80–902 PDF

Calendar No. 512

107TH CONGRESS REPORT

2d Session " ! SENATE 107–218

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE

JUDICIARY, AND RELATED AGENCIES APPROPRIATION

BILL, 2003

JULY 24, 2002.—Ordered to be printed

Mr. HOLLINGS, from the Committee on Appropriations,

submitted the following

REPORT

[To accompany S. 2778]

The Committee on Appropriations reports the bill (S. 2778) making appropriations for the Departments of Commerce, Justice, and

State, the judiciary, and related agencies for the fiscal year ending

September 30, 2003, 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 ............................... $47,067,043,000

Amount of appropriations, 2002 .............................. 44,272,536,000

Amount of budget estimates, 2003, as amended ... 43,907,072,000

The bill as reported to the Senate:

Above the appropriations for 2002 ................... ∂2,794,507,000

Above the estimates for 2003 ........................... ∂3,159,971,000
(2)

CONTENTS

Page

Background:

Purpose of the bill ............................................................................................ 3

Hearings ............................................................................................................ 3

Summary of the bill .......................................................................................... 3

Accrual funding of retirement costs and post-retirement health benefits .......... 4

Budgetary impact of the bill ................................................................................... 4

Title I—Department of Justice ............................................................................... 6

Title II—Department of Commerce and related agencies .................................... 79

Title III—The judiciary ........................................................................................... 119

Title IV—Department of State and related agency .............................................. 125

Title V—Related agencies:

Department of Transportation: Maritime Administration ............................ 153

Commission for the Preservation of America’s Heritage Abroad ................. 154

Commission on Civil Rights ............................................................................. 155

Commission on International Religious Freedom .......................................... 155

Commission on Ocean Policy ........................................................................... 155

Commission on Security and Cooperation in Europe .................................... 156

Congressional-Executive Commission on the People’s Republic of China ... 156

Equal Employment Opportunity Commission ................................................ 156

Federal Communications Commission ............................................................ 157

Federal Maritime Commission ........................................................................ 157

Federal Trade Commission .............................................................................. 158

Legal Services Corporation .............................................................................. 159

Marine Mammal Commission .......................................................................... 160

National Veterans’ Business Development Corporation ............................... 160

Securites and Exchange Commission ............................................................. 160

Small Business Administration ....................................................................... 162

State Justice Institute ...................................................................................... 165

United States-Canada Alaska Rail Commission ............................................ 165

Title VI—General provisions .................................................................................. 166

Compliance with paragraph 7, rule XVI of the Standing Rules of the Senate ... 168

Compliance with paragraph 7(c), rule XXVI of the Standing Rules of the

Senate ................................................................................................................... 168

Compliance with paragraph 12, rule XXVI of the Standing Rules of the

Senate ................................................................................................................... 169
(3)

BACKGROUND

PURPOSE OF THE BILL

This bill makes appropriations for the functions of the Departments of Commerce, Justice, State, the Judiciary and Related

Agencies for the period October 1, 2002, through September 30,

2003. Functional areas include the pay, allowances, and support of

personnel, operation and maintenance, procurement of equipment

and systems, and research.

The bill provides funds for fighting crime, enhancing drug enforcement, responding to the threat of terrorism, addressing the

shortcomings of the immigration process, continuing the judicial

process, conducting commerce within the United States, improving

State Department operations, and fullfilling the needs of various

independent agencies.

HEARINGS

The Subcommittee on Commerce, Justice, State, the Judiciary

and Related Agencies Appropriations began hearings on the fiscal

year 2003 budget request on February 26, 2002, and concluded

them on March 21, 2002, after holding 7 separate sessions. The

subcommittee heard testimony from representatives of the Departments of Commerce, Justice, State, the Judiciary, and various commissions.

SUMMARY OF THE BILL

The budget estimates for the departments and agencies included

in the accompanying bill are contained in the budget of the United

States for fiscal year 2003 submitted on January 30, 2002.

The total amount of new budget authority recommended by the

Committee for fiscal year 2003 is $47,067,043,000. This amount is

an increase of $2,794,507,000 above appropriations enacted for fiscal year 2002 for these departments and agencies. The Committee

recommendation is $3,159,971,000 above the budget estimates.

REPROGRAMMINGS, REORGANIZATIONS, AND RELOCATIONS

As in previous years, the Committee is inserting section 605

under title VI of the general provisions of the bill.

The Committee directs that both the House and Senate chairmen

of the Subcommittees on the Departments of Commerce, Justice,

and State, the Judiciary, and related agencies will be notified by

letter at least 15 days prior to:

—Reprogramming of funds, whether permanent or temporary, in excess of $500,000 or 10 percent, whichever is less, between

programs or activities. In addition, the Committee desires to be

notified of reprogramming actions which are less than these
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amounts if such actions would have the effect of committing

the agency to significant funding requirements in future years;

—Increasing funds or personnel by any means for any project or

activity for which funds have been denied or restricted;

—Creation of new programs, offices, agencies, or commissions, or

substantial augmentations of existing programs, offices, agencies, or commissions;

—Relocations of offices or employees;

—Reorganization of offices, programs, or activities; and

—Contracts out or privatizes any functions or activities presently

performed by Federal employees.

The Committee directs each department or agency to notify the

Committee 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 to notify the Committees 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.

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

allocation 1 Amount of bill Committeeallocation 1 Amount of bill

Comparison of amounts in the bill with Committee allocations

to its subcommittees, fiscal year 2003: Subcommittee on

Commerce, Justice, and State, the Judiciary, and Related

Agencies:

Discretionary ........................................................................ 43,475 43,475 44,416 2 42,736

Mandatory ............................................................................ NA 649 NA 640

Projection of outlays associated with the recommendation:

2003 ..................................................................................... .................... .................... .................... 3 29,685

2004 ..................................................................................... .................... .................... .................... 8,208

2005 ..................................................................................... .................... .................... .................... 4,592

2006 ..................................................................................... .................... .................... .................... 1,930

2007 and future years ........................................................ .................... .................... .................... 698

Financial assistance to State and local governments for

2003 ......................................................................................... NA 2,690 NA 442

1 Levels approved by the Committee on June 27, 2002.

2 Includes outlays from prior-year budget authority.

3 Excludes outlays from prior-year budget authority.

NA: Not applicable.

ACCRUAL FUNDING OF RETIREMENT COSTS AND POSTRETIREMENT HEALTH BENEFITS

The President’s Budget included a legislative proposal under the

jurisdiction of the Senate Committee on Governmental Affairs to
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charge to individual agencies, starting in fiscal year 2003, the fully

accrued costs related to retirement benefits of Civil Service Retirement System employees and retiree health benefits for all civilian

employees. The Budget also requested an additional dollar amount

in each affected discretionary account to cover these accrued costs.

The authorizing committee has not acted on this legislation,

therefore the Senate Appropriations Committee has reduced the

dollar amounts of the President’s request shown in the ‘‘Comparative Statement of New Budget Authority Request and Amounts

Recommended in the Bill’’, as well as in other tables in this report,

to exclude the accrual funding proposal.

The Committee further notes that administration proposals requiring legislative action by the authorizing committees of Congress are customarily submitted in the budget as separate schedules apart from the regular appropriations requests. Should such

a proposal be enacted, a budget amendment formally modifying the

President’s appropriation request for discretionary funding is subsequently transmitted to the Congress.

The Senate Appropriations Committee joins with the House Appropriations Committee in raising concern that this practice, which

has always worked effectively for both Congress and past administrations, was not followed for the accrual funding proposal. In this

case, the Office of Management and Budget (OMB) decided to include accrual amounts in the original discretionary appropriations

language request. These amounts are based on legislation that has

yet to be considered and approved by the appropriate committees

of Congress. This led to numerous misunderstandings both inside

and outside of Congress of what was the ‘‘true’’ President’s budget

request. The Committee believes that, in the future, OMB should

follow long-established procedures with respect to discretionary

spending proposals that require legislative action.
(6)

TITLE I—DEPARTMENT OF JUSTICE

The Committee has made funding for law enforcement the centerpiece of the fiscal year 2003 appropriations bill. The Committee

recommends $25,780,035,000 in new budget (obligational) authority

in the accompanying bill for the Department of Justice with a

strong emphasis on law enforcement activities for fiscal year 2003.

The Committee shares the desire of the House 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 all organizations throughout the agencies. The

Committee continues to stress the natural affinity between these

offices and the Appropriations Committee, which makes such a relationship imperative.

Modular cost budgeting and chronic shortfalls.—Built into the

cost of every new Justice Department employee are funds to partially cover so-called ‘‘modular costs’’, the costs of equipment, vehicles, facilities, and training integral to an employee’s ability to perform his or her duty. Yet, in the Committee’s experience, components are, almost without exception, desperately short of equipment, vehicles, facilities, and training. The reasons for this are unclear. However, it seems apparent that the modular cost approach

has lulled components into ignoring necessary capital investments.

It has also grossly inflated the cost of new employees without commensurate benefit. Built-in capital investment funds are siphoned

off for purposes unknown while the Committee finds itself responsible for pulling together funds to address significant shortfalls in

everything from computers to fingerprint powder. The Committee

believes that the long-term health of the Department requires a

new approach to budgeting. Therefore, the Justice Department is

directed to drop modular cost budgeting beginning with the fiscal

year 2004 request. The costing of new employees shall only include

personnel salaries and benefits. Costs associated with new hires

characterized broadly as ‘‘Contractual Services and Supplies’’, ‘‘Acquisition of Assets’’, and ‘‘Items with Multiple Object Classes’’ shall

be budgeted directly in separate and identifiable capital investment

lines in the request of each component. Justice Management Division is directed to submit a report on how this was achieved not

later than February 5, 2003.

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $91,668,000

Budget estimate, 2003 ........................................................................... 114,579,000

Committee recommendation ................................................................. 99,696,000

This account funds the development of policy objectives and the

overall management of the Department of Justice. The Committee
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recommends an appropriation of $99,696,000. The recommendation

is $14,883,000 below the budget request. The Committee recommendation includes the fiscal year 2002 funding level, a 4.1 percent pay raise for Federal employees, and $6,000,000 for requested

Homeland Security program increases.

International Law Enforcement Training Academy/Mexico.—As

was stated last year, the Committee believes a law enforcement

training academy, similar to the International Law Enforcement

Academies (ILEAs) in Budapest and Bangkok, should be established in Southern Mexico. United States law enforcement agency

personnel would manage the facility and conduct the courses, and

in the process develop personal relationships with Mexican law enforcement personnel that would be invaluable to future liaison and

cooperative international law enforcement activities. The fiscal year

2002 conference agreement directed the Attorney General, in consultation and collaboration with the Secretary of State, to provide

a report to the Committees on Appropriations no later than May

12, 2002 on the feasibility of establishing ILEA-Mexico. The report

was supposed to include a timeline, cost analysis, and implementation plan for establishing ILEA-Mexico. To date, Congressional direction has been ignored. Not more than $8,250,000 of the amount

provided under this heading shall be available for obligation and

expenditure until the report is delivered to the Committees on Appropriations.

Security Locks Initiative.—It is imperative for the Justice Department to store classified materials securely and in compliance with

Federal security standard FF–L–2740A. The recommendation includes $2,000,000 to upgrade security locks to ensure the safety of

such critical information.

IDENTIFICATION SYSTEMS INTEGRATION

Appropriations, 2002 ............................................................................. ...........................

Budget estimate, 2003 ........................................................................... $24,478,000

Committee recommendation ................................................................. ...........................

The Committee does not recommend an appropriation for this

new account. Instead, funding is provided in separate accounts

within this title.

There are no advantages in merging funding for the Joint Automated Booking System and Automated Biometric Identification

System/Integrated Automated Fingerprint Identification System integration into a single account. Historically, such mergers have

hindered program progress and complicated program oversight.

JOINT AUTOMATED BOOKING SYSTEM

Appropriations, 2002 ............................................................................. $1,000,000

Budget estimate, 2003 ........................................................................... ...........................

Committee recommendation ................................................................. 15,973,000

This account centrally funds development, acquisition, and deployment of the Joint Automated Booking System [JABS]. Previously, JABS funding was distributed among various Justice components.

The Committee recommends an appropriation of $15,973,000.

The recommendation is $486,000 above last year’s level, which included $1,000,000 in direct appropriations and additional funding
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from other available resources within Justice. The Committee recommendation includes the fiscal year 2002 funding level, a 4.1 percent pay adjustment for Federal employees, and $14,957,000 for requested Homeland Security program increases.

The Committee has not adopted an Administration proposal to

merge funding for JABS and Automated Biometric Identification

System/Integrated Automated Fingerprint Identification System integration into a single new account.

JABS will: (1) standardize booking data, procedures, and equipment throughout Justice; (2) save funds by eliminating repetitive

booking of suspects; and (3) improve public safety by identifying repeat offenders and persons with outstanding charges or warrants.

JABS incentive funds are to be distributed to the component or

components making the best progress in installing and operating

the system.

AUTOMATED BIOMETRIC IDENTIFICATION SYSTEM/INTEGRATED

AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM INTEGRATION

Appropriations, 2002 ............................................................................. ...........................

Budget estimate, 2003 ........................................................................... ...........................

Committee recommendation ................................................................. $9,000,000

This new account funds integration of the Automated Biometric

Identification System and the Integrated Automated Fingerprint

Identification System [IDENT/IAFIS].

The Committee recommends an appropriation of $9,000,000. The

recommendation is identical to the budget request and to last

year’s funding level, which included funding from available resources within the Department.

Previously, funding for IDENT/IAFIS integration was provided

under the heading ‘‘General Administration, Salaries and Expenses’’. The Committee has not adopted an Administration proposal to merge funding for IDENT/IAFIS integration and the Joint

Automated Booking System into a single account.

There are considerable cost implications with this effort. As the

Inspector General noted in a December 2001 report, and Justice

confirmed in March 2002 briefings, the system, and particularly

the operational costs to the Immigration and Naturalization Service [INS] of an integrated IDENT/IAFIS system could approach

$1,900,000,000. This does not include additional significant costs

that would indirectly be incurred by the Marshals Service, U.S. Attorneys, Executive Office of Immigration Review, and Bureau of

Prisons. The Committee will have difficulty meeting these costs requirements in the foreseeable future. Rather than focusing on the

relatively simple matter of integrating the two systems, Justice

must craft an affordable, comprehensive plan that addresses border

security throughout the Department. Therefore, 25 percent of

$8,000,000 provided under this heading shall be available for obligation and expenditure only after the Justice Management Division

delivers to the Committees on Appropriations a cost and operational effectiveness analysis [COEA] for IDENT/IAFIS. The COEA

should cover all Justice Department costs, not just those of the

Border Patrol or the INS. The remaining $1,000,000 shall be for a

pilot program for software for IAFIS that is capable of expedited
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background checks and that is capable of 10-fingerprint to 2-fingerprint comparisons.

CHIMERA

Appropriations, 2002 ............................................................................. ...........................

Budget estimate, 2003 ........................................................................... ...........................

Committee recommendation ................................................................. $83,400,000

This new account funds the design, development, testing, and deployment of an interoperable computer network, ‘‘Chimera’’, for the

Immigration and Naturalization Service. The Committee recommends an appropriation of $83,400,000. The recommendation is $83,400,000 above the budget request. This

request is identical to a requested Homeland Security program increase under INS.

INS suffers to an extreme from information technology (IT)

‘‘stovepiping’’. Over the years, INS has developed a myriad of independent systems to address specific needs or missions. These systems tend not to replace, but serve as an adjunct to, paper-driven

processes. The systems have limited capability and are rarely compatible either internally or with other agencies. The significant

funds invested in these systems have yielded little results.

Today, like the FBI, INS needs a more coordinated approach to

avoid reprehensible errors, such as the Resendez-Ramirez and

Atta/Alshehhi embarrassments. In the first, Border Patrol didn’t

know what FBI was doing. In the second, benefits didn’t know

what enforcement was doing. So, first and foremost, INS needs to

be running on a common platform with common databases accessible, as needed and authorized, by all on the network.

Section 202 of the ‘‘Enhanced Border Security and Visa Entry

Reform Act of 2002’’ recognized this critical deficiency and mandated the creation of an interoperable law enforcement and intelligence data system known as Chimera. Chimera will be a common

hardware/software backbone deployed INS–wide. It will serve as

the searchable, shareable repository of data bases migrated from

existing (‘‘legacy’’) INS systems that are incompatible with one another and with other law enforcement, State Department, and intelligence community systems. It also will serve as the foundation

for student tracking and entry/exit applications.

Chimera is envisioned as a clone of Trilogy, the FBI’s computer

modernization program. In an effort to not repeat past mistakes,

the FBI is directed to make a formal presentation to both the Justice Management Division [JMD] and the Appropriations Committees on lessons learned from Trilogy not later than October 15,

2002.

The Committee directs the JMD to manage Chimera. To the degree prudent, the Chimera program must: (1) leverage commercialoff-the-shelf software, (2) piggyback on past INS, Justice, and Federal Government information technology [IT] investments, and (3)

quickly identify and dismantle or migrate legacy systems that have

reached the end of useful service life or are of marginal value to

the execution of core INS missions. JMD may also assess the value

of developing and testing a prototype integrated database. To that

end, JMD shall undertake a comprehensive survey of existing INS

IT systems to build a definitive baseline of current capabilities and
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deficiencies. The design of Chimera’s architecture should build directly upon this foundation.

Prior to the next phase of investment in Chimera, JMD shall

brief the Committees on Appropriations on: (1) current INS IT systems capabilities and shortcomings, (2) opportunities to leverage

technical solutions developed, or lessons learned, by other Federal

agencies and private industry, (3) program priorities designed to

maximize INS performance as quickly as possible, and (4) projected

schedule, with modular and measurable milestones, and costs, by

fiscal year.

LEGAL ACTIVITIES OFFICE AUTOMATION

Appropriations, 2002 ............................................................................. $15,765,000

Budget estimate, 2003 ........................................................................... 15,942,000

Committee recommendation ................................................................. 77,127,000

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]. Previously, LAOA funding was included under ‘‘General Legal Activities’’. The adoption of a common standard and uniform equipment

across Justice components has improved efficiency and saved

money. The Committee recommends an appropriation of $77,127,000. The recommendation is $61,185,000 above the budget request and

$42,527,000 more than last year’s level. The Committee has not

adopted a recommendation to use prior year funds and has instead

appropriated the entire amount sought for LAOA. The Committee

has made an exception to the philosophy underlying the proposed

mark, because of the importance it places on migrating justice components to a common information technology platform.

LAOA is the computer modernization program for the legal divisions, 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, and the offices

funded through the ‘‘General Administration’’ and ‘‘General Legal

Activities’’ accounts. 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 incorporates the Bureau of Prisons and Office of Justice Programs

into the network.

NARROWBAND COMMUNICATIONS

Appropriations, 2002 ............................................................................. $94,615,000

Budget estimate, 2003 ........................................................................... 149,254,000

Committee recommendation ................................................................. 229,400,000

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 [LMR] systems in the

VHF band must convert by January 1, 2005.

The Committee recommends an appropriation of $229,400,000.

The recommendation is $80,146,000 above the budget request to
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address requirements of this critical program. The recommendation

includes a 4.1 percent pay adjustment for Federal employees. Previously, narrowband communications compliance funding was scattered among various Justice components.

The Committee notes that Justice has signed a Memorandum of

Understanding with the Treasury Department committing both to

a joint design. Hopefully, Treasury will decide to become a full

partner in the deployment and installation of the Justice Wireless

Network [JWN]. A number of critical development milestones

should be reached between June 2002 and March 2003, and the

Committee expects the Wireless Management Office to keep it fully

apprised of program progress.

Central management of narrowband radio investments will retain (1) maximize resource sharing; (2) ensure system efficiency

and interoperability; and (3) sharply reduce up front and out year

costs Department-wide, the more so if Treasury fully commits to

the JWN.

COUNTERTERRORISM FUND

Appropriations, 2002 ............................................................................. $4,989,000

Budget estimate, 2003 ........................................................................... 35,000,000

Committee recommendation ................................................................. ...........................

The Committee does not recommend an appropriation for the

‘‘Counterterrorism fund’’ account. The recommendation is

$35,000,000 below the request and $4,989,000 below the fiscal year

2002 appropriation. The funding provided for the Counterterrorism

Fund in fiscal year 2002 does not recur in fiscal year 2003 and the

$35,000,000 requested as a Homeland Security program increase

for this account in fiscal year 2003 is included under salaries and

expenses of the Federal Bureau of Investigation. The Committee is

aware that there will be carryover balances available in fiscal year

2003 in excess of $43,000,000.

The purpose of the fund is to: (1) cover the costs incurred in reestablishing the operational capability of an office or facility which

has been damaged or destroyed as a result of any domestic or

international terrorist incident; (2) cover the costs of providing support to counter, investigate, or prosecute domestic or international

terrorism, including payment of rewards in connection with these

activities; and (3) cover the costs of conducting a terrorism threat

assessment of Federal agencies and their facilities.

The budget request, however, included an additional $35,000,000

not for the fund’s intended mission of providing the Justice Department needed flexibility in the days immediately following a catastrophe, but for regular operations of the Federal Bureau of Investigation [FBI] and the Drug Enforcement Administration [DEA].

Specifically, the budget request included this funding to serve as

FBI reimbursements to the DEA for intelligence derived from the

Special Operations Division [SOD]. This funding is therefore included in the salaries and expenses account of the FBI.

ADMINISTRATIVE REVIEW AND APPEALS

Appropriations, 2002 ............................................................................. $177,147,000

Budget estimate, 2003 ........................................................................... 193,535,000

Committee recommendation ................................................................. 180,466,000
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The Executive Office for Immigration Review [EOIR] includes the

Board of Immigration Appeals, 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. The Committee recommends an appropriation of $180,466,000. The recommendation is $13,069,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level and a 4.1 percent pay adjustment for Federal employees.

DETENTION TRUSTEE

Appropriations, 2002 ............................................................................. $1,000,000

Budget estimate, 2003 ........................................................................... 1,388,566,000

Committee recommendation ................................................................. 1,385,966,000

The Detention Trustee oversees Federal detainees. The Committee recommends an appropriation of $1,385,966,000. The recommendation is $2,600,000 below the budget request.

Last year, the Committee’s recommendation for the Detention

Trustee included funding for the Justice Prisoner and Alien Transportation System [JPATS] and requested that the Justice Department include in its fiscal year 2003 budget request a proposal to

centralize all detention funding under the Trustee. The Committee

recommendation included that direction because only with control

of funding can the Detention Trustee effectively oversee and manage detention. The Committee is pleased that the budget request

met the Committee’s recommendation last year to the extent that

it centralizes funding for the Federal Prisoner Detention Program

and the Immigration and Naturalization Service’s Service Processing Center within the Department of Justice Detention Trustee.

However, while the Trustee has management responsibility for

detention, and finally has been given control of funding for bed

space, detention personnel still remain under the control of the various components. Without control of personnel, the Trustee will be

forced to regularly contend with Presidentially-appointed officials

in the Marshals Service [USMS], the Immigration and Naturalization Service [INS], and the Bureau of Prisons [BoP] who may disagree with his ‘‘guidance’’. If the Trustee is to effectively manage

bed space, he must control the experts that negotiate inter-governmental agreements. Therefore, not later than 45 days after enactment of this Act, the Justice Department is directed to transfer

such personnel from the USMS, INS, and BoP to the Detention

Trustee as may be necessary to give the Trustee full operational

control of bed space management. To the degree possible, such

transfers should be voluntary and involve a minimum of disruption. Should said transfers not occur by this date, the $1,870,000

provided under this heading for additional management personnel

shall immediately be transferred to the Working Capital Fund.

Because of the unique nature of the activities undertaken in this

account, the Committee has broken with the general philosophy

underlying the recommendation by providing the budget request

rather than the fiscal year 2002 funding level. Almost all of the
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funding proposed under this heading is for contract bed space. Bed

space requirements are based on projections of the total number of

detainees and the total number of incarceration days. These costs

are essentially mandatory, since failure to pay them would result

in the release on bond or recognizance of suspects thought to be a

menace to public safety or a flight risk.

National clearinghouse for detention space.—The Committee fully

supports the notion of a one-stop shop for detention space. Such a

clearinghouse may be the only way to break the current ‘‘seller’s

market’’ that has allowed local bed space providers to charge excessive daily rates. The Committee believes that existing Justice networks, such as Law Enforcement Online, may serve as a vehicle for

the clearinghouse or that lessons learned in the FBI’s Internet cafe ́

program may speed development of the clearinghouse. In cooperation with the Justice Department’s Chief Information Officer, the

Trustee is directed to pursue any and all cost-effective means of establishing the clearinghouse as rapidly as possible. The Committee

recommendation includes $5,000,000 for this effort. The Committee

expects to be regularly briefed on the Trustee’s progress in making

the clearinghouse a reality.

Justice Prisoner and Alien Transportation System.—The Committee is disappointed by the Justice Department’s failure to make

the Trustee the head of the Justice Prisoner and Alien Transportation System [JPATS]. As the Committee noted last year, endless

disputes between JPATS ‘‘customers’’ are distracting managers

from the complex task of operating an airline in a high security environment. As importantly, the lack of a sufficiently powerful manager leaves the program without an advocate in all-important

budget debates. The result is a wide-body fleet in such a ruinous

condition that only the dedication of the maintenance personnel

and pilots keep these aircraft in the air. These problems leave little

time to explore possible efficiencies in routing, scheduling, or other

operational areas. The Department’s proposed solution, outsourcing, fails to address the real issues affecting JPATS and is unacceptable except on a carefully limited, piecemeal basis. There

should be no confusion that ultimate responsibility for the safe and

secure transportation of prisoners rests solely with the Justice Department. That being so, the Trustee is directed to assume control

of JPATS operations not later than January 1, 2003. The Committee will consider a reprogramming request to fund a business

process re-engineering study after the Trustee has taken over

JPATS and after the immediate need to replace aging wide-body

aircraft has been fully addressed.

OFFICE OF INSPECTOR GENERAL

Appropriations, 2002 ............................................................................. $50,735,000

Budget estimate, 2003 ........................................................................... 63,937,000

Committee recommendation ................................................................. 54,825,000

The Committee recommends an appropriation of $54,825,000.

The recommendation is $9,112,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level, a 4.1 percent pay adjustment for Federal employees, and

$3,000,000 for requested Homeland Security program increases.
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The Committee recommendation includes an increase of

$3,000,000 for 3 attorneys, 10 agents, and 12 auditors or program

analysts to provide effective oversight of the Department’s

counterterrorism program. As the Inspector General [IG] noted in

his budget justification, the Department’s Strategic Plan for 2001–

2006 ‘‘notes the significant management challenge facing the Department as it seeks to effectively manage its counterterrorism program and avoid potential gaps in coverage or duplicate services

provided by state and local governments. In addition, the infusion

of billions of dollars into the Department’s efforts to combat terrorism presents its own set of challenges.’’ The Committee concurs

with the judgment of the IG and looks forward to regular progress

reports.

U.S. PAROLE COMMISSION

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $9,876,000

Budget estimate, 2003 ........................................................................... 10,862,000

Committee recommendation ................................................................. 10,114,000

This Commission is an independent body within the Department

of Justice which makes decisions regarding requests for parole and

supervision of Federal prisoners. The Committee recommends an appropriation of $10,114,000. The recommendation is $748,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level and a 4.1 percent pay adjustment for Federal employees.

The Parole Commission is scheduled to be phased out November

1, 2002 as a result of the creation of sentencing guidelines. The

Committee is aware that legislation has been proposed to extend

the Parole Commission beyond this statutory phase out date. Funding provided for this account is subject to the enactment of this authorization.

LEGAL ACTIVITIES

GENERAL LEGAL ACTIVITIES

Appropriations, 2002 ............................................................................. $561,676,000

Budget estimate, 2003 ........................................................................... 645,299,000

Committee recommendation ................................................................. 579,495,000

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 recommends an appropriation of $579,495,000.

The recommendation is $65,804,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level, a 4.1 percent pay adjustment for Federal employees, Homeland Security related funding for the Criminal Division, and

$1,996,000 for the administrative expenses associated with the Radiation Exposure Compensation Act [RECA], which was previously

funded under a separate account.
15

Radiation Exposure Compensation Act Administrative Expenses.—The recommendation includes $1,996,000 for the administrative expenses associated with the Radiation Exposure Compensation Act [RECA]. The Committee expects that additional resources required to process RECA will be absorbed from within

other resources available to the Civil Division. This program was

established to permit the payment of claims to individuals exposed

to radiation as a result of atmospheric nuclear tests and uranium

mining in accordance with the Radiation Exposure Compensation

Act of 1990.

Automated Litigation Support.—The administration requested

$25,000,000 for automated litigation support for the Department of

Justice tobacco lawsuit. The Committee notes that sufficient funding is already available for administering the litigation. The Committee also notes that the Department may use other accounts, as

necessary, to fund automated litigation support and other needs, so

that the Department may pursue this lawsuit.

Courtroom technology.—To further enhance the presentation of

evidence, as well as rapidly accelerate the pace of trials, the Committee recommendation provides $5,200,000 for courtroom technology to be distributed among the divisions on the basis of need.

THE NATIONAL CHILDHOOD VACCINE INJURY ACT

Appropriations, 2002 ............................................................................. $4,028,000

Budget estimate, 2003 ........................................................................... 4,028,000

Committee recommendation ................................................................. 4,028,000

This account covers Justice Department expenses associated with

litigating cases under the National Childhood Vaccine Injury Act of

1986. The Committee recommends a reimbursement of $4,028,000

for legal costs. The recommendation is identical to the fiscal year

2002 funding level and the budget request.

ANTITRUST DIVISION

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $130,791,000

Budget estimate, 2003 ........................................................................... 137,799,000

Committee recommendation (including carryover) ............................. 133,133,000

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 assumes a total of $133,133,000

in budget (obligational) authority. The recommendation is

$4,666,000 below the budget request. The Committee recommendation includes the fiscal year 2002 funding level and a 4.1 percent

pay adjustment for Federal employees.
16

U.S. ATTORNEYS

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $1,410,338,000

Budget estimate, 2003 ........................................................................... 1,506,373,000

Committee recommendation ................................................................. 1,474,779,000

This account supports the Executive Office for U.S. Attorneys

[EOUSA] 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.

The Committee recommends an appropriation of $1,474,779,000.

The recommendation is $31,594,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level, a 4.1 percent pay adjustment for Federal employees, and program enhancements and the annualization of personnel related to

Homeland Security. The Committee is aware that the U.S. Attorneys will receive $91,993,000 in reimbursements in fiscal year

2003. As in the past, Committee recommendations focus 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.

IT Infrastructure.—The Committee recommends a total of

$8,000,000 for the third and final phase of the overall telecommunications convergence initiative to implement Internet Protocol (IP)

Technology. These funds will allow the U.S. Attorneys to improve

performance, reliability, capacity, efficiency and security of the U.S.

Attorneys’ infrastructure by securely converging data, video, and

voice transport over a single IP network.

Fundamental Reform.—Last year, in an attempt to fix the U.S.

Attorneys’ resource allocation process, the Committee waived all

previous congressional guidance to the U.S. Attorneys regarding

initiatives and the designation of funds. In addition, the Committee

requested that the EOUSA submit a report to the Committees on

Appropriations on these proposed reforms no later than March 17,

2002. While the submitted report included a number of activities

currently underway by EOUSA to determine whether the resource

allocation process places attorneys where the workload demand dictates and where productive use of the resources is assured, the report provided no specific information about the implementation of

actual reform. The Committee therefore requests the EOUSA to

submit an updated status report on actions planned or taken for

actual reform to the Committees on Appropriations not later than

May 15, 2003.

Civil Defensive Litigation.—In light of the recent waiver of congressional designations of caseloads, the Committee does not recommend including additional resources specifically for civil defensive litigation. Rather, the Committee recommends an increase in

the number of authorized positions and full-time equivalent

workyears for the U.S. Attorneys. With this increase, the U.S. Attorneys may allocate resources as needed to better address the significant increase and complexity of cases in civil defensive litigation

over the last several years.
17

Courtroom technology.—The Committee recommendation pro- vides $5,000,000 for additional personnel and training to support

courtroom technology activities.

Cyber Crime and Intellectual Property Enforcement.—The U.S.

Attorneys shall report to the Committee not later than April 30,

2003 on the number of copyright law prosecutions undertaken in

the preceding year, including those under Public Law 105–147, by

type and location.

Port Security Pilot Project.—The Committee remains concerned

about security at U.S. seaports. The potential for crew members,

passengers, and dangerous cargo to illegally enter the country and

pose a threat to the country’s security remains a harsh reality. The

recommendation therefore includes $20,000,000 for four pilot

projects to enhance security at our Nation’s ports. Each of the pilot

projects shall be coordinated under an Anti-terrorism Task Force

and shall include Federal, State, and local law enforcement.

Legal education.—The Committee recommendation provides $18,842,000 for legal education and distance learning at the National Advocacy Center [NAC] as requested by the Administration.

If merited, the NAC may expand or include antiterrorism and

cybercrime classes. In addition, the Committee includes an additional $6,000,000 to acquire, upgrade, and equip space from the

University of South Carolina to expand, among other things, distance learning capabilities at the NAC. NAC State and local training funds are provided under the Office of Justice Programs.

Violent crime task forces.—The Committee recommends an additional $1,000,000 within available resources to continue and expand task force activities associated with Operation Streetsweeper.

U.S. TRUSTEE SYSTEM FUND

Appropriations, 2002 ............................................................................. $147,000,000

Budget estimate, 2003 ........................................................................... 167,510,000

Committee recommendation ................................................................. 150,381,000

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 recommends a total of $150,381,000 in budget authority. The recommendation is $17,129,000 below the budget request. The Committee recommendation includes the fiscal year

2002 funding level and a 4.1 percent pay adjustment for Federal

employees.

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.

FOREIGN CLAIMS SETTLEMENT COMMISSION

Appropriations, 2002 ............................................................................. $1,136,000

Budget estimate, 2003 ........................................................................... 1,136,000

Committee recommendation ................................................................. 1,136,000

The Committee recommends an appropriation of $1,136,000. The

recommendation is identical to the fiscal year 2002 funding level

and the budget request and fully provides for the adjudication of

claims against: Germany relating to World War II; Cuba relating
18

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.

U.S. MARSHALS SERVICE

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $643,896,000

Budget estimate, 2003 ........................................................................... 700,343,000

Committee recommendation ................................................................. 673,146,000

The U.S. Marshals Service is made up of 94 offices with the responsibility for the apprehension of fugitives, protection of the Federal judiciary, protection of witnesses, execution of warrants and

court orders, and the custody and transportation of the accused and

unsentenced prisoners.

The Committee recommends an appropriation of $673,146,000.

The recommendation is $27,197,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level, less non-recurring costs, and includes full funding for both a

4.1 percent pay adjustment for Federal employees and $29,736,000

for Homeland Security initiatives.

The Committee recommendations are displayed in the following

table:

United States Marshals Service

[in thousands of dollars]

Committee

recommendation

Prisoner moves ................................................................................................. 30,754

JPATS ........................................................................................................ 26,954

All other .................................................................................................... 3,800

Special assignments ........................................................................................ 8,900

Judicial security ....................................................................................... 4,800

High threat trials .............................................................................. 3,400

Judicial conferences .......................................................................... 400

All Other Judicial Protection ........................................................... 1,000

Investigative services ............................................................................... 2,600

15 Most Wanted ................................................................................ 100

Major case fugitive ............................................................................ 300

International offices .......................................................................... 300

Task forces ......................................................................................... 400

Extraditions ....................................................................................... 900

Witness security ................................................................................ 600

All other .................................................................................................... 1,500

Demonstrations (Vieques) ................................................................. 1,000

Unforeseeable requirements ............................................................. 500

District operating expenses ............................................................................ 33,807

Operations ................................................................................................. 27,707

Perimeter security (NY) .................................................................... 3,900

Protection details (NY) ..................................................................... 6,300

Deputy Attorney General detail ....................................................... 500

Travel ................................................................................................. 2,200

Supplies .............................................................................................. 5,700

Equipment rentals ............................................................................ 600

Equipment (fuel, ammunition, safety & technical) ........................ 2,207

Awards/overtime ................................................................................ 1,600

Communications ................................................................................ 2,400
19

Committee

recommendation

Services .............................................................................................. 2,300

Guards & temporary personnel ............................................................... 6,100

Agency-wide support ....................................................................................... 46,798

Telecommunication & IT ......................................................................... 20,064

Telephones ......................................................................................... 9,500

JCN/JCON recurring costs ............................................................... 10,564

Equipment, maintenance & miscellany .................................................. 7,922

Rentals of copiers/fax ........................................................................ 1,100

Meter mail, publishing/distribution, warehouse services .............. 2,100

Building maintenance (moves, locks) .............................................. 500

Field support:

Safes/gun lockers ........................................................................ 500

Hand/leg cuffs ............................................................................. 722

Financial systems—contract support ............................................... 500

Financial systems support costs ...................................................... 1,400

Transit subsidy .................................................................................. 300

Medical exams/operational personnel .............................................. 100

Background investigations ............................................................... 700

Vehicles ..................................................................................................... 10,424

Permanent change of station ................................................................... 3,338

Training academy & training .................................................................. 5,050

Headquarters operating expenses .................................................................. 22,904

Consumables ............................................................................................. 7,806

Travel ................................................................................................. 1,368

Office supplies/uniforms ................................................................... 1,089

Equipment/equip. rentals ................................................................. 991

Fuel .................................................................................................... 50

Ammunition ....................................................................................... 20

Safety/technical equipment .............................................................. 160

Technical/investigatory equip. .......................................................... 120

Overtime ............................................................................................ 571

Awards ............................................................................................... 792

Communications ................................................................................ 274

Contract ............................................................................................. 2,371

Special Operations Group ........................................................................ 1,578

Electronic Surveillance Unit .................................................................... 7,700

Fugitive Task Forces ................................................................................ 2,735

WIN/Commercial/Other Databases ......................................................... 2,766

DoD schools reimbursement .................................................................... 319

Rent .................................................................................................................. 130,360

Headquarters security ..................................................................................... 1,600

Salaries and benefits ....................................................................................... 385,212

Protection of Judicial Process .................................................................. 211,029

Prisoner Transportation ........................................................................... 10,039

Fugitive Apprehension ............................................................................. 90,834

Electronic Surveillance Unit ............................................................ [5,461]

Fugitive Task Forces ......................................................................... [5,524]

Special Operations Group ................................................................. [1,289]

Seized Asset Management ....................................................................... 3,559

D.C. Superior Court ................................................................................. 21,616

Service of Process ..................................................................................... 11,122

Training Academy .................................................................................... 2,313

ADP/Telecommunications ........................................................................ 8,364

Management & Administration .............................................................. 26,336

Adjustments for prior year activity ................................................................ 750

Total, United States Marshals Service ............................................... 661,085

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2003. The Committee recommendations are discussed in more detail in the following paragraphs.

The Committee recommendation includes $2,766,000 (excluding a

$500,000 transfer from the Justice Detainee Information System)

to improve and maintain the Warrant Information Network and to
20

continue subscriptions to various government and private networks

and on-line services and $3,300,000 for Electronic Surveillance

Unit recurring costs.

Courthouse Security Personnel.—The Committee is aware that

the Marshals are manipulating vacancies to recover funds to cover

shortfalls in other areas. Until the Marshals hire up to authorized

levels, the Committee sees little reason to fund additional personnel. The Committee directs the Marshals to provide a report to

the Committees on Appropriations describing the nature and extent of chronic shortfalls in their base budget. The report should

be delivered not later than September 15, 2002.

Courthouse security equipment.—This account funds security

equipment, furnishings, relocations, and telephone systems and cabling. The Committee recommendation provides $12,061,000 for

courthouse security equipment. This equipment will outfit newly

opening courthouses in the following locations:

USMS Courthouse Security Equipment

[In thousands of dollars]

Committee

recommendation

Detainee Facilities:

Decatur, AL ............................................................................................... 45

Florence, AL .............................................................................................. 30

Gadsen, AL ................................................................................................ 40

Tuscaloosa, AL .......................................................................................... 45

Hot Springs, AR ........................................................................................ 805

Little Rock, AR ......................................................................................... 65

Fort Myers, FL ......................................................................................... 150

Key West, FL ............................................................................................ 683

Miami, FL ................................................................................................. 110

Rome, GA .................................................................................................. 110

Hammond, IN ........................................................................................... 70

Terre Haute, IN ........................................................................................ 438

Carbondale, IL .......................................................................................... 150

Rock Island, IL ......................................................................................... 390

Springfield, MA ......................................................................................... 150

Bangor, ME ............................................................................................... 75

Flint, MI .................................................................................................... 120

Marquette, MI ........................................................................................... 150

Natchez, MS .............................................................................................. 545

Billings, MT .............................................................................................. 240

Great Falls, MT ........................................................................................ 20

Helena, MT ............................................................................................... 24

Greensboro, NC ........................................................................................ 930

Roswell, NM .............................................................................................. 50

Santa Fe, NM ........................................................................................... 120

Buffalo, NY ............................................................................................... 110

Columbus, OH .......................................................................................... 180

Dayton, OH ............................................................................................... 150

Toledo, OH ................................................................................................ 225

Lawton, OK ............................................................................................... 272

Erie, PA ..................................................................................................... 500

Pittsburgh, PA .......................................................................................... 600

Anderson, SC ............................................................................................ 65

Sioux Falls, SD ......................................................................................... 385

Laredo, TX ................................................................................................ 40

Danville, VA .............................................................................................. 75

Newport News, VA ................................................................................... 390

Seattle, WA ............................................................................................... 265

Green Bay, WI .......................................................................................... 180
21

Committee

recommendation

Cheyenne, WY .......................................................................................... 144

Subtotal ................................................................................................. 9,136

ADT Security Equipment Maintenance ......................................................... 1,400

Security Engineering Services ........................................................................ 673

Safety Program ................................................................................................ 852

Total, USMS Security Equipment ....................................................... 12,061

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2003.

The recommendation transfers funding for the Marshal’s safety

and health program from the ‘‘Salaries and Expenses’’ account to

this subaccount.

Fugitive apprehensions.—Last year, the Committee directed the

Marshals to establish task forces in New York City and Los Angeles dedicated full-time to the pursuit of the most dangerous fugitives on the eastern and western seaboard. The Committee notes

with concern that the annualization of costs for the two task forces

appears inadequate. In addition, the Committee believes that the

establishment of two additional centrally-managed fugitive task

forces in the heartland is essential to properly cover fugitive caseload. Therefore, the Committee recommendation includes an additional $2,268,000 to fully annualize the two existing task forces,

and $5,832,000 for two new task forces, of which $3,856,000 is for

the full year costs of 1811s and support staff on the task forces,

$485,000 is for equipment and expenses, $335,000 is for State and

local overtime and informant payments, and $1,155,000 is for permanent change of station moves. In addition, the Committee recommendation provides an increase of $5,500,000 over the fiscal

year 2003 request for electronic surveillance unit [ESU] personnel,

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.

Vehicles.—The Marshals Service’s approach to fleet management

is ‘‘run to failure’’. Though Federal guidelines call for replacing sedans after 3 years or 60,000 miles and SUVs after 4 years or

40,000 miles to avoid chronic problems with availability and excessive operations and maintenance costs, the Marshals have no fleet

replacement cycle. As a result, deputies are chasing fugitives or

transporting prisoners in vehicles whose unreliability pose an unnecessary risk to deputies. The Committee has scrutinized the

Marshals’ budget looking for low priority items that could be reduced or eliminated to free up resources for vehicle purchases. The

Committee recommendation provides $10,424,000 for vehicle purchases. This shall be treated as a permanent increase to the base.

None of these vehicles are to be assigned to headquarters.

Information Technology.—The Committee was pleased by the

generous allocation of Legal Activities Office Automation funds

made available to the Marshals in fiscal year 2002, but was surprised by the absence of a request for recurring funds in fiscal year

2003. The Committee assumes this to have been an inadvertent

oversight. Robust and continuing investments in information tech-
22

nology ensures that the state of the art system of today is not the

antique of tomorrow. The Committee recommendation provides an

increase of $10,564,000 for circuit costs, courthouse moves, licenses,

help desk and other operations and maintenance costs, and technology refreshment. The Committee expects not less than

$17,179,000 for information technology recurring costs to be included in the fiscal year 2004 request as an adjustment to base.

CONSTRUCTION

Appropriations, 2002 ............................................................................. $24,125,000

Budget estimate, 2003 ........................................................................... 15,126,000

Committee recommendation ................................................................. 15,126,000

This account funds construction, security, and furniture at existing courthouses. The Committee recommends an appropriation of

$15,126,000. The Committee recommendation includes the fiscal

year 2002 funding level, less non-recurring costs, and includes full

funding for both a 4.1 percent pay adjustment for Federal employees and $13,273,000 for Homeland Security initiatives.

The Committee is aware that a recently-conducted 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.

Years of neglect have created this deplorable situation, posing

risks to the judicial family, the public, and the Marshals themselves. The Committee is intent on remedying courthouse deficiencies before a tragedy occurs. The Committee recommendations,

by project, are displayed in the following table:

USMS Construction

[In thousands of dollars]

Committee

recommendation

Construction:

Florence, AL .............................................................................................. 980

El Dorado, AR ........................................................................................... 807

Fayetteville, AR ........................................................................................ 800

El Centro, CA ............................................................................................ 600

Athens, GA ................................................................................................ 750

Sioux City, IA ........................................................................................... 810

Boise, ID .................................................................................................... 50

East St. Louis, IL ..................................................................................... 175

Rock Island, IL ......................................................................................... 300

Port Huron, MI ......................................................................................... 850

Fergus Falls, MN ...................................................................................... 100

Billings, MT .............................................................................................. 920

Great Falls, MT ........................................................................................ 400

Wilmington, NC ........................................................................................ 750

Anderson, SC ............................................................................................ 823

Charlottesville, VA ................................................................................... 750

Newport News, VA ................................................................................... 250

Green Bay, WI .......................................................................................... 300

Beckley, WV .............................................................................................. 50

Bluefield, WV ............................................................................................ 300

Charleston, WV ......................................................................................... 125
23

Committee

recommendation

Cheyenne, WY .......................................................................................... 410

Subtotal, construction ................................................................... 13,200

Planning, Design, & Relocation:

Rome, GA .................................................................................................. 110

Carbondale, IL .......................................................................................... 350

Hammond, IN ........................................................................................... 50

Bangor, ME ............................................................................................... 100

Gulfport, MS ............................................................................................. 30

Natchez, MS .............................................................................................. 30

Durham, NC .............................................................................................. 475

Roswell, NM .............................................................................................. 250

Santa Fe, NM ........................................................................................... 500

Buffalo, NY ............................................................................................... 110

Toledo, OH ................................................................................................ 100

Lawton, OK ............................................................................................... 475

Erie, PA ..................................................................................................... 320

Fort Worth, TX ......................................................................................... 135

Laredo, TX ................................................................................................ 20

Marshal, TX .............................................................................................. 110

Texarkana, TX .......................................................................................... 110

Danville, VA .............................................................................................. 75

Lynchburg, VA .......................................................................................... 30

Seattle, VA ................................................................................................ 50

Subtotal ................................................................................................. 3,430

Schedules & slippages ..................................................................................... (3,110)

Minor repairs ................................................................................................... 375

ADT security equipment maintenance .......................................................... 531

Security specialist consultants/construction engineers ................................ 750

Total, USMS Construction ................................................................... 15,126

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 for fiscal year 2003.

Construction engineering consultants.—The Committee is aware

that the Marshals have been using funds allocated by Congress for

consulting services on construction projects to pay the Federal salaries of 9 permanent employees hired in fiscal year 2000. Apparently, this diversion of funds was prompted by confusion over terms

and dollar amounts used by the Marshals and Congress. The Committee expects the salaries of permanent employees to be paid out

of the ‘‘Salaries and Expenses’’ account and the salaries for construction consultants to be paid out of this account. The Marshals

are directed to report on the proper execution of the construction

engineering funds not later than 30 days after enactment of this

Act.

Billings, MT.—The funds provided for construction for Billings

shall only be available to renovate the Marshals Service space, including designated prisoner movement and holding areas, in the

existing Federal courthouse, space previously occupied by the Bureau of Indian Affairs. No other proposals are to be considered.
24

JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM

Appropriations, 2002 ............................................................................. ...........................

Budget estimate, 2003 ........................................................................... ...........................

Committee recommendation ................................................................. $56,000,000

This account funds prisoner air transportation operations and

maintenance, aircraft procurement, and facilities.

The Committee recommends an appropriation of $56,000,000.

The recommendation is $56,000,000 above the budget request. As

with other accounts that fund programs related to detention and

incarceration, the Committee recommendation for the Justice Prisoner and Alien Transportation System [JPATS] deviates from the

general philosophy underlying the recommendation. JPATS’ per

passenger pricing structure makes no provision for the capitalization of assets. The result is that large body aircraft responsible for

prisoner movements will be flown until grounded for structural failure or other safety reasons. No replacements are planned. Therefore, unless Congress intervenes, the JPATS fleet will be allowed

to diminish until no aircraft remain. Justice has no plan for dealing

with the resulting crisis. Thus, in this case, the Committee recommendation has provided the funds necessary to avert disaster

before it occurs.

The funds provided will allow the Marshals to procure four modern, fuel efficient, wide body aircraft and spares to replace four

first generation airliners that have reached the end of their useful

service lives. The Marshals shall report to the Committees on Appropriations on its procurement strategy not later than November

15, 2002.

FEDERAL PRISONER DETENTION

Appropriations, 2002 ............................................................................. $706,182,000

Budget estimate, 2003 ........................................................................... ...........................

Committee recommendation ................................................................. ...........................

No funds are requested or recommended under the Federal Prisoner Detention Program. The budget request met the Committee’s

recommendation last year by centralizing funding for detention activities within the Federal Prisoner Detention Program and the Immigration and Naturalization Service under the Department of

Justice Detention Trustee. This recommendation is identical to the

budget request.

FEES AND EXPENSES OF WITNESSES

Appropriations, 2002 ............................................................................. $156,145,000

Budget estimate, 2003 ........................................................................... 156,145,000

Committee recommendation ................................................................. 156,145,000

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.

The Committee recommends an appropriation of $156,145,000.

The recommendation is identical to the fiscal year 2002 funding

level and the budget request.
25

COMMUNITY RELATIONS SERVICE

Appropriations, 2002 ............................................................................. $9,269,000

Budget estimate, 2003 ........................................................................... 9,364,000

Committee recommendation ................................................................. 9,474,000

The Community Relations Service [CRS] provides assistance to

communities and persons in the prevention and resolution of disagreements relating to perceived discriminatory practices.

The Committee recommends an appropriation of $9,474,000,

which is $110,000 above the budget request. The Committee recommendation includes the fiscal year 2002 funding level and a 4.1

percent pay adjustment for Federal employees.

ASSETS FORFEITURE FUND

Appropriations, 2002 ............................................................................. $22,949,000

Budget estimate, 2003 ........................................................................... 22,949,000

Committee recommendation ................................................................. 22,949,000

The Committee recommends an appropriation of $22,949,000.

The recommendation is identical to the fiscal year 2002 funding

level and the budget request. This account provides funds to supplement existing resources to cover additional investigative expenses of the FBI, DEA, INS, and U.S. Marshals, 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.

RADIATION EXPOSURE COMPENSATION

ADMINISTRATIVE EXPENSES

Appropriations, 2002 ............................................................................. $1,996,000

Budget estimate, 2003 ........................................................................... 1,996,000

Committee recommendation ................................................................. ........................

No funds are recommended under this account. Rather, full funding for the administration expenses of the Radiation Exposure

Compensation Fund is provided under the Civil Division of General

Legal Activities.

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

Appropriations, 2002 ............................................................................. $338,577,000

Budget estimate, 2003 ........................................................................... 362,131,000

Committee recommendation ................................................................. 347,102,000

The Interagency Crime and 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.

The Committee recommends an appropriation of $347,102,000.

The recommendation is $15,029,000 below the budget request. The
26

Committee recommendation includes the fiscal year 2002 funding

level and a 4.1 percent pay adjustment for Federal employees.

Special Operations Division Generated Wiretap Investigations.— The recommendation includes $6,774,000 to enhance the Organized

Crime Drug Enforcement Task Force’s [OCDETF’s] capability to

conduct complex, multi-district investigations developed from the

Special Operations Division [SOD] intelligence and coordination, in

order to target and dismantle significant drug trafficking organizations. Of that amount, $6,050,000 shall be for critical DEA field office staffing in areas of the country with the largest drug supply

and $724,000 shall be for the Criminal Division of General Legal

Activities to establish an electronic surveillance tactical support

group consisting of attorneys and paralegals that can be sent on

short-term deployments to U.S. Attorney offices that require assistance in conducting electronic surveillance in OCDETF investigations.

State and Local Overtime.—Overtime for State and local law enforcement officers who support OCDETF investigations has traditionally been funded by the Department of Justice Assets Forfeiture Fund (AFF). This year, OCDETF has included $8,000,000 in

its request for State and local overtime out of concern that declining AFF receipts will be insufficient to cover these costs. The Committee supports the role of State and local law enforcement with

OCDETF, but believes the AFF remains the proper source of funding for overtime. Should funds not be available for this purpose

within AFF, the Committee will entertain a reprogramming request from an alternative source of funding.

To ensure that the Immigration and Naturalization Service [INS]

only seeks reimbursable funds if INS agents are actually performing task force work, the INS is directed to match at least 25

percent of each reimbursable dollar from their direct appropriation

on Organized Crime and Drug Enforcement Task Force cases before they can be reimbursed from this account.

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $4,236,073,000

Budget estimate, 2003 ........................................................................... 4,202,587,000

Committee recommendation ................................................................. 4,202,587,000

The Committee recommends an appropriation of $4,202,587,000.

The recommendation is identical to the budget request. The Committee recommendation includes the fiscal year 2002 funding level,

less non-recurring costs, and includes full funding for both a 4.1

percent pay adjustment and $493,330,000 for homeland security

initiatives and related personnel. The Committee is aware that up

to $103,300,000 in uncommitted carryover will be available to

apply to this account and expects that new found efficiencies

(‘‘elimination of sixth men’’) will free up additional resources.

The Committee recommendation highlights the following initiatives:

Intelligence Production.—The recommendation includes an additional $7,731,000 to enhance headquarters and field office analytical capabilities to support the FBI’s counterterrorism program, in-
27

cluding 20 headquarters Intelligence Research Specialists [IRSs]

and 90 field IRS positions. IRSs provide time-sensitive analyses in

support of investigations/operations and programmatic issues and

strategic analyses aimed at identifying investigative priorities. Expertise in understanding current and projected terrorism threats

shall be a prerequisite for these positions.

Hazardous Materials Response Capabilities.—Now more than

ever, law enforcement personnel must be properly trained and

equipped to encounter crime scenes where hazardous materials

may be present. The Committee therefore includes an additional

$9,333,000 for the FBI’s Hazardous Materials Response Unit

(HMRU) and an additional $3,272,000 for the Hazardous Devices

School (HDS).

The HMRU provides an integrated approach to ensuring the safe

and effective response to criminal acts and incidents involving hazardous materials, including specialized response teams, a national

training program, interagency liaison, technical assistance to FBI

field and Headquarters divisions, and the development of field response programs. The Unit trains, equips, and certifies FBI field office personnel for hazardous materials operations.

The HDS prepares public safety bomb technicians (BTs) to locate,

identify, render safe, and dispose of improvised hazardous devices,

including those containing explosives, incendiary materials, and

materials classified as weapons of mass destruction (WMD). The

program also includes training in the use of specialized equipment

and protective clothing needed for the safe disposal of explosive

materials. These funds will provide additional courses for BTs and

provide necessary operations and maintenance funding associated

with practical training villages.

Evidence Response Team Program.—The Evidence Response

Team Program (ERTP) provides management and training for field

personnel who are responsible for providing forensic and crime

scene services. These personnel must respond to case investigations

with the most current techniques, procedures, and equipment to

ensure that critical evidence is identified and gathered for forensic

analysis. The recommendation includes an additional $5,722,000

for personnel, training, field office supplies, equipment, surveying

stations, underwater equipment and contractor support, physicals,

canine evidence recovery, and technology assisted search team

operational travel and equipment.

Cybercrime and Intellectual Property Enforcement.—Twenty-five

percent of the software produced in the United States has been

copied illegally in violation of U.S. copyright laws. Other industries

have similarly suffered from high rates of counterfeiting, including

pharmaceuticals, automobile manufacturing, videos and music. The

estimate of lost revenue to such industries exceeds

$300,000,000,000 annually. The Committee provides $10,000,000 of

available resources for the vigorous pursuit of Federal copyright

law violations.

Federal Convicted Offender Program.—The recommendation includes an additional $867,000 for the Federal Convicted Offender

(FCO) Program. Last year, the FCO Program’s authority to collect

DNA samples was expanded to include additional crimes of violence and terrorism-related offenses. This funding will support 5
28

positions to manage and type Federal convicted offender samples,

purchase equipment, and fund additional expenses related to this

effort.

Polygraph Program.—In the past, the FBI only conducted polygraphs on new employees and individuals with access to certain

sensitive programs or cases. The recommendation includes an additional $6,804,000 to expand the FBI’s polygraph program to include

periodic polygraph examinations for individuals who have broad access to the FBI’s most sensitive information and for employees

leaving for and returning from permanent foreign assignments.

Serial rapists.—The Violent Criminal Apprehension Program

[ViCAP] has proven valuable in pursuing serial killers by fusing

evidence across cases and jurisdictions. The Committee believes

that expanding ViCAP to include sexual assault cases would greatly improve the ability of law enforcement at all levels to identify,

capture, and prosecute serial rapists. Therefore, the Committee recommendation includes $1,005,000 to expand ViCAP to include rape

cases.

Forensic research.—The FBI Laboratory’s forensic research

spending plan for fiscal year 2002 was very impressive. The Committee is aware that the FBI Laboratory still has a long list of unfunded research projects. The Committee recommendation includes

an increase of $8,056,000 over last year’s level to fund the highest

priority forensic research proposals submitted to the Committee as

part of the fiscal year 2002 spend plan. The FBI shall report back

to the Committees on Appropriations on the disposition of these resources not later than February 1, 2003.

Center for Forensic Services in Indian Country.—Forensic services supporting general criminal investigations in Indian Country

are currently provided through a patchwork of forensic support systems that do not adequately serve the needs of Federal and Tribal

criminal justice systems. Most of Indian Country lacks timely examination of forensic evidence which has crippled investigators,

prosecutors and the courts. The Committee recommendation therefore includes $6,000,000 to establish and operate a Center for Forensic Services in Albuquerque, New Mexico to be managed by the

FBI Laboratory. The Center shall provide high-quality evidence examination, crime scene training, and other forensic services to investigators and prosecutors in Federal and Tribal cases throughout

Indian Country.

Mitochondrial DNA.—The Committee recommendation includes

$4,000,000 to maintain or establish 4 regional mitochondrial DNA

[mtDNA] forensic labs in affiliation with the FBI Laboratory. The

labs will analyze mtDNA from human remains or other evidence to

assist law enforcement in the identification of missing persons or

perpetrators. Affiliation with the FBI Laboratory ensures that uniform standards and procedures are maintained by all of the participating laboratories doing mtDNA analysis. The Committee notes

that the four scientists and technicians required to oversee regional

mtDNA labs were funded last year, but the labs themselves were

not.

Investigative data warehousing.—Investigative data warehousing

is phase II of Trilogy, the FBI’s computer modernization initiative.

Phase I of Trilogy will fuse into an enterprise database, the so-
29

called Virtual Case File [VCF], a handful of key legacy databases,

currently stovepiped, that are central to the day-to-day investigatory and intelligence gathering activities of the Bureau. Investigative data warehousing will migrate an additional 34 priority, highly

specialized legacy databases, also currently stovepiped, into the

VCF. This program is essential for the FBI to fully access its collected data. The Committee recommendation includes $50,300,000

for investigative data warehousing. Knowing the magnitude of this

project, the Committee looks forward to regular updates on its

progress. The first briefing shall occur within 30 days of the enactment of this Act and shall address in detail the execution plan for

fiscal year 2003.

Information assurance.—The Committee has been very impressed by the comprehensive approach to, and rapid development

of, information assurance capabilities at the Bureau. A series of

wide ranging and very comprehensible briefings provided excellent

insight into the program’s scope, capabilities, and goals. The Committee recommendation includes $18,435,000 to continue information assurance initiatives undertaken last year. The Committee expects that the ‘‘one stop shopping’’ information desk for security

customers will be fully operational by the end of the fiscal year.

The Committee recommendation also includes $29,738,000 for the

Enterprise Security Operations Center [ESOC]. With the lack of information included in the FBI’s budget request about the ESOC,

funding was provided only as a result of a candid and thorough

briefing at the unclassified level. The Committee notes the necessity of total disclosure to ensure funding for initiatives.

Security and Exchange Commission Threat Assessment.—The

Committee directs the Force Protection Unit of the Security Division to conduct a threat assessment of the Security and Exchange

Commission to ensure the safety of its employees. The FBI shall

submit a report to the Committees on Appropriations on its findings not later than March 15, 2002.

Collaborative capabilities.—The Committee recommendation includes $11,000,000 for collaborative capabilities. Collaborative capabilities are phase III of Trilogy. Collaborative capabilities will

open the FBI’s heretofore closed, classified computer network to

other Federal, State, and local law enforcement and intelligence

agencies. There is concern with this effort. An open network is inherently vulnerable to attack. Fortunately, Internet cafe, a standalone system for web access, should provide the Bureau with time

to perfect a secure, shared network. The Committee believes that

extensive lab testing followed by thorough piloting is essential to

the success of this initiative. The Committee looks forward to observing lab and field demonstrations at every critical milestone in

the development of collaborative capabilities.

Analytical tools for data mining and visualization.—The Committee is familiar with the demonstrated value of these software

tools and has provided money in the past for the acquisition of earlier versions. The Committee recommendation provides $5,000,000

for analytical tools. The Committee directs the Bureau to provide

the Committees on Appropriations with a detailed spend plan that

shall not require Congressional approval after it has decided how

best to use the funds provided.
30

Internet cafe.—The Committee is aware that the FBI is wrestling

with the risks of opening its previously closed computer network to

the Web. The Committee is fully aware that no security system can

fully protect its host from threats on the Internet. Still, an enormous amount of freely- or commercially-available information can

be found on the Web that could prove very useful in pursuing

criminal or national security investigations. As an interim measure, the Bureau has requested funds to establish stand alone access to the Web, referred to as Internet cafes. The Committee considers this a prudent step. The recommendation includes

$3,620,000 for Internet cafes. The Bureau shall provide a report to

the Committees on Appropriations on the distribution and use of

Internet cafes not later than May 1, 2003.

Physical Surveillance Program.—As the FBI expands its efforts

to collect intelligence about potential domestic and international

terrorists groups and respond to threats against the United States

and other extraordinary incidents, the need for surveillance technology and equipment grows. The recommendation includes an additional $5,137,000 for development, deployment, and support of

core technologies associated with tracking and locating, mobile surveillance, and design and fabrication capabilities.

Tactical Operations.—Court ordered tactical operations only

serve as an effective investigative tool if the FBI has the resources

to address emerging technologies, such as advanced digital communications, command and control and computers, radio frequency

communications and data links, and sophisticated encryption. The

Committee therefore includes in its recommendation an additional

$12,612,000 for research and development and for engineering to

support ongoing and new strategic initiatives directed against new

technologies posed by the high-technology industries.

Special Operations Division.—As noted elsewhere, the Committee

has rejected the proposal to fund regular operations out of the

Counterterrorism Fund, an account designed solely to provide the

Justice Department needed flexibility in the days immediately following a catastrophe. Therefore, the Committee recommendation

includes $35,000,000 under this account for FBI reimbursements to

the Drug Enforcement Administration [DEA] for intelligence derived from the Special Operations Division. The Committee directs

the Bureau to provide a full accounting of its reimbursements to

the DEA not later than December 1, 2003.

Re-enginering the workforce.—The FBI request for additional analysts and technological enhancements highlights the Bureau’s

shift from a manpower-intensive to an information-intensive approach to intelligence gathering and crime fighting. However, this

shift has come, thus far, without a comprehensive approach to

human capital investment. The Director’s stated priorities:

counterterrorism [CT], counterintelligence [CI], and cybercrime

[‘‘cyber’’], will require marked shifts in the skills of the Bureau

workforce. A far more diversified workforce of scientists, engineers,

technicians, analysts, support, and other staff, as well as agents,

will be required. To maintain and enhance proficiency of this new

workforce during the current information and technology revolution, employees will need constant field exposure and continual inservice training and education to keep skills finely honed. For that
31

reason, the Bureau must develop and maintain a manpower master

plan that, at a minimum, includes an analysis of, and justification

for: (1) the proper mix of agent, specialist, and support personnel

in foreign and domestic field offices and headquarters at the squad,

unit, section, and division levels, (2) mandatory, substantive inservice training programs of at least 40 hours per year for all personnel

that include both in-house, other Federal, and private training and

development opportunities, (3) career paths for personnel in specialized areas, especially CT, CI, cyber, and security, with an emphasis on lifetime commitment to specialization, (4) the proper balance of personnel versus capital investments to ensure that Bureau

employees are properly equipped with the essential tools of their

particular trade, and (5) a deployment strategy that maximizes the

benefits of professional cross-pollination between highly specialized

personnel. The report shall be completed not later than December

31, 2003. The Bureau shall provide a progress report to the Committees on Appropriations by July 1, 2003 and shall provide the

Committees with a final copy of the plan upon completion.

The remaining funds provided in the Committee recommendation

are intended to address a variety of requested homeland security

initiatives and to cover the costs of lingering unmet needs associated with the events of September 11, 2001. Release of these funds

shall be subject to the submission and approval of a spend plan or

spend plans in keeping with section 605 of this Act.

Aviation.—The FBI is directed to submit a 5-year aviation master plan that includes: (1) current fleet assets by type, (2) logged

flight hours by aircraft/helicopter, (3) projected useful service life

remaining (under what assumptions) by aircraft/helicopter, (4) missions by aircraft/helicopter type, (5) utilization of current fleet assets, by mission type, for the last 5 years by year, (6) basing, by

aircraft/helicopter locations. The plan should also discuss the costs

and benefits of maintaining versus replacing current fleet assets

through 2008, maldeployments or other causes of underutilization

of current fleet assets, if applicable, and capabilities of current fleet

assets versus current and projected mission requirements. The report shall be delivered not later than December 3, 2002.

Rapid Deployment Logistics Unit.—The Rapid Deployment Logistics Unit [RDLU] was created outside the Committee’s purview

through an internal reallocation of resources. The number and composition of Rapid Deployment Teams [RDTs] were settled by the

Bureau without the Committee’s insight or input. To date, the

Committee has never received a briefing on the RDLU or RDTs.

That being so, the Committee expects the FBI to submit a comprehensive report on the purpose of the RDLU, the capabilities of

the RDLU and RDTs, and the personnel and equipment requirements of both for the next 5 years, by year.

Joint Terrorism Task Force.—The Bureau is seeking to quadruple the amount of funding available for Joint Terrorism Task

Forces [JTTFs]. The increased funding would be used for space to

house JTTFs and backfill the FBI slots transferred to JTTFs. The

FBI’s goal is to establish a JTTF in every field office by the end

of fiscal year 2003. The value of JTTFs, both in general and relative to their cost, remains open to debate as does the value of having JTTFs in 56 locations. Since JTTFs are now competing with
32

Regional Terrorism Task Forces, Anti-Terrorism Task Forces and

the Foreign Terrorist Tracking Task Force, not to mention the

Counterterrorism Division, for resources to meet the same mission,

a thorough review of the program is in order. The Bureau is directed to submit a report to the Committees on Appropriations

that, at a minimum, includes a thorough discussion of JTTF caseload over the last 5 years by type (domestic/foreign), offense(s), and

disposition (referred for prosecution, prosecuted, convicted, etc.) on

a task force by task force basis. The report should also include an

explicit discussion of threats in existing or proposed JTTF locations. The report shall be delivered not later than October 30, 2002.

National Infrastructure Protection Center.—A March 2001 report

on computer intrusion squad training, promotion, and retention

has yet to be delivered to the Committee on Appropriations. As a

result, almost $20,000,000 in NIPC funding remains on hold until

the Bureau presents a reasonable plan for its use. The Committee

expects a reasonable plan regarding these funds to be submitted to,

and approved by, the Committees on Appropriations by September

30, 2002. In addition, the Committee recommendation includes

$17,221,000 for phase II of a three phase research and development

initiative being run by the STAU.

Emergency communications.—The FBI has established a requirement for the Critical Response Unit [CRU] to respond to five crisis

sites simultaneously with state-of-the-art secure communications

equipment and personnel. How this requirement was arrived at is

unknown. It is also unclear how the CRU’s communications suite

integrates with that of the Foreign and Domestic Emergency Support Teams, the Hostage Rescue Team, the Critical Incident Response Group, the Strategic Information & Operations Center, Special Weapons & Tactics Teams, and a host of other specialized

units, all of which have communications suites of their own. The

Committee presumes that communications gear deployed by the

CRU is fully interoperable with that of all other emergency response units it is charged with supporting and that duplication of

gear between units has been eliminated. Therefore, the Bureau is

directed to submit a CRU communications master plan to the Committees on Appropriations not later than January 15, 2003 that: (1)

outlines in detail the criteria that must be met for the CRU to deploy, (2) justifies in detail the five simultaneous crisis sites requirement, and (3) outlines in detail the personnel and non-personnel

needs of the CRU for the next 5 years by year. The plan shall be

delivered not later than November 1, 2002.

Technically Trained Agents.—The Committee has been supportive of Technically Trained Agents [TTAs], though the Committee has differed with the Bureau on priorities. The Committee

continues to believe that properly equipping and training TTAs is

a higher priority than simply adding more bodies. As justification

material accompanying the request for 50 new positions notes, onethird of TTAs are probationary. Clearly, TTAs need more seasoning. The Bureau is directed to report on its strategy for using

intense supervision and continuing in-service training and education to compensate for the distinct lack of experience in its TTA

force. The report shall be delivered not later than January 1, 2003.
33

Budget restructuring.—As part of the spend plan or plans described above, the Committee expects the FBI to adopt a new budget structure premised on seven decision units: (1)

Counterterrorism, (2) National Security, (3) Cyber-investigations,

(4) Criminal Enterprises & Federal Crimes, (5) Forensic & Technical Services, (6) Field Support, and (7) Criminal Justice Services.

The Committee understands that an on-going review of classification issues will preclude the need for any decision unit totals to be

rolled up in the formal budget submission or any supporting documents. The Committee congratulates the Bureau on this breakthrough.

Last year, the Committee concluded that the FBI’s inability to

respond swiftly to changing patterns of crime was in part attributable to an antiquated budget structure that did little to protect

the Director’s strategic priorities, ease management of high risk

programs, or provide the transparency necessary for effective Congressional oversight.

The new structure, all but identical to last year’s proposed restructuring, will: (1) focus FBI resources on the Director’s top three

priorities, (2) elevate and sustain a number of longstanding Congressional priorities, (3) afford field-level managers the flexibility to

use their workforce to maximum advantage in addressing local

criminal investigatory priorities, (4) consolidate the funding of a

number of mutually-supportive initiatives that are currently scattered across multiple decision units, and (5) eliminate the current

artificial isolation of a number of cross-cutting functions and activities.

The Committee believes that the new budget structure will significantly enhance FBI performance and commends the Bureau for

its support in developing this proposal.

CONSTRUCTION

Appropriations, 2002 ............................................................................. $33,791,000

Budget estimate, 2003 ........................................................................... 1,250,000

Committee recommendation ................................................................. 1,250,000

The Committee recommends an appropriation of $1,250,000. The

recommendation is identical to the fiscal year 2002 funding level,

less non-recurring costs, and to the budget request.

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $1,481,783,000

Budget estimate, 2003 ........................................................................... 1,545,919,000

Committee recommendation ................................................................. 1,530,470,000

The Committee recommends an appropriation of $1,530,470,000.

The recommendation is $15,449,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level, a 4.1 percent pay adjustment for Federal employees, and

$24,683,000 for requested Homeland Security program increases.

The Committee recognizes the crucial role DEA plays in the drug

war. As the world’s leading drug enforcement agency and the only

single-mission Federal agency dedicated to drug law enforcement,

DEA has developed the unique capability of identifying, targeting,
34

investigating, and disrupting or dismantling drug organizations.

DEA’s mission has taken on a new significance since the terrorist

attacks on September 11, 2001. Drug enforcement is critical to protecting our national security as it eliminates the financial base of

criminal organizations and deprives them of drug proceeds that

may be used to fund terrorist acts.

Enhancements.—The recommendation provides $24,683,000 for

DEA’s requested Homeland Security enhancements for information

security and anti-terrorism security measures. None of these funds

shall be obligated until a spend plan has been submitted to and approved by the Committees on Appropriations.

Information security.—The DEA is seeking funds to initiate an

information security program. While the Committee applauds this

effort, the Committee sees little benefit in re-inventing the wheel.

The FBI has just completed a thorough review of its information

security needs, and has undertaken wide-ranging improvements

noteworthy for their simplicity and cost effectiveness. Prior to the

release of funds for the DEA’s information security program, the

DEA shall sign with the head of the FBI’s Security Division and

the Chief Information Officer of the Justice Department a memorandum of understanding [MOU] that charges the latter two signatories with providing technical assistance to DEA program managers with an emphasis on no- or low-cost government- or commercial-off-the-shelf solutions. The Committee expects to be briefed on

the details of DEA’s plan, the contents of the MOU, and FBI and

Justice contributions to a successful rollout not later than 60 days

after the signing of the MOU.

Financial Investigations.—The Committee also provides $4,121,000 for financial investigations to increase efforts to target

drug organizations that finance terrorist activities. Additional personnel shall work closely with Federal, State, and local law enforcement as well as private and regulatory sectors of the financial community to identify individuals and institutions for investigation,

and identify money laundering techniques employed by terrorists.

Additional personnel and emphasis shall be placed in the following

locations: Denver, Colorado, Wilmington, Delaware, Chicago, Illinois, New York City, New York, Charleston, South Carolina, and

Dallas, Texas.

Overseas Offices.—While DEA repeatedly defends its presence

overseas, very little effort has been made to monitor and evaluate

the need for all of these foreign offices after they have been opened.

The DEA is therefore directed to submit a report to the Committees on Appropriations that provides the productivity level, workload, and mission for each existing overseas office no later than

February 15, 2002. The report shall include a review and

rightsizing proposal for each of the overseas offices to ensure that

the most urgent needs are being met with the limited resources

available.

Integrated Drug Enforcement Assistance.—The Committee is

pleased with the Administrator’s new initiative for drug prevention

and treatment, known as Integrated Drug Enforcement Assistance

[IDEA]. IDEA is a coordinated anti-drug plan that combines law

enforcement with intensive community follow-up designed to reduce drug demand. IDEA teams DEA agents with State and local
35

law enforcement to arrest and prosecute drug traffickers within

designated communities, and then forms coalitions to reduce demand through drug prevention and treatment. The recommendation provides $5,926,000 to expand IDEA. The DEA is directed to

report back to the Committees on Appropriations on how it intends

to use these funds not later than January 30, 2003.

Aviation assets.—Helicopters and light aircraft play an essential

role in the covert surveillance, pursuit, and capture of drug traffickers. The Committee understands that the DEA’s aging fleet of

air assets has entered a deadly spiral of low availability and high

maintenance hours, and costs, per flight hour. The Committee recommendation provides $6,336,000 for single engine light enforcement helicopters. The DEA is directed to report back to the Committees on Appropriations on how it intends to use these funds not

later than January 30, 2003.

Methamphetamine lab clean-up.—The Committee remains

alarmed by the public health and safety menace posed by methamphetamine labs. The by-products of methamphetamine production: anhydrous ammonia, ether, sulfuric acid, and other toxins are

volatile, corrosive, and poisonous. Often, lab operators secrete these

waste products in abandoned or little-used buildings in populous

areas to hide evidence or dump them in rivers and streams to

eliminate evidence. Danger of explosion is real and the potential for

serious environmental contamination well documented. Therefore,

the Committee recommendation includes $20,000,000 that shall

only be available to reimburse the DEA and States and localities

for the costs associated with assisting in, or undertaking, the removal and disposal of hazardous materials at clandestine methamphetamine labs.

Drug Enforcement Equipment.—The effectiveness of DEA agents

is threatened by shortfalls and delays in the distribution of critical

equipment. The Committee believes that agents must have stateof-the-art equipment in order to stay ahead of or merely keep pace

with that of drug traffickers. The Committee recommendation

therefore provides $4,733,000 for high priority equipment. The

DEA is directed to report back to the Committees on Appropriations on how it intends to use these funds not later than January

30, 2003.

Northern New Mexico Anti-Drug Initiative.—The Committee acknowledges the need for a focused response to illegal drug trafficking in northern New Mexico and expects the DEA to continue

to devote sufficient resources to this problem in cooperation with

other Federal law enforcement agencies.

‘‘Drug Diversion Control Fee’’ Account.—The Committee has provided $87,771,000 for DEA’s Drug Diversion Control Program. The

Committee recommendation includes the fiscal year 2002 funding

level and a 4.1 percent pay adjustment for Federal employees.

The Committee notes that the request included an additional

$24,616,000 for program enhancements based on an unresolved

Final Rule. The draft rule proposing a fee increase to support these

enhancements has not been published yet and is not expected to be

published until December 5, 2002. Moreover, the earliest new collections could begin is July 1, 2003, 2 months prior to the end of
36

fiscal year 2003. The request clearly precipitates the ability of the

DEA to collect the fees to support these program increases.

Should the DEA determine that these enhancements more accurately reflect the mission of the Drug Diversion Control Program

than current activities, the DEA may redirect existing resources

within this account through the reprogramming process.

IMMIGRATION AND NATURALIZATION SERVICE

(INCLUDING OFFSETTING FEE COLLECTIONS)

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $3,821,240,000

Budget estimate, 2003 ........................................................................... 3,765,247,000

Committee recommendation ................................................................. 3,765,247,000

The Committee recommends an appropriation of $3,765,247,000.

The recommendation is identical to the budget request.

The Committee recommendation includes the fiscal year 2002

funding level, less non-recurring costs, and includes a 4.1 percent

pay increase and $947,983,000 for Homeland Security program increases and related personnel. The Committee is aware that up to

$51,366,000 in carryover will be available to apply to this account

and expects that new found efficiencies (‘‘elimination of sixth men’’)

will free up additional resources.

Border Patrol Staff and Equipment.—Since the terrorist attacks

on September 11, 2001, the security of our borders has become

paramount. To ensure there are sufficient personnel to protect our

borders, the Committee recommendation includes an additional

$76,276,000 for 570 additional Border Patrol agents, as authorized,

and $25,000,000 to transfer 285 experienced Border Patrol agents

to the Northern border. Along with additional personnel, the recommendation includes an additional $28,000,000 to enhance the

Enforcement Case Tracking System [Enforce] database and to deploy additional biometric equipment to better document and track

the investigation, identification, apprehension, detention, and/or removal of immigration law violators.

Entry-exit system.—The Committee has begun to analyze the full

implications of the Enhanced Border Security and Visa Entry Reform Act of 2002, the USA Patriot Act of 2001, the Visa Waiver

Permanent Program Act of 2000, the Immigration and Naturalization Service Data Management Improvement Act of 2000, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,

and the Immigration Act of 1990 on travel to and from the United

States by Americans and foreigners. In brief, to fully implement

laws currently on the books, it will be necessary for every traveler

leaving or entering the United States, be they U.S. citizens or not,

to be fingerprinted and to carry a machine-readable, tamper-proof

travel document with at least one unique biometric identifier. Information on all travelers, including biographical information, biometrics, and entry and exit dates, will be retained within a central

database, readily available to Federal, State, and local law enforcement agencies. Mandatory interviews for visa applicants will be required to provide necessary intelligence information and certain

aliens will be required to register periodically (reciprocity being the
37

hallmark of diplomacy, it should be expected that similar requirements would be imposed on U.S. citizens seeking visas for travel

abroad). Cost estimates to properly implement the current body of

law runs into the tens of billions of dollars. While the Committee

includes the $362,000,000 requested for the Entry-exit system, it is

unclear what this system is or will become, and how it will address

these expansive directives. Accordingly, no funds shall be obligated

or expended until a spend plan has been submitted to and approved by the Committees on Appropriations.

Pay Upgrades.—Attrition rates among Border Patrol agents and

INS inspectors is at an all time high. To help address this ever increasing crisis, the Committee recommendation includes an additional $37,200,000 for new and recurring costs for a Border Patrol

pay increase from GS–9 level to GS–11 level for journeymen with

1 year of successful work experience and $20,600,000 for a pay increase for INS inspectors with 1 year of successful work experience

at the GS–9 level.

Land Border Inspectors.—The recommendation includes

$34,000,000 to hire, train and deploy 460 additional immigration

inspectors that will enhance border security at land border portsof-entry.

Staffing Levels.—The Committee notes that INS staffing levels at

the Santa Teresa and Columbus Ports of Entry in New Mexico are

not sufficient to meet the needs of those ports. In particular,

through non-commercial traffic has significantly increased over the

past year at Santa Teresa, yet INS staffing has not kept pace. The

Committee urges the INS to give full consideration to the needs of

the New Mexico ports when making staffing decisions.

The Committee is aware of a growing number of illegal aliens in

Iowa and Illinois. The Committee directs the INS to review the INS

law enforcement needs of the Quad Cities, a metropolitan area incorporating the Iowa communities of Davenport and Bettendorf,

and the Illinois communities of Moline and Rock Island.

In addition, the Committee recognizes the heavy and increasing

workload in northwest Arkansas, and encourages the INS to establish a sub-office with an officer-in-charge in Fort Smith, Arkansas.

Alternatives to Detention.—The Committee recommendation includes $7,300,000 for the Alternatives to Detention Program. This

funding will support community-based organizations to screen asylum seekers and other INS detainees for community ties, provide

them with necessary services, and help to assure their appearance

at court hearings.

Legal Orientation Programs.—The Committee recommends

$2,800,000 for non-governmental agencies to provide ‘‘live presentations’’ to persons in INS detention prior to their first hearing before an immigration judge. These presentations will provide immigration detainees with essential information about immigration

court procedures and the availability of legal remedies to assist detainees in distinguishing between meritorious cases and frivolous

cases.

Information Resource Management.—The Committee recommendation includes an additional $83,400,000 for an ‘‘interoperable law enforcement and intelligence data system’’ for the INS, re-
38

ferred to as Chimera, within a separate account under General Administration to be managed by the Justice Management Division.

Green Cards.—The Committee is aware that resident aliens in

the United States are using over 2,000,000 green cards with no expiration date. These documents do not have the secure features of

the optical memory cards currently used as green cards, and thus

could be subject to extensive counterfeiting and represent a major

impediment to securing the nation’s borders. The Committee directs the INS to submit a report not later than February 1, 2003

to the Committees on Appropriations with the number of green

cards currently issued with no expiration date, the original date

they were issued, as well as a proposed plan to replace these older

green cards.

The recommendation also includes $6,544,000 for the Debt Management Center, $16,289,000 for the Law Enforcement Support

Center, and an additional $100,000,000 to address shortfalls in vehicles and equipment.

OFFSETTING FEE COLLECTIONS

As in past years, the Committee directs the INS to allocate funding for base activities before it undertakes any program enhancements.

IMMIGRATION USER FEE

The Committee recommends a spending level of $658,295,000,

the full amount requested.

To the degree that fee resources are available, the Committee includes an increase of $51,503,000 over fiscal year 2002 for 760 additional inspectors and support staff for inspections operations at

airports and seaports, as well as an increase of $368,000 for additional attorneys to respond to an increasing caseload.

INS Inspector Staffing.—The Committee recommends the INS

give full consideration to the needs of the Miami International Airport and the Ed McNamara Terminal Northwest Airlines World

Gateway when making airport inspector staffing decisions.

IMMIGRATION EXAMINATIONS FEE

The Committee recommends a spending level of $1,462,803,000,

the full amount requested.

To the degree that fee resources are available, the Committee recommendation includes an increase of $50,496,000 to accelerate

the pace of efforts to reduce the time required to adjudicate immigration benefit applications. With this funding, the INS claims it

will be able to attain a 6-month national average for the processing

of all benefits applications and ensure application processing and

related services are timely, consistent, fair and of high quality.

BREACHED BOND/DETENTION FUND

The Committee recommends a spending level of $171,275,000,

the full amount requested.

Detention and Removals.—The Committee recommendation includes $50,069,000 for the planning and construction of additional

detention bed space. This funding will address the increasing num-
39

ber of apprehended illegal aliens, which consistently exceeds available detention space.

CONSTRUCTION

Appropriations, 2002 ............................................................................. $228,054,000

Budget estimate, 2003 ........................................................................... 267,138,000

Committee recommendation ................................................................. 265,443,000

The Committee recommends an appropriation of $265,443,000.

The recommendation is $1,695,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level, a 4.1 percent pay adjustment for Federal employees, and

$145,000,000 for requested Homeland Security program increases.

The recommendation includes $250,000 for the construction of an

INS processing and office facility in Nome, Alaska.

FEDERAL PRISON SYSTEM

Because of the compulsory legal requirements for detention and

incarceration, the Committee has broken with the general philosophy underlying the recommendation for this account. The funds to

manage the growing prisoner population, including the costs of bed

space, food, and health care, are by their very nature mandatory

expenses. The recommendation therefore makes an exception and

covers the minimum costs projected for these spending categories.

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $3,808,600,000

Budget estimate, 2003 ........................................................................... 4,081,765,000

Committee recommendation ................................................................. 4,083,237,000

The Committee recommends total budgetary resources of

$4,083,237,000 for the salaries and expenses of the Federal prison

system for fiscal year 2003. The recommendation is $1,472,000

above the budget request.

Activation of new prisons.—The Committee recommendation includes funding for activation of four new facilities which will add

4,416 beds: FCI Gilmer, West Virginia, USP Big Sandy, Kentucky,

USP McCreary County, Kentucky, and USP Victorville, CA. The

Committee also recommends activation funding for expansions at

USP Marion, Illinois and FCI Safford, Arizona. These two expansions will add nearly 800 beds.

Female inmates.—The Committee supports the National Institute

of Corrections’ continuing work with correctional systems (State

and Federal) to address the issue of staff sexual misconduct involving female inmates in correctional institutions through the provision of technical assistance, education and training, and other monitoring activities pursuant to the recommendations of the General

Accounting Office.

BUILDINGS AND FACILITIES

Appropriations, 2002 ............................................................................. $813,552,000

Budget estimate, 2003 ........................................................................... 395,243,000

Committee recommendation ................................................................. 500,221,000

The Committee recommends a total of $500,221,000 for fiscal

year 2003 for the construction, modernization, maintenance, and
40

repair of prison and detention facilities housing Federal prisoners.

This amount is $104,978,000 above the budget request.

The Committee continues to strongly support the BOP’s construction program, 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 funding provided for facilities includes:

Sentenced Capacity Projects

(In thousands of dollars)

Expansion of Existing Facilities:

FCI Sandstone, MN (Housing Unit) ............................................. 5,300,000

FCI Otisville, NY (Witness Security Unit) ................................... 11,600,000

USP Florence, CO (Special Housing Unit) ................................... 5,600,000

Subtotal ........................................................................................ 22,500,000

New Facilities:

Hazelton, WV (Secure Female Unit) ............................................. 66,600,000

FCI Pollock, LA .............................................................................. 116,872,000

USP Berlin, NH (With Work Camp and Protective Custody

Unit) ............................................................................................. 20,000,000

FCI Mid-Atlantic Region ................................................................ 34,837,000

Subtotal ........................................................................................ 238,309,000

Schedules and Slippages ....................................................................... 50,000,000

Total New Construction Program Increases ............................. 260,809,000

The Committee commends the BOP for working diligently to increase inmate housing capacity by expanding existing facilities

within available funds. The Committee fully supports these cost effective efforts and expects the BOP to continue its reprogrammings

and funds transfer requests in a timely manner to expedite these

construction projects.

FEDERAL PRISON INDUSTRIES, INC.

(LIMITATION ON ADMINISTRATIVE EXPENSES)

Appropriations, 2002 ............................................................................. $3,429,000

Budget estimate, 2003 ........................................................................... 3,429,000

Committee recommendation ................................................................. 3,429,000

This Committee recommends a limitation on administrative expenses of $3,429,000 for the Federal Prison Industries, Inc. This

amount is equal to the fiscal year 2002 funding level and to the

amount requested.

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

reduce recidivism. The Committee also recognizes the necessity for

UNICOR to grow as the inmate population increases. Finally,

UNICOR is a self-supporting revolving fund the resources of which

are derived from sales of its products. In the future, the BOP is directed to submit only UNICOR’s appropriations language exhibit.
41

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

Appropriations, 2002 ............................................................................. $437,008,000

Budget estimate, 2003 ........................................................................... 214,024,000

Committee recommendation ................................................................. 2,242,057,000

The Committee recommends an appropriation of $2,242,057,000. The recommendation is $2,028,033,000 above the budget request.

The funding provided for justice assistance includes funds to

States for research, evaluation, statistics, information sharing,

emergency assistance, missing children assistance, counterterrorism programs, and the management and administration of

grants provided through the Office of Justice Programs.

Justice Assistance

Committee

recommendation

National Institute of Justice ................................................................. $64,879,000

The National Law Enforcement and Corrections Technology

Centers ......................................................................................... 22,000,000

Bureau of Justice Statistics .................................................................. 32,335,000

Missing children .................................................................................... 29,000,000

Regional information sharing system .................................................. 28,278,000

White Collar Crime Center ................................................................... 9,230,000

Office of Domestic Preparedness .......................................................... 2,038,000,000

Management and administration ......................................................... 40,335,000

Total justice assistance ............................................................... 2,242,057,000

National Institute of Justice (NIJ).—The Committee recommends

an appropriation of $64,879,000. The recommendation is

$13,422,000 below the budget request and $10,422,000 above the

fiscal year 2002 level. In addition, $20,000,000 will be provided to

NIJ in fiscal year 2003 from the local law enforcement block grant

for assisting local units to identify, select, develop, modernize, and

purchase new technologies for use by law enforcement. NIJ is the

Nation’s primary source of research and development in the field

of criminal justice.

In particular, the Committee commends the efforts and leadership of NIJ’s Office of Science and Technology (OS&T). NIJ’s OS&T

has assisted local law enforcement in making significant advances

in the areas of nonintrusive, concealed weapons and contraband detection, vehicle stopping, DNA testing, officer protection, less-thanlethal incapacitation, information management, counterterrorism,

crime mapping, location and tracking, secure communications, and

noninvasive drug detection. The Committee directs that OS&T receive no less than the amounts provided in fiscal year 2002, notwithstanding any fiscal year 2003 increases for the National Law

Enforcement and Corrections Technology Center (NLECTC) program.

The National Law Enforcement and Corrections Technology Centers.—Since 1994, the National Law Enforcement and Corrections

Technology Centers (NLECTC) have served the State and local law

enforcement and corrections communities by providing support, research findings, and technical expertise on issues that allow them

to perform their jobs safer and more effectively. The NLECTC sys-
42

tem consists of facilities located across the country and each facility

specializes in one or more specific areas of research and development. The Committee commends the work that NIJ’s Office of

Science and Technology (OST), and through it the NLECTC system, has done to improve the capabilities of the law enforcement

and corrections communities. To further the work of the NLECTC

system, the Committee recommends $22,000,000 for the continued

support of the system. The Committee directs that none of the increases provided for the NLECTC shall be used to supplant OS&T’s

existing budget. Within available funds, the Committee recommends that NIJ consider funding the Center for Civil Force Protection and the Public Safety Technology Assessment Facility at

Sandia National Laboratories in New Mexico. The Center provides

important physical security counterterrorism assistance to Federal,

State, and local law enforcement. Of the amount provided, the

Committee directs that funds be distributed in the following manner to the six Regional Centers:

The National Law Enforcement and Corrections Technology Regional Centers

[In thousands of dollars]

Amount

Northeast Regional Center ............................................................................. 3,000

Southeast Regional Center ............................................................................. 3,000

Rocky Mountain Regional Center ..................................................................

Western Regional Center ................................................................................ 3,000

Rural Law Enforcement Technology Center ................................................. 3,000

Northwest Center ............................................................................................ 3,000

Total for Regional Centers ................................................................... 18,000

In addition to the above activities, within the amounts provided,

NIJ is to provide grants for the following projects: —$750,000 for Lane County, Oregon’s Breaking the Cycle of Juvenile Drug Abuse program to decrease juvenile crime and

drug abuse through early identification and intervention;

—$1,500,000 is for the Center for Task Force Training Program;

—$750,000 to the North Carolina Attorney General’s Office for

Telemarketing Fraud Enforcement and Privacy Project; and

—$650,000 for the Mistral Security Non-Toxic Drug Detection

and Identification Aerosol Technology.

—$350,000 for the Pennsylvania Task Force on Prison Overcrowding;

—$750,000 for Operation Ceasefire in Charleston, SC for overtime for response teams.

Bureau of Justice Statistics (BJS).—The Committee recommends

an appropriation of $32,335,000. The BJS is responsible for the collection, analysis, and publication of statistical information on

crime, criminal offenders, victims of crime, and the operations of

the Nation’s justice systems.

Office of Victims of Crime.—The Office of Victims of Crime (OVC)

administers formula and discretionary grants designed to benefit

victims, provide training to professionals who work with victims,

develops projects to enhance victims’ rights and services, and undertakes public education and awareness activities on behalf of

crime victims. In fiscal year 2002, OVC was provided $68,100,000

to respond to the September 11, 2001 terrorist attacks. The Com-
43

mittee directs that the OVC provide a report to the Committee no

later than December 31, 2002 on the status of how the emergency

funds have been spent.

Missing Children Program.—The issue of child exploitation has

been raised to the forefront of the national conscience due to the

recent string 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 $29,000,000 to continue and expand efforts

to protect the nation’s children, especially in the areas of locating

missing children, as well as the growing wave of child sexual exploitation found on the Internet.

Within the amounts provided, the Committee has included the

following: (1) $12,500,000 to expand the Internet Crimes Against Children

Task Forces (ICAC Task Force). These task forces assist State and

local law enforcement agencies in acquiring the knowledge, equipment, and personnel resources necessary to successfully prevent,

interdict, and investigate cases of child exploitation on the Internet.

(2) $12,500,000 for 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. Last year the Center accepted over 155,000 hotline calls from

law enforcement, prosecutors, and citizens requesting information

or services. The Center also assisted in the recovery of more than

5,000 missing, abducted, and runaway children.

In addition, the Committee created the CyberTipline under the

NCMEC in fiscal year 1999. The CyberTipline provides online

users an effective means of reporting Internet-related child sexual

exploitation in the areas of distribution of child pornography, online enticement of children for sexual acts, and child prostitution.

Within the amounts provided for the NCMEC, the Committee recommends $2,245,000 for the continuation of the Cybertipline.

(3) $3,000,000 for the Jimmy Ryce Law Enforcement Training

Center for training of State and local law enforcement officials investigating missing and exploited children cases.

Regional Information Sharing System (RISS).—The Committee

recommends an appropriation of $28,278,000. The RISS program

provides funds to maintain six regionally-based information sharing centers which allow for information and intelligence services to

be disseminated nationwide addressing major, multi-jurisdictional

crimes. The Committee supports the current effort to link the RISS

system with the Law Enforcement On-Line (LEO) information system, which will greatly expand access to critical law enforcement

information at the Federal, State, and local level.

Management and Administration.—The Committee provides

$40,335,000 for management and administration of the Bureau of

Justice Assistance account. The Committee directs that the current

hiring freeze that has been placed on the Office of Justice Programs (OJP) be lifted and that OJP actively fill all authorized vacant positions. Furthermore, the OJP is directed to provide quarterly reports to the Committee on the status of its hiring process.
44

The Office of Domestic Preparedness.—The Committee has long

viewed State and local jurisdictions’ ability to detect, prevent and

respond to a terrorist attack as one of its highest priorities. State

and local responders are first to arrive on the scene when a terrorist attack occurs and must be prepared to protect life and property. This function is inherently non-Federal, although Federal resources and expertise are needed to manage the crisis and provide

support to State and local assets when an attack overwhelms their

resources.

The recommendation demonstrates the Committee’s continued

support for the Office of Domestic Preparedness (ODP). ODP must

continue its vital and successful program for assisting State and

local response agencies. Continued funding to ODP is more critical

now than ever, given the unprecedented threat to our National security that we currently face. Responding to an act of terrorism is

manifestly different than responding to natural disasters. Grouping

terrorism preparedness and response, especially as it concerns

weapons of mass destruction (WMD), under an emergency management ‘‘all hazards’’ approach puts our first responders, as well as

the general public, at risk. Treating both types of catastrophe response in the same manner does not account for the fundamental

differences between the national security/law enforcement response

to terrorism and the emergency management response to terrorism.

[In thousands of dollars]

Committee

recommendation

State Strategic Planning ................................................................................. 60,000

Web Site Pilot .................................................................................................. 5,000

Equipment:

Grants ........................................................................................................ 1,047,000

Pine Bluff .................................................................................................. 10,000

Equipment Standards and Testing ......................................................... 15,000

POD Enhancements ................................................................................. 20,000

NSSE POD ................................................................................................ 5,000

IAB ............................................................................................................. 1,000

Emerging Equipment Demo/Test-bed program ...................................... 15,000

T/A for State Plans ................................................................................... 15,000

Subtotal, Equipment ............................................................................. 1,128,000

Training:

NDPC Training Program ......................................................................... 190,000

CDP .................................................................................................... [50,000]

LSU .................................................................................................... [35,000]

NMT ................................................................................................... [35,000]

TEEX .................................................................................................. [35,000]

NTS .................................................................................................... [35,000]

Dugway ...................................................................................................... 10,000

Continuing and Emerging Training ........................................................ 125,000

Consequence Training ....................................................................... [5,000]

State Training Competitive Discretionary Grants ................................ 80,000

New Training Centers .............................................................................. 60,000

Virtual Medical Campus .......................................................................... 2,000

Dartmouth Institute for Security and Technology Studies ................... 18,000
45

Committee

recommendation

Oklahoma City National Memorial Institute for the Prevention of

Terrorism ............................................................................................... 18,000

Subtotal, Training ............................................................................. 503,000

Exercises:

Grants ........................................................................................................ 200,000

Top Officials (TOPOFF) Exercise Series ................................................ 15,000

Federal, State and Local (FSL) Regional Exercise Series ..................... 5,000

Improved Response Program (IRP) ......................................................... 10,000

Interagency Exercise Fund ...................................................................... 8,000

Cross-border Exercises ............................................................................. 3,000

Prepositioned Equip. Program POD Exercises ...................................... 3,000

Evaluation & After Action Program ....................................................... 5,000

Emerging Exercise Needs ........................................................................ 3,000

Exercise Support Program ....................................................................... 20,000

Subtotal, Exercises ............................................................................... 272,000

Technical Assistance (TA) ............................................................................... 50,000

Management and Administration .................................................................. 20,000

Total, Office of Domestic Preparedness .............................................. 2,038,000

The recommendation includes $60,000,000 for State Strategic

Planning. This funding will allow States to begin formalizing their

planning for homeland security that will be headed by the homeland security offices established by the Governors. ODP is directed

to work with the States reassess their response capabilities and to

update and enhance their Three-Year Statewide Domestic Preparedness Strategies in fiscal year 2003. In updating and enhancing their Strategies, States are expected to consult with local governments regarding the scope, design, and allocation of resources.

Also, of the funds provided, $5,000,000 is for ODP to continue a

pilot project to develop a comprehensive, interactive web site to

support the Nation’s State and local first responders and disseminate to them a wide spectrum of critical information needed for domestic preparedness.

Equipment.—The recommendation includes $1,128,000,000 for

the equipment grant program managed by the Office of Domestic

Preparedness (ODP). This program provides funding to enhance

the capabilities of State and local jurisdictions to respond to and

mitigate the consequences of terrorist attacks. The Committee

urges ODP to work with the States to develop procedures which expedite the awarding of equipment grants. The Committee does not

support the concept of requiring States to match equipment grants

funds in order to qualify for funding under this program.

Of the funds provided for equipment, the recommendation includes $1,047,000,000 for grants to the States based on their approved Three-Year Statewide Domestic Preparedness Strategies.

These funds are available to all States on a formula basis, as authorized by section 1014 of the USA PATRIOT ACT, (Public Law

107–56). Also of the funds provided for equipment, $10,000,000 is

recommended to continue and expand ODP’s successful mobile

equipment training program at Pine Bluff Arsenal. The augmentation of this program will be required because of the significant increases in funding for equipment for first responders provided in
46

this Act. Also of the funds provided for equipment, $15,000,000 is

for the development of standards for personal protective, decontamination, detection, and communications equipment. These types

of equipment are lacking in operational standards for use in a

WMD incident. Also within the funds provided for equipment,

$1,000,000 is for the Interagency Board (IAB) to continue its efforts

to develop equipment standards. The IAB was established by the

Justice Department in 1999 to advise and make recommendations

to the Attorney General on matters concerning first responder

equipment and standards. Also of the funds provided for equipment, $20,000,000 is for ODP’s Prepositioned Equipment (POD)

Program. This program has established sets of prepositioned equipment designated to be deployed immediately to the scene of a terrorist attack for use by first responders. This funding will provide

for the maintenance and operational costs of the 11 equipment

pods currently funded under this program. Also of the funds provided for equipment, $5,000,000 is recommended for the purchase

and operation of an equipment pod that can be strategically positioned during designated National Security Special Events (NSSE).

This pod will provide specialized equipment for 150 responders to

immediately replenish equipment that is lost, damaged, or destroyed during a WMD attack at a NSSE. Also of the funds provided for equipment, $15,000,000 is for the development of an

Emerging Equipment Demonstration and Test-bed Program. This

program is designed to rapidly deploy new and emerging technologies into the field for true operational testing. This program

will help bring state-of-the-art technologies to first responders in

the field. Finally, $15,000,000 is recommended for technical assistance for State plans.

Training.—The recommendation includes $503,000,000 for ODP

for first responder training programs. Of the funding provided for

training, $190,000,000 is for the continuation and expansion of the

training currently underway at the existing Consortium training

centers. Of this amount, the Center for Domestic Preparedness

shall receive $50,000,000; Louisiana State University, New Mexico

Institute for Mining and Technology, Texas A&M University, and

the Nevada Test Site shall each receive $35,000,000.

The Three-Year Statewide Domestic Preparedness Strategies exposed a ‘‘preparedness gap’’ in this Nation. That is, the number of

individuals that must receive training before we can consider ourselves prepared for terrorism involving WMD is considerable. However, in order to provide training to greater numbers of responders,

additional capacity must be built. Also of the funding provided for

training, $10,000,000 shall be used to continue an already-established program between Dugway Proving Ground and the National

Domestic Preparedness Consortium (NDPC) to develop and deliver

advanced bio-terrorism training utilized the Dugway Proving

Ground’s specialized facility.

The Committee further expects that, with the funding provided,

ODP will develop and implement a comprehensive and aggressive

training standardization program. This should include the establishment of training standards for each of the key public safety disciplines involved in terrorism response. The Committee expects
47

that all current and future training will adhere to these standards,

once developed.

New Training Centers.—Of the funds provided, $60,000,000 shall

be to establish new training centers. Decisions concerning the establishment of the new training centers shall be made by ODP in

consultation with the Committees on Appropriations.

Dartmouth Institute for Information Infrastructure Protection.— Of the funds provided, $18,000,000 is recommended for the Institute for Information Infrastructure Protection (I3P), a consortium

of not-for-profit and academic research institutions (including national laboratories operated by private contractors) managed and

led by the Institute for Security Technology Studies at Dartmouth

College. Within this amount, $15,000,000 is for grants. The I3P

will collaborate with the Office of Science and Technology Policy,

the President’s Critical Infrastructure Protection Board, other relevant government agencies, and the private sector to develop a

prioritized national research and development (R&D) agenda in

cyber security and information infrastructure protection (IIP). It

will also fund research to address R&D priorities identified by the

I3P agenda and leadership, and promote collaboration and information sharing among cyber security and IIP research institutions in

academia, industry, and government.

Oklahoma City National Memorial Institute for the Prevention

(MIPT).—Of the funds provided, $18,000,000 is recommended for

MIPT. MIPT’s Best Practices/Lessons Learned Knowledge Base is

an Internet repository where emergency responders can share best

practices, observations, and lessons learned to improve our ability

to combat terrorism on U.S. soil. It will provide a forum for responders in every State, Territory, and community across the

United States. This information sharing will allow trend analysis

to strengthen civilian responder training programs, identify equipment shortfalls, and focus research agendas.

Exercises.—The recommendation includes $272,000,000 for ODP

to assist State and local jurisdictions in planning and conducting

WMD exercises to test and validate their terrorism response plans

and make determinations regarding future needs. Based on its preSeptember 11 review of the Statewide Strategies, ODP estimated

that more than 2,500 State and local jurisdictions needed to conduct WMD exercises. Within the amount provided for exercises,

$200,000,000 is for grants to meet critical combating terrorism exercise needs identified in the Three-year Statewide Domestic Preparedness Strategies. These grants will provide the resources to

properly design, develop, conduct, and evaluate performance-based

exercises under a State-administered multi-year exercise program.

In May, 2000, ODP ran the highly successful ‘‘Top Officials,’’ or

‘‘TOPOFF’’, exercise. This was an exercise series which provided a

cycle of performance-based exercises for Federal, State, and local

officials and first responders. TOPOFF demonstrated coordinated

National crisis and consequence management capabilities in response to a range of WMD threats. The Committee recommends

$15,000,000 for the continuation of the TOPOFF series, with

TOPOFF II scheduled to take place in May, 2003. TOPOFF II involves 9 major exercise activities, culminating in a full-scale National exercise.
48

Within the funds made available for exercises, $5,000,000 is for

the Federal, State, and local (FSL) exercise program. This program

integrates regional homeland security activities through a comprehensive cycle of exercises. This program’s particular emphases

is on rural homeland security, multi-State emergency management

assistance compacts (EMACS), and multi-jurisdictional mutual aid

agreements (MAAs).

For the continuation of the Nunn-Lugar-Domenici (NLD) Domes- tic Preparedness Program, the Committee recommends $10,000,000

for the NLD Chemical and Biological Improved Response Program

(IRP) to conduct analysis and evaluations of response improvements, including doctrine, plans, policies, procedures, protocols,

equipment, and exercises to address terrorism involving chemical

or biological weapons.

Federal, State, and local participation in national-level combating terrorism exercises is hampered by inadequate and uneven

funding. This results in incomplete or diminished participation,

thwarting effective analysis of combating terrorism preparedness.

Of the funds made available for exercises, $8,000,000 shall be to establish an exercise fund, to be administered by ODP, to ensure full

participation by key Federal, State, and local entities in nationallevel combating terrorism exercises. For periodic exercises required

to test and evaluate pod deployment and use, the Committee recommends $3,000,000. Also, $3,000,000 is recommended for Cross

Border exercises with Mexico and Canada.

Due to the scope, pace, and complexity of the National exercise program, $5,000,000 is recommended for an evaluation program.

This program will allow ODP to conduct evaluations of programs

and program activities conducted in support of existing ODP training, exercise, technical assistance, and equipment programs. For emerging exercise needs, $3,000,000 is recommended. The

Committee directs ODP to conduct a comprehensive review of government and commercial exercise and simulation applications and

methodologies. This will augment the capacity of State and local jurisdictions to effectively address their exercise requirements.

Also within funds made available for exercises, $20,000,000 is for

specialized technical support to assist States and local jurisdictions

in administering multi-year combating terrorism exercise programs. This assistance shall consist of direct technical support to

States and local jurisdictions for exercise design, development, and

evaluation, and the conduct of performance-based exercises.

Technical assistance.—The recommendation includes $50,000,000

for the Office of Domestic Preparedness’ technical assistance and

planning support for the States. The Committee directs ODP to

provide targeted, site-specific assistance to local jurisdictions. Of

this amount, $7,000,000 is to develop a pilot program to field and

evaluate strategies for assessing and reducing vulnerabilities at

events involving large concentrations of people in both urban and

rural environments. This program should establish generic vulnerability assessment tools for State and local government self-assessments, provide assistance for the application of such tools in support of State and local public and private entities responsible for

coordinating such events, work with event coordinators, emergency

managers, and first responders to expose vulnerabilities via exer-
49

cises and simulations, identify, field, and evaluate emerging technologies and structural procedures to mitigate vulnerabilities; prepare and circulate a newsletter that describes and evaluates the

performance of emerging technologies, evaluate overall vulnerability assessment program impacts, and transition ‘‘lessons

learned’’ in support of State and local planning activities.

Management and administration.—The Committee recommends

$20,000,000 for the Office of Domestic Preparedness to manage the

expansion of its domestic preparedness programs, as directed in

this Act.

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

Appropriations, 2002 ............................................................................. $2,403,354,000

Budget estimate, 2003 ........................................................................... 751,878,000

Committee recommendation ................................................................. 1,827,715,000

The Committee recommends an appropriation of $1,827,715,000.

This recommendation is $1,075,837,000 above the budget request.

These funds provide assistance to State and local governments in

their drug control and other law enforcement efforts as follows:

Office of Justice Programs—State and local law enforcement assistance

[In thousands of dollars]

Committee

recommendation

Local law enforcement block grant ....................................................... 400,000

Boys and Girls Clubs ...................................................................... [80,000]

Law Enforcement Technology ........................................................ [20,000]

Cooperative agreement program .......................................................... 20,000

Indian assistance ................................................................................... 48,000

Indian Country Prison Grants ....................................................... [35,000]

Alcohol and Substance Abuse ........................................................ [5,000]

Indian tribal courts program ......................................................... [8,000]

Byrne grants:

Discretionary ................................................................................... 94,000

Formula ........................................................................................... 500,000

Drug courts ............................................................................................. 50,000

Juvenile accountability incentive block grant ..................................... 249,450

Violence Against Women Act programs ............................................... 390,565

Substance abuse treatment for state prisoners ................................... 70,000

Safe Return Program ............................................................................. 900

Law enforcement family support programs ......................................... 1,500

Senior citizens against marketing scams ............................................ 2,000

Motor Vehicle Theft Prevention ........................................................... 1,300

Total, State and local law enforcement assistance .................. 1,827,715

Local law enforcement block grant.—The Committee recommendation includes $400,000,000 to continue the local law enforcement block grant program which provides grants to localities

to reduce crime and improve public safety. Of the amounts provided, $20,000,000 will be provided to NIJ to assist local units to

identify, select, develop, modernize, and purchase new technologies

for use by law enforcement. The recommendation for funding for

the local law enforcement block grant continues the commitment to

provide local governments with the resources and flexibility to address specific crime problems in their communities.

Boys and Girls Clubs.—Within the amounts provided for the

local law enforcement block grants, the Committee recommends

$80,000,000 for the Boys and Girls Clubs. The Committee com-
50

mends Boys and Girls Clubs of America for its effort to reach all

children who are in need of support and affirmation.

Indian Country Grants.—The recommendation provides

$48,000,000 for Indian Country grants. Of this amount, $8,000,000

is to assist tribal governments in the development, enhancement,

and continuing operation of tribal judicial systems by providing resources for the necessary tools to sustain safer and more peaceful

communities and to implement Section 201 of title II of the Indian

Tribal Justice Technical and Legal Assistance Act of 2000, and

$35,000,000 is for Indian Country Prison Construction. The Committee understands that the Comprehensive Indian Resources for

Community Law Enforcement (CIRCLE) initiative is working well

in three Indian communities in which it is deployed. The Committee urges the department to consider ways to expand the CIRCLE project into other communities. In addition, the Committee requests that not later tan June 15, 2003, the Department submit a

proposal to expand the CIRCLE project by integrating and coordinating resources from across the Federal agencies for purposes of

Indian law enforcement, public safety, substance abuse, tribal justice systems, and facilities construction into a small grant program

to Indian tribes and tribal consortia.

Within the amount for prison construction, the Committee directs that grants be provided for the following projects:

—$5,000,000 to the Standing Rock Sioux Tribe in South Dakota

for a Juvenile Detention and Recovery Facility;

—$2,900,000 to the Yankton Sioux Tribe in South Dakota for the

construction of a Juvenile Detention Facility;

—$900,000 to the Lower Brule Sioux Tribe for the construction

of a detention facility.

Edward Byrne Grants to States.—The Committee recommendation provides $594,000,000 for the Edward Byrne Memorial State

and Local Law Enforcement Assistance Program, of which

$94,000,000 is for discretionary grants and is $500,000,000 for formula grants.

Within the amount provided for formula grants, the Committee

expects the Bureau of Justice Assistance [BJA] to provide:

—$12,000,000 for the continuation of Project HomeSafe for safety

packets which include a gun locking device and information on

how to handle and store guns safely. These safety packets are

distributed by the foundation at no charge to any municipality

that adopts the program. The Committee continues to expect

that no funds be obligated for this purpose until at least an interim gun lock standard is adopted to ensure that the locks

being distributed are not vulnerable to accidental or intentional disengagement. In addition, the Committee expects that

a final gun lock standard be adopted no later than March 1,

2003.

—$4,500,000 for the motor vehicle title information system, as

authorized by the Anti-car Theft Improvement Act.

Within the amount provided for BJA discretionary grants, the

Committee expects the Bureau of Justice Assistance to provide:

—$500,000 for the Adams County, Pennsylvania Emergency

Services Training Facility for program enhancements;
51

—$150,000 to the University of North Dakota’s Agricultural Law

Program to ensure that farmers, agribusiness and other rural

residents are well informed and represented on agriculture related issues;

—$1,100,000 for an alcohol interdiction program designed to investigate and prosecute bootlegging crimes as part of a statewide effort to reduce fetal alcohol syndrome in Alaska; —$210,000 to the Alaska D.A.R.E. Drug Rehabilitation Program

for a statewide coordinator and for the implementation new

DARE curriculum;

—$1,000,000 for the Alaska Native Justice Center for a restorative justice program; —$1,100,000 for New York’s Alfred University Rural Justice Institute to provide support services to youths and families who

are victims of domestic violence;

—$1,500,000 for the An Achievable Dream in Newport News,

Virginia, which provides services to ask-risk youth to help

them perform better academically and socially; —$750,000 for the Arizona Criminal Justice Commission;

—$250,000 to the Beaverton, Oregon Police Department for the

Identity Theft Prevention Initiative; —$200,000 to the Bristol, Rhode Island Police Department for

the outfitting of, and support training for, a mobile command

post; —$300,000 for the Oglala Sioux Tribe in South Dakota to automate the functions of the court system, so as to enhance the

capacity of the Oglala Sioux Tribe justice system to arrest,

prosecute, convict, and rehabilitate offenders; —$250,000 for the Children’s Medical Assessment Center in

South Carolina to extend forensic healthcare services to outlying rural areas, and to extend the tracking and medical case

management programs to all law enforcement jurisdictions in

the local Tri-County area;

—$150,000 to the Chattanooga Endeavors program in Tennessee

to expand services and establish new public-private partnerships;

—$450,000 for the Chicago Project for Violence Prevention in Illinois;

—$750,000 to the City of Cincinnati, Ohio to improve training for

police recruits and current officers;

—$1,000,000 to the City of Ocean Springs, Mississippi to equip

an Emergency Management and Public Safety Facility;

—$250,000 for the City of Wellston, Missouri for a holding cell;

—$500,000 for the Community Safety Initiative in Kansas City,

Missouri;

—$100,000 for the Criminal Justice Institute in Arkansas for

DNA training and law enforcement;

—$750,000 to Iowa State University for the creation of a Cyber

Protection Laboratory which will test and evaluate computer

crime defense mechanisms;

—$2,750,000 for the D.A.R.E. program to re-train all D.A.R.E. officers nationwide and produce D.A.R.E. workbooks;

—$1,000,000 to the Alaska Department of Corrections for a web

based corrections offender information system, to be imple-
52

mented in cooperation with Utah, New Mexico, Colorado, and

Idaho;

—$499,477 for the New Mexico Administrative Office of the

Courts to establish Dependency Drug Courts in three judicial

districts;

—$80,000 to the Marysville, California police department for a

mobile command center;

—$2,000,000 to the South Carolina Department of Natural Resources for expanded responsibilities related to homeland security; —$300,000 to the Metropolitan Family Services in Illinois for the

Domestic Violence and Substance Abuse program; —$500,000 for Tulane University in Louisiana for a domestic violence clinic;

—$150,000 to the Native American Community Board in Lake

Andes for the continuation of the Domestic Violence shelter

and Community Prevention Program; —$300,000 to the Rhode Island Coalition Against Domestic Violence for the establishment of the Rhode Island Supreme

Court’s Domestic Violence Training and Monitoring Unit (DV

Unit);

—$550,000 for the Albuquerque, NM DWI Resource Center to

fund drunk driving awareness and prevention programs; —$215,000 to Edmunds County, South Dakota for a county-wide

emergency warning system; —$4,000,000 for the Eisenhower Foundation for the Youth Safe

Haven program; —$1,750,000 to establish the Emergency Providers Access Directory (EPAD), which provide a comprehensive list of all State

and local first responders so that resources can be quickly marshaled in the case of future large scale disaster. —$50,000 for the Court Appointed Special Advocate (CASA) program in Davison, South Dakota which will provide advocates

for children in the First Circuit;

—$100,000 for Franklin County, New York’s Domestic Violence

Intervention Program to establish a third shelter in Northern

New York and to increase the program’s outreach efforts;

—$500,000 to Gallatin County, Montana for the Gallatin County

Re-Entry Program to provide supervision, support, and training to offenders referred by Gallatin County Courts;

—$500,000 for the Las Vegas Metropolitan Police Department’s

Hispanic American Resources Team (HART) to provide enhanced resources to Las Vegas’ Hispanic community;

—$30,000 to the Huntington County, Pennsylvania Courthouse

for security enhancements;

—$750,000 for the Sam Houston State University in Texas to establish the Institute for the Study of Violent Groups;

—$450,000 for the Iowa Elderly Fraud Prevention Initiative;

—$1,000,000 to the Iowa Department of Public Health for an intense drug treatment initiative aimed at nonviolent drug offenders serving time in Polk, Linn, and Story counties;

—$1,000,000 for Jane Doe, Inc. in Massachusetts;

—$1,500,000 to Jefferson County Alabama for an county-wide

Emergency Warning System;
53

—$1,970,000 for the Lewis and Clark Bicentennial Bi-State Safety Project to provide safety mechanisms, medical services, and

communications systems for visitors to the Lewis and Clark

trail during the Bicentennial Commemoration;

—$1,000,000 for the New Hampshire Department of Safety to

train safety and municipal officers in the North Country

(Litteton Area Learning Center);

—$3,000,000 for the Mental Health Courts Program in accordance with the America’s Law Enforcement and Mental Health

Project Act;

—$150,000 for Louisiana’s Metropolitan Battered Women’s Program;

—$240,000 to the Minneapolis, Minnesota Police Department for

its Crises Intervention Team;

—$500,000 to the University of Mississippi for TechLaw online

training for police;

—$350,000 to continue support for an innovative and effective

program which helps single head-of-household women with

children reject a life of crime and drugs and build a self supporting lifestyle;

—$4,500,000 for the Executive Office of U.S. Attorneys to support the National District Attorneys Association’s participation

in legal education training at the National Advocacy Center;

—$400,000 for the New Hampshire Department of Safety to purchase two Remotec Andres V–A1 hazardous duty robot;

—$3,000,000 for the National Center for Justice and the Rule of

Law at the University of Mississippi School of Law to sponsor

research and produce judicial education seminars and training

for judges and other criminal justice professionals;

—$5,000,000 to continue the effective crime prevention program

(McGruff the Crime Dog) and meet the enormous demand from

local law enforcement organizations regarding effective crime

prevention practices;

—$3,000,000 for the National Fatherhood Institute, the National

Physicians Center for Family Resources, and the Alabama Police Institute to study the causes and consequences of out-ofwedlock childbirth and its impact on criminal activity;

—$150,000 to the University of North Dakota’s Native Americans into Law program to recruit and retain American Indian

law students;

—$270,000 to the University of South Carolina for the National

Center for Prosecution Ethics;

—$250,000 to the University of South Carolina’s Children’s Law

Office for programs to improve the professional practice in

child maltreatment and juvenile justice in South Carolina;

—$600,000 to the New Hampshire Department of Corrections for

the purchase of digital radios to allow officers in the Department to communicate with other law enforcement officers

around the State;

—$500,000 for program expansion at the Northeastern Illinois

Public Safety Training Academy;

—$185,000 for South Dakota’s Northern Hills Area court Appointed Special Advocate (CASA) Program for the expansion of
54

the volunteer advocate network and to create an extension office to serve the Fourth Circuit;

—$5,000,000 to the New York City Police Department for safety

equipment to respond to a chemical or biological incident; —$2,000,000 for the New Hampshire State Police’s and US Attorneys Office’s cooperative effort to combat crime at the border, gang-related crime, and in investigating outlaw motorcycle

gangs; —$350,000 to Alaska’s Partners for Downtown Progress for an

innovative program for alcohol offenders, using treatment in

lieu of incarceration;

—$500,000 for the Philadelphia, Pennsylvania Safe Streets Initiative;

—$500,000 for the Pittsburgh, Pennsylvania Police Bureau’s Virtual Perimeter Video Surveillance system, which allows live

monitoring of multiple locations by robotic cameras; —$410,781 for the Colorado Springs, Colorado Police Department

to integrate the Police Accountability and Service Standards

(PASS) Model department-wide; —$300,000 to the Rhode Island Select Commission on Race and

Police-Community Relations for its Police Professionalism Initiative;

—$350,000 for Turtle Mountain Community College’s ‘Project

Peacemaker’ which seeks to increase the number of American

Indians trained in either Tribal government or law; —$4,000,000 for the South Carolina State Ports Authority

(SCSPA) for the implementation of Project Seahawk. This

project is designed to enhance security at and around the Port

of Charleston. Funding is provided for the acquisition of communications equipment, computer software and hardware technology, and research and development needed to execute the

project; —$3,000,000 to include New Hampshire police, medical and fire

services in a comprehensive public safety training and communications system;

—$55,000 for the Multnomah County, Oregon sheriff’s Office to

purchase portable radios to be used by the fifty-one members

of its reserve unit;

—$1,000,000 for the Ridge House Treatment Facility to provide

stabilization, habilitation, and re-entry skills to the Nevada

criminal justice population;

—$250,000 for Riverfront District Community Policing Stations

in Montgomery, Alabama;

—$500,000 to the Robinson Community Learning Center in

South Bend, Indiana to support efforts at reducing the rate of

local youth violence and young adult homicide;

—$100,000 to the Safe Harbor Domestic Violence Shelter in Aberdeen, South Dakota for equipment and programming;

—$500,000 for the Salt Lake Valley, Utah Emergency Communications Center;

—$1,300,000 for the San Joaquin Valley, California Rural Agricultural Crime Prevention Program;

—$450,000 for the City of Savannah, Georgia to expand the Savannah Impact Program (SIP);
55

—$2,000,000 for continued support for the expansion of Search

Group, Inc. and the National Technical Assistance and Training Program to assist States, such as West Virginia, to accelerate the automation of fingerprint identification processes; —$750,000 to the City of Fairfield, California for planning,

equipment, and training necessary for response in the event of

an emergency involving hazardous materials; —$1,250,000 for Standing Against Global Exploitation (SAGE) to

replicate and expand training materials, regional training modules, and intensive technical assistance for survivors of prostitution, sexual exploitation, violence, abuse, and trauma; —$250,000 to the State of Wisconsin Court Interpreter’s Program

for statewide training programs for current and potential court

interpreters; —$1,000,000 to Stop the Violence in South Carolina for programs

to reduce crime and create sustainable neighborhood development through a successful model of community involvement; —$180,000 for the Homeless Outreach Team (HOT) in San

Diego, California which assists the homeless in San Diego in

being placed in the appropriate social services programs; —$1,500,000 for the National Judicial College in Reno, Nevada

to provide education and training to judges, focusing particularly on judicial proficiency, competency, skills, and productivity; —$2,000,000 for the Tools for Tolerance Program;

—$2,500,000 for grants to implement Sections 101, 102, and 103

of Title I of the Indian Tribal Justice Technical and Legal Assistance Act of 2000;

—$508,476 for the Shonshone-Bannock Tribe at the Fort Hall

Reservation in Idaho. Funds will be used for the architectural

and engineering fees associated with construction of a new Justice Center;

—$200,000 to the University of New Hampshire for the violent

crime against women on campus reduction program;

—$3,000,000 for the development of a security system at the

Emergency Operations Center located in Virginia;

—$1,000,000 for Washington County, Oregon for its County Alcohol and Drug Free Housing project;

—$250,000 to the University of Southern Colorado for the Western Forensic Science and Law Enforcement Training Center;

—$200,000 to the Yell County, Arkansas Juvenile Detention Center for drug and alcohol detoxification, counseling, and rehabilitation program; and

—$500,000 for Montana’s Yellowstone County Family Drug

Court which provides services to parents and guardians whose

children have been removed from the home because of abuse

or neglect due to substance abuse.

Drug courts.—The Committee recommends $50,000,000 for drug

courts. The Committee notes that localities can also access funding

for drug courts from the Local Law Enforcement Block Grant and

Juvenile Accountability Block Grant. In addition, the Committee

directs OJP to provide a report to the Committee no later than December 31, 2003, on the long term sustainability of the drug courts

being established under this program.
56

Juvenile accountability incentive block grant.—The Committee

recommends $249,450,000 for the Juvenile Accountability Incentive

Block Grant Program to address the growing problem of juvenile

crime by encouraging accountability-based reforms at the State and

local level.

Violence Against Women Act programs.—The Committee recommends $390,565,000 for grants to support the Violence Against

Women Act. Grants provided under this recommendation are for

the following programs:

Violence Against Women Act programs

[In thousands of dollars]

Committee

recommendation

General formula grants ......................................................................... 184,765

National Institute of Justice .......................................................... 5,200

OJJDP-Safe Start Program ........................................................... [10,000]

BJS Study of domestic violence case processing .......................... 1,000

Grants to encourage arrest policies ...................................................... 65,000

Rural domestic violence ......................................................................... 40,000

Legal Assistance Program ..................................................................... 40,000

Campus Violence Program .................................................................... 10,000

Elder Abuse, Neglect, and Exploitation ............................................... 5,000

Safe Haven Program ............................................................................. 15,000

Education and Training to Assist Disabled Female Victims ............. 7,500

Stalker Database Expansion ................................................................. 3,000

Training programs ................................................................................. 5,000

Victims of child abuse programs:

Court appointed special advocates (CASA) .................................. 12,000

Training for judicial personnel ...................................................... 2,300

Grants for televised testimony ...................................................... 1,000

Total, VAWA programs .............................................................. 390,565,000

The fiscal year 2003 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 victims 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. The fiscal year 2002 Senate Report required the

Department to submit a report detailing a plan to address violence

against women with particular emphasis on Alaska which ranks

first in the Nation for domestic violence and child abuse. The report was to be completed by May 1, 2002, but has yet to be received

by the Committee. The Department is directed to provide monthly

updates on its progress until the report is completed as required.

Substance abuse treatment for State prisoners.—The Committee

recommends $70,000,000, for the Residential Substance Abuse

Treatment Program for State Prisoners [RSAT]. The RSAT Program provides financial and technical assistance to assist State and

local governments in developing and implementing residential

treatment programs within State and local correctional and detention facilities in which inmates are incarcerated for a period of time
57

sufficient to permit substance abuse treatment. Consistent with the

authorizing statute, States must agree to require drug testing of individuals enrolled in the treatment program and give preference to

projects that assist in the placement of program participants with

community-based aftercare services, such as parole supervision,

education and job training, and halfway houses. In addition, as in

fiscal year 2002, up to 10 percent of the total program level maybe

used for the treatment of parolees. These grants should only fund

treatment for individuals up to 1 year after they are released from

a State prison.

Safe Return Program.—The Committee recommends $900,000 to

continue and expand training of law enforcement and other emergency response personnel to locate missing Alzheimer patients.

Law enforcement family support programs.—The Committee recommendation provides $1,500,000 for this program to assist Federal, State, and local law enforcement agencies in developing and

implementing policies and programs to reduce stress and provide

appropriate support services for law enforcement officers and their

families.

Senior citizens against marketing scams.—The recommendation

provides $2,000,000 for this program to assist law enforcement in

preventing and stopping marketing scams against the elderly. The

Committee requests that some program sessions be held at the National Advocacy Center. Also, the Committee directs that this effort

be coordinated with the Federal Trade Commission.

Motor Vehicle Theft Prevention.—The recommendation provides $1,300,000 for grants to combat motor vehicle theft.

WEED AND SEED PROGRAM

Appropriations, 2002 ............................................................................. $58,925,000

Budget estimate, 2003 ........................................................................... 58,925,000

Committee recommendation ................................................................. 58,925,000

The Committee recommends an appropriation of $58,925,000.

The recommendation is identical to the budget request.

The Committee also recommends bill language, similar to that

included in previous fiscal years, making funds available for grants

or agreements with State agencies or to reimburse Federal agencies in order to execute the weed and seed strategy, and also allows

for the use of other Department of Justice funds to support the

Weed and Seed Program.

COMMUNITY ORIENTED POLICING SERVICES

VIOLENT CRIME REDUCTION PROGRAMS

Appropriations, 2002 ............................................................................. $1,050,440,000

Budget estimate, 2003 ........................................................................... 1,381,034,000

Committee recommendation ................................................................. 1,062,628,000

The Committee recommends $1,062,628,000 for the Community

Oriented Policing Services (COPS). The recommendation is

$319,234,000 below the budget request, which included

$800,000,000 for the proposed Justice Assistance Grant Program

that was to be transferred to OJP and that the Committee does not

fund. The Committee provides funding under this account as follows:
58

Public Safety and Community Policing Programs

COPS Hiring Program.—The Committee recommends

$330,000,000 for the COPS hiring program. Within the amounts

available for officer hiring, up to $180,000,000 is available for the

hiring of school resource officers. To date, the COPS Office has

made over 32,700 grants to more than 12,400 of the Nation’s

18,000 law enforcement agencies. Through its hiring grant programs, COPS has funded over 114,000 officers, including 4,500

School Resource Officers. The Committee does not support the Administration’s proposal of eliminating the COPS hiring programs.

There continues to be a need at the State and local level for additional law enforcement officers, especially in light of the fact that

the nation’s first responders are now recognized as the front line

of defense against future terrorist attacks.

The Committee also recognizes that State and law enforcement

agencies depend on technology and communications equipment to

perform their jobs safely and effectively. Therefore, the Committee

includes language for a new communications technology grant program under the COPS Crime-Fighting Technologies section of this

report.

Protecting our children.—Terrorists have the ability to confront

the United States with contingencies we have never considered.

One such contingency involves our children. Therefore, the Committee provides $10,000,000 for training to assist school resource

officers in preventing acts by predatory adversaries involving weapons aimed at significant school populations. The officers will be

trained in non-intrusive defensive measures taken to reduce the

vulnerability to terrorist attacks and offensive measures taken to

prevent, deter, and respond to terrorism. The Committee directs

that a report be provided to the Committees on Appropriations no

later than January 1, 2003 on the spending plan for this effort.

Training and Technical Assistance.—The COPS Office has created a network of Regional Community Policing Institutes (RCPIs)

that are strategically located throughout the country and make up

a national network that disseminates training and technical assistance to officers and community members on a diverse array of

issues, including community policing, the effective use of computers

and communications technology, and police integrity. To date, more

than 173,000 law enforcement personnel and community members

have been trained through the RCPI network and the Community

Policing Consortium. The Committee recommendation includes

$21,000,000 for COPS to continue providing training and technical

assistance to the law enforcement community.

Indian Country.—The Committee recommendation includes

$40,000,000 to be used to improve law enforcement capabilities on

Indian lands and native villages, both for hiring uniformed officers,

including village public safety officers, and for the purchase of

equipment and training for new and existing officers. The Committee recommends that 5 percent of the COPS funds be provided

directly to tribal judicial systems to assist Tribal courts with the

increased caseload associated with the increased arrests as a result

of the additional funds for tribal law enforcement.

Police Corps.—The Committee recommends $15,000,000 for the

Police Corps Program. The Committee understands that the Police
59

Corps program has sufficient unobligated balances available to

allow the program to maintain its activities in fiscal year 2003 at

the prior year level.

Methamphetamine Enforcement and Clean-Up.—The Committee

recommends $45,000,000 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. Since fiscal year

1998, COPS has provided $141,900,000 in funding to more than 60

State and local law enforcement agencies to hire personnel, purchase equipment, and clean-up labs, as well as obtain training in

methamphetamine related interdiction tactics, investigation, and

prosecution.

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:

—$500,000 for personnel, training, and equipment under the Arizona Methamphetamine Initiative; —$1,000,000 to the Arkansas State Police for the Arkansas

Methamphetamine Law Enforcement Initiative; —$414,977 for the Oklahoma Bureau of Narcotics and Dangerous

Drug Control to properly train and equip officers for operations

involving clandestine methamphetamine labs; —$150,000 for the Criminal Justice Institute at the University of

Arkansas at Little Rock to train rural law enforcement officers

in the issues of safety, investigation, and evidence collection related to methamphetamine production; —$1,000,000 for the Iowa Office of Drug Control Policy to combat

the spread of methamphetamine in east central counties

through intelligence gathering, enforcement, and lab clean up

operations; —$4,000,000 for Hawaii County, Hawaii to carry out enforcement, prosecution, and cleanup activities associated with the

manufacture, use, and distribution of methamphetamine;

—$1,500,000 for the Indiana State Police to combat the production, distribution, and use of methamphetamine;

—$500,000 to the Iowa Office of Drug Control Policy to create a

secure intelligence system;

—$400,000 for the Iowa Tanks-A-Lock project to equip anhydrous ammonia tanks with locking mechanisms that prevent

theft by manufacturers of methamphetamine;

—$250,000 for the Jackson County, Mississippi Sheriff’s Department to combat methamphetamine;

—$1,000,000 to the Nebraska State Patrol for a Methamphetamine Drug Use Enforcement and Research Program. Funding

is provided for drug treatment, enforcement enhancements,

and laboratory enhancements;

—$200,000 to Marion County, Oregon for its Meth Lab Surveillance and Eradication project, which will provide law enforcement with training, equipment, and an improved communications system;

—$3,500,000 for the continuation of the Washington State Methamphetamine Program;
60

—$750,000 for the Mississippi Bureau of Narcotics to combat

methamphetamine and to train officers on the proper recognition, collection, removal, and destruction of methamphetamine; —$3,500,000 for the Missouri Drug Eradication Initiative, to be

divided among Missouri’s 29 drug task forces. This amount includes $200,000 for the Jefferson County Sheriff’s Office, and

$50,000 for the Phelps County Sheriff’s Department I–44 Drug

Interdiction Project; —$1,500,000 for MoSmart. Funding is to assist sheriffs and rural

drug task forces in combating methamphetamine production,

use, and distribution by providing needed equipment, training,

and lab clean up resources; —$1,500,000 for the Sioux City, Iowa Regional Methamphetamine Training Center, to provide training to officers from

eight States; —$500,000 for the Minot State University, ND, rural methamphetamine project; —$1,000,000 to the Central Utah Narcotics Task Force for the

Sevier Region Methamphetamine Project; —$500,000 for the Iowa Office of Drug Control Policy to combat

the spread of methamphetamine in south central Iowa through

intelligence gathering, enforcement, and lab clean-up operations;

—$1,000,000 to the Vermont Department of Public Safety to continue funding five troopers who are involved in combating heroin distribution and use in the Vermont Drug Task Force; —$1,400,000 for the Wisconsin Methamphetamine Law Enforcement Initiative; and

—$1,250,000 for Yellowstone County, Montana’s Methamphetamine Initiative which will focus on increased drug enforcement and clean-up.

Bullet-proof Vests Grant Program.—The Committee recommendation includes $26,000,000 to continue this program for formula

grants to States, local governments, and Indian tribes to be used

for the purchase of armored vests for law enforcement officers in

the jurisdiction of the grantee.

Crime-Fighting Technologies Programs

Law Enforcement Technology Program.—The Committee recommends $118,615,000 for continued development of technologies

and automated systems to assist State and local law enforcement

agencies in investigating, responding to and preventing crime.

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 to the City of El Centro, California for the purchase

of 800 MHZ portable and mobile radios for emergency operations;

—$1,000,000 to the City of Owensboro, Kentucky and Daviess

County, Kentucky to implement an improved emergency responder and 911 operations system;

—$250,000 to the City of Flint, Michigan for upgrades to its 911

emergency response system;
61

—$750,000 for the Abilene, Texas Police Department to upgrade

and expand the emergency response and communications network;

—$2,000,000 to the State of Alaska to build statewide shared

multi-agency communications network; —$1,500,000 for the Alaska Department of Public Safety to upgrade its communications systems; —$100,000 for the Brooklyn, Ohio Police Department to purchase

a computer aided dispatch system and mobile data terminals; —$1,500,000 for Brown County, South Dakota to replace radio

equipment, modernize the telephone infrastructure, and purchase computer-aided dispatch technology for the county’s Regional Communications Center; —$1,500,000 to the City of Jackson, Mississippi for the public

safety automated technologies system; —$375,000 for South Dakota’s Cheyenne River Sioux Tribe to

modernize its current court system by upgrading computer systems and acquiring court service processors; —$200,000 to the Choctaw County, Alabama Emergency Management Agency for a Emergency Warning Notification System;

—$1,400,000 for the City of Cincinnati, Ohio to implement a

record management system; —$1,000,000 to the City of Seattle, Washington for digital video

surveillance cameras;

—$2,000,000 to the City of Oceanside, California to upgrade the

public safety radio system; —$30,000 to the Charter Township of Mt. Morris, Michigan for

closed circuit video camera technology; —$8,000,000 for a grant to the Southeastern Law Enforcement

Technology Center’s Coastal Plain Police Communications initiative for regional law enforcement communications equipment. The State capitol of Columbia should be given due consideration in this year’s implementation;

—$250,000 to the Columbia, Mississippi Police Department for

technology;

—$4,000,000 for the Consolidated Advanced Technologies for

Law Enforcement (CAT lab) Program;

—$910,000 for the City and Borough of Juneau, Alaska for equipment and technology enhancements at the Juneau Dispatch

and Evidence Center;

—$300,000 for the City and Borough of Ketchikan, Alaska for an

Emergency and 911 Dispatch system;

—$3,000,000 to Montgomery County, Maryland to establish an

integrated criminal justice information system;

—$1,500,000 for the Rockville, Maryland Police Department to

upgrade communications, records management, and emergency

services systems;

—$1,000,000 to the City of Wasilla, Alaska for a regional dispatch center;

—$800,000 for the City of Jackson, Tennessee to install mobile

data terminals in police vehicles;

—$1,000,000 to the City of Memphis, Tennessee to install a regional law enforcement communications system;
62

—$500,000 for Cowlitz County, Washington to replace its emergency response radio system; —$7,100,000 for the Southwest Border Anti-Drug Information System of which $3,500,000 is to go to the State of Idaho; —$950,000 to equip the Critical Infrastructure Protection Project

(CIPP) in Virginia; —$300,000 for Curry County, Oregon to fund upgrades and repairs needed to maintain the integrity of the communications

system; —Up to $3,000,000 for the acquisition or lease and installation

of dashboard mounted cameras for State and local law enforcement on patrol. One camera may be used in each vehicle,

which is used primarily for patrols. These cameras are only to

be used by State and local law enforcement on patrol; —$1,500,000 for the Delaware State Police to upgrade communications and video capabilities, purchase a real-time x-ray machine, and portable receivers; —$250,000 to the City and County of Denver, Colorado for an intelligent emergency service dispatch system; —$1,500,000 for the City of Des Moines, Iowa to develop a regional geographic information system that will enhance homeland defense and emergency response capabilities; —$500,000 for the Downriver Mutual Aid Data Network for an

800 mhz digital communications system; —$500,000 to Eau Claire County, Wisconsin’s Police Communications Project for a computer aided dispatch and records management system; —$500,000 to the Sandy City, Utah Police Department for an

automated records storage and communications system to operate in conjunction with the court system; —$2,250,000 for the Montana Public Safety Services Office to acquire enhanced 9–1–1 communications technology; —$1,000,000 for Hamilton County, Ohio to replace and upgrade

the current dispatch system;

—$2,500,000 to the Harrison County, Mississippi Sheriff’s Department for the Public Safety Automated Systems project;

—$400,000 to the Indianapolis, Indiana Police Department to upgrade the existing laptop computer system to a wireless land

area network;

—$250,000 to the National Center for Victims of Crime

INFOLINK Program;

—$1,500,000 for Jefferson County, Alabama to upgrade the public safety radio system and improve interoperability;

—$1,000,000 to the Johnson County, Kansas Sheriff’s Department for a computer-aided dispatch system;

—$200,000 for the Town of Johnston, Rhode Island to acquire

mobile data computers, a video surveillance system for police

headquarters, and an automated telephone system;

—$1,000,000 to the State of Kansas for the Public Safety Communications Network;

—$25,000 to Bath and Menifee Counties in Kentucky for the purchase of law enforcement equipment;

—$60,000 to the Rowan County, Kentucky Sheriff’s Office and

the Morehead Police Department for the purchase of radar
63

units, mobile cameras, communications equipment, a records

management system, and other investigative equipment; —$3,000,000 for Law Enforcement On-Line (LEO) information

system which provides criminal justice information to law enforcement agencies throughout the country; —$1,000,000 to the University of Houston in Texas to acquire,

test, evaluate, and expand upon existing police vehicle technology; —$95,000 for Leake County, Mississippi for police technology

and equipment; —$1,500,000 for the Louisiana Commission on Law for a statewide Technology Coordination Project; —$1,500,000 to the City of Madison, Wisconsin Police Department’s Consolidated Communications Project for new hardware, software, data conversion, training, and project administration;

—$1,000,000 to the Maine State Police for a new voice and data

communications system; —$1,500,000 to the Metropolitan Radio Board in Minnesota for

a regional, digital public safety communications system; —$2,000,000 for the City of Milwaukee, Wisconsin’s Police Department to purchase and install mobile digital radios in its

squad cars; —$2,250,000 for Minnehaha County, South Dakota to upgrade

its existing communications system and to link with the new

State of South Dakota Radio System; —$2,250,000 to the Missouri Police Chiefs Association for technology, equipment, and regional training; —$250,000 to the Madisonville, Kentucky Police Department for

mobile data terminals;

—$500,000 to the City of Montrose, Colorado for a records management system and related technology to interface with the

public safety communications system;

—$20,000 to Moody County, South Dakota for upgrades to the

emergency response communications system;

—$750,000 to the Town of Mountain Village, Colorado for a regional public safety communications system;

—$1,000,000 for the County of Bergen, New Jersey to implement

a multi-agency radio communications system that will provide

interoperability capability across all agencies and integrate the

operations of the Bergen County government;

—$5,000,000 to the National Sheriff’s Association for a multistate information system that will enable local law enforcement agencies to share important criminal justice information;

—$1,500,000 for the New Castle County, Delaware Police Department for a new records management system, additional

computers and software, and surveillance equipment;

—$200,000 to the Kenton County, Kentucky Sheriff’s Office for

communications system improvements;

—$200,000 to the New Hampshire Department of Public Safety

to provide equipment and technology to ten small law enforcement agencies throughout New Hampshire;

—$400,000 to the Newago County Office of Administration for

the acquisition of an 800 mhz digital communications system;
64

—$1,000,000 to the New Hampshire Police Standards and Training Facility to purchase technology and equipment for training

recruits;

—$350,000 for the City of Huntsville, Alabama to upgrade computer systems in police headquarters and district stations; —$575,000 for the Billings, Montana Police Department for vehicle enhancements, including automatic vehicle locators, in-car

report writing modules, and mobile roaming technology; —$1,050,000 for the Towns of Barre, St. Albans, and Springfield, Vermont to be divided equally, providing $350,000 for each.

This funding will be used to upgrade communications capabilities and for the purchase of mobile data terminals; —$1,000,000 for the Lubbock, Texas Police Department to purchase mobile data terminals and related software;

—$1,000,000 for Project Hoosier SAFE–T, a Statewide emergency

response and telecommunications project; —$1,000,000 for the County of Passaic, New Jersey for the purchase of a trunked radio system; —$1,500,000 for the Oklahoma Department of Public Safety to

provide comprehensive radio and data communications capabilities for all emergency response agencies units in Oklahoma; —$400,000 for the Louisville-Jefferson County, Kentucky Public

Safety Communications System to study requirements and develop a plan to implement a common interoperable voice and

data communications system for public safety organizations in

the metropolitan area; —$300,000 to the City of Santa Rosa, California for radio communications and emergency response systems upgrades; —$1,500,000 for the Borough of Fort Lee, New Jersey to improve

the emergency services radio system; —$1,500,000 to the North Carolina State Highway Patrol for the

development and implementation of an interoperable Voice

Trunking Network (VTN) real-time voice communication system throughout the State;

—$300,000 to REJIS for the establishment of a computer information system to serve the St. Louis Region;

—$2,000,000 for the Montana Sheriff’s & Peace Officers Association for a reverse 9–1–1 system which will allow State and

local officials to distribute emergency information to citizens

over their phone lines using auto-dialing technologies;

—$800,000 to the Rockdale County, Georgia Sheriff’s Office to

purchase mobile data computers and in-car video systems;

—$1,500,000 to San Miguel County, New Mexico Emergency

Services for a county wide communications system;

—$850,000 to Simpson County, Mississippi for a public safety

automated technologies system;

—$2,500,000 for South Dakota’s Sherrifs and Police Chiefs Association to acquire communications equipment, computers, and

other crime-fighting technologies;

—$3,000,000 for a grant for the Southeastern Law Enforcement

Technology Center to partner with SPAWAR to advance research and development into software radio technology;

—$1,500,000 to the Oklahoma Department of Public Safety for a

statewide public safety communications system;
65

—$1,500,000 to the Kansas City, Missouri Police Department for

mobile data terminals;

—$1,500,000 to Wake County, North Carolina’s Department of

Public Safety and Emergency Management for technology infrastructure improvements for law enforcement vehicles; —$200,000 for the Pike County, Illinois Sheriff’s Department to

upgrade law enforcement technologies and modernize equipment;

—$50,000 for the City of West Point, Kentucky for the purchase

of law enforcement equipment; —$2,000,000 for the training of village public safety officers and

small village police offices and acquisition of emergency response and search and rescue equipment for rural communities;

—$250,000 to the Warren County, Mississippi Sheriff’s Department for technology enhancements; —$125,000 for the Wilkinson County, Mississippi Sheriff’s Department for police technology and equipment; —$1,500,000 for the Wilmington, Delaware Police Department to

purchase surveillance cameras, metal detectors, and protective

suits for responding to hazardous materials incidents; and —$300,000 to the Wyoming Law Enforcement Academy in Douglas, Wyoming for technology upgrades.

The COPS Interoperable Communications Technology Program.— The Committee recommends $100,000,000 for the Office of Community Oriented Policing Services (COPS) Interoperable Communications Technology program, to be designed and implemented by the

COPS Office, in consultation with the Office of Science and Technology (OS&T) within the National Institute of Justice, as well as

the Bureau of Justice Assistance (BJA). The Committee seeks to

utilize the expertise of all three organizations so as to create a

grant program that is highly responsive to the immediate needs of

the State and local law enforcement community and that takes full

advantages of the expertise and lessons learned from OS&T’s and

BJA’s research and development in the field of interoperable law

enforcement communications, particularly project AGILE. In addition, the Committee is aware that the Office of Domestic Preparedness and the National Institute of Standards and Technology

(NIST) have significant experience in law enforcement communications, and therefore it is also recommended that COPS seek guidance from these agencies when designing and implementing this

program.

This program should address the critical need of law enforcement

to improve cross-jurisdictional communication and information

sharing. The Committee directs the COPS Office to develop and

submit to the Committee, no later than 45 days after the implementation of this Act, proposed guidelines for the program. Consistent with the COPS Office’s existing grant programs, the COPS

Interoperable Communications Technology program should include

a 25 percent local match requirement. The Committee is aware

that the Federal Emergency Management Administration (FEMA)

has a similar program designed for Fire Departments and EMS,

and therefore COPS should consult with FEMA to ensure that

these programs are providing compatible communications equip-
66

ment that will allow interoperability among all first responders in

a given jurisdiction. The Committee urges that grants under these

programs be used, whenever possible, to purchase cost effective

cross band repeaters or other frequency or band patching solutions,

which allow agencies to make existing communications systems

interoperable. Because of the complexities associated with these

systems, the Committee provides $3,000,000, within available

amounts, to be transferred to the Bureau of Justice Assistance to

provide technical assistance, utilizing OS&T’s expertise, to grantees regarding the implementation of the equipment.

The Committee understands and support the need for minimum

standards for law enforcement communications technology. Therefore, OS&T should 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 the Office of Law Enforcement Standards (OLES) regarding the development of a comprehensive suite of minimum standards for law enforcement communications.

In addition, the Committee is aware that a number of cross band

repeaters have been distributed by the Federal Government to local

jurisdictions throughout the United States. The Committee directs

that NIJ provide an inventory no later than March 1, 2003 regarding the locations of all of these systems.

Crime Identification Technology Act.—The Committee recommends $45,000,000 to be used and distributed pursuant to the

Crime Identification Technology Act of 1998, Public Law 105–251,

of which $11,000,000 is to be transferred to the NIJ to develop

technologies to improve school safety. Under that Act, eligible uses

of the funds are (1) upgrading criminal history and criminal justice

record systems; (2) improvement of criminal justice identification,

including fingerprint-based systems; (3) promoting compatibility

and integration of national, State, and local systems for criminal

justice purposes, firearms eligibility determinations, identification

of sexual offenders, identification of domestic violence offenders,

and background checks for other authorized purposes; (4) capture

of information for statistical and research purposes; (5) developing

multi-jurisdictional, multi-agency communications systems; and (6)

improvement of capabilities of forensic sciences, including DNA.

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:

—$500,000 to the Arkansas Crime Information Center and the

Arkansas Sheriff’s Association for Phase II of the JailNet

project;

—$2,000,000 to the Arkansas State Police for its Automated Fingerprint Identification System;

—$500,000 to the Ogden City, Utah Police Department for an

automatic finger print identification system (AFIS);

—$800,000 for a Centralized Sex Offender Registry Program for

the State of Colorado;

—$2,000,000 for CJIS WareNET to connect all State law enforcement agencies into one information database;
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—$250,000 to the Ogden City, Utah Police Department for a consolidated records management system; —$2,500,000 for the Alaska Criminal Justice Information System

to integrate Federal, State, and local criminal records along

with social service and other records. It expects the system design to include the capability to provide background checks on

potential child care workers for child care providers and families with the permission of the job applicant. The State should

consult with the National Instant Check System for technical

expertise; —$5,000,000 for the South Carolina Judicial Department to purchase equipment for the integration of the case docket system

into a state-of-the-art comprehensive database to be shared between the court system and law enforcement; —$2,000,000 to the Vermont Department of Public Safety for the

Criminal Justice Integration System Project; —$3,000,000 to the Minnesota Department of Public Safety for

the integrated criminal justice information system titled

CriMNet;

—$200,000 for Pennsylvania’s Cross Current Corporation Criminal Justice County Integration Project; —$500,000 to the Sandy City, Utah Police Department for an

automated records storage and communications system to operate in conjunction with the court system; —$100,000 to the Ogden City, Utah Police Department for a facial recognition system; —$2,000,000 to the Great Cities Universities Coalition in Georgia for criminal justice data gathering and analysis; —$250,000 to the City of Gulfport, Mississippi for the Gulfport

Critical Incident Response Technologies; —$1,000,000 to the Missouri Office of the State Court Administrator for computer upgrades and modernizations of the juvenile court system;

—$450,000 for implement a Louisiana Statewide Sex Offender

Database;

—$500,000 Whatcom County, Washington’s Multi-Jurisdictional

Criminal Justice Data Integration Project to develop and implement an integrated county-wide communications system;

—$500,000 for the Offenders’ Unified Tracking for Rehabilitation, Enforcement, Assistance, and Community Health (OUTREACH) program at the University of Pennsylvania Lee Center of Criminology;

—$2,000,000 for the Ohio Bureau of Criminal Investigation to

purchase Live-Scan machines for use by Ohio law enforcement

agencies;

—$3,000,000 for the South Carolina Law Enforcement Division

to obtain equipment, convert existing databases and integrate

systems for accurate and rapid processing of information to

support identifications for criminal and civil purposes;

—$250,000 to the South Bend, Indiana Police Department for the

purchase of an automated fingerprint imaging system (AFIS);

—$75,000 to the St. Louis, Missouri Police Department to enhance an existing web-based crime analysis and information

sharing system;
68

—$1,000,000 for the Syracuse University Cross-Information Language Retrieval system to assist law enforcement in the search

and analysis of foreign Internet document databases; —$1,900,000 to upgrade automated fingerprint identification systems (AFIS) in Hawaii; and

—$850,000 for the University of Southern Mississippi for crime

identification technology training.

Upgrade Criminal History Records (Brady Act).—Within the

amounts available for crime identification technology, the Committee recommends $35,000,000, for States to upgrade criminal history records so that these records can interface with other data

bases holding information on other categories of individuals who

are prohibited from purchasing firearms under Federal or State

statute. Additionally, the national sexual offender registry [NSOR]

component of the Criminal History Records Upgrade Program has

two principal objectives. The registry assists States in developing

complete and accurate in-State registries. It will also assist States

in sharing their registry information with the FBI system which

identifies those offenders for whom special law enforcement interest has been noted.

Crime Laboratory Improvement Program.—The Committee recommends $35,000,000 for the crime laboratory improvement program.

DNA Backlog Elimination.—The Committee recommends

$40,000,000 to reduce the DNA sample backlog. Within this

amount, $5,000,000 is available for Paul Coverdell Forensics

Sciences Improvement grants.

Within the overall amounts recommended for the Crime Laboratory Improvement and DNA Backlog Elimination Programs, 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: —$500,000 to Allegheny County, Pennsylvania for the Allegheny

County Forensics Laboratory for improvements;

—$180,000 to the Arkansas State Crime Lab for the continuation

of the Arkansas Crime Lab DNA Backlog Reduction program;

—$142,900 to the Broome County, New York Government Security Division for a computer and video forensics laboratory;

—$1,500,000 to establish the Metropolitan Forensic Science Center in Albuquerque, New Mexico which will serve law enforcement agencies involved in Indian Country;

—$800,000 for the National Academy for Forensic Computing in

Central Piedmont, North Carolina;

—$1,250,000 for the DNA Testing Center at Florida Gulf Coast

University;

—$750,000 for the Commonwealth of Virginia to enhance existing State forensic laboratory capabilities for analysis and training;

—$400,000 for the Birmingham Police Department to improve

and update their forensic laboratory;

—$500,000 for the Forensics Laboratory at East Stroudsburg

University, Pennsylvania to assist Pennsylvania’s law enforcement community by expediting the processing of the State’s

DNA backlog;
69

—$500,000 to the Indiana State Police, Laboratory Division for

personnel, equipment, supplies, and contractual needs in order

to meet the increased demands on the DNA Analysis Unit; —$500,000 to the Kansas Bureau of Investigation for lab equipment and an information management system to track evidence;

—$3,000,000 for the Marshall University (MU) Forensic Science

Program in West Virginia; —$750,000 for the Mississippi Crime Lab to improve the State’s

capability to analyze DNA evidence; —$750,000 for the University of Tennessee to continue the development of technology, forensic training, and research; —$1,500,000 for the State University of New York at Albany to

establish the North East Regional Forensic Institute; —$500,000 for upgrades at the Northern Illinois Police Crime

Laboratory; —$800,000 to the Ohio Bureau of Criminal Investigation for improvements to its Forensic Science Lab; —$900,000 to the Pikes Peak Metro Crime Lab in Colorado for

renovations necessary to meet the demand for DNA analysis

services;

—$1,500,000 to the South Carolina Law Enforcement Division

for equipment to support a Federal and State collaboration of

investigators and forensics experts to solve high technology

crimes through one center; —$3,000,000 to the South Carolina Law Enforcement Division

for continued funding to support the growing State and local

law enforcement needs in the only full service forensic laboratory in South Carolina; —$970,000 to the Southeast Missouri Crime Lab for modernizations and equipment; —$500,000 to Texas Tech University for the Southwest Institute

for Forensic Sciences;

—$2,000,000 for the State of Maryland and the City of Baltimore

DNA Labs to be evenly divided among each; and

—$4,000,000 for the West Virginia University (WVU) Forensic

Identification Program.

Prosecution Assistance Programs

Southwest Border Prosecutions.—The Committee recommends

$50,000,000 to provide assistance to State and local prosecutors located along the Southwest border, including the integration and

automation of court management systems. This program will provide financial assistance to Texas, New Mexico, Arizona, and California for the State and local costs associated with the handling

and processing of drug and alien cases referred from Federal arrests.

Gun Violence Reduction Program.—The Committee recommends

$50,000,000 for a new program that will encourage States to increase the prosecution of gun criminals. This program encompasses

a broad range of gun violence strategies, including hiring and

training of local prosecutors and implementing public awareness

campaigns to advertise tough sentences for gun crimes and foster

community support.
70

Community Crime Prevention

Police Integrity Program.—The Committee recommends

$17,000,000 for the Police Integrity Program. This program promotes police integrity, the appropriate use of police authority, and

community policing through delivering training and technical assistance to local communities, as well as by providing grants that

will help agencies create or strengthen local programs that help

build trust between police and their communities.

The Offender Re-entry Program.—The Committee recommends

$15,000,000 for the Offender Re-entry Program. The Department of

Justice, in collaboration with the Departments of Labor, Health

and Human Services, Housing and Urban Development, and Education, OJP will provide grants to communities to design, implement, enhance, and evaluate reentry programs for serious, violent

offenders.

Project Sentry.—The Committee recommends $15,000,000 for

Project Sentry. This program will create a new Federal and State

partnership establishing safe schools task forces across the country

that will prosecute and supervise juveniles who violate Federal and

State firearms laws and adults who illegally furnish firearms to

them. An additional $5,000,000 is provided for this initiative

through the Juvenile Justice programs, for a total funding level of

$20,000,000.

Safe Schools Initiative.—The Committee recommends

$20,013,000 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 crime and disorder problems, 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:

—$500,000 for the Alaska Community in Schools Mentoring Program;

—$1,000,000 for the Police Athletic League of New Jersey to implement a short term residential summer camp program for

youth;

—$1,500,000 for the East Orange Police Athletics League to provide services and programs, including parenting classes, computer training, GED preparation, mentoring and recreational

programs;

—$1,000,000 for Wisconsin’s Families & Schools Together (FAST)

Prevention Program to provide services to at-risk youth;

—$60,000 for Washington County, Oregon’s Hillsboro Boys and

Girls Club Gang Prevention Program which is a targeted outreach program to deter young people from gang involvement;

—$1,000,000 for the Safe Schools Initiative in the City of Macon,

Georgia to allow public schools to expand programs that are

dedicated to addressing gangs, drugs, and violence;

—$500,000 for the Juvenile Justice and Delinquency Program in

Macon, Georgia. This funding will be used to improve mentoring programs that are dedicated to reducing incidences of

juvenile crime, violence, and substance abuse;
71

—$1,500,000 to the National ‘‘I Have A Dream’’ Foundation for

at-risk youth; —$400,000 for the New Mexico Police Athletic League to continue the statewide Law enforcement and Professional Business Volunteer Technology and Mentoring program and to expand its program to assist at-risk youth to 14 additional sites; —$1,300,000 for the University of Montana to facilitate a statewide community based curriculum development initiative that

promotes responsible behavior and reduces youth violence in

schools and communities; —$100,000 for the Jefferson County, Illinois Sheriff’s Office and

Hamilton-Jefferson County Regional Office of Education to implement a safe schools program; —$500,000 for New Mexico’s School Security Technology and Resource Center (SSTAR) to provide public schools with physical

security assessments, to test existing school security systems,

and to implement tailored security plans; —$295,000 for the Watch D.O.G.S. Across America in Springdale, Arkansas to enhance school safety; and —$1,500,000 to provide community-based, cost-effective alternative programs for juveniles who are, have been or maybe

subject to compulsory care, supervision or incarceration in public or private institutions in several States including South

Carolina.

Management and Administration.—The Committee recommends

$35,000,000 for the management and administration of the COPS

Office. Within the funds provided, the Committee directs the COPS

office to maintain a staffing level of no less than 215 full-time positions. The Committee shall be provided a report no later than December 31, 2002 on the efforts being made by COPS to achieve this

staffing goal.

JUVENILE JUSTICE PROGRAMS

Appropriations, 2002 ............................................................................. $305,860,000

Budget estimate, 2003 ........................................................................... 257,801,000

Committee recommendation ................................................................. 298,425,000

The Committee recommends an appropriation of $298,425,000. The recommendation is $40,624,000 above the budget request.

Juvenile justice and delinquency prevention.—The Committee

recommendation includes a total of $298,425,000 for administrative

expenses and grants to States and localities for projects in the

areas of education, research, prevention, and rehabilitation including:

1. $7,112,000 for the Office of Juvenile Justice and Delinquency

Prevention [OJJDP] (Part A).

2. $88,800,000 for formula grants for assistance to State and

local programs (Part B).

3. $58,513,000 for discretionary grants for national programs and

special emphasis programs (Part C).

Within the amounts provided for Part C discretionary grants and

all of the other funds provided under Juvenile Justice programs,

the Committee directs OJJDP to provide the following grants:

—$500,000 to the Saginaw Chippewa Indian Tribe of Michigan

for a victims of crime program;
72

—$450,000 to the After School and Counseling Programs for AtRisk Native American Youth in South Dakota;

—$400,000 to Task Inc. for a demonstration project with the Circuit Court of Cook County, Illinois to serve non-violent offenders who demonstrate mental illness and/or substance abuse;

—$35,000 for the City of Fort Thomas, Kentucky to develop and

implement a drug education and prevention program in the

school system;

—$90,000 to Lewis County, Kentucky and the City of Vanceburg,

Kentucky to develop and implement a drug education and prevention program in the school system and provide additional

resources to address law enforcement problems associated with

drug use;

—$200,000 to the Patriot Center in Rockford, Illinois for programs for at-risk youth;

—$750,000 to the Bethesda Home for Boys in Savannah, Georgia

to assist in providing delinquency intervention counseling;

—$500,000 to the Birmingham, Alabama Education Technology

(BET) Center for at-risk-youth programs;

—$1,000,000 for the Cal Ripken, Sr. Foundation for youth prevention programs aimed at leadership, teamwork, and drug

prevention;

—$200,000 for the Camden City, New Jersey Housing Authority

to establish a drug prevention program for children in low income housing developments;

—$840,000 for Oregon Partnership’s Champions for Healthy Kids

and Communities program to provide local youth and adult

leadership development education and training on underage

drinking and drug use;

—$60,000 to the South Coast Inter-Agency Narcotics Team,

Coquille, Oregon for drug prevention;

—$500,000 to the United Way of Chittendon County, Vermont to

continue the Champlain Mentoring Initiative Project;

—$300,000 to Charles Mix County, South Dakota for a full-time

substance abuse counselor for local youth, and for the expansion of youth programs in Lake Andes and Wagner, South Dakota;

—$5,000,000 to I-Safe America for internet safety education for

grades K–12 to prevent child predation on the internet;

—$75,000 to the Nez Perce Tribe in Lapwai, Idaho for the Child

Protection Program to coordinate the services of human resource programs;

—$4,000,000 to the National Center for Missing and Exploited

Children for the Child Sexual Exploitation Campaign to expand services to law enforcement in cases of child pornography, child molestation, and sexual exploitation;

—$400,000 to Ohio’s Children Who Witness Violence Program for

crisis intervention, assessment and treatment services to children and families impacted by violence;

—$200,000 for Parents and Children Together (PACT) to provide

gang prevention services, counseling and outreach, and supervised, alternative activities to youth in the Kuhio Park Terrace

and Kuhio Homes housing units in Honolulu, Hawaii;
73

—$2,000,000 to the University of New Hampshire’s Crimes

Against Children Research Center; —$300,000 for the Elizabeth Buffum Chace Family Resource

Center in Warwick, Rhode Island to provide services for members of the community affected by domestic violence; —$100,000 for the Family Ties Supervised Visitation Services in

Wakefield, Rhode Island to provide domestic violence prevention and services;

—$4,500,000 to Fox Valley Technical College of Appleton, Wisconsin to increase and expand services offered to local law enforcement involved in the investigation of child abuse and neglect; —$200,000 to From Darkness to Light in Charleston, South

Carolina which seeks to prevent child abuse and obtain services for victims of child abuse by providing information about

the prevalence and consequences of child sexual abuse; —$1,500,000 to expand and replicate the Beyond Bars program;

—$1,500,000 for Girls and Boys Town, USA;

—$2,000,000 for the National Council of Juvenile and Family

Court Judges to improve the juvenile and family court judicial

system, specifically in handling child abuse and neglect cases; —$600,000 for the Iowa Big Brothers Big Sisters Rural Youth

Mentoring Initiative; —$300,000 to the City of Jackson, Mississippi for a juvenile justice program; —$1,000,000 to Western Kentucky University for the Juvenile

Delinquency Project; —$390,000 for the Juvenile Fire Setters program;

—$2,000,000 to the State of Alaska for a Child Abuse Investigation Program; —$750,000 to Alaska’s LOVE Social Services to establish and enhance after school programs in Fairbanks, AK for at risk

youth;

—$600,000 for the Boys and Girls Home of Nebraska to expand

programs geared towards youth who have committed minor offenses and/or have unique mental, psychological and behavioral problems;

—$500,000 for a statewide at-risk youth mentoring program in

Alaska involving community based organization, schools, and

non-profit entities including Boys and Girls Clubs and Big

Brother-Big Sisters.

—$500,000 for Juvenile Offender Treatment and Prevention

Project to provide mental health treatment and prevention

services to youth and families involved with or at high risk of

involvement with the Tulsa County juvenile justice system;

—$500,000 for the Kansas Big Brothers Big Sisters to expand

services to all 105 counties in the State;

—$500,000 to the City of Los Angeles, California for the Family

Violence Program;

—$100,000 for Marion County, Oregon’s Life Directions Peer

Mentoring Partnership which seeks to break the cycle of drug

addiction, violent crime, and teenage pregnancy;

—$1,000,000 to Montana’s Yellowstone Boys and Girls Ranch for

the Living Independently and Fostering Empowerment (LIFE)
74

program, which prepares emotionally troubled youth between

ages 18 and 22 for independent living; —$125,000 to Virginia’s Lonesome Pine Office on Youth for the

continuation of delinquency prevention and youth development

programs; —$500,000 to the Low County Children’s Center in South Carolina for continued support for a collaborative effort among local

organizations in Charleston that provide full services to children who have been abused;

—$400,000 for Pennsylvania’s Martin Luther King, Jr. Center for

Non-Violence to continue its Life Skills program which enables

students to work alongside business and industry mentors; —$500,000 to Mission St. Joseph’s child protection program in

North Carolina, which addresses the abuse and neglect of children in the Southern Appalachians who suffer from developmental disabilities;

—$1,400,000 for the National Child Protection Development and

Training Center in Minnesota; —$3,000,000 for the National Council of Juvenile and Family

Court Judges to provide special training and education for

judges assigned to juvenile and family courts nationwide; —$400,000 to Prevent Child Abuse America for the National

Family Support Roundtable; —$2,000,000 to the National Center for Missing and Exploited

Children for the NETSMARTZ Initiative to expand the program into schools, homes, and youth organization nationwide; —$200,000 for Nevada Child Seekers to assist in locating missing children and providing resources for the families of missing

children;

—$750,000 for the Afterschool Services Pilot program operated

by the New Mexico State University Cooperative Extension

Service to serve youth who are at home alone or are unsupervised between 2 and 6 in the afternoon;

—$60,000 for the North Shore Youth Council in Long Island,

New York to provide family counseling and youth development

services to underserved children in the Miller Place and Rocky

Point school districts;

—$3,000,000 for Parents Anonymous, Inc., to develop partnerships with local communities to build and support strong, safe

families and to help break the cycle of abuse and delinquency;

—$3,000,000 for the ‘Innovative Partnerships for High Risk

Youth’ demonstration;

—$650,000 for Prarie View Prevention Services in Sioux Falls,

South Dakota to establish a pilot project for the long-term

treatment of juvenile methamphetamine abuse and dependence;

—$150,000 to the Crow Creek Sioux Tribe in South Dakota for

Project Safe;

—$400,000 for the Rapid Response Program in Washington and

Hancock Counties in the State of Maine;

—$250,000 for the Safer Learning Center in Chicago, Illinois for

expansion of mentoring and peer-learning programs;

—$250,000 to Boysville of Michigan and SER Metro Detroit for

the Samaritan Center;
75

—$2,500,000 to the South Carolina Department of Juvenile Justice for a modern information network to improve tracking and

services provided to juveniles;

—$580,000 for St. Joseph’s Indian School in South Dakota for juvenile delinquency prevention programs;

—$100,000 for the St. Louis for Kids program to provide afterschool programs for at-risk elementary school students in inner

city St. Louis, Missouri;

—$450,000 for the State of Pennsylvania Witness Protection Program;

—$900,000 for the Arkansas Boys and Girls Clubs to expand

after-school programs, drug and violence prevention activities,

and mentoring of at-risk children;

—$400,000 for a grant for the Milwaukee Summer Stars Program;

—$1,250,000 for the Teens, Crime and Community program;

—$60,000 to the Child Advocacy Center in Springfield, Missouri

for support services;

—$1,500,000 to The Family Development Foundation in Las

Vegas, Nevada for domestic violence prevention and intervention;

—$1,900,000 for law related education for continued support;

—$300,000 for the University of Southern Mississippi Juvenile

Justice Prevention Partnership program;

—$300,000 to the Vermont Children’s Forum to expand the teen

leadership training program as well as develop strategies to

combat teen delinquency and promote teen leadership development;

—$300,000 for a grant to the Vermont Coalition of Teen Centers;

—$1,000,000 for the Wisconsin Safe & Sound Program which

combines aggressive enforcement, community organizing, and

the establishment of ‘‘safe places’’ for children to go during

non-school hours in Milwaukee’s highest crime areas;

—$600,000 to Utah State University for the Youth and Families

with Promise Program;

—$300,000 for the Youth Center of Wyoming Valley, Pennsylvania to provide preventative substance abuse education programs;

—$300,000 for the Vermont Department of Employment and

Training to establish a statewide young offender reentry system targeted at young men aged 18–21;

—$250,000 to Jefferson County, Colorado for the Youth System

Improvement Project;

—$500,000 for the Youth Violence Prevention Research Project

at the University of South Alabama;

—$150,000 for the City of Aberdeen, South Dakota to establish

a Youth-Adult Partnership of Aberdeen (YAPA) community

youth center, which will provide structured out-of-school activities for teens; and

—$1,000,000 for Kansas YouthFriends to expand the school

mentorship program.

4. $12,000,000 for the Youth Gangs (Part D) Program which provides grants to public and private nonprofit organizations to pre-
76

vent and reduce the participation of at-risk youth in the activities

of gangs that commit crimes.

5. $10,000,000 for discretionary grants for State challenge activities (Part E). This program authorizes the OJJDP Administrator to

award grants which could increase the amount of a State’s formula

grant by up to 10 percent, if that State agrees to undertake some

or all of the 10 challenge activities included in this program. These

challenge activities are designed to improve various aspects of a

State’s juvenile justice and delinquency prevention program.

6. $16,000,000 for the Juvenile Mentoring Program [JUMP] (Part

G). This program seeks to reduce juvenile delinquency, improve

academic performance, and reduce the dropout rate among at-risk

youth through the use of mentors. This program has proven successful in reaching at-risk youth and has significant support at the

local level. The program brings together young people in high crime

areas with law enforcement officers and other responsible adults

who are willing to serve as long-term mentors. The Committee encourages OJP to focus on applications submitted by community

based organizations with a proven history of providing effective and

efficient one-on-one services. Within the amounts provided, the

Committee provides $5,000,000 for the Big Brothers/Big Sisters

program to expand its capacity to serve more at-risk youth.

7. $95,000,000 for the At Risk Children’s Program (Title V).

Under Title V of juvenile justice programs, the At Risk Children’s

Program provides funding to support comprehensive delinquency

prevention plans formulated at the community level. The program

targets truancy and school violence; gangs, guns, and drugs; and

other influences that lead juveniles to delinquency and criminality.

Within the amounts provided, up to $5,000,000 may be used for the

Project Sentry program.

Safe Schools Initiative [SSI].—The Committee includes

$15,000,000 within the Title V grants for the Safe Schools Initiative. This effort may include training and services such as: accountability and responsibility training; violence reduction training, including dispute resolution; juvenile mentoring; training for teachers

and families to recognize troubled children; and parent accountability and family strengthening education. Of the amounts provided for the School Safety Initiative, the Committee directs that

$10,000,000 be transferred to the Part C discretionary grant program to fund juvenile justice prevention programs that seek to improve the lives of the nation’s youth, and thereby improve children’s educational environments.

Tribal Youth Program.—The Committee includes $12,500,000

within Title V grants for programs to reduce, control, and prevent

crime both by and against tribal and Native youth; for interventions for court-involved tribal youth; for improvement to tribal and

Native juvenile justice systems; and for prevention programs focusing on alcohol and drugs, including the Alaska Federation of Natives to develop an underage drinking prevention program in rural

Alaska that includes assessment and education and focuses on the

children of alcoholics. Within this amount, the Committee directs

that $2,000,000 be provided for a grant to fund the Alaska Illegal

Drug and Alcohol Use Initiative.
77

Enforcing the Underage Drinking Laws Program.—The Committee recommends $25,000,000 within Title V grants to assist

States in enforcing underage drinking laws. Each State shall receive $360,000 and $6,640,000 shall be available for discretionary

grants to States. The Office of Justice Programs is directed to provide a report to the Committee no later than March 1, 2003 on the

accomplishments of the program to date. Within the amounts provided for underage drinking, OJP shall make an award to the Alaska Federation of Natives to develop an underage drinking prevention program in rural Alaska including assessment and education,

focusing on the children of alcoholics.

Juvenile justice research, evaluation, training, and technical assistance.—The Committee recognizes that high quality research,

evaluation, and statistical analysis are critical to understanding

and addressing the causes of youth crime, understanding the scope

of delinquency and its impact on the juvenile justice system, and

identifying effective approaches to delinquency control that can be

replicated at the State and local levels. The Committee recommendation allows the Office of Juvenile Justice and Delinquency

Prevention Programs [OJJDP] to set aside 2 percent for training

and technical assistance and 10 percent for research, evaluation,

and statistics activities.

8. Victims of Child Abuse Act.—The Committee recommends

$11,000,000 for the various programs authorized under the Victims

of Child Abuse Act [VOCA]. Funds, provided to establish regional

and local children’s advocacy centers, may not be used to provide

legal aid. The recommendation includes $11,000,000 to improve investigations and prosecutions (subtitle A) as follows:

—$2,500,000 to establish regional children’s advocacy centers, as

authorized by section 213 of VOCA;

—$5,500,000 to establish local children’s advocacy centers, as authorized by section 214 of VOCA;

—$1,000,000 for the National Children’s Advocacy Center in

Huntsville, Alabama to develop and implement a training program; and

—$850,000 for a continuation grant to the National Network of

Child Advocacy Centers for technical assistance and training,

as authorized by section 214a of VOCA.

ELECTION REFORM GRANT PROGRAM

Appropriations, 2002 ............................................................................. ...........................

Budget estimate, 2003 ........................................................................... $400,000,000

Committee recommendation ................................................................. 400,000,000

The Committee recommends $400,000,000 for the Office of Justice Programs to establish an election reform grant program as authorized by H.R. 3295, the Martin Luther King, Jr. Equal Protection of Voting Rights Act of 2002, as amended and passed by the

Senate on April 11, 2002. Within the amount provided,

$150,000,000 is for the Federal Election Reform Incentive Grant

Program, $10,000,000 is for the Protection and Advocacy Services

Grant Program, $150,000,000 is for the Uniform and Non-discriminatory Election Technology and Administration Requirements

Grant Program, and $90,000,000 is for the establishment of the
78

Federal Election Accessibility Grant Program as established by

H.R. 3295, as amended and passed by the Senate.

PUBLIC SAFETY OFFICERS BENEFITS

Appropriations, 2002 ............................................................................. $37,724,000

Budget estimate, 2003 ........................................................................... 53,054,000

Committee recommendation ................................................................. 53,054,000

The Committee recommends an appropriation of $53,054,000.

The recommendation is equal to the budget request and provides

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, $4,000,000 is provided to pay for disability benefits to

public safety officers who are permanently disabled in the line of

duty. Within the available carryover balances, sufficient funding 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. No additional funding is provided to expand the education

benefits program in fiscal year 2003.

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

The Committee recommends the following general provisions:

Section 101 makes up to $45,000 of the funds appropriated to the

Department of Justice available for reception and representation

expenses.

Section 102 allows the Department of Justice to spend up to

$10,000 for rewards for information regarding acts of terrorism

against U.S. citizens or property at levels not to exceed $2,000,000

per reward.

Section 103 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 104 provides technical assistance funds to improve oversight of certain grant programs.

Section 105 transfers certain collections from one fee account to

another under the Immigration and Naturalization Services.

Section 106 allows Justice to collect reimbursements from manufacturers for warranty work done in-house.
(79)

TITLE II—DEPARTMENT OF COMMERCE AND RELATED

AGENCIES

The Committee recommends a total of $5,962,105,000 for the

U.S. Trade Representative, the International Trade Commission,

and the Department of Commerce for fiscal year 2003. This amount

is $14,726,000 below the total request.

TRADE AND INFRASTRUCTURE DEVELOPMENT

The Committee has included under this section of title II, the

U.S. Office of the Trade Representative, the International Trade

Commission, and the Department of Commerce agencies responsible for trade promotion and enforcement and economic infrastructure development.

RELATED AGENCIES

OFFICE OF THE U.S. TRADE REPRESENTATIVE

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $30,097,000

Budget estimate, 2003 ........................................................................... 32,299,000

Committee recommendation ................................................................. 30,832,000

The Committee recommends an appropriation of $30,832,000 for

the U.S. Trade Representative. The recommendation is $1,467,000

below the budget request. The recommendation includes the fiscal

year 2002 funding level and a 4.1 percent pay adjustment for Federal employees. The budget request recommended shifting jurisdiction over the U.S. Trade Representative to the Executive Office of

the President. The Committee does not concur with this recommendation.

The Office of the U.S. Trade Representative is responsible for developing and coordinating U.S. international trade, commodity, and

direct investment policy, and leading negotiations with other countries on such matters. The U.S. Trade Representative’s areas of responsibility include all matters within the World Trade Organization, including implementation of the Uruguay Round of multilateral trade agreements; trade, commodity, and direct investment

matters dealt with by international institutions such as the Organization for Economic Cooperation and Development and the

United Nations Conference on Trade Development; industrial, agricultural and services trade policy, and trade-related intellectual

property protection and environmental issues.
80

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $51,440,000

Budget estimate, 2003 ........................................................................... 54,000,000

Committee recommendation ................................................................. 54,600,000

The Committee recommends an appropriation of $54,600,000. The recommendation is $600,000 above the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level and a 4.1 percent pay adjustment for Federal employees.

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 U.S. 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, 2002 ............................................................................. $345,547,000

Budget estimate, 2003 ........................................................................... 363,678,000

Committee recommendation ................................................................. 350,242,000

The Committee recommends an appropriation of $350,242,000. In

addition, the Committee anticipates $3,000,000 in fees. The recommendation is $13,436,000 below the budget request and includes

a 4.1 pay adjustment for Federal employees. The recommendation

includes a $13,100,000 increase to hire 82 full-time equivalents

within Market Access and Compliance, Import Administration, and

the U.S. Foreign and Commercial Service for continuation of the

trade compliance and monitoring initiatives.

The Committee does not recommend the Administration’s estimate of $13,000,000 in fees during fiscal year 2003. Rather, as in

past years, the Committee recommends $3,000,000 in fees. The Administration proposed a $10,000,000 fee increase as part of its fiscal year 2003 budget request. The ITA’s plan was to commission a

study during fiscal year 2002 to identify areas of cost recovery on

fee collections. The Administration has not provided the Committee

with findings from such a study or an explanation of from exactly

where the fees would be collected. Until such an explanation is

available, the Committee will not recommend that there be an increase in fee collections.

The Committee recommendation includes $13,325,000 for Administration and Executive Direction. The Administration’s proposal

included a $10,375,000 increase over the fiscal year 2002 level for

this line office. Under the Administration’s proposal, to fund this

increase, $8,700,000 would be removed from the U.S. Foreign and

Commercial Service budget; $775,000 would be removed from the

Import Administration budget; $350,000 would be removed from

the Market Access and Compliance budget; and $550,000 would be

removed from the Trade Development budget. This increase would

reflect ITA’s consolidation of Chief Information Officer (CIO) activi-
81

ties to ensure that all systems within the bureau communicate and

compliment each other. The Administration maintains that this

transfer would assure centralized leadership and management of

ITA information technology decisions, planning, management and

updating. The Committee finds the goal of streamlining CIO functions laudable and recommends that in the future, the Department

of Commerce work with the Committee to promote such an effort

throughout the Department. To date, however the Department has

not submitted a plan as to exactly how such a consolidation would

move forward. The Committee therefore does not recommend this

effort and rather recommends restoration of funds to the ITA line

offices. These funds may be transferred to the Administration and

Executive Director account upon approval of a section 605 reprogramming by the Committee on Appropriations.

The recommended funding levels are reflected in the following

table:

ITA Funding

Trade development ................................................................................ $68,083,000

Market access and compliance .............................................................. 28,197,000

Import Administration .......................................................................... 44,006,000

U.S. and Foreign Commercial Service ................................................. 199,631,000

Administration/executive direction ....................................................... 13,325,000

Offsetting Fee Collections ..................................................................... (3,000)

ITA total appropriation .............................................................. 350,242,000

Trade Development.—The Committee recommends an appropria- tion of $68,083,000. The recommendation is $10,687,000 above the

budget request. The Committee recommends continued funding for

the enhancement of the agency’s export data base, funding for the

National Textile Center at a level of $10,000,000 and the Textile/

Clothing Technology Center at a level of $3,000,000.

Market Access and Compliance.—The Committee recommends an

appropriation of $28,197,000. The recommendation is $7,619,000

below the budget request. Assuring that U.S. companies receive the

full benefit of our trade agreements is critically important. In fiscal

year 2002, the Committee approved a large increase for compliance

and enforcement. The Committee directs the Office of Market Access and Compliance (MAC) to continue with their compliance effort and recommends $23,525,000 within available funds for this

purpose.

The Committee recommends $1,500,000 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 U.S. companies face in these markets.

Import Administration.—The Committee recommends an appropriation of $44,006,000. The recommendation is $7,741,000 below

the budget request. The Committee recommendation includes

$1,500,000 for the Import Administration to continue to place and

maintain overseas enforcement officers, including monitoring compliance with the World Trade Organization and other international

commitments on antidumping and subsidies.

The Committee recommendation provides $3,500,000 for the Import Administration to monitor import data and customs flows for
82

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

U.S. companies can receive relief at the earliest possible date. In

addition, Import Administration must vigorously monitor foreign

subsidies so that action can be taken if the subsidies violate trade

agreements.

The Committee recommends $2,500,000 to review and evaluate

in-depth China and Japanese compliance with antidumping and

countervailing duty commitments. China and Japan represent the

majority of unfair trade actions, and the Committee believes there

is an urgent need for greater attention to both Japanese and Chinese trade practices.

U.S. and Foreign Commercial Service [US&FCS].—The Committee recommends an appropriation of $199,631,000. The recommendation is $5,713,000 below the request.

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 to 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 the agency to support the project.

Administration and Executive Direction.—The Committee recommends an appropriation of $13,325,000. The recommendation is

$1,540,000 below the budget request. Bill language is included

which prohibits certain offices from taking funds from other accounts. If additional funds are needed, a reprogramming request

should be submitted to the Committee for approval.

EXPORT ADMINISTRATION

Appropriations, 2002 ............................................................................. $70,649,000

Budget estimate, 2003 ........................................................................... 100,198,000

Committee recommendation ................................................................. 98,540,000

The Committee recommends an appropriation of $98,540,000.

The recommendation is $1,658,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level, a 4.1 percent pay adjustment for Federal employees, and

$26,786,000 for requested Homeland Security program increases.

The Bureau of Export Administration [BXA] is the principal

agency involved in the development, implementation, and enforcement of export controls for dual-use technologies and weapons of

mass destruction. The Export Enforcement Division detects, prevents, investigates, and assists in the sanctioning of illegal dualuse exports. Within available funds, the Committee recommendation provides $6,159,000 to improve BXA’s information technology

security program; $33,577,000 for licensing and regulatory activities; $29,323,000 to divert exports of items that could contribute to

the weapons of mass destruction programs of China, Russia, and

India or to terrorist capabilities of certain rogue states such as

Iraq, Iran, Libya, and Syria; and $6,326,000 for the Critical Infrastructure Assurance Office’s (CIAO) mission on critical infrastructure outreach to state and local governments.
83

The Committee directs BXA to conduct a comprehensive study on

the health, competitiveness, and the contribution of the U.S. textile

and apparel industry to the U.S. economy and in particular to the

U.S. armed forces. The study should include a review of whether

the United States is increasing its dependency on foreign sources

for critical textile-related materials; potential threats to internal

security from increased foreign sourcing and dependency; whether

the Berry amendment and other Buy-American restrictions are

being effectively enforced by the Department of Defense. The Committee requests that the study be completed no later than May 1,

2003 and recommends $750,000 within available funds for this purpose.

The Committee recommendation fully funds the fiscal year 2003

request for authorized CIAO activities. The Committee does not

recommend funds for the Technology and Evaluation Program because it exceeds the CIAO’s authority. Rather, the Committee recommendation includes $20,000,000 for the Export Administration

to implement a CIAO activity to address the private sector’s inattention to the terrorist threats to our national critical infrastructure. The Committee directs the CIAO to develop a public-private

partnership, to consist of a team of experts that have both the technological and legal expertise provide assistance to the private sector. This initiative should first target those sectors and companies

that are determined to be of the highest importance to U.S. national security needs. The Committee recommends that the CIAO

develop a plan and a funding request for this initiative.

ECONOMIC DEVELOPMENT ADMINISTRATION

Appropriations, 2002 ............................................................................. $365,557,000

Budget estimate, 2003 ........................................................................... 348,000,000

Committee recommendation ................................................................. 366,211,000

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.

The Committee recommends an appropriation of $366,211,000.

The recommendation is $18,211,000 above the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level and a 4.1 percent pay adjustment for Federal employees.

Funding amounts for the two appropriations accounts under this

heading are displayed below.

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

Appropriations, 2002 ............................................................................. $335,000,000

Budget estimate, 2003 ........................................................................... 317,235,000

Committee recommendation ................................................................. 335,000,000

The Committee recommends an appropriation of $335,000,000.

The recommendation is $17,765,000 above the budget request and

is identical to the fiscal year 2002 funding level.

The Committee recommendation provides funding of

$250,000,000 for public works grants (title I), $24,000,000 for planning assistance, $10,500,000 for trade adjustment assistance,
84

$40,900,000 for economic adjustment grants (title IX), and

$9,100,000 for technical assistance.

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: (1) the

Vermont Economic Development Fund; (2) infrastructure improvement at Discovery Square and Lancaster Square, PA; (3) a proposal

for economic development in Albuquerque, New Mexico; (4) development of a multi-purpose dock in Cordova, AK; (5) a proposal for

a wireless initiative in Taylor County, KY; and (6) a proposal for

technology initiatives at Mississippi Valley State University.

The Committee lauds EDA for its continued efforts to strengthen

private sector business activity and development on Indian lands,

and urges that it act expeditiously to develop an implementation

plan for the recently enacted Native American Business Development, Trade Promotion, and Tourism Act.

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 and

coal industries, 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 NAFTA.

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $30,557,000

Budget estimate, 2003 ........................................................................... 30,765,000

Committee recommendation ................................................................. 31,211,000

The Committee recommends an appropriation of $31,211,000.

The recommendation is $446,000 above the budget request.

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

Appropriations, 2002 ............................................................................. $28,381,000

Budget estimate, 2003 ........................................................................... 28,906,000

Committee recommendation ................................................................. 28,636,000

The Committee recommends an appropriation of $28,636,000.

The recommendation is $270,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level and a 4.1 percent pay adjustment for Federal employees. The

Committee notes that since its inception in 1969, neither the Minority Business Development Agency nor its predecessor, the Office

of Minority Business Enterprise, have ever been authorized.

ECONOMIC AND INFORMATION INFRASTRUCTURE

The Committee includes under this section of the bill the Department of Commerce agencies responsible for the Nation’s basic economic and technical information infrastructure, as well as the administrative functions which oversee the development of telecommunications and information policy.
85

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $62,515,000

Budget estimate, 2003 ........................................................................... 73,220,000

Committee recommendation ................................................................. 63,758,000

The Committee recommends an appropriation of $63,758,000.

The recommendation is $9,462,000 below the budget request and

includes funding to continue the necessary task of updating and

improving statistical measurements of the U.S. economy and international transactions. The Committee recommendation includes the

fiscal year 2002 funding level and a 4.1 percent pay adjustment for

Federal employees.

The Economic and Statistics Administration is responsible for

the collection, tabulation, and publication of a wide variety of economic, demographic, and social statistics and provides support to

the Secretary of Commerce and other Government officials in interpreting the state of the economy and developing economic policy.

The Bureau of Economic Analysis (BEA) and the Under Secretary

for Economic Affairs are funded in this account.

The Committee recommends $56,600,000 for BEA. Of the

amounts provided, the Committee recommends a total of

$38,200,000 for the BEA’s economic accounts and $18,400,000 other

statistical programs. The economic accounts are used to formulate

the nation’s gross domestic product (GDP). Of the amounts provided for economic accounts, $25,400,000 is for the national economic accounts which produce the various input-output, personal

spending, and other national data that feed into the GDP estimates; $7,100,000 is for international economic accounts which collect and develop the external sector estimates for the national economic accounts; $3,800,000 is for the regional economic accounts

which process and develop benchmark wage and salary data; and

$1,900,000 is for analysis and dissemination of data on economic

trends for the GDP accounts data.

BUREAU OF THE CENSUS

Appropriations, 2002 ............................................................................. $490,800,000

Budget estimate, 2003 ........................................................................... 705,316,000

Committee recommendation ................................................................. 496,846,000

The Committee recommends an appropriation of $496,846,000.

The recommendation is $208,470,000 below the budget request.

The Committee recommendation includes the fiscal year 2002 funding level and a 4.1 percent pay adjustment for Federal employees.

The Committee’s recommendations for the Census Bureau accounts

are described in more detail below.

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $169,424,000

Budget estimate, 2003 ........................................................................... 204,996,000

Committee recommendation ................................................................. 173,223,000

The Committee recommends an appropriation of $173,223,000.

The recommendation is $31,773,000 below the budget request. This

account provides for the salaries and expenses associated with the
86

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 key

reports on manufacturing, general economic and foreign trade statistics are maintained and issued on a timely basis.

The Committee recommendation includes an increase of

$5,463,000 to improve estimates of the Nation’s Gross Domestic

Product and an increase of $5,192,000 to measure the impact of

electronic business on the economy. The Committee does not recommend funding increases for trade statistics or restoration of the

Survey of Income and Program Participation.

The Committee requests that the Bureau include in its budget

submission in fiscal year 2004 a report on the reimbursements it

has received for work requested by other Federal agencies or private organizations.

PERIODIC CENSUSES AND PROGRAMS

Appropriations, 2002 ............................................................................. 321,376,000

Budget estimate, 2003 ........................................................................... 500,320,000

Committee recommendation ................................................................. 323,623,000

The Committee recommends an appropriation of $323,623,000.

The recommendation is $176,697,000 below the budget request.

This amount, when combined with approximately $15,000,000 in

carryover, will fully fund periodic censuses and programs.

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.

For the 2010 decennial census, the Committee recommendation

includes $41,875,000 to establish an early design and planning

process to test a simplified, streamlined census designed to collect

‘‘short form’’ data.

For other programs under this account, the Committee recommends the requested levels of $52,375,000 for economic censuses; $5,773,000 for census of governments; $6,092,000 for

intercensal demographic estimates; $6,284,000 for electronic information collection; $37,811,000 for geographic support; and

$23,795,000 for data processing systems. The Committee also recommends $12,658,000 for demographic survey sample redesign.

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

Appropriations, 2002 ............................................................................. $81,273,000

Budget estimate, 2003 ........................................................................... 60,349,000

Committee recommendation ................................................................. 81,688,000

The Committee recommends on appropriation of $81,688,000.

The Committee recommendation is $21,339,000 above the budget
87

request. The Committee recommendation includes a 4.1 percent

pay adjustment for Federal employees.

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $14,054,000

Budget estimate, 2003 ........................................................................... 16,581,000

Committee recommendation ................................................................. 14,352,000

The Committee recommends on appropriation of $14,352,000.

The recommendation is $298,000 above the budget request.

The Committee retains language from previous years allowing

the Secretary of Commerce to charge Federal agencies for a portion

of the cost of coordination of spectrum management, analysis, and

operations.

PUBLIC BROADCASTING FACILITIES, PLANNING, AND CONSTRUCTION

Appropriations, 2002 ............................................................................. $51,716,000

Budget estimate, 2003 ........................................................................... 43,556,000

Committee recommendation ................................................................. 51,776,000

The Committee recommends an appropriation of $51,776,000.

The recommendation is $8,220,000 above the budget request. Public broadcasters face a significant challenge in making the transition from analog to digital broadcasting. The public broadcasters,

as well as commercial broadcasters, are required to make the

change from analog to digital broadcasting by 2005. This is an expensive task, and is going to be particularly challenging for public

broadcasters whose networks include numerous translator stations.

These challenges are particularly great for those broadcasters

who are located in, or who serve, largely rural areas. As in past

years, the Committee continues to urge the agency to place emphasis on the needs of these stations, and to support focusing resources

on distance learning initiatives targeting rural areas.

TECHNOLOGY OPPORTUNITIES PROGRAM

Appropriations, 2002 ............................................................................. $15,503,000

Budget estimate, 2003 ........................................................................... 212,000

Committee recommendation ................................................................. 15,560,000

The Committee recommends an appropriation of $15,560,000.

The recommendation is $15,348,000 above the budget request. The

Committee expects NTIA to limit eligibility for this program.

In its February 2002 annual report on Internet use, ‘‘A Nation

Online: How Americans Are Expanding Their Use of the Internet,’’

the Department of Commerce reported that while Internet use

among the poor and minorities has increased rapidly over the last

3 years, these groups still lag behind a majority of Americans who

have access to the Internet. In its fiscal year 2003 budget request,

the administration slated the Technology Opportunities Program

(TOP) for elimination. According to the Department’s fiscal year

2003 Budget in Brief, the reason for the elimination is that the program has fulfilled its mission. Clearly, there are great numbers of

people that would continue to benefit from the TOP program and

the Committee recommends its full funding.

The regional information sharing system [RISS] under the Department of Justice provides funding for law enforcement entities
88

which have traditionally obtained funding from the TOP Program.

The Committee recommendation excludes law enforcement entities

eligible for the RISS Program from applying for TOP funds. The

Committee expects NTIA to give preference to applications from

consortia and for purposes such as public safety or other uses for

which there is no other funding source available.

The Committee is aware of several proposals for information infrastructure grants and strongly urges NTIA to consider applications for the following proposals within applicable procedures and

guidelines and provide a grant, if warranted: (1) a broadband access initiative in Vermont; (2) a technology training initiative proposal by Morgan State University; (3) graduate education and applied research in South Dakota; and (4) a business to business electronic commerce program in Kentucky.

PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $1,127,501,000

Budget estimate, 2003 ........................................................................... 1,304,357,000

Committee recommendation ................................................................. 1,145,571,000

The Committee recommends total budget resources of $1,145,571,000. The recommendation is $158,786,000 below the

budget request. The Committee recommendation includes the fiscal

year 2002 funding level and a 4.1 percent pay adjustment for Federal employees. The recommendation does not include the

$207,000,000 surcharge on patent and trademark fees proposed in

the President’s fiscal year 2003 budget.

The Patent and Trademark Office [PTO] is charged with administering the patent and trademark laws of the United States. PTO

examines patent applications, grants patent protection for qualified

inventions, and disseminates technological information disclosed in

patents. PTO also examines trademark applications and provides

Federal registration to owners of qualified trademarks. The PTO 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 PTO encourage invention, innovation and investment. The PTO 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. For entrepreneurs, patents can make or break

a new business.

Preparing PTO for the Workload Associated with the 21st Century

Economy.—For fiscal year 2002, the Committee directed the PTO

to develop a 5-Year Strategic Plan for the PTO with three core objectives: (1) prepare the agency to handle the workload associated

with the 21st century economy, (2) improve patent quality, and (3)

reduce patent and trademark pendency. The Committee directed

that the plan include recommendations to improve retention and

productivity of the examiner workforce, targeted hiring increases to

deal with high-growth areas, improved training, and E–Govern-
89

ment and other capital improvements designed to improve productivity. The Committee directed that the plan also include benchmarks for measuring progress in achieving each of those objectives.

While the PTO has briefed the Committee on the outlines of a

5-year strategic plan for the agency that is generally responsive to

direction from Congress, the plan calls for some of the most sweeping changes to the patent review process in 200 years. The plan requires authorizing legislation to change the statutory fee structure,

alter the PTO pay scale, contract out major functions, and implement several recommended patent review policy and process

changes that may be controversial. If any implementing legislation

including fee changes are approved by Congress and enacted into

law, the Committee would favorably consider a supplemental request that would use any additional fee income resulting from increased PTO fees to improve patent quality and reduce patent and

trademark pendency at the PTO.

In the interim, the Committee recommendation supports efforts

to shift PTO resources to high priority areas and a more gradual

increase in staffing to ensure that examiners have expertise, tools,

and training necessary to produce quality patents on a timely

basis. This approach is consistent with the outline of the PTO 5-

year strategic plan released in June 2002 and PTO authorizing legislation passed by the House and Senate with bipartisan support

earlier this Congress.

Within the total amounts recommended, the Committee directs

that PTO cover all proposed adjustments to base. In addition, the

Committee recommends the following targeted funding increases:

(1) $29,200,000 to hire 750 new patent examiners to help improve

patent quality and reduce patent pendency; (2) $47,775,000 for an

e-government initiative. Of this amount, $13,575,000 is provided to

fully implement the PTO’s e-trademark initiative by the end of fiscal year 2003, and $29,500,000 is provided for the PTO’s e-patent

initiative to ensure that the new system is fully operational by the

end of fiscal year 2004; (3) $4,700,000 is to implement the PTO’s

information technology initiative; and (4) $30,149,000 for a retention initiative focused on the patent examiner corps that is intended to reduce attrition and improve the quality of patent examination.

SCIENCE AND TECHNOLOGY

The Committee has included under this section of Title II the Department of Commerce agencies involved in technology research

and development, scientific assessment and prediction of environmental phenomena, and the administrative and policy functions

providing oversight for these activities.

TECHNOLOGY ADMINISTRATION

UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $8,238,000

Budget estimate, 2003 ........................................................................... 7,886,000

Committee recommendation ................................................................. 7,932,000
90

The Committee recommends an appropriation of $7,932,000. The recommendation is $46,000 above the budget request and will fully

fund the current operations of the Technology Administration. The

Committee recommendation includes a 4.1 pay increase for Federal

employees.

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

Appropriations, 2002 ............................................................................. $686,751,000

Budget estimate, 2003 ........................................................................... 563,110,000

Committee recommendation ................................................................. 692,169,000

The Committee recommends a total of $692,169,000 for the three

appropriations accounts under the National Institute of Standards

and Technology [NIST]. The recommendation is $129,059,000 above

the budget request. The Committee recommendation includes the

fiscal year 2002 funding level, a 4.1 percent pay adjustment for

Federal employees and $5,000,000 for requested Homeland Security program increases. A description of each account and the Committee recommendation follows:

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

Appropriations, 2002 ............................................................................. $321,111,000

Budget estimate, 2003 ........................................................................... 384,809,000

Committee recommendation ................................................................. 336,443,000

The Committee recommends an appropriation of $336,443,000.

The recommendation is $48,366,000 below the budget request.

The Committee recommendations are displayed in the following

table:

Electronics and Electrical Engineering ................................................ $41,876,000

Manufacturing Engineering .................................................................. 20,720,000

Chemical Science and Technology ........................................................ 36,256,000

Physics .................................................................................................... 33,565,000

Material Science and Engineering ....................................................... 57,434,000

Building and Fire Research .................................................................. 22,239,000

Computer Science and Applied Mathematics ...................................... 20,936,000

Technology Assistance ........................................................................... 17,936,000

National Quality Program .................................................................... 5,282,000

Research Support Activities .................................................................. 42,906

Total, STRS ................................................................................. 336,443,000

Within the amounts provided, the Committee approves the following increases: (1) $4,000,000 in the Building and Fire Research

Program for the development of standards pertaining to construction of high-rise buildings; (2) $4,000,000 in the Physics program

to provide measurements, standards, and test methods for the development of advanced nanotechnologies; (3) $4,000,000 in the

Computer Science and Applied Mathematics program to develop

new measurements, test methods, and guidelines for the protection

of the Nation’s critical infrastructures; (4) $3,400,000 in the Chemical Science and Technology Program to change measurement and

standards activities related to the reduction and monitoring of global climate change, including $1,000,000 to restore reductions in

enviremental measurements at the Hollings Marine Laboratory; (5)

$4,000,000 in the Computer Science and Applied Mathematics Program for quantum computing. The Committee recommendation includes $48,581,000 for Research Support Activities, of which only
91

$12,100,000 may be used to fund business systems. The Committee

recommends that no funds be used for FAIR Act studies. The Committee does not recommend funding for the Critical Infrastructure

Protection Grants Program. The Advanced Technology Program

was developed to evaluate these types of grant applications, and (6)

$2,500,000 under the Wind Research Program to continue funding

an existing cooperative agreement between NIST and Texas Tech

University.

INDUSTRIAL TECHNOLOGY SERVICES

Appropriations, 2002 ............................................................................. $291,032,000

Budget estimate, 2003 ........................................................................... 119,607,000

Committee recommendation ................................................................. 291,976,000

The Committee recommends an appropriation of $291,976,000. The recommendation is $172,369,000 above the budget request.

Manufacturing Extension Partnership Program [MEP].—The

Committee recommends an appropriation of $106,623,000 to fully

fund all of the MEP centers.

Advanced Technology Program [ATP].—The Committee recommends an appropriation of $185,353,000. The recommendation is

$39,198,000 above the budget request. This amount, when combined with approximately $11,000,000 in carryover, will fully fund

ATP awards at current levels. Within the amounts made available,

$45,000,000 shall be used for administrative costs, internal laboratory support, and for Small Business Innovation Research Program

[SBIR] requirements. NIST may not apply a contracts and grants

processing surcharge to the ATP program.

The Committee is concerned that the Department of Commerce

has had difficulty understanding Congressional intent in regards to

funding of new awards under the ATP program. In fiscal year

2002, the Committees on Appropriations provided $60,700,000 for

new ATP awards, yet the Department committed to issuing only

$35,000,000. The Committees on Appropriations clarified Congressional intent on this matter by modifying bill language in the fiscal

year 2002 Supplemental Appropriations bill. The Committee recommends similar modified bill language which obligates the Department of Commerce to spending a full $60,700,000 in fiscal year

2003 towards the awards. In addition, in the fiscal year budget request, NIST proposed reforms, supposedly designed to improve the

ATP program. The Committee reminds NIST that the creation of

legislation regarding ATP reform is a function of the U.S. Congress

and that NIST shall issue $60,700,000 in new ATP awards in fiscal

year 2003 even in the absence of Congressional action on suggested

authorizing legislation.

In the budget request, the administration proposed reduced funding for the Advanced Technology Program. The Committee does not

recommend this approach and is concerned that the ATP awarding

process has been purposely hindered as a result of philosophical

differences of opinion between the Department of Commerce and

the U.S. Congress. Therefore, the Committee directs the Department of Commerce to submit a written plan on how it intends on

making timely ATP awards in fiscal year 2003. This plan should

be submitted and approved by the Appropriations Subcommittees

on Commerce, Justice, State and the Judiciary before any funds
92

are obligated for Department of Commerce, Departmental Management.

CONSTRUCTION OF RESEARCH FACILITIES

Appropriations, 2002 ............................................................................. $62,393,000

Budget estimate, 2003 ........................................................................... 54,212,000

Committee recommendation ................................................................. 63,750,000

The Committee recommends an appropriation of $63,750,000. The recommendation is $9,538,000 above the budget request and

fully funds the highest priority safety, capacity, maintenance, and

repair projects at NIST. Of the amounts provided, $15,000,000 is

provided for equipping and relocation expenses related to NIST’s

Advanced Measurement Laboratory in Gaithersburg, MD and

$19,265,000 is for construction and renovation projects at NIST’s

Boulder, CO site.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

Appropriations, 2002 ............................................................................. $3,258,848,000

Budget estimate, 2003 ........................................................................... 3,127,614,000

Committee recommendation ................................................................. 3,350,356,000

The Committee recommends an appropriation of $3,350,356,000

for National Oceanic and Atmospheric Administration [NOAA].

Transfers and de-obligations total $78,200,000. The recommendation is $216,742,000 above the budget request. The Committee recommendation includes the fiscal year 2002 funding level, a 4.1 percent pay adjustment for Federal employees, and $23,200,000 for requested Homeland Security program increases. The amount provided includes $480,000,000 for programs in the conservation

spending category. Programs funded within the conservation

spending category include the Coastal and Estuarine Land Protection Program, Estuarine Conservation, Coastal Observation Technology System, Cooperative Institute for Coastal and Estuarine Environmental Technology, Ocean Exploration and National Marine

Fisheries Service, Habitat Research and Conservation. During this

time of continued budgetary constraint, the Committee recommendation continues to make funding for ocean, coastal, fisheries, and atmospheric programs a high priority.

As in past years, the Committee expects NOAA and the Department of Commerce to adhere to the direction given in this section

of the Committee report and to observe the reprogramming procedures detailed in section 605 in the general provisions of the accompanying bill. Bill language is included that authorizes a NOAA

Business Management Fund.

OPERATIONS RESEARCH, AND FACILITIES

The Committee recommends discretionary appropriations of

$2,336,801,000 for operations, research, and facilities for fiscal year

2003. The recommendation is $122,719,000 above the budget request. Of this amount, $264,488,000 is provided for conservation.

Sea Grant College Program.—Through its budget request, the administration slated the National Sea Grant College Program for

termination under NOAA and reconstitution under the National
93

Science Foundation (NSF). The Committee does not support this

ill-conceived notion. Instead, the Committee recommends a total

appropriation of $63,410,000 for Sea Grant. Under the NSF, Sea

Grant would lose its State matching requirement and it would lack

authorization to continue its successful Extension Program. The

Sea Grant program has a long-standing commitment to problemoriented scientific research and education that responds to the

needs of industry, government, resource managers, university scientists, and the broader public. The outreach and technology transfer services of the Sea Grant program have improved science-based

fisheries management, pollution remediation, seafood safety, marine safety, and marine engineering. The Committee is concerned

that NSF, with its tradition of funding basic science, will be less

responsive to the research agenda successfully developed by Sea

Grant.

Ocean and Coastal Observing Systems.—The Committee reaffirms its support for the establishment of an integrated interagency

ocean and coastal observing system that will provide critical information to a wide variety of users of ocean and coastal information

and services. The Committee recognizes the Nation needs substantially better information on the current and future state of the

ocean and its role in environmental change. Adequate predictive

capability is a prerequisite to the development of sound policies at

the national and regional level, policies ranging from maritime

commerce to public health, from fisheries to safety of life and property, from climate change to national security.

Broad scale discussions have been underway for almost three

decades on this topic, but coordinated attention at the Federal level

has begun in earnest only in recent years. In its fiscal year 2002

Senate Report, the Committee directed the Office of Science and

Technology Policy to develop an interagency plan for the research,

technology demonstration, and ultimately, the implementation of

an integrated ocean observing system. The Committee notes that

efforts are underway to develop such a plan, but to date, no such

interagency plan has yet been submitted.

The Committee directs NOAA to work with its partners on the

National Ocean Research Leadership Council (NORLC) to submit

a plan to the Committee prior to the release of the President’s

budget for fiscal year 2004. This plan will detail an implementation

strategy for the establishment of an integrated ocean and coastal

observing system. This plan shall, at a minimum: (1) include an

interagency governance structure; (2) define the roles and responsibilities of each agency in implementing and operating the system;

(3) provide multi-year funding estimates by agency; and (4) include

a process for regional coordination and technical support to ensure

development of integrated regional systems with a national observing initiative.

In addition, as development of an integrated long-term Federal

plan proceeds, the Committee urges NOAA to coordinate existing

or planned regional coastal observing systems, particularly those

for which Congress has provided funding or those which use Federal platforms such as buoys. The Committee directs NOAA to utilize the data management and technical expertise of the Coastal

Services Center to perform this function as well as provide edu-
94

cation and outreach to participating Federal agencies, academic institutions, State agencies, and other interests.

Ocean Health Initiative.—One area where coastal observing systems would be useful is in exploring the relationship between the

oceans and human health. In 1999, a National Research Council

report, From Monsoons to Microbes: Understanding the Ocean’s

Role in Human Health, focused attention on the implications of

ocean phenomena for human health. The phenomena include climate change, weather events, coastal hazards, infectious diseases,

and harmful algal blooms. As the nation faces increasing coastal

pressures and scientists identify alarming changes in coastal systems, including changes in sentinel species such as dolphins and

fish, NOAA is uniquely positioned to play a strong role in identification, prediction, and prevention of such changes. In addition,

genetic and other characteristics of marine organisms can be used

for medical advances and NOAA can help build a bridge between

marine scientists and human health experts.

The Committee directs the Under Secretary to establish an

Ocean Health Initiative to coordinate and focus agency activities on

critical areas of concern and identify critical gaps in coverage. The

Committee is providing $10,000,000 that shall be used for critical

research and projects aimed at closing identified gaps. The Committee directs NOAA to: (1) work with the National Science Foundation and the National Institute of Environmental Health

Sciences in developing a joint program that builds on and complements existing NOAA programs; (2) establish an external peer

reviewed grant process; and (3) provide for the selection and funding of internationally recognized ‘‘distinguished’’ scholars to work

in collaboration with NOAA researchers. NOAA will submit a

spend plan for approval by the Committees on Appropriations before program funding is obligated.

Fisheries Management Reform.—The Committee continues to be

gravely concerned over the need for reform of the Federal fishery

management system. In June 2002, the National Academy of Public Administration (NAPA) and the National Research Council

(NRC) issued the report requested by the Committee that continues

and expands the review begun in the June 2000 report prepared

for NOAA, An Independent Assessment of the Resource Requirements for the National Marine Fisheries Service. The NAPA/NRC

report confirmed that the agency is in a management crisis that

will require years to resolve, and stated that NMFS must demonstrate leadership to ensure the necessary changes are made in

the fishery management structure. The Committee supports current efforts by the Agency to strengthen accountability in both the

Councils and the Agency.

However, the Committee is concerned that implementation of the

changes has been extremely slow, even when the funds have been

provided by Congress. More aggressive action is needed, particularly in strengthening analytical capabilities and litigation preparedness. The Committee directs NOAA, no later than June 30,

2003, to report to the Committee on its progress in implementing

the reforms identified in the NAPA/NRC report, as well as issues

identified by NMFS, including how the Administration’s budget

proposal for fiscal year 2004 will help achieve these reforms.
95

Pacific Salmon Funding.—The Committee notes the lack of accountability and performance standards for resources distributed to

restore endangered and threatened salmon through the Pacific

Coastal Salmon Recovery Fund. For fiscal year 2002, Congress provided the National Marine Fisheries Service $115,000,000 to be distributed among certain States and tribes for habitat restoration

and salmon recovery. The Secretary of Commerce is imposed with

substantial legal obligations under the Endangered Species Act because no less than twenty six runs of Pacific salmon are listed as

endangered. Failure to make progress toward recovery under the

Endangered Species Act poses adverse legal consequences for the

agency. The Committee has no assurances from the Administration

that any of these funds have contributed to the recovery of Pacific

salmon. This is particularly important at a time when the Department is struggling to respond to a huge litigation caseload, which

the Committee has provided substantial funds to help reduce. Furthermore, there appears to be no way to accurately estimate total

annual Federal expenditures for Pacific salmon recovery, but funds

provided to the various agencies are more than $500,000,000 per

year.

The Committee believes that some mechanism assuring legal and

fiscal accountability is required for distribution of funds to States

with listed salmon species. Section 6 of the Endangered Species Act

provides for such a mechanism, linking the distribution of recovery

funds to assurances that the State has an adequate and active program for endangered species conservation. The Committee directs

NOAA to enter into Section 6 cooperative agreements with the

States and tribes that are using funds for recovery of listed species

to clarify State and tribal involvement in regional and local recovery programs. The Committee expects NOAA to request appropriations in their fiscal year 2004 budget for recovery of endangered

runs of Pacific Salmon under section 6 to support cooperative State

and tribal activities that contribute to the recovery of the Pacific

Salmon runs. In addition, the Committee directs NOAA to provide

an annual report to the Committee no later than March 30 of each

year on the projects funded through the Pacific Salmon Recovery

Fund and their projected and actual results, particularly focusing

on progress toward recovery of endangered and threatened salmon

species and projected ending date for funding needs based on recovery schedules. The Committee recommends that not less than 1

percent of the amounts made available for the Pacific Coastal

Salmon Recovery Fund be made available to NOAA to accomplish

this task.

NOAA Operations, Research, and Facilities Fiscal Year 2003

Committee

Recommendation

National Ocean Service ......................................................................... $403,543,000

National Marine Fisheries Service ....................................................... 587,852,000

Oceanic and Atmospheric Research ..................................................... 395,685,000

National Weather Service ..................................................................... 682,010,000

National Environmental Satellite and Data Information Services ... 133,841,000

Program Support ................................................................................... 202,870,000

Total Operations, Research, and Facilities ............................... 2,336,801,000
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NATIONAL OCEAN SERVICE

[In thousands of dollars]

Committee

recommendation

Navigation Services:

Mapping & Charting:

Mapping & Charting Base ................................................................ 36,542

Coastal Storms .................................................................................. 1,000

Joint Hydrographic Center ............................................................... 4,250

Joint Hydrographic Center—Bathymetric Research ...................... 2,000

Electronic Navigation Charts .................................................... 3,350

Shoreline Mapping ............................................................................ 2,000

Address Survey Backlog/Contracts .................................................. 20,450

MS/LA Digital Coast ......................................................................... 1,000

Vessel Lease/Time Charter ............................................................... 9,900

Subtotal, Mapping and Charting .................................................. 80,492

Geodesy:

Geodesy Base ..................................................................................... 21,539

National Spatial Reference System ................................................. 250

Height Modernization Study—NGS Implementation ..................... 250

Height Modernization Study NC ..................................................... 1,000

Height Modernization Study CA ...................................................... 1,000

Height Modernization Study MS ..................................................... 1,000

Geodetic Survey—LA ........................................................................ 1,000

S. Carolina Geodetic Survey ............................................................. 500

Subtotal, Geodesy .......................................................................... 26,539

Tide & Current Data ................................................................................ 13,709

PORTS ................................................................................................ 3,000

Coastal Storms ........................................................................... 1,000

Upper Cook Inlet Tidal Research .................................................... 500

Subtotal, Tide & Current Data ..................................................... 18,209

Total, Navigation Services ............................................................ 125,240

Ocean Resources Conservation and Assessment:

Ocean Assessment Program (OAP):

Ocean Assessment Program Base .................................................... 15,128

Coastal Observation Technology System ........................................ 2,500

Center for Integrated Marine Technologies .................................... 2,800

Alliance for Coastal Technologies .................................................... 2,800

Sea Grant Program—NH .................................................................. 2,800

Carolina Coastal Ocean Observing and Prediction System ........... 2,800

Wallops Ocean Observation Project ................................................. 2,000

Coastal Storms .................................................................................. 750

Beaufort ............................................................................................. 3,000

Pfiesteria Research and HAB Rapid Response ............................... 3,925

Coastal Services Center .................................................................... 20,000

Pacific Coastal Center ....................................................................... 2,000

Harmful Algal Blooms ...................................................................... 5,000

Coastal Watershed Groundwater Assessment NH ......................... 500

CREST ................................................................................................ 450

Harmful Algal Bloom Task Force SC .............................................. 600

Aquatic Research Consortium MS ................................................... 2,500

Coop Institute for Coastal and Estuarine Enviro Tech ................. 6,550

Hawaii Coral Reef Initiative ............................................................ 1,500

National Coral Reef Institute—Florida ........................................... 1,000

Coral Reef Program ........................................................................... 14,000

National Fish and Wildlife Foundation—NFWF ............................ 1,500
97

Committee

recommendation

JASON Education and Outreach ..................................................... 2,000

Subtotal, Ocean Assessment Program (OAP) .............................. 96,103

Response and Restoration:

Response and Restoration Base ....................................................... 4,641

Estuarine and Coastal Assessment ................................................. 2,670

Estuarine Restoration Program ....................................................... 1,200

Damage Assessment Program .......................................................... 5,200

Oil Pollution Act of 1990 .................................................................. 1,000

Coastal Protection and Restoration Project .................................... 1,000

Spill Response and Restoration Program ........................................ 2,000

Marine Debris Removal SC .............................................................. 175

Edisto Beach Marsh Restoration ..................................................... 100

Water Control Impoundments SC ................................................... 700

Coastal Remediation Technology ..................................................... 750

Subtotal, Response and Restoration ............................................ 19,436

Oceanic and Coastal Research:

Oceanic and Coastal Research Base ................................................ 6,293

Fish Forensics/Enforcement ............................................................. 1,300

MERHL .............................................................................................. 4,000

Murrell’s Inlet Special Area ............................................................. 200

Gulf of Alaska Ecosystem Monitoring ............................................. 750

Nowcast/Forecast Operational System ............................................ 500

Pfiesteria/Toxins Research ............................................................... 1,000

Aquidneck Island ............................................................................... 600

Subtotal, Ocean and Coastal Research ........................................ 14,643

Coastal Ocean Science:

Coastal Ocean Program Base ........................................................... 12,890

ECOHAB ............................................................................................ 4,200

Hypoxia .............................................................................................. 1,085

South Florida Ecosystem .................................................................. 1,200

Joint Hydrographic Center—Bathymetric Research ...................... 1,200

Subtotal, Coastal Ocean Science .................................................. 20,575

Total, Ocean Resources Conservation & Assessment ................. 150,757

Ocean and Coastal Management:

Coastal Management:

CZM Grants ....................................................................................... 68,963

CZMA Program Administration ....................................................... 3,483

National Estuarine Research Reserve System ............................... 16,400

Nonpoint Pollution Implementation Grants ................................... 1,000

Marine Protected Areas .................................................................... 3,000

Subtotal, Coastal Management .................................................... 92,846

Ocean Management:

Marine Sanctuary Program:

Marine Sanctuary Program Base ............................................. 33,500

Northwest Straits Citizens Advisory Commission .................. 1,200

Subtotal, Ocean Management ............................................... 34,700

Total, Ocean and Coastal Management ................................ 127,546

TOTAL, NATIONAL OCEAN SERVICE—ORF .................. 403,543

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.
98

The Committee recommends an appropriation of $403,543,000 for

the National Ocean Service [NOS]. The recommendation is

$25,031,000 above the budget request.

Navigation.—The Committee recommends $4,250,000 for the

Joint Hydrographic Center. In addition, the Committee recommends $3,200,000 for bathymetric surveys off the Northeast

Coast of the United States and around the Aleutian Chain in accordance with the data needs identified by a Joint Hydrographic

Center on the potential expansion of United States lands beyond

the Exclusive Economic Zone. Within the funding recommendation

for Shoreline Mapping, the Committee recommends that NOS focus

on mapping the shoreline of the North Slope of Alaska.

Ocean Resources Conservation and Management.—The Committee recommends continued funding for the Coastal Observation

Technology System within the National Ocean Service to provide a

national framework, technical assistance, and support for sustained

coastal observation systems, with particular emphasis on coordinating regional systems. The Committee recommendation includes

$15,700,000 for this program, of which $2,800,000 is for the Alliance for Coastal Technologies; $2,800,000 is for the Center for Integrated Marine Technologies; $2,800,000 is for the University of

New Hampshire Sea Grant program; $2,000,000 is for the Wallops

Ocean Observation Consortium; and $2,800,000 is for Carolina

Coastal Ocean Observing and Prediction System. Funding for this

activity is from the conservation category. The Committee recommends $500,000 for Nowcast/Forecast

Operational Systems to coordinate research on waves, temperature,

and current dynamics to forecast weather and ocean conditions affecting both wildlife and human safety. The Committee recommendation includes $14,000,000 for the

Coral Reef Program, subject to approval of a spend plan by the

Committees on Appropriations. The Committee recommends

$3,000,000 for the Beaufort Laboratory and encourages the lab to

pursue opportunities for collaborative research with area universities. Under Response and Restoration, $750,000 is provided for

Coastal Remediation Technology to develop a cooperative program

with the Cooperative Institute for Coastal and Estuarine Environmental Technology to evaluate innovative environmental technologies for estuary remediation. Under funding for the Coastal

Ocean Program, the Committee directs the program to work with

and continue its current levels of support for the Baruch Institute’s

research and monitoring of small, high-salinity estuaries and to

continue its current levels of support for the LUCES program.

Within the funds provided for the MERHL, the Committee directs

NOAA to create a scientific and professional (ST) position to act as

the Director of the MERHL.

Ocean and Coastal Management.—The Committee recommendation includes full funding for Coastal Zone Management Act Administration. The Committee recommends $3,483,000 under the

Administration account. The Committee recommends $33,500,000

for the National Marine Sanctuary Program (NMSP). The Committee supports elevation of the NMSP to that of Office of National

Marine Sanctuaries. Further, the Committee recommends that this

Office have authority to create Regional Offices and recommends
99

an additional five full-time equivalents to implement this regional

approach.

The Committee encourages NOAA to continue its work with the

Mariner’s Museum and the Navy on efforts to recover and preserve

the Monitor.

NATIONAL MARINE FISHERIES SERVICE

[In thousands of dollars]

Committee

recommendation

Base:

Direct labor ............................................................................................... 35,919

Personnel benefits .................................................................................... 8,980

Former personnel ..................................................................................... 1,122

Travel of persons ...................................................................................... 2,245

Rent, Communications, Utilities, Miscellaneous Charges .................... 6,735

Contractual services ................................................................................. 22,449

Supplies and materials ............................................................................ 4,490

Equipment ................................................................................................. 3,367

Grants, fix charges ................................................................................... 25,817

All other .................................................................................................... 1,122

Total, Base ............................................................................................. 112,246

Fisheries Research and Management Services:

Science and Technology:

AKFIN ................................................................................................ 3,200

Alaska Fisheries Development Foundation .................................... 1,000

Alaska Groundfish Monitoring ......................................................... 2,087

Alaska Groundfish Monitoring—Bering Sea Fishermen’s Association CDQ .................................................................................... 175

Alaska Groundfish Monitoring—Crab Research NMFS ................ 473

Alaska Groundfish Monitoring—Gulf of Alaska Coastal Communities ............................................................................................... 250

Alaska Groundfish Monitoring—NMFS Field Fishery Monitoring ................................................................................................... 300

Alaska Groundfish Monitoring—NMFS Rockfish Research .......... 350

Alaska Groundfish Monitoring—Winter Pollock Survey ............... 1,000

Alaskan Groundfish Surveys ............................................................ 661

Alaskan Groundfish Surveys—Calibration Studies ....................... 240

American Fisheries Act Implementation ......................................... 3,525

Atlantic Herring and Mackerel ........................................................ 200

Bering Sea Pollock Research ............................................................ 945

Bluefin Tuna Tagging ....................................................................... 850

Bluefish/Striped Bass ........................................................................ 700

Charleston Bump Billfish Tagging .................................................. 150

Chinook Salmon Research at Auke Bay .......................................... 300

Computer Hardware and Software .................................................. 3,492

Cooperative Research—National Cooperative Research ................ 2,750

Cooperative Research—NE Cooperative Research ......................... 3,250

Cooperative Research—SE Cooperative Research .......................... 3,000

Cooperative Research Northeast Consortium ................................. 5,000

Driftnet Act Implementation ............................................................ 1,800

Driftnet Act Implementation/Pacific Rim Fisheries ....................... 150

Driftnet Act Implementation/Science Observer Russian EEZ ....... 250

Expand Stock Assessments—Improve Data Collection .................. 12,000

Fish Statistics—Atlantic States Marine Fisheries Commission .... 2,000

Fish Statistics—Economics & Social Sciences Research ................ 4,000

Fish Statistics—National Fisheries Information System .............. 2,575

Fish Statistics—National Standard 8 .............................................. 1,000

Fish Statistics .................................................................................... 13,900

Fisheries Development Program—Hawaiian Fisheries Development ................................................................................................ 1,000

Fisheries Development Program—Product Quality and Safety/

Seafood Inspection ......................................................................... 8,685

Fisheries Oceanography .................................................................... 1,000
100

Committee

recommendation

FMP Extended Jurisdiction, State of Alaska .................................. 1,500

GULF FIN Data Collection Effort ................................................... 3,500

Gulf of Maine Groundfish Survey .................................................... 567

Gulf of Mexico Consortium ............................................................... 3,000

Hagfish Reproduction ....................................................................... 150

Halibut Data Collection .................................................................... 450

Hawaii Seafood Safety and Inspections .......................................... 800

Hawaii Stock Management Plan ...................................................... 750

Highly Migratory Shark Fishery Research Program ..................... 1,500

Horseshoe Crab Research ................................................................. 700

Information Analysis and Dissemination ........................................ 21,890

JIMAR ................................................................................................ 2,500

Lobster Sampling .............................................................................. 150

Magnuson Stevens Implementation off Alaska .............................. 4,350

MARFIN ............................................................................................. 2,500

MARFIN—NE Activities ................................................................... 250

MARFIN Red Snapper ...................................................................... 750

MarMap .............................................................................................. 850

Massachusetts Fisheries Institute ................................................... 500

NAPA/NAS Management Review .................................................... 1,050

Steller Sea Lion/Pollock Research North Pacific Council and

Management .................................................................................. 2,000

New England Stock Depletion ......................................................... 1,000

NMFS Facililties Maintenance ........................................................ 4,000

Observers—Fishery Observers ......................................................... 2,000

Observers/Training—Atlantic Coast Observers .............................. 3,350

Observers/Training—East Coast Observers .................................... 350

Observers/Training—Hawaii Longline Observer Program ............ 4,000

Observers/Training—N. Pacific Marine Resources Observers ....... 1,875

Observers/Training—N. Pacific Observer Program ........................ 800

Observers/Training—West Coast Observers ................................... 3,730

PACFIN Catch Effort Data .............................................................. 3,000

Pacific Highly Migratory Species Research ..................................... 750

Recreational Fishery Harvest Monitoring RECFIN ....................... 3,450

Recreational Fishery Harvest Monitoring RECFIN—SC .............. 500

Red Snapper Monitoring and Research ........................................... 7,500

Reduce Fishing Impacts on EFH ..................................................... 500

SEAMAP ............................................................................................ 1,400

Shrimp Pathogens South Carolina .................................................. 450

South Carolina Taxonomic Center ................................................... 500

West Coast Groundfish ..................................................................... 5,220

Subtotal, Science and Technology ................................................ 176,340

Conservation and Management:

Alaska Near Shore Fisheries State of Alaska ................................. 1,000

American Fisheries Act ..................................................................... 2,174

American Fisheries Act—N. Pacific Council ................................... 499

American Fisheries Act—National Standards 4 and 8 State of

Alaska ............................................................................................. 499

Anadromous Fish Commission—North Pacific ............................... 750

Anadromous Grants .......................................................................... 2,100

Bering Sea Crab State of Alaska ..................................................... 1,000

Gulf of Alaska Coastal Communities Coalition .............................. 375

Columbia River Facilities ................................................................. 3,365

Columbia River Hatcheries—Monitor, Evaluation and Reform .... 1,700

Columbia River Hatcheries and Facilities ...................................... 11,457

Cooper River Corridor Management ................................................ 125

Driftnet Act Implementation/State Participation—AK/WA ........... 200

Fisheries Management Programs .................................................... 27,182

Halibut/Sablefish ............................................................................... 1,200

Hawaiian Community Development ................................................ 500

Interjurisdictional Fisheries Grants ................................................ 2,590

International Fisheries Commission State of Alaska ..................... 400

Interstate Fish Commissions—3 Commissions ............................... 750
101

Committee

recommendation

Interstate Fish Commissions—Atlantic Cooperative Management ................................................................................................ 7,250

Magnuson Stevens Implementation off Alaska .............................. 2,050

Management of George’s Bank ........................................................ 478

National Environmental Policy Act ................................................. 5,000

Pacific Salmon Treaty ....................................................................... 5,612

Pacific Salmon Treaty—Chinook Salmon Agreement .................... 1,844

Refine EFH Designations ................................................................. 1,000

Regional Councils .............................................................................. 15,000

SCORE ............................................................................................... 3,000

South Carolina Seafood Marketing .................................................. 100

Yukon River Chinook Salmon State of Alaska ............................... 1,000

Yukon River Chinook Salmon—Yukon River Drainage Fisheries

Assoc ............................................................................................... 499

Subtotal, Conservation and Management ................................ 100,699

Total, Fisheries Research and Management Services ............. 277,039

Protected Resources Research and Management Services:

Science and Technology:

Antarctic Research ............................................................................ 1,650

Atlantic Salmon Research ................................................................ 710

Bottlenose Dolphin Research ........................................................... 1,000

Columbia River Endangered Species Studies ................................. 299

Dolphin Encirclement ....................................................................... 3,300

Dolphin/Yellowfin Tuna Research .................................................... 250

Endangered Species Act—Atlantic Salmon ..................................... 1,717

Endangered Species Act—Marine Mammals, Sea Turtles &

Other Species ................................................................................. 3,500

Endangered Species Act—Other Species ......................................... 2,700

Endangered Species Act—Pacific Salmon Recovery ....................... 17,450

Endangered Species Act—Right Whale Activities .......................... 3,500

Endangered Species Act—Sea Turtles ............................................ 5,250

Hawaiian Monk Seals ....................................................................... 825

Hawaiian Sea Turtles ....................................................................... 6,300

Marine Mammal Protection ............................................................. 7,120

Marine Mammal Protection—Ice Seals ........................................... 250

Marine Mammal Protection—State of Alaska Harbor Seal Research .............................................................................................. 900

Marine Mammal Strandings ............................................................ 4,000

Rancho Nuevo Sea Turtles ............................................................... 350

Recovery of Endangered Large Whales ........................................... 1,000

Steller Sea Lion Recovery Plan—Alaska Fisheries Foundation .... 1,000

Steller Sea Lion Recovery Plan—Alaska Sea Life Center ............. 5,000

Steller Sea Lion Recovery Plan ........................................................ 5,000

Steller Sea Lion Recovery Plan—N. Pacific Universities MM

Consortium ..................................................................................... 2,500

Steller Sea Lion Recovery Plan—Univ of AK Gulf Apex Predator 1,000

Steller Sea Lions—Endangered Species Act ................................... 850

Subtotal, Science and Technology ................................................ 77,421

Conservation and Management Services:

Atlantic Salmon Recovery Plan ........................................................ 450

Chinook Salmon Management ......................................................... 150

Cook Inlet Beluga .............................................................................. 200

Endangered Species Act—Atlantic Salmon ..................................... 500

Endangered Species Act—Pacific Salmon Recovery ....................... 20,500

Endangered Species Act—Right Whale Activities .......................... 3,500

Marine Mammal Strandings—Alaska SeaLife Center ................... 1,000

Marine Mammal Strandings—Charleston Health and Risk Assessment ......................................................................................... 800

Native Marine Mammals—Alaska Eskimo Whaling Commission .................................................................................................. 500

Native Marine Mammals—Alaska Harbour Seals ......................... 150
102

Committee

recommendation

Native Marine Mammals—Aleut Pacific Marine Resources Observers ............................................................................................ 125

Native Marine Mammals—Beluga Whale Committee ................... 225

Native Marine Mammals—Bristol Bay Native Association ........... 50

Protected Species Management—California Sea Lions .................. 750

Protected Species Management—NFWF Species Management .... 1,000

Protected Species Management—State of Maine Salmon Recovery ................................................................................................... 1,500

Southeastern Sea Turtles ................................................................. 300

State of Maine Recovery Plan .......................................................... 150

Steller Sea Lion Recovery Plan—State of Alaska .......................... 2,000

Subtotal, Conservation and Management Services .................... 33,850

Total, Protected Resources Research and Management Services .................................................................................................. 111,271

Habitat Conservation Research and Management Services:

Bay Watersheds Education and Training Program ............................... 3,500

Oxford ........................................................................................................ 2,900

Blue Crab Advanced Research Consortium ........................................... 2,500

Charleston Bump ...................................................................................... 450

Chesapeake Bay Multi-Species Management ........................................ 500

Chesapeake Bay Oyster Research ........................................................... 2,000

Chesapeake Bay Studies .......................................................................... 3,500

Center for Marine Education and Research MS .................................... 2,500

Connecticut River Partnership ................................................................ 300

Coral Reef ................................................................................................. 11,000

Habitat Conservation ............................................................................... 5,151

Kenai Peninsula Fish Habitat Restoration ............................................ 1,000

Magnuson Stevens Implementation off Alaska ...................................... 850

Marsh Restoration—NH .......................................................................... 1,000

Mobile Bay Oyster Recovery .................................................................... 1,000

South Carolina Oyster Recovery ............................................................. 1,000

Non-native Oyster Chesapeake Bay Project—VA .................................. 1,000

Total, Habitat Conservation Research and Management Services .. 40,151

Enforcement and Surveillance Services:

Driftnet Act Implementation ................................................................... 1,375

Enforcement and Surveillance ................................................................ 20,420

Enforcement and Surveillance—Cooperative Agreements w/States .... 5,500

Enforcement and Surveillance—Vessel Monitoring System ................. 4,500

Subtotal, Enforcement .......................................................................... 31,795

Partnerships in Enforcement:

Enforcement and Surveillance—Cooperative Agreements w/

States .............................................................................................. 15,000

SC DNR Research Vessel ................................................................. 350

Subtotal, Partnerships in Enforcement ....................................... 15,350

Total, Enforcement and Surveillance Services ............................ 47,145

TOTAL, NATIONAL MARINE FISHERERIES SERVICE—

ORF ............................................................................................. 587,852

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs. The Committee recommends an appropriation of $587,852,000 for

the National Marine Fisheries Service [NMFS]. The recommendation is $88,000 below the budget request.
103

Base funding.—The Committee has worked closely with the National Marine Fisheries Service to differentiate between fixed and

variable costs, leading to the first accurate accounting of so-called

base funding. The Committee commends those who participated in

this endeavor. Transfers of funds between subaccounts within the

base account, or into or out of the base account, shall be subject

to reprogramming requirements regardless of dollar amount.

The Committee recommends bill language establishing a NMFS

Regional Office for the Pacific area. The Committee expects that

the Regional Administrator for this new regional office be hired

within 60 days of enactment of this Act.

Fisheries Litigation Issues.—The Committee recommendation includes $5,000,000 for the NMFS to address National Environmental Policy Act (NEPA) issues. To date, $42,000,000 has been

appropriated to NOAA to maintain an up-to-date litigation docket

and conduct periodic analyses of its litigation record and pending

caseload. In the past, the Committee has also directed NMFS to

improve its administrative record keeping by employing standardized methods uniformly throughout the regional fisheries management councils, fisheries management regions, and fisheries science

centers. The Committee directed that such an administrative

record should contain all required analyses, so that officials involved in the process could assure themselves by inspection that

the record supported their proposed actions prior to their approval.

To date, the NMFS has ignored this direction. Furthermore, the

NMFS has provided no justification of how it has spent the funds

that have been appropriated for these purposes. To curtail such

wanton abandon of Congressional direction and to help the NMFS

come to grips with its litigation shortfalls, the Committee recommends a new approach. The Committee recommends $5,000,000

to establish an Office of National Environmental Policy Act Compliance. This Office will be coordinated by a Senior Executive Service

level employee who will report directly to the Assistant Administrator for Fisheries. Under the direction of this National Coordinator, each fisheries management regional office or fisheries management council will house a regional NEPA Coordinator. At a

minimum, NOAA will employ 50 individuals by September 30,

2003 to work on its NEPA issues. None of the funds recommended

for this effort will be made available for regional council support.

NMFS shall submit for approval to the Committees on Appropriations a spend plan on this action before November 30, 2002.

The Committee is pleased with the work conducted by National

Academy of Public Administration and the National Research

Council on its report, An Independent Assessment of the Resource

Requirements for the National Marine Fisheries Service. The Committee recommends that NAPA continue to review NMFS management systems and recommends $750,000 for it to do so. The Committee also recommends $300,000 for the NRC Ocean Studies

Board to focus on issues at the interface between research and

management such as adequacy of equipment, and staff training.

The Committee looks forward to hearing from the NAPA and the

NRC on their progress.
104

The Committee has included bill language requiring the Secretary of Commerce to establish a Regional office for the Pacific

Area within 60 days of enactment of the Act. The Committee recommendation includes $7,000,000 for North

Atlantic right whale research, management activities, and Atlantic

coastal States’ implemention of cooperative Federal-State right

whale recovery plans, such as those concluded under section 6 of

the Endangered Species Act [ESA]. The Committee directs that

funding for right whales will be in keeping with the annualization

of the fiscal year 2002 right whale plan as approved by Congress.

Of the amounts provided, the Committee expects NMFS to expedite

right whale recovery in consultation with the Implementation

Team and the Take Reduction Team. The NMFS is expected to

support priority management, enforcement, and ship strike prevention activities, including expedited development and deployment of

innovative fishing gear and whale tracking technologies, improved

stranding response and procedures, a whale-sighting advisory system, and a mandatory ship-reporting system. No more than 20 percent of funds provided to NMFS may be used for salaries of existing personnel.

Fisheries Research and Management.—The Committee recommends $3,450,000 for the recreational fishing information network [RecFIN] program, and expects that the Pacific, Atlantic, and

Gulf States shall each receive one-third of these funds with funding

for inshore recreational species assessment and tagging efforts in

South Carolina. In addition,the Committee expects that $500,000

will be used to continue the effort to enhance the annual collection

and analysis of economic data on marine recreational fishing. The

Committee recommends that the $750,000 for the Interstate Fish

Commissions be equally divided among the three commissions. As

in prior fiscal years, funds appropriated for the Hawaii Fisheries

Development and Hawaii Stock Management Plan programs shall

be administered by the Oceanic Institute. The Committee recommends that NMFS double its effort with regard to California Cooperative Fisheries Investigation cruises. Of the amounts recommended for the Stellar Sea Lion Recovery Plan, $1,000,000 is for

Alaska Fisheries Foundation to study innovative methods to deter

whale predation of sea lions. In addition, the Committee expects

NOAA to continue its research initiative on Pacific decadal oscillation, predator-prey relationships with particular emphasis on killer

whale predation on sea lion pups, and to explore other factors in

the marine environment that may be contributing to the decline of

Stellar sea lions and other marine mammal populations.

Of the amounts recommended for SCORE, $1,000,000 is for New

Hampshire, $1,000,000 is for South Carolina, and $1,000,000 is for

the Mote Marine Laboratory.

Protected Resources Research and Management.—Of the amounts

provided for Native Marine Mammals, $100,000 is to enable the

Alaska Eskimo Whaling Commission to participate in International

Whaling Commission meetings.

Habitat Conservation.—The Committee recommendation includes

$3,500,000 for Chesapeake Bay Studies, of which $500,000 is for

sea grass restoration. In addition, the Committee recommends that

NOAA continue a micro-grant program allowing local governments
105

and non-profit organizations to perform fisheries and shellfish restoration on the Chesapeake Bay. The Committee recommendation

includes $1,500,000 for seven full-time equivalents for the Oxford

Laboratory to support the NOAA Chesapeake Bay Office’s fisheries,

habitat restoration, and ecosystem research needs. The Committee

provides a total of $3,500,000 for the Bay Watersheds Education

and Training Program to be administered by the NOAA Chesapeake Bay Office. Of this amount, $2,000,000 is to continue the

program in the Chesapeake Bay Watershed, $500,000 is for a pilot

program in the Narragansett Bay, $500,000 is for a pilot program

in the Mystic River Estuary, and $500,000 is for a pilot program

in the Monterey Bay.

Enforcement and Surveillance.—The Committee recommendation

provides $350,000 for a fisheries research vessel for the South

Carolina Department of Natural Resources. The Committee recommends continued support at last year’s level for marine forensics

and southeast fisheries’ law enforcement, and the Committee expects continued cooperative laboratory activities between NMFS

and State and local governments and the academic community. The

Committee recommends that the three interstate marine fisheries

commissions may be eligible to receive a portion of the Cooperative

Enforcement Program funds for use in providing law enforcement

coordination among the States and NMFS. Of the amounts provided for Enforcement and Surveillance-Cooperative Agreements

with States, the Committee recommends $3,500,000 for the South

Carolina Department of Natural Resources.

OCEANIC AND ATMOSPHERIC RESEARCH

[In thousands of dollars]

Committee

recommendation

Climate Research:

Laboratories & Joint Institutes:

Aeronomy Laboratory (Colorado) ..................................................... 8,111

Atlantic Oceanographic and Meterological Laboratory (Florida) .. 5,691

Air Resources Laboratory (CO,ID,NC,NV,TN) ............................... 3,447

Climate Diagnostic Center (Colorado) ............................................. 2,555

Climate Monitoring and Diagnostic Laboratory (Colorado) ........... 5,952

Environmental Technology Laboratory (Colorado) ......................... 243

Forecast Systems Laboratory (Colorado) ......................................... 156

Geophysical Fluid Dynamics Laboratory (New Jersey) ................. 14,229

Pacific Marine Environmental Laboratory (Washington) .............. 8,523

Space Environmental Center (Colorado) ......................................... 236

Subtotal, Laboratories & Joint Institutions ................................ 49,143

Climate & Global Change Program:

Base .................................................................................................... 68,608

Aerosols-Climate Interaction ............................................................ 2,000

Variability Beyond ENSO ................................................................. 1,000

Climate Forcing Agents .................................................................... 1,000

Accelerating Climate Models—IRI ................................................... 2,100

Subtotal, Climate & Global Change Program ............................. 74,708

Climate Observations & Services:

Climate Reference Network .............................................................. 3,000

Climate Data & Info and CLASS in PAC ....................................... 1,000

Baseline Operations .......................................................................... 2,500

Regional Assessments, Education and Outreach ............................ 1,750
106

Committee

recommendation

Climate Change Assessments .......................................................... 650

Weather-Climate Connection ........................................................... 900

Carbon Cycle ...................................................................................... 2,300

Ocean Observations/Ocean Systems ................................................ 3,500

ARGO-Related Costs ......................................................................... 7,950

Climate Modeling Center (GFDL) .................................................... 4,000

Global Climate Atmospheric Observing System ............................. 3,000

Subtotal, Climate Observations & Services ................................. 30,550

Climate Partnership Programs:

Central CA Ozone Study .................................................................. 500

East Tennessee Ozone Study ........................................................... 300

International Pacific Research Center (U of HI) ............................ 2,000

Arctic Research Initiative (SEARCH) .............................................. 2,000

Subtotal, Climate Partnership Programs .................................... 4,800

Total, Climate Research ................................................................ 159,201

Weather & Air Quality Research:

Laboratories & Joint Institutes:

Aeronomy Laboratory (Colorado) ..................................................... 2,054

Atlantic Oceanographic and Meterological Laboratory (Florida) .. 3,921

Air Resources Laboratory (CO,ID,NC,NV,TN) ............................... 2,077

Climate Monitoring and Diagnostic Laboratory (Colorado) ........... 166

Environmental Technology Laboratory (Colorado) ......................... 6,864

Forecast Systems Laboratory (Colorado) ......................................... 10,646

Geophysical Fluid Dynamics Laboratory (New Jersey) ................. 3,077

National Severe Storms Labroratory (Oklahoma) .......................... 7,552

Pacific Marine Environmental Laboratory (Washington) .............. 264

Space Environmental Center (Colorado) ......................................... 7,242

Subtotal, Laboratories & Joint Institutes .................................... 43,863

U.S. Weather Research Program:

Base .................................................................................................... 2,750

Targeted Wind Sensing ..................................................................... 2,000

Subtotal, U.S. Weather Research Program ................................. 4,750

Weather & Air Partnership Programs:

Tornado Severe Storm Research ...................................................... 1,000

New England Air Quality Study ...................................................... 1,750

AIRMAP ............................................................................................. 5,000

STORM ............................................................................................... 1,000

Subtotal, Weather & Air Partnership Programs ........................ 8,750

Total, Weather & Air Quality Research ...................................... 57,363

Ocean, Coastal, and Great Lakes Research:

Laboratories & Joint Institutes:

Atlantic Oceanographic and Meterological Laboratory (Florida) .. 3,219

Environmental Technology Laboratory (Colorado) ......................... 445

Great Lakes Environmental Research Laboratory (Michigan) ...... 4,940

Great Lakes Environmental Research Laboratory (Michigan) ...... 2,471

Great Lakes Environmental Research Laboratory (Michigan) ...... 821

Pacific Marine Environmental Laboratory (Washington) .............. 7,389

Subtotal, Laboratories & Joint Institutes .................................... 19,285

National Sea Grant College Program:

Base .................................................................................................... 57,410

Aquatic Nuisance Species/Zebra Mussel Research ......................... 3,000
107

Committee

recommendation

Gulf of Mexico Oyster Initiative ....................................................... 1,000

Oyster Disease Research .................................................................. 2,000

Subtotal, National Sea Grant College Program .......................... 63,410

National Undersea Research Program (NURP):

Base .................................................................................................... 13,770

National Institute for Undersea Science and Technology .............. 5,000

Aquarius II ......................................................................................... 12,000

Subtotal, National Undersea Research Program (NURP) .......... 30,770

Ocean Exploration .................................................................................... 20,000

Ocean & Coastal Partnership Programs:

Arctic Research .................................................................................. 2,000

Cooperative Institute for Arctic Research ....................................... 350

Institute for Science Technology and Public Policy ........................ 1,000

Gulf of Maine Council ....................................................................... 250

Lake Champlain Research Consortium ........................................... 300

NISA/Ballast Water Demonstrations .............................................. 2,250

NISA/Prevent & Control Invasive Species ...................................... 800

NISA Alaska ...................................................................................... 1,500

NOAA Marine Aquaculture Program .............................................. 2,606

Ocean Health Initiative .................................................................... 10,000

Cooperative Institute for New England Mariculture and Fisheries ................................................................................................ 3,000

Aquaculture Education Program—Cedar Point MS ....................... 2,000

Pacific Tropical Ornamental Fish .................................................... 500

Tsunami Hazard Mitigation ............................................................. 6,300

Subtotal, Ocean & Coastal Partnership Programs ..................... 32,856

Total, Ocean, Coastal, and Great Lakes Research ..................... 166,321

High Performance Information Technology ................................................... 12,800

TOTAL NOAA RESEARCH—ORF ..................................................... 395,685

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

The Committee recommends an appropriation of $395,685,000 for

Oceanic and Atmospheric Research. The recommendation is

$104,832,000 above the budget request.

Base funding.—The Committee has worked closely with the Office of Oceanic and Atmospheric Research to differentiate between

fixed and variable costs, leading to the first accurate accounting of

so-called base funding. The Committee commends those who participated in this endeavor. The amounts recommended under Oceanic and Atmospheric Research, ‘‘Laboratories and Joint Institutes’’, ‘‘Climate and Global Change-Base Program’’, and ‘‘U.S.

Weather Research Program-Base’’, are subject to the following

funding guidelines: Thirty-two percent is for direct labor; 8 percent

is for personnel benefits; 1 percent is for former personnel; 2 percent is for travel of persons; 6 percent is for rent and utilities; 20

percent is for contractual services; 4 percent is for supplies and materials; 3 percent is for equipment; 23 percent is for grants and

fixed charges; and 1 percent is for miscellaneous expenses. Transfers of funds between these guidelines, or into or out of the base

accounts, shall be subject to reprogramming requirements regardless of dollar amount.
108

Climate Change Research Initiative.—The Committee does not

recommend $18,000,000 as requested, for the Climate Change Research Initiative. The Committee has reviewed this initiative and

has concluded that it is an ill-defined program established through

the political process. The Committee has, for many years, supported robust funding for the Climate and Global Change Program

and activities under Climate Observations and Services. The Committee is concerned that the administration’s proposed increases for

Climate Change Research are not provided under the Global

Change Research Program, but under a separate Climate Change

Research Initiative not related to the research program being conducted pursuant to the coordinated Federal process established by

Congress in the Global Change Research Act of 1990. The Committee supports increased funding for global climate change but believes that the funding should be provided to NOAA for research

priorities established under the U.S. Global Climate Research Program decision making structure. The Committee has provided

$159,201,000 for climate research. This funding level does not include funds appropriated for climate research elsewhere within

NOAA’s budget.

Of the amounts provided for Tsunami Hazard Mitigation, $1,000,000 is for the Tsunami Warning and Environmental Observing in Alaska.

Ocean Exploration.—The Committee recommendation includes

$20,000,000 for Ocean Exploration, an increase of $6,000,000 over

the fiscal year 2002 level. Of this amount, the Committee recommends $1,000,000 for the Center for Marine Cultural Resources.

These amounts will be administered by NOAA to establish a Cooperative Institute of Marine Cultural Resources, in collaboration

with the University of Rhode Island and NOAA’s Ocean Exploration program.

NISA.—The Committee recommends $2,250,000 for National

Invasive Species Act/Ballast Water Demonstrations. The amount

recommended is for the Chesapeake Bay and Great Lakes ballast

water demonstrations to be allocated according to the fiscal year

2002 level. Of the amounts provided, $250,000 is for the Center for

Innovative Technologies to continue activities begun in fiscal year

2002.

NISA Alaska.—The Committee recommends $1,750,000 to address the proliferation of exotic species such as Atlantic salmon in

the marine environment in the North Pacific. Of this amount,

$750,000 is for the Pacific States Marine Fisheries Commission to

prevent the escapement of Atlantic salmon from Alaska streams

and to address other invasive species issues including mitten crab,

and green crab.

Ocean, Coastal, and Great Lakes Research.—Within the amount

provided for the Great Lakes Environmental Research Lab

(GLERL), the Committee recommends that NOAA support research

programs on aquatic invasive species mitigation and reduction in

the Lake Champlain Basin. Of the amounts recommended for the

National Sea Grant College Program, no less than $3,000,000 will

be dedicated towards hiring of additional personnel, at the State

program level, to act as liaisons between NOAA, Sea Grant Institutions, and the commercial and recreational fishing industries. The
109

Committee recommends $13,770,000 for the National Undersea Research Program (NURP). Of the amount provided, $6,885,000 is for

research conducted through the east coast NURP centers and

$6,885,000 is for the west coast NURP centers, including the Hawaiian and Pacific Center and the West Coast and Polar Regions

Center. The Committee expects level funding will be available for

Aquarius, ALVIN, and program administration.

The Committee recommends $12,000,000 for the next generation

undersea laboratory/habitat. The Committee directs the Administrator of NOAA, working with NURP, the Office of Ocean Exploration, the Director of the National Marine Sanctuaries in Key

Largo, Florida as well as the University of North Carolina Wilmington to design and build a new relocatable undersea laboratory/

habitat. This new, modern laboratory/habitat supported by the

Committee’s recommendation will significantly improve the Nation’s ability to conduct valuable research and promote understanding and education of our oceans and its resources. Before deployment, an operational plan shall be put in place to identify locations only within the waters of the United States where this laboratory will be used to address our most important marine challenges in priority order. This plan shall be submitted to the Committees on Appropriations for approval. This new platform shall be

deployed first in the Florida Keys National Marine Sanctuary, in

an area such as the Tortugas reserve.

The Committee recommendation includes $2,000,000 for Arctic

Research. Of this amount, $350,000 is for the Cooperative Institute

for Arctic Research.

NATIONAL WEATHER SERVICE

[In thousands of dollars]

Committee

recommendation

Operations and Research:

Local Warnings and Forecasts:

Base .................................................................................................... 483,178

Air Quality Forecasting Pilot Program ........................................... 3,000

Alaska Data Buoys ............................................................................ 1,700

Aviation Forecast .............................................................................. 35,596

Edmunds County Warning System ................................................. 215

High Resolution Temperature Forecasting ..................................... 3,000

Mt. Washington Observatory ........................................................... 500

New England Weather Technology Initiative ................................. 500

NC Flood Plain Mapping Pilot ......................................................... 2,000

Sustain Cooperative Observer Network .......................................... 1,890

Subtotal, Local Warnings and Forecasts ..................................... 531,579

Advanced Hydrological Prediction Services ........................................... 4,500

Aviation Weather ......................................................................................

WFO Maintenance .................................................................................... 5,000

Weather Radio Transmitters:

Weather Radio Transmitters Base .................................................. 2,320

NOAA Weather Radio Transmitters—WY ...................................... 400
110

Committee

recommendation

North Dakota Ag Weather Network ................................................ 340

Subtotal, Weather Radio Transmitters ........................................ 3,060

Central Forecast Guidance ............................................................................. 43,525

Total, Operations and Research .......................................................... 587,664

Systems Operation & Maintenance:

NEXRAD ................................................................................................... 39,996

ASOS ......................................................................................................... 7,650

AWIPS ....................................................................................................... 36,500

Weather & Climate Supercomputing Backup ........................................ 7,200

NWSTG Backup ........................................................................................ 3,000

Total, Systems Operation & Maintenance .......................................... 94,346

TOTAL NATIONAL WEATHER SERVICE—ORF ............................ 682,010

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

The Committee recommends an appropriation of $682,010,000 for

the National Weather Service [NWS] for operations, acquisitions,

and research. The recommendation is $75,099 above the request.

Local Warnings and Forecasts.—The ‘‘1995 Secretary’s Report to

Congress on Adequacy of NEXRAD Coverage and Degradation of

Weather Services’’ requested further studies of several sites, including Williston, ND and Erie, PA. The Committee provided funds to

begin mitigation in fiscal year 1999 at these sites. The Committee

has provided $4,790,000 to continue current operations at these

sites. In addition, the Committee directs the NWS to make appropriate arrangements to maintain a local presence for the maintenance of the NOAA weather radio antenna in Erie, PA and develop

a strategy to adequately address the prediction of lake-effect snow

in the area.

The Committee recommendation includes $3,000,000 to complete

analysis of the air quality pilot program, finalize a concept of operations, and begin procurement of the information technology infrastructure necessary to support operational air quality forecasts by

the end of fiscal year 2004. In addition, $3,000,000 is provided to

complete the operational implementation of the temperature forecasting pilot in New England. The Committee recommendation provides for the modernization of a total of 200 meteorological observing stations and for the operational use of high resolution forecasts

models at 8 sites in fiscal year 2003.

NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION

SERVICE

[In thousands of dollars]

Committee

recommendation

Environmental Satellite Observing Systems:

Satellite Command and Control .............................................................. 32,461

Satellite Facilities Security ..................................................................... 300
111

Committee

recommendation

Product Processing and Distribution ...................................................... 18,150

Subtotal, Environmental Satellite Observing Systems ..................... 50,911

Product Development, Readiness & Application:

Base ........................................................................................................... 18,768

Coral Reef Monitoring .............................................................................. 750

Joint Center/Accelerate Use of Satellites ............................................... 750

Global Wind Demo ................................................................................... 4,000

Subtotal, Product Development, Readiness & Application ................ 24,268

Commercial Remote Sensing Licensing & Enforcement ....................... ..................

Total, Environmental Satellite Observing Systems ........................... 75,179

NOAA’s Data Centers & Information Services:

Archive, Access & Assessment:

Base .................................................................................................... 32,000

Archive, Access & Assessment/Climate Database Modernization .................................................................................................. 6,214

Subtotal, Archive, Access & Assessment .................................. 38,214

Coastal Data Development ...................................................................... 4,513

Regional Climate Centers ........................................................................ 3,600

Environmental Data Systems Modernization ........................................ 12,335

Total, NOAA’s Data Centers & Information Services ....................... 58,662

TOTAL NATIONAL ENVIRONMENTAL SATELLITE, DATA

AND INFORMATION SERVICE—ORF ......................................... 133,841

The Committee recommends an appropriation of $133,841,000 for

the National Environmental Satellite, Data, and Information Service [NESDIS]. The recommendation is $12,525,000 below the request.

The Committee directs NESDIS to maintain current staffing levels at the Gilmore Creek Tracking Station in fiscal year 2003.

NESDIS will provide a report to the Committees on Appropriations

by March 1, 2003 on how it plans to implement the new National

Orbiting Environmental Satellite System and its plans for the Gilmore Creek Tracking Station including staffing projections.

PROGRAM SUPPORT

[In thousands of dollars]

Committee

recommendation

Corporate Services:

Under Secretary and Associate Offices Base ......................................... 27,000

Policy Formulation and Direction Base .................................................. 35,000

Federal Employee Pay Parity .................................................................. 12,507

Educational Partnership Program/Minority Serving Institutions ........ 14,000

National Ocean Science Education Program .......................................... 1,000

Total, Corporate Services ..................................................................... 89,507

Facilities:

Maintenance, Repairs and Safety ........................................................... 4,000

Boulder Facilities Operations .................................................................. 4,500

National Aquarium Infrastructure Repairs ........................................... 1,000
112

Committee

recommendation

Environmental Compliance ..................................................................... 2,000

Pribilof Islands Cleanup .......................................................................... 6,000

Total, Facilities ..................................................................................... 17,500

Marine Operations & Maintenance:

Marine Services:

Marine Services Base (Data Acquisition) ........................................ 64,000

AGATE PASS (Coastal YTT) Operations ........................................ 350

FAIRWEATHER Operations ............................................................ 4,100

Subtotal, Marine Services (including base) ................................. 68,450

Fleet Planning and Maintenance:

Fleet Planning and Maintenance ..................................................... 11,213

AGATE PASS (Coastal YTT) Maintenance ..................................... 250

FAIRWEATHER Maintenance ......................................................... 450

Subtotal, Fleet Planning and Maintenance ................................. 11,913

Total, Marine Operations and Maintenance ............................... 80,363

Aviation Operations: Aircraft Services .......................................................... 15,500

Total, Aircraft Services ......................................................................... 15,500

Total, Marine and Aviation Operations .............................................. 95,863

GRAND TOTAL PROGRAM SUPPORT—ORF ................................. 202,870

The Committee recommends an appropriation of $202,870,000 for

the NOAA program support functions. The recommendation is

$1,712,000 below the request.

Corporate Services.—The Committee recommends $14,000,000 to

provide funding to historically black colleges and universities to

train scientists. The Committee recommends that this program be

extended to Native Hawaiian Serving Institutions and Alaskan Native Serving Institutions as defined in the Higher Education Act.

Facilities.—The Committee supports improvements to the infrastructure of the National Aquarium and recommends $1,000,000

for needed repairs. The Committee expects the Department of Commerce to draft a 20-year working plan for the National Aquarium.

PROCUREMENT, ACQUISITION, AND CONSTRUCTION

[In thousands of dollars]

Committee

recommendation

NOS:

Coastal and Estuarine Land Conservation Program (CELP):

Base .................................................................................................... 12,900

Seacoast, NH ..................................................................................... 2,000

Los Cerritos Wetlands, CA ............................................................... 2,000

Laughlin Cove, WA ........................................................................... 300

Maury Island, WA ............................................................................. 1,800

Rocky Point, RI .................................................................................. 1,900

Satilla River, GA ............................................................................... 2,000

Harbor Herons, NY ........................................................................... 2,000

Deer Island, MS ................................................................................ 2,200

North Bass Island, OH ..................................................................... 2,000

East Sandusky Bay, OH ................................................................... 2,000

Mill River, CT .................................................................................... 2,000

Farm River, CT ................................................................................. 300
113

Committee

recommendation

Morro Bay Dunes, CA ....................................................................... 2,000

Wetlands Harbor, LA ........................................................................ 1,600

Hawaii Coastal Lands ....................................................................... 3,000

Coastal Bays, MD .............................................................................. 2,000

Chesapeake, Eastern Shore, MD ..................................................... 2,000

Nanjemoy, MD ................................................................................... 2,000

Deer Lagoon, WA .............................................................................. 600

City of Two Harbors, MN ................................................................. 400

Long Island, NY ................................................................................ 1,000

Bonneau Ferry, SC ............................................................................ 10,000

Cooper River, West Branch, SC ....................................................... 2,000

Subtotal, Coastal and Estuarine Land Conservation

Program ...................................................................................... 60,000

Estuarine Land Acquistion & Construction:

NERRS Base ...................................................................................... 10,012

ACE Basin ......................................................................................... 4,500

Great Bay Partnership ..................................................................... 6,000

Grand Bay, MS .................................................................................. 6,000

Morris Island ..................................................................................... 4,000

Subtotal, NERRS Acquisition/Construction .................................... 30,512

Marine Sanctuaries Construction:

Base .................................................................................................... 10,000

Subtotal, Marine Sanctuary Construction ................................... 10,000

Other NOS Facilities:

Kasitsna Bay Laboratory .................................................................. 1,400

Beaufort Lab ...................................................................................... 500

Subtotal, Other NOS Facilities .................................................... 1,900

Total NOS—PAC ........................................................................... 102,412

NMFS:

Honolulu Lab ............................................................................................ 15,000

Kodiak Pier ............................................................................................... 2,000

Ketchikan Facilities ................................................................................. 3,000

Pascagoula Laboratory ............................................................................. 2,000

Phase III—Galveston Laboratory Renovation—NMFS ......................... 2,000

Total, NMFS—PAC ............................................................................... 24,000

OAR:

Systems Acquisition:

Comprehensive Large Array Data Stewardship System ............... 3,600

Research Supercomputing ................................................................ 6,519

Subtotal, OAR Systems Acquisition ............................................. 10,119

Construction:

Barrow Planning and Design ........................................................... 1,000

Norman Consolidation Project ......................................................... 6,000

Subtotal, OAR Construction ......................................................... 7,000

Total, OAR—PAC .......................................................................... 17,119

NWS:

Systems Acquisition:

ASOS .................................................................................................. 5,125
114

Committee

recommendation

AWIPS ................................................................................................ 16,264

NEXRAD ............................................................................................ 8,260

Radiosonde Network Replacement .................................................. 6,500

Weather and Climate Supercomputing ........................................... 20,000

Subtotal, NWS Systems Acquisition ............................................ 56,149

Construction: WFO Construction ............................................................ 10,630

Subtotal, NWS Construction ................................................................ 10,630

Total, NWS—PAC ................................................................................. 66,779

NESDIS:

Systems Acquisition:

Geostationary Systems ..................................................................... 227,398

Polar Orbiting Systems ..................................................................... 359,538

EOS & Advanced Polar Data Processing, Distribution &

Archiving Systems ......................................................................... 3,000

CIP Single Point of Failure .............................................................. 2,800

Coastal Remote Sensing ................................................................... 3,000

Subtotal, NESDIS Systems Acquisition ....................................... 595,736

Construction:

Satellite CDA Facility ....................................................................... 4,000

Suitland Facility ................................................................................ 8,890

Subtotal, NESDIS Construction ................................................... 12,890

Total, NESDIS—PAC .................................................................... 608,626

Program Support:

CAMS ........................................................................................................ 10,000

G–IV Instrumentation Upgrades ............................................................ 8,400

Fleet Replacement:

Small Waterplane Area Twin Hull Vessel ...................................... 9,000

Fisheries Research Vessel Replacement .......................................... 50,874

Hydrographic Equipment Upgrades ................................................ 6,200

Subtotal, OMAO Fleet Replacement ............................................ 66,074

Total, Program Support—PAC ..................................................... 84,474

GRAND TOTAL PAC .................................................................... 903,410

The Committee recommendation provides $903,410,000 for Procurement, Acquisition, and Construction. The recommendation is

$92,023,000 above the request. The amount provided includes

$100,512,000 for programs in the conservation spending category.

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

National Ocean Service.—The Committee recommends

$60,000,000 for the coastal and estuarine land conservation program. This program is funded under the conservation spending category. This program provides funds for matching grants to States,

communities, and groups engaged in land conservation efforts that

benefit coastal and estuarine areas. These funds will be used expressly to acquire lands or interests in lands that include significant conservation, recreation, ecological, historical or aesthetic values to further the goals of a federally approved Coastal Zone Management Program or a National Estuarine Research Reserve. Of
115

the amount provided for this program in fiscal year 2003, the Committee recommends the following projects: $2,000,000 for the Seacoast in New Hampshire, $2,000,000 for Cooper River, West Bank,

South Carolina, $10,000,000 for Bonneau Ferry, South Carolina,

$2,000,000 for Los Cerritos Wetlands in California, $1,900,000 for

Rocky Point in Rhode Island, $2,000,000 for Satilla River in Georgia, $2,000,000 for Harbor Herons in New York, $2,200,000 for

Deer Island in Mississippi, $2,000,000 for North Bass Island in

Ohio, $2,000,000 for East Sandusky Bay in Ohio, $2,000,000 for

Mill River in Connecticut, $300,000 for Farm River in Connecticut,

$2,000,000 for Morro Bay Dunes in California, $3,000,000 for

Coastal Lands in Hawaii, $2,000,000 for Coastal Bays in Maryland,

$2,000,000 for Chesapeake, Eastern Shore, Maryland, $2,000,000

for Nanjemoy, Maryland, $600,000 for Deer Lagoon in Washington,

$400,000 for City of Two Harbors, MN, $1,600,000 for Wetlands

Harbor, LA, and $1,000,000 for Long Island Coastal Lands in New

York.

Under a new section entitled, ‘‘Estuarine Land Acquisition and Construction,’’ the Committee recommends $4,500,000 for ACE

Basin, $6,000,000 for the Great Bay Partnership, $6,000,000 for

Grand Bay, MS, and $4,000,000 for Morris Island. The Committee recommends $500,000 for repairs and facilities

improvements at the Beaufort Laboratory. In recognition of the dilapidated conditions at the laboratory due to decades of neglect, the

Committee encourages the lab to develop a 10-year facilities plan

for Pivers Island.

Program Support.—The Committee recommendation provides $9,000,000 for a Small Waterplane Area Twin Hull vessel to be

homeported in New Castle, NH.

OTHER

[In thousands of dollars]

Committee

recommendation

OPERATIONS, RESEARCH, FACILITIES (ORF):

Direct Obligations ..................................................................................... 2,405,801

De-Obligations .......................................................................................... (17,000)

Transfers: Coastal Zone Management Fund ................................................. 3,000

TOTAL, DISCRETIONARY ORF BUDGET AUTHORITY ............... 2,391,801

Transfers: Promote & Develop American Fisheries ...................................... (55,000)

Subtotal, ORF Transfers ...................................................................... (55,000)

TOTAL, CJS ORF APPROPRIATION ................................................ 2,336,801

PROCUREMENT, ACQUISITION, CONSTRUCTION (PAC):

Direct Obligations ..................................................................................... 903,410

De-Obligations .......................................................................................... (3,200)

TOTAL, DISCRETIONARY PAC BUDGET AUTHORITY ............... 900,210

TOTAL, CJS PAC APPROPRIATION ................................................. 900,210

OTHER DISCRETIONARY APPROPRIATIONS:

Fisherman’s Contingency Fund ............................................................... 954

Foreign Fishing Observer Fund .............................................................. 191

Fisheries Financing Program .................................................................. (3,000)
116

Committee

recommendation

Coastal Zone Management Fund ............................................................ (3,000)

Pacific Coastal Salmon Fund ................................................................... 115,000

TOTAL, OTHER DISCRETIONARY APPROPRIATIONS ................ 110,145

NOAA Grand Total Discretionary Appropriations ............................. 3,350,356

PACIFIC COASTAL SALMON RECOVERY FUND

Appropriations, 2002 ............................................................................. $157,419,000

Budget estimate, 2003 ........................................................................... 110,000,000

Committee recommendation ................................................................. 115,000,000

The Committee recommends $115,000,000 for Pacific Coastal

Salmon conservation to be funded under the conservation category.

Of this amount, $95,000,000 is for the Pacific Coastal Salmon Recovery Fund. Within the funding for the Pacific Coastal Salmon Recovery Fund, the Committee recommends $30,050,000 for the State

of Washington, $24,650,000 for the State of Alaska, $14,000,000 for

the State of Oregon, $14,000,000 for the State of California,

$9,000,000 for the Pacific Coastal Tribes, and $3,300,000 for the

Columbia River Tribes. Of the funds provided for the State of Alaska, $5,000,000 is for the Arctic Yukon-Kushokwim Sustainable

Salmon initiative, $1,000,000 is for construction of salmon mitigation passes, $1,000,000 is for the Cook Inlet Fishing Community

Assistance Program, $500,000 is for the Yukon River Drainage Association, $500,000 is for Fort Richardson fisheries, $500,000 is for

Elmendorf AFB hatcheries, $500,000 is for Fort Wainwright fisheries, $450,000 is for universal quality standards, $450,000 is for

competitive analysis of global salmon, $250,000 is to restore the

king salmon runs in Coffman Cove, $250,000 is to enable the State

of Alaska to participate in discussions regarding the Columbia

River hydrosystem management, and $100,000 is for United Fishermen of Alaska’s subsistence program. Of the amounts provided

for the State of Washington, $5,000,000 is for 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 monies 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

Act and Clean Water Act. Of the amount provided to the State of

Oregon, $1,100,000 is for conservation mass marking at the Columbia River Hatcheries.

FISHERMEN’S CONTINGENCY FUND

Appropriations, 2002 ............................................................................. $952,000

Budget estimate, 2003 ........................................................................... 954,000

Committee recommendation ................................................................. 954,000

The Committee recommends an appropriation of $954,000 for the

fishermen’s contingency fund.

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. The Secretary of Commerce is authorized to establish an
117

area account within the fund for any area within the Outer Continental Shelf. A holder of a lease, permit, easement, or right-of-way

in such area is required to pay a fee into the appropriate area account in the fund. Each area account, if depleted, will be replenished by assessment. The authorization stipulates that amounts

available in each area account can be disbursed only to the extent

provided by appropriations acts. Since receipts collected may not be

sufficient for this appropriation, the Committee has included language which provides that the sums necessary to eliminate the insufficiency may be derived from the general fund of the Treasury.

FOREIGN FISHING OBSERVER FUND

Appropriations, 2002 ............................................................................. $191,000

Budget estimate, 2003 ........................................................................... 191,000

Committee recommendation ................................................................. 191,000

The Committee recommends an appropriation of $191,000 for the

foreign fishing observer fund.

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 U.S. observers and

program support personnel, other administrative costs, and the

cost of data management and analysis.

FISHERIES FINANCE PROGRAM ACCOUNT

Appropriations, 2002 ............................................................................. $287,000

Budget estimate, 2003 ........................................................................... ...........................

Committee recommendation ................................................................. ...........................

The Committee notes that an appropriation is not necessary for

the fisheries finance program account. Of the loan authority provided through bill language, $5,000,000 is for entry level and small

vessel individual fishery quota (IFQ) obligation guarantees in the

halibut and sablefish fisheries off Alaska pursuant to section

1104A(a)(7) of the Merchant Marine Act of 1936. These funds are

provided for IFQ loans in accordance with section 303(d)(4) of the

Magnuson-Stevens Act and section 108(g) of the Sustainable Fisheries Act.

DEPARTMENT MANAGEMENT

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $37,652,000

Budget estimate, 2003 ........................................................................... 48,254,000

Committee recommendation ................................................................. 41,494,000

The Committee recommends an appropriation of $41,494,000 for

Departmental Management. The recommendation is $6,760,000

below the budget request. The Committee recommendation includes

the fiscal year 2002 funding level, a 4.1 percent pay adjustment for

Federal employees, and $3,000,000 for requested Homeland Security program increases.

OFFICE OF THE INSPECTOR GENERAL

Appropriations, 2002 ............................................................................. $20,176,000

Budget estimate, 2003 ........................................................................... 22,670,000

Committee recommendation ................................................................. 20,635,000
118

The Committee recommends an appropriation of $20,635,000 for

the Commerce Department’s Office of the Inspector General. The

recommendation is $2,035,000 below the budget request. The Committee recommendation includes the fiscal year 2002 funding level

and a 4.1 percent pay adjustment for Federal employees.

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

The Committee includes the following general provisions for the

Department of Commerce that were included in the fiscal year

2001 appropriations act. Sections 201 through 208 are continuations of language included in previous appropriations acts.

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 prohibits any funds to be used to support hurricane

reconnaissance aircraft and activities that are under the control of

the U.S. Air Force or the U.S. Air Force Reserve.

Section 204 provides the authority to transfer funds between Department of Commerce accounts. The language provides that no account may be decreased by more than 5 percent or increased by

more than 10 percent. The language also makes the transfers subject to the Committee’s standard reprogramming procedures.

Section 205 allows the Secretary to award contracts for certain

mapping and charting activities in accordance with the Federal

Property and Administrative Services Act.

Section 206 permits the Department of Commerce franchise fund

to retain a percentage of earnings from services provided for capital

investments.

Section 207 provides funding for 4 grants and a cooperative

agreement.

Section 208 clarifies allowable applications of a grant program.

Section 209 clarifies allowable applications of a grant program.

Section 210 clarifies that Congress has not approved a change in

name for the Bureau of Export Administration.
(119)

TITLE III—THE JUDICIARY

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 recommends a total appropriation of

$4,965,151,000 for the judiciary. The recommendation is

$276,459,000 below the budget request. The Committee is aware

that a total of $331,462,000 in fees, reimbursables, and carryover

is available in various accounts across this title to supplement direct appropriations.

Steady growth in costs associated with Defender Services, court

security, GSA rental payments, and pay and benefits at a time of

declining resources continues to put serious pressure on the judiciary budget. The Committee urges the judiciary to make every effort

to contain mandatory costs.

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $39,988,000

Budget estimate, 2003 ........................................................................... 46,324,000

Committee recommendation ................................................................. 44,399,000

The Committee recommends an appropriation of $44,399,000 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 $1,925,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level, a 4.1 percent pay adjustment, $3,000,000 for requested

Homeland Security program increases, and certain mandatory increases for judicial officers. Homeland Security enhancements include $417,000 for costs re- lated to an offsite mail screening facility; $871,000 for Supreme

Court police pay parity and overtime, $162,000 for three PC/network/security specialists; and $1,550,000 for security related automation enhancements.

Adjustments to Base.—The Supreme Court included as adjustments to base an elevated pay increase, as compared to the 2.6 percent pay increase proposed in the budget for all other Federal employees, as well as police pay parity and overtime. While the Committee included these funds in its recommendation, the Committee

does not agree with the Court’s practice of displaying significant

program increases as adjustments to base. Accordingly, in developing future budget requests, the Committee directs the Court to

include any non-mandatory increases, including cost of living increases above that proposed in the budget for Federal employees,

as program increases.
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CARE OF THE BUILDING AND GROUNDS

Appropriations, 2002 ............................................................................. $67,530,000

Budget estimate, 2003 ........................................................................... 53,626,000

Committee recommendation ................................................................. 53,304,000

The Committee recommends an appropriation of $53,304,000 for

personnel and other services relating to the Supreme Court building and grounds, which is supervised by the Architect of the Capitol. The recommendation is $322,000 below the budget request.

The Committee recommendation includes the fiscal year 2002 funding level, a 4.1 percent pay adjustment for Federal employees, and

$55,000 for requested Homeland Security program increases, including replacement of seven metal detectors at the Supreme Court

building.

Adjustments to Base.—The Court included a number of non-mandatory increases as adjustments to base, including: an elevated pay

increase, as compared to the 2.6 percent pay increase proposed in

the budget for all other Federal employees; increases in the cost of

training; and exterior painting and caulking. As previously stated,

the Committee does not agree with the Court’s practice of displaying significant program increases as adjustments to base and

directs the Court to include any non-mandatory increases as program increases in all future budget requests.

Building renovations.—The recommendation includes

$49,696,000 to complete funding for critical upgrades to the Supreme Court building. By providing the remaining funds needed for

this renovation project, the Architect of the Capitol, who is responsible for maintaining this historic structure, may pursue a single

contract to ensure accountability of the contractors. The Architect

of the Capitol shall submit to the Committees on Appropriations a

meaningful schedule and cost estimate based upon updated design

plans for the renovation project by December 15, 2002 and shall

update the report upon completion of the plans.

U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $19,287,000

Budget estimate, 2003 ........................................................................... 21,893,000

Committee recommendation ................................................................. 20,136,000

The Committee recommends an appropriation of $20,136,000.

The recommendation is $1,757,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level, a 4.1 percent pay adjustment, $354,000 for Homeland Security related automation enhancements, and certain mandatory increases for judicial officers.

U.S. COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $13,064,000

Budget estimate, 2003 ........................................................................... 13,777,000

Committee recommendation ................................................................. 13,529,000
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The Committee recommends an appropriation of $13,529,000.

The recommendation is $248,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level, a 4.1 percent pay adjustment, $276,000 for Homeland Security related enhancements, and certain mandatory increases for judicial officers.

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $3,596,116,000

Budget estimate, 2003 ........................................................................... 4,014,107,000

Committee recommendation ................................................................. 3,814,211,000

This account provides for the salaries of judges, magistrates, and

all other officers and employees of the Federal judiciary not otherwise provided for, and for all necessary expenses, including charges

for space and facilities.

The Committee recommends a total appropriation of

$3,814,211,000 for salaries and expenses of the Courts of Appeals,

District Courts, and Other Judicial Services. The recommendation

is $199,896,000 below the budget request. The Committee notes

that the judiciary reestimate of funding requirements is

$18,945,000 below the budget request. As noted at the beginning

of the title, the Committee understands that at least $120,588,000

in carryover will be available to apply to this account, if necessary.

The Committee recommendation includes the fiscal year 2002

funding level, a 4.1 percent pay adjustment, $150,161,000 for

Homeland Security related enhancements, and certain mandatory

increases for judicial officers.

THE NATIONAL CHILDHOOD VACCINE INJURY ACT

Appropriations, 2002 ............................................................................. $2,692,000

Budget estimate, 2003 ........................................................................... 2,784,000

Committee recommendation ................................................................. 2,784,000

The Committee recommends a reimbursement of $2,784,000 from

the special fund to cover expenses of the claims court associated

with processing cases under the National Childhood Vaccine Injury

Act of 1986. The recommendation is identical to the budget request.

DEFENDER SERVICES

Appropriations, 2002 ............................................................................. $500,671,000

Budget estimate, 2003 ........................................................................... 588,741,000

Committee recommendation ................................................................. 531,792,000

The Committee recommends an appropriation of $531,792,000.

The recommendation is $56,949,000 below the budget request.

The Committee recommendation includes the fiscal year 2002

funding level, a 4.1 percent pay adjustment, and $24,149,000 for

Homeland Security related enhancements, including increases in

the number of representations by the Federal Defender Organization and Criminal Justice Act (CJA) Panel Attorneys. The Committee continues to support the $90 hourly for CJA panel attorneys.
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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 CJA, as amended.

Criminal Justice Act Panel Attorney Rates.—In fiscal year 2002,

the Committee provided a significant increase in CJA panel attorney hourly rates from $75 to $90 in-court and from $55 to $90 outof-court. This large increase was funded and approved by Congress

because the hourly rates authorized in 1986 had not kept pace with

inflation and many Federal judges were reporting difficulty in finding qualified counsel willing to accept CJA appointments at rates

that were one-third to one-half the rates charged in private practice.

This year, the request included an additional increase in the CJA hourly rate to $113, a 25 percent increase over the recently approved increased rate of $90 for fiscal year 2002. The Committee

believes this request is premature since the current hourly rate of

$90 was only implemented in May, 2002, and it is too soon to determine whether the new $90 rate will address the problem of obtaining adequate counsel.

The Committee does not agree with the judiciary practice of displaying significant increases in CJA panel attorney hourly rates as

an adjustment to base. Accordingly, in developing future budget requests, the Committee directs the judiciary to include any increase

in CJA panel attorney hourly rates, above the cost of living increase proposed in the budget for Federal employees, as a program

increase.

FEES OF JURORS AND COMMISSIONERS

Appropriations, 2002 ............................................................................. $48,131,000

Budget estimate, 2003 ........................................................................... 57,826,000

Committee recommendation ................................................................. 54,636,000

This account provides for the fees and allowances of grand and

petit jurors and for the compensation of land commissioners and

jury commissioners. The Committee recommends an appropriation of $54,636,000.

The recommendation reflects the judiciary’s reestimate of fiscal

year 2003 requirements.

COURT SECURITY

Appropriations, 2002 ............................................................................. $220,677,000

Budget estimate, 2003 ........................................................................... 298,235,000

Committee recommendation ................................................................. 290,442,000

The Committee recommends an appropriation of $290,442,000.

The recommendation is $7,793,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level, a 4.1 percent pay adjustment and $37,437,000 for requested

Homeland Security program increases.

Growth in the Court Security Program.—The Committee notes

the substantial growth in funding experienced in the Court Security Program. In the past 5 years, the program has nearly doubled—increasing from $167,000,000 in fiscal year 1998 to a total

appropriation of almost $300,000,000 in fiscal year 2002. In light

of this growth, the Committee wants to ensure that these resources
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are being efficiently managed and spent for the purposes for which

they have been appropriated. Therefore, the Committee requires

the submission of a court security program spending plan, in accordance with Section 605 of this Act, prior to the obligation of no

more than 25 percent of the funds appropriated herein. Further,

the Committee notes and emphasizes the role of the Administrative

Office of the U.S. Courts (AO) to oversee and ensure the effective

use of court security funds and expects the Director of the AO to

coordinate the development of this plan with the assistance of the

United States Marshals Service.

Supervisory-Level Deputy U.S. Marshals.—The Committee recommendation includes bill language and funding to support 106 supervisory, deputy marshals at the local level to coordinate the protection of judges both on and off site, oversee the courthouse security program, and ensure that emergency response procedures for

chemical/biological, terrorist, or other attacks are in place. The

Committee understands that these supervisory-level deputy marshals will be devoted full-time to judicial security.

Court Security Officers (CSO) Revised Medical Standards.—In

January 2001, the U.S. Marshals Service began implementing new

CSO medical examination procedures and revised medical standards based on the results of a requirements study of CSO duties

conducted by the Public Health Service’s Office of Federal Law Enforcement Medical Programs. To ensure that CSOs are as physically fit as necessary to perform their security functions and respond in emergency situations, the Committee fully supports the

implementation of these new medical procedures and standards.

ADMINISTRATIVE OFFICE OF THE U.S. COURTS

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $61,664,000

Budget estimate, 2003 ........................................................................... 66,912,000

Committee recommendation ................................................................. 64,655,000

The Committee recommends an appropriation of $64,655,000.

The recommendation is $2,257,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level, a 4.1 percent pay adjustment, and $793,000 for Homeland Security related enhancements, including program oversight of crisis

response, security and safety.

The Administrative Office of the U.S. Courts [AO] hosts the Judicial Conference and serves the Federal courts through administrative support, program management, and policy development support.

The Committee supports the AO’s efforts to increase program

oversight, particularly with regard to the stewardship of resources

and court security.

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $19,735,000

Budget estimate, 2003 ........................................................................... 21,885,000

Committee recommendation ................................................................. 20,156,000
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The Committee recommends an appropriation of $20,156,000. The recommendation is $1,729,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level and a 4.1 percent pay adjustment.

The Federal Judicial Center 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, 2002 ............................................................................. $37,000,000

Budget estimate, 2003 ........................................................................... 35,300,000

Committee recommendation ................................................................. 35,300,000

The Committee recommends an appropriation of $35,300,000 for

payments to the Judicial Officers’ Retirement Fund and the Claims

Court Judges Retirement Fund. The recommendation is 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.

U.S. SENTENCING COMMISSION

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $11,575,000

Budget estimate, 2003 ........................................................................... 13,200,000

Committee recommendation ................................................................. 11,835,000

The Committee recommends an appropriation of $11,835,000. The recommendation is $1,365,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level and a 4.1 percent pay adjustment.

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, all of which were included in previous appropriations

acts.

Section 301 allows the Judiciary to expend funds for 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 provides a pay raise for Justices and judges.
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TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

The Committee recommends an appropriation of $7,898,015,000.

The recommendation is $240,860,000 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, 2002 ............................................................................. $3,630,012,000

Budget estimate, 2003 ........................................................................... 3,936,844,000

Committee recommendation ................................................................. 3,802,982,000

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.

The Committee recommends an appropriation of $3,802,982,000.

The recommendation is $133,862,000 below the budget request.

The Committee recommendation includes the fiscal year 2002 funding level, a 4.1 percent pay adjustment for Federal employees, and

funding for Homeland Security program increases. Within the

amount provided, the Committee recommendation includes

$175,000 to support the United States’ membership in the Arctic

Council and $40,000 for the Bering Straits Commission. The former

includes funds for representation expenses and travel for U.S. delegates.

The Committee recommendations, by bureau or operation, are

displayed in the following table:

DIPLOMATIC & CONSULAR PROGRAMS

[Dollars in thousands]]

Positions Committee recommendation

Overseas Bureaus:

African Affairs ...................................................................................................... 1,241 $221,835

Near Eastern Affairs ............................................................................................ 950 146,820

South Asian Affairs .............................................................................................. 745 66,803

East Asian & Pacific Affairs ............................................................................... 1,517 235,305

European Affairs .................................................................................................. 2,713 516,329

Western Hemispheric Affairs ............................................................................... 2,197 246,128

International Organization Affairs ....................................................................... 355 47,225

International Conferences .................................................................................... ............................ 4,813

FSN Separation Liability Trust Fund .................................................................... ............................ 7,677
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DIPLOMATIC & CONSULAR PROGRAMS—Continued

[Dollars in thousands]]

Positions Committee recommendation

Subtotal ........................................................................................................... ............................ 1,492,935

Functional Bureaus:

Consular Affairs ................................................................................................... 249 46,146

Economic & Business Affairs .............................................................................. 202 23,458

Intelligence & Research ....................................................................................... 305 40,892

International Information Programs .................................................................... 283 44,557

Oceans/Int’l Environmental/Scientific Affs .......................................................... 157 21,018

Political-Military Affairs ....................................................................................... 182 25,876

Non-Proliferation .................................................................................................. 177 23,680

Arms Control ........................................................................................................ 106 22,324

Verification & Compliance ................................................................................... 76 13,629

Diplomatic Security .............................................................................................. 893 224,911

Information Resource Management ..................................................................... 529 161,630

Democracy, Human Rights, & Labor ................................................................... 97 11,282

Population, Refugees, & Migration ...................................................................... ............................ 477

Legislative Affairs ................................................................................................ 69 7,151

Legal Advisor ....................................................................................................... 233 35,201

Bureau of Public Affairs ...................................................................................... 209 27,314

Counterterrorism Research & Development ......................................................... ............................ 1,800

Office of International Criminal Justice .............................................................. 10 1,039

Trafficking in Persons .......................................................................................... 14 3,515

Subtotal ........................................................................................................... ............................ 735,900

Management Programs ................................................................................................. 1,840 485,699

Continuing Overseas Language Training ............................................................ ............................ (10,000)

Administrative Programs .............................................................................................. 1,398 469,160

Diplomatic Telecommunications Service ............................................................. ............................ (47,657)

Federal Employee Pay Parity ......................................................................................... ............................ 40,202

Subtotal ........................................................................................................... ............................ 3,223,896

Worldwide Security Upgrades:

Guards—Worldwide Protection ............................................................................ ............................ 142,046

Physical Security Equipment ............................................................................... ............................ 18,912

Domestic Equipment ................................................................................... ............................ (3,500)

Physical Security Technical Support .................................................................... ............................ 68,932

Armored Vehicles ................................................................................................. ............................ 10,536

Personnel/Training ............................................................................................... ............................ 119,780

Radio Replacements ............................................................................................ ............................ 7,413

Information/Systems Security .............................................................................. ............................ 51,825

Chemical/Biological Program ............................................................................... ............................ 9,857

Perimeter Security Enhancements ....................................................................... ............................ 74,000

Center for Antiterrorism Training ........................................................................ ............................ 52,000

Frontline Security Readiness ............................................................................... ............................ 22,197

Federal Employee Pay Parity ................................................................................ ............................ 1,588

Subtotal ........................................................................................................... ............................ 579,086

Total, Diplomatic & Consular Programs ......................................................... ............................ 3,802,982

Some of the Committee recommendations displayed in the table

are described in more detail in the following paragraphs.

New post openings.—The Committee is aware that regional bureaus have discovered a clever way to influence the process by

which Congress must consider and approve any request by the Department of State to open a new post. The Committee is aware of

an instance in which a post, with the support of its parent bureau,

arranged for temporary and long term office space and housing,
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hired local nationals onto the staff, and began conducting relations

with the local host government before the request was even transmitted to Congress. By establishing this foothold presence, the Embassy and the bureau make it all but impossible for State and Congress to deny the request, even if it makes good policy sense to do

so. Congressional approval is not a formality. The Committee firmly believes that, while posts should have input into decisions about

expanding the U.S. presence, they should not drive the process. Decisions about post openings must be based on both overall foreign

policy objectives, and resource limitations of the Department. All

future requests to establish new U.S. consulates must hereafter be

accompanied by a full accounting of an embassy’s expenditures in

the region in question, including costs associated with local hires,

operational expenses, Temporary Duty Assignment (TDY) personnel, and travel. Additionally, each regional bureau must, on an

annual basis, submit to the Committee a comprehensive accounting

of the cost of any Department of State activities that take place

outside of a geographic radius of 200 miles of an already-established and Congressionally-approved post. These reports should be

compiled and delivered to the Committee at the time of the Department’s yearly budget submission to Congress.

Diplomatic Security.—Explosive growth in Diplomatic Security

(DS) manning has created an imbalance between seasoned and unseasoned agents that can only be solved with time. The best training available does not compare to the value of experience. Of the

893 Diplomatic Security personnel, more than half the growth has

taken place during the past 2 years, with 389 new Diplomatic Security agents hired in fiscal year 2002, and with 92 new Diplomatic

Security agents hired in fiscal year 2001. Furthermore, the Committee remains concerned about Department decisions concerning

the placement of DS agents. The purpose of the Bureau of Diplomatic Security is to provide a secure environment for the conduct

of American diplomacy worldwide. The Committee understands

that DS must maintain a base staff in Washington, DC, and that

it is responsible for the security of approximately 100 domestic locations. However, DS cannot perform its core mission of protecting

the more than 50,000 U.S. Government personnel, staff, and dependents who serve at our 260 overseas posts—where the threat is

much higher—unless its agents are out in the field, at post. This

is a time of heightened threat to our installations abroad, as demonstrated most recently by attacks against the U.S. Consulate in

Karachi, Pakistan, and an American-attended place of worship in

Islamabad, Pakistan, as well as threats against U.S. properties in

Rome, Italy and Bogota, Colombia. Given this changed security environment, the Committee is alarmed by DS’ continued stubbornness on the issue of placement of DS agents overseas. The Committee is aware that there are 799 Diplomatic Security personnel

managing facilities at 100 locations in the United States while

there are only 94 Diplomatic Security agents posted abroad. The

Committee recommends full funding for the 134 Diplomatic Security agents; however, no less than 100 of the new hires shall be

posted overseas at the nation’s most critical posts. In addition, the

Committee directs the Department to shift no fewer than 250
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agents to the most critical overseas posts no later than March 1,

2003.

Worldwide security upgrades.—The Committee recommendation

includes $579,086,000 for worldwide security upgrades, of which

$504,889,000 is for ongoing security activities and $52,000,000 is

for the Center for Anti-Terrorism Security Training. Full funding

is provided for procedural and technical security enhancements as

well as for training, operational support, and infrastructure. Of the

funding provided for guards-worldwide protection, $5,000,000 is for

uniformed protection officers to provide additional perimeter patrol,

and delivery vehicle inspections 24 hours a day, 7 days a week, for

an additional 19 high-risk posts. None of the funds provided for security may be obligated until a complete and thorough accounting

of prior year security funds has been forwarded to the Committee.

Security enhancements.—At this time of heightened threat to

American posts abroad, the benefits of the security enhancement

funds the Committee has provided to the Department since the Dar

and Nairobi bombings in 1998 are being realized. The most recent

indicator of the benefit of improving physical security at U.S. posts

overseas came on June 14, 2002, when a suicide bomber detonated

a 500-pound fertilizer bomb outside the U.S. Consulate General in

Karachi. While, tragically, the lives of local Pakistani guards and

passers-by were lost, the loss of American lives was prevented and

the physical damage to the building was minimized. While the

blast shattered a section of the wall, the office building was not

damaged in any significant way. The Consulate’s perimeter wall

had recently been reinforced, and barriers installed between the

wall and the street prevented the vehicle from reaching the building. Shatter resistant window film also significantly mitigated the

force of the blast. An earlier reconfiguration of interior office space,

undertaken to provide additional blast separation, also proved

helpful. The Committee believes that continual security upgrades

to existing properties are as important as the Department’s Capital

Security Construction program. The Committee urges the Department to consider augmenting its funding request next fiscal year

and in future years under the Worldwide Security Upgrades account.

Host country relations.—The Committee recommendation includes $2,000,000 out of available funds to continue the Ambassador’s Fund for Cultural Preservation. U.S. Ambassadors serving

in less developed countries may submit competitive proposals for

one-time or recurring projects with awards based on the importance of the site, the country’s need, and the potential of the award

to make a meaningful contribution to the preservation of a site, object, or form of expression. The Department is directed to submit

an annual report to the Committees on Appropriations on winning

projects.

Bureau of Consular Affairs.—The Bureau of Consular Affairs is

tasked with providing support to U.S. citizens abroad, facilitating

travel to and from, as well as immigration to, the United States,

and serving as the first firewall of our National border security

framework. Because of its responsibilities in these areas, the Bureau of Consular Affairs has more daily interaction with individuals, both U.S. citizens and foreign nationals, than any other
129

branch of the State Department. The Committee is aware that the

majority of Consular Affairs personnel respond to inquiries, requests, and crises in a professional and courteous manner. However, the Committee also is aware of an increasing number of complaints by Americans and foreign nationals about discourteous

treatment at certain U.S. posts overseas. The Department has no

formal process by which it addresses such complaints and, when

warranted, to discipline this unacceptable behavior. The Committee

recommendation includes $500,000, to be transferred to the Office

of the Inspector General of the Department of State, with which it

shall undertake a thorough review of the quality of service Consular Affairs provides to both the U.S. and non-U.S. public it is intended to serve. This review should consider the nature and quantity of the complaints received, to the extent that such information

is available, those policies and procedures currently in place within

the Bureau of Consular Affairs that may cause the Bureau’s service

to be less than optimal, and recommendations for how consular

services can be improved. The Committee furthermore expects the

report to outline a proposal for a new, systemized way of tracking

and addressing future complaints to the Department directed at

the Bureau Consular Affairs. The Inspector General’s report should

be submitted to the Committees on Appropriations no later than

March 27, 2003. Once the Department has established a system as

described above, complaints received from U.S. citizens directed at

any Foreign Service Officer shall, as a matter of policy, be referred

to the Bureau of Human Resources for review. If a Foreign Service

Officer receives two or more complaints within a 6-month period,

the Bureau of Human Resources is directed to conduct an administrative hearing to determine whether further professional development training or disciplinary action is warranted.

Consular workspace improvement initiative.—The Committee believes that the Department’s consular mission is critical to U.S. national security. 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. To ensure this, and to improve the overall working environment for Consular Affairs Officers, the Committee directs the Office of Overseas

Buildings Operations (OBO) to undertake a 3-year Consular Workspace Improvement Initiative. The Committee is aware that, traditionally, OBO considers posts’ facilities requirements in a holistic

manner, and does not single out specific bureaus for workspace improvements. However, the Committee is also aware of the direct

link between the quality of consular workspace and the efficiency

and accuracy of consular work. There is a pressing need for additional consular windows and interview space, enlarged reception

and waiting areas, office space, and document storage space. The

initiative should identify posts for consular workspace rehabilitation where errors in visa issuance present the greatest threat to

U.S. national security interests, as determined by OBO in consultation with the Bureau of Consular Affairs. The Committee expects

construction work to begin on priority projects no later than 60

days after the enactment of this Act. The Committee directs that

$10,000,000 from MRV fees be used for this initiative.
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Language training.—Several reports have identified a serious

shortage within the Federal Government of personnel who possess

the language skills required for their positions. This shortcoming

has been long apparent at the Department of State where reliable

aggregate data on the language capabilities of Foreign Service Officers (FSOs) is not generally available or, when available, is seriously flawed. The Department has indicated that the primary factor contributing to its inability to meet its language staffing and

proficiency goals is an overall staffing shortfall of more than 1,100

people, as identified in the Department-generated Diplomatic Hiring Report. This report precipitated the Diplomatic Hiring Initiative, a program under which 1,158 new Foreign Service Officers

will be hired over a 3-year period. However, the Committee is

acutely aware that the Diplomatic Hiring Initiative does little to

address the specific problem of language proficiency at the Department of State. Funds available for salaries should be leveraged to

provide pay incentives to FSOs who gain expertise in hard-to-learn

languages, to provide an attractive career path for linguists, to enhance the retention of FSOs with desired language skills, and to

provide ample training opportunities to FSOs willing to learn a difficult language mid-career. Funds provided for workforce retention

should also be utilized to recruit native speakers of difficult and

hard to fill languages, drawing upon the vast human resources afforded by a demographically diverse United States. Language proficiency must be one of the key criteria in the selection of FSOs.

If our diplomats truly are our ‘‘first line of defense’’ against foreign

threats to the U.S. homeland, then their ability to converse fluently

in the languages of the countries to which they are posted is critical to U.S. National security. The Committee therefore directs that

not less than 20 percent of the FSOs hired during fiscal year 2003

possess language skills of at least level 3 (General Professional) or

greater on the foreign language proficiency scale. Further, the

Committee directs that not less than 2 percent of the foreign service officers hired during fiscal year 2003 possess a proficiency level

of 2 (Limited Working) or greater in one or more of the following

difficult languages: Mandarin Chinese, Arabic, Japanese, Korean,

and Cantonese Chinese. Finally, the Committee directs the Department to develop a proposal, to be submitted to the Committees on

Appropriations by September 31, 2002, for approval, for a pay incentive package exclusively for current and future Foreign Service

Officers who have achieved level 4 (Advanced Professional) proficiency or greater in at least one of the aforementioned difficult

languages.

Continuing language education.—Language skills ensure dependents of Department of State personnel are not overwhelmed by feelings of 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.

Office of Foreign Missions.—The Committee directs that the Office of Foreign Missions (OFM) be moved out of Bureau of Diplo-
131

matic Security (DS) and placed under the Deputy Secretary of

State for Management and Resources. The Committee expects OFM

and DS to continue to coordinate closely after it has been transferred.

International conservation of sea turtles.—The Committee remains concerned with the increasing threat to sea turtles, particularly those listed under the Convention on International Trade on

Endangered Species of Wild Fauna and Flora [CITES], from incidental capture by foreign fleets, particularly in the longline fishery.

The Committee is equally concerned by the Department’s decision

to ignore Committee direction for the past 2 years. Specifically, direction stating that the Secretary of State shall, on an expedited

basis, negotiate strong, enforceable management, reporting, and

data collection measures (including economic measures) focused on

reducing incidental capture of sea turtles in commercial fisheries

under regional management agreements for living marine resources, including the Inter-American Sea Turtle Conservation

Treaty, the Inter-American Tropical Tuna Convention, the International Convention for the Conservation of Atlantic Tunas, and

the Convention on the Conservation and Management of Highly

Migratory Fish Stocks in the Western and Central Pacific Ocean

(the Multilateral High Level Conference). The Committee is concerned that no international agreements specifically addressing

turtle by-catch from longline fishing have been negotiated, and the

Department has negotiated only voluntary initiatives rather than

binding agreements to this end.

Therefore, the Committee directs the Secretary of State, in cooperation with the Secretary of Commerce, to use all appropriate

means available to broaden the participation of other nations in the

Convention on the Conservation and Management of Highly Migratory Species in the Western and Central Pacific Ocean. Of the

funding provided for the Bureau of Oceans and International Environmental and Scientific Affairs, $4,000,000 shall be available only

for negotiating, in consultation with the Department of Commerce,

a binding agreement providing for annual reductions in sea turtle

mortality in the longline fisheries of the Western and Central Pacific, that shall, by 2008, result in at least a 30 percent reduction

in takes, and thereafter result in such fisheries meeting sea turtle

take levels comparable to those achieved by the U.S. longline fleet.

Rule of law.—The Committee recognizes that there is a need for

a continuing global dialogue about the rule of law and its importance for the stability and viability of all nations. Within the

amounts provided under Diplomatic and Consular Programs,

$1,800,000 is for the Rule of Law Forum for foreign government

and non-government officials to be hosted by the Dedman School

of Law.

International trade.—Every year the State Department attempts

to pursue international trade activities that are rightfully within

the traditional domain of the Commerce Department’s International Trade Administration, particularly within the area of expertise of the United States and Foreign Commercial Service. This

continual push by the State Department to expand its jurisdiction

in this area runs counter to the wishes of the Committee which

notes the expansive and intractable foreign policy issues already
132

confronting the Department. No funding is provided for this initiative.

Secure Card Technology.—The Committee is aware that the U.S.

Embassy in Mexico City began issuing secure laser visa border

crossing cards to Mexican visitors in May, 2002. The Committee directs the Department of State, in consultation with the Immigration and Naturalization service, to report no later than February

5, 2003 on the success of this secure visa issuance program in Mexico City, and provide recommendation to the Committee regarding

the expansion of this visa issuance process to all visa types and

using the same secure card technology in U.S. foreign missions.

Fingerprint services.—In order to implement Section 113 of the

Aviation and Transportation Security Act in the most prudent

manner, the Committee directs the U.S. embassies and consulates

with fingerprinting capabilities to fingerprint aliens seeking firsttime flight training in aircraft weighing 12,500 pounds or more and

transmit those fingerprints to the Department of Justice and other

relevant agencies for the purposes of checking fingerprints against

appropriate terrorist watch-lists.

International Child Abductions.—The Committee remains concerned about the adequacy of the Department’s efforts to counter

the serious problem of international child abductions. Within 90

days of enactment of this Act, the Department is directed to submit

a report to the Committees on Appropriations which includes the

following information: the country and location and number of all

known U.S. citizens under the age of 18 who have been abducted

by a parent or relative as the result of a custody dispute and who

are being held abroad in contravention of U.S. laws or judicial orders; a summary of actions taken by the Department of State to

secure the repatriation of abducted American children; and a list

of diplomatic measures, including treaties and agreements, that

can be used to facilitate the repatriation of abducted American children.

The Committee strongly encourages the State Department to release the State Department’s report on compliance with the Hague

Convention on the International Aspects of Child Abduction (‘‘the

Hague’’). The Hague Convention, which the United States and

many of our Allies have signed, is in place to facilitate the return

of internationally abducted children to their countries of ‘‘habitual

residence’’ for custody determination. The Committee recognizes

the importance of compliance with the Hague and requests this report be sent to the Senate Appropriations Committee and the Senate Foreign Relations Committee no later than January 1, 2003.

CAPITAL INVESTMENT FUND

Appropriations, 2002 ............................................................................. $203,000,000

Budget estimate, 2003 ........................................................................... 177,000,000

Committee recommendation ................................................................. 210,000,000

This account provides resources for information and communications systems. The Committee recommends $210,000,000. The recommendation is $33,000,000 above the budget request. The Committee recommendations, by initiative, are displayed in the following table:
133

Capital investment fund

[In thousands of dollars]

Technology Infrastructure:

Modernization of world-wide IT infrastructure ........................... 164,790

OpenNet Plus ........................................................................... [36,500]

Classified Connectivity Program ............................................ [94,235]

Secure Voice Program ............................................................. [3,960]

Post High Frequency Communications ................................. [5,057]

Public Key Infrastructure ....................................................... [7,345]

Other IT Infrastructure .......................................................... [17,693]

Integrated Messaging ..................................................................... 10,404

Centrally Managed Infrastructure ................................................ 35,408

Subtotal, Technology Infrastructure ......................................... 210,602

Applications and Software Development:

Ready Access to International Affairs and Information .............. 7,835

Leveraging IT .................................................................................. 48,278

Integrated Logistics Management System (ILMS) ............... [18,878]

Regional Financial Management System (RFMS) ................ [6,597]

Integrated Personnel Management System (IPMS) ............. [11,166]

Other Applications and Software Development .................... [11,637]

Subtotal, Applications and Software Development ........... 56,113

Foreign Affairs Systems Integration (FASI) ........................................ 21,500

Project Management and Training ....................................................... 7,785

Total, IRM Central Fund ........................................................... 296,000

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

Information Technology.—The Committee commends the Department for its commitment to overhauling its Information Technology

(IT) infrastructure. Having received ample funding in fiscal year

2002 for its IT priorities, the Department is meeting the Committee’s requirement to execute certain priority programs more quickly

than originally planned. Two major initiatives, the deployment of

OpenNet Plus and the overhaul of the Department’s classified network are on-schedule and on-budget, with OpenNet Plus, scheduled

for completion in April, 2003, and the Classified Connectivity Program, scheduled for completion in early fiscal year 2004. Providing

the Department with state-of-the-art communications, data, and

knowledge management systems is, once again, one of the Committee’s top priorities for the Department of State. Full funding is

therefore provided for the IRM Central Fund, per the above chart.

The Committee expects the Department’s next major IT initiative,

replacement of the cable system with a modern, integrated messaging system, to proceed as expeditiously as have its other globalscale projects.

Enterprise architecture.—The Committee has invested hundreds

of millions of dollars to overhaul the State Department’s IT infrastructure, which had been allowed to grow outmoded and obsolete,

with a state-of-the-art IT infrastructure. The Committee remains

concerned, however, that the next time the Department faces

slowed budget growth or even budget cutbacks, it will choose to

hire more analysts and open more posts at the expense of the necessary annual investments in infrastructure. The Committee therefore directs that the Chief Information Officer of the Department
134

develop an annex to the existing IT Strategic Plan which outlines

in detail the Department’s 5-year strategy for maintaining and upgrading its existing IT infrastructure. This strategy will help ensure that the significant investments the Committee has made in

the last 2 years are not lost, and that the Department’s current IT

infrastructure is leveraged both to capitalize on these prior investments and to meet the needs of the Department. The Department

is directed to submit this annex to the Committees on Appropriations no later than February 1, 2003.

IT human capital.—The success of OpenNet Plus and the Classified Connectivity Program is due to the Department’s establishment of a permanent, professional IT planning staff within the Bureau of Information Resource Management. This staff has been

tasked with developing an enterprise architecture to address all of

the Department’s current and future technology needs. It is crucial

that the Department’s IT personnel be drawn from among the best

in their fields. The Committee therefore directs the Bureau of

Human resources, in consultation with the Chief Information Officer of the Department, to report to the Committees on Appropriations on how the Department plans to meet its short and long-term

human capital needs in the area of information technology. The report should address such issues as pay parity, specialized recruitment strategies, and preventing attrition to the private sector.

Centralized management.—The Committee supports the trend at

the Department towards the central management of information.

The Committee is aware that, at a time of heightened threat to our

overseas posts, the ability to store and manage information, particularly classified information, domestically can greatly enhance

the security of that information. The Committee accepts that the

cost of centrally managing information is higher due to the cost of

acquiring bandwidth. However, the benefits of a more robust security construct far outweigh the additional cost. One technology that

appears particularly promising is the high-assurance virtual wide

area network (WAN). This technology would allow the Department

to minimize the information stored at post and permit computer

terminals to be ‘‘sanitized’’ of sensitive information when not in

use. Of the funds made available under the IRM Central Fund for

Centrally Managed Infrastructure, $10,000,000 shall be for a pilot

project to develop a high-assurance virtual WAN architecture and

prototype in support of Department of State activities.

IT Common Platform.—The events of September 11, 2001, have

caused the Federal agencies and departments to reexamine the

way in which they communicate, particularly on matters relating

to national security. Inadequate communication and coordination

among the foreign affairs agencies, including the Department of

State, increases our vulnerability to terrorism. Since September 11,

agencies have taken steps to close the loopholes that existed with

respect to information-sharing. However, the key to better communication and coordination among these agencies does not necessarily lie in their ability to interface, but rather in the individual

department cultures that compel them to do so. Foreign affairs

agencies have the capability to share unclassified and classified information, but they are not intrinsically inclined to do so. What is

required to change these cultures is a dynamic, user-friendly portal
135

through which these agencies can, as a matter of course, share information and collaborate their efforts. The Committee supports

the continued development of the Foreign Affairs System Integration (FASI) project, sometimes referred to as the Collaboration

Zone, which is currently in the pilot phase. The Department should

henceforth provide a bimonthly status report on the progress of

this initiative to the Committees on Appropriations.

OFFICE OF INSPECTOR GENERAL

Appropriations, 2002 ............................................................................. $29,000,000

Budget estimate, 2003 ........................................................................... 29,264,000

Committee recommendation ................................................................. 29,693,000

The Committee recommends an appropriation of $29,693,000.

The recommendation is $329,000 above the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level, and a 4.1 percent pay adjustment for Federal employees.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

Appropriations, 2002 ............................................................................. $237,000,000

Budget estimate, 2003 ........................................................................... 245,306,000

Committee recommendation ................................................................. 237,771,000

The Committee recommends an appropriation of $237,771,000.

The recommendation is $7,535,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level, and a 4.1 percent pay adjustment for Federal employees.

The Committee recognizes that international education and exchange programs are critical components of U.S. National security

and foreign policy. In light of the tragic events of September 11,

2001, this type of engagement with the world is more important

than ever. International educational and exchange programs enable

the United States to augment the foreign language and foreign

area expertise of each successive generation of rising leaders, prepare U.S. students to function effectively in a global environment

through study abroad, and promote international understanding

through professional, scholarly, and citizen exchanges. The Committee recommendations for the Educational and Cultural Exchanges Account are displayed, by program, in the following table:

Cultural and Educational Exchanges

[In thousands of dollars]

Committee

recommendation

Academic Programs:

Fulbright Program:

Students, Scholars, Teachers ........................................................... 116,495

Hubert H. Humphrey Fellowship Program ..................................... 6,222

Regional Scholars Program .............................................................. 2,049

Subtotal .......................................................................................... 124,766

Other Academic Programs:

Educational Advising & Student Services ...................................... 3,500

English Language Programs ............................................................ 3,000

Edmund S. Muskie Fellowship Program ......................................... 559

North-South Center .......................................................................... 1,200
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Committee

recommendation

South Pacific Exchange .................................................................... 500

Subtotal .......................................................................................... 8,759

Other Special Academic Programs: American Overseas Research

Centers ................................................................................................... 2,415

Subtotal, Academic Programs .......................................................... 135,940

Professional & Cultural Programs:

International Visitors Program ............................................................... 50,186

Citizen Exchange Program ...................................................................... 16,572

Subtotal .............................................................................................. 66,758

Other Professional & Cultural Programs:

Mike Mansfield Fellowships Programs ................................................... 2,200

Irish Institute ........................................................................................... 500

Atlantic Corridor USA ............................................................................. 500

George Mitchell Fellowship Program ..................................................... 500

Institue for Representative Government ................................................ 540

National Forensics League for High School Debates ............................ 1,000

PSC U.S.-Pakistan Educator Development Program ............................ 1,000

Subtotal ................................................................................................. 6,140

Subtotal, Professional & Cultural ....................................................... 72,998

Exchanges Support:

Employee Compensation & Benefits ....................................................... 25,071

Program Direction & Administration ..................................................... 3,051

Federal Employee Pay Parity .................................................................. 771

Subtotal ................................................................................................. 28,833

Total, Cultural & Educational Exchanges .......................................... 237,771

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

Of the funds made available for the Council of American Overseas Research Centers, $33,000 is for a grant for research to develop a diamond fingerprinting technology that will facilitate the

monitoring of the international trade in conflict diamonds.

Seed programs.—The Committee has continued a modest program begun in fiscal year 2000 that provides one-time funding to

international exchange startups. These new programs are expected,

after their first year, to seek funding from outside sources. The

Committee will track the survival rate of new starts. The Bureau

of Educational and Cultural Exchanges is directed to provide advice and assistance to these new programs and to inform the Committee immediately of any change in their status.

REPRESENTATION ALLOWANCES

Appropriations, 2002 ............................................................................. $6,485,000

Budget estimate, 2003 ........................................................................... 9,000,000

Committee recommendation ................................................................. 6,485,000

Representation allowances provide partial reimbursement to Foreign Service officers for expenditures incurred in their official capacities abroad in establishing and maintaining relations with offi-
137

cials of foreign governments and appropriate members of local communities.

The Committee recommends an appropriation of $6,485,000. The

recommendation is $2,515,000 below the budget request.

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

Appropriations, 2002 ............................................................................. $9,400,000

Budget estimate, 2003 ........................................................................... 11,000,000

Committee recommendation ................................................................. 9,400,000

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 recommends an appropriation of $9,400,000. The

recommendation is $1,600,000 below the budget request.

The Committee directs that local jurisdictions that incur such

costs submit a certified billing for such costs in accordance with

program regulations. The Committee also recommends that in

those circumstances where a local jurisdiction will realize a financial benefit from a visit from a foreign dignitary through increased

tax revenues, 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, 2002 ............................................................................. $1,273,960,000

Budget estimate, 2003 ........................................................................... 1,305,000,000

Committee recommendation ................................................................. 1,305,000,000

This account provides the funding that allows the Department to

manage U.S. Government real property in over 200 countries worth

an estimated $12,500,000,000 and to maintain almost 14,000 residential, office, and functional properties, not only for the Department of State, but for all U.S. employees overseas. The Committee recommends an appropriation of $1,305,000,000.

The recommendation is identical to the budget request.

The Committee recommendations by project or program are displayed in the following table:

Security and maintenance of U.S. missions

[In thousands of dollars]

Committee

recommendation

Worldwide Security Upgrades:

Capital Projects ........................................................................................ 492,450

Astana, Kazakstan New Office Building (NOB) ............................. 78,400

Athens, Greece New Office Annex Building ................................... 37,600

Bamako, Mali NOB ........................................................................... 69,900

Beijing, China NOB .......................................................................... 178,800

Bridgetown, Barbados Fitout ........................................................... 31,900

Frankfurt, Germany Design and Fitout .......................................... 42,900

Panama City, Panama Design ......................................................... 22,950

Moscow, Russia Annex Design Construction .................................. 4,300

Tirana, Albania Design/Build ........................................................... 21,700

Other Site Acquisitions and Planning .................................................... 101,100
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Committee

recommendation

Compound Security .................................................................................. 150,450

Subtotal, Worldwide Security Upgrades ............................................. 740,000

Security Enhancements for U.S.-Affiliated Locales:

American Schools ..................................................................................... 7,000

Post Housing ............................................................................................. 20,000

Other Security Enhancements ................................................................ 3,000

Subtotal, Enhancements for U.S.-Affiliated Locales .......................... 30,000

Operations:

Planning and Development ..................................................................... 6,200

Real Estate and Property Management ................................................. 6,000

Project Execution ...................................................................................... 91,000

Construction Management ............................................................... 21,000

Security Management ....................................................................... 31,000

Design and Engineering ................................................................... 14,700

Energy Conservation ......................................................................... 3,900

Interiors and Furnishings ................................................................ 11,700

Program Management ...................................................................... 7,500

Seismic Program ................................................................................ 1,200

Operations and Maintenance .................................................................. 371,300

Facility Management ........................................................................ 58,000

Facilities Rehabilitation and Support System Replacement ......... 40,000

Moscow, Russia Spoede Fitout .................................................. [2,000]

Jakarta, Indonesia Chancery and GSO Rehabilitation .......... [1,736]

Fire Protection ................................................................................... 8,500

Leaseholds ......................................................................................... 150,000

Buyout of Uneconomic Leases .......................................................... 35,000

Maintenance and Repair of Buildings ............................................. 68,400

Post Communications ....................................................................... 8,000

Safety, Health, and Environmental Management .......................... 3,400

Information Management and Support .................................................. 31,000

Main State/Domestic Renovations .......................................................... 23,000

Subtotal, Operations ............................................................................. 528,500

Headquarters:

Salaries and Training .............................................................................. 6,500

Subtotal, Headquarters ........................................................................ 6,500

Embassy Security, Construction, and Maintenance Total ................ 1,305,000

Some of the Committee recommendations displayed in the table

above are described in more detail in the following paragraphs.

Vulnerability.—The 1998 embassy bombings in Kenya and Tanzania significantly changed the way we approach the security of

our facilities abroad. The June 14, 2002, attack on a church in

Islamabad, Pakistan, which U.S. citizens were widely known to attend, brought into focus a new kind of threat against our interests

abroad, specifically, threats against so called ‘‘soft targets’’. The

Committee urges the State Department to formulate a strategy for

addressing, both in the long term and in the short term, threats

to locales that are either frequented by Americans or symbolic of

the United States. The Committee is particularly concerned about

the safety of American schools abroad, and last year provided

$6,250,000 for related security enhancements. The recommendation

for fiscal year 2003 includes $30,000,000 for the Department to provide both temporary and long term security enhancements for locations that are affiliated with the U.S. by virtue of the activities and
139

individuals they accommodate. The Committee expects to be consulted by the Department prior to the release of these funds.

Buyout of uneconomic leases.—High lease costs deplete Department resources. The Committee supports efforts by the Department

to selectively acquire properties in cities with volatile rental markets, thus generating significant out-year savings. The Committee

recommendation provides $35,000,000 for opportunity purchases.

Marine Security Guard housing.—Marine Security Guards are

essential to the Department’s ability to carry out its mission overseas. In fiscal year 2002, the Department completed the final phase

of a multi-year effort, undertaken at the insistence of the Committee, to address the long-neglected capital needs of many Marine

Security Guard (MSG) housing facilities worldwide. The Committee

supports the Department’s new policy of incorporating MSG housing costs into the initial cost estimates, and thus the budget requests, for overseas construction or rehabilitation projects. The

Committee notes that MSG housing costs for fiscal year 2003 are

embedded within the capital projects account and will therefore not

constitute a separate line item in the above chart.

The Department is directed, under the terms and conditions that

follow, to submit for the Committee’s review and approval within

60 days after 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. Any

deviation shall include project-level detail and shall be treated as

a reprogramming under section 605 of this Act in the case of an

addition greater than $500,000, or as a notification in the case of

a deletion, a project cost overrun exceeding 25 percent, or a project

schedule delay exceeding 6 months. Notification 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 Department to move projects

toward contract obligation promptly after funds are appropriated.

Immediate access to funds for the projects that are unchanged from

the above chart allows the Department to negotiate contracts and

obligate funds more efficiently over the entire fiscal year.

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

Appropriations, 2002 ............................................................................. $6,500,000

Budget estimate, 2003 ........................................................................... 15,000,000

Committee recommendation ................................................................. 6,500,000

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 Committee recommends an appropriation of $6,500,000. The

recommendation is $8,500,000 below the budget request.
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REPATRIATION LOANS PROGRAM ACCOUNT

Appropriations, 2002 ............................................................................. $1,219,000

Budget estimate, 2003 ........................................................................... 1,219,000

Committee recommendation ................................................................. 1,219,000

This account provides emergency loans to assist destitute Americans abroad who have no other source of funds to return to the

United States.

The Committee recommends an appropriation of $1,219,000. The

recommendation is identical to the budget request.

Less than 20 percent of repatriation loans are ever repaid. The

Committee strongly endorses efforts by consular services 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, 2002 ............................................................................. $17,044,000

Budget estimate, 2003 ........................................................................... 18,817,000

Committee recommendation ................................................................. 17,044,000

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.

The Committee recommends an appropriation of $17,044,000.

The recommendation is $1,773,000 below the budget request.

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

Appropriations, 2002 ............................................................................. $135,629,000

Budget estimate, 2003 ........................................................................... 138,200,000

Committee recommendation ................................................................. 138,200,000

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.

The Committee recommends an appropriation of $138,200,000.

The recommendation is identical to the budget request.

INTERNATIONAL ORGANIZATIONS AND CONFERENCES

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

Appropriations, 2002 ............................................................................. $850,000,000

Budget estimate, 2003 ........................................................................... 891,378,000

Committee recommendation ................................................................. 850,000,000

This account funds payment of the obligations of U.S. membership in international organizations as authorized by treaties or specific acts of Congress.

The Committee recommends an appropriation of $850,000,000.

The recommendation is $41,378,000 below the budget request.

The Committee recommendations, by organization, are displayed

in the following table:
141

Contributions to international organizations

[In thousands of dollars]

Committee

recommendation

United Nations and affiliated agencies:

Food and Agriculture Organization .............................................. 72,741

International Atomic Energy Agency ............................................ 47,473

International Civil Aviation Organization ................................... 12,011

International Labor Organization ................................................. 50,333

International Maritime Organization ........................................... 1,209

International Telecommunications Union .................................... 5,800

United Nations—Regular ............................................................... 279,327

United Nations—War Crimes Tribunals ...................................... 7,629

Universal Postal Union .................................................................. 1,295

World Health Organization ........................................................... 93,616

World Intellectual Property Organization .................................... 823

World Meteorological Organization ............................................... 8,332

Subtotal ........................................................................................ 580,589

Inter-American organizations:

Inter-American Institute for Cooperation on Agriculture ........... 16,560

Organization of American States .................................................. 54,196

Pan American Health Organization .............................................. 55,340

Pan American Institute of Geography and History ..................... 324

Subtotal ........................................................................................ 126,420

Regional organizations:

Asia-Pacific Economic Cooperation ............................................... 601

Colombo Plan Council for Technical Cooperation ........................ 15

North Atlantic Assembly ................................................................ 563

North Atlantic Treaty Organization ............................................. 42,502

Organization for Economic Cooperation and Development ......... 49,176

South Pacific Commission .............................................................. 1,080

Subtotal ........................................................................................ 93,937

Other international organizations:

Customs Cooperation Council ........................................................ 2,703

Hague Conference on Private International Law ........................ 102

International Agency for Research on Cancer ............................. 1,649

International Bureau/Permanent Court of Arbitration ............... 18

International Bureau/Publication of Customs Tariffs ................. 84

International Bureau of Weights and Measures .......................... 764

International Copper Study Group ............................................... 54

International Cotton Advisory Committee ................................... 226

International Center for the Study of Preservation & Restoration of Cultural Property ............................................................ 748

International Hydrographic Organization .................................... 77

International Institute/Unification of Private Law ..................... 95

International Lead & Zinc Study Group ...................................... 54

International Office of Epizootics .................................................. 90

International Organization of Legal Metrology ........................... 89

International Rubber Study Group ............................................... 120

International Seed Testing Association ........................................ 7

International Tropical Timber Organization ................................ 159

International Union/Conservation of Nature and Natural Resources ......................................................................................... 247

International Grains Council ......................................................... 429

International Union/Protection of New Varieties of Plants ........ 161

Organization for the Prevention of Chemical Weapons .............. 13,769
142

Committee

recommendation

World Trade Organization/General Agreement on Tariffs and

Trade ............................................................................................ 12,826

Subtotal .................................................................................... 34,471

Potential Exchange Rate Losses ................................................... 14,583

Total, international organizations ............................................. 850,000

The Committee recommendation includes several adjustments to

this account based on policy decisions. The Committee also is

aware that exchange rate margins are moving in a direction that

is disadvantageous to the U.S. dollar. The Committee recommendation includes $14,583,000 to provide for any potential exchange

rate losses. Should use of the funds be necessary, the Committee

expects to be notified on an agency by agency basis.

Synchronization.—The Committee notes that in the early 1980’s,

the Office of Management and Budget devised a plan to pay U.S.

dues to international organizations in the last quarter of the year

in which they were due. This practice allowed the United States to

pay its annual dues to the United Nations (U.N.), its affiliate agencies, and other international organizations in each subsequent fiscal year’s budget, resulting in significantly reduced outlays for one

fiscal year. What was intended as a budget gimmick to realize a

one-time savings, however, has become standard practice. The subsequent non-synchronization of budgets has resulted in U.S. dues

frequently being paid more than a year late, which has further aggravated U.S. relations with the international community. The

United States has demanded that U.N. adopt sound, fiscally responsible budgetary practices. However, the Untied State’s own

late payment of its U.N. dues forces the United Nations to engage

in unsound budgeting practices.

The Committee directs the Secretary of State to develop a plan,

to be presented to and approved by the Committees on Appropriations, for the graduated synchronization of the United States’ and

the United Nations’ budget cycles. The Committee further directs

that the Secretary of State’s plan take a graduated approach to

synchronization, allowing the Department to designate budget authority and provide outlays necessary to synchronize the U.S. payment over a maximum of 5 years. The Committee expects this plan

to include projected budget requests for the Contributions to International Organizations account for each of the fiscal years in which

synchronization shall take place.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

Appropriations, 2002 ............................................................................. $844,139,000

Budget estimate, 2003 ........................................................................... 725,981,000

Committee recommendation ................................................................. 666,772,000

This account funds U.S. payments for contributions for international peacekeeping activities.

The Committee recommends an appropriation of $666,772,000.

The recommendation is $59,209,000 below the budget request.

The Committee recommendations by mission are displayed in the

following table:
143

Contributions for International Peacekeeping Activities

[In thousands of dollars]

U.N. Disengagement Observer Force—UNDOF ........................................... 7,683

U.N. Interim Force in Lebanon—UNIFIL ..................................................... 30,786

U.N. Iraq/Kuwait Observer Mission—UNIKOM .......................................... 4,114

U.N. Mission for the Referendum in Western Sahara—MINURSO ........... 10,830

U.N. Mission in Kosovo—UNMIK .................................................................. 88,661

U.N. Peacekeeping Force in Cyprus—UNFICYP .......................................... 4,793

U.N. Observer Mission in Georgia—UNOMIG ............................................. 5,985

War Crimes Tribunal—YUGOSLAVIA .......................................................... 13,461

War Crimes Tribunal—RWANDA .................................................................. 11,113

U.N. Mission in Sierra Leone—UNAMSIL ................................................... 133,912

U.N. Transitional Administration in East Timor—UNTAET ...................... 53,432

U.N. Operation in the Democratic Republic of the Congo—MONUC ......... 250,942

U.N. Mission in Ethiopia and Eritrea—UNMEE .......................................... 51,060

Subtotal ................................................................................................. 666,772

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2003.

Democratic Republic of Congo.—The Committee recommendation

provides the full authorized amount for the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC).

Prior to the release of these funds, the Department of State must

certify to the Committees on Appropriations that the following conditions have been met. First, firm benchmarks for what constitutes

a successful mission must be determined, articulated, and followed.

Second, the security of DROC’s neighbors must be factored in to all

of MONUC’s strategic and contingency planning, and must be

heavily considered in the negotiation of a final political settlement.

Third, the United Nations must construct an arrangement for the

withdrawal of foreign forces from the DROC that, to the greatest

degree possible, does not destabilize DROC’s neighbors. Fourth,

contingency plans must be developed and implemented for the safe

withdrawal of peacekeepers in the event of a resumption of hostilities.

Sierra Leone.—The Committee is encouraged by the May, 2002

national elections in Sierra Leone, which were conducted in a credible and peaceful manner. The elections underscored that the people of Sierra Leone do not wish the Revolutionary United Front, a

rebel group notorious for its use of forced amputations to terrorize

local populations, to have a role in the future governance of their

country. As previously inaccessible areas of Sierra Leone become

accessible due to the completion of disarmament, demobilization,

and reintegration (DDR), more evidence of atrocities committed

during the conflict will come to light. The Committee strongly supports the work of the Special Court for Sierra Leone, the purpose

of which is to prosecute those who bear the greatest responsibility

for serious violations of international humanitarian law, crimes

against humanity, and some Sierra Leonean criminal laws, perpetrated during the course of the conflict in Sierra Leone since

1996. The Committee notes that the Special Court will face the momentous challenge of prosecuting a disproportionately high number

of crimes involving sexual violence and crimes against children.

The Committee directs the Department of State to consider ways

it can support, and encourage international and private organizations to undertake, new efforts to prevent, respond to, and document sexual violence in African countries, including Sierra Leone,
144

Guinea, Liberia, Ivory Coast, and the Democratic Republic of

Congo.

Three important goals remain for the U.N. Peacekeeping Mission

to Sierra Leone (UNAMSIL): the extension of state authority, the

reintegration of ex-combatants, and full restoration of the government’s control over diamond mining. It is imperative that the international community and the UN safeguard the progress made in

Sierra Leone by remaining engaged until all of the objectives are

met. The recommendation therefore provides the full authorized

amount for UNAMSIL. The Committee supports the adjustments to

the current strength, composition, and deployment of UNAMSIL

troops based on recent changes and anticipated further changes in

the security situation in Sierra Leone.

East Timor.—The Committee is encouraged by reports of improved relations between the newly-independent East Timor and

Indonesia. Despite progress towards a peaceful, constructive relationship between the two nations, East Timor is not yet ready to

stand entirely on its own. The fledgling nation is still in the beginning stages of establishing a criminal justice system, basic social

services, and professional police and defense forces. The Committee

therefore supports the continued presence of the U.N. Transitional

Administration in East Timor (UNTAET) at the levels deemed prudent by the UN Secretary General.

Twenty-Five Percent Cap.—Funding is provided to meet fully

U.S. assessments to UN peacekeeping operations at a level that is

consistent with the current legislative cap of 25 percent imposed by

section 404 of the Foreign Relations Authorization Act, fiscal years

1994 and 1995. When legislation is enacted to lift or modify this

restriction, the Committee will consider through the regular reprogramming process a request by the Department to reallocate

funding. This reprogramming would permit the United States to

meet its full assessment obligations.

INTERNATIONAL COMMISSIONS

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $24,705,000

Budget estimate, 2003 ........................................................................... 27,404,000

Committee recommendation ................................................................. 25,155,000

The Committee recommends an appropriation of $25,155,000.

The recommendation is $2,249,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level, and a 4.1 percent pay adjustment for Federal employees.

The Committee recommendations are displayed in the following

table:

International Boundary & Water Commission Salaries and Expenses

[In thousands of dollars]

Administration ....................................................................................... 5,375

Engineering ............................................................................................ 2,131

Operations and maintenance ................................................................ 17,199

Federal employee pay parity ................................................................. 450
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CONSTRUCTION

Appropriations, 2002 ............................................................................. $5,450,000

Budget estimate, 2003 ........................................................................... 9,401,000

Committee recommendation ................................................................. 5,488,000

The Committee recommends an appropriation of $5,488,000. The

recommendation is $3,913,000 below the budget request.

The Committee recommendations, by project, are displayed in

the following table:

International Boundary & Water Commission Construction

[In thousands of dollars]

Committee

recommendation

Boundary-wide construction:

Facilities renovation construction ................................................. 656

Heavy equipment replacement ...................................................... 500

Land mobile radio systems replacement ...................................... 594

Hydrological data collection system rehabilitation ...................... 500

Subtotal, boundary-wide construction ....................................... 2,250

Rio Grande construction:

Rio Grande American Canal extension ......................................... 250

Rio Grande canalization continuation .......................................... 800

Rio Grande flood control system rehabilitation ........................... 1,150

Safety of dams rehabilitation ........................................................ 1,000

Subtotal, Rio Grande construction ............................................ 3,200

Federal employee pay parity ......................................................... 38

Total ............................................................................................. 5,488

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2003.

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

Appropriations, 2002 ............................................................................. $9,911,000

Budget estimate, 2003 ........................................................................... 10,682,000

Committee recommendation ................................................................. 10,009,000

This account funds the U.S. share of expenses of the International Boundary Commission [IBC], the International Joint Commission [IJC], and the Border Environment Cooperation Commission [BECC].

The Committee recommends an appropriation of $10,009,000.

The recommendation is $673,000 below the budget request.

The Committee recommendations, by commission, are displayed

in the following table:

American Sections, International Commissions

[In thousands of dollars]

Committee

recommendation

International Boundary Commission:

Commission operations .................................................................. 514

Maine-Quebec project ..................................................................... 118

Washington-British Columbia ....................................................... 234
146

Committee

recommendation

Montana-Alberta, British Columbia ............................................. 143

Subtotal, IBC ............................................................................... 1,009

International Joint Commission:

United States Section ..................................................................... 6,440

U.S. Geological Survey ................................................................... 534

Subtotal, IJC ............................................................................... 6,960

Border Environment Cooperation Commission:

Studies & investigations/solid waste projects .............................. 320

All other operations ........................................................................ 1,720

Subtotal, BECC ........................................................................... 2,040

Total, American sections ............................................................ 10,009

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2003.

INTERNATIONAL FISHERIES COMMISSIONS

Appropriations, 2002 ............................................................................. $20,480,000

Budget estimate, 2003 ........................................................................... 19,780,000

Committee recommendation ................................................................. 20,480,000

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.

The Committee recommends an appropriation of $20,480,000.

The recommendation is $700,000 above the budget request.

The Committee recommendations, by commission, organization,

or council, are displayed in the following table:

International Fisheries Commissions

[In thousands of dollars]

Committee

recommendation

Inter-American Tropical Tuna Commission .................................................. 1,950

Great Lakes Fishery Commission .................................................................. 13,248

Pacific Salmon Commission ............................................................................ 2,193

International Pacific Halibut Commission .................................................... 2,100

International Whaling Commission ............................................................... 90

North Pacific Anadromous Fish Commission ................................................ 99

Int’l Commission/Conservation of Atlantic Tunas ........................................ 121

Northwest Atlantic Fisheries Organization .................................................. 146

Commission for the Conservation of Antarctic Marine Living Resources .................................................................................................................. 70

North Atlantic Salmon Conservation Organization ...................................... 27

Int’l Council for the Exploration of the Seas ................................................. 120

North Pacific Marine Science Organization .................................................. 66

Inter-American Sea Turtle Convention Commission .................................... 150

Expenses of the U.S. Commissioners ............................................................. 100

Total ....................................................................................................... 20,480

The Committee expects to be consulted prior to any deviation

from the above plan for fiscal year 2003.
147

Of the amount provided for the Great Lakes Fishery Commission

[GLFC], not less than $300,000 shall be used to treat Lake Champlain with lampricide and lampricide alternative. The GLFC is directed to give priority to States that have provided matching grants

when distributing lampricide funds.

OTHER

PAYMENT TO THE ASIA FOUNDATION

Appropriations, 2002 ............................................................................. $9,250,000

Budget estimate, 2003 ........................................................................... 9,444,000

Committee recommendation ................................................................. 10,250,000

The Committee recommends an appropriation of $10,250,000.

The recommendation is $806,000 above the budget request.

The Asia Foundation plays a complimentary role in advancing

U.S. foreign policy interests in Asia and the Pacific through grants,

services, and exchange programs. The Committee supports the

Foundation’s efforts to reestablish its program and presence in Afghanistan, which was in existence from 1954 until the Soviet invasion in 1979. The Committee encourages the Foundation to use its

expertise in developing programs to encourage women’s political

participation in the Asia-Pacific region in Afghanistan.

Within the funds provided, $1,000,000 is to support the Asia

Foundation’s work in Nepal aimed at strengthening the performance of district courts and building dispute resolution mechanisms

in the local communities. A comprehensive research study carried

out last year confirmed that there are severe weaknesses in the

Nepalese court system. The additional funding provided will allow

the Asia Foundation to expand its current training to include

judges, prosecutors, and court personnel throughout Nepal. Also,

additional funding will allow the Asia Foundation to provide the

technical support, training, awareness programs, and assistance in

building local capacity necessary to building effective dispute resolution mechanisms at the local level.

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

Appropriations, 2002 ............................................................................. $500,000

Budget estimate, 2003 ........................................................................... 500,000

Committee recommendation ................................................................. 500,000

The Committee recommends an appropriation of $500,000 for 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

equal to the budget request.

The Eisenhower Exchange Fellowship Act of 1990 authorized a

permanent endowment for the Eisenhower Exchange Fellowship

Program. The act established the Eisenhower Exchange Fellowship

Program Trust Fund in the U.S. Treasury for these purposes. A

total of $7,500,000 has been provided to establish a permanent endowment for the program, from which interest and earnings in the

fund are appropriated to Eisenhower Exchange Fellowships, Inc.
148

ISRAELI-ARAB SCHOLARSHIP PROGRAM

Appropriations, 2002 ............................................................................. $375,000

Budget estimate, 2003 ........................................................................... 375,000

Committee recommendation ................................................................. 375,000

The Committee recommends an appropriation of interest and

earnings for the Israeli-Arab Scholarship Endowment Fund estimated to be $375,000. The recommendation is equal to the budget

request.

A permanent endowment of $4,978,500 was established in fiscal

year 1992 with funds made available under section 556(b) of the

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990, as amended. The income from the endowment is to be used for a program of scholarships for Israeli-Arabs

to attend institutions of higher education in the United States.

EAST-WEST CENTER

Appropriations, 2002 ............................................................................. $14,000,000

Budget estimate, 2003 ........................................................................... 14,280,000

Committee recommendation ................................................................. 18,000,000

The Committee recommends an appropriation of $18,000,000.

The recommendation is $3,620,000 above the request.

Of the funding provided, the Committee recommends $2,500,000

for renovation of existing East West Center facilities which are

more than 40 years old. The funding provided will be used to upgrade the facilities to make them compliant with current safety

standards and to improve telecommunications services.

NATIONAL ENDOWMENT FOR DEMOCRACY

Appropriations, 2002 ............................................................................. $33,500,000

Budget estimate, 2003 ........................................................................... 36,000,000

Committee recommendation ................................................................. 46,500,000

The Committee recommends an appropriation of $46,500,000.

The recommendation is $10,500,000 above the budget request.

The National Endowment for Democracy (NED) is a private nonprofit 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 new war against terrorism.

This Committee recommendation responds to the immediate

threat of terrorism by taking steps to provide for the security of the

U.S. homeland. However, the threat of terrorism also requires a

long term response which addresses the root causes of terrorism.

This can be accomplished by helping to establish democracies

throughout the Middle East, Africa, South and Central Asia, and

other regions where terrorism has flourished over the last decade.

Building democracies helps sever the link between terror and tyranny which, unfortunately, have become commonplace in these regions.
149

NED already has established a network of Muslim organizations

and professionals in these regions that work to promote democracy

from within the Islamic tradition. The Committee believes that

NED’s existing networks in these regions can be used to further

the larger objectives of the war against terror. The recommendation

therefore includes funding above the requested level for NED to expand its work with political leaders, legislators, and political parties in Muslim countries, and to capitalize on new opportunities to

expand outreach and develop and promote contacts. The Committee recommendation includes $7,000,000 above current funding levels for programs that support the development of

effective ties with modernist Muslim groups, programs that are developing pro-democracy networks, independent journalists, and

women’s business organizations.

The Muslim world consists of more than 1 billion people and

stretches some 10,000 miles from Morocco to Indonesia. Only by establishing democracies in those countries of the Middle East, Africa, South and Central Asia, and other regions that support terrorists can we permanently stop terrorism. It is in these Muslim countries or regions that terrorist recruits are found among the disadvantaged. Muslim countries face four challenges. The first is to

end repression, permit freedom of expression, and introduce genuine political parties. The second is to modernize their economy,

with the goal of reducing poverty and inequality so that young people can have hope and opportunity. The third is to control corruption and establish a genuine rule of law. And the fourth is to end

the political abuse of religion and reconcile Islam with modern concepts of citizenship and individual rights. The Committee therefore

recommends increases for NED programs in Muslim-populated

countries, as reflected in the following table:

[In thousands of dollars]

Committee

recommendation

Africa ................................................................................................................ 6,341

Asia ................................................................................................................... 7,182

Middle East ...................................................................................................... 8,605

Central Asia/Afghanistan ................................................................................ 2,000

Central and Eastern Europe ........................................................................... 2,180

Newly Independent States .............................................................................. 5,540

Latin American/Caribbean .............................................................................. 5,737

Multiregional .................................................................................................... 3,280

Democratic Activities ....................................................................................... 1,272

Administration ................................................................................................. 4,363

Total ....................................................................................................... 46,500

The Committee expects that the funding for these increased activities be distributed through NED’s four core institutes in the

same manner as NED’s core budget.

Africa.—The Committee recognizes that funding constraints have

limited the success of NED in the Democratic Republic of Congo,

Sierra Leone, Sudan, and Nigeria. Therefore, $1,000,000 above current funding levels is provided for NED to increase its support for

independent women’s cultural and human rights organizations in

these countries.

Asia.—Of the funding provided for Asia, the Committee recommendation includes $1,500,000 above the request for enhanced
150

programs in The Peoples Republic of China including Tibet,

Burma, and North Korea.

Middle East.—Of the funding provided for NED programs in the

Middle East, the Committee recommendation includes an increase

of $1,000,000 above current funding levels to expand a women’s

rights and democracy training program for Lebanon’s Shiite female

educators, students, and mothers.

Afghanistan.—The Committee recommends $2,000,000 for NED

to establish a program for women’s rights in Afghanistan.

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

Appropriations, 2002 ............................................................................. $437,434,000

Budget estimate, 2003 ........................................................................... 467,898,000

Committee recommendation ................................................................. 441,456,000

This account funds the operating and engineering costs of Voice

of America [VOA], Radio Free Europe/Radio Liberty [RFE/RL],

Radio Free Asia [RFA], Worldnet Television, and the Broadcasting

Board of Governors [BBG].

The Committee recommends an appropriation of $441,456,000.

The recommendation is $26,442,000 below the budget request.

The Committee recommendation includes the fiscal year 2002

funding level, and a 4.1 percent pay raise for Federal employees.

Of the funds provided, no more than $17,757,000 shall be used for

Agency Direction.

The Committee directs the Broadcasting Board of Governors to

submit a spending plan for the entire amount of its fiscal year 2003

appropriation within 60 days of the date of enactment of this Act

through the normal reprogramming process.

Shifting requirements.—The Committee commends Radio Free

Europe/Radio Liberty (RFE/RL) for developing programming in

Avar, Chechen, and Circassian and for expanding broadcasting to

the Northern Causasus. The Committee recognizes the continuing

importance of reaching the isolated minorities of the Northern

Caucasus in their native languages. The Chechen crisis is ongoing

and there is still a great need in this region for objective, uncensored information. Within the funding provided for RFE/RL, not

less than $2,400,000 shall be for the North Caucasus Unit.

The Committee recommendation includes $1,157,000 for Radio

Free Asia to continue daily Uyghur broadcasts. Radio Free Asia’s

Uyghur broadcasts are proving successful in northwest China in

spite of top level officials efforts to erect ‘‘a steel wall’’ against ‘‘hostile radio stations from abroad.’’

Africa Broadcasting.—Africa continues to dwarf the rest of the

world in how the region has been affected by AIDS. Radio broadcasting is an underutilized tool in the fight against the African

AIDS epidemic. Its accessibility to even the most impoverished

communities make it an ideal way to transmit information about

the disease. Radio broadcasts could be a major component of sustained prevention efforts undertaken by the governments of many

African countries, humanitarian organizations, and U.S. assistance
151

programs. The recommendation includes $11,000,000 for Voice of

America’s Africa Division for broadcasting to Africa. The Committee directs VOA to incorporate AIDS education into its regular

programming. VOA is directed to report to the Committee on its

progress no later than 90 days after enactment of this Act.

Of the funds made available for Voice of America, $8,579,000 is

for the Middle East Radio Network.

Security of RFE/RL headquarters.—The Committee is aware

that RFE/RL and the government of the Czech Republic have jointly developed a preliminary plan to relocate RFE/RL headquarters

from St. Wenceslas Square in Prague, the Czech Republic, to a new

and safer location. The Committee expects to be consulted on all

decisions concerning capital construction, particularly those that

are security-driven. RFE/RL is directed to report to the Committee

on all aspects of the relocation currently being considered. The

Committee expects this report to consider whether it would be desirable, from both a security and an economic perspective, to move

RFE/RL headquarters to a location outside of the Czech Republic.

Security of worldwide broadcasting facilities.—In the post-September 11 environment, the broadcasting services no longer have

the luxury of ignoring the security of their personnel and facilities.

The Broadcasting Board of Governors is therefore directed to develop, in consultation with the Department of State and other relevant U.S. agencies, a 5-year capital worldwide security plan. The

plan shall be transmitted to the Committees on Appropriations no

later than March 15, 2003.

Within the funding made available for Radio Free Asia, no less

than $2,898,000 is for the Korea Service.

BROADCASTING TO CUBA

Appropriations, 2002 ............................................................................. $24,872,000

Budget estimate, 2003 ........................................................................... 25,362,000

Committee recommendation ................................................................. 24,996,000

This account funds the operating and engineering costs of Radio

and Television Marti.

The Committee recommends an appropriation of $24,996,000.

The recommendation includes the fiscal year 2002 funding level,

and a 4.1 percent pay raise for Federal employees.

BROADCASTING CAPITAL IMPROVEMENTS

Appropriations, 2002 ............................................................................. $25,900,000

Budget estimate, 2003 ........................................................................... 13,740,000

Committee recommendation ................................................................. 13,740,000

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 recommends an appropriation of $13,740,000.

The recommendation is identical to the budget request.

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCIES

The Committee recommends the following general provisions:
152

Section 401 permits funds appropriated in this act for the Department of State to be available for allowances and differentials,

services, and hire of passenger transportation.

Section 402 permits up to 5 percent of any appropriation made

available in the bill for the Department of State and the U.S. Information Agency to be transferred between their respective appropriations. The language also provides that no appropriation shall

be decreased by more than 5 percent or increased by more than 10

percent by any such transfer. In addition, the language provides

that any transfer pursuant to this subsection shall be treated as a

reprogramming of funds under section 605 of the accompanying bill

and shall not be available for obligation or expenditure except in

compliance with the procedures set forth in that section.

Section 403 prohibits the use of Department of State funds to

support the Palestinian Broadcasting Corp.

Section 404 requires that a consulate or diplomatic facility in Jerusalem be under the supervision of the U.S. Ambassador to Israel.

Section 405 requires government publications to list Jerusalem

as the capital of Israel.

Section 406 allows Israel to be recorded as the place of birth on

registrations of birth, certifications of nationality, and passport applications for U.S. citizens born in Jerusalem.
(153)

TITLE V—RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

MARITIME ADMINISTRATION

Appropriations, 2002 ............................................................................. $224,732,000

Budget estimate, 2003 ........................................................................... 207,120,000

Committee recommendation ................................................................. 225,166,000

The Maritime Administration [MarAd] in the Department of

Transportation is responsible for administering several programs

for the maritime industry relating to U.S. foreign and domestic

commerce and for national defense purposes.

The Committee recommends a total appropriation of

$225,166,000, which is $18,046,000 above the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level and a 4.1 percent pay adjustment for Federal employees. The

Committee’s recommendations for specific accounts are described

below.

MARITIME SECURITY PROGRAM

Appropriations, 2002 ............................................................................. $98,700,000

Budget estimate, 2003 ........................................................................... 98,700,000

Committee recommendation ................................................................. 98,700,000

The Committee recommends an appropriation of $98,700,000.

The recommendation is identical to the budget request.

The Maritime Security program maintains a U.S.-flag merchant

fleet crewed by U.S. citizens who serve both the commercial and

national security needs of the United States. The Committee’s recommendation fully funds the 47 ships authorized to participate in

this program.

OPERATIONS AND TRAINING

Appropriations, 2002 ............................................................................. $89,054,000

Budget estimate, 2003 ........................................................................... 93,133,000

Committee recommendation ................................................................. 89,488,000

The Committee recommends an appropriation of $89,488,000. The recommendation is $3,645,000 below the budget request.

This account funds operations of the Maritime Administration

[MarAd], the U.S. Merchant Marine Academy, and provides grants

to State maritime academies.

The recommendation includes $49,713,000 for the U.S. Merchant

Marine Academy and $7,563,000 for the State maritime schools.

Within the amounts provided for the U.S. Merchant Marine Academy, $13,000,000 is included to reduce the maintenance and repair

backlog at the Academy, and to begin to make needed capital improvements. Within the amounts for State maritime schools,

$1,200,000 is for student incentive payments, $1,200,000 is for di-
154

rect scholarship payments, and $5,163,000 is for schoolship

maintanence and repair. The Committee notes that MarAd anticipates using $2,000,000 in Ready Reserve funds to support the

schoolship maintenance and repair program.

MARITIME GUARANTEED LOAN PROGRAM

Appropriations, 2002 ............................................................................. $36,978,000

Budget estimate, 2003 ........................................................................... 4,126,000

Committee recommendation ................................................................. 36,978,000

The Committee recommends an appropriation of $36,978,000. The recommendation includes $4,126,000 for administrative expenses. The recommendation is $32,852,000 above the budget request.

The Maritime Guaranteed Loan Program (title XI) provides subsidies for guaranteed loans for purchasers of vessels built in U.S.

shipyards and includes the guarantee for facilities or equipment

pertaining to marine operations related to any of those vessels.

The Committee is concerned that the Administration did not request a title XI subsidy for fiscal year 2002. Projects currently

under consideration, and many future maritime projects would be

in jeopardy under this proposal. The recommended subsidy

amount, when combined with $10,000,000 in anticipated carryover

balances, should provide sufficient funding to cover expected outyear requirements.

SHIP DISPOSAL PROGRAM

Appropriations, 2002 ............................................................................. ...........................

Budget estimate, 2003 ........................................................................... $11,161,000

Committee recommendation ................................................................. ...........................

The Committee does not recommend an appropriation for the Ship Disposal Program. The recommendation is $11,161,000 below

the budget request.

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $489,000

Budget estimate, 2003 ........................................................................... 499,000

Committee recommendation ................................................................. 499,000

The Committee recommends an appropriation of $499,000. This

amount is identical to the budget request and includes a 4.1 pay

adjustment. 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.

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.

Revolutionary War heroes.—The Committee supports the Commission’s preliminary survey (phase I) of sites abroad associated

with the lives and deeds of foreign-born heroes of the American

Revolution. The Commission has identified at least 31 Revolutionary period heroes that are, or should be, commemorated abroad
155

that qualify for site assessment (phase II). Phase II will involve: (1)

collection of first hand information at foreign commemorative sites,

(2) formulation of recommendations regarding necessary repairs to,

or expansion of, existing monuments, rewriting of commemorative

inscriptions, and placement of new commemorative markers or

monuments, and (3) dissemination of information on commemorative sites to American citizens and foreign governments and organizations. The Committee recommendation includes $160,000 to conduct phase II. The Committee looks forward to receiving a report

on the completion of phase II at the earliest convenience of the

Commission.

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $9,096,000

Budget estimate, 2003 ........................................................................... 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 identical to the budget request. The Committee

recommendation includes the fiscal year 2002 funding level and a

4.1 percent pay adjustment to the degree resources are available.

The Committee recommends bill language which provides: (1)

$50,000 to employ consultants; (2) a prohibition against reimbursing commissioners for more than 75 billable days; (3) a prohibition

against reimbursing the chairperson for more than 125 billable

days; and (4) a limitation of four full-time positions under schedule

C of the Excepted Service exclusive of one special assistant for each

Commissioner.

COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

Appropriations, 2002 ............................................................................. $3,000,000

Budget estimate, 2003 ........................................................................... 3,000,000

Committee recommendation ................................................................. 3,000,000

The Committee recommends an appropriation of $3,000,000. The

recommendation is identical to the budget request. The Committee

recommendation includes the fiscal year 2002 funding level and a

4.1 percent pay adjustment to the degree resources are available.

COMMISSION ON OCEAN POLICY

Appropriations, 2002 ............................................................................. $3,000,000

Budget estimate, 2003 ........................................................................... ...........................

Committee recommendation ................................................................. 3,000,000

The Committee recommends an appropriation of $3,000,000 for

the Commission on Ocean Policy. The recommendation is

$3,000,000 above the budget request. The Committee recommendation includes the fiscal year 2002 funding level and a 4.1 percent

pay adjustment to the degree resources are available. Legislation

directing the President to establish a Commission on Ocean Policy,

as the successor to the objective, science-based 1966 Stratton Commission passed during the 106th Congress. To date $7,500,000 has

been appropriated for the Commission.
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COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $1,499,000

Budget estimate, 2003 ........................................................................... 1,607,000

Committee recommendation ................................................................. 1,550,000

The Committee recommends an appropriation of $1,550,000. The

recommendation is $51,000 above the budget request. The Committee recommendation includes the fiscal year 2002 funding level

and a 4.1 percent pay adjustment to the degree resources are available.

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, 2002 ............................................................................. $1,000,000

Budget estimate, 2003 ........................................................................... 1,700,000

Committee recommendation ................................................................. 1,000,000

The Committee recommends an appropriation of $1,000,000. The

recommendation is $700,000 below the budget request. The Committee recommendation includes the fiscal year 2002 funding level

and a 4.1 percent pay adjustment to the degree resources are available.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $310,406,000

Budget estimate, 2003 ........................................................................... 308,822,000

Committee recommendation ................................................................. 317,206,000

The Committee recommends an appropriation of $317,206,000.

The recommendation is $6,800,000 above the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level and a 4.1 percent pay adjustment to the degree resources are

available.

The Committee recommendation includes $33,000,000 to fund

fair employment practices agencies. This should permit the EEOC

to increase the contract rate for cases closed to $500. In order to

ensure the EEOC understands the importance the Committee

places on the work of State and local fair employment practices

agencies, bill language is included to direct the agency to increase

funding for the charge rate paid to these agencies.

The Committee expects the agency to use its anticipated fiscal

year 2002 carryover funds and the remainder not used for the

above purposes to modernize its computer systems.
157

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $245,071,000

Budget estimate, 2003 ........................................................................... 268,327,000

Committee recommendation ................................................................. 246,971,000

The Committee recommends a total of $246,971,000 for the salaries and expenses of the Federal Communications Commission

[FCC], of which the entire amount is to be derived from collection

of existing fees. The recommendation is $21,356,000 below the

budget request. The Committee recommendation includes the fiscal

year 2002 funding level and a 4.1 percent pay adjustment to the

degree resources are available. The Committee supports an increase for the FCC’s Information Technology requirements and initiatives. This funding will provide for continued support and critical improvements for existing systems, and will ensure compliance

with government-wide standards pertaining to system security, accessibility and financial management. The funding will impact on

all five key FCC activities, which includes licensing, competition,

enforcement, consumer information, and spectrum management.

The FCC is an independent agency charged with regulating

interstate and foreign communications, including radio, television,

wire, wireless, cable, and satellite. The FCC’s primary mission is

to promote competition, innovation, and deregulation in the communications industry.

Broadcast television standards.—The Committee is concerned

about the declining standards of broadcast television and the impact this decline is having on America’s children. An analysis of all

prime-time programming has found that overall sexual content,

foul language and violence have tripled over the past decade. In

December 1999, the FCC issued a notice of inquiry regarding the

public interest obligations of broadcasters during and after the

transition to digital transmission. 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.

The Committee is aware that excess section 9 regulatory fees

exist. The Committee recommends that the FCC have access to any

of these fees in fiscal year 2003 to be used for the 4.1 percent pay

adjustment for Federal employees, without further action.

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $16,458,000

Budget estimate, 2003 ........................................................................... 17,440,000

Committee recommendation ................................................................. 16,484,000

The Committee recommends an appropriation of $16,484,000.

The recommendation is $956,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level and a 4.1 percent pay adjustment to the degree resources are

available.
158

The Federal Maritime Commission is an independent regulatory

agency charged with administering several laws relating to the waterborne domestic and foreign offshore commerce of the United

States.

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $155,982,000

Budget estimate, 2003 ........................................................................... 171,599,000

Committee recommendation ................................................................. 159,148,000

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 Committee recommends an appropriation of $159,148,000.

The recommendation is $12,451,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level and a 4.1 percent pay adjustment. The Committee recommendation for fiscal year 2003 provides funding for a total of

1,074 full time equivalents. The recommendation provides requested increases to pay non-personnel services, and space costs,

and does not provide for increased costs of the Consumer Response

Center. The recommended program level will be partially offset by

fees assessed on Hart-Scott-Rodino Act premerger notification filings as authorized by section 605 of Public Law 101–162.

Child Protection.—The FTC released a report 2 years ago that

was very critical of the entertainment industry and their persistent

and calculated marketing of violent games, movies, and music to

children. In response to this report the entertainment industry has

promised to place tougher regulations on itself and voluntarily comply with the report’s recommendations. The Committee believes

that the FTC should continue and expand its efforts in this area

and directs the Commission to continue to engage in consumer research and workshops, underage shopper-retail compliance surveys,

and marketing data collection.

Competition.—The FTC’s Maintaining Competition Mission is

aimed at fostering and preserving our competitive market. The goal

of the competition mission is to prevent anticompetitive business

practices in the marketplace. The mission works to accomplish this

goal by identifying and stopping anticompetitive mergers, and by

preventing consumer injury through education. Mergers that are

anticompetitive can drive up consumer prices by millions of dollars

every year and can significantly diminish output, product quality,

innovation, and consumer choice. To identify anticompetitive mergers, the FTC relies primarily on the premerger notification required

by the Hart-Scott-Rodino Act. To distinguish between mergers that

threaten free markets and those likely to promote them, the FTC

uses sophisticated economic analysis and thorough factual investigation.
159

Consumer Protection.—The FTC is charged with eliminating unfair or deceptive acts or practices affecting commerce. The goal of

the consumer protection mission is to prevent fraud, deception, and

unfair business practices in the marketplace. The mission works to

accomplish this goal by identifying fraud, deception and unfair

practices that cause the greatest consumer injury, by stopping

these actions through law enforcement, and by preventing consumer injury through education. Staff in the FTC’s eight regions

support the consumer protection mission by bringing a wide variety

of consumer protection cases in various programs and acting as

contacts for State Attorneys General and other State and local consumer protection officials.

Internet.—The FTC is charged with monitoring compliance with

the Children’s Online Privacy Protection Act. The Committee’s recommendation ensures the agency is adequately prepared to meet

the challenges of increased fraud on the Internet and the agency’s

recognition that Internet fraud is an international phenomenon

since the Internet has no borders.

Fleet Card Programs.—The Committee urges the Federal Trade

Commission to conduct a study to determine if uncompetitive or

unfair practices or practices which tend to restrain trade are used

by companies which provide commercial trucking fleet card programs, and the effects of these practices on the truck stop industry.

The Committee expects a report on this study within 180 days of

enactment of this Act.

Telephone Consumer Fraud and Abuse Prevention.—The Committee does not recommend use of fees for the Telephone Consumer

Fraud initiative. To date, the FTC has not approved use of fees for

this program. The Committee encourages the FTC to submit a

spend plan on this initiative after such approval has been granted.

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

Appropriations, 2002 ............................................................................. $329,300,000

Budget estimate, 2003 ........................................................................... 329,300,000

Committee recommendation ................................................................. 329,397,000

The Committee recommends an appropriation of $329,397,000. The recommendation is $97,000 above the budget request and includes funds for a 4.1 pay adjustment. The Committee recommendation includes $310,000,000 for basic field programs, to be

used for competitively awarded grants and contracts, $13,300,000

for management and administration, $3,400,000 is for client selfhelp and information technology, and $2,600,000 for the Office of

the Inspector General.

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) redis-
160

tricting; (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 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, 2002 ............................................................................. $1,957,000

Budget estimate, 2003 ........................................................................... 1,856,000

Committee recommendation ................................................................. 2,050,000

The recommendation provides $2,050,000 for the Marine Mammal Commission in fiscal year 2003. The recommendation is

$53,000 above the budget request and includes a 4.1 percent pay

adjustment.

The Committee has long been aware that noise pollution in the

world’s oceans has a deleterious effect on the health and safety of

marine mammals. The Committee recommendation includes

$4,000,000 to be transferred from the Small Business Administration to the Marine Mammal Commission to conduct original research or to fund grants designed to determine the actual near-,

medium-, and long-term effects of low, medium, and high frequency

sounds on the health and safety of marine mammals, focusing on

the most endangered species first. The amount provided is also intended to fund an international conference, or series of conferences,

to share findings, survey acoustic ‘‘threats’’ to marine mammals,

and develop means of reducing those threats while maintaining the

oceans as the global highway of international commerce.

NATIONAL VETERANS’ BUSINESS DEVELOPMENT CORPORATION

Appropriations, 2002 ............................................................................. $4,000,000

Budget estimate, 2003 ........................................................................... 2,000,000

Committee recommendation ................................................................. 2,000,000

The Committee recommends an appropriation of $2,000,000. The

recommendation is identical to the budget request. The Committee

recommendation includes funds for a 4.1 pay adjustment to the degree resources are available. The National Veterans’ Business Development Corporation was authorized by Public Law 106–50.

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $458,605,000

Budget estimate, 2003 ........................................................................... 466,900,000

Committee recommendation ................................................................. 750,504,000

The strength of the American economy is dependent upon investors’ confidence in the financial disclosures and statements released
161

by publicly traded companies. The public must receive full and

transparent information regarding the financial status of publicly

traded companies so that limited dollars are invested efficiently, for

the good of the private investor, as well as the company. Unfortunately, the recent accounting scandals related to Enron and

Worldcom have severely shaken the public’s faith in this country’s

financial markets. The Securities and Exchange Commission

[SEC], an independent agency, was created to administer many of

the Nation’s laws regulating the areas of securities and finance,

and to act on behalf of the public to prevent fraud and misrepresentation in securities transactions. For whatever reasons, it appears that the SEC has been less than successful at fulfilling parts

of its mission.

The Committee recommendation provides total budget (obligational) authority of $750,504,000. The recommended amount

of budget authority is $283,604,000 above the initial budget request and is intended to provide pay parity for the SEC’s existing

staff, add additional staff, and provide the funds necessary to improve the agency’s monitoring systems. The Committee expects the

SEC to provide quarterly reports to the Committee on the status

of the implementation of these funds and the measures it is taking

to restore the public’s confidence in the financial markets.

The Commission is required, pursuant to the ‘‘Investor and Capital Markets Fee Relief Act’’, to make annual adjustments to the

rates for fees paid under Section 6(b) of the Securities Act of 1933

and Sections 13(e), 14(g), and 31 of the Securities Exchange Act of

1934. Effective October 1, 2002, or 5 days after the date on which

the Commission receives its fiscal 2003 regular appropriation,

whichever date comes later, the Section 6(b) fee rate applicable to

the registration of securities, the Section 13(e) fee rate applicable

to the repurchase of securities, and the Section 14(g) fee rates applicable to proxy solicitations and statements in corporate control

transactions will be reduced to $80.90 per million from the current

rate of $92.00 per million. In addition, effective October 1, 2002, or

30 days after the date on which the Commission receives its fiscal

2003 regular appropriation, whichever date comes later, the Section 31 fee rate applicable to securities transactions on the exchanges and Nasdaq will be reduced to $25.20 per million from the

current rate of $30.10 per million. These fees are available to offset

all funds recommended by the Committee for the SEC.

The Committee recommendation includes $76,000,000 to permit

the Commission to continue implementation of the pay parity program authorized in the ‘‘Investor and Capital Markets Fee Relief

Act’’, which was enacted in January 2002. In March, the Committee approved the reprogramming of $24,800,000 in available

balances to permit the Commission to implement this program to

bring the salaries for SEC employees in line with those of other

Federal financial regulatory agencies. The Committee believes that

the Commission’s ability to retain and adequately support staff up

to its authorized staffing level is critical to the success of its role

in restoring confidence in U.S. financial markets.

The Committee recommends that the Commission continue to

emphasize the investigation and prosecution of financial fraud and

reporting cases. In the first quarter of calendar year 2002 the SEC
162

enforcement staff opened 64 cases investigating financial fraud and

reporting, compared to 31 cases opened in the same period last

year. The Committee also commends the SEC for its recent initiatives to protect investors through strengthened corporate disclosure, accounting, and reporting requirements.

The recommendation provides $6,000,000 to cover the costs of additional immediate security measures now required at the Commission’s new headquarters building as a result of the September 11

attack and continuing threats to Federal facilities. The Committee

recommends bill language, similar to that included in previous appropriations acts, which: (1) allows for the rental of space; (2)

makes up to $3,000 available for official reception and representation expenses; (3) makes up to $10,000 available for a permanent

secretariat for the International Organization of Securities Commissions; and (4) makes up to $100,000 available for governmental

and regulatory officials.

Exercise of options.—The Committee is concerned that corporate

insiders are enriching themselves at the expense of the corporations for which they work and the stockholders by exercising stock

options immediately prior to companies’ financial collapse. In fact,

exercising stock options may actually contribute to the bankruptcy

of teetering corporations. Therefore, the SEC is directed to provide

the Committees on Appropriations with a report listing every corporate officer or director whose exercise of options under section 12

of the Securities and Exchange Act exceeds $100,000 during each

30 day reporting period. The report shall be delivered monthly beginning 30 days after date of enactment of this Act.

SMALL BUSINESS ADMINISTRATION

Appropriations, 2002 ............................................................................. $888,514,000

Budget estimate, 2003 ........................................................................... 783,048,000

Committee recommendation ................................................................. 788,537,000

The Committee recommends an appropriation of $788,537,000.

The recommendation is $5,489,000 above the budget request. The

Committee recommendation includes a 4.1 percent pay increase for

Federal employees. The total funding is distributed among the five

SBA appropriation accounts as described below.

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $308,476,000

Budget estimate, 2003 ........................................................................... 352,968,000

Committee recommendation ................................................................. 364,357,000

The Committee recommends a direct appropriation of

$364,357,000 for the salaries and expenses of the Small Business

Administration. The recommendation is $11,389,000 above the

budget request. The Committee does not recommend funding for

gainsharing, workforce restructuring, program evaluations, and an

E-Government initiative.

The Committee recommendation includes requested language authorizing $3,500 for official reception and representation expenses

and language authorizing SBA to charge fees to cover the cost of

publications and certain loan servicing activities.
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NON-CREDIT BUSINESS ASSISTANCE PROGRAMS

For SBA’s non-credit business assistance programs, the Committee recommends an appropriation of $149,775,000. The Committee recommends the following amounts for these programs:

Small Business Development Centers ................................................. $88,000,000

USEAC Program .................................................................................... 3,100,000

Drug-free Workplace Grants ................................................................. 3,000,000

Regulatory Fairness Boards .................................................................. 500,000

SCORE .................................................................................................... 5,000,000

BICs ........................................................................................................ 475,000

Women’s Business Centers ................................................................... 12,000,000

Business LINC ....................................................................................... 2,000,000

Women’s Council .................................................................................... 750,000

7(j) Technical Assistance ....................................................................... 3,600,000

Native American Economic Development Initiative ........................... 1,000,000

Advocacy Research/Database ................................................................ 1,100,000

Microloan Technical Assistance ............................................................ 17,500,000

Veteran’s Business Development Assistance ....................................... 750,000

PRO-Net ................................................................................................. 500,000

SBIR Technical Assistance ................................................................... 500,000

Federal and State Technology Partnership Program ......................... 3,000,000

HubZone Progam ................................................................................... 2,000,000

PRIME Technical Assistance ................................................................ 5,000,000

The Committee believes the Small Business Development Centers (SBDCs) provide useful services to small businesses nationwide. Federal funding of the SBDC program constitutes the seed

funding for the program, which is leveraged one or two times by

State, local, and private funds.

The Committee recommendation provides funding of $17,500,000

for the Microloan Technical Assistance Program and $5,000,000 for

the PRIME technical assistance program. The Committee believes

the PRIME program has great promise for providing assistance to

the entrepreneurs who have no access to capital and has a training

component for assisting these small businesses which is missing in

some of the other SBA assistance programs.

The Committee recommendation includes $3,000,000 for DrugFree Workplace Grants. The Committee recommends $500,000 for

Small Business Innovation Research (SBIR) technical assistance

and $3,000,000 for the Federal and State Technology Partnership

Program (FAST). The FAST program encourages organizations in

States to assist in the development of small high-technology businesses. The Committee believes that increasing the overall participation in the SBIR program by high-technology small businesses

will ultimately lead to an overall increase in the quality of SBIR

proposals and completed projects.

OFFICE OF INSPECTOR GENERAL

Appropriations, 2002 ............................................................................. $11,464,000

Budget estimate, 2003 ........................................................................... 14,500,000

Committee recommendation ................................................................. 11,600,000

The Committee recommends an appropriation of $11,600,000 for

the Office of Inspector General of the Small Business Administration. The recommendation is $2,900,000 below the budget request.

The Committee expects the office to report on its progress in reviewing and auditing the agency’s financial management systems.

The bill contains language making $500,000 available to the In-
164

spector General’s office from funds made available to the disaster

loan program for its activities.

BUSINESS LOANS PROGRAM ACCOUNT

Appropriations, 2002 ............................................................................. $283,860,000

Budget estimate, 2003 ........................................................................... 218,086,000

Committee recommendation ................................................................. 218,086,000

The Committee recommends an appropriation of $218,086,000 for

the business loans program account. The recommendation is identical to the budget request. Of the amount provided, $129,000,000

is for administrative expenses related to this account. The administrative expenses may be transferred to and merged with SBA salaries and expenses to cover the common overhead expenses associated with the business loan programs.

The Committee recommendation includes an appropriation of

$85,360,000 to support a $4,850,000,000 7(a) loan program. This

assumes a subsidy rate of 1.76 percent. The small business community is dependent on the SBA 7(a) program to obtain long-term financing at a competitive interest rate. Each year, 40,000 or more

small business concerns, who cannot obtain comparable credit elsewhere, turn to the 7(a) program for critical financing. Furthermore,

the Committee believes the SBA should achieve a goal of a zero

subsidy rate for the 7(a) loan program. However, the same result

can be achieved by a comprehensive review of subsidy cost estimates for the 7(a) program. Previous reports from the GAO indicate that subsidy costs have been inflated. OMB estimates of the

subsidy cost of the 7(a) program consistently show execution rates

are inflated. This could lead to the overcharging of small business

owners. The Committee believes that the 7(a) program is already

operating near a zero subsidy rate and that the budget request

should contain a one-time accurate accounting change to reflect

that reality. The Committee recommends that this one-time accounting change be reflected in future budget requests. The recommendation includes $3,726,000 in subsidy budget authority for

the Microloan program, which will support a program level of approximately $26,553,000 in fiscal year 2003, assuming a subsidy

rate of 13.05 percent.

DISASTER LOANS PROGRAM ACCOUNT

Appropriations, 2002 ............................................................................. $284,714,000

Budget estimate, 2003 ........................................................................... 197,494,000

Committee recommendation ................................................................. 194,494,000

The Committee recommends an appropriation of $194,494,000 for

the disaster loan program. The recommendation does not include

$3,000,000 for gainsharing. The recommendation is identical to the

budget request. Of the amount provided, $76,140,000 is for direct

loan subsidies. This amount, combined with carryover and recoveries of $35,000,000 will provide for a program level of

$795,000,000. The remaining $118,354,000 is made available for

administrative expenses for the program, and can be merged with

the agency’s salaries and expenses account.
165

ADMINISTRATIVE PROVISIONS

The Committee wishes to underscore the reprogramming requirements outlined in section 605. This recommendation includes an

administrative provision in the bill language, as in last year’s bill,

providing the authority to transfer funds between the Small Business Administration’s appropriations accounts. The language provides that no account may be decreased by more than 5 percent or

increased by more than 10 percent. The language also makes the

transfers subject to the Committee’s standard reprogramming procedures under section 605. In addition, a reprogramming notification is required in any proposed organization, whether or not funding transfers will be associated with the proposed reorganization.

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $3,000,000

Budget estimate, 2003 ........................................................................... 13,550,000

Committee recommendation ................................................................. 3,100,000

The Committee recommends an appropriation of $3,100,000. The

recommendation is $10,450,000 below the budget request. The

Committee recommendation includes the fiscal year 2002 funding

level and a 4.1 percent pay adjustment.

The Institute was created in 1984 to further the development

and adoption of improved judicial administration in State courts.

This goal is reached through grants which (1) create a national program of assistance to assure a fair and effective system of justice,

(2) foster coordination with the Federal Judiciary in areas of mutual concern, (3) promote recognition of the separation of powers,

or (4) provide education to judges and support personnel through

national organizations.

UNITED STATES-CANADA ALASKA RAIL COMMISSION

SALARIES AND EXPENSES

Appropriations, 2002 ............................................................................. $2,000,000

Budget estimate, 2003 ........................................................................... ...........................

Committee recommendation ................................................................. ...........................

The Committee does not recommend funding for the United

States-Canada Alaska Rail Commission. The recommendation is

identical to the budget request.
(166)

TITLE VI—GENERAL PROVISIONS

The Committee recommends the following general provisions for

the departments and agencies funded in the accompanying bill.

Section 601 prohibits any appropriation act from being used for

publicity or propaganda purposes not authorized by law.

Section 602 prohibits any appropriation contained in the act from

remaining available for obligation beyond the current year unless

expressly so provided.

Section 603 provides that the expenditure for 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 limits the availability of funds for a memorandum of

agreement.

Section 605 stipulates Committee policy concerning the reprogramming of funds. Section 605(a) prohibits the reprogramming

of funds which: (1) create 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 $500,000 or 10 percent, whichever is less, that (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from

any general savings 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.

Section 606 prohibits construction, repair, overhaul, conversion,

or modernization of NOAA ships outside of the United States.

Section 607 ties grant eligibility to retired law enforcement disability benefits.

Section 608 limits the availability of funds for tobacco promotion.

Section 609 prohibits funds from being used to issue a visa to

any alien involved in extrajudicial and political killings in Haiti.

Section 610 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.
167

Section 611 delays obligation of some receipts deposited into the

Crime Victim Fund.

Section 612 ties visa issuance to cooperation on so-called ‘‘nonreturnables’’.

Section 613 limits the placement of maximum or high security

prisoners to appropriately secure facilities.

Section 614 restricts Federal prisoner access to certain amenities.

Section 615 makes appropriations for the Small Business Administration.

Section 616 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.
(168)

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 I—Department of Justice: General administration, salaries

and expenses; administrative review and appeals, Office of the Inspector General; United States Parole Commission, salaries and expenses; general legal activities, salaries and expenses; National

Childhood Vaccine Injury Act; Antitrust Division, salaries and expenses; U.S. attorneys, salaries and expenses; Foreign Claims Settlement Commission; fees and expenses of witnesses; Federal Bureau of Investigation, salaries and expenses; Drug Enforcement Administration, salaries and expenses; Drug Enforcement Administration, construction; Immigration and Naturalization Service, salaries

and expenses; Federal Prison System, salaries and expenses; Federal Prison System, building and facilities; Federal Prison Industries, Inc.; limitation on administrative expenses; Federal Prison

Industries Inc.; juvenile justice programs; juvenile justice delinquency prevention; State and local law enforcement assistance

block grants; Weed and Seed Program; Missing Children’s Program; and Victims of Child Abuse Act Program.

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, scientific and technical research

and services; NIST industrial technology services; NIST construction of research facilities; National Oceanic and Atmospheric Administration 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 July 18, 2002, the

Committee ordered reported en bloc H.R. 5010, the Department of
169

Defense Appropriations bill, 2003, S. 2778, an original Commerce,

Justice, State, and the Judiciary Appropriations bill, 2003, and S.

2779, an original Foreign Operations, Export Financing, and Related Programs Appropriations bill, 2003, 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 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

Mrs. Landrieu

Mr. Reed

Mr. 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

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
170

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.
171

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2002 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL

FOR FISCAL YEAR 2003

[In thousands of dollars]

Item 2002 appropriation Budget estimate Committee recommendation

Senate Committee recommendation

compared with (∂ or ¥)

2002

appropriation

Budget

estimate

TITLE I—DEPARTMENT OF JUSTICE

General Administration

Salaries and expenses ......................................................................................................................................................... 91,668 114,579 99,696 ∂8,028 ¥14,883Identification systems integration ....................................................................................................................................... .......................... 24,478 .......................... .......................... ¥24,478Joint automated booking system ......................................................................................................................................... 1,000 .......................... 15,973 ∂14,973 ∂15,973Automated Biometric Identification System-Integrated Identification system integration ................................................. .......................... .......................... 9,000 ∂9,000 ∂9,000Chimera ................................................................................................................................................................................ .......................... .......................... 83,400 ∂83,400 ∂83,400Legal activities office automation ....................................................................................................................................... 15,765 15,942 77,127 ∂61,362 ∂61,185Narrowband communications ............................................................................................................................................... 94,615 149,254 229,400 ∂134,785 ∂80,146Deputy Attorney General for Combatting Terrorism ............................................................................................................. 1,000 .......................... .......................... ¥1,000 ..........................Counterterrorism fund .......................................................................................................................................................... 4,989 35,000 .......................... ¥4,989 ¥35,000Administrative review and appeals:

Direct appropriation .................................................................................................................................................... 173,647 193,535 180,466 ∂6,819 ¥13,069Emergency appropriations (Public Law 107–117) ...................................................................................................... 3,500 .......................... .......................... ¥3,500 ..........................

Subtotal ................................................................................................................................................................... 177,147 193,535 180,466 ∂3,319 ¥13,069

Detention trustee .................................................................................................................................................................. 1,000 1,388,566 1,385,966 ∂1,384,966 ¥2,600Office of Inspector General .................................................................................................................................................. 50,735 63,937 54,825 ∂4,090 ¥9,112USA Patriot Act activities (emergency appropriations) ....................................................................................................... 5,000 .......................... .......................... ¥5,000 ..........................

Total, General administration ................................................................................................................................. 442,919 1,985,291 2,135,853 ∂1,692,934 ∂150,562

United States Parole Commission

Salaries and expenses ......................................................................................................................................................... 9,876 10,862 10,114 ∂238 ¥748
172

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2002 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL

FOR FISCAL YEAR 2003—Continued

[In thousands of dollars]

Item 2002 appropriation Budget estimate Committee recommendation

Senate Committee recommendation

compared with (∂ or ¥)

2002

appropriation

Budget

estimate

Legal Activities

General legal activities:

Direct appropriation .................................................................................................................................................... 549,176 645,299 579,495 ∂30,319 ¥65,804Emergency appropriations (Public Law 107–117) ...................................................................................................... 12,500 .......................... .......................... ¥12,500 ..........................

Subtotal ................................................................................................................................................................... 561,676 645,299 579,495 ∂17,819 ¥65,804

Vaccine injury compensation trust fund (permanent) ......................................................................................................... 4,028 4,028 4,028 .......................... ..........................Antitrust Division .................................................................................................................................................................. 130,791 137,799 133,133 ∂2,342 ¥4,666

Offsetting fee collections—carryover ......................................................................................................................... .......................... .......................... .......................... .......................... ..........................Offsetting fee collections—current year .................................................................................................................... ¥130,791 ¥137,799 ¥133,133 ¥2,342 ∂4,666

Direct appropriation ........................................................................................................................................... .......................... .......................... .......................... .......................... ..........................

United States Attorneys:

Direct appropriation .................................................................................................................................................... 1,353,968 1,506,373 1,474,779 ∂120,811 ¥31,594Emergency appropriations (Public Law 107–117) ...................................................................................................... 56,370 .......................... .......................... ¥56,370 ..........................

Subtotal ..................................................................................................................................................... 1,410,338 1,506,373 1,474,779 ∂64,441 ¥31,594

United States Trustee System Fund ..................................................................................................................................... 147,000 167,510 150,381 ∂3,381 ¥17,129

Offsetting fee collections ............................................................................................................................................ ¥140,000 ¥161,510 ¥144,381 ¥4,381 ∂17,129Interest on U.S. securities ........................................................................................................................................... ¥7,000 ¥6,000 ¥6,000 ∂1,000 ..........................Direct appropriation .................................................................................................................................................... .......................... .......................... .......................... .......................... ..........................

Foreign Claims Settlement Commission .............................................................................................................................. 1,136 1,136 1,136 .......................... ..........................United States Marshals Service:

Salaries and expenses (non-CSE) ............................................................................................................................... 619,429 700,343 661,085 ∂41,656 ¥39,258

Emergency appropriations (Public Law 107–117) ............................................................................................. 10,200 .......................... .......................... ¥10,200 ..........................

Courthouse security equipment ................................................................................................................................... 14,267 .......................... 12,061 ¥2,206 ∂12,061
173

Construction ................................................................................................................................................................ 15,000 15,126 15,126 ∂126 ..........................

Emergency appropriations (Public Law 107–117) ............................................................................................. 9,125 .......................... .......................... ¥9,125 ..........................

Justice Prisoner & Alien Transportation system ......................................................................................................... .......................... .......................... 56,000 ∂56,000 ∂56,000

Total, United States Marshals Service ................................................................................................................... 668,021 715,469 744,272 ∂76,251 ∂28,803

Federal prisoner detention ................................................................................................................................................... 706,182 .......................... .......................... ¥706,182 ..........................Fees and expenses of witnesses .......................................................................................................................................... 156,145 156,145 156,145 .......................... ..........................Community Relations Service ............................................................................................................................................... 9,269 9,364 9,474 ∂205 ∂110Assets forfeiture fund .......................................................................................................................................................... 22,949 22,949 22,949 .......................... ..........................

Total, Legal activities ............................................................................................................................................. 3,539,744 3,060,763 2,992,278 ¥547,466 ¥68,485

Radiation Exposure Compensation

Administrative expenses ....................................................................................................................................................... 1,996 1,996 .......................... ¥1,996 ¥1,996

Interagency Law Enforcement

Interagency crime and drug enforcement ............................................................................................................................ 338,577 362,131 347,102 ∂8,525 ¥15,029

Federal Bureau of Investigation

Salaries and expenses ......................................................................................................................................................... 3,031,830 3,729,838 3,727,287 ∂695,457 ¥2,551

Emergency appropriations (Public Law 107–117) ...................................................................................................... 745,000 .......................... .......................... ¥745,000 ..........................

Counterintelligence and national security ........................................................................................................................... 459,243 472,749 475,300 ∂16,057 ∂2,551

Direct appropriation .................................................................................................................................................... 4,236,073 4,202,587 4,202,587 ¥33,486 ..........................

Construction ......................................................................................................................................................................... 33,791 1,250 1,250 ¥32,541 ..........................

Total, Federal Bureau of Investigation ................................................................................................................... 4,269,864 4,203,837 4,203,837 ¥66,027 ..........................

Drug Enforcement Administration

Salaries and expenses ......................................................................................................................................................... 1,567,804 1,659,564 1,619,491 ∂51,687 ¥40,073

Diversion control fund ................................................................................................................................................. ¥86,021 ¥113,645 ¥89,021 ¥3,000 ∂24,624

Total, Drug Enforcement Administration ................................................................................................................ 1,481,783 1,545,919 1,530,470 ∂48,687 ¥15,449

Immigration and Naturalization Service

Salaries and expenses ......................................................................................................................................................... 3,371,440 3,246,787 3,765,247 ∂393,807 ∂518,460
174

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2002 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL

FOR FISCAL YEAR 2003—Continued

[In thousands of dollars]

Item 2002 appropriation Budget estimate Committee recommendation

Senate Committee recommendation

compared with (∂ or ¥)

2002

appropriation

Budget

estimate

Emergency appropriations (Public Law 107–117) ...................................................................................................... 449,800 .......................... .......................... ¥449,800 ..........................Enforcement and border affairs .................................................................................................................................. (3,189,495) (3,158,183) .......................... (¥3,189,495) (¥3,158,183)Citizenship and benefits, immigration support and program direction .................................................................... (631,745) (88,604) .......................... (¥631,745) (¥88,604)Fee accounts:

Immigration user fee .......................................................................................................................................... (591,866) (658,295) (658,295) (∂66,429) ..........................Land border inspection fund .............................................................................................................................. (4,490) (2,700) (2,700) (¥1,790) ..........................Immigration examinations fund ......................................................................................................................... (1,376,871) (1,462,803) (1,462,803) (∂85,932) ..........................Breached bond fund ........................................................................................................................................... (120,763) (171,275) (171,275) (∂50,512) ..........................Immigration enforcement fines .......................................................................................................................... (22,664) (6,000) (6,000) (¥16,664) ..........................H–1b Visa fees ................................................................................................................................................... (26,272) (10,000) (10,000) (¥16,272) ..........................

Subtotal, Fee accounts .................................................................................................................................. 2,142,926 2,311,073 2,311,073 ∂168,147 ..........................

Construction ......................................................................................................................................................................... 128,454 .......................... 265,443 ∂136,989 ∂265,443

Emergency appropriations (Public Law 107–117) ...................................................................................................... 99,600 .......................... .......................... ¥99,600 ..........................

Support and administration ................................................................................................................................................. .......................... 785,598 .......................... .......................... ¥785,598

Total, Immigration and Naturalization Service ...................................................................................................... (6,192,220) (6,343,458) (6,341,763) (∂149,543) (¥1,695)

Appropriations ................................................................................................................................................ (3,499,894) (4,032,385) (4,030,690) (∂530,796) (¥1,695)Emergency appropriations ............................................................................................................................. (549,400) .......................... .......................... (¥549,400) ..........................(Fee accounts) ............................................................................................................................................... (2,142,926) (2,311,073) (2,311,073) (∂168,147) ..........................

Federal Prison System

Salaries and expenses ......................................................................................................................................................... 3,808,600 4,081,765 4,083,237 ∂274,637 ∂1,472

Prior year carryover ..................................................................................................................................................... .......................... .......................... .......................... .......................... ..........................

Direct appropriation ................................................................................................................................................ 3,808,600 4,081,765 4,083,237 ∂274,637 ∂1,472

Buildings and facilities ........................................................................................................................................................ 813,552 395,243 500,221 ¥313,331 ∂104,978
175

Federal Prison Industries, Incorporated (limitation on administrative expenses) .............................................................. 3,429 3,429 3,429 .......................... ..........................

Total, Federal Prison System .................................................................................................................................. 4,625,581 4,480,437 4,586,887 ¥38,694 ∂106,450

Office of Justice Programs

Justice assistance ................................................................................................................................................................ 437,008 214,024 2,242,057 ∂1,805,049 ∂2,028,033

(By transfer) ................................................................................................................................................................ (6,632) (6,632) (6,632) .......................... ..........................Emergency appropriations (Public Law 107–117) ...................................................................................................... 400,000 .......................... .......................... ¥400,000 ..........................

Total, Office of Justice Programs ........................................................................................................................... 837,008 214,024 2,242,057 ∂1,405,049 ∂2,028,033

State and local law enforcement assistance:

Local law enforcement block grant ............................................................................................................................ 400,000 .......................... 400,000 .......................... ∂400,000

Boys and Girls clubs (earmark) ......................................................................................................................... (70,000) .......................... (80,000) (∂10,000) (∂80,000)Police athletic league (earmark) ........................................................................................................................ .......................... .......................... .......................... .......................... ..........................Grants, contracts, and other assistance (earmark) .......................................................................................... (19,956) .......................... (20,000) (∂44) (∂20,000)

State prison grants ..................................................................................................................................................... .......................... .......................... .......................... .......................... ..........................Indian assistance ........................................................................................................................................................ 48,162 12,971 48,000 ¥162 ∂35,029

Tribal prison construction .................................................................................................................................. (35,191) .......................... (35,000) (¥191) (∂35,000)Indian tribal courts program ............................................................................................................................. (7,982) .......................... (8,000) (∂18) (∂8,000)Indian grants ...................................................................................................................................................... (4,989) .......................... (5,000) (∂11) (∂5,000)

State criminal alien assistance program ................................................................................................................... 565,000 .......................... .......................... ¥565,000 ..........................Cooperative agreement program ................................................................................................................................. 20,000 .......................... 20,000 .......................... ∂20,000Byrne grants (formula) ................................................................................................................................................ 500,000 .......................... 500,000 .......................... ∂500,000Byrne grants (discretionary) ........................................................................................................................................ 94,489 .......................... 94,000 ¥489 ∂94,000Juvenile crime block grant .......................................................................................................................................... 249,450 215,000 249,450 .......................... ∂34,450Drug courts .................................................................................................................................................................. 50,000 52,000 50,000 .......................... ¥2,000Violence Against Women grants ................................................................................................................................. 390,565 184,537 390,565 .......................... ∂206,028State prison drug treatment ....................................................................................................................................... 70,000 77,000 70,000 .......................... ¥7,000Other crime control programs ..................................................................................................................................... 5,688 210,370 5,700 ∂12 ¥204,670Assistance for victims of trafficking .......................................................................................................................... 10,000 .......................... .......................... ¥10,000 ..........................Emergency appropriations (Public Law 107–117) ...................................................................................................... 251,100 .......................... .......................... ¥251,100 ..........................Associated outlays ....................................................................................................................................................... .......................... .......................... .......................... .......................... ..........................

Total, State and local law enforcement ................................................................................................................. 2,654,454 751,878 1,827,715 ¥826,739 ∂1,075,837

Weed and seed program fund ............................................................................................................................................. 58,925 58,925 58,925 .......................... ..........................Community oriented policing services:

Public safety and community policing grants ............................................................................................................ 496,014 126,106 487,000 ¥9,014 ∂360,894

Methamphetamine .............................................................................................................................................. (70,473) (20,000) (45,000) (¥25,473) (∂25,000)
176

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2002 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL

FOR FISCAL YEAR 2003—Continued

[In thousands of dollars]

Item 2002 appropriation Budget estimate Committee recommendation

Senate Committee recommendation

compared with (∂ or ¥)

2002

appropriation

Budget

estimate

Management administration ....................................................................................................................................... 32,812 25,685 35,000 ∂2,188 ∂9,315Crime fighting technologies ........................................................................................................................................ 351,632 282,500 373,615 ∂21,983 ∂91,115

Safe schools initiative ........................................................................................................................................ (17,000) (17,000) (17,000) .......................... ..........................Upgrade criminal history records ....................................................................................................................... (35,000) (60,000) (35,000) .......................... (¥25,000)DNA identification/crime lab .............................................................................................................................. (75,000) (75,000) (75,000) .......................... ..........................COPS technology ................................................................................................................................................. (154,345) (50,000) (118,615) (¥35,730) (∂68,615)COPS Interoperability .......................................................................................................................................... .......................... .......................... (100,000) (∂100,000) (∂100,000)

Community prosecutors ............................................................................................................................................... 99,780 99,780 100,000 ∂220 ∂220Crime prevention ......................................................................................................................................................... 70,202 46,963 67,013 ¥3,189 ∂20,050Justice assistance grants program ............................................................................................................................. .......................... 800,000 .......................... .......................... ¥800,000Associated outlays ....................................................................................................................................................... .......................... .......................... .......................... .......................... ..........................

Total, Community oriented policing services ......................................................................................................... 1,050,440 1,381,034 1,062,628 ∂12,188 ¥318,406

Juvenile justice programs .................................................................................................................................................... 305,860 257,801 298,425 ¥7,435 ∂40,624

(Transfer out) .............................................................................................................................................................. (¥6,632) (¥6,632) (¥6,632) .......................... ..........................

Election reform grants ......................................................................................................................................................... .......................... 400,000 400,000 ∂400,000 ..........................Public safety officers benefits program:

Death benefits ............................................................................................................................................................. 33,224 49,054 49,054 ∂15,830 ..........................Disability benefits ....................................................................................................................................................... 4,500 4,000 4,000 ¥500 ..........................

Total, Public safety officers benefits program ....................................................................................................... 37,724 53,054 53,054 ∂15,330 ..........................Total, Office of Justice Programs ........................................................................................................................... 4,944,411 3,116,716 5,942,804 ∂998,393 ∂2,826,088Total, title I, Department of Justice ....................................................................................................................... 23,704,045 22,800,337 25,780,035 ∂2,075,990 ∂2,979,698

(Transfer out) ................................................................................................................................................. (¥6,632) (¥6,632) (¥6,632) .......................... ..........................(By transfer) ................................................................................................................................................... (6,632) (6,632) (6,632) .......................... ..........................
177

TITLE II—DEPARTMENT OF COMMERCE AND RELATED AGENCIES

TRADE AND INFRASTRUCTURE DEVELOPMENT

Office of the United States Trade Representative

Salaries and expenses ......................................................................................................................................................... 30,097 32,299 30,832 ∂735 ¥1,467

International Trade Commission

Salaries and expenses ......................................................................................................................................................... 51,440 54,000 54,600 ∂3,160 ∂600

Total, Related agencies .......................................................................................................................................... 81,537 86,299 85,432 ∂3,895 ¥867

DEPARTMENT OF COMMERCE

International Trade Administration

Operations and administration ............................................................................................................................................ 347,547 376,678 353,242 ∂5,695 ¥23,436

Emergency appropriations (Public Law 107–117) ...................................................................................................... 1,000 .......................... .......................... ¥1,000 ..........................Offsetting fee collections ............................................................................................................................................ ¥3,000 ¥13,000 ¥3,000 .......................... ∂10,000

Direct appropriation ................................................................................................................................................ 345,547 363,678 350,242 ∂4,695 ¥13,436

Export Administration

Operations and administration ............................................................................................................................................ 61,643 100,198 98,540 ∂36,897 ¥1,658

Emergency appropriations (Public Law 107–117) ...................................................................................................... 1,756 .......................... .......................... ¥1,756 ..........................CWC enforcement ........................................................................................................................................................ 7,250 .......................... .......................... ¥7,250 ..........................

Total, Export Administration ................................................................................................................................... 70,649 100,198 98,540 ∂27,891 ¥1,658

Economic Development Administration

Economic development assistance programs ...................................................................................................................... 335,000 317,235 335,000 .......................... ∂17,765Salaries and expenses ......................................................................................................................................................... 30,557 30,765 31,211 ∂654 ∂446

Total, Economic Development Administration ........................................................................................................ 365,557 348,000 366,211 ∂654 ∂18,211

Minority Business Development Agency

Minority business development ............................................................................................................................................ 28,381 28,906 28,636 ∂255 ¥270

Total, Trade and Infrastructure Development ........................................................................................................ 891,671 927,081 929,061 ∂37,390 ∂1,980
178

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2002 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL

FOR FISCAL YEAR 2003—Continued

[In thousands of dollars]

Item 2002 appropriation Budget estimate Committee recommendation

Senate Committee recommendation

compared with (∂ or ¥)

2002

appropriation

Budget

estimate

ECONOMIC AND INFORMATION INFRASTRUCTURE

Economic and Statistical Analysis

Salaries and expenses ......................................................................................................................................................... 62,515 73,220 63,758 ∂1,243 ¥9,462

Bureau of the Census

Salaries and expenses ......................................................................................................................................................... 169,424 204,996 173,223 ∂3,799 ¥31,773Periodic censuses and programs ......................................................................................................................................... 321,376 500,320 323,623 ∂2,247 ¥176,697

Total, Bureau of the Census .................................................................................................................................. 490,800 705,316 496,846 ∂6,046 ¥208,470

National Telecommunications and Information Administration

Salaries and expenses ......................................................................................................................................................... 14,054 16,581 14,352 ∂298 ¥2,229Public telecommunications facilities: planning and construction ...................................................................................... 43,466 43,556 51,776 ∂8,310 ∂8,220

Emergency appropriations (Public Law 107–117) ...................................................................................................... 8,250 .......................... .......................... ¥8,250 ..........................

Information infrastructure grants ........................................................................................................................................ 15,503 212 15,560 ∂57 ∂15,348

Total, National Telecommunications and Information Administration ................................................................... 81,273 60,349 81,688 ∂415 ∂21,339

United States Patent and Trademark Office

Current year fee funding ...................................................................................................................................................... 843,701 1,204,357 863,271 ∂19,570 ¥341,086Emergency appropriations (Public Law 107–117) ............................................................................................................... 1,500 .......................... .......................... ¥1,500 ..........................Prior year carryover .............................................................................................................................................................. 282,300 100,000 282,300 .......................... ∂182,300

Total, Patent and Trademark Office ....................................................................................................................... 1,127,501 1,304,357 1,145,571 ∂18,070 ¥158,786Offsetting fee collections ........................................................................................................................................ ¥843,701 ¥1,204,357 ¥863,271 ¥19,570 ∂341,086Total, Economic and Information Infrastructure .................................................................................................... 918,388 938,885 924,592 ∂6,204 ¥14,293
179

SCIENCE AND TECHNOLOGY

Technology Administration

Under Secretary for Technology/Office of Technology Policy

Salaries and expenses ......................................................................................................................................................... 8,238 7,886 7,932 ¥306 ∂46

National Institute of Standards and Technology

Scientific and technical research and services .................................................................................................................. 321,111 384,809 336,443 ∂15,332 ¥48,366

Emergency appropriations (Public Law 107–117) ...................................................................................................... 5,000 .......................... .......................... ¥5,000 ..........................

Industrial technology services .............................................................................................................................................. 291,022 119,607 291,976 ∂954 ∂172,369Construction of research facilities ....................................................................................................................................... 62,393 54,212 63,750 ∂1,357 ∂9,538

Emergency appropriations (Public Law 107–117) ...................................................................................................... 1,225 .......................... .......................... ¥1,225 ..........................

Working capital fund ............................................................................................................................................................ .......................... 4,482 281 ∂281 ¥4,201

Total, National Institute of Standards and Technology ......................................................................................... 680,751 563,110 692,450 ∂11,699 ∂129,340

National Oceanic and Atmospheric Administration

Operations, research, and facilities ..................................................................................................................................... 2,027,424 1,991,722 2,064,898 ∂37,474 ∂73,176

Emergency appropriations (Public Law 107–117) ...................................................................................................... 2,750 .......................... .......................... ¥2,750 ..........................Conservation ................................................................................................................................................................ 223,273 219,360 264,488 ∂41,215 ∂45,128(By transfer from Promote and Develop Fund) ........................................................................................................... (68,000) (75,000) (55,000) (¥13,000) (¥20,000)(By transfer from Coastal zone management) ........................................................................................................... 3,000 3,000 3,000 .......................... ..........................

Total, Operations, research, and facilities ............................................................................................................. 2,256,447 2,214,082 2,332,386 ∂75,939 ∂118,304

Procurement, acquisition and construction ......................................................................................................................... 778,065 791,375 802,898 ∂24,833 ∂11,523

Conservation ................................................................................................................................................................ 58,487 20,012 100,512 ∂42,025 ∂80,500

Total, Procurement, acquisition and construction ................................................................................................. 836,552 811,387 903,410 ∂66,858 ∂92,023

Pacific coastal salmon recovery (conservation) .................................................................................................................. 157,419 110,000 115,000 ¥42,419 ∂5,000Coastal zone management fund .......................................................................................................................................... ¥3,000 ¥3,000 ¥3,000 .......................... ..........................Fishermen’s contingency fund ............................................................................................................................................. 952 954 954 ∂2 ..........................Foreign fishing observer fund .............................................................................................................................................. 191 191 191 .......................... ..........................Fisheries finance program account ..................................................................................................................................... 287 ¥3,000 ¥3,000 ¥3,287 ..........................Environmental improvement and restoration fund .............................................................................................................. 10,000 .......................... .......................... ¥10,000 ..........................

Total, National Oceanic and Atmospheric Administration ..................................................................................... 3,258,848 3,130,614 3,345,941 ∂87,093 ∂215,327Total, Science and Technology ............................................................................................................................... 3,947,837 3,701,610 4,046,323 ∂98,486 ∂344,713

Appropriations ................................................................................................................................................ (3,499,683) (3,352,238) (3,566,323) (∂66,640) (∂214,085)
180

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2002 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL

FOR FISCAL YEAR 2003—Continued

[In thousands of dollars]

Item 2002 appropriation Budget estimate Committee recommendation

Senate Committee recommendation

compared with (∂ or ¥)

2002

appropriation

Budget

estimate

Conservation .................................................................................................................................................. (439,179) (349,372) (480,000) (∂40,821) (∂130,628)Emergency appropriations ............................................................................................................................. (8,975) .......................... .......................... (¥8,975) ..........................

Departmental Management

Salaries and expenses ......................................................................................................................................................... 37,652 48,254 41,494 ∂3,842 ¥6,760

Emergency appropriations (Public Law 107–117) ...................................................................................................... 4,776 .......................... .......................... ¥4,776 ..........................

Office of Inspector General .................................................................................................................................................. 20,176 22,670 20,635 ∂459 ¥2,035

Total, Departmental management .......................................................................................................................... 62,604 70,924 62,129 ¥475 ¥8,795Total, Department of Commerce ............................................................................................................................. 5,738,963 5,552,201 5,876,673 ∂137,710 ∂324,472Total, title II, Department of Commerce and related agencies ............................................................................. 5,820,500 5,638,500 5,962,105 ∂141,605 ∂323,605

Appropriations ................................................................................................................................................ (5,355,064) (5,289,128) (5,482,105) (∂127,041) (∂192,977)Conservation .................................................................................................................................................. (439,179) (349,372) (480,000) (∂40,821) (∂130,628)Emergency appropriations ............................................................................................................................. (26,257) .......................... .......................... (¥26,257) ..........................(By transfer) ................................................................................................................................................... (68,000) (75,000) (55,000) (¥13,000) (¥20,000)

TITLE III—THE JUDICIARY

Supreme Court of the United States

Salaries and expenses:

Salaries of justices ..................................................................................................................................................... 1,808 1,872 1,872 ∂64 ..........................Other salaries and expenses ....................................................................................................................................... 38,180 44,452 42,527 ∂4,347 ¥1,925

Total, Salaries and expenses .................................................................................................................................. 39,988 46,324 44,399 ∂4,411 ¥1,925

Care of the building and grounds ....................................................................................................................................... 37,530 53,626 53,304 ∂15,774 ¥322

Emergency appropriations (Public Law 107–117) ...................................................................................................... 30,000 .......................... .......................... ¥30,000 ..........................

Total, Supreme Court of the United States ............................................................................................................ 107,518 99,950 97,703 ¥9,815 ¥2,247
181

United States Court of Appeals for the Federal Circuit

Salaries and expenses:

Salaries of judges ....................................................................................................................................................... 2,079 2,225 2,225 ∂146 ..........................Other salaries and expenses ....................................................................................................................................... 17,208 19,668 17,911 ∂703 ¥1,757

Total, Salaries and expenses .................................................................................................................................. 19,287 21,893 20,136 ∂849 ¥1,757

United States Court of International Trade

Salaries and expenses:

Salaries of judges ....................................................................................................................................................... 1,633 1,678 1,678 ∂45 ..........................Other salaries and expenses ....................................................................................................................................... 11,431 12,099 11,851 ∂420 ¥248

Total, Salaries and expenses .................................................................................................................................. 13,064 13,777 13,529 ∂465 ¥248

Courts of Appeals, District Courts, and Other Judicial Services

Salaries and expenses:

Salaries of judges and bankruptcy judges ................................................................................................................. 250,434 263,854 263,854 ∂13,420 ..........................Other salaries and expenses ....................................................................................................................................... 3,340,682 3,750,253 3,550,357 ∂209,675 ¥199,896Emergency appropriations (Public Law 107–117) ...................................................................................................... 5,000 .......................... .......................... ¥5,000 ..........................

Direct appropriation ................................................................................................................................................ 3,596,116 4,014,107 3,814,211 ∂218,095 ¥199,896

Vaccine Injury Compensation Trust Fund ............................................................................................................................ 2,692 2,784 2,784 ∂92 ..........................Defender services ................................................................................................................................................................. 500,671 588,741 531,792 ∂31,121 ¥56,949Fees of jurors and commissioners ....................................................................................................................................... 48,131 57,826 54,636 ∂6,505 ¥3,190Court security ....................................................................................................................................................................... 220,677 298,235 290,442 ∂69,765 ¥7,793

Emergency appropriations (Public Law 107–117) ...................................................................................................... 57,521 .......................... .......................... ¥57,521 ..........................

Total, Courts of Appeals, District Courts, and Other Judicial Services ................................................................. 4,425,808 4,961,693 4,693,865 ∂268,057 ¥267,828

Administrative Office of the United States Courts

Salaries and expenses ......................................................................................................................................................... 61,664 66,912 64,655 ∂2,991 ¥2,257

Emergency appropriations (Public Law 107–117) ...................................................................................................... 2,879 .......................... .......................... ¥2,879 ..........................

Federal Judicial Center

Salaries and expenses ......................................................................................................................................................... 19,735 21,885 20,156 ∂421 ¥1,729

Judicial Retirement Funds

Payment to Judiciary Trust Funds ........................................................................................................................................ 37,000 35,300 35,300 ¥1,700 ..........................
182

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2002 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL

FOR FISCAL YEAR 2003—Continued

[In thousands of dollars]

Item 2002 appropriation Budget estimate Committee recommendation

Senate Committee recommendation

compared with (∂ or ¥)

2002

appropriation

Budget

estimate

United States Sentencing Commission

Salaries and expenses ......................................................................................................................................................... 11,575 13,200 11,835 ∂260 ¥1,365

General Provisions

Judges pay raise (sec. 304) ................................................................................................................................................. 8,625 7,000 7,972 ¥653 ∂972

Total, title III, the Judiciary .................................................................................................................................... 4,707,155 5,241,610 4,965,151 ∂257,996 ¥276,459

TITLE IV—DEPARTMENT OF STATE

Administration of Foreign Affairs

Diplomatic and consular programs ..................................................................................................................................... 3,142,277 3,383,844 3,223,896 ∂81,619 ¥159,948

(Transfer out) .............................................................................................................................................................. (¥4,000) (¥4,000) (¥4,000) .......................... ..........................Worldwide security upgrade ........................................................................................................................................ 487,735 553,000 579,086 ∂91,351 ∂26,086

Total, Diplomatic and consular programs .............................................................................................................. 3,630,012 3,936,844 3,802,982 ∂172,970 ¥133,862

Capital investment fund ...................................................................................................................................................... 203,000 177,000 210,000 ∂7,000 ∂33,000Office of Inspector General .................................................................................................................................................. 29,000 29,264 29,693 ∂693 ∂429Educational and cultural exchange programs ..................................................................................................................... 237,000 245,306 237,771 ∂771 ¥7,535Representation allowances ................................................................................................................................................... 6,485 9,000 6,485 .......................... ¥2,515Protection of foreign missions and officials ....................................................................................................................... 9,400 11,000 9,400 .......................... ¥1,600Embassy security, construction and maintenance .............................................................................................................. 458,000 550,000 535,000 ∂77,000 ¥15,000

Worldwide security upgrade ........................................................................................................................................ 815,960 755,000 770,000 ¥45,960 ∂15,000

Emergencies in the diplomatic and consular service ......................................................................................................... 6,500 15,000 6,500 .......................... ¥8,500

(By transfer) ................................................................................................................................................................ (4,000) (4,000) (4,000) .......................... ..........................(Transfer out) .............................................................................................................................................................. (¥1,000) (¥1,000) (¥1,000) .......................... ..........................

Repatriation Loans Program Account:

Direct loans subsidy .................................................................................................................................................... 612 612 612 .......................... ..........................Administrative expenses .............................................................................................................................................. 607 607 607 .......................... ..........................
183

(By transfer) ................................................................................................................................................................ (1,000) (1,000) (1,000) .......................... ..........................

Total, Repatriation loans program account ........................................................................................................... 1,219 1,219 1,219 .......................... ..........................

Payment to the American Institute in Taiwan ..................................................................................................................... 17,044 18,817 17,044 .......................... ¥1,773Payment to the Foreign Service Retirement and Disability Fund ....................................................................................... 135,629 138,200 138,200 ∂2,571 ..........................

Total, Administration of Foreign Affairs ................................................................................................................. 5,549,249 5,886,650 5,764,294 ∂215,045 ¥122,356

International Organizations and Conferences

Contributions to international organizations, current year assessment ............................................................................. 850,000 891,378 850,000 .......................... ¥41,378Contributions for international peacekeeping activities, current year ................................................................................ 844,139 725,981 666,772 ¥177,367 ¥59,209

Total, International Organizations and Conferences .............................................................................................. 1,694,139 1,617,359 1,516,772 ¥177,367 ¥100,587

International Commissions

International Boundary and Water Commission, United States and Mexico:

Salaries and expenses ................................................................................................................................................ 24,705 27,404 25,155 ∂450 ¥2,249Construction ................................................................................................................................................................ 5,450 9,401 5,488 ∂38 ¥3,913

American sections, international commissions ................................................................................................................... 9,911 10,682 10,009 ∂98 ¥673International fisheries commissions .................................................................................................................................... 20,480 19,780 20,480 .......................... ∂700

Total, International commissions ........................................................................................................................... 60,546 67,267 61,132 ∂586 ¥6,135

Other

Payment to the Asia Foundation .......................................................................................................................................... 9,250 9,444 10,250 ∂1,000 ∂806Eisenhower Exchange Fellowship program trust fund ......................................................................................................... 500 500 500 .......................... ..........................Israeli Arab scholarship program ........................................................................................................................................ 375 375 375 .......................... ..........................East-West Center .................................................................................................................................................................. 14,000 14,280 18,000 ∂4,000 ∂3,720National Endowment for Democracy .................................................................................................................................... 33,500 36,000 46,500 ∂13,000 ∂10,500

Total, Department of State ..................................................................................................................................... 7,361,559 7,631,875 7,417,823 ∂56,264 ¥214,052

RELATED AGENCY

Broadcasting Board of Governors

International Broadcasting Operations ................................................................................................................................ 428,234 467,898 441,456 ∂13,222 ¥26,442

Emergency appropriations (Public Law 107–117) ...................................................................................................... 9,200 .......................... .......................... ¥9,200 ..........................

Broadcasting to Cuba .......................................................................................................................................................... 24,872 25,362 24,996 ∂124 ¥366Broadcasting capital improvements .................................................................................................................................... 25,900 13,740 13,740 ¥12,160 ..........................
184

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2002 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL

FOR FISCAL YEAR 2003—Continued

[In thousands of dollars]

Item 2002 appropriation Budget estimate Committee recommendation

Senate Committee recommendation

compared with (∂ or ¥)

2002

appropriation

Budget

estimate

Emergency appropriations (Public Law 107–117) ...................................................................................................... 10,000 .......................... .......................... ¥10,000 ..........................

Total, Broadcasting Board of Governors ................................................................................................................ 498,206 507,000 480,192 ¥18,014 ¥26,808Total, title IV, Department of State ........................................................................................................................ 7,859,765 8,138,875 7,898,015 ∂38,250 ¥240,860

(Transfer out) ................................................................................................................................................. (¥5,000) (¥5,000) (¥5,000) .......................... ..........................(By transfer) ................................................................................................................................................... (5,000) (5,000) (5,000) .......................... ..........................

TITLE V—RELATED AGENCIES & MISCELLANEOUS ACCOUNT

DEPARTMENT OF TRANSPORTATION

Maritime Administration

Maritime security program ................................................................................................................................................... 98,700 98,700 98,700 .......................... ..........................Operations and training ....................................................................................................................................................... 89,054 93,133 89,488 ∂434 ¥3,645Ship disposal ........................................................................................................................................................................ .......................... 11,161 .......................... .......................... ¥11,161Vessel operations revolving fund ......................................................................................................................................... .......................... .......................... .......................... .......................... ..........................Maritime Guaranteed Loan (Title XI) Program Account:

Guaranteed loans subsidy ........................................................................................................................................... 33,000 .......................... 32,852 ¥148 ∂32,852Administrative expenses .............................................................................................................................................. 3,978 4,126 4,126 ∂148 ..........................

Total, Maritime guaranteed loan program account ............................................................................................... 36,978 4,126 36,978 .......................... ∂32,852Total, Maritime Administration ............................................................................................................................... 224,732 207,120 225,166 ∂434 ∂18,046

Commission for the Preservation of America’s Heritage Abroad

Salaries and expenses ......................................................................................................................................................... 489 499 499 ∂10 ..........................

Commission on Civil Rights

Salaries and expenses ......................................................................................................................................................... 9,096 9,096 9,096 .......................... ..........................
185

Commission on International Religious Freedom

Salaries and expenses ......................................................................................................................................................... 3,000 3,000 3,000 .......................... ..........................

Commission on Ocean Policy

Salaries and expenses ......................................................................................................................................................... 3,000 .......................... 3,000 .......................... ∂3,000

Commission on Security and Cooperation in Europe

Salaries and expenses ......................................................................................................................................................... 1,499 1,607 1,550 ∂51 ¥57

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

Salaries and expenses ......................................................................................................................................................... 1,000 1,700 1,000 .......................... ¥700

Equal Employment Opportunity Commission

Salaries and expenses ......................................................................................................................................................... 310,406 308,822 317,206 ∂6,800 ∂8,384

Emergency appropriations (Public Law 107–117) ...................................................................................................... 1,301 .......................... .......................... ¥1,301 ..........................

Federal Communications Commission

Salaries and expenses ......................................................................................................................................................... 245,071 268,327 246,971 ∂1,900 ¥21,356

Offsetting fee collections—current year .................................................................................................................... ¥218,757 ¥248,194 ¥246,971 ¥28,214 ∂1,223

Direct appropriation ................................................................................................................................................ 26,314 20,133 .......................... ¥26,314 ¥20,133

Federal Maritime Commission

Salaries and expenses ......................................................................................................................................................... 16,458 17,440 16,484 ∂26 ¥956

Federal Trade Commission

Salaries and expenses ......................................................................................................................................................... 155,982 171,599 159,148 ∂3,166 ¥12,451

Offsetting fee collections—carryover ......................................................................................................................... .......................... .......................... .......................... .......................... ..........................Offsetting fee collections—current year .................................................................................................................... ¥155,982 ¥150,000 ¥150,000 ∂5,982 ..........................Offsetting fee collections, telephone database .......................................................................................................... .......................... ¥3,000 .......................... .......................... ∂3,000

Direct appropriation ................................................................................................................................................ .......................... 18,599 9,148 ∂9,148 ¥9,451

Legal Services Corporation

Payment to the Legal Services Corporation ......................................................................................................................... 329,300 329,300 329,397 ∂97 ∂97

Marine Mammal Commission

Salaries and expenses ......................................................................................................................................................... 1,957 1,856 2,050 ∂93 ∂194
186

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2002 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL

FOR FISCAL YEAR 2003—Continued

[In thousands of dollars]

Item 2002 appropriation Budget estimate Committee recommendation

Senate Committee recommendation

compared with (∂ or ¥)

2002

appropriation

Budget

estimate

National Veterans Business Development Corporation

Salaries and expenses ......................................................................................................................................................... 4,000 2,000 2,000 ¥2,000 ..........................

Pacific Charter Commission

Salaries and expenses ......................................................................................................................................................... 1,500 .......................... .......................... ¥1,500 ..........................

Securities and Exchange Commission

Current year fees .................................................................................................................................................................. 109,500 179,900 750,504 ∂641,004 ∂570,604Emergency appropriations (Public Law 107–117) ............................................................................................................... 20,705 .......................... .......................... ¥20,705 ..........................2000 fees ............................................................................................................................................................................. 328,400 287,000 .......................... ¥328,400 ¥287,000

Direct appropriation .................................................................................................................................................... 458,605 466,900 750,504 ∂291,899 ∂283,604

Small Business Administration

Salaries and expenses ......................................................................................................................................................... 308,476 352,968 364,357 ∂55,881 ∂11,389Office of Inspector General .................................................................................................................................................. 11,464 14,500 11,600 ∂136 ¥2,900Business Loans Program Account:

Direct loans subsidy .................................................................................................................................................... 1,860 3,726 3,726 ∂1,866 ..........................Guaranteed loans subsidy ........................................................................................................................................... 78,000 85,360 85,360 ∂7,360 ..........................Administrative expenses .............................................................................................................................................. 129,000 129,000 129,000 .......................... ..........................Emergency appropriations (Public Law 107–117) ...................................................................................................... 75,000 .......................... .......................... ¥75,000 ..........................

Total, Business loans program account ................................................................................................................. 283,860 218,086 218,086 ¥65,774 ..........................

Disaster Loans Program Account:

Direct loans subsidy .................................................................................................................................................... 87,360 76,140 76,140 ¥11,220 ..........................Administrative expenses .............................................................................................................................................. 122,354 118,354 118,354 ¥4,000 ..........................Gainsharing ................................................................................................................................................................. .......................... 3,000 .......................... .......................... ¥3,000Emergency appropriations (Public Law 107–117) ...................................................................................................... 75,000 .......................... .......................... ¥75,000 ..........................
187

Total, Disaster loans program account .................................................................................................................. 284,714 197,494 194,494 ¥90,220 ¥3,000Total, Small Business Administration .................................................................................................................... 888,514 783,048 788,537 ¥99,977 ∂5,489

State Justice Institute

Salaries and expenses 1 ....................................................................................................................................................... 3,000 13,550 3,100 ∂100 ¥10,450

United States-Canada Alaska Rail Commission

Salaries and expenses ......................................................................................................................................................... 2,000 .......................... .......................... ¥2,000 ..........................

Total, title V, Related agencies .............................................................................................................................. 2,286,171 2,184,670 2,461,737 ∂175,566 ∂277,067

TITLE VII—RESCISSIONS

DEPARTMENT OF JUSTICE

Legal Activities

Assets forfeiture fund (rescission) ....................................................................................................................................... ¥40,000 .......................... .......................... ∂40,000 ..........................

DEPARTMENT OF COMMERCE

Departmental Management

Emergency oil and gas guaranteed loan program account (rescission) ............................................................................ ¥5,200 ¥920 .......................... ∂5,200 ∂920Emergency steel guaranteed loan program account (rescission) ....................................................................................... .......................... ¥96,000 .......................... .......................... ∂96,000

RELATED AGENCIES

DEPARTMENT OF TRANSPORTATION

Maritime Administration

Ship construction (rescission) .............................................................................................................................................. ¥4,400 .......................... .......................... ∂4,400 ..........................

Securities and Exchange Commission

Salaries and expenses (rescission) ...................................................................................................................................... ¥50,000 .......................... .......................... ∂50,000 ..........................

Small Business Administration

Business Loans Program Account:

Guaranteed loans subsidy (rescission) ....................................................................................................................... ¥5,500 .......................... .......................... ∂5,500 ..........................

Total, title VII, Rescissions ..................................................................................................................................... ¥105,100 ¥96,920 .......................... ∂105,100 ∂96,920
188

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2002 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL

FOR FISCAL YEAR 2003—Continued

[In thousands of dollars]

Item 2002 appropriation Budget estimate Committee recommendation

Senate Committee recommendation

compared with (∂ or ¥)

2002

appropriation

Budget

estimate

Grand total:

New budget (obligational) authority .............................................................................................................. 44,272,536 43,907,072 47,067,043 ∂2,794,507 ∂3,159,971

Appropriations ....................................................................................................................................... (41,583,399) (43,654,620) (46,587,043) (∂5,003,644) (∂2,932,423)Conservation ......................................................................................................................................... (439,179) (349,372) (480,000) (∂40,821) (∂130,628)Emergency appropriations .................................................................................................................... (2,355,058) .......................... .......................... (¥2,355,058) ..........................Rescissions ........................................................................................................................................... (¥105,100) (¥96,920) .......................... (∂105,100) (∂96,920)

(Transfer out) ................................................................................................................................................. (¥11,632) (¥11,632) (¥11,632) .......................... ..........................(By transfer) ................................................................................................................................................... (79,632) (86,632) (66,632) (¥13,000) (¥20,000)

1 The President’s budget proposed nothing for State Justice Institute.

Æ