....            11,759
    Other Applications................................            21,788
Investment Planning/Architecture and Training.........             6,713
                                                       -----------------
      Total, IRM Central Fund.........................           166,149
------------------------------------------------------------------------

    Of the funds made available for the IRM Central Fund in 
fiscal year 2005, $52,149,000 is from direct appropriations and 
$114,000,000 is from expedited passport fees. If fee 
collections for fiscal year 2005 do not meet projected totals, 
the Committee directs the Department to transfer the balance of 
funds from the Diplomatic and Consular Programs account to 
ensure that all of the Department's IT needs are met, subject 
to the requirements of Section 605 of this Act.
    Providing the Department with state of the art 
communications, data management, and knowledge management 
systems has been one of the Committee's top priorities. As a 
result, the Department's global IT assets are in the best shape 
they have ever been in. More than 43,000 desktops have been 
connected to the Internet through OpenNet Plus and 224 posts 
have been connected through the Classified Connectivity Program 
system. Work on these two global networks began in 2001 and 
2002, respectively, and ended in 2003, on-time and on-budget. 
In fiscal year 2004, confusion over the purpose of the funds 
appropriated in the CIF led to the reduction of funding levels 
for worldwide IT infrastructure. The recommendation therefore 
splits IT funding into two accounts. The CIF shall continue to 
provide funding only for new investments in IT and the new 
account shall provide funding for the maintenance of the 
Department's IT infrastructure, including hardware and software 
refresh and upgrades. This new account, called the 
``Centralized Information Technology Modernization Program'' is 
funded through direct appropriations in a separate heading 
under this title.
    No funding is recommended for the cost of payroll 
consolidation until the Department has complied with the 
Committee's directive on this matter, articulated in the 
statements accompanying the prior two State Department 
Appropriations Acts as well as the statement accompanying this 
Act.
    Public Diplomacy Support.--The Committee directs the Bureau 
of Information Resource Management [IRM] to lend its support to 
the Undersecretary of Public Diplomacy and Public Affairs in 
developing the information and communication technologies that 
are necessary for the Department to conduct a global, state of 
the art public diplomacy program. The IRM Bureau should assist 
the Undersecretary of Public Diplomacy and Public Affairs in 
the development of a forward-looking action plan to enhance 
capabilities such as digital audio and video, overhaul the 
management of existing public diplomacy knowledge, and develop 
ever more efficient ways of accessing this knowledge from 
public diplomacy desktops.
    Centralization.--The Committee supports the Department's 
efforts to centralize the management and funding of its IT 
activities. Centralization ensures that IT solutions are 
aligned with the Department's mission and business priorities 
and requirements. The Committee continues to support the 
Capital Planning and Investment Control Process, the purpose of 
which is to determine how the Department can best utilize 
available resources to achieve its IT goals.
    Messaging.--Within the amounts made available for the 
Capital Investment Fund, $32,500,000 is for the State Messaging 
and Archive Retrieval Toolset [SMART]. SMART will provide 
Department personnel sophisticated, integrated desktop tools 
like modern messaging (including cabling), archiving, and 
information-sharing. It will replace the Department's World 
War-II vintage cabling system and integrate both the OpenNet e-
mail system and the Classified Connectivity Program system. The 
Committee expects SMART to be fully operational by the end of 
fiscal year 2006.
    Centralized Management of Information.--In a time of 
increased threat to our overseas posts, the ability to store 
and manage information (particularly classified information) 
domestically can greatly enhance the security of that 
information. For the past 2 fiscal years, the Committee 
provided funding for a pilot program for a technology that will 
allow the Department to minimize the amount of electronic 
classified information stored at post and permit computer 
terminals to be ``sanitized'' of such information when not in 
use. The recommendation for fiscal year 2005 includes at least 
$4,200,000 for the Department to further develop the virtual 
Wide Area Network [WAN] (also referred to as the ``Thin 
Client'') architecture and prototype. It goes without saying 
that any technologies deployed by the Department must meet all 
of the security requirements set forth by DS and by other 
relevant agencies.

        CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM

Appropriations, 2004....................................................
Budget Estimate, 2005...................................................
Committee recommendation................................    $102,951,000

    The Committee recommends an appropriation of $102,951,000. 
The recommendation is $102,951,000 above the fiscal year 2004 
funding level and $102,951,000 above the budget request.
    The purpose of the Centralized Information Technology 
Modernization Program [CIMP] is to provide a discrete funding 
source for life cycle hardware and software refresh and 
upgrades. This account shall henceforward house the 
Department's Global Information Technology Modernization [GIT-
M] program.
    Within the amounts made available under this heading, 
$77,671,000 is for global IT modernization and $25,280,000 is 
for centrally managed infrastructure.
    In times of budget shortfalls, agencies often look first to 
their information technology [IT] budgets for savings. The 
result, seen again and again by the Committee, has been that 
new investments quickly degraded, leading to a costly and 
inefficient ``collapse-crisis-rebuild'' cycle for computer and 
communications networks. The Committee has provided 
$681,835,000 during the past 5 years for the development, 
testing, deployment, operation and maintenance, security, and 
refreshment of the State Department's IT systems. It is 
critical that the Department's IT infrastructure be kept 
current and fully available to support the Department's needs 
and that it not be allowed to fall back into disrepair.
    In the past, the regional bureaus and embassy management 
teams have been responsible for refreshing and upgrading their 
own hardware and software. This was one of the main reasons why 
the Department's IT infrastructure deteriorated so badly, as 
regional bureaus and embassies intrinsically place a higher 
priority on programs than on infrastructure. The Committee is 
aware that, due to the decentralized budgeting of IT 
infrastructure maintenance costs in the past, considerable 
funding is built into the fiscal year 2005 Diplomatic and 
Consular Programs request for this same purpose (primarily in 
the function 3100 ``Personal Property'' category). The 
Committee directs the Department to submit a full accounting of 
all IT infrastructure maintenance funding available under 
Diplomatic and Consular Programs (including funding for 
equipment) and to reprogram these funds to priority missions, 
such as Public Diplomacy or the reestablishment of a U.S. 
diplomatic presence in Iraq. The Department is directed to 
submit this report in conjunction with the baseline Diplomatic 
and Consular Programs spending plan for fiscal year 2005.

                      OFFICE OF INSPECTOR GENERAL

Appropriations, 2004....................................     $31,370,000
Budget estimate, 2005...................................      30,435,000
Committee recommendation................................      31,435,000

    The Committee recommends an appropriation of $31,435,000. 
The recommendation is $65,000 above the fiscal year 2004 
funding level and $1,000,000 above the budget request. This 
additional funding is provided for the cost of conducting 
normal audits and investigations of U.S. diplomatic activities 
in Iraq not relating to the Iraq Reconstruction Management 
Office [IRMA] and the Project and Contracting Office [PCO], 
which shall be under the oversight of the successor 
organization to the Coalition Provisional Authority's Office of 
Inspector General.
    The recommendation includes language limiting the sources 
of funding for this office and limiting the number of full time 
equivalents this office may employ.

               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

Appropriations, 2004....................................    $316,633,000
Budget estimate, 2005...................................     345,346,000
Committee recommendation................................     360,750,000

    The Committee recommends an appropriation of $360,750,000. 
The recommendation is $44,117,000 above the fiscal year 2004 
funding level and $15,404,000 above the budget request.
    This account allows the Department of State to support the 
travel of approximately 8,000 Americans abroad and 17,000 
foreign visitors to the United States each year for the 
purposes of studying, teaching, conducting research, and 
professional development. The exchange of persons promotes 
friendly, sympathetic, and peaceful relations between the 
United States and other countries by fostering mutual 
understanding and countering anti-American sentiment. 
Educational and cultural exchanges are a core component of the 
State Department's public diplomacy program.
    The Committee recommendations are displayed, by program, in 
the following table:

                   EDUCATIONAL AND CULTURAL EXCHANGES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Committee
                                                         recommendation
------------------------------------------------------------------------
Academic Exchanges:
    Fulbright Program................................           155,000
    Global Academic Exchanges........................            10,300
        Educational Advising and Student Services....            [3,500]
        English Language Programs....................            [6,800]
    Special Academic Exchanges.......................            32,650
        Regional Graduate Fellowships and Junior                [25,000]
         Faculty Development.........................
        American Overseas Research Centers...........            [3,500]
        South Pacific Exchanges......................              [500]
        East Timor Exchanges.........................              [500]
        Disability Exchange Clearinghouse............              [500]
        George Mitchell Scholarships Program.........              [500]
        Dante B. Fascell North-South Center..........            [1,000]
        United States-Poland-Israel Exchange.........              [500]
        Abraham Lincoln Study Abroad Fellowship                    [500]
         Program.....................................
        Montana Tech Foreign Exchange Program........              [150]
                                                      ------------------
          Subtotal, Academic Exchanges...............           197,950
                                                      ==================
Professional and Cultural Exchanges:
    International Visitor Program....................            66,714
        LEADers in Education.........................            [2,000]
    Citizen Exchange Program.........................            45,536
        Partnerships for Learning/Youth Exchange and            [10,000]
         Study [YES] Program.........................
    Special Professional and Cultural Exchanges......            11,550
        Mike Mansfield Fellowship Program............            [1,800]
        Irish Institute..............................            [1,000]
        Atlantic Corridor............................              [250]
        Youth Science Leadership Institute of the                  [100]
         Americas....................................
        Africa Workforce Development.................              [400]
        Ngwang Choephel Fellows (Tibet)..............              [500]
        Institute for Representative Government......              [500]
        Plymouth State College U.S.-Pakistan Educator              [250]
         Development Program.........................
        Rule of Law Forum at Southern Methodist                    [900]
         University..................................
        Special Olympics.............................            [1,500]
        Northern Forum...............................              [500]
        Seed Programs................................              [600]
        Arctic Winter Games..........................              [350]
        World Congress on Information Technology.....              [400]
        Global Perspectives Project and International            [1,500]
         Public Television Conference................
        Council of Women World Leaders...............              [500]
        Interparliamentary Conference on Human Rights              [500]
         and Religious Freedom.......................
                                                      ------------------
          Subtotal, Professional and Cultural                   123,800
           Exchanges.................................
                                                      ==================
Exchanges Support....................................            39,000
                                                      ==================
      Total, Educational and Cultural Exchanges......           360,750
------------------------------------------------------------------------

    Some of the Committee recommendations displayed in the 
table above are described in more detail in the following 
paragraphs.
    Exchange Visitor Program.--Within 60 days of enactment of 
this Act, the Department of State shall issue a report 
containing information about the number of participants in the 
Exchange Visitor Program. This report shall include specific 
information about the number of visitors from each country per 
program and per identified sponsor. The Committee further 
expects the Department to develop, in consultation with the 
sponsor community, a comprehensive 3-year plan that lays out 
the program's priorities and country-by-country plans for 
growth and development. This plan should include the 
Department's strategy for pursuing additional opportunities 
with underserved countries, whether through bilateral 
agreements with new countries or otherwise. This plan should 
also include new programming initiatives designed to reach 
greater numbers of students.
    Program Regulations.--The Committee expects the Department 
of State to update the regulations for the Exchange Visitor 
Program. Program regulations should provide clear guidance for 
sponsors about their precise obligations.
    Fulbright Program.--The Committee recommends an 
appropriation of $155,000,000 for the Fulbright Program. The 
recommendation is $5,000,000 above the budget request.
    The Committee commends the Department for its swift re-
establishment of the Fulbright Foreign Student Program with 
Iraq. The program was reestablished in October 2003, following 
a 14-year suspension. The Committee understands that planning 
for the next national recruitment and competition for Fulbright 
Iraq is complete and that nomination and selection will be 
complete by the fall of 2004.
    The Committee further commends the Department for its re-
establishment last year of the Fulbright Program with 
Afghanistan, after a 24-year suspension. The Afghan Fulbright 
Program successfully recruited 18 grantees to participate in 
the 1 year non-degree program, of which 6 were women. The 
Committee understands that the number of women applying for the 
program was not especially high, and notes that one obstacle to 
women's participation in the program relates to family concerns 
about travel without escorts. The Department should continue 
its efforts to recruit as many women as possible, particularly 
women who were deprived of opportunities to study under the 
Taliban era. The Department should work with applicants, their 
families, and Afghani university officials to develop ways to 
address family concerns about travel without escorts.
    Seed Programs.--The Committee continues a program begun in 
fiscal year 2000 to provide one-time funding to international 
exchange start-ups. The recommendation includes $100,000 for 
each of the following programs: the Middle East Information 
Portal; the International Writing Program; the Afghanistan 
Young Leaders Program at the University of Nebraska-Omaha; the 
Flushing Council on Culture and the Arts' Partnership Between 
Queens and Taipei; and the Auschwitz Jewish Center's Student 
Scholarship Program. Any remaining funds under the ``Seed 
Programs'' category may be designated by the Department of 
State for promising international exchange start-ups.
    Partnerships for Learning.--The Committee supports the 
Partnerships for Learning [P4L] program, which is an 
overarching theme for exchanges in which resources are shifted 
from lower priority regions to higher priority ones. Presently, 
the focus of the P4L program is engagement with the Arab/Muslim 
world. The Committee understands that, within the funding made 
available for Educational and Cultural Exchanges, the 
Department intends to designate $64,216,000 for the P4L 
program.
    Working Exchanges.--The Committee directs the Department of 
State to work with the Governments of Australia, Canada, and 
New Zealand to establish bilateral exchange programs that will 
allow young people from these countries to visit the United 
States for a period of up to 1 year for purposes of work and 
travel and vice versa. The United States has long enjoyed close 
and valuable exchange relationships with Australia, Canada, and 
New Zealand. The bilateral relationships between the United 
States and these countries would be further strengthened by 
expanding opportunities for young people to visit each other's 
countries for an extended period. The Committee directs the 
Department to work within current regulatory frameworks 
governing exchange visitor programs, and specifically the 
summer work travel program, administered by the Bureau of 
Educational and Cultural Affairs. The Committee recognizes the 
work of the Ministry of Foreign Affairs of the Government of 
New Zealand in raising the visibility of this promising 
program, called ``Working Holiday Schemes,'' within the United 
States Government.

                       REPRESENTATION ALLOWANCES

Appropriations, 2004....................................      $8,905,000
Budget estimate, 2005...................................       8,640,000
Committee recommendation................................       8,640,000

    The Committee recommends an appropriation of $8,640,000. 
The recommendation is $265,000 below the fiscal year 2004 
funding level and identical to the budget request.
    Representation allowances provide reimbursement to Foreign 
Service officers for expenditures incurred in their official 
capacities abroad in establishing and maintaining relations 
with officials of foreign governments and appropriate members 
of local communities.

              PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

Appropriations, 2004....................................      $9,894,000
Budget estimate, 2005...................................       9,600,000
Committee recommendation................................       5,000,000

    The Committee recommends an appropriation of $5,000,000. 
The recommendation is $4,894,000 below the fiscal year 2004 
funding level and $4,600,000 below the budget request. The 
recommendation assumes $441,000 in carryover, bringing the 
total amount available for this account to $5,441,000. The 
Committee provided $65,500,000 for this account, via transfer 
from the Emergencies in the Diplomatic and Consular Service 
account, in Public Law 108-106, the Emergency Supplemental 
Appropriations Act for fiscal year 2004.
    This account reimburses local governments and communities 
for the extraordinary costs incurred in providing protection 
for international organizations, foreign missions and 
officials, and foreign dignitaries under certain circumstances.
    The Committee directs that local jurisdictions incurring 
such costs submit a certified billing for such costs in 
accordance with program regulations. The Committee also 
recommends that in those instances where a local jurisdiction 
will realize a financial benefit from a visit from a foreign 
dignitary that such circumstances should be taken into account 
by the Department in assessing the need for reimbursement under 
this program. The Committee expects the Department to treat 
such submissions diligently and provide reimbursement to local 
jurisdictions on a timely basis if claims are fully justified.

            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

Appropriations, 2004....................................  $1,376,758,000
Supplemental appropriations, 2004.......................      43,900,000
Budget estimate, 2005...................................   1,539,000,000
Committee recommendation................................   1,376,758,000

    The Committee recommends an appropriation of 
$1,376,758,000. The recommendation is identical to the fiscal 
year 2004 funding level and $162,242,000 below the budget 
request. The Committee is aware that $100,049,000 in prior year 
balances, recoveries, and reimbursements will be available in 
fiscal year 2005, bringing the total amount available for this 
account to $1,476,807,000.
    This account allows the Department of State to manage the 
United States Government's real property assets overseas in 
order to provide United States diplomatic and consular missions 
with secure, safe, and functional facilities. These facilities 
house all United States Government employees overseas, not just 
State Department personnel. The Department manages over 15,000 
residential, office, and functional properties at 260 
diplomatic posts, which are worth an estimated $12,500,000,000.
    The Committee recommendations, by project or program, are 
displayed in the following table:

             EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Committee
                                                         recommendation
------------------------------------------------------------------------
Worldwide Security Upgrades:
    Security Capital Projects........................           763,702
        Beirut, Lebanon..............................          [111,700]
        Belgrade, Serbia and Montenegro..............          [102,000]
        Bogota, Colombia, Annex......................           [28,000]
        Karachi, Pakistan (design, site acquisition,            [38,702]
         and preparation)............................
        Khartoum, Sudan..............................           [58,000]
        Moscow, Russia, Annex........................           [80,100]
        Mumbai, India................................           [84,900]
        Quito, Ecuador...............................           [90,000]
        Skopje, Macedonia............................           [60,000]
        Suva, Fiji...................................           [35,000]
        Bamako, Mali/Kathmandu, Nepal/Kingston,                 [75,300]
         Jamaica/and Yerevan, Armenia Annexes........
    Other Site Acquisitions and Planning.............            52,000
    Compound Security................................           100,000
    Security of U.S.-Affiliated Facilities...........            27,000
    Consular Workspace Improvement Initiative........             8,000
                                                      ------------------
      Subtotal, Worldwide Security Upgrades..........           950,702
      Less Reimbursement from Capital Security Cost            (83,672)
       Sharing.......................................
                                                      ------------------
      Revised Subtotal, Worldwide Security Upgrades..           867,030
                                                      ==================
Non-Security Capital:
    Non-Security Capital.............................             8,398
                                                      ------------------
      Subtotal, Non-Security Capital.................             8,398
                                                      ==================
Operations:
    Planning and Development.........................             9,000
    Real Estate and Property Management..............             6,150
    Project Execution................................            87,500
        Construction and Commissioning...............           [27,000]
        Design and Engineering.......................           [22,500]
        Security Management..........................           [26,000]
        Interiors and Furnishings....................           [12,000]
    Operations and Maintenance.......................           342,880
        Leaseholds...................................          [100,000]
        Buyout of Uneconomic Leases/Opportunity                 [35,000]
         Purchases...................................
        Maintenance and Repair of Buildings..........           [68,500]
        Art in Embassies Program.....................            [1,500]
        Facilities Rehabilitation and Support System            [57,380]
         Replacement.................................
        Facility Management..........................           [60,000]
        Fire Protection..............................            [8,700]
        Safety, Health, and Environmental Management.            [3,700]
        Post Communications..........................            [8,100]
    Information Management and Support...............            26,000
    Main State/Domestic Renovations..................            23,000
                                                      ------------------
      Subtotal, Operations...........................           494,530
                                                      ==================
Headquarters:
    Salaries, Training, and Other Support Costs......             6,800
                                                      ------------------
      Subtotal, Headquarters.........................             6,800
                                                      ==================
      Total, Embassy Security Construction and                1,376,758
       Maintenance...................................
------------------------------------------------------------------------

    Some of the Committee recommendations displayed in the 
table above are described in more detail in the following 
paragraphs.
    Baghdad, Iraq.--The Committee is acutely aware of the 
significant capital needs facing the Department in Iraq. In 
addition to the size and cost of this project, the construction 
of U.S. Embassy Baghdad and its constituent posts will pose 
security challenges of a magnitude never before faced by the 
Department of State.
    The Committee is concerned that the Department lacks a plan 
for justifying and securing the necessary funds for this 
construction project, which will be the largest embassy 
construction project ever undertaken by the Department. The 
Committee eagerly anticipates receiving the Department's plan 
for financing this project. The Committee will review this plan 
carefully, paying particular attention to the number of 
personnel the Department intends U.S. Embassy Baghdad to house 
and the justification for these personnel being stationed in 
Iraq. The Embassy building should be built to house the number 
of personnel that will be needed in Baghdad in 10 years, not 
the number of personnel needed there at present.
    The Committee directs that all existing prior year 
unobligated balances, including any fiscal year 2005 funds that 
may become available, be dedicated to the construction of U.S. 
Embassy Baghdad and its constituent posts.
    Capital Security Cost Sharing.--The recommendation includes 
language necessary for the Department of State to implement the 
capital security cost-sharing program, the goal of which is to 
provide all U.S. Government employees posted overseas secure, 
modern workspace in as short a period of time as possible.
    Beirut, Lebanon.--Since it was bombed over 20 years ago, 
United States Embassy Beirut has had to operate under extremely 
difficult conditions. The buildings on the compound are unsafe, 
rusting, and badly deteriorated. The embassy is overcrowded, 
with people even working in a windowless basement next to old 
mechanical equipment. Embassy operations are also scattered 
among several trailers, themselves badly deteriorated, that 
were set up on the compound 17 years ago. Since Lebanon's civil 
war ended in 1976, an improved security environment has led to 
a dramatic expansion of embassy operations and staffing to meet 
U.S. policy objectives. Conditions conducive to full operations 
will likely prevail over the next decade and beyond. The 
Committee recognizes an urgent need to replace the current ad 
hoc embassy buildings with a modern chancery building. The 
Committee commends the Department for requesting funding in 
fiscal year 2005 for this important project and approves the 
Department's proposal to relocate the embassy to a site that 
meets security requirements. Within the amount made available 
for the security capital program, $111,700,000 is for Beirut.
    Karachi, Pakistan.--The building presently occupied by the 
United States Consulate General in Karachi, Pakistan, was built 
in 1960. Employees of the Consulate General have come under 
attack on five separate occasions during the last decade. On 
two such occasions, the Consulate building itself was attacked. 
The most recent attack occurred in May 2004, when two car bombs 
exploded near a residence. The Committee deems the Consulate to 
be in urgent need of reconstruction.
    The Committee is aware that this project has been held up 
due to difficulties in acquiring a suitable site. The Committee 
urges the Department to take action to overcome such obstacles 
and to move forward expeditiously with this project. Should 
prior year or fiscal year 2005 funding become available during 
the course of the year, the Committee directs the Department to 
give priority to Karachi.
    Building Size.--The Committee has recommended, and provided 
sufficient funding for, a medium-sized embassy building in 
Khartoum, Sudan, a small-sized embassy building in Skopje, 
Macedonia, and a super-small-sized embassy building in Suva, 
Fiji. The Committee approves the building sizes, as proposed, 
for the 13 other security capital projects for which funding is 
recommended in the preceding table.
    Brussels, Belgium.--The Committee urges the Bureau of 
Overseas Buildings Operations to dedicate the necessary funds 
for an office space consolidation project at U.S. Embassy 
Brussels, Belgium.
    Rome, Italy.--The Committee directs that the United States 
Mission to the United Nations Agencies for Food and Agriculture 
move from its current leased facilities in Rome to the newly 
purchased and renovated ``INA Building''. The Committee 
understands that the Department's acquisition of the INA 
building provides an additional 66,000 square feet of space to 
U.S. Embassy Italy. This is more space than the Embassy can 
currently use. Because U.S. Embassy Italy now finds itself in 
the enviable position of having more space than necessary, it 
only makes sense for the the U.S. Mission to the U.N. Agencies 
for Food and Agriculture to collocate on the Embassy compound, 
and specifically in the new INA Building.
    Soft Targets.--Recent attacks against American housing 
compounds overseas and places of worship frequented by 
Americans demonstrate that an inverse relationship exists 
between the security of our embassies and the security of non-
official facilities: as our embassies become more heavily 
fortified, non-official U.S.-affiliated facilities overseas 
become more attractive targets to terrorists. In response to 
the clear need to enhance the Department's ability to protect 
these so-called ``soft targets'', the Committee in fiscal year 
2002 provided $15,000,000 for this purpose. The recommendation 
for this initiative for fiscal year 2005 is not less than 
$27,000,000. The Committee commends the Department for 
recognizing and requesting funding for this critical need. 
While the Department, specifically the Bureau of Overseas 
Buildings Operations, has been extremely responsive to the 
Committee's directives concerning the security of housing and 
American schools, the Deparment has yet to submit an 
overarching strategy for addressing the problem of soft 
targets. The Committee directs the Bureau of Diplomatic 
Security to take the lead on developing a comprehensive, 
sustained strategy for addressing this problem. The strategy 
shall be submitted to the Committee for approval no later than 
June 1, 2005.
    The Committee continues to be extremely concerned about the 
safety of American schools and international schools attended 
by American children overseas. Accordingly, within the funding 
provided to address the security vulnerabilities of soft 
targets, not less than $10,000,000 is for security enhancements 
at overseas schools. These funds shall be made available, on 
the basis of need, to overseas schools that do not receive 
financial assistance from the Department of State, as well as 
those that do receive such financial assistance. The Committee 
understands that the Department is in the process of surveying 
the security needs of non-grantee schools. The Department is 
directed to report to the Committee on the results of this 
survey. It is the goal of the Committee that all international 
schools attended by American children shall have certain 
``baseline'' security measures in place as soon as practicable.
    Istanbul, Turkey.--The recommendation includes $8,000,000, 
within the funding provided for facilities rehabilitation, for 
the renovation of and seismic upgrades to the historic Palazzo 
Corpi building in Istanbul, Turkey, The Committee intends for 
the building to be used to further United States public 
diplomacy goals.
    Consular Workspace Improvement Initiative.--The 
Department's consular mission is critical to U.S. national 
security. The quality of consular workspace and the efficiency 
and accuracy of consular work are directly linked. Consular 
workspace must be adequately sized and outfitted in order to 
ensure that the processing of visas and visa applicants takes 
place in an organized and efficient manner. There is a 
continuing need for additional consular windows and interview 
space, enlarged reception and waiting areas, office space, and 
document storage space, particularly in light of the numerous 
additional requirements imposed on Consular Affairs in the wake 
of September 11, 2001. To provide for these critical 
enhancements, and to improve the overall working environment 
for Consular Affairs Officers, the Committee in fiscal year 
2003 created the Consular Workspace Improvement Initiative. The 
Committee recommends $8,000,000 for this initiative in fiscal 
year 2005, within funding made available for Worldwide Security 
Upgrades. The Department should once again identify posts for 
consular workspace rehabilitation where errors in visa issuance 
present the greatest threat to our national security, as 
determined by the Bureau of Overseas Buildings Operations [OBO] 
in consultation with the Bureau of Consular Affairs.
    Asset Management Funds.--The asset management account was 
established to segregate the proceeds of sale of real property 
from direct appropriations and reimbursements to the Embassy 
Security, Construction, and Maintenance account. Asset 
management funds are used exclusively for the purchase of 
properties or the construction of facilities overseas. The 
Committee directs the Department to provide the same level of 
detail in its budget request for projects requested under the 
assets management account as those under the capital projects 
account. As in past years, no new funding is recommended for 
this account.
    Buyout of Uneconomic Leases.--High lease costs deplete 
Department resources. By selectively acquiring properties in 
cities with volatile rental markets, the Department can 
generate significant out-year savings. The Committee 
recommendation therefore provides $35,000,000 for opportunity 
purchases and directs OBO to aggressively pursue opportunities 
to purchase properties rather than lease, whenever practicable.
    Reprogrammings.--The Department is directed, under the 
terms and conditions that follow, to submit for the Committee's 
review and approval within 60 days of enactment of this Act 
only those projects or subaccounts funded under this account, 
whether from direct appropriations or proceeds of sales, that 
deviate from the above chart and accompanying direction. Any 
deviation shall include project-level detail and shall be 
treated as a reprogramming under section 605 of this Act in the 
case of any addition greater than $1,000,000, a deletion, a 
project cost overrun exceeding 25 percent, or a project 
schedule delay exceeding 6 months. Reprogramming requirements 
also extend to the ``rebaselining'' of a given project's cost 
estimate, schedule, or scope of work. By focusing the financial 
plan only on deviations, the Committee expects the Bureau of 
Overseas Buildings Operations to move projects toward contract 
obligation promptly after funds are appropriated. Immediate 
access to funds for projects or activities that are unchanged 
from the above chart will allow the Department to negotiate 
contracts and obligate funds more efficiently over the course 
of the fiscal year.

           EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

Appropriations, 2004....................................        $989,000
Supplemental appropriations, 2004.......................     115,500,000
Budget estimate, 2005...................................       7,000,000
Committee recommendation................................           1,000

    The Committee recommends an appropriation of $1,000. The 
recommendation is $988,000 below the fiscal year 2004 funding 
level and $6,999,000 below the budget request. A total of 
$50,000,000 was appropriated for this account in the fiscal 
year 2003 emergency supplemental (Public Law 108-11) and 
$115,000,000 was appropriated for this account in the fiscal 
year 2004 emergency supplemental (Public Law 108-106). The 
Committee notes that at least $25,000,000 in prior year 
unobligated balances will be available for this account in 
fiscal year 2005 due to the capture of Saddam Hussein by the 
U.S. Military and not as the result of information provided to 
the United States by any source that would require a payment 
under the rewards program.
    This account provides resources for the Department of State 
to meet emergency requirements while conducting foreign 
affairs. The Committee recommendation provides funds for: (1) 
travel and subsistence expenses for relocation of Americans, 
U.S. Government employees, and their families from troubled 
areas to the United States and/or safe-haven posts; (2) 
allowances granted to State Department employees and their 
dependents evacuated to the United States for the convenience 
of the Government; (3) payment of rewards for information 
concerning terrorists and war criminals; and (4) representation 
expenses for senior Administration officials.
    The recommendation includes language providing that funds 
that were previously appropriated for a reward for an indicted 
war criminal shall be transferred to the U.S.-backed court 
responsible for trying this individual.

                   REPATRIATION LOANS PROGRAM ACCOUNT

Appropriations, 2004....................................      $1,205,000
Budget estimate, 2005...................................       1,219,000
Committee recommendation................................       1,219,000

    The Committee recommends an appropriation of $1,219,000. 
The recommendation is $14,000 above the fiscal year 2004 
funding level and identical to the budget request.
    This account provides emergency loans to assist destitute 
Americans abroad who have no other source of funds to return to 
the United States. In the past, less than 20 percent of 
repatriation loans have ever been repaid. The Committee 
strongly endorses efforts by the Bureau of Consular Affairs to 
limit assistance only to victims of unforeseen circumstances or 
travelers whose mental instability presents a risk to 
themselves or others.

              PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

Appropriations, 2004....................................     $18,585,000
Budget estimate, 2005...................................      19,482,000
Committee recommendation................................      19,482,000

    The Committee recommends an appropriation of $19,482,000. 
The recommendation is $897,000 above the fiscal year 2004 
funding level and identical to the budget request.
    The Taiwan Relations Act requires that programs concerning 
Taiwan be carried out by the American Institute in Taiwan 
[AIT]. The Institute administers programs in the areas of 
economic and commercial services, cultural affairs, travel 
services, and logistics. The Department of State contracts with 
the AIT to carry out these activities.

     PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

Appropriations, 2004....................................    $134,979,000
Budget estimate, 2005...................................     132,600,000
Committee recommendation................................     132,600,000

    The Committee recommends an appropriation of $132,600,000. 
The recommendation is $2,379,000 above the fiscal year 2004 
funding level and identical to the budget request.
    This appropriation is authorized by the Foreign Service Act 
of 1980 which provides for an appropriation to the fund in 30 
equal annual installments of the amount required for the 
unfunded liability created by new benefits, new groups of 
beneficiaries, or increased salaries on which benefits are 
computed.

              International Organizations and Conferences

              CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

Appropriations, 2004....................................    $999,830,000
Budget estimate, 2005...................................   1,914,210,000
Committee recommendation................................   1,020,830,000

    The Committee recommends an appropriation of 
$1,020,830,000. The recommendation is $21,000,000 above the 
fiscal year 2004 funding level and $173,380,000 below the 
budget request.
    This account funds payment of the obligations of United 
States membership in international organizations as authorized 
by treaties or specific acts of Congress.
    Within the amounts provided under this heading, $70,000,000 
is for the International Atomic Energy Agency [IAEA], 
$12,700,000 is for the International Civil Aviation 
Organization [ICAO], $1,350,000 is for the International 
Maritime Organization [IMO], $1,100,000 is for the World 
Intellectual Property Organization [WIPO], $60,000,000 is for 
the Organisation for Economic Cooperation and Development 
[OECD], $1,700,000 is for the International Agency for Research 
on Cancer [IARC], $500,000 is for the International Coffee 
Organization [ICO], $73,000 is for the International Copper 
Study Group [ICSG], and $132,000 is for the International 
Rubber Study Group [IRSG].
    The recommendation also includes $6,000,000 for the subsidy 
cost of a $1,200,000,000 loan to the United Nations [U.N.] to 
finance the renovation of its headquarters complex. None of 
these funds may be obligated until the Department of State's 
Bureau of Overseas Buildings Operations [OBO] has provided 
written assurance to the Committee that the design for the U.N. 
headquarters renovations (including the new building the United 
Nations intends to use for swing space, and will eventually 
own) meet all of the State Department's own security 
requirements, including those codified in section 606 of Public 
Law 106-113. Should the United Nations decide not to accept the 
United States' offer of this low interest loan, the Committee 
directs that these funds be transferred to the United Nations 
Education Scientific and Cultural Organization [UNESCO] for 
educational, scientific, and cultural projects in the Middle 
East.
    None of the funds provided under this heading may be 
obligated until the Department has submitted, and the Committee 
has approved, a reprogramming in accordance with section 605 of 
this Act.
    Oil-For-Food Program.--The Department of State shall urge 
the United Nations to make available to Congressional 
Committees investigating the Oil-for-Food Program all relevant 
documents, including Office of Internal Oversight Services 
[OIOS] reports and relevant bank statements. The Department 
shall also use the voice and vote of the United States to 
ensure that the Volcker Inquiry be conducted in as rigorous a 
manner as possible, and to urge that the Volcker Inquiry issue 
preliminary findings no later than 6 months after the Volcker 
panel begins its work and a final report not later than 12 
months after the Volcker panel begins its work. Such 
preliminary findings shall include an inventory of documents 
reviewed, and to be reviewed, and a list of persons and 
entities under investigation.
    Organization for Economic Cooperation and Development.--The 
Committee is aware that the OECD has promoted, and continues to 
promote, the concept of global tax harmonization. Tax 
harmonization refers to countries' efforts to tax their 
citizens' foreign investments in order to discourage investment 
overseas. Tax harmonization would significantly harm the U.S. 
economy and undermine U.S. competitiveness. In addition, tax 
harmonization initiatives over time will erode the United 
States' fiscal sovereignty. The Committee is opposed to such 
schemes, whether undertaken by the OECD or the United Nations 
and does not support the OECD's efforts to blacklist countries 
for espousing low tax systems and competitive investment 
climates.
    The recommendation includes language stipulating that no 
payment shall be made to the OECD unless the Secretary of State 
certifies to the Committee that the OECD is not engaging in 
activities to promote tax harmonization. The Committee is aware 
that the OECD is urging low-tax countries (through so-called 
``commitment letters'') to provide information to foreign tax 
authorities about the investment activity of foreigners in 
their countries. The recommendation also includes language 
barring agencies funded under this Act from participating in or 
cooperating with such efforts, including information exchange 
agreements that are outside of existing law or bilateral tax 
treaties to which the United States is a signatory. Officials 
representing the United States at the OECD, and who serve on 
various OECD committees and panels, are directed to advocate 
positions that are consistent with congressional intent, 
reaffirmed in this Act: the desire to attract capital to the 
United States outweighs the need to collect information on non-
resident alien deposits.

        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

Appropriations, 2004....................................    $450,056,000
Supplemental appropriations, 2004.......................     245,000,000
Budget estimate, 2005...................................     650,000,000
Committee recommendation................................     574,000,000

    The Committee recommends an appropriation of $574,000,000. 
The recommendation is $123,944,000 above the fiscal year 2004 
funding level and $76,000,000 below the budget request. The 
Committee provided $245,000,000 in the fiscal year 2004 
emergency supplemental for the anticipated costs of a United 
Nations [U.N.] peacekeeping mission to Liberia.
    This account provides funds for the United States' share of 
the expenses of U.N. peacekeeping operations. The United States 
currently pays approximately 27 percent of the assessed costs 
of U.N. peacekeeping operations.
    The recommendation includes language adjusting the rate at 
which the United States pays for the cost of United Nations 
peacekeeping missions. This adjustment is necessary to allow 
the United States to fully pay United Nations assessments for 
peacekeeping.
    The United Nations Security Council has approved three new 
peacekeeping missions during the past year: the U.N. Mission in 
Liberia, the U.N. Operation in Ivory Coast, and the U.N. 
Operation in Burundi. The Security Council is expected to 
approve a mission to Sudan imminently. These new missions will 
cost the United States more than $600,000,000 in fiscal year 
2005. This is in addition to the approximately $750,000,000 the 
United States will be billed for existing missions in fiscal 
year 2005, some of which have gone on for decades. One such 
mission, for which U.S. taxpayers have provided a total of 
$65,900,000 in assessed contributions during its incredible 40 
year life span, exists to prevent renewed violence between two 
European countries.
    In light of the explosive growth in the number of 
peacekeeping missions and the skyrocketing costs of providing 
troops and logistical support to those missions, the United 
Nations must identify ways to do more with less funding. The 
Committee is aware that, in some cases, private companies can 
carry out effective peacekeeping missions for a fraction of the 
funding the United Nations requires to carry out the same 
missions. At a minimum, such companies should be utilized to 
supplement the number of blue berets and blue helmets which, in 
these turbulent times, the United Nations is having a difficult 
time recruiting. The United Nations can no longer afford to 
ignore the potential cost-savings that private companies with 
proven records of good service and good behavior offer. The 
Committee has a responsibility to U.S. taxpayers to ensure that 
U.N. peacekeeping missions are being carried out in a 
responsible and cost effective manner.
    Sierra Leone.--The Committee reiterates its support for the 
work of the Special Court for Sierra Leone. The purpose of the 
Special Court for Sierra Leone is to prosecute those who bear 
the greatest responsibility for the appalling violations of 
international and Sierra Leonean law and crimes against 
humanity perpetrated during the conflict in Sierra Leone. The 
court aims not to punish every crime committed during the war, 
but rather to prosecute those people who organized and oversaw 
the atrocities. The war in Sierra Leone featured the mass use 
of rape as a weapon of terror, the abduction and forced 
conscription of thousands of children, and the dismemberment 
and torture of civilians, including children as young as 2 
years old. The Committee praises the Special Court for its 
resolve in indicting and prosecuting the leaders of neighboring 
countries who actively encouraged the conflict in order to 
control the output of Sierra Leone's diamond mines. The foreign 
leaders who fueled the Sierra Leone conflict from afar by 
supplying weapons, supplies, and safe havens are just as 
responsible for the atrocities as those who ordered them 
carried out. The Committee commends the Special Court's 
indictment of one such leader who, more than any other single 
individual, was responsible for inciting and fueling the Sierra 
Leone conflict. The Committee is pleased by the Court's recent 
determination that this person shall not be afforded head of 
State immunity.

                       International Commissions

 INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO

                         SALARIES AND EXPENSES

Appropriations, 2004....................................     $25,726,000
Budget estimate, 2005...................................      30,300,000
Committee recommendation................................      27,689,000

    The Committee recommends an appropriation of $27,689,000. 
The recommendation is $1,963,000 above the fiscal year 2004 
funding level and $2,611,000 below the budget request.
    The Committee directs IBWC to contract out administrative, 
human resources management, procurement, finance and 
accounting, payroll, and property functions so that it can meet 
the increasing demand for IBWC services without having to rely 
on budget increases. The recommendation includes an increase of 
$682,000, the full amount requested for wage and price 
increases, an increase of $200,000 for utility costs, and an 
increase of $250,000 for United States environmental regulatory 
compliance and safety activities. The recommendation also 
includes an increase of $500,000 for the Lower Rio Grande Flood 
Control Environmental Commitments, as requested.
    The Committee recommendations are displayed in the 
following table:

               INTERNATIONAL BOUNDARY AND WATER COMMISSION
                          SALARIES AND EXPENSES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                              Amount
------------------------------------------------------------------------
Administration..........................................           6,050
Engineering.............................................           3,450
Operations and maintenance..............................          18,189
                                                         ---------------
      Total, International Boundary and Water Commission          27,689
------------------------------------------------------------------------

    None of the funds provided under this heading shall be 
obligated until the Department has submitted a reprogramming, 
pursuant to section 605 of this Act, and the Committee has 
acted upon such reprogramming.

                              CONSTRUCTION

Appropriations, 2004....................................      $3,513,000
Budget estimate, 2005...................................       8,545,000
Committee recommendation................................       6,146,000

    The Committee recommends an appropriation of $6,146,000. 
The recommendation is $2,633,000 above the fiscal year 2004 
funding level and $2,399,000 below the budget request.
    Within the amount provided, $1,601,000 is for the Boundary-
Wide Program, $4,050,000 is for the Water Quantity Program, and 
$495 is for compliance with the Surfriders Consent Decree. 
Within the amounts provided for the Water Quantity Program, 
$1,750,000 is for the Rio Grande Canalization Project and 
$1,000,000 is for the Lower Rio Grande Flood Control Project/
Levee Rehabilitation.
    None of the funds provided under this heading may be 
obligated until the Department has submitted, and the Committee 
has approved, a spending plan in accordance with section 605 of 
this Act.

              AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

Appropriations, 2004....................................      $8,849,000
Budget estimate, 2005...................................      10,756,000
Committee recommendation................................      10,546,000

    The Committee recommends an appropriation of $10,546,000. 
The recommendation is $1,697,000 above the fiscal year 2004 
funding level and $210,000 below the budget request.
    This account funds the United States' share of expenses of 
the International Boundary Commission [IBC], the International 
Joint Commission [IJC], and the Border Environment Cooperation 
Commission [BECC].
    Within the amount provided, $800,000 is for the 
International Boundary Commission, $7,698,000 is for the 
International Joint Commission, and $2,048,000 is for the 
Border Environment Cooperation Commission. Within the amount 
provided for the International Joint Commission, $200,000 is 
for the Red River Basin Commission.

                  INTERNATIONAL FISHERIES COMMISSIONS

Appropriations, 2004....................................     $19,097,000
Budget estimate, 2004...................................      20,800,000
Committee recommendation................................      21,982,000

    The Committee recommends an appropriation of $21,982,000. 
The recommendation is $2,885,000 above the fiscal year 2004 
funding level and $1,182,000 above the budget request.
    This account funds the U.S. share of the expenses of 
international fisheries commissions; participation in the 
International Council for the Exploration of the Sea; 
participation in the North Pacific Marine Sciences 
Organization; travel expenses of the U.S. commissioners and 
their advisors; and salaries of non-Government employees of the 
Pacific Salmon Commission for days actually worked as 
commissioners and panel members and alternates.
    Within the amount provided under this heading, $2,100,000 
is for the Inter-American Tropical Tuna Commission, $12,964,000 
is for the Great Lakes Fishery Commission [GLFC], $3,000,000 is 
for the Pacific Salmon Commission, $1,800,000 is for the 
International Pacific Halibut Commission, $213,000 is for the 
International Whaling Commission, $158,000 is for the North 
Pacific Anadramous Fish Commission, $165,000 is for the 
International Commission for the Conservation of Atlantic 
Tunas, $177,000 is for the North Pacific Marine Science 
Organization; $150,000 is for the Inter-American Sea Turtle 
Convention Commission, and $100,000 is for the Expenses of the 
U.S. Commissioners.
    Within the amount provided for the GLFC, $845,000 is for 
the eradication of lampreys in Lake Champlain. The GLFC is 
directed to give priority to States that have provided matching 
grants when distributing lampricide funds.
    None of the funds provided under this heading may be 
obligated until the Department has submitted, and the Committee 
has approved, a spending plan in accordance with section 605 of 
this Act.

                                 Other

               Center for Middle Eastern-Western Dialogue

Appropriations, 2004....................................      $6,926,000
Budget estimate, 2005...................................................
Committee recommendation................................       7,000,000

    The Committee recommends an appropriation of $7,000,000. 
The recommendation is $74,000 above the fiscal year 2004 
funding level and $7,000,000 above the budget request. Funds 
provided to the Center for Middle Eastern-Western Dialogue 
Trust Fund, when added to previous years' appropriations, will 
provide for the operational costs of the Center. The Center is 
dedicated to facilitating dialogue and peaceful conflict 
resolution between cultures. Currently a steering committee, 
led by the Council of American Overseas Research Centers 
[CAORC], is developing plans for the structures and programs of 
the Center. The Committee looks forward to the steering 
committee's report to Congress on the proposed operations of 
the Center.
    The Center shall be overseen by a board which shall include 
representation by the Undersecretary of State for Public 
Diplomacy and Public Affairs, as part of a diverse group of 
members.

                 Eisenhower Exchange Fellowship Program

           EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

Appropriations, 2004....................................        $497,000
Budget estimate, 2005...................................         500,000
Committee recommendation................................         500,000

    The Committee recommends an appropriation of $500,000 from 
interest and earnings in the Eisenhower Exchange Fellowship 
Program Trust Fund, authorized by the Eisenhower Exchange 
Fellowship Act of 1990 (Public Law 101-454). The recommendation 
is $3,000 above the fiscal year 2004 funding level and 
identical to the request.
    The Eisenhower Exchange Fellowship Program was created in 
1953 to honor President Eisenhower. The Eisenhower Exchange 
Fellowship Act of 1990 authorized a permanent endowment for the 
Eisenhower Exchange Fellowship Program and established a trust 
fund in the United States Treasury for this purpose. A total of 
$7,500,000 has been provided to establish a permanent endowment 
for the program, from which the interest and earnings are 
appropriated to Eisenhower Exchange Fellowships, Inc.

                    Israeli Arab Scholarship Program

Appropriations, 2004....................................        $371,000
Budget estimate, 2005...................................         375,000
Committee recommendation................................         375,000

    The Committee recommends an appropriation of $375,000 from 
interest and earnings in the Israeli Arab Scholarship Endowment 
Fund, authorized by Section 214 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-
138). The recommendation is $4,000 above the fiscal year 2004 
funding level and identical to the budget request.
    The Israeli Arab Scholarship Program funds scholarships for 
Israeli Arabs to attend institutions of higher education in the 
United States. A permanent endowment of $4,978,500 was 
established in 1992 with funds made available under section 
556(b) of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act of 1990, as amended. The interest 
from the endowment is credited to the Fund and made available 
subject to annual appropriations to carry out the scholarship 
program.

                            East-West Center

Appropriations, 2004....................................     $17,692,000
Budget estimate, 2005...................................      13,709,000
Committee recommendation................................      19,500,000

    The Committee recommends an appropriation of $19,500,000. 
The recommendation is $1,808,000 above the fiscal year 2004 
funding level and $5,791,000 above the request.
    The East-West Center is an educational and research 
organization established by Congress in 1960 to strengthen 
understanding and relations between the United States and the 
countries of the Asia-Pacific region. The Center helps promote 
the establishment of a stable, peaceful and prosperous Asia-
Pacific community in which the United States is a natural and 
leading partner. The Center carries out its mission through 
programs of cooperative study, training, and research. 
Professionals and students from the United States, Asia, and 
the Pacific study and work together at the East-West Center to 
better understand issues of common and critical concern and 
explore mutually beneficial ways of addressing them.

                    National Endowment For Democracy

Appropriations, 2004....................................     $39,579,000
Budget estimate, 2005...................................      80,000,000
Committee recommendation................................      50,000,000

    The Committee recommends an appropriation of $50,000,000. 
The recommendation is $10,421,000 above the fiscal year 2004 
funding level and $30,000,000 below the budget request.
    The National Endowment for Democracy [NED] is a private, 
non-profit organization created in 1983 to strengthen 
democratic institutions around the world. NED's mission is to 
support peaceful and stable transitions to more open political 
and economic systems characterized by effective governance and 
legal systems, engaged and responsible civil societies, and 
open markets. Although NED was first created to help the United 
States win the cold war, its mission of promoting democracy is 
still relevant today, particularly in the war against 
terrorism.
    The Committee recommendation includes language which would 
direct $10,000,000 of the significant increase in appropriated 
amounts to NED to the four core institutes to expand programs 
in the greater Middle East. The Committee has found that the 
institutes' work to develop democracy through political party 
training and electoral work in the region has made considerable 
progress to transition states to a democratic process, 
particularly in Iraq and in Afghanistan. In addition, the 
Committee recommendation includes language to establish an 
annual report to Congress on the use of federally appropriated 
funds to the NED to ensure the maximum benefit of these 
resources.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 INTERNATIONAL BROADCASTING OPERATIONS

Appropriations, 2004....................................    $540,292,000
Supplemental appropriations, 2004.......................      40,000,000
Budget estimate, 2005...................................     533,111,000
Committee recommendation................................     552,240,000

    The Committee recommends an appropriation of $552,240,000. 
The recommendation is $11,948,000 above the fiscal year 2004 
funding level and $19,129,000 above the request.
    This appropriation account funds the operating and 
engineering costs of Voice of America [VOA], Radio Free Europe/
Radio Liberty [RFE/RL], Radio Free Asia [RFA], the Middle East 
Television Network [MTN], Worldnet Television, and the 
Broadcasting Board of Governors. As directed in last year's 
bill, this account will continue to fund the Office of Cuba 
Broadcasting.
    The Committee recommendation includes new bill language 
transferring $302,000 to the Department of State for the 
Capital Security Cost Sharing Initiative to provide for safe 
and secure facilities overseas.
    The Committee recommendations, by function, are displayed 
in the following table:

               INTERNATIONAL BROADCASTING OPERATIONS [IBO]
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
International Broadcasting Bureau [IBB]:
    Voice of America [VOA]............................           155,308
    Engineering and Technical Services................           126,145
    Agency Direction..................................            23,400
    Management........................................            49,521
    Program Support...................................            24,994
                                                       -----------------
      Subtotal, IBB...................................           379,368
                                                       =================
Independent Grantee Organizations:
    Radio Free Europe/Radio Liberty...................            71,746
    Radio Free Asia...................................            28,728
    Middle East Television Network/Radio Sawa.........            44,769
                                                       -----------------
      Subtotal, Grantees..............................           145,243
                                                       =================
Cuba Broadcasting.....................................            27,629
                                                       =================
      Total, IBO......................................           552,240
------------------------------------------------------------------------

    Some of the Committee recommendations displayed in the 
table are described in more detail in the following paragraphs.

                   INTERNATIONAL BROADCASTING BUREAU

    Voice of America.--The Committee recommends an 
appropriation of $155,308,000 for Voice of America [VOA]. The 
Committee recognizes that broadcasting to the Middle East and 
South and Central Asia is critical to the United States-led war 
on terror. The recommendation therefore includes $5,600,000 for 
VOA's Middle East and Central Asia Division.
    Africa Broadcasting.--The Committee commends VOA for its 
progress in developing daily radio and television programming 
on HIV/AIDS prevention to countries throughout Africa. VOA is 
directed to continue to report to the Committee on its HIV/AIDS 
prevention and education related broadcasting activities no 
later than 90 days after the enactment of this Act.
    Engineering and Technical Services.--The Committee 
recommends an appropriation of $126,145,000 for engineering and 
technical services. Within this amount, $3,400,000 is for the 
Engineering Director.
    Agency Direction.--The Committee recommends an 
appropriation of $23,400,000 for Agency Direction.
    Management.--The Committee recommends an appropriation of 
$49,521,000 for the management of the BBG. The recommendation 
includes $3,111,000, the full amount requested, for security.
    Program Support.--The recommendation includes $4,140,000 
for the BBG's marketing and program placement initiative.

                                GRANTEES

    Radio Free Europe/Radio Liberty.--The Committee recommends 
an appropriation of $71,746,000 for Radio Free Europe/Radio 
Liberty [RFE/RL]. The recommendation includes $5,150,000 for 
Radio Free Afghanistan, $3,894,000 for Radio Farda, and 
$1,194,000 for Radio Free Iraq. Each of these levels is 
identical to the budget request. The recommendation also 
includes $250,000, the full request, for RFE/RL relocation 
planning.
    Security of Radio Free Europe/Radio Liberty Headquarters.--
Last year, the Committee directed RFE/RL to work with the 
Department of State's Bureau of Overseas Buildings Operations 
[OBO] to develop a comprehensive site and cost assessment for 
relocation of the RFE/RL headquarters, now located in the 
former Czechoslovak Federal parliament building on Wenceslas 
Square in Prague, the Czech Republic. The report submitted to 
the Committee by RFE/RL and OBO outlines several viable future 
relocation options and concludes that the best overall choice 
for constructing a new secure facility still would be in 
Prague.
    BBG has recently informed the Committee that RFE/RL would 
like to begin negotiations in order to sign a pre-lease 
agreement with one of the Czech site developers identified in 
the report. The Committee notes that RFE/RL has requested some 
funding to continue the planning process through fiscal year 
2005.
    It would be short-sighted, however, for BBG and RFE/RL not 
to anticipate the substantial future cost of relocation from 
the current site. The report estimates the costs to be 
approximately $19,000,000 a year over a 4-year period. An 
increase of $19,000,000 is 25 percent of RFE/RL's total fiscal 
year 2005 request. A thorough explanation as to how specific 
relocation costs, as outlined in the report, will be absorbed 
in future years has yet to be provided. The Committee therefore 
directs BBG and RFE/RL to compile and submit a strategic 
funding plan for the intended relocation process no later than 
February 1, 2005. Until a long-term maintenance cost of a new 
building has been contemplated and endorsed by the BBG, no 
additional funds shall be provided to secure a site for 
relocation.
    Radio Free Asia.--The Committee recommends an appropriation 
of $28,728,000 for Radio Free Asia [RFA]. Within the funding 
provided for Broadcasting, $2,955,000 is for RFA's Tibetan 
Service and $1,289,000 for its Uyghur Service.
    Jamming.--The Committee has provided funds in prior years 
to address increased jamming of Radio Free Asia broadcasts. 
Jamming is intended to stem the flow of truthful and free media 
to closed societies. The Committee had directed the broadcast 
services to expand their efforts to counteract the practice of 
jamming and is pleased to see that services like RFA have 
successfully begun to create and mass distribute electronic 
newsletters.
    Middle East Television Network/Radio Sawa.--The Committee 
recommends an appropriation of $44,769,000 for the operations 
of the Middle East Television Network [MTN] and Radio Sawa. The 
recommendation is identical to the request. The Committee 
commends BBG's expeditious work in integrating and streamlining 
Radio Sawa and MTN into a single broadcasting entity.
    MTN's Arabic-language satellite television channel, Al 
Hurra, was launched in February 2004 and is the first U.S. 
television entity that targets a broad Arabic-speaking 
audience. The sharp criticism that Al Hurra already has induced 
suggests that it has, at the very least, captured the attention 
of its competitors in the saturated Arabic-speaking satellite 
television market. To separate itself from other news outlets, 
Al Hurra must clearly demonstrate to its audience that it can 
provide credible and objective news coverage and analysis. The 
Committee directs MTN to report on Al Hurra's coverage, 
audience, reception and public response in the Arabic-speaking 
world. The report shall include the findings of an independent 
and validated public opinion poll.

                          BROADCASTING TO CUBA

    Radio and Television Marti.--These programs are dedicated 
to providing a reliable source of news and information that is 
accurate and objective, and to the promotion of freedom and 
democracy in Cuba. The Committee recommends an appropriation of 
$27,629,000. The recommendation is identical to the budget 
request.

                   BROADCASTING CAPITAL IMPROVEMENTS

Appropriations, 2004....................................     $11,275,000
Budget estimate, 2005...................................       8,560,000
Committee recommendation................................       8,560,000

    The Committee recommends an appropriation of $8,560,000. 
The recommendation is $2,715,000 below the fiscal year 2004 
funding level and identical to the budget request. The 
Committee notes that no funding was requested for new 
construction projects in fiscal year 2005.
    This account funds necessary maintenance, improvements, 
replacements, and repairs of broadcasting sites; satellite and 
terrestrial program feeds; and engineering support activities, 
broadcast facility leases, and land rentals.
    The Committee recommendations, by function, are displayed 
in the following table:

                 BROADCASTING CAPITAL IMPROVEMENTS [BCI]
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Maintenance, Improvements, Replace and Repair [MIRR]:
    Continuing Maintenance and Repair.................             4,379
    VOA TV............................................               773
    Security..........................................             1,608
                                                       -----------------
      Subtotal, MIRR..................................             6,760
                                                       =================
Upgrade of Existing Facilities:
    Greek Agreement...................................             1,000
                                                       -----------------
      Subtotal, Upgrades..............................             1,000
                                                       =================
Satellite and Terrestrial Program Feeds...............               800
                                                       =================
      Total, BCI......................................             8,560
------------------------------------------------------------------------

       General Provisions--Department of State and Related Agency

    The Committee recommends the following general provisions:
    Section 401 permits funds appropriated to the Department of 
State in this Act to be available for allowances and 
differentials, services, and hire of passenger transportation.
    Section 402 prohibits fund appropriated to the Department 
of State in this Act from being used to support the Palestinian 
Broadcasting Corporation.
    Section 403 requires that a consulate or diplomatic 
facility in Jerusalem be under the supervision of the U.S. 
Ambassador to Israel.
    Section 404 requires government publications to list 
Jerusalem as the capital of Israel.
    Section 405 provides that Israel shall be recorded as the 
place of birth on registrations of birth, certifications of 
nationality, and passport applications for U.S. citizens born 
in Jerusalem.
    Section 406 pertains to the State Department's provision of 
certain information to the Committees on Appropriations.
    Section 407 establishes the Office of the Coordinator for 
Reconstruction and Stabilization.
    Section 408 describes the functions of the Office of the 
Coordinator for Reconstruction and Stabilization.
    Section 409 clarifies section 626 of Public Law 107-77, 
that the Algiers Accord is abrogated for the purposes of 
providing a cause of action for the Iranian hostages.
    Section 410 implements Capital Security Cost Sharing.
    Section 411 promotes right-sizing.
    Section 412 prohibits U.S. tax dollars from being used to 
support an international organization's effort to blacklist and 
penalize countries that encourage foreign investment by 
adopting low tax systems and competitive investment climates.
    It also prohibits funds from being used for international 
efforts to track or report on the investment income of 
foreigners in the United States.
    Section 413 allows the Department of State and Broadcasting 
Board of Governors to obligate and expend funds notwithstanding 
the absence of an authorization for fiscal years 2004-2005.
    Section 414 adjusts the peacekeeping cap.
    Section 415 updates and conforms the Senior Foreign Service 
pay system.
    Section 416 extends the termination dates for the Advisory 
Committee on Cultural Diplomacy and the U.S. Advisory 
Commission on Public Diplomacy.
    Section 417 increases the limits applicable to post 
differentials and danger pay allowances.
    Section 418 modifies existing personnel review procedures 
which require Foreign Service promotion panels to ``low rank'' 
5 percent of every Foreign Service class.
    Section 419 clarifies the Department's authority to enter 
into settlements of claims of back pay or other grievances 
brought by personnel in cases where it is appropriate.
    Section 420 requires that a provision of law be implemented 
within 60 days of enactment of this Act.

                       TITLE V--RELATED AGENCIES

      Commission for the Preservation of America's Heritage Abroad

                         SALARIES AND EXPENSES

Appropriations, 2004....................................        $491,000
Budget estimate, 2005...................................         499,000
Committee recommendation................................         491,000

    The Committee recommends an appropriation of $491,000. The 
recommendation is identical to the fiscal year 2004 funding 
level and is $8,000 below the budget request. The purpose of 
the Commission is to encourage the preservation of cemeteries, 
monuments, and historic buildings associated with the foreign 
heritage of the American people.
    The recommendation will allow the Commission to fund its 
administrative expenses through appropriated funds while 
relying on privately donated funds for the actual purchase and 
restoration of property.

                       Commission on Civil Rights

                         SALARIES AND EXPENSES

Appropriations, 2004....................................      $9,001,000
Budget estimate, 2005...................................       9,096,000
Committee recommendation................................       9,096,000

    The Committee recommends an appropriation of $9,096,000 for 
the salaries and expenses of the Commission on Civil Rights. 
The recommendation is $95,000 above the fiscal year 2004 
funding level and identical to the budget request.

            Commission on Security and Cooperation in Europe

                         SALARIES AND EXPENSES

Appropriations, 2004....................................      $1,598,000
Budget estimate, 2005...................................       1,831,000
Committee recommendation................................       1,598,000

    The Committee recommends an appropriation of $1,598,000. 
The recommendation is identical to the fiscal year 2004 funding 
level and $233,000 below the budget request.
    The Commission was established in 1976 to ensure compliance 
with the final act of the Conference on Security and 
Cooperation in Europe with particular regard to provisions 
dealing with humanitarian affairs.

  Congressional-Executive Commission on the People's Republic of China

                         SALARIES AND EXPENSES

Appropriations, 2004....................................      $1,781,000
Budget estimate, 2005...................................       1,900,000
Committee recommendation................................       1,781,000

    The Committee recommends an appropriation of $1,781,000. 
The recommendation is identical to the fiscal year 2004 funding 
level and $119,000 below the budget request.

                Equal Employment Opportunity Commission

                         SALARIES AND EXPENSES

Appropriations, 2004....................................    $324,944,000
Budget estimate, 2005...................................     350,754,000
Committee recommendation................................     327,511,000

    The Committee recommends an appropriation of $327,511,000. 
The recommendation is $2,567,000 above the fiscal year 2004 
funding level and $23,243,000 below the budget request.

                   Federal Communications Commission

                         SALARIES AND EXPENSES

Appropriations, 2004....................................    $273,947,000
Budget estimate, 2005...................................     292,958,000
Committee recommendation................................     282,346,000

    The Committee recommends a total of $282,346,000 for the 
salaries and expenses of the Federal Communications Commission 
[FCC], of which $281,346,000 is to be derived from the 
collection of fees. The recommendation is $8,399,000 above the 
fiscal year 2004 funding level and $10,612,000 below the budget 
request. The recommendation does not transfer more of the cost 
of supporting the FCC to the General Fund as proposed by the 
budget request.
    The FCC is an independent regulatory agency exercising 
authority delegated to it by Congress under the Communications 
Act of 1934 as amended by the Telecommunications Act of 1996. 
The primary mission of the FCC is to promote competition, 
innovation, and deregulation in the communications industry. 
The FCC is charged with regulating interstate and international 
communications by radio, television, wire, satellite and cable. 
The mandate of the FCC under the Communications Act is to make 
available to all people of the United States a rapid, 
efficient, nationwide, and worldwide wire and radio 
communication service. The FCC performs four major functions to 
fulfill this charge: spectrum allocation, creating rules to 
promote fair competition and protect consumers where required 
by market conditions, authorization of service, and 
enforcement.
    The recommendation includes funding increases that will 
greatly enhance the FCC's ability to achieve its core 
objectives. The recommendation includes increases for 
enforcement bureau monitoring equipment, test equipment, 
training and uncontrollable cost increases such as the 
requested cost of living adjustment. The Committee freezes at 
$85,000,000 auction proceeds that can be used for competitive 
bidding programs. The Committee notes that no auctions are 
planned in fiscal year 2005.
    Broadcast Television Standards.--The Committee continues to 
be concerned about the declining standards of broadcast 
television and the impact this decline is having on America's 
children. Overall sexual content, foul language, and violence 
have tripled over the past decade. The Committee directs the 
FCC to continue to report to Congress on the issues associated 
with resurrecting a broadcast industry code of conduct for 
content of programming that, if adhered to by the broadcast 
industry, would protect against the further erosion of 
broadcasting standards.

                        Federal Trade Commission

                         SALARIES AND EXPENSES

Appropriations, 2004....................................    $185,505,000
Budget estimate, 2005...................................     205,430,000
Committee recommendation................................     207,730,000

    The Committee recommends an appropriation of $207,730,000. 
The recommendation is $22,225,000 above the fiscal year 2004 
funding level and $2,300,000 above the budget request.
    The Federal Trade Commission [FTC] administers a variety of 
Federal antitrust and consumer protection laws. Activities in 
the antitrust area include detection and elimination of illegal 
collusion, anticompetitive mergers, unlawful single-firm 
conduct, and injurious vertical agreements. The FTC regulates 
advertising practices, service industry practices, marketing 
practices, and credit practices as it addresses fraud and other 
consumer concerns.
    The recommendation includes $10,889,000 for mandatory costs 
and to continue congressional mandates, including $2,000,000 
for Do-Not-Call enforcement costs and $1,319,000 for the 
Consumer Response Center and technology infrastructure. The 
recommendation also provides an additional $10,800,000 and 40 
additional full time employees to annualize the fiscal year 
2004 costs and provide the necessary fiscal year 2005 costs to 
carry out legislative directives in the Controlling the Assault 
of Non-Solicited Pornography and Marketing [CAN-SPAM] Act of 
2003, the Fair and Accurate Credit Transactions [FACT] Act of 
2003, and section 151 of the Federal Deposit Insurance 
Corporation Improvement Act of 1991 [FDICIA]. Of the amounts 
provided, $101,000,000 is from Hart-Scott-Rodino pre-merger 
filing fees and $20,000,000 is from Do-Not-Call fees. The total 
amount of direct appropriations for this account is therefore 
$86,730,000. This represents an increase of $36,325,000 over 
the fiscal year 2004 direct appropriation. The Committee notes 
that this increase is necessary due to a significant drop-off 
in offsetting fee collection receipts beginning in 2001.
    Child Protection.--The Federal Trade Commission [FTC] in 
September 2000, released a report entitled: ``Marketing Violent 
Entertainment to Children: A Review of Self-Regulation and 
Industry Practices in the Motion Picture, Music Recording & 
Electronic Game Industries''. The report was very critical of 
the entertainment industry and its persistent and calculated 
marketing of violent games, movies, and music to children. In 
response to this report, the entertainment industry has 
promised to impose tougher regulations on itself and to 
voluntarily comply with the report's recommendations. The FTC 
should continue with and expand upon its efforts in this area. 
The Committee directs the Commission to continue to engage in 
consumer research and workshops, underage shopper-retail 
compliance surveys, and marketing data collection.
    Internet.--The Federal Trade Commission [FTC] is charged 
with monitoring compliance with the Children's Online Privacy 
Protection Act. The recommendation provides the Commission the 
funding resources it needs to meet the challenges of increased 
fraud on the Internet. The Committee commends the FTC for 
recognizing the unique and difficult challenge posed by the 
Internet, an international phenomenon that lacks borders, to 
the safety of our children.
    Do-Not-Call Initiative.--The recommendation includes 
$20,000,000 for the Federal Trade Commission's [FTC] Do-Not-
Call initiative, of which the entire amount is to be derived 
from the collection of fees. The Do-Not-Call initiative was 
launched pursuant to the FTC's amended Telemarketing Sales 
Rule. The Do-Not-Call initiative will establish a national 
database of telephone numbers of consumers who choose not to 
receive telephone solicitations from telemarketers. The Do-Not-
Call initiative has received broad support from, and will 
provide significant benefits to, consumers from all corners of 
the United States. The recommendation represents an increase of 
$1,900,000 above the fiscal year 2004 funding level. This 
increase will support a range of infrastructure technology 
improvements that are needed to support the Do-Not-Call 
initiative. These improvements will allow the FTC to manage the 
expected large volume of consumer complaints within the 
Sentinel system and will allow the FTC to share information 
with its law enforcement partners. Sentinel is a secure website 
through which the FTC's law enforcement partners access 
consumer complaint information. Currently, over 700 Federal, 
State, and local law enforcement partners access Sentinel. With 
the addition of Do-Not-Call complaint data, the FTC anticipates 
that a significant number of ``new'' partners and users, such 
as public utility companies, will need to use Sentinel to 
access those data.
    The Committee is aware of support for legislation to repeal 
or suspend implementation of mandatory country of origin 
labeling for seafood by major industry advocates. The Committee 
is concerned; however, that illegal pressure tactics are being 
applied against American fishermen who strongly oppose the 
repeal effort. The Committee directs the Federal Trade 
Commission to conduct a prompt investigation into these 
allegations, and to provide a report to the Committee by no 
later than January 1, 2005.
    Last year, the Committee directed the FTC to conduct a 
study to determine if uncompetitive or unfair practices, or 
practices which tend to restrain trade, are being used by 
companies that provide commercial trucking fleet card programs, 
and the effects of these practices on the truck stop industry. 
The FTC was directed to submit this report by July 2004, and 
the Committee on Appropriations looks forward to reviewing its 
analysis.

                       Legal Services Corporation

               PAYMENT TO THE LEGAL SERVICES CORPORATION

Appropriations, 2004....................................    $335,282,000
Budget estimate, 2005...................................     329,300,000
Committee recommendation................................     335,000,000

    The Committee recommends an appropriation of $335,000,000. 
The recommendation is $282,000 below the fiscal year 2004 
funding level and $5,700,000 above the budget request. The 
Committee recommendation includes $312,251,000 for basic field 
programs, to be used for competitively awarded grants and 
contracts, $13,900,000 for management and administration, 
$3,400,000 for client self-help and information technology, 
$2,600,000 for the Office of the Inspector General, and 
$2,849,000 for grants to offset losses due to census 
adjustments.

                       ADMINISTRATIVE PROVISIONS

    The Committee recommendation continues the administrative 
provisions contained in the fiscal year 1998 appropriations act 
(Public Law 105-119) regarding operation of this program to 
provide basic legal services to poor individuals and the 
restrictions on the use of Legal Services Corporation [LSC] 
funds.
    Grantees must agree not to engage in litigation and related 
activities with respect to a variety of matters including: (1) 
redistricting; (2) class action suits; (3) representation of 
illegal aliens; (4) political activities; (5) collection of 
attorney fees; (6) abortion; (7) prisoner litigation; (8) 
welfare reform; (9) representation of charged drug dealers 
during eviction proceedings; and (10) solicitation of clients. 
The exception to the restrictions in a case where there is 
imminent threat of physical harm to the client or prospective 
client remains in place.
    The manner in which the LSC grantees are audited through 
contracts with certified public accountants for financial and 
compliance audits are continued along with the provisions on 
recompetition and debarment.

                        Marine Mammal Commission

                         SALARIES AND EXPENSES

Appropriations, 2004....................................      $1,836,000
Budget estimate, 2005...................................       1,890,000
Committee recommendation................................       1,890,000

    The Committee recommends an appropriation of $1,890,000. 
The recommendation is $54,000 above the fiscal year 2004 
funding level and identical to the budget request.

          National Veterans' Business Development Corporation

Appropriations, 2004....................................      $1,979,000
Budget estimate, 2005...................................       2,000,000
Committee recommendation................................       2,000,000

    The Committee recommends an appropriation of $2,000,000. 
The recommendation is $21,000 above the fiscal year 2004 
funding level and identical to the budget request.

                   Securities and Exchange Commission

                         SALARIES AND EXPENSES

Appropriations, 2004....................................    $811,500,000
Budget estimate, 2005...................................     913,000,000
Committee recommendation................................     913,000,000

    The Committee recommends a total budget (obligational) 
authority of $913,000,000 for the salaries and expenses of the 
United States Securities and Exchange Commission [SEC], of 
which the entire amount is to be derived from the collection of 
fees. The recommendation is $101,500,000 above the fiscal year 
2004 funding level and identical to the budget request.
    The mission of the SEC is to administer and enforce the 
Federal securities laws in order to protect investors and to 
maintain fair, honest, and efficient markets. This includes 
ensuring full disclosure of financial information, regulating 
the Nation's securities markets, and preventing and policing 
fraud and malpractice in the securities and financial markets. 
The strength of the American economy and our Nation's financial 
markets is dependent upon investors' confidence in the 
financial disclosures and statements released by publicly-
traded companies. The Committee directs the SEC to continue to 
provide quarterly reports to the Committees on Appropriations 
on the measures it is taking to restore the public's confidence 
in the financial markets.
    Staffing and Infrastructure.--The recommendation supports 
the continued hiring of the more than 840 new staff recommended 
by the Sarbanes-Oxley Act of 2002 and approved by the Committee 
in fiscal 2003, and continues major, multi-year information 
technology projects. The Committee recognizes the significant 
challenges the SEC continues to face in filling critical 
vacancies, such as accountants, and notes the continued 
competition from the private sector faced by the SEC. The 
Committee is aware that the SEC is in the process of developing 
a new strategic plan regarding the addition of new positions. 
The Committee looks forward to receiving this strategic plan 
and directs the SEC to submit, in conjunction with this 
strategic plan, no later than April 15, 2004, a report 
containing any recommended legislative changes that may be 
necessary to allow the SEC to hire authorized levels.
    Pay Parity.--Pay parity is intended to bring the salaries 
of Securities and Exchange Commission employees in line with 
those of other Federal financial regulatory agencies. Pay 
parity will help the SEC recruit and retain highly qualified 
staff. The Commission's ability to hire retain the necessary 
number of qualified staff persons is critical to its success in 
restoring confidence in U.S. financial markets. The 
recommendation includes sufficient funding for the Commission 
to continue implementation of the pay parity program authorized 
in the Investor and Capital Markets Fee Relief Act of 2002.
    Enforcement.--The Committee directs the Commission to 
continue to espouse, as its top priority, the investigation and 
prosecution of financial fraud and reporting cases. The 
Committee commends the SEC for its heightened enforcement 
efforts and recent initiatives to protect investors through 
strengthened corporate disclosure, accounting, and reporting 
requirements.
    Information Technology [IT].--Now that the SEC's basic IT 
infrastructure needs have been addressed, the SEC must consider 
what new IT initiatives could significantly enhance its ability 
to accomplish its mission. Examples of such IT initiatives 
would be on-line filing of ownership reports or software that 
would allow securities transactions to be routed directly from 
clearing brokers to the SEC. The SEC is directed to keep the 
Committee apprised of new IT initiatives for which it might be 
considering requesting funding in fiscal year 2006.
    Exercising of Options.--The Committee remains concerned by 
instances in which corporate insiders enrich themselves at the 
expense of stockholders by exercising stock options immediately 
prior to companies' financial collapse. The exercising of stock 
options may even contribute, in some cases, to the bankruptcy 
of teetering corporations. The SEC is directed to continue to 
provide to the Committee a monthly report listing the 
exercising of stock options by corporate officers and directors 
under section 12 of the Securities and Exchange Act.
    Investor Protection.--The recommendation includes language 
requiring the SEC to submit a report containing a justification 
for the SEC rule adopted in June 2004, requiring the chairman 
of a mutual fund board to be an independent director. The 
report should provide a comparison of the amount and types of 
malfeasance that have occurred in recent years at mutual funds 
with independent chairman versus those without independent 
chairmen. The report should also analyze whether mutual funds 
chaired by disinterested directors perform better, have lower 
expenses, or have better compliance records than funds chaired 
by interested directors.

                     Small Business Administration

Appropriations, 2004....................................    $711,281,000
Budget estimate, 2005...................................     678,400,000
Committee recommendation................................     761,917,000

    The Committee recommends an appropriation of $761,917,000, 
for the Small Business Administration [SBA]. The recommendation 
is $50,636,000 above the fiscal year 2004 funding level and 
$83,517,000 above the budget request. Funding is distributed 
among the SBA appropriation accounts as described below.

                         SALARIES AND EXPENSES

Appropriations, 2004....................................    $322,322,000
Budget estimate, 2005...................................     326,259,000
Committee recommendation................................     357,684,000

    The Committee recommends an appropriation of $357,684,000. 
The recommendation is $35,362,000 above the fiscal year 2004 
funding level and $31,425,000 above the budget request. Within 
the amount provided, $2,750,000 is for the 1.5 percent pay 
raise for Federal employees. Also within the amount provided, 
$37,636,000 is for the 8(a) program and $3,158,000 is for the 
7(j) program.

                NON-CREDIT BUSINESS ASSISTANCE PROGRAMS

    The Committee recommends an appropriation of $138,709,000 
for the SBA non-credit business assistance programs. The 
recommendation is $28,109,000 above the budget request.
    The Small Business Administration shall require all of its 
core technical assistance programs (including the Small 
Business Development Centers, SCORE, and Womens' Business 
Centers) to provide training to SBA personnel in implementating 
and evaluating pilot technical assistance programs, and doing 
business, in Native American communities.
    The Committee recommendations, by program are displayed in 
the following table:

                 NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                              Amount
------------------------------------------------------------------------
Small Business Development Centers.....................          88,000
U.S. Export Assistance Centers.........................           1,484
Drug-free Workplace Grants.............................           1,000
National Ombudsman.....................................             500
SCORE..................................................           5,000
Business Information Centers...........................             396
Women's Business Centers...............................          12,000
Small Disadvantaged Business...........................          [1,500]
Women's Council........................................             750
7(j) Technical Assistance..............................           1,500
Microloan Technical Assistance.........................          15,000
Advocacy Research/Database.............................           1,100
Veteran's Business Development Assistance..............             750
SBIR Technical Assistance..............................             250
SBIR--FAST.............................................           2,000
Native American Outreach...............................           2,000
PRIME Technical Assistance.............................           5,000
HUBZones...............................................           1,979
                                                        ----------------
      Total, Non-credit Business Assistance Program....         138,709
------------------------------------------------------------------------

    The recommendation includes $1,500,000 for the Small 
Disadvantaged Business Program, which is funded through 
reimbursements from interagency collections.
    The Committee continues to support the Small Business 
Development Center Program.
    The Committee is concerned that HUBZone requirements based 
solely on census tracts may inadvertently disqualify needy 
communities in small, rural areas. The Committee urges that the 
SBA look at alternative ways to evaluate eligibility for 
HUBZones in rural areas and implement a pilot program for 
small, rural communities.
    The recommendation includes language providing that Women's 
Business Centers in sustainability status shall receive 48 
percent of the total funding provided for Women's Business 
Centers. Within the amount provided for Women's Business 
Centers, $500,000 is provided for the South Carolina Women's 
Business Center and $100,000 is provided for the New Hampshire 
Women's Business Center.

                      OFFICE OF INSPECTOR GENERAL

Appropriations, 2004....................................     $12,864,000
Budget estimate, 2005...................................      14,500,000
Committee recommendation................................      13,014,000

    The Committee recommends an appropriation of $13,014,000 
for the Office of Inspector General. The recommendation is 
$150,000 above the fiscal year 2004 funding level and 
$1,486,000 below the budget request. The recommendation 
includes the 1.5 percent pay raise for Federal employees. The 
recommendation continues language making $500,000 available to 
the Office of Inspector General from funding for the Disaster 
Loans Program Account.
    Reorganization.--The Committee recently approved a 
reorganization requested by the Office of Inspector General 
[OIG] relating to inspections and evaluations. While the 
Committee is supportive of the OIG's efforts to consolidate, 
the Committee is also supportive of the inspection and 
evaluation functions and recognizes that these functions have 
proven to be a valuable tool in correcting problems at the 
onset rather than after the fact. Therefore, the Committee 
directs the OIG to continue conducting inspections and 
evaluations and to report to the Committee monthly on the 
status of these reports.

                 SURETY BOND GUARANTEES REVOLVING FUND

Appropriations, 2004....................................................
Budget Estimate, 2005...................................     $11,400,000
Committee recommendation................................      11,400,000

    The Committee recommends an appropriation of $11,400,000. 
The recommendation is $11,400,000 above the fiscal year 2004 
funding level and identical to the budget request.

                     BUSINESS LOANS PROGRAM ACCOUNT

Appropriations, 2004....................................    $206,842,000
Budget estimate, 2005...................................     129,000,000
Committee recommendation................................     200,910,000

    The Committee recommends an appropriation of $200,910,000. 
The recommendation is $5,932,000 below the fiscal year 2004 
funding level and $71,910,000 above the budget request. Of the 
amount provided, $129,000,000 is for administrative expenses, 
which may be transferred to, and merged with, SBA salaries and 
expenses to cover the common overhead expenses associated with 
the business loans programs.
    The recommendation includes $70,000,000 for the 7(a) Loan 
Guaranty Program. At the prior year subsidy rate, this amount 
will support a program level for 7(a) of $14,500,000,000. The 
recommendation also includes $1,910,000 for the Microloan 
Direct program.

                     DISASTER LOANS PROGRAM ACCOUNT

Appropriations, 2004....................................    $168,756,000
Budget estimate, 2005...................................     197,241,000
Committee recommendation................................     178,909,000

    The Committee recommends an appropriation of $178,909,000. 
The recommendation is $10,153,000 above the fiscal year 2004 
funding level and $18,332,000 below the budget request.
    Within the amount provided, $65,000,000 is for direct loan 
subsidies. The SBA has requested a significant increase for 
direct loan subsidies in fiscal year 2005. This increase is due 
to the fact that SBA has adopted a new disaster loan model 
which more accurately captures the actual program cost. As a 
result, the baseline subsidy rate for the disaster program has 
increased. The SBA is urged to seek out emergency funding in 
the event of a disaster requiring loan assistance.
    Also within the amount provided, $113,909,000 is for 
administrative expenses. Of this amount, $750,000 is for the 
1.5 percent pay raise for Federal employees.

                       ADMINISTRATIVE PROVISIONS

    The recommendation continues language providing that 
disaster loans in Alaska shall continue to be managed by the 
SBA and shall not be sold for processing.

                        State Justice Institute

                         SALARIES AND EXPENSES

Appropriations, 2004....................................      $2,227,000
Budget estimate, 2005...................................................
Committee recommendation................................       3,000,000

    The Committee recommends an appropriation of $3,000,000. 
The recommendation is $773,000 above the fiscal year 2004 
funding level and $3,000,000 above the budget request.
    The Institute was created in 1984 to further the 
development and adoption of improved judicial administration in 
State courts.

      United States-China Economic and Security Review Commission

                         SALARIES AND EXPENSES

Appropriations, 2004....................................      $1,979,000
Budget estimate, 2005...................................       2,000,000
Committee recommendation................................       2,300,000

    The Committee recommends an appropriation of $2,300,000. 
The recommendation is $321,000 above the fiscal year 2004 
funding level and $300,000 above the budget request.
    The Commission was established in 2000 to monitor, 
investigate, and report to Congress on the national security 
implications of the bilateral trade and economic relationship 
between the United States and the People's Republic of China. 
In 2002, Congress significantly expanded the Commission's 
charter to focus on nine specific, yet diverse areas, including 
China's proliferation practices, United States investments into 
China, and United States-China bilateral agreements on 
intellectual property rights.
    The Committee directs the Commission to consult with the 
Secretary of Commerce, as appropriate, to research and report 
back to the Committees on Appropriations regarding the 
following: (1) China's industrial policies, including 
``pillar'' sectors, technology acquisitions through joint 
ventures, various forms of subsidization, and the short- and 
long-term implications of the modernization of those industries 
for the United States economy, industry, and employees; (2) 
Exports from China's state enterprises, the types and amounts 
of subsidies provided, and the longer-term effects of such 
exports/subsidies on specific United States industries; (3) 
Various means to compensate losses of United States 
intellectual property holders created by China's inability to 
meet its WTO intellectual property commitments; (4) Shifts of 
research and development from the United States to China, the 
nature of the 134 major foreign research and development 
corporate complexes now identified by the People's Republic of 
China, the prospects for future European Union, Japanese, and 
United States research and development shifts to China, and the 
resulting implications to United States capacities; (5) Items 
on the United States-China Advanced Technology Trade list 
cross-referenced to the items on the Department of Defense's 
Critical Technology List, and what part of total United States 
purchases of these items are imported from China; (6) An 
analysis of the extent of professional service outsourcing that 
now exists and is projected from the United States, and the 
ultimate location of that outsourcing, and quantifications of 
the longer-term consequences to affected United States 
professions, such as software engineering; and (7) A survey of 
business groups on the extent to which United States 
manufacturers and their supply chains are relocating to China.
    The Committee expects this report to be provided to the 
Committees on Appropriations no later than May 1, 2005.

          United States Senate-China Interparliamentary Group

                         SALARIES AND EXPENSES

Appropriations, 2004....................................................
Budget estimate, 2005...................................................
Committee recommendation................................        $100,000

    The Committee recommends an appropriation of $100,000. The 
recommendation is $100,000 above the fiscal year 2004 funding 
level and $100,000 above the budget request.

                      TITLE VI--GENERAL PROVISIONS

    The Committee recommends the following general provisions 
for the departments and agencies funded in the accompanying 
bill.
    Section 601 requires agencies to provide quarterly reports 
regarding unobligated balances.
    Section 602 prohibits any appropriation contained in the 
Act from remaining available for obligation beyond the current 
year unless expressly provided.
    Section 603 provides that the expenditure of any 
appropriation contained in the Act for any consulting service 
through procurement contracts shall be limited to those 
contracts where such expenditures are a matter of public record 
and available for public inspection except where otherwise 
provided under existing law or under existing executive order 
issued pursuant to existing law.
    Section 604 provides for severability should a provision of 
this Act be found to be unconstitutional.
    Section 605(a) stipulates Committee policy concerning the 
reprogramming of funds. Section 605(a) prohibits the 
reprogramming of funds which: (1) creates new programs; (2) 
eliminates a program, project, or activity; (3) increases funds 
or personnel by any means for any project or activity for which 
funds have been denied or restricted; (4) relocates offices or 
employees; (5) reorganizes offices, programs, or activities; 
(6) contracts out or privatizes any function or activity 
presently performed by Federal employees--unless the 
Appropriations Committees of the House and Senate are notified 
15 days in advance.
    Section 605(b) prohibits a reprogramming of funds in excess 
of $1,000,000 or 10 percent, whichever is less, that (1) 
augments existing programs, projects, or activities; (2) 
reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as 
approved by Congress; or (3) results from any general savings 
due to a reduction in personnel which would result in a change 
in existing programs, activities, or projects as approved by 
Congress unless the Appropriations Committees of the House and 
Senate are notified 15 days in advance.
    The recommendation increases the reprogramming threshold to 
$1,000,000 as proposed by the budget request, in recognition of 
inflation.
    Section 606 prohibits construction, repair, overhaul, 
conversion, or modernization of National Oceanic and 
Atmospheric Administration ships outside of the United States.
    Section 607 provides for a penalty for persons found to 
have falsely mislabeled products.
    Section 608 prohibits the use of funds to implement a 
certain Memorandum of Agreement between the Federal Trade 
Commission and the Antitrust Division of the Department of 
Justice.
    Section 609 prohibits the use of funds for any United 
Nations peacekeeping mission that involves United States Armed 
Forces under the command or operational control of a foreign 
national unless the President certifies that the involvement is 
in the national security interest.
    Section 610 prohibits use of funds to expand the United 
States diplomatic presence in Vietnam beyond the level in 
effect July 11, 1995, unless the President makes a 
certification that several conditions have been met regarding 
Vietnam's cooperation with the United States on POW/MIA issues.
    Section 611 requires agencies and departments funded in 
this Act to absorb any necessary costs related to downsizing or 
consolidation within the amounts provided to the agency or 
department.
    Section 612 provides funding for Public Safety Officers 
under the Local Law Enforcement Block Grant program.
    Section 613 limits the availability of funds for tobacco 
promotion.
    Section 614 prohibits funds from being used to issue a visa 
to any alien involved in extrajudicial and political killings 
in Haiti and establishes working conditions for plaintiffs in a 
recently settled Federal lawsuit.
    Section 615 delays obligation of some receipts deposited 
into the Crime Victim Fund.
    Section 616 prohibits the use of funds appropriated or 
otherwise made available to the Departments of State and 
Justice to process visas for citizens of countries that the 
Attorney General has determined deny or delay accepting the 
return of deported citizens.
    Section 617 provides certain grants.
    Section 618 prohibits a user fee from being charged for 
background checks conducted pursuant to the Brady Handgun 
Control Act of 1993 and prohibits implementation of a 
background check system that does not require and result in the 
immediate destruction of certain information.
    Section 619 prohibits the Small Business Administration 
from selling certain disaster loans.
    Section 620 limits transfers of funds between agencies.
    Section 621 directs the Secretary of Commerce to have lead 
responsibility for negotiating treaties concerning fisheries, 
marine mammals, or sea turtles.
    Section 622 prohibits funds from being used in violation of 
the Immigration and Nationality Act.
    Section 623 ensures adherence to burden-sharing initiatives 
codified in this Act.
    Section 624 requires the Federal Bureau of Investigation, 
the Department of Homeland Security, and the Department of 
State to jointly submit a report.
    Section 625 prohibits use of funds for United States 
contributions to any United Nations body that is chaired by a 
country that is determined by the Secretary of State to have 
supported acts of terrorism.
    Section 626 prohibits the use of funds to support or 
justify the use of torture.
    Section 627 addresses Department of Justice Working Capital 
Fund balances.
    Section 628 addresses the Asset Forfeiture Fund.
    Section 629 addresses Department of Justice unobligated 
balances.
    Section 630 addresses the Drug Enforcement Administration's 
diversion control program.
    Section 631 prohibits the Federal Communications Commission 
from changing rules governing the Universal Service Fund.
    Section 632 concerns unobligated balances.

                  TITLE VII--PATENT AND TRADEMARK FEES

    This title further addresses issues relevant to the 
Committee recommendation.

                  TITLE VIII--KOBY MANDELL ACT OF 2003

    This title authorizes the Department of Justice to 
establish an office and program relating to American citizens 
harmed by terrorism overseas.

             TITLE IX--ANABOLIC STEROID CONTROL ACT OF 2004

    This title addresses issues relating to the use of anabolic 
steroids.

  COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE 
                                 SENATE

    Rule XVI, paragraph 7 requires that every report on a 
general appropriation bill filed by the Committee must identify 
items of appropriation not made to carry out the provisions of 
an existing law, a treaty stipulation, or an act or resolution 
previously passed by the Senate during that session.
    The following appropriations have not been authorized 
either in whole or in part and fall under this rule:
    Title II--Department of Commerce and related agencies: 
Office of the U.S. Trade Representative, salaries and expenses; 
International Trade Commission, salaries and expenses; Export 
Administration, operations and administration; International 
Trade Administration, operations and administration; economic 
development assistance programs; Patent and Trademark Office; 
National Institute of Standards and Technology [NIST], 
scientific and technical research and services; NIST industrial 
technology services; NIST construction of research facilities; 
National Oceanic and Atmospheric Administration [NOAA] 
operations, research, and facilities; NOAA construction; and 
Minority Business Development Agency.
    Title V--Related agencies: Department of Transportation; 
Maritime Administration, operations and training; Commission on 
Civil Rights; Federal Communications Commission (except 
offsetting fee collections); Legal Services Corporation; and 
Securities and Exchange Commission.

COMPLIANCE WITH PARAGRAPH 7(C), RULE XXVI OF THE STANDING RULES OF THE 
                                 SENATE

    Pursuant to paragraph 7(c) of rule XXVI, on September 15, 
2004, the Committee ordered reported en bloc S. 2809, an 
original bill making appropriations for Departments of 
Commerce, Justice, and State, the Judiciary, and related 
agencies for the fiscal year ending September 30, 2005, an 
original bill making appropriations for the Foreign Operations, 
Export Financing, and related programs for the fiscal year 
ending September 30, 2005; and S. 2810, an original bill making 
appropriations for the Departments of Labor, Health and Human 
Services, and Education, and related agencies for the fiscal 
year ending September 30, 2005, each subject to amendment and 
each subject to the budget allocations, by a recorded vote of 
29-0, a quorum being present. The vote was as follows:
        Yeas                          Nays
Chairman Stevens
Mr. Cochran
Mr. Specter
Mr. Domenici
Mr. Bond
Mr. McConnell
Mr. Burns
Mr. Shelby
Mr. Gregg
Mr. Bennett
Mr. Campbell
Mr. Craig
Mrs. Hutchison
Mr. DeWine
Mr. Brownback
Mr. Byrd
Mr. Inouye
Mr. Hollings
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Reid
Mr. Kohl
Mrs. Murray
Mr. Dorgan
Mrs. Feinstein
Mr. Durbin
Mr. Johnson
Ms. Landrieu

 COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE 
                                 SENATE

    Paragraph 12 of the rule XXVI requires that Committee 
reports on a bill or joint resolution repealing or amending any 
statute or part of any statute include ``(a) the text of the 
statute or part thereof which is proposed to be repealed; and 
(b) a comparative print of that part of the bill or joint 
resolution making the amendment and of the statute or part 
thereof proposed to be amended, showing by stricken-through 
type and italics, parallel columns, or other appropriate 
typographical devices the omissions and insertions which would 
be made by the bill or joint resolution if enacted in the form 
recommended by the committee.''
    In compliance with this rule, the following changes in 
existing law proposed to be made by this bill are shown as 
follows: existing law to be omitted is enclosed in black 
brackets; new matter is printed in italic; and existing law in 
which no change is proposed is shown in roman.
    With respect to this bill, it is the opinion of the 
Committee that it is necessary to dispense with these 
requirements in order to expedite the business of the Senate.

  COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2004 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
                                                                        YEAR 2005
                                                                [In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Senate Committee recommendation compared with (+
                                                                                                                                 or ^)
               Item                       2004             Budget       House allowance     Committee    ----------------------------------------------------
                                     appropriation   estimate        deg.        recommendation        2004             Budget            House
                                                                                                           appropriation   estimate  allowance
------------------------------------------------------------------------------------------------------------------------- -----------------------------------
  TITLE I--DEPARTMENT OF JUSTICE

      General Administration

Salaries and expenses.............         105,564           186,551           141,466          +35,902          -45,085
    Intelligence policy and review  ...............  .................  ...............  ...............  ...............
Joint automated booking system....          18,974            20,309            20,185           +1,211             -124
Automated Biometric Identification           5,046             5,054             5,054               +8   ...............
 System-Integrated Identification
 system integration...............
Legal activities office automation          26,749            80,510            70,502          +43,753          -10,008
Narrowband communications.........         102,085           101,971            68,021          -34,064          -33,950
Counterterrorism fund.............             989   .................  ...............            -989   ...............
Administrative review and appeals.         191,494           202,518           205,411          +13,917           +2,893
Detention trustee.................         805,530           938,810           885,994          +80,464          -52,816
Violence against women office.....         383,551           362,477           410,000          +26,449          +47,523
Office of Inspector General.......          60,200            63,813            63,187           +2,987             -626
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, General                     1,700,182         1,962,013         1,869,820         +169,638          -92,193
       administration.............
                                   =====================================================================================================================
  United States Parole Commission

Salaries and expenses.............          10,498            10,650            10,638             +140              -12

         Legal Activities

General legal activities:
    Direct appropriation..........         612,029           657,135           623,364          +11,335          -33,771
        (Transfer out)............  ...............  .................           (-106)           (-106)           (-106)
    Radiation exposure                       1,975   .................  ...............          -1,975   ...............
     compensation act.............
    Emergency appropriations                15,000   .................  ...............         -15,000   ...............
     (Public Law 108-106).........
                                   ---------------------------------------------------------------------------------------------------------------------
          Subtotal................         629,004           657,135           623,364           -5,640          -33,771

Vaccine injury compensation trust            3,985             6,333             6,333           +2,348   ...............
 fund (permanent).................
Antitrust Division................         132,911           136,463           138,763           +5,852           +2,300
    Offsetting fee collections--          -112,000          -101,000          -101,000          +11,000   ...............
     current year.................
                                   ---------------------------------------------------------------------------------------------------------------------
        Direct appropriation......          20,911            35,463            37,763          +16,852           +2,300

      United States Attorneys

Salaries and expenses.............       1,510,193         1,547,519         1,532,154          +21,961          -15,365
Interagency drug enforcement......         550,609   .................         295,409         -255,200         +295,409
                                   ---------------------------------------------------------------------------------------------------------------------
      Subtotal, United States            2,060,802         1,547,519         1,827,563         -233,239         +280,044
       Attorneys..................

United States Trustee System Fund.         166,157           174,355           174,355           +8,198   ...............
    Offsetting fee collections....        -158,157          -169,355          -169,355          -11,198   ...............
    Interest on U.S. securities...          -8,000            -5,000            -5,000           +3,000   ...............
                                   ---------------------------------------------------------------------------------------------------------------------
      Direct appropriation........  ...............  .................  ...............  ...............  ...............

Foreign Claims Settlement                    1,193             1,220             1,220              +27   ...............
 Commission.......................
Fees and expenses of witnesses....         156,145           177,585           177,585          +21,440   ...............
Community Relations Service.......           9,426             9,833             9,494              +68             -339
Assets forfeiture fund............          21,530            21,759            21,759             +229   ...............
Payment to radiation exposure       ...............           72,000    ...............  ...............         -72,000
 compensation trust fund..........
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Legal activities.....       2,902,996         2,528,847         2,705,081         -197,915         +176,234
                                   =====================================================================================================================
  United States Marshals Service

Salaries and expenses (non-CSE)...         712,203           742,070           744,725          +32,522           +2,655
Construction......................          13,918             1,371    ...............         -13,918           -1,371
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, United States                 726,121           743,441           744,725          +18,604           +1,284
       Marshals Service...........

    Interagency Law Enforcement

Interagency crime and drug          ...............          580,632    ...............  ...............        -580,632
 enforcement......................

  Federal Bureau of Investigation

Salaries and expenses.............       4,033,796         4,563,921         3,973,728          -60,068         -590,193
    (Transfer out)................  ...............  .................         (-2,863)         (-2,863)         (-2,863)
Counterintelligence and national           484,947           495,000         1,017,000         +532,053         +522,000
 security.........................
                                   ---------------------------------------------------------------------------------------------------------------------
      Direct appropriation........       4,518,743         5,058,921         4,990,728         +471,985          -68,193

Foreign terrorist tracking task             60,949            56,349           120,819          +59,870          +64,470
 force............................
Construction......................          11,056   .................  ...............         -11,056   ...............
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Federal Bureau of           4,590,748         5,115,270         5,111,547         +520,799           -3,723
       Investigation..............
                                   =====================================================================================================================
  Drug Enforcement Administration

Salaries and expenses.............       1,703,038         1,815,719         1,799,243          +96,205          -16,476
    (Transfer out)................  ...............  .................        (-10,153)        (-10,153)        (-10,153)
    (By transfer).................  ...............  .................          (1,500)         (+1,500)         (+1,500)
    Diversion control fund........        -118,561          -154,216          -154,216          -35,655   ...............
                                   ---------------------------------------------------------------------------------------------------------------------
      Subtotal....................       1,584,477         1,661,503         1,645,027          +60,550          -16,476
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Drug Enforcement            1,584,477         1,661,503         1,645,027          +60,550          -16,476
       Administration.............
                                   =====================================================================================================================
Bureau of Alcohol, Tobacco and             827,289           870,357           890,357          +63,068          +20,000
 Firearms.........................
    (Transfer out)................  ...............  .................           (-106)           (-106)           (-106)
    Rescission....................  ...............           -1,500    ...............  ...............          +1,500
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Bureau of Alcohol,            827,289           868,857           890,357          +63,068          +21,500
       Tobacco and Firearms.......
                                   =====================================================================================================================
       Federal Prison System

Salaries and expenses.............       4,414,313         4,706,232         4,627,696         +213,383          -78,536
Buildings and facilities..........         393,515   .................         189,000         -204,515         +189,000
Federal Prison Industries,                   3,393             3,429             3,393   ...............             -36
 Incorporated (limitation on
 administrative expenses).........
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Federal Prison System       4,811,221         4,709,661         4,820,089           +8,868         +110,428
                                   =====================================================================================================================
    Office of Justice Programs

Justice assistance................         188,124         1,710,664           210,875          +22,751       -1,499,789
    (By transfer).................          (6,632)  .................          (6,632)  ...............         (+6,632)
    Rescission....................  ...............          -53,471    ...............  ...............         +53,471
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Office of Justice             188,124         1,657,193           210,875          +22,751       -1,446,318
       Programs...................
                                   =====================================================================================================================
State and local law enforcement
 assistance:
    Local law enforcement block            222,633   .................         150,000          -72,633         +150,000
     grant........................
        Boys and Girls clubs               (79,628)  .................         (85,000)         (+5,372)        (+85,000)
         (earmark)................
        National Institute of               (9,953)  .................         (10,000)            (+47)        (+10,000)
         Justice (earmark)........
        USA FREEDOM corps                   (2,967)  .................  ...............         (-2,967)  ...............
         (earmark)................
    Justice assistance grants.....  ...............  .................  ...............  ...............  ...............
        USA FREEDOM corps           ...............  .................  ...............  ...............  ...............
         (earmark)................
    Indian assistance.............          14,842   .................          18,000           +3,158          +18,000
        Tribal prison construction          (1,991)  .................          (1,991)  ...............         (+1,991)
        Indian tribal courts                (7,963)  .................          (7,963)  ...............         (+7,963)
         program..................
        Indian grants.............          (4,977)  .................          (4,977)  ...............         (+4,977)
    State criminal alien                   296,843   .................         250,000          -46,843         +250,000
     assistance program...........
    Southwest border prosecutors..         (29,684)  .................         (30,000)           (+316)        (+30,000)
    Cooperative agreement program.           1,979   .................  ...............          -1,979   ...............
    Byrne grants (formula)........         494,739   .................         500,000           +5,261         +500,000
    Byrne grants (discretionary)..         157,443   .................         117,969          -39,474         +117,969
        Miscellaneous                       49,705   .................  ...............         -49,705   ...............
         appropriations (Public
         Law 108-199).............
    Drug courts...................          38,095   .................          40,000           +1,905          +40,000
    Other crime control programs..           3,851   .................           5,950           +2,099           +5,950
    Assistance for victims of                9,894   .................  ...............          -9,894   ...............
     trafficking..................
    Prescription drug monitoring..           6,926   .................  ...............          -6,926   ...............
    Prison rape prevention........          36,784   .................  ...............         -36,784   ...............
    State and local anti terrorism  ...............  .................          11,000          +11,000          +11,000
     training.....................
    State prison drug treatment...  ...............  .................          25,000          +25,000          +25,000
    Miscellaneous appropriations             2,237   .................  ...............          -2,237   ...............
     (Public Law 108-199).........
                                   ---------------------------------------------------------------------------------------------------------------------
          Total, State and local         1,335,971   .................       1,117,919         -218,052       +1,117,919
           law enforcement........

Weed and seed program fund........          57,926   .................          62,000           +4,074          +62,000

Community oriented policing
 services:
    COPS enhancement grants.......  ...............  .................  ...............  ...............  ...............
    Hiring........................         118,737   .................         200,000          +81,263         +200,000
    Training and technical          ...............           17,625    ...............  ...............         -17,625
     assistance...................
    Bullet proof vests............          24,737   .................          25,000             +263          +25,000
    Tribal law enforcement........          24,737            20,000            20,000           -4,737   ...............
    Meth hot spots................          53,482            20,000            55,000           +1,518          +35,000
    Police corps..................          14,842   .................          15,000             +158          +15,000
    COPS technology...............         156,740   .................         110,969          -45,771         +110,969
    Interoperable communications..          84,106             1,550           100,000          +15,894          +98,450
    Criminal records upgrade......          29,684   .................  ...............         -29,684   ...............
    DNA backlog/crime lab.........          98,948   .................         100,000           +1,052         +100,000
    Paul Coverdell forensics                 9,894   .................          20,000          +10,106          +20,000
     science......................
    Crime identification                    23,971   .................          35,000          +11,029          +35,000
     technology...................
    Gun violence reduction........          29,684   .................          15,000          -14,684          +15,000
    Southwest border prosecuters..  ...............  .................  ...............  ...............  ...............
    Offender reentry..............           4,948   .................           5,000              +52           +5,000
    Safe schools initiative.......           4,552   .................           5,000             +448           +5,000
    Police integrity grants.......           9,894            10,000            15,000           +5,106           +5,000
    Management and administration.          29,684            27,914            35,000           +5,316           +7,086
    Rescission....................  ...............          -53,471    ...............  ...............         +53,471
                                   ---------------------------------------------------------------------------------------------------------------------
        Total, Community oriented          718,640            43,618           755,969          +37,329         +712,351
         policing services........

Juvenile justice programs.........         348,989   .................         360,000          +11,011         +360,000
    (Transfer out)................         (-6,632)  .................         (-6,632)  ...............         (-6,632)

Public safety officers benefits:
    Death benefits................          49,054            63,054            63,054          +14,000   ...............
    Disability and education                 2,968   .................           6,410           +3,442           +6,410
     benefits.....................
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Public safety                  52,022            63,054            69,464          +17,442           +6,410
       officers benefits program..
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Office of Justice           2,701,672         1,763,865         2,576,227         -125,445         +812,362
       Programs...................
                                   =====================================================================================================================
United States Attorneys (sec. 111)          14,842   .................  ...............         -14,842   ...............
United States Attorneys (Sec. 107)  ...............  .................          15,000          +15,000          +15,000
Local law enforcement block grant              544   .................             544   ...............            +544
 (sec. 113).......................
Rescission (sec. 114).............        -100,000   .................  ...............        +100,000   ...............
                                   =====================================================================================================================
      Total, title I, Department        19,770,590        19,944,739        20,389,055         +618,465         +444,316
       of Justice.................
          Appropriations..........     (19,855,590)      (20,053,181)      (20,389,055)       (+533,465)       (+335,874)
          Emergency appropriations         (15,000)  .................  ...............        (-15,000)  ...............
          Rescission..............       (-100,000)        (-108,442)   ...............       (+100,000)       (+108,442)
          (Transfer out)..........         (-6,632)  .................        (-19,860)        (-13,228)        (-19,860)
          (By transfer)...........          (6,632)  .................          (8,132)         (+1,500)         (+8,132)
                                   =====================================================================================================================
 TITLE II--DEPARTMENT OF COMMERCE
       AND RELATED AGENCIES

     TRADE AND INFRASTRUCTURE
            DEVELOPMENT

         RELATED AGENCIES

 Office of the United States Trade
          Representative

Salaries and expenses.............          41,552            39,552            41,552   ...............          +2,000
    (By transfer).................  ...............  .................          (5,000)         (+5,000)         (+5,000)

National Intellectual Property Law
 Enforcement Coordinating Council

Salaries and expenses.............  ...............  .................          20,000          +20,000          +20,000
    (Transfer out)................  ...............  .................         (-5,000)         (-5,000)         (-5,000)
    (Transfer out)................  ...............  .................         (-1,000)         (-1,000)         (-1,000)

  International Trade Commission

Salaries and expenses.............          57,682            61,700            61,700           +4,018   ...............
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Related agencies.....          99,234           101,252           123,252          +24,018          +22,000
                                   =====================================================================================================================
      DEPARTMENT OF COMMERCE

International Trade Administration

Operations and administration.....         391,102           401,513           401,513          +10,411   ...............
    (Transfer out)................  ...............  .................         (-4,539)         (-4,539)         (-4,539)
    Offsetting fee collections....         -13,000            -8,000            -8,000           +5,000   ...............
                                   ---------------------------------------------------------------------------------------------------------------------
      Direct appropriation........         378,102           393,513           393,513          +15,411   ...............

  Bureau of Industry and Security

Operations and administration.....          60,358            76,516            70,872          +10,514           -5,644
    CWC enforcement...............           7,128   .................  ...............          -7,128   ...............
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Bureau of Industry             67,486            76,516            70,872           +3,386           -5,644
       and Security...............

       Economic Development
          Administration

Economic development assistance            285,083           289,762           285,083   ...............          -4,679
 programs.........................
Salaries and expenses.............          30,244            30,565            30,400             +156             -165
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Economic Development          315,327           320,327           315,483             +156           -4,844
       Administration.............

   Minority Business Development
              Agency

Minority business development.....          28,556            34,461            31,555           +2,999           -2,906
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Trade and                     888,705           926,069           934,675          +45,970           +8,606
       Infrastructure Development.
                                   =====================================================================================================================
     ECONOMIC AND INFORMATION
          INFRASTRUCTURE

 Economic and Statistical Analysis

Salaries and expenses.............          74,211            88,400            81,764           +7,553           -6,636

       Bureau of the Census

Salaries and expenses.............         192,761           220,425           174,304          -18,457          -46,121
Periodic censuses and programs....         431,464           608,171           431,464   ...............        -176,707
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Bureau of the Census.         624,225           828,596           605,768          -18,457         -222,828

  National Telecommunications and
    Information Administration

Salaries and expenses.............          14,450            22,101            21,583           +7,133             -518
Public telecommunications                   21,769             2,538            21,769   ...............         +19,231
 facilities, planning and
 construction.....................
Information infrastructure grants.          14,842   .................          14,842   ...............         +14,842
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, National                       51,061            24,639            58,194           +7,133          +33,555
       Telecommunications and
       Information Administration.

United States Patent and Trademark
              Office

Current year fee funding..........       1,222,460         1,314,653         1,336,000         +113,540          +21,347
Spending from new fees (proposed    ...............          208,754           208,754         +208,754   ...............
 legislation).....................
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Patent and Trademark        1,222,460         1,523,407         1,544,754         +322,294          +21,347
       Office.....................

      Offsetting fee collections..      -1,222,460        -1,314,653        -1,336,000         -113,540          -21,347
                                   =====================================================================================================================
      Total, Economic and                  749,497         1,150,389           954,480         +204,983         -195,909
       Information Infrastructure.
                                   =====================================================================================================================
      SCIENCE AND TECHNOLOGY

     Technology Administration

    Office of Technology Policy

Salaries and expenses.............           6,343             8,294             6,407              +64           -1,887

  National Institute of Standards
          and Technology

Scientific and technical research          340,743           413,886           383,892          +43,149          -29,994
 and services.....................
    (Transfer out)................  ...............  .................        (-14,800)        (-14,800)        (-14,800)
Industrial technology services....         216,480            39,190           315,000          +98,520         +275,810
Construction of research                    64,271            59,411            86,071          +21,800          +26,660
 facilities.......................
Working capital fund..............  ...............            8,982    ...............  ...............          -8,982
    (By transfer).................  ...............  .................         (14,800)        (+14,800)        (+14,800)
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, National Institute of         621,494           521,469           784,963         +163,469         +263,494
       Standards and Technology...

 National Oceanic and Atmospheric
          Administration

Operations, research, facilities,        2,658,251         2,377,841         4,049,646       +1,391,395       +1,671,805
 and systems acquisition..........
    (By transfer from Promote and          (62,000)          (79,000)          (57,000)         (-5,000)        (-22,000)
     Develop Fund)................
    By transfer from Coastal zone   ...............            3,000             3,000           +3,000   ...............
     management...................
    Deobligations returned........         -15,000   .................  ...............         +15,000   ...............
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Operations, research,       2,643,251         2,380,841         4,052,646       +1,409,395       +1,671,805
       facilities and systems
       acquisition................

Procurement, acquisition and               979,708           898,510    ...............        -979,708         -898,510
 construction.....................
Pacific coastal salmon recovery...          89,052           100,000            99,000           +9,948           -1,000
Coastal zone management fund......          -3,000            -3,000            -3,000   ...............  ...............
Fishermen's contingency fund......  ...............              956               956             +956   ...............
Foreign fishing observer fund.....  ...............              191               191             +191   ...............
Fisheries finance program account.          -8,000            -4,000            -8,000   ...............          -4,000
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, National Oceanic and        3,701,011         3,373,498         4,141,793         +440,782         +768,295
       Atmospheric Administration.
                                   =====================================================================================================================
      Total, Science and                 4,328,848         3,903,261         4,933,163         +604,315       +1,029,902
       Technology.................
                                   =====================================================================================================================
      Departmental Management

Salaries and expenses.............          46,791            56,021            55,550           +8,759             -471
Travel and tourism................  ...............  .................          20,000          +20,000          +20,000
Office of Inspector General.......          20,894            22,249            21,071             +177           -1,178
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Departmental                   67,685            78,270            96,621          +28,936          +18,351
       management.................

EDA conveyance (sec. 209).........             989   .................  ...............            -989   ...............
Extension of steel loan guarantees  ...............  .................  ...............  ...............  ...............
 (Sec. 211).......................
Procurement, acquisition and                 6,065   .................  ...............          -6,065   ...............
 construction (sec. 212)..........
Lobster (sec. 213)................             495   .................  ...............            -495   ...............
Non-pollock west coast groundfish              495   .................  ...............            -495   ...............
 (sec. 214).......................
Alaska Purse Seine (Sec. 209).....  ...............  .................             200             +200             +200
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Department of               5,943,545         5,956,737         6,795,887         +852,342         +839,150
       Commerce...................
                                   =====================================================================================================================
Rescission (sec. 215).............        -100,000   .................  ...............        +100,000   ...............
                                   =====================================================================================================================
      Total, title II, Department        5,942,779         6,057,989         6,919,139         +976,360         +861,150
       of Commerce and related
       agencies...................
          Appropriations..........      (6,042,779)       (6,057,989)       (6,919,139)       (+876,360)       (+861,150)
          Rescission..............       (-100,000)  .................  ...............       (+100,000)  ...............
          (By transfer)...........         (62,000)          (79,000)          (76,800)        (+14,800)         (-2,200)
          (Transfer out)..........  ...............  .................        (-25,339)        (-25,339)        (-25,339)
                                   =====================================================================================================================
     TITLE III--THE JUDICIARY

Supreme Court of the United States

Salaries and expenses:
    Salaries of justices..........           1,896             1,985             1,985              +89   ...............
    Other salaries and expenses...          52,901            56,137            56,137           +3,236   ...............
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Salaries and expenses          54,797            58,122            58,122           +3,325   ...............

Care of the building and grounds..          10,480            10,579            10,579              +99   ...............
    Miscellaneous appropriations            15,906   .................  ...............         -15,906   ...............
     (Public Law 108-199).........
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Supreme Court of the           81,183            68,701            68,701          -12,482   ...............
       United States..............

United States Court of Appeals for
        the Federal Circuit

Salaries and expenses:
    Salaries of judges............           2,237             2,257             2,257              +20   ...............
    Other salaries and expenses...          18,231            22,750            18,367             +136           -4,383
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Salaries and expenses          20,468            25,007            20,624             +156           -4,383

      United States Court of
        International Trade

Salaries and expenses:
    Salaries of judges............           1,721             1,757             1,757              +36   ...............
    Other salaries and expenses...          12,217            13,316            12,303              +86           -1,013
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Salaries and expenses          13,938            15,073            14,060             +122           -1,013

    Courts of Appeals, District
    Courts, and Other Judicial
             Services

Salaries and expenses:
    Salaries of judges and                 274,504           289,877           289,877          +15,373   ...............
     bankruptcy judges............
    Other salaries and expenses...       3,680,532         4,030,367         3,841,610         +161,078         -188,757
                                   ---------------------------------------------------------------------------------------------------------------------
      Direct appropriation........       3,955,036         4,320,244         4,131,487         +176,451         -188,757

Vaccine Injury Compensation Trust            3,159             3,471             3,159   ...............            -312
 Fund.............................
Defender services.................         598,116           681,612           648,116          +50,000          -33,496
Fees of jurors and commissioners..          57,213            62,800            62,800           +5,587   ...............
Court security....................         274,580           383,282           274,653              +73         -108,629
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Courts of Appeals,          4,888,104         5,451,409         5,120,215         +232,111         -331,194
       District Courts, and Other
       Judicial Services..........

   Administrative Office of the
       United States Courts

Salaries and expenses.............          65,305            72,154            67,249           +1,944           -4,905

      Federal Judicial Center

Salaries and expenses.............          21,214            22,126            21,670             +456             -456

     Judicial Retirement Funds

Payment to Judiciary Trust Funds..          29,000            36,700            36,700           +7,700   ...............

     United States Sentencing
            Commission

Salaries and expenses.............          12,224            13,456            12,404             +180           -1,052
                                   =====================================================================================================================
      Total, title III, the              5,131,436         5,704,626         5,361,623         +230,187         -343,003
       Judiciary..................
          Appropriations..........       5,131,436         5,704,626         5,361,623         +230,187         -343,003
          Contingent emergency      ...............  .................  ...............  ...............  ...............
           appropriations.........
                                   =====================================================================================================================
 TITLE IV--DEPARTMENT OF STATE AND
          RELATED AGENCY

        DEPARTMENT OF STATE

 Administration of Foreign Affairs

Diplomatic and consular programs..       3,384,013         3,626,343         3,493,053         +109,040         -133,290
    (Transfer out)................         (-4,000)          (-4,000)          (-5,500)         (-1,500)         (-1,500)
    (By transfer).................  ...............  .................          (1,000)         (+1,000)         (+1,000)
    Worldwide security upgrades...         639,896           658,701           658,702          +18,806               +1
    Worldwide IT infrastructure...          39,579   .................  ...............         -39,579   ...............
    Emergency appropriations               120,500   .................  ...............        -120,500   ...............
     (Public Law 108-106).........
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Diplomatic and              4,183,988         4,285,044         4,151,755          -32,233         -133,289
       consular programs..........

Capital investment fund...........          79,158           155,100            52,149          -27,009         -102,951
Centralized IT modernization        ...............  .................         102,951         +102,951         +102,951
 program..........................
Office of Inspector General.......          31,370            30,435            31,435              +65           +1,000
Educational and cultural exchange          316,633           345,346           360,750          +44,117          +15,404
 programs.........................
Representation allowances.........           8,905             8,640             8,640             -265   ...............
Protection of foreign missions and           9,894             9,600             5,000           -4,894           -4,600
 officials........................
Embassy security, construction,            524,423           626,680           509,728          -14,695         -116,952
 and maintenance..................
    Worldwide security upgrades...         852,335           912,320           867,030          +14,695          -45,290
    (By transfer).................  ...............  .................         (17,767)        (+17,767)        (+17,767)
    Emergency appropriations                43,900   .................  ...............         -43,900   ...............
     (Public Law 108-106).........
Emergencies in the diplomatic and              989             7,000                 1             -988           -6,999
 consular service.................
    (By transfer).................          (4,000)           (4,000)           (4,000)  ...............  ...............
    (Transfer out)................         (-1,000)          (-1,000)          (-1,000)  ...............  ...............
    Emergency appropriations               115,500   .................  ...............        -115,500   ...............
     (Public Law 108-106).........

Repatriation Loans Program
 Account:
    Direct loans subsidy..........             605               612               612               +7   ...............
    Administrative expenses.......             600               607               607               +7   ...............
    (By transfer).................          (1,000)           (1,000)           (1,000)  ...............  ...............
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Repatriation loans              1,205             1,219             1,219              +14   ...............
       program account............

Payment to the American Institute           18,585            19,482            19,482             +897   ...............
 in Taiwan........................
Payment to the Foreign Service             134,979           132,600           132,600           -2,379   ...............
 Retirement and Disability Fund...
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Administration of           6,321,864         6,533,466         6,242,740          -79,124         -290,726
       Foreign Affairs............

    International Organizations

Contributions to international             999,830         1,194,210         1,020,830          +21,000         -173,380
 organizations, current year
 assessment.......................
Contributions for international            450,056           650,000           574,000         +123,944          -76,000
 peacekeeping activities, current
 year.............................
    Emergency appropriations               245,000   .................  ...............        -245,000   ...............
     (Public Law 108-106).........
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, International               1,694,886         1,844,210         1,594,830         -100,056         -249,380
       Organizations and
       Conferences................

     International Commissions

International Boundary and Water
 Commission, United States and
 Mexico:
    Salaries and expenses.........          25,726            30,300            27,689           +1,963           -2,611
    Construction..................           3,513             8,545             6,146           +2,633           -2,399
American sections, international             8,849            10,756            10,546           +1,697             -210
 commissions......................
International fisheries                     19,097            20,800            21,982           +2,885           +1,182
 commissions......................
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, International                  57,185            70,401            66,363           +9,178           -4,038
       commissions................

               Other

Payment to the Asia Foundation....          12,864             8,880    ...............         -12,864           -8,880
International Center for Middle              6,926   .................           7,000              +74           +7,000
 Eastern-Western Dialogue.........
Eisenhower Exchange Fellowship                 495               500               500               +5   ...............
 program..........................
Israeli Arab scholarship program..             371               375               375               +4   ...............
East-West Center..................          17,692            13,709            19,500           +1,808           +5,791
National Endowment for Democracy..          39,579            80,000            50,000          +10,421          -30,000
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Department of State..       8,151,862         8,551,541         7,981,308         -170,554         -570,233
                                   =====================================================================================================================
          RELATED AGENCY

  Broadcasting Board of Governors

International Broadcasting                 540,292           533,111           552,240          +11,948          +19,129
 Operations.......................
    Emergency appropriations                40,000   .................  ...............         -40,000   ...............
     (Public Law 108-106).........
Broadcasting to Cuba..............  ...............           27,629    ...............  ...............         -27,629
Broadcasting capital improvements.          11,275             8,560             8,560           -2,715   ...............
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Broadcasting Board of         591,567           569,300           560,800          -30,767           -8,500
       Governors..................
                                   =====================================================================================================================
      Total, title IV, Department        8,743,429         9,120,841         8,542,108         -201,321         -578,733
       of State and Related Agency
          Appropriations..........      (8,178,529)       (9,120,841)       (8,542,108)       (+363,579)       (-578,733)
          Emergency appropriations        (564,900)  .................  ...............       (-564,900)  ...............
          (Transfer out)..........         (-5,000)          (-5,000)          (-6,500)         (-1,500)         (-1,500)
          (By transfer)...........          (5,000)           (5,000)          (23,767)        (+18,767)        (+18,767)
                                   =====================================================================================================================
     TITLE V--RELATED AGENCIES

Antitrust Modernization Commission

Salaries and expenses.............           1,187             1,200    ...............          -1,187           -1,200

 Commission on the Abraham Lincoln
  Study Abroad Fellowship Program

Salaries and expenses (Public Law              497   .................  ...............            -497   ...............
 108-199).........................

Commission for the Preservation of
     America's Heritage Abroad

Salaries and expenses.............             491               499               491   ...............              -8

    Commission on Civil Rights

Salaries and expenses.............           9,001             9,096             9,096              +95   ...............

    Commission on International
         Religious Freedom

Salaries and expenses.............           2,968             3,000    ...............          -2,968           -3,000

    Commission on Security and
       Cooperation in Europe

Salaries and expenses.............           1,598             1,831             1,598   ...............            -233

Congressional-Executive Commission
 on the People's Republic of China

Salaries and expenses.............           1,781             1,900             1,781   ...............            -119

   Equal Employment Opportunity
            Commission

Salaries and expenses.............         324,944           350,754           327,511           +2,567          -23,243

 Federal Communications Commission

Salaries and expenses.............         273,947           292,958           282,346           +8,399          -10,612
    Offsetting fee collections--          -272,958          -272,958          -281,346           -8,388           -8,388
     current year.................
                                   ---------------------------------------------------------------------------------------------------------------------
      Direct appropriation........             989            20,000             1,000              +11          -19,000

     Federal Trade Commission

Salaries and expenses.............         185,505           205,430           207,730          +22,225           +2,300
    Offsetting fee collections--          -112,000          -101,000          -101,000          +11,000   ...............
     current year.................
    Offsetting fee collections,            -23,100           -20,000           -20,000           +3,100   ...............
     telephone database...........
                                   ---------------------------------------------------------------------------------------------------------------------
      Direct appropriation........          50,405            84,430            86,730          +36,325           +2,300

          HELP Commission

Salaries and expenses.............           2,968   .................  ...............          -2,968   ...............

    Legal Services Corporation

Payment to the Legal Services              335,282           329,300           335,000             -282           +5,700
 Corporation......................

     Marine Mammal Commission

Salaries and expenses.............           1,836             1,890             1,890              +54   ...............

    National Veterans Business
      Development Corporation

National Veterans Business                   1,979             2,000             2,000              +21   ...............
 Development Corporation..........

Securities and Exchange Commission

Salaries and expenses.............         811,500           913,000           913,000         +101,500   ...............
Prior year unobligated balances...        -120,000           -20,000           -20,000         +100,000   ...............
                                   ---------------------------------------------------------------------------------------------------------------------
      Direct appropriation........         691,500           893,000           893,000         +201,500   ...............

   Small Business Administration

Salaries and expenses.............         322,322           326,259           357,684          +35,362          +31,425
    Miscellaneous appropriations               497   .................  ...............            -497   ...............
     (Public Law 108-199).........
Office of Inspector General.......          12,864            14,500            13,014             +150           -1,486
Surety bond guarantees revolving    ...............           11,400            11,400          +11,400   ...............
 fund.............................
Business Loans Program Account:
    Direct loans subsidy..........           1,890   .................  ...............          -1,890   ...............
    Guaranteed loans subsidy......          78,299   .................          71,910           -6,389          +71,910
    Administrative expenses.......         126,653           129,000           129,000           +2,347   ...............
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Business loans                206,842           129,000           200,910           -5,932          +71,910
       program account............

Disaster Loans Program Account:
    Direct loans subsidy..........          55,597            78,887            65,000           +9,403          -13,887
    Administrative expenses.......         113,159           118,354           113,909             +750           -4,445
    Gainsharing...................  ...............  .................  ...............  ...............  ...............
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Disaster loans                168,756           197,241           178,909          +10,153          -18,332
       program account............
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, Small Business                711,281           678,400           761,917          +50,636          +83,517
       Administration.............

      State Justice Institute

Salaries and expenses.............           2,227   .................           3,000             +773           +3,000

 United States-China Economic and
    Security Review Commission

Salaries and expenses.............           1,979             2,000             2,300             +321             +300

    United States Senate-China
     Interparliamentary Group

Salaries and expenses.............  ...............  .................             100             +100             +100

 United States Institute of Peace

Operating expenses................          17,099            22,099    ...............         -17,099          -22,099
    Emergency supplemental                  10,000   .................  ...............         -10,000   ...............
     appropriations (Public Law
     108-106).....................
                                   ---------------------------------------------------------------------------------------------------------------------
      Total, United States                  27,099            22,099    ...............         -27,099          -22,099
       Institute of Peace.........
                                   =====================================================================================================================
      Total, title V, Related            2,170,012         2,401,399         2,427,414         +257,402          +26,015
       agencies...................
                                   =====================================================================================================================
      TITLE VII--RESCISSIONS

       DEPARTMENT OF JUSTICE

      General Administration

Working Capital fund (rescission).         -67,326   .................  ...............         +67,326   ...............
Counterterrorism fund (rescission)         -40,000   .................  ...............         +40,000   ...............

         Legal Activities

Assets forfeiture fund                     -61,608   .................  ...............         +61,608   ...............
 (rescission).....................

       Federal Prison System

Buildings and facilities                   -51,895   .................  ...............         +51,895   ...............
 (rescission).....................

    Office of Justice Programs

State & local law enforcement              -21,600   .................  ...............         +21,600   ...............
 assistance (rescission)..........
Community oriented policing                 -6,378   .................  ...............          +6,378   ...............
 services (rescission)............
Juvenile justice programs                  -15,900   .................  ...............         +15,900   ...............
 (rescission).....................

      DEPARTMENT OF COMMERCE

 National Oceanic and Atmostpheric
          Administration

NERRS construction (rescission)...          -2,500   .................  ...............          +2,500   ...............

      Departmental Management

Emergency steel guaranteed loan     ...............          -13,000    ...............  ...............         +13,000
 program account (rescission).....
Travel and tourism (rescission)...         -40,000   .................  ...............         +40,000   ...............
Department of Justice:
    Working capital fund            ...............  .................         -44,000          -44,000          -44,000
     (rescission) (Sec. 627)......
    Asset forfeiture fund           ...............  .................         -30,000          -30,000          -30,000
     (rescission) (Sec. 628)......
    Unobligated balances            ...............  .................         -98,125          -98,125          -98,125
     (rescission) (Sec. 629)......
                                   =====================================================================================================================
      Total, title VII,                   -307,207           -13,000          -172,125         +135,082         -159,125
       Rescissions................
                                   =====================================================================================================================
      Grand total:
          New budget                    41,451,039        43,216,594        43,467,214       +2,016,175         +250,620
           (obligational)
           authority..............
              Appropriations......     (41,368,346)      (43,338,036)      (43,639,339)     (+2,270,993)       (+301,303)
              Emergency                   (589,900)  .................  ...............       (-589,900)  ...............
               appropriations.....
              Contingent emergency  ...............  .................  ...............  ...............  ...............
               appropriations.....
                                   =====================================================================================================================

              Rescissions.........       (-507,207)        (-121,442)        (-172,125)       (+335,082)        (-50,683)
              (Transfer out)......        (-11,632)          (-5,000)         (-51,699)        (-40,067)        (-46,699)
              (By transfer).......         (73,632)          (84,000)         (108,699)        (+35,067)        (+24,699)
--------------------------------------------------------------------------------------------------------------------------------------------------------

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