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S. Rept. 109-88 - DEPARTMENTS OF COMMERCE AND JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL, 2006109th Congress (2005-2006)
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Reports for H.R.2862
S. Rept. 109-88
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Calendar No. 137
109th Congress                                                   Report
1st Session                                                     109-88
DEPARTMENTS OF COMMERCE AND JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS BILL, 2006
June 23, 2005.--Ordered to be printed
Mr. Shelby, from the Committee on Appropriations,
submitted the following
R E P O R T
[To accompany H.R. 2862]
The Committee on Appropriations reports the bill (S. 0000)
making appropriations for the Departments of Commerce, Justice,
and State, the judiciary, and related agencies for the fiscal
year ending September 30, 2006, and for other purposes, reports
favorably thereon and recommends that the bill do pass. deg.
The Committee on Appropriations to which was referred the
bill (H.R. 2862) making appropriations for Science, the
Departments of State, Justice, and Commerce, and Related
Agencies for the fiscal year ending September 30, 2006, and for
other purposes, reports the bill making appropriations for the
Departments of Commerce and Justice, Science, and Related
other purposes, to the Senate with an amendment, and with an
amendment to the title, and recommends that the bill, as
amended, do pass. The Committee on Appropriations shall address
appropriations for the Department of State and Related Agencies
for fiscal year 2006 under a separate bill. Appropriations for
said agencies are not assumed in the table below.
Total obligational authority, fiscal year 2006
Total of bill as reported to the Senate................. $52,357,161,000
Amount of 2005 appropriations...........................  52,014,314,000
Amount of 2006 budget estimate..........................  54,366,388,000
Amount of House allowance...............................  51,678,177,000
Bill as recommended to Senate compared to--
2005 appropriations.................................    +342,847,000
2006 budget estimate................................  -2,009,227,000
House allowance.....................................    +678,984,000
C O N T E N T S
Purpose of the Bill..........................................     3
Summary of the Bill..........................................     4
Budgetary Impact of the Bill.....................................     6
Title I--Department of Justice...................................     7
Title II--Department of Commerce and Related Agencies............    50
Title III--Science...............................................    62
Title IV--Related Agencies:
Commission on Civil Rights...................................   105
Equal Employment Opportunity Commission......................   105
Federal Communications Commission............................   106
Federal Trade Commission.....................................   107
Legal Services Corporation...................................   108
Marine Mammal Commission.....................................   109
National Veterans' Business Development Corporation..........   109
Securities and Exchange Commission...........................   109
Small Business Administration................................   110
State Justice Institute......................................   114
Title V--General Provisions......................................   115
Title VI--Rescissions............................................   117
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the Sen-
ate............................................................   118
Compliance With Paragraph 7(c) Rule XXVI of the Standing Rules of
the Senate.....................................................   120
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
Purpose and Scope of the Bill
This bill makes appropriations for the Departments of
Commerce and Justice, science, and related agencies for fiscal
year 2006.
The Commerce, Justice, Science, and Related Agencies
appropriations bill is the principal source of financial
resources to support the Departments of Justice and Commerce,
including the National Oceanic and Atmospheric Administration,
the National Aeronautics and Space Administration, the National
Science Foundation, and a number of independent agencies and
commissions, including the Office of the United States Trade
Representative, the Securities and Exchange Commission, the
Small Business Administration, the Federal Trade Commission,
and the Federal Communications Commission.
In February 2005, the Senate Committee on Appropriations
underwent a reorganization that collapsed the number of
subcommittees from 13 to 12. The Subcommittee on Commerce,
Justice, State, the Judiciary and Related Agencies became the
Subcommittee on Commerce, Justice, Science, and Related
Agencies. Appropriations for the operations of the Department
of State were transferred to the Subcommittee on Foreign
Operations, now the Subcommittee on State, Foreign Operations,
and Related Agencies, and appropriations for the Federal
judiciary were transferred to the Subcommittee on
Transportation and Treasury and Independent Agencies, now the
Subcommittee on Transportation, Treasury, the Judiciary,
Housing and Urban Development, and Related Agencies.
Appropriations for the National Aeronautics and Space
Administration, the National Science Foundation, and the Office
of Science and Technology Policy within the Executive Office of
the President were transferred to the subcommittee formerly
known as Commerce, Justice, State, the Judiciary and Related
Agencies, now Commerce, Justice, Science, and Related Agencies.
The bill remains a principal source of support for Federal
programs to combat terrorism, including the intelligence,
counterterrorism, and national security programs of the Federal
Bureau of Investigation. The bill remains a source of support
for Federal law enforcement, and grant assistance to State and
local law enforcement agencies throughout the United States.
The Committee notes with disappointment the elimination of many
State and local law enforcement assistance programs in the
President's budget submission for fiscal year 2006. The bill
remains the principal source of support for the Department of
Commerce and the Nation's lead civilian ocean and atmosphere
research, science, and service agency, the National Oceanic and
Atmospheric Administration [NOAA]. The Committee is intensely
disappointed by the nearly 9 percent reduction from the fiscal
year 2005 enacted level proposed for NOAA this year. The bill
is now the principal source of resources for aeronautics
research and space exploration. Finally, the bill supports a
number of independent agencies and commissions, and has a key
leadership role in supporting technology, innovation, and the
stability of United States financial markets.
The Commerce and Justice, Science, and Related Agencies
appropriations bill, as was its predecessor, is among the most
diverse of the 12 appropriations bills that provide for the
discretionary funding of the Federal Government. The bill
provides for pay of personnel, operations and maintenance,
grants and contracts, research and development, procurement,
and construction at 27 different agencies and departments
(including 2 Cabinet agencies), bureaus, and commissions.
Summary of the Bill
The total amount of new budget authority recommended by the
Committee for this bill in fiscal year 2006 is $48,875,000,000,
including $229,000,000 in mandatory appropriations. The amount
of discretionary budget authority as defined by the Budget Act
is $48,646,000,000.
The total amount of new budget authority represents an
increase of $875,476,000 compared with the fiscal year 2005
enacted level and a decrease of $2,052,227,000 compared with
the budget request. The recommendation does not include
$3,710,000,000 for the Strengthening America's Communities
Initiative, as proposed in the budget request.
The Committee recommended bill is within the Committee's
section 302(b) allocation for the Commerce and Justice,
Science, and Related Agencies appropriations bill. The
Committee has made difficult but necessary tradeoffs to craft a
bill that is within these limits.
REPROGRAMMINGS, REORGANIZATIONS, AND RELOCATIONS
Section 505 of this Act (section 605 of previous Commerce,
Justice, State, the judiciary, and Related Agencies
Appropriations Acts) provides procedures for the reprogramming
of funds. To reprogram is to change the use of funds from the
specific purposes provided for in the Act and the accompanying
statement or, in the absence of direction from the Committees
on Appropriations, from the specific purposes provided for in
the President's budget request. Each title of the bill also has
traditionally included separate provisions that define
permissible transfers of resources between appropriation
accounts. These transfer authority provisions are also pursuant
to section 505, and were initiated in the early 1990's to
provide additional flexibility to the agencies supported by the
Section 505 provides that the chairmen of the Committees on
Appropriations be notified by letter at least 15 days prior to
the reprogramming of funds in excess of a dollar threshold or
10 percent of the overall funding level for a program,
whichever is less, between programs and activities. This
provision also restates a number of other instances where
proposed agency actions require the submission of a
reprogramming, including providing funds or personnel for any
project that has been denied or restricted, reorganizations,
contracting, etc.
The reprogramming process is based on comity between the
Appropriations Committee and the executive branch. The
Commerce, Justice, Science, and Related Agencies appropriations
bill provides specific program guidance through the statement
accompanying this Act and tables accompanying the bill. The
process is intended to provide some flexibility to meet
changing circumstances and emergency requirements, if there is
agreement between the executive branch and the legislative
branch that such a change is warranted. Reprogramming
procedures provide a means for the affected branches to agree
on adjustments, if necessary, during a fiscal year, or to
ensure that the Committees are kept apprised in instances where
non-appropriated resources are used to meet program
requirements, such as fee collections and unobligated balances
that were not considered in the development of the
appropriations legislation.
In the absence of comity and respect for the prerogatives
of the Appropriations Committees and Congress in general, the
Committee has no choice but to put specific program limitations
and detail in legislation. Under these circumstances, programs,
projects, and activities become absolutes and the executive
branch shall lose the ability to propose changes in the use of
appropriations through the reprogramming process between
programs, projects, and activities without seeking legislative
action.
The reprogramming process, in general, works well and
ensures that the public's interests are protected. The
Committee is concerned, however, the executive branch often
establishes a cumbersome, bureaucratic process resulting in
significant delays before reprogramming proposals are
transmitted to Congress. The executive branch should set cycle
times for ensuring the rapid consideration and transmittal of
reprogramming proposals. In some instances, it can take over 6
months from when a bureau proposes a reprogramming action and
when approval is received from the Office of Management and
Budget [OMB] and notification is transmitted to Congress. This
bureaucratic delay has led to unacceptable situations where
agencies already have obligated funds before Congress has been
consulted. Such ``after the fact'' reprogrammings will not be
tolerated. They undercut the basic premise upon which
appropriations law is founded.
Unfortunately, the Committee is aware that some agencies
have not complied with reprogramming procedures and have
proceeded with reprogrammings without securing the Committee's
approval. Therefore, the bill eliminates a number of
flexibilities and authorities afforded those agencies in past
years. The Committee regrets the necessity of this action.
However, in the absence of comity, the Committee is required to
take additional actions to ensure that funds are only spent for
the purposes appropriated.
NON-CAREER PERSONNEL REDUCTIONS-IN-FORCE
The Committee directs departments or agencies funded in the
accompanying bill that are planning to conduct a reduction in
force [RIF] to notify the Committee by letter 30 days in
advance of the date of the proposed personnel action. Also, the
Committee directs that any items which are subject to
interpretation will be reported.
APPROPRIATIONS LIAISONS
The Committee again prefers to channel most of its
inquiries and requests for information and assistance through
the budget offices or comptroller organizations of the
departments and agencies funded in the accompanying bill, but
reserves the right to call upon any individual or organization
in any agency under its jurisdiction. The Committee continues
to stress the natural affinity between agency financial
management organizations and the Appropriations Committee,
which makes a close working relationship imperative.
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
[In millions of dollars]
Budget authority               Outlays
Committee    Amount of    Committee    Amount of
allocation      bill      allocation      bill
Comparison of amounts in the bill with Committee allocations
to its subcommittees of amounts in the Budget Resolution
for 2006: Subcommittee on Commerce and Justice, Science,
and Related Agencies:
Mandatory...............................................          229          229          241      \1\ 241
Discretionary...........................................       48,646       48,646       49,575   \1\ 49,254
Projection of outlays associated with the recommendation:
2006....................................................  ...........  ...........  ...........   \2\ 29,665
2007....................................................  ...........  ...........  ...........       13,599
2008....................................................  ...........  ...........  ...........        3,970
2010 and future years...................................  ...........  ...........  ...........          749
Financial assistance to State and local governments for                NA        2,858           NA          578
2006.......................................................
\1\ Includes outlays from prior-year budget authority.
\2\ Excludes outlays from prior-year budget authority.
NA: Not applicable.
TITLE I--DEPARTMENT OF JUSTICE
The Committee recommends a total of $21,202,485,000 for the
Department of Justice [DOJ]. The recommendation is $568,399,000
above the fiscal year 2005 funding level, excluding emergency
supplemental appropriations and $602,025,000 above the budget
request. The Committee has made funding for combating and
prosecuting terrorism, intelligence capabilities enhancements,
and critical information technology and infrastructure
investments the centerpiece of the fiscal year 2006 Department
of Justice appropriations bill.
Throughout this title, the Committee recommends funding for
mandatory personnel expenses, including the 2.3 percent pay
raise proposed for fiscal year 2006, annualization of the
fiscal year 2005 pay raises and increases, and annualization of
the fiscal year 2004 increases and positions, unless otherwise
provided below.
Proposed Fiscal Year 2006 Adjustments and Reductions.--The
Committee recommends all proposed decreases and adjustments to
base and offsets contained in the budget request, unless
otherwise provided below.
Budget Restructuring Proposals.--The Committee remains
concerned with the Department's repeated proposal to
consolidate existing decision units. All accounts within the
DOJ, therefore, shall continue to use their fiscal year 2005
decision units and account structures, unless otherwise
specified in prior years or in the following recommendation.
SALARIES AND EXPENSES
Appropriations, 2005....................................    $122,443,000
Budget estimate, 2006...................................     161,407,000
House allowance.........................................     126,956,000
Committee recommendation................................     125,936,000
The Committee recommends an appropriation of $125,936,000.
The recommendation is $3,493,000 above the fiscal year 2005
funding level and $35,471,000 below the budget request.
This account funds the development of policy objectives and
the overall management of the Department of Justice.
Office of Intelligence Policy and Review.--The workload of
the Office of Intelligence Policy and Review [OIPR] has
increased significantly since September 11, 2001, particularly
in the terms of the number of Foreign Intelligence Surveillance
Act [FISA] applications the office must prepare and process.
FISA is used by the Government as a tool to obtain foreign
intelligence for fighting terrorism and for countering
espionage activities directed against the United States.
Although many of the details are classified, the FISA has,
since September 11, 2001, become an indispensable and critical
legal tool enabling collection of actionable intelligence to
protect the United States and its citizens from another
terrorist attack. To meet its increased FISA workload, OIPR has
been forced in the past 2 years to rely on a significant number
of temporary detailees from other Justice Department components
to augment its permanent attorney staff, a solution that is
expensive and inefficient. Staffing shortfalls in OIPR have
required the FBI to prioritize the requests and determine which
lower priority cases must remain pending until resources are
available to address them. Increased resources for additional
staff and technology support will allow OIPR to keep up with
the pace of its current workload as well as process lower
priority FISA requests more quickly and generally increase the
ability of the Government to utilize FISA optimally as a
collection tool consistent with the statute and the
Constitution. The Committee recommendation therefore includes
an additional $6,809,000 for OIPR to continue the significant
staffing expansion begun in fiscal year 2005.
Report on Centralized Services and E-Gov Savings.--The
Attorney General shall provide a report to the Committees on
Appropriations, no later than 30 days after the date of
enactment of this Act and quarterly thereafter, on all
administrative, E-Gov, and centralized training service charges
to all components of the Department of Justice [DOJ]. The
report shall include: (1) how costs are derived; (2) the
specific activities paid for; (3) the savings achieved by
having a centralized service or E-Gov implementation; (4) all
data used to compute savings; (5) how often the charges are
administered; (6) a breakout of all centralized services rolled
into the General Administration account or any other account,
as well as in each bureau's budgets. All future budget
submissions to the Committees on Appropriations shall include
this detailed breakout.
Security and Emergency Planning.--The Committee
recommendation provides $186,000 and one position to enhance
the Department-Wide Continuity of Operations Plan.
Attorney Hiring and Diversity.--To support the Department's
hiring and diversity policies for Departmental attorneys, the
Committee recommendation provides $700,000 for an automated
attorney hiring personnel system and $50,000 for the
Department's Attorney Student Loan Repayment Program.
Transfer From the Bureau of Alcohol, Tobacco, Firearms and
Explosives [ATF].--The Committee denies the proposed transfer
of positions and resources from the ATF to the Justice
Management Division. These positions are better managed within
the Bureau's overall workforce. The Committee recommendation
does include language transferring from the DOJ's Office of
Legislative Affairs $500,000 and two personnel to the ATF's
Office of Legislative Affairs. This will allow these employees
to gain practical experience that will help the DOJ better
understand and support the mission of their law enforcement
agencies in the future.
ATF Fees.--The Committee is concerned about the budget
proposal to increase fees to cover existing base programs of
the ATF. Implementation of this fee by the legislative and
executive branches presents significant obstacles. The
Committee understands that it would take the Department 18 to
24 months to implement the rule necessary to collect this fee.
Funds to support these base operations therefore would not
materialize in fiscal year 2006. Future fee proposals of this
nature will be evaluated and applied against the resources of
the General Administration account of the DOJ.
Election Crimes.--The Committee is concerned about the high
number of persistent accusations of election crimes in recent
elections and a lack of prosecutions by the Justice Department.
The Committee directs the Attorney General to report, within 90
days of enactment of this Act, on the number of cases being
pursued by the DOJ related to election crimes, and the number
of attorneys dedicated full time to prosecuting such crimes.
The Committee encourages the Department to devote more
attention and resources to this issue, which is critical to
public confidence in the integrity of the election process.
Privacy Assessment.--The Committee has recommended $500,000
to direct a third party privacy assessment of the DOJ. DOJ is
the repository of large amounts of personal information, much
of it related to counterterrorism initiatives. With this comes
the responsibility of managing and protecting this personal
information. The party chosen to undertake this third party
assessment should have knowledge of all applicable privacy
laws, including the Privacy Act of 1974 (Public Law 93-579),
the E-Government Act of 2002 (Public Law 107-347), the privacy
provisions of the 2004 Omnibus Appropriations Act (Public Law
108-199), and related Office of Management and Budget
regulations. This assessment should provide the framework for
implementation of a comprehensive privacy program across the
Department.
Reducing the Number of Alien Absconders.--The Committee
recognizes the importance of reducing the rate of aliens who do
not comply with Orders of Removal, known as absconders.
However, the ability to address this situation is not fully
within the control of one Federal department. Both the
Department of Homeland Security [DHS] and DOJ must work closely
together to achieve this goal. The Committee directs DOJ, in
conjunction with DHS, to study the existing apprehension,
detention, appeal, and removal policies and procedures. The
Committee requests DHS and DOJ to jointly submit a report by
February 18, 2006, on the efforts each Department will take to
reduce the absconder rate, including proposed changes to
existing policies, procedures, and laws to further assist in
reducing the absconder population.
Radiation Exposure Compensation.--The Committee is
cognizant of the recent National Academy of Sciences [NAS]
report on the coverage of affected populations by the Radiation
Exposure Compensation Act (Public Law 108-375). The Committee
directs the DOJ to report to the Committee on what
administrative actions the Department can and should take in
responding appropriately to the NAS report, and to submit any
appropriate legislative recommendations to the Committee and to
the appropriate authorizing committees by October 1, 2005.
Executive Aircraft Use.--The Committee directs that, within
90 days of enactment of this Act, DOJ shall submit a report to
the Committees on Appropriations that identifies the cost and
use of executive aircraft for senior official transport. The
report should also address whether fractional aircraft
ownership is a more cost-effective method.
JUSTICE INFORMATION SHARING TECHNOLOGY
Appropriations, 2005....................................................
Budget estimate, 2006...................................    $181,490,000
The recommendation is $135,000,000 above the fiscal year 2005
funding level and $46,490,000 below the budget request. This
account has been newly-created in this appropriations Act.
The Justice Information Sharing Technology account [JIST]
provides more control to the Department Chief Information
Officer [DCIO] to ensure that investments in information
technology [IT] are well planned and aligned with the
Department's overall IT strategy and enterprise architecture.
JIST helps ensure that all Department of Justice [DOJ]
components build systems that are interoperable with shared
components and not stovepiped systems that become obsolete once
operational. While the Committee is supportive of IT
enhancements and the creation of systems that work across
agencies and Departments, it also is concerned that the DCIO
has control of less than 10 percent of DOJ's requested
$2,700,000,000 in IT expenditures.
The recommendation includes $10,000,000 for the Law
Enforcement Information Sharing Project [LEISP]. Prior to the
expenditure of any of these funds, DOJ shall provide to the
Committee the logical architecture that identifies the select
data sources, the data source adapters, as well as a list of
the duplicative functions that will be eliminated by, and the
savings realized from, the proposed streamlined process. The
recommendation includes $13,000,000 for systems engineering,
design, and a detailed implementation plan for the Database
Applications for N-DEx and R-DEx projects. The recommendation
does not include the $14,470,000 requested for deployment. The
implementation plan shall include delivery milestones and a
cost schedule. Once completed, the Committee directs the new
Investment Review Board, discussed below, to review and approve
the specifications, design, and plan. The recommendation
includes $14,962,000 for Secure Communications and $15,548,000
for the Justice Consolidated Office Network [JCON], which will
allow for the continued deployment of standardized office
automation infrastructure with centralized management and
coordination across the Department. The recommendation includes
$5,000,000 for Case Management Common Solution [CMCS] which
will set up a program management office to oversee the
engineering and deployment of the common systems related to
case litigation.
Unified Financial Management System.--Funding for a Unified
Financial Management System should reside in the JIST account
rather than in the General Administration account. The
Committee recognizes the need to develop a Department-wide
financial management system to make financial reporting and
program performance more timely, and accurate. The
recommendation includes $10,000,000 to begin deployment of a
unified system.
The Committee is disappointed with the quality of the
budget justification materials provided for many of the
initiatives in this account and encourages the DCIO to provide
greater detail in future presentations.
Information Technology Governance Board.--Given the
Department's recent high profile information technology
failures and the large amount of resources devoted to these
programs, the Committee directs the Department to set up an
Investment Review Board to be headed by the Deputy Attorney
General to oversee the development of all critical IT
infrastructure acquisitions and improvements. The Investment
Review Board shall: (1) review the completeness of the initial
business case and cost justification which defines the success
criteria for the project (success criteria is defined as the
scope, cost, schedule, and quality); (2) ensure the creation of
project performance metrics to measure compliance with the
success criteria at project milestones; (3) oversee and approve
the creation of system architectures; (4) oversee the
completeness of the specifications; (5) ensure the creation of
meaningful operations metrics for performance, security and
reliability.
The Attorney General shall, within 90 days of enactment of
this Act, submit to the Committee on Appropriations for
approval a plan that includes the organization and membership
of the Board, the criteria establishing which IT projects will
trigger the Board's oversight, a listing of IT projects the
Board will review in this fiscal year, and the operating
agreement which defines how the Board governs. To ensure that
the taxpayers receive positive return on their investment, the
Committee directs that the DOJ Inspector General shall have a
permanent non-voting seat on the Board.
NARROWBAND COMMUNICATIONS
Appropriations, 2005....................................     $98,664,000
Committee recommendation................................      90,000,000
The Committee recommends an appropriation of $90,000,000.
The recommendation is $8,664,000 below the fiscal year 2005
This account centrally funds development, acquisition,
deployment, and operation and maintenance of the Justice
Department's narrowband wireless communications network.
The Committee is encouraged by the recent success of the
Seattle-Blaine Washington Pilot, and the implementation of a
plan built upon the lessons learned in that pilot. That plan,
if implemented successfully, will provide a tactical
communications capability supporting Federal law enforcement
and homeland security personnel and their expanded or refined
mission requirements, not the least of which is communications
interoperability. An integrated wireless network will serve as
the day to day tactical communications network for the
Department, replacing an outdated and antiquated legacy system.
Public Law 102-538 requires all Justice components operating
land mobile radio systems in the VHF band to convert to
narrowband. Given that this program is still in the early
stages of deployment, the amount of funding provided will be
sufficient. Should additional funding be necessary to meet this
deadline, however, the Committee will consider the use of
existing resources, subject to section 505 of this Act for this
ADMINISTRATIVE REVIEW AND APPEALS
The recommendation is $15,045,000 above the fiscal year 2005
funding level and identical to the budget request.
The Executive Office for Immigration Review [EOIR] includes
the Board of Immigration Appeals [BIA], immigration judges, and
administrative law judges who decide through administrative
hearings whether to admit or exclude aliens seeking to enter
the country, and whether to deport or adjust the status of
aliens whose status has been challenged. This account also
funds the Office of the Pardon Attorney which receives,
investigates, and considers petitions for all forms of
executive clemency.
The Department of Homeland Security's [DHS] increased
immigration enforcement activities, in addition to significant
increases in DHS agents, investigators, detention bed spaces,
and advanced surveillance on the border, has resulted in an
increase in the detention and removal of large numbers of
criminal and other illegal aliens. The Committee expects this
trend to continue. The success of more active and new DHS
assets results in large workload increases to EOIR's
immigration court and appellate caseloads. The Committee
therefore supports the large funding increase requested by the
DETENTION TRUSTEE
Supplemental appropriations, 2005.......................     184,000,000
Budget estimate, 2006...................................   1,222,000,000
House allowance.........................................   1,222,000,000
Committee recommendation................................   1,222,000,000
The Committee recommends an appropriation of
$1,222,000,000. The recommendation is $347,840,000 above the
fiscal year 2005 funding level, excluding emergency
supplemental appropriations and identical to the budget
request.
The Detention Trustee oversees Federal detainees.
The Committee is concerned about the Department of
Justice's ability to anticipate the true funding needs for this
account and directs the Detention Trustee to continue efforts
to improve its current formulas. The Committee will consider
the use of existing resources should additional funding be
required, subject to Section 505 of this Act.
The Committee directs the Detention Trustee to report to
the Committee on a quarterly basis the number of individuals in
the detention trustee system, the projected number of
individuals, and the annualized costs that are associated with
Efficiency.--The Committee reiterates its position that any
construction, planning, supporting, or contracting of new
detention facilities is not an allowable use of funds provided
under this account and directs the Detention Trustee to
withdraw any solicitations for such activities.
Budget estimate, 2006...................................      67,431,000
House allowance.........................................      66,801,000
funding level and $3,000,000 above the budget request.
The Office of Inspector General [OIG] has jurisdiction over
employees in the Department of Justice [DOJ]; Federal Bureau of
Investigation [FBI]; Drug Enforcement Administration [DEA];
Federal Bureau of Prisons; United States Marshals Service
[USMS]; Bureau of Alcohol, Tobacco, Firearms and Explosives
[ATF]; United States Attorneys Offices; and other offices,
boards and divisions. The OIG investigates alleged violations
of criminal and civil law, fraud, waste, and abuse, as well as
ethical standards arising from the conduct of Department
employees in their numerous and diverse activities.
Virtual Case File and Sentinel Oversight.--The Committee
continues to be concerned about the FBI's failed efforts to
upgrade its information technology [IT] infrastructure. In
particular, the Committee is troubled by the FBI's failure to
replace its antiquated paper-based case management system with
an electronic case management system. Reviews by the OIG found
that the FBI failed to create and deploy the Virtual Case File
[VCF] after spending more than 3 years and $170,000,000. The
VCF was intended to be the backbone of the FBI's IT systems,
with VCF case data shared electronically throughout the FBI to
enable easy association of case information for analysis. In
addition to the $170,000,000 spent in the failed effort to
implement VCF, the FBI's inability to develop a workable
automated case management system has resulted in the FBI's
continued lack of the critical tools necessary to maximize its
criminal investigative and national security missions. In light
of this failure, there are legitimate questions about the FBI's
ability to successfully develop IT in a timely and cost
efficient manner. In particular, the Committee is concerned
about the FBI's efforts to develop Sentinel, the successor case
management system to the VCF. In addition, the Committee is
mindful of the approximately $2,500,000,000 the DOJ spends
annually on various IT projects, an amount representing
approximately 11 percent of the total Department budget.
Therefore, the Committee has provided the OIG with a program
increase of $3,000,000 for staff and necessary contractors to
conduct ongoing oversight of the investment in, and development
of, the Department's IT systems. The Committee directs the OIG
to provide periodic reports on the progress of the FBI's
Sentinel project, including assessments of its enterprise
architecture, project scope, and contracting practices to help
ensure that key milestones are met, that the project stays
within its projected budget, and that the system will do what
is promised when implemented.
The Committee directs the OIG to compile and present to the
Committee all research, plans, studies, and evaluations that
the Department has produced, or is in the process of producing,
concerning its IT systems, needs, plans, and initiatives. It is
imperative that the Committee know the depth and scope of the
problems DOJ has experienced in the formulation of its IT plans
so that it can make informed decisions about the DOJ's IT
requests in fiscal year 2006 and beyond.
The Committee directs the OIG to review and assess how well
the investigations conducted by the DEA Mobile Enforcement
Teams, FBI Safe Street Investigations, the USMS Fugitive Task
Forces, and ATF Violent Crimes Impact Teams were coordinated.
In light of extremely limited resources, the activities and
investigations of these agencies must be coordinated in order
to ensure that these agencies are not wasting resources or
manpower performing overlapping or similar roles and missions.
Resources must be leveraged and efficiencies maximized through
coordination of agencies' efforts.
The Committee continues to be supportive of the OIG and the
critical role this office provides in overseeing the DOJ. The
Committee will entertain requests for additional funding should
it become necessary during the fiscal year.
United States Parole Commission
The recommendation is $504,000 above the fiscal year 2005
funding level and $300,000 below the budget request.
The Commission is an independent body within the Department
of Justice which makes decisions regarding requests for parole
and supervision of Federal prisoners.
The Committee has provided $176,000 to expand the
Commission's contribution to the administration of permanent
supervised release cases in the District of Columbia.
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
This appropriation funds the establishment of litigation
policy, conduct of litigation, and various other legal
responsibilities, through the Office of the Solicitor General,
the Tax Division, the Criminal Division, the Civil Division,
the Environmental and Natural Resources Division, the Civil
Rights Division, the Office of Legal Counsel, and Interpol.
The Committee recommendations, by Division, are displayed
in the following table:
LEGAL DIVISIONS
[In thousands of dollars]
Office of the Solicitor General.........................           8,399
Tax Division............................................          81,548
Criminal Division.......................................         143,692
Civil Division..........................................         192,481
Environment and Natural Resources Division..............          94,387
Office of Legal Counsel.................................           5,900
Civil Rights Division...................................         110,457
INTERPOL USNCB..........................................          11,000
Office of Dispute Resolution............................             381
Total.............................................         648,245
During fiscal year 2005, the Committee denied a
reprogramming request to transfer 32 attorney positions from
the Legal Activities Offices to the United States Attorneys
[USAs]. The budget request assumes the transfer of 100
additional positions from Legal Activities to the USAs. The
Committee denies the budget request to transfer these positions
to the United States Attorney Offices [USAOs], and instead has
provided additional funds in the Legal Activities account.
These divisions provide expertise to the entire Federal
Government and to all 93 of the USAOs. To disperse these
critical resources permanently to the field may provide a
short-term gain in resources and expertise to a particular
field office, but the long-term loss of the institutional
knowledge and resources across the entire Federal Government is
inadvisable. If the Department wishes to provide resources to
the USAOs, it should request them directly through the regular
appropriations process and not reduce resources from a critical
function to fund another function. During the last year, the
Committee has increased the Legal Activities office by as much
as 132 positions and has provided $3,787,000 in additional
resources to support these personnel. The Committee directs
that these new resources be dedicated to counterterrorism,
intelligence, immigration litigation, spent nuclear fuel cases,
and tribal trust fund litigation.
To ensure that these critical positions are filled in a
timely manner, the Committee directs that within 30 days of
enactment of this Act, and every 30 days thereafter, the
Solicitor General shall submit a report to the Committee that
provides a hiring plan, the number of vacancies by division,
and the efforts undertaken to fill those vacancies.
The Committee directs that, within 120 days of enactment of
this Act, the Criminal Division's Counterterrorism Section
shall submit to the Committees a detailed report of their
review of Terrorism Enterprise Investigations, particularly as
they relate to domestic-based terrorist groups.
Crimes Against Children.--The Committee recommendation
provides an additional $1,500,000 for the criminal division to
target, prosecute, and seize the assets of those who commit
crimes against the youngest and most vulnerable members of our
Should additional resources be needed in this account, the
Committee would encourage the Department to seek a
reprogramming under the authorities provided by section 505 of
this Act.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
Appropriations, 2005....................................      $6,249,000
Budget estimate, 2006...................................       6,333,000
House allowance.........................................       6,333,000
Committee recommendation................................       6,333,000
The Committee recommends a reimbursement of $6,333,000 for
legal costs. The recommendation is $84,000 above the fiscal
year 2005 funding level and identical to the budget request.
This account covers Justice Department expenses associated
with litigating cases under the National Childhood Vaccine
Injury Act of 1986 (Public Law 99-660).
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.
Appropriations, 2005....................................  $1,526,849,000
$1,572,654,000. The recommendation is $45,805,000 above the
fiscal year 2005 funding level and $53,492,000 below the budget
request. The recommendation includes the proposed
administration salary increases and denies the transfer of
$86,000 to the Office of Dispute Resolution.
This account supports the Executive Office for U.S.
Attorneys and the 94 U.S. Attorneys offices throughout the
United States and its territories. The U.S. Attorneys serve as
the principal litigators for the U.S. Government for criminal
and civil matters. As in past years, the Committee directs the
U.S. Attorneys to focus their efforts on those crimes where the
unique resources, expertise, or jurisdiction of the Federal
Government can be most effective. The Committee directs that
the resources provided be directed to the highest priorities of
the USAs.
Violent Crime Task Forces.--The Committee recommendation
includes $1,500,000 to continue and expand task force
activities associated with Operation Streetsweeper.
Cybercrime and Intellectual Property Enforcement.--The
Committee recommendation includes $10,000,000 within available
resources for the continued pursuit of Federal copyright law
violations and software counterfeiting crimes, subject to
section 505 of this Act. EOUSA shall report to the Committee on
Appropriations not later than April 30, 2006, on the number,
type, and location of copyright prosecutions undertaken in the
preceding year.
UNITED STATES TRUSTEE SYSTEM FUND
funding level and $8,175,000 below the budget request.
The United States Trustee Program, authorized by 28 U.S.C.
581 et. seq., is the component of the Justice Department with
responsibility for protecting the integrity of the bankruptcy
system by overseeing case administration and litigating to
enforce the bankruptcy laws. In fiscal year 2006, the U.S.
Trustee Program will participate in an estimated 1.5 million
business and consumer bankruptcy case filings. To carry out its
duties in these cases under the Bankruptcy Code (title 11) and
title 28 of the United States Code, the U.S. Trustee Program is
organized into three levels: the Executive Office for United
States Trustees in Washington, DC; United States Trustees in 21
regions whose geographic jurisdiction is established by
statute; and 95 field offices, which cover 150 court sites and
280 other administrative hearing locations.
With the enactment of the Bankruptcy Abuse Prevention and
Consumer Protection Act of 2005, Public Law 109-8, the U.S.
Trustee Program will implement and enforce 6 key features of
the Act: Means Testing; Credit Counseling; Debtor Education;
Small Business Chapter 11 Provisions; Debtor Audits; and Data
Collection, Evaluation, and Reports.
The Committee recommendation includes $2,000,000 for
information technology [IT] infrastructure improvements, such
as enhancements to IT security, bandwidth, and the Automated
Case Management System. To ensure these improvements are
consistent with the Department's overall IT approach and
architecture, the Committee directs the U.S. Trustee to consult
with the Office of the Chief Information Officer prior to the
obligation of any of these funds.
The Committee understands that representatives of the
Administrative Office of the U.S. Courts and the Department of
Justice have been exploring the use of data-enabled forms, or
``smart forms'', that will reduce the amount of manual review
necessary to implement the Bankruptcy Abuse Prevention and
Consumer Protection Act, streamline internal business and case
management processes, and enhance statistical reporting
capabilities. The Committee supports these efforts and
encourages the continued use of IT to leverage resources of all
participants in the Federal judicial system.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The Committee recommends an appropriation of $1,270,000.
The recommendation is $67,000 above the fiscal year 2005
funding level and identical to the budget request. The
recommendation fully provides for the adjudication of claims
against: Germany relating to World War II; Cuba relating to the
Castro regime; and Iraq relating to the U.S.S. Stark incident
and Desert Shield/Storm.
The Foreign Claims Settlement Commission settles claims of
American citizens arising from nationalization, expropriation,
or other takings of their properties and interests by foreign
governments.
United States Marshals Service
Supplemental appropriations, 2005.......................      11,935,000
funding level, excluding emergency supplemental appropriations,
and $14,056,000 below the budget request.
The core missions of the U.S. Marshals Service [USMS]
include the apprehension of fugitives, protection of the
Federal judiciary, protection of witnesses, execution of
warrants and court orders, and the custody and transportation
of accused and unsentenced prisoners.
The Committee is concerned that workloads in local USMS
offices exceed current staffing levels, raising questions
regarding the distribution of funds to local offices, current
restrictions on overtime pay, and staffing levels. The
Committee directs the USMS to submit a report no later than
March 31, 2006, detailing how funds are allocated to local USMS
offices, how full time equivalents and other positions are
distributed among these offices, and all policies regarding
restrictions on overtime pay.
The recommendation does not support the Marshal's proposal
to collapse its current decision units.
The Committee notes that in previous years, funding
allocated for specific activities has not been released in a
timely fashion preventing operational units from initiating
action before the end of the fiscal year. The USMS is strongly
encouraged to expedite the release of these appropriated funds
to ensure that the funds can be used for their intended
purposes.
Protection of the Judicial Process.--The Committee
recommends an appropriation of $586,481,000 for the protection
of the judicial process. The recommendation is $22,375,000
above the fiscal year 2005 funding level and is identical to
the budget request. Recent events prove the need for increased
judicial security. The Committee notes that $11,935,000 was
provided in the ``Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Tsunami Relief Act,
2005'' (Public Law 109-13) for increased judicial security
outside of courthouse facilities to better detect, assess, and
respond to threats and inappropriate communications made to
judges.
Hazardous Response Unit [HRU].--Last year, the Committee
directed the transfer of the HRU to the Special Operations
Group [SOG]. SOG has the expertise to handle the HRU mission. A
separate and duplicative HRU unit is unnecessary. The Committee
instructs the USMS to complete this transfer by assigning all
HRU positions to SOG both administratively and geographically.
All former HRU positions, which have been filled by the date of
enactment of this Act, shall be stationed at the Tactical
Operations Center at Camp Beauregard, Louisiana. No further HRU
positions shall be filled and the HRU program shall be
terminated.
Courthouse Security Equipment.--This subaccount funds
security equipment, telephone systems, and cabling. The
Committee recommendation provides $13,130,000 for courthouse
security equipment. Each year hereafter, not less than this
level of funding shall recur for USMS courthouse security
equipment and Central Courthouse Management Group positions.
The Committee has included bill language requiring that out-
year budget estimates for courthouse security equipment be
submitted by the Attorney General for fiscal year 2007 and each
year thereafter as part of the annual budget submission process
for all USMS courthouse security equipment needs.
The recommendation will outfit courthouses in the following
USMS COURTHOUSE SECURITY EQUIPMENT
Detainee Facilities:
Washington, DC......................................              85
Savannah, GA........................................             965
Cape Giradeau, MO...................................              80
Yuma, AZ............................................             100
Victoria, TX........................................             309
Lafayette, IN.......................................             150
Redding, PA.........................................             480
Columbus, OH........................................             200
Cedar Rapids, IA....................................             200
Manhattan (Old Foley Square), NY....................             168
Gulf Coast Regional Fugitive Task Force.............             305
Subtotal, detainee facilities.....................           3,042
Nationwide Security Maintenance.........................           4,800
Nationwide Security Repair..............................             800
Nationwide Security Engineering Services................             700
Occupational Health and Safety..........................           1,982
Information Classified Security Program.................             806
Detention Locks and Hardware Maintenance................           1,000
TOTAL, USMS Security Equipment....................          13,130
The Committee expects to be consulted prior to any
deviation from the above table.
Fugitive Apprehensions.--The USMS is authorized to locate
and apprehend Federal, State, and local fugitives both within
and outside of the United States. The Committee has long
supported the exceptional fugitive apprehension efforts of the
USMS. The Committee notes that while much public attention has
been focused on the USMS's responsibility to protect the lives
of judges and their families, it is the also the USMS's
responsibility to protect members of the public from proven
life-threatening fugitives. Of the total funds provided for the
USMS, the Committee recommendation includes the following
increases:
--$2,400,000 for the 5 existing Regional Fugitive Task Forces
for training, State and local overtime, equipment,
communications, vehicles, contractor support and
supplies and to support District Fugitive Task Forces;
--$2,200,000 for the existing 5 Regional Fugitive Task Forces
for a total of 15 new positions;
--$500,000 for the Analytical Support Unit for additional
commercial database services;
--$210,000 for the Analytical Support Unit for 2 additional
analysts and support personnel;
--$3,100,000 for the Technical Operations Group for
equipment, maintenance and increased circuit costs; and
--$900,000 for the Technical Operations Group for 6 new
Over the past few years, the Committee has established and
funded regional task forces in New York City, Los Angeles,
Chicago, Atlanta, and Washington, DC. These task forces are
dedicated full-time to the pursuit of the most dangerous
fugitives and operated as regional task forces administered by
headquarters. The Committee notes the absence of such a task
force in the Gulf of Mexico region. To address this gap in
fugitive apprehension coverage, the Committee instructs the
USMS to establish a new Gulf Coast Regional Fugitive Task Force
to be headquartered in Birmingham, AL. The Committee
recommendation includes $8,851,000 for the establishment of
this new Task Force. These funds are in addition to funds
provided under Courthouse Security Equipment and USMS
Construction. Of the funds provided under this section for the
establishment of this Task Force, $4,998,000 is provided to
support 37 new positions (22 of which shall be based in
Alabama) and 19 full-time equivalent positions, and $3,528,000
is provided for other start-up and operational costs.
Interagency Crime and Drug Enforcement.--A total of
$2,072,000 was requested under the Interagency Crime and Drug
Enforcement account to increase the USMS' participation in the
Organized Crime and Drug Enforcement Task Forces [OCDETF].
However, this funding would be better spent on base salaries
and expenses for USMS for fugitive apprehension. The
recommendation therefore provides the requested increase for
this purpose.
High Threat Events.--The Committee supports the use of
existing resources to meet the needs of high threat events,
subject to section 505 of this Act.
Budget estimate, 2006...................................................
House allowance.........................................................
funding level and $12,000,000 above the budget request.
The recommendation provides funding for construction in
space controlled, occupied, or utilized by the USMS in United
States courthouses and Federal buildings, including but not
limited to the creation, renovation, and expansion of prisoner
movement areas, elevators, sallyports, staff offices, and other
law enforcement and court security support space. As in prior
years, the Committee's intent is to provide for all
construction activity to support the mission of the USMS in
protection of the Federal judiciary and other law enforcement
activities. The Committee understands that, due to the inherent
nature of construction, slippages may occur in the construction
schedule. As in the past, funds may be directed to other
locations as needed. However, USMS is directed to notify the
Committee of such slippages and of the plans to redirect such
funds prior to the expenditure of those funds in accordance
with section 505 of this Act.
The Committee has included bill language requiring that
out-year budget estimates for construction projects be
year thereafter as part of the annual budget justification
materials for each USMS courthouse construction, relocation,
and furniture need.
Under this account, the Committee recommendation includes
$2,925,000 for the establishment of the Gulf Coast Regional
Fugitive Task Force. These funds will support the rent and/or
construction of office space in five locations, a local area
network and high speed communications link, and office
furnishings.
The Committee is intent on remedying courthouse
deficiencies overlooked by USMS for years before a tragedy
occurs. The Committee recommendations, by project, are
displayed in the following table:
USMS CONSTRUCTION
Durham, NC..........................................           1,250
Victoria, TX........................................               4
Redding, PA.........................................           1,100
Manhattan [Old Foley Square), NY....................           1,175
Wilmington, NC......................................               5
Tulsa, OK...........................................             675
Norfolk, VA.........................................             275
Cincinnati, OH......................................             500
Harrisburg, PA......................................             685
Honolulu, HI........................................             400
Philadelphia (Byrne), PA............................              54
Gulf Coast Regional Fugitive Task Force.............           2,925
Subtotal, construction............................          10,513
Architectural and Engineering Services..................             956
Minor repair construction...............................             531
TOTAL, USMS Construction..........................          12,000
The Committee considers this recommendation 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
table.
FEES AND EXPENSES OF WITNESSES
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.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
The Community Relations Service provides assistance to
communities and persons in the prevention and resolution of
disagreements relating to perceived discriminatory practices.
ASSETS FORFEITURE FUND
Supplemental appropriations, 2005.......................     -40,000,000
This account provides funds to supplement existing
resources to cover additional investigative expenses of the
Federal Bureau of Investigation, Drug Enforcement
Administration, and U.S. Marshals Service, such as awards for
information, purchase of evidence, equipping of conveyances,
and investigative expenses leading to seizure. Funds for these
activities are provided from receipts deposited in the assets
forfeiture fund resulting from the forfeiture of assets.
Expenses related to the management and disposal of assets are
also provided from the assets forfeiture fund by a permanent
indefinite appropriation.
INTERAGENCY DRUG ENFORCEMENT
The recommendation is $113,342,000 below the fiscal year 2005
fund level and $221,743,000 below the budget request. This
amount represents the Justice portion of the fiscal year 2005
enacted level.
In the aftermath of the September 11, 2001, terrorist
attacks against the United States, the Federal Government
reorganized in an effort to more efficiently carry out its
varied missions. In the area of counterterrorism, in
particular, the Government made a number of changes and
combined or consolidated agencies with similar missions to
reduce redundancy and increase effectiveness. In this era of
limited resources, these same objectives should be applied to
the area of drug law enforcement.
The Organized Crime Drug Enforcement Task Force [OCDETF]
program was initiated in the early 1980's to enhance inter-
agency cooperation and coordination in drug investigations and
prosecutions. Now, over 20 years later, the landscape is much
different than when OCDETF was first created. Interagency
cooperation is now routine and a funding mechanism to force
cooperation is unnecessary. Furthermore, several traditional
OCDETF partners have shifted their focus to counterterrorism
work, leaving the Drug Enforcement Administration [DEA] as the
leader of our drug investigations. DEA currently participates
in over 90 percent of all OCDETF investigations, and is the
lead or co-lead agency in over 80 percent of the
investigations.
It is time to place the responsibility for the entire
OCDETF program, including the Drug Fusion Center, within DEA.
Placing the OCDETF program within DEA will ensure greater
coordination, reduce unnecessary bureaucracy, and streamline
management of drug enforcement investigations. Further, the
Committee directs the personnel of the Executive Office for
OCDETF to report to the Administrator of the DEA, or their
designee.
The Committee expects that the efficiencies created by
merging these two organizations should easily generate the
savings necessary to cover any shortfall. The recommendation
does not provide funding for the Department of Homeland
Security or the Department of Treasury to participate in the
OCDETF program, as those resources ($87,652,000) were provided
directly to those agencies in their budget requests. While the
Committee supports the High Intensity Drug Trafficking Areas
[HIDTA] program the recommendation does not transfer the HIDTA
program to the OCDETF account as proposed in the budget.
The Committee denies all programmatic increases and denies
all requests to transfer funds from other law enforcement
operations. The reality of scarce resources requires the
Committee to allocate those resources to the highest priority
threats. The leaders of the OCDETF partner agencies should have
the flexibility to determine how to meet their critical mission
requirements. Should partner agencies determine that their
OCDETF related activities are a high enough priority, then the
Committee would encourage those agencies to reallocate
resources accordingly.
The Committee recommendations, by agency, are displayed in
the following table:
Alcohol, Tobacco, Firearms and Explosives...........          11,228
Drug Enforcement Administration.....................         179,115
United States Marshals Service......................           6,670
Federal Bureau of Investigation.....................         115,859
Subtotal, investigations..........................         312,872
Prosecutions:
Criminal Division...................................           2,702
Tax Division........................................             975
United States Attorneys.............................         118,083
Subtotal, prosecutions............................         121,760
Administrative Support: Executive Office................           5,565
Total, Interagency Drug Enforcement...............         440,197
supplemental appropriations and $395,619,000 below the budget
The Federal Bureau of Investigation [FBI] has made
significant strides in its efforts to transform itself from an
agency whose primary mission was investigating crimes to one
whose top priority is preventing terrorism. However, more can
be done. Over the past 5 years, the FBI's budget has grown by
$2,000,000,000. Despite this astounding 66 percent budget
increase, the FBI still has not permanently realigned its
workforce to reflect its new priority missions and resource
utilization trends.
In addition, the Bureau continues to struggle with hiring,
training, equipping, and retaining talent. These deficiencies
were recently highlighted in reports by the Department of
Justice Office of Inspector General as well as the National
Academy of Public Administration. The Committee therefore
targets funding increases on programs that can strengthen and
leverage the FBI's existing workforce rather than on increases
that continue to fund this unmanageable and unsustainable
The recommendation includes an increase of $161,578,000 for
adjustments to base to support the FBI's current operating
level as well as the proposed cost-savings initiatives and
offsets. The Committee does not include the administration's
proposal to transfer $50,000,000 from this account to the
Organized Crime and Drug Enforcement Task Forces account or the
accompanying proposal to reduce the FBI's direct budget for the
criminal program by $67,000,000. This funding is instead
redirected towards other priority increases as discussed in
detail below.
The Committee supports the FBI's proposal to eliminate
lower-priority missions, enabling the Bureau to request
additional enhancements for other programs. While redirecting
resources would be more effective than eliminating existing
positions to create new ones (similar to the FBI's practice of
cutting base programs only to request those cuts again as
program increases), the Committee adopts the proposal.
Virtual Case File.--The public failure of the FBI's
software development efforts leaves unfulfilled the need of FBI
agents for capabilities comparable to those found in any
private company. This failure highlighted, once again, that the
FBI did not have the information technology [IT] strength to
properly manage, much less develop, software. For Trilogy and
the Virtual Case File [VCF], the FBI used a succession of
industry experts to bolster its in-house talent and disaster
still ensued, in large part because leadership trumped their
judgments and decisions to the detriment of the program. Now,
the FBI is planning to seek a reprogramming of $90,000,000 to
begin another software development program, a successor to VCF,
dubbed Sentinel. The Committee is understandably hesitant to
charge so quickly down this path again.
The FBI has made certain notable improvements. First, the
FBI brought in a skilled Chief Information Officer [CIO] and
granted him the authority and independence to effectively
oversee IT, including Sentinel, throughout the FBI. Second,
under the CIO's leadership, Sentinel has thus far been designed
and seems to address many of the problems that led to VCF's
failure, such as independent verification of requirements and
cost estimates, phased in development and deployment, and
commercial off-the-shelf rather than custom software. Cost
estimates for full deployment, however, are still unknown.
To ensure success, the FBI must have program management
``bench strength'' before Sentinel moves forward. An additional
$7,000,000 is therefore included to enhance the Office of the
CIO. The Committee also expects the FBI to use the enhanced pay
authorities provided in fiscal year 2005, as well as the new
authority provided this year regarding the Senior Executive
Service, to enhance and stabilize the Office of the CIO. Of the
$90,000,000 in FBI funds identified to initiate Sentinel,
$73,502,000 is rescinded, but may be transferred back to the
FBI out of funds available to the Committee to develop Sentinel
when cost estimates are known and program management is in
Secure Networks.--For the FBI to effectively perform its
intelligence mission, the FBI must be able to communicate and
share sensitive and classified information internally as well
as with other intelligence and law enforcement agencies. The
Committee is concerned that only one-third of FBI employees
have access to the Internet through the FBI's sensitive but
unclassified network [SBUNet]. The recommendation therefore
includes an additional $7,679,000 for SBUNet and $20,000,000
for the Top Secret/Sensitive Compartmented Information
Operational Network.
Law Enforcement On-line.--The FBI has the ability to share
critical information and tools through the Law Enforcement
Online [LEO] program. LEO is a 24/7 on-line, real-time,
controlled-access electronic communication tool and data
repository. LEO delivers secure electronic communications
services and distance learning tools to Federal, State and
local law enforcement and public safety communities nationwide.
Within existing resources, the Committee includes an additional
$8,000,000 to upgrade the LEO network with cost effective
solutions to accommodate law enforcement user and content
growth, and to conduct annual security audits, reviews, and
technology assessments to ensure LEO remains compatible with
emerging technologies and customers needs.
Training.--Training is one of the most critical tools for
FBI's transformation. While the FBI has enhanced its
counterterrorism and intelligence training programs for agents
and analysts, problems remain. The FBI does not have the
capacity to train its newly hired agents, analysts, and support
personnel and cannot ensure that its analysts are adequately
trained before being assigned to the field. The Committee
expects the FBI to better coordinate the timing of hiring with
the availability of training.
To enhance the training program and training capacity, the
recommendation includes the requested increases of $5,197,000
for intelligence training, $2,500,000 for national security
training, and $15,000,000 for necessary renovations at the FBI
Academy. In addition, the Committee recommends an additional
$15,108,000 under a separate account to construct a new
regional intelligence and training center.
Directorate of Intelligence.--The fiscal year 2005
Appropriations Act (Public Law 108-447) and the Intelligence
Reform and Terrorism Act of 2004 (Public Law 108-458) created
the Directorate of Intelligence within the FBI to have clear
and broad authority over all FBI intelligence-related
functions. To be successful, the Directorate of Intelligence
must have strong program development and intelligence training
of agents and analysts. The Committee recommendation therefore
includes the requested increase of $11,920,000 to develop
policies and guidance for intelligence collection, analysis,
and dissemination, a strong intelligence curriculum, and
software to support the FBI's collection management and
dissemination strategy. In addition, the $5,197,000 increase
recommended for intelligence training and the $15,108,000
increase recommended for a regional intelligence and training
center discussed above will strengthen the FBI's intelligence
training capability by enhancing basic, specialized, and
advanced intelligence training, as well as regional training
and training for State and local law enforcement agencies.
Cyber Investigations.--Cyber investigations have been
deemed an FBI top priority mission by the FBI and by this
Committee. As such, the Committee was surprised to learn the
FBI imposed funding decreases on the Cyber Division,
particularly to the Special Technologies and Applications
Section [STAS], disproportionate to its mission priority and
impact on counterterrorism efforts. STAS' current funding level
is $35,000,000 below that intended by this Committee. The
Committee directs the FBI to restore the intended funding
levels to STAS and submit a report to the Committees on
Appropriations no later than November 15, 2005, that includes
base funding, appropriated increases, and actual funding levels
for STAS for fiscal years 2001 to 2006. In addition, the report
shall include a detailed account of every funding decrease
imposed on STAS and the justification for those decreases.
Field offices have suffered from these cuts as well.
Funding previously provided for cyber crime task forces has
been withheld, lessening the impact the FBI can have on these
investigations. The Committee therefore directs the FBI to
establish a cyber crime task force in Birmingham, AL. The FBI
shall report back to the Committee on its progress within 60
days of the enactment of this Act.
The recommendation provides an increase of $2,690,000 for
the Innocent Images National Initiative [IINI] to expand field
training programs, strengthen interagency partnerships with law
enforcement partners, and provide increased operational support
to the field. IINI is an intelligence-driven, proactive, multi-
agency investigative initiative to combat the proliferation of
child pornography and child sexual exploitation facilitated by
an online computer. The IINI provides centralized coordination
and analysis of case information that by its very nature is
national and international in scope, requiring unprecedented
coordination throughout the FBI, as well as with State, local,
and international governments.
Child Exploitation and Obscenity Investigations.--In
coordination with the Department of Justice Criminal Division's
Child Exploitation and Obscenity Section [CEOS] and the
National Center for Missing and Exploited Children [NCMEC], the
FBI has implemented the ``Innocent Lost'' initiative, which is
intended to address the growing problem of domestic child
prostitution. The FBI provides the investigative aspect of the
initiative, while DOJ-CEOS commits the prosecutorial resources
and the NCMEC provides training for the participating field
offices. The recommendation includes an additional $1,604,000
to more aggressively identify, investigate, and prosecute
crimes of this nature.
Language Services.--Language translation is a critical
component for the FBI's intelligence, counterterrorism,
counterintelligence, and other programs. Funding requirements
for this program, however, have been inconsistent. The
Committee has provided significant funding increases only to
have them non-recurred in the subsequent fiscal year. The
Committee directs the FBI to develop a plan to stabilize
funding for this program and submit a reprogramming of existing
resources once its true requirements are known, subject to
section 505 of this Act.
Legal Attache Offices.--The Committee is aware of the
important role of the FBI's Legal Attache [Legat] offices,
particularly in receiving and pursuing investigative leads in
support of the war on terrorism. The Committee supports
redirecting existing resources within the Legat program to
create new offices or expand existing offices that better meet
the FBI's priority missions, subject to section 505 of this
Requested increases of $1,905,000 are recommended to
enhance information technology infrastructure at existing Legat
offices to ensure the sharing of data between headquarters,
field offices, other Legats, and other foreign and domestic law
enforcement entities.
Criminal Justice Information Services Division.--The
Committee recommendation includes $395,700,000, including fee
collections, for the Criminal Justice Information Services
Division [CJIS]. As in previous years, under no circumstances
is the FBI to divert funding collected through the CJIS user
fee for any purpose other than CJIS, its refreshment plan, or a
subsequent modernization plan for the current facility.
Automated Biometric Identification System/Integrated
Automated Fingerprint Identification System.--Last year, the
Committee directed the Department to submit a report on the
existing capacity of IAFIS, the expected impact US VISIT may
have on the system, and any additional costs necessary to
increase IAFIS's capacity to meet that impact. The Committee
has yet to receive this report. Since the Department has been
unable to deliver this report in a timely fashion, the
Committee now directs the FBI to submit this report within 90
days of the enactment of this Act. In the meantime, the
Committee recommends the requested increase of $16,808,000 for
the Next Generation IAFIS project which will improve the speed
and accuracy of IAFIS, expand the data available in the system,
and improve its latent print capabilities.
Hazardous Devices School.--The Hazardous Devices School
[HDS] trains bomb technicians from around the world to locate,
identify, render safe, and dispose of improvised explosive
devices, as well as learn to use specialized equipment and
protective clothing needed for the safe disposal of explosive
materials. To ensure HDS has leading edge technology to match
this critical mission, the recommendation includes $5,125,000
within existing resources to develop, produce, and deploy a
simulated training module that will enhance its training
program, subject to section 505 of this Act.
Intellectual Property Rights.--Industrial espionage, by
both erstwhile friends and obvious foes, has become the growth
industry in the counterintelligence world. The struggle for
domination among major powers is now played out in largely
economic terms. Ideas and innovation are the sinews of national
strength. Within available resources, $5,000,000 shall be
available to combat industrial espionage and other threats to
the intellectual property rights of manufacturers and
researchers in the United States, subject to section 505 of
End Strength.--The Committee notes that the fiscal year
2006 budget request includes a substantial number of ``hollow''
work years. Once again, the FBI will be unable to reconcile its
actual budget with artificial manpower levels. The Committee
therefore strikes previous bill language that includes these
artificial levels and directs the Bureau to eliminate all of
the hollow work years from its books to avoid another year of
budget shortfalls. The FBI shall report back to the Committee
on its adjusted end strength not later than November 1, 2006.
The Committee recommends an appropriation of $25,213,000
for Federal Bureau of Investigation [FBI] construction. The
recommendation is $15,107,000 above the fiscal year 2005
funding level and $15,108,000 above the budget request. Of this
amount, $5,105,000 shall be for general operations and
maintenance of FBI facilities, $5,000,000 shall be for a
chemical and biological evidence handling and storage facility
to be co-located with comparable facilities in existence for
sampling, handling, and receipt of hazardous material by the
Department of the Army, and $15,108,000 shall be for the
planning, design, and construction of a regional intelligence
and training center at Redstone Arsenal.
Supplemental appropriations, 2005.......................       7,648,000
supplemental appropriations, and $45,014,000 below the budget
request. The recommendation includes $201,673,000 for Drug
Enforcement Administration's [DEA] Drug Diversion Control Fee
Account. The recommendation is $47,457,000 above the fiscal
year 2005 funding level and $3,107,000 above the budget
Within the amounts provided, the Committee recommends a
reduction of $19,054,000, as requested by DEA, for a transfer
of programs from the ``Salaries and Expenses'' account to the
``Diversion Control Fee Account.'' In addition, the Committee
has included a reduction of $2,501,000, as requested by DEA,
relating to anticipated savings from e-Training and e-Travel
initiatives. The Committee has also included the efficiencies
identified by DEA totaling $4,520,000 for improving management
systems. Finally, the Committee has included the reductions
proposed by DEA in the following areas: elimination of the
demand reduction program ($9,297,000); elimination of the
purchase of vehicles for State and local task forces
($1,264,000); and the reduction of the mobile enforcement team
program ($29,103,000).
Air Assets.--DEA's mission is to disrupt and dismantle the
major drug trafficking organizations responsible for supplying
the bulk of illegal drugs that enter the United States. The
Committee strongly supports this mission, but is concerned
about the serious lack of air assets available to DEA agents
stationed in key transit countries. To be most effective in
these locations, DEA must be able to react quickly to
traffickers' movements to intercept and deny large shipments of
drugs bound for the United States. Due to other pressing
demands, the air assets of the Defense Department and other law
enforcement agencies are not generally available for DEA's use,
leaving DEA unable to respond to important enforcement
opportunities. The Committee directs the DEA to provide a
report by April 1, 2006, on the availability of air assets,
both its own and those of other agencies, to meet its demands
for squad-size deployments of DEA agents in key transit zone
Overseas Rightsizing.--The Committee recommendation
includes an additional $9,705,000, above the fiscal year 2005
funding level to support the annualized costs associated with
reallocating positions from domestic to foreign units. DEA's
reorganization efforts or ``rightsizing'' have reallocated 17
positions from one foreign location to another and 63 positions
from DEA domestic offices to various foreign offices where
mission requirements, workload, and changes in global
trafficking patterns call for an enhanced response. This
realignment will enable DEA to establish additional task forces
in Bogota, Colombia, Mexico City and Cartagena, Mexico, to
address the growing and immediate threat posed to the United
States by heroin trafficking and money laundering organizations
in the region.
Operation Containment.--The Committee recommendation
includes an additional 17 positions and $4,221,000, above the
fiscal year 2005 funding level to establish base funding for
DEA's presence in Afghanistan. These funds will provide for the
training and mentoring of Afghan counter-narcotics police
officers. Afghanistan produces up to 87 percent of the world's
illicit opium and these additional resources will assist DEA in
its efforts to prevent Afghanistan from becoming a major
supplier of illicit drugs to the United States. Resources and
manpower are also provided for combating Southeast Asian heroin
trafficking, as well as providing continued support to the
Sensitive Intelligence Units in Uzbekistan, Kyrgyzstan, and
Tajikistan.
Foreign Advisory Support Teams.--The Committee
recommendation provides an additional $2,000,000 for Foreign
Advisory Support Teams to train Narcotics Interdiction Units in
Afghanistan and support Afghanistan's efforts in destroying
clandestine drug labs and seizing precursor chemicals, opium,
and opiate stockpiles.
Central Asia and the Middle East.--The Committee
recommendation provides an additional 9 positions and
$2,059,000 for enhanced staffing levels for the Afghanistan
enhancement initiative in the Kabul Country Office. This
funding is to allow for closer coordination with the United
States military in the region, and continuing training efforts
in support of the Government of Afghanistan's narcotics
enforcement capabilities. The Committee is aware of a lack of
reliable transportation in this region and therefore has
provided $1,041,000 to begin the establishment of an aviation
capability that will support the mission-critical needs of the
agents in the field. If additional resources are necessary, the
Committee would encourage DEA to seek a reprogramming under the
authorities provided by section 505 of this Act.
Intelligence Sharing.--DEA's ability to gather, analyze,
and share intelligence information with other law enforcement
entities is critical to our efforts to combat the illicit drug
trade. To support these efforts, the Committee recommendation
provides $7,003,000 above the fiscal year 2005 funding level.
The Committee has provided, within this amount, two additional
positions as well as $2,003,000 to update the Narcotics and
Dangerous Drugs Information System. Further, the Committee has
provided $4,000,000 and up to 26 positions for DEA's Speedway
Program which synthesizes data on drug trafficking
organizations and makes it available to all agencies that
participate at DEA's Special Operations Division. This program
enhancement will increase the intelligence analysis capability
of the Speedway Program, and will allow substantial new data
sources to be added, ensuring that the program remains a source
of cutting-edge investigative information. Finally, the
Committee has provided 8 positions and $1,000,000 to enhance
DEA' s ability to conduct investigations of illicit drug sales
via the Internet.
Priority Targeting.--The Committee has included $5,000,000
to fund DEA's priority targeting initiative. The Committee has
provided these critical resources in an effort to strengthen
DEA's investigations of drug trafficking and money-laundering
priority target organizations. DEA must increase its current
efforts to refocus resources on the highest threat drug
organizations, cartels, or individuals that represent the
greatest threat to the United States. Within this amount, the
Committee recommends $4,000,000 for up to 55 additional special
agent positions and for expenses relating to wiretapping and
equipment and other operational expenses.
Methamphetamine.--The recommendation includes, under the
Office of Justice Programs, $20,000,000 for DEA to assist State
and local law enforcement with removal and disposal of
hazardous materials at clandestine methamphetamine labs and to
support a container program that includes training, technical
assistance, and the purchase of equipment to assist in the
removal and storage of hazardous materials.
Diversion Control Fee Account.--In fiscal year 2005, at the
request of the administration, the Congress transferred funding
responsibility for the Chemical Control Program from DEA's
Salaries and Expenses appropriation to the Diversion Control
Fee Account. To allow for an orderly transfer of the funding
responsibility between the two accounts, only a portion of the
Chemical Control program ($15,773,000) was transferred to the
Fee Account in fiscal year 2005. The remainder of the program
($8,726,000) is transferred in the fiscal year 2006 budget. The
Committee recommendation therefore, includes $201,673,000,
which is $3,107,000 above the budget request, for the Diversion
Control Fee Account. This account provides for regulatory
guidance and support to over 1 million legitimate handlers of
controlled substances. The Committee has included funding for
the Diversion Control Enforcement Initiative, as proposed in
the budget.
funding level and $87,000 above the budget request. The
recommendation does not include the fee that was assumed in the
request. Without this fee, the recommendation is $120,087,000
above the budget request.
The mission of the Bureau of Alcohol, Tobacco, Firearms and
Explosives [ATF] is to reduce violent crime, prevent terrorism,
and protect the public. ATF reduces the criminal use of
firearms and illegal firearms trafficking, and assists other
Federal, State, and local law enforcement agencies in reducing
crime and violence. ATF investigates bombing and arson
incidents and provides for public safety by reducing the
criminal misuse of explosives, trafficking in explosives,
combating acts of arson and arson-for-profit schemes, and
removing safety hazards caused by improper and unsafe storage
of explosive materials. ATF enforces the Contraband Cigarette
Trafficking Act which addresses the diversion of cigarette
taxes often involving multi-million dollar trafficking plots,
some of which have been traced to international terrorists.
Should ATF identify additional funding needs, the Committee
would entertain reprogramming under the authorities provided by
Proposed Fees to Fund Existing Law Enforcement
Operations.--The Committee is disappointed by the Department's
proposal of a $120,000,000 legislative fee on the explosives
industry and a permit fee on users to fund existing base
operations and programs of the ATF. The Committee understands
the legislative proposal for the fee has yet to be transmitted
to Congress and that if this fee were enacted today, it would
take 2 years to put the regulatory structure in place before
any funds could be collected. The Committee finds it is
irresponsible to budget for ongoing fiscal year 2006 law
enforcement operations with funds that do not exist. These
types of creative financing schemes create significant problems
for the Committee and could ultimately lead to a disruption to
the Department's law enforcement programs.
Program Offsets.--The Committee recommendation has assumed
the $966,000 in savings proposed by the budget request for e-
travel and administrative training.
Violent Crime Impact Teams.--Violent Crime Impact Teams
[VCIT] were established to support the President's Project Safe
Neighborhoods initiative. VCITs target armed violence in
specific localities with high rates of crime involving
firearms. The Committee is pleased that preliminary statistics
show that, during the 6 month period of the VCIT pilot,
firearms-related homicides in targeted areas dropped an average
of 17 percent. To build upon these early successes, the
Committee recommendation provides an additional $25,300,000 to
expand law enforcement VCITs to 25 cities with the highest
levels of violent firearms related crime. These resources will
assist ATF, along with Federal, State and local law enforcement
agencies and prosecutors to identify the most violent criminals
such as violent gang members, armed career criminals, armed
drug traffickers and illegal firearms traffickers and removing
them from our Nation's streets.
Transfers Related to the Department of Justice [DOJ],
Office of Legislative Affairs.--The Committee denies the
transfer of $500,000 and two personnel to the Department's
Office of Legislative Affairs. These resources can be better
utilized by the Bureau. The Committee has instead transferred
from DOJ Office of Legislative Affairs $500,000 and two
personnel. These employees will be able to acquire practical
experience, develop relationships, and develop an appreciation
for the work of the Department's Bureaus. This will help the
Department better support the mission of its law enforcement
Terrorist Explosives Device Analytical Center.--The
Committee provides $6,000,000 for ATF to establish a base of
funding for the Terrorist Explosives Device Analytical Center
[TEDAC]. In fiscal year 2004, the DOJ and the Department of
Defense established the TEDAC. It was created to coordinate and
manage a unified national effort to gather and technically and
forensically exploit terrorist improvised explosive devices
[IEDs] mainly from Iraq and Afghanistan. TEDAC augments the
U.S. Government's intelligence capabilities in dealing with
IEDs. This funding shall be used to hire agents and other
personnel to work at the TEDAC. The Committee is concerned
about the staffing imbalances and disparate degrees of resource
contribution and management between the two agencies
participating at the TEDAC. If the Department continues to add
seven agents from the Federal Bureau of Investigations [FBI]
for every two agents from the ATF, the direction and management
of the activities and mission of TEDAC will naturally fall to
the FBI by sheer volume of manpower and control. The Committee
hopes that future funding requests for personnel and management
of this joint effort will be more balanced between these two
law enforcement agencies. The Committee continues to be
concerned about the serious lack of information that the TEDAC
has provided to the Federal agents in the field as well as
State and local law enforcement. The DOJ shall submit a report
to the Committee no later than 30 days after enactment of this
Act, that identifies: (1) the number of IEDs recovered and
submitted to the TEDAC; (2) the dates the devices were
recovered and sent to the TEDAC; (3) the dates the devices were
technically and forensically exploited; (4) the number of
completed examinations; (5) the dates the results of
examination were disseminated to State and local first
responders and; (6) a detailed summary of the information
provided in those reports.
Undercover Operations.--The Committee is concerned about a
lack of attention to funding and support for undercover
operations, especially as they relate to overtime pay, monies
used to conduct straw purchases and overall support for the
agents who perform this dangerous mission. The Committee
directs the ATF to submit a report no later than March 31,
2006, detailing how funds are allocated to local ATF offices,
how full time equivalents and other positions are distributed
among these offices, all policies regarding restrictions on
overtime pay, and all policies related to support of undercover
Headquarters Shortfall.--The Committee is aware of a
possible $11,200,000 shortfall relating to the ATF headquarters
project. Limited resources prevent the Committee from
addressing this problem at this time. However, the Committee
encourages the Department to submit a budget amendment to
address this issue.
National Center for Explosives Training and Research.--The
Committee has provided an additional $5,000,000 for site
selection, architectural design, site preparation and a total
cost estimate for the construction of a permanent site for the
National Center for Explosives Training and Research. In
considering site selection, the ATF shall consider a site co-
located with other law enforcement and Federal Government
entities that provide similar training and research. The
dynamic of these collective resources will provide a unique
opportunity to leverage assets, knowledge, and expertise in the
field, providing Federal, State and local law enforcement
explosives expertise at a single location.
Conversion of Records.--The Committee recognizes the need
for ATF to complete the conversion of tens of thousands of
existing Federal firearms dealer out-of-business records from
film to digital images at the ATF National Tracing Center
[NTC]. Once the out-of-business records are fully converted,
search time for these records will be reduced significantly.
The Committee recommendation includes $4,200,000 for the ATF to
hire additional contract personnel to continue the conversion
and integration of records.
Federal Prison System
The Committee recommends a total of $5,115,126,000 for the
Federal Prison System, or Bureau of Prisons [BOP]. The
recommendation is $359,401,000 above the fiscal year 2005
and $360,000,000 above the budget request.
fiscal year 2005 funding level and $6,000,000 below the budget
request. The recommendation includes the proposed cost-savings
initiatives. The recommendation shall be expended in the
following manner:
Inmate Care and Programs..............................         1,789,523
Institution Security and Administration...............         2,276,037
Contract Confinement..................................           641,867
Management and Administration.........................           182,222
Total, Salaries and Expenses....................         4,889,649
Inmate Population.--The Committee recommends an additional
$37,194,000 to cover the costs of the increasing prison
population. BOP projects that a total of 4,269 inmates will be
absorbed in the BOP's existing facilities this fiscal year.
Activations and Expansions.--The Committee recommendation
includes funding for the activation of three new facilities and
two expanded facilities, which will increase BOP's capacity by
3,114 beds. The Committee defines ``activation'' as open and
receiving prisoners.
ACTIVATION OF NEW PRISON FACILITIES
Activation of New Prison Facilities:
USP Tucson, AZ (1,088 beds).........................          37,647
FCI Butner, NC (1,152 beds).........................          29,190
Hazelton, WV Secure Women's Facility (512 beds).....          10,297
Activation of Expanded Prison Facilities:
USP Florence, CO Special Housing Unit (50 beds, no             1,242
new capacity)......................................
Sandstone, MN Housing unit expansion (362 beds).....           6,641
Total, Activations (3,114 beds)...................          85,017
The Committee expects BOP to adhere to the activation
schedule included in BOP's budget submission. BOP shall notify
the Committees on Appropriations of any deviations to this
schedule.
The Committee commends the BOP on its work to address and
prevent sexual misconduct. With funds provided in earlier
appropriations Acts, the National Institute of Corrections has
made useful progress in providing training and technical
support to correctional systems throughout the country to
eliminate staff sexual misconduct with inmates, training in
investigating cases, and training the ``trainers'' in order
that employees at every level will be more aware of, and better
prepared to deal with, these cases. The Committee directs the
BOP to continue these efforts and to report to the Committee by
March 31, 2006 on progress made in this area.
Contract Confinement.--The Committee recommendation
includes $641,867,000 for the contractual costs associated with
housing inmates. This amount includes the requested increase of
$19,838,000 to meet low security and female bed space demands
through the use of private sector contract confinement. BOP is
directed to meet bedspace needs using State, local, and
existing or new private prison capacity that meet BOP's
National Center for Missing and Exploited Children
Coordination.--The Committee directs the BOP to examine the
public information that it maintains regarding inmates that
currently reside within the Federal correctional system and
make it available, when appropriate, to the National Center for
Missing and Exploited Children [NCMEC]. The Committee directs
the BOP, with the National Institute of Corrections, to educate
State prison institutions of its efforts to assist NCMEC
through its membership in the Association of State Correctional
Administrators and provide an opportunity for NCMEC to meet
with the Association for potential outreach to the State
prisons for inmate sharing purposes.
Residential Re-entry Program.--The Committee supports BOP's
efforts to establish a Residential Re-entry Program at six
institutions that will build partnerships with faith based and
community organizations. The Committee expects BOP to work with
these organizations to develop such programs and will support
the use of available existing resources for such efforts,
The Committee recommends a total of $222,112,000 for the
construction, modernization, maintenance, and repair of prison
and detention facilities housing Federal prisoners. The
and $52,000,000 above the budget request.
The Committee continues to strongly support the Bureau of
Prison's [BOP] construction program, which is designed to
provide sufficient inmate beds to manage overcrowding in
facilities and maintain them in a safe and secure manner for
staff, inmates, and surrounding communities. The Committee
remains concerned that while the prison population grows, the
Department of Justice continues to submit budget requests with
proposed rescissions of prison construction funds. The
Committee recommendation therefore does not include the
proposed offset of $314,000,000 for funding already
appropriated for medium security facilities, the Federal
Correctional Institution [FCI] Mid-Atlantic and the FCI Berlin,
NH. The recommendation also restores $52,000,000 for the FCI
Mendota, CA, provides an additional $15,000,000 for site
planning and further development of a medium or high security
facility or facilities at FCI Yazoo City, MS, and an additional
$15,000,000 for site planning and further development of
another medium or high security facility or facilities in the
Aliceville, AL area.
The Committee reiterates the direction in the conference
reports accompanying the fiscal years 2004 and 2005
appropriations Acts to discontinue the practice of submitting
budget requests with proposed rescissions of prison
construction funds. The BOP shall move forward with all current
projects as planned. The BOP shall comply with this direction
in all future budget submissions.
The Committee directs BOP to submit a report on its
capacity needs, based on the projected prison population for
each year from fiscal year 2006 to fiscal year 2016. BOP shall
also provide a report on the costs, efficiencies, and economies
of scale that would result from the construction of additional
facilities on the site of existing facilities. In addition, BOP
shall provide a report comparing the costs of housing geriatric
prisoners with serious medical conditions in existing
facilities to housing them in specialized facilities designed
for geriatric prisoners with serious medical conditions. These
three reports shall be submitted to the Committee no later than
February 1, 2006.
Bill language is included clarifying that the BOP may not
transfer Building and Facilities appropriations to cover
Salaries and Expenses costs.
Federal Prison Industries, Incorporated
(LIMITATION ON ADMINISTRATIVE EXPENSES)
This Committee recommends a limitation on administrative
expenses of $3,365,000 for the Federal Prison Industries, Inc.
The recommendation is $1,000 below the fiscal year 2005 funding
level and identical to the budget request.
OFFICE ON VIOLENCE AGAINST WOMEN
The recommendation is $19,106,000 below the fiscal year 2005
The Committee has transferred programs in this account that
are administered by the Office of Justice Programs [OJP] to the
OJP account so there is a clear delineation of control and
responsibility by each office. The Committee recommendation
provides $2,670,000 above the fiscal year 2005 level for the
programs administered by this office. The Committee directs
that OJP coordinate with the Director of the Office on Violence
Against Women in the administration of the transferred
The Office on Violence Against Women provides Federal
leadership in developing the Nation's capacity to reduce
violence against women, administer justice for and strengthen
services to all victims of domestic violence, sexual assault,
and stalking.
The table below displays the Committee recommendations for
the programs under this office.
VIOLENCE AGAINST WOMEN ACT [VAWA] PROGRAMS
recommendation \1\
STOP................................................           187,308
NIJ.............................................            [5,200]
JJ Safe Start...................................           [10,000]
Transitional Housing............................           [15,000]
Grants to Encourage Arrest Policies.................            62,660
Rural Domestic Violence Grants......................            39,166
Violent Crimes on Campus............................             9,054
Legal Assist. For Victims...........................            39,220
Disabled Women......................................             4,540
Safe Havens for Kids Pilot..........................            13,894
Educ. Violence Against Women with Disabilities......             7,155
TOTAL.........................................           362,997
\1\ Recommendation combines all VAWA programs administered by Director
of the Office of Violence Against Women in one account and transfers
programs administered by the Office of Justice Programs to that
Within the funds appropriated, $187,308,000 is for general
formula grants to the States. The fiscal year 2006
recommendation will allow jurisdictions to implement mandatory
pro-arrest and prosecution policies to prevent, identify, and
respond to violent crimes against women, support coordination
of State victim services, assist Native victims in Indian
Country, and provide secure settings and specialized procedures
for visitation and exchange of children in families
experiencing domestic violence. The recommendation supports
increasing access to comprehensive legal services for victims,
providing short term housing assistance and support services
for domestic violence victims and education and training to end
violence against and abuse of women with disabilities.
In addition, programs should be strengthened to encourage
reporting of domestic violence by providing assurances that law
enforcement and attorney support systems will 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.
Office of Justice Programs
The Committee recommends an appropriation of $2,287,665,000
for the Office of Justice Programs [OJP]. The recommendation is
$323,336,000 below the fiscal year 2005 funding level and
$1,081,407,000 above the budget request. As in fiscal year
2005, the Office on Violence Against Women is funded under a
separate heading under this title.
The Committee continues to be concerned with the merger of
the Byrne Grant program and Local Law Enforcement Block Grant
program at a significantly reduced funding level. The budget
request again proposes the merger of all programs administered
by OJP under the Justice Assistance Grants heading. The
Committee recommendation does not adopt this consolidation and
retains the account structure used in previous fiscal years.
JUSTICE ASSISTANCE
funding level and $982,477,000 below the budget request.
The Committee recommendations are displayed in the
following table:
National Institute of Justice........................            54,000
Office of Science and Technology.................           (20,000)
The National Law Enforcement and Corrections                (20,000)
Technology Centers..............................
Social Science...................................           (10,000)
Counterterrorism Research and Development........            (4,000)
Bureau of Justice Statistics.........................            34,110
Missing and Exploited Children Program...............            48,000
Regional Information Sharing System..................            40,000
VAWA transfers.......................................            23,039
Court Appointed Special Advocate Program.........           (11,846)
Child Abuse Training for Judicial Personnel......            (2,287)
Televised Testimony..............................              (986)
Improved Stalking and Domestic Violence Databases            (2,962)
Training Programs to Assist Probation and Parole             (4,958)
Officers........................................
Victim Notification..................................             9,000
Management and Administration........................            12,851
Total Justice Assistance.......................           221,000
Violence Against Women Transfer.--The Committee
recommendation provides $23,039,000 for programs that
previously were appropriated to the Office on Violence Against
Women, but were administered by OJP. The recommendation
therefore transfers the appropriations to the agency that
administers the program. The Committee directs OJP to continue
to coordinate with the Director of the Office on Violence
Against Women to administer the transferred programs.
National Institute of Justice [NIJ].--The Committee
recommendation provides $54,000,000 for the NIJ. NIJ's mission
is to advance scientific research, development, and evaluation
to advance the administration of justice and public safety. The
Committee directs that prior to the obligation of any funds,
NIJ submit a spend plan on how resources will be allocated.
The fiscal year 1997 Appropriations Act (Public Law 104-
208) directed the NIJ to conduct a comprehensive comparison of
the privately-operated Taft Correctional Institution in Taft,
CA, and BOP-operated facilities. A report on NIJ's findings was
expected to be completed in 2002. It is now 3 years later and
the report has yet to be finalized. The Committee finds this
delay unacceptable and directs NIJ to provide a copy of the
final report to the Committee within 90 days of the enactment
of this Act.
Office of Science and Technology [OS&T;].--The Committee
continues to support the efforts of the leadership of the NIJ's
OS&T; and the continuing partnership that OS&T; has developed
with the National Institute of Standards and Technology [NIST].
To implement the mission of OS&T;, the Committee recommends
$20,000,000 for OS&T.;
National Law Enforcement and Corrections Technology
Centers.--The National Law Enforcement and Corrections
Technology Centers [NLECTC] have served a vital role for State
and local law enforcement and corrections communities by
responding to the needs of the justice community through
transferring, introducing, and implementing technologies;
assisting in the development and dissemination of guidelines
and technological standards; and providing technology
assistance, information, and support for law enforcement,
corrections, and criminal justice purposes. The Committee
continues to strongly support the NLECTC system run by the NIJ
and therefore recommends $20,000,000 to continue its efforts.
Of the amount provided, the Committee directs that funds be
distributed equally to the Centers.
Counterterrorism Research and Development.--The Committee
recommendation provides $4,000,000 for Counterterrorism
Research and Development. These funds will, among other things,
assess criminal enterprises to determine whether they are
linked to terrorist organizations, evaluate technology and
tools that will assist State and local law enforcement with
incident management, and research how the Internet is misused
to support terrorism.
Information Sharing Systems Available to Federal, State,
and Local Law Enforcement.--The proliferation of information
sharing services available to Federal, State, and local law
enforcement is expanding rapidly. To ensure that these efforts
are coordinated, cost efficient, and not duplicative of each
other, the Committee directs that within 90 days of enactment
of this Act the NLECTC shall provide a report to the Committee
that reviews the numerous information technology sharing
services available to law enforcement and provide
recommendations on methods to ensure coordination and
functionality to provide comprehensive services to law
Missing Children Program.--The issue of child exploitation
has been raised to the forefront of the national conscience due
to the strings of child pornography and missing children cases
that have been highlighted in the media over the last few
months. The Committee continues to strongly support the Missing
and Exploited Children Program run by the BJA. The Committee
recommends $48,000,000 to continue to expand efforts to protect
the Nation's children, especially in the areas of locating
missing children, and to address the growing wave of child
sexual exploitation facilitated by the Internet.
The Committee commends the Department of Justice [DOJ] for
the creation of a nationwide database that informs parents of
where child predators reside. However, the Committee remains
concerned about the failure of convicted child molesters to
register with State and local law enforcement agencies when
they move into a jurisdiction, as required by the laws of many
States. According to the National Center for Missing and
Exploited Children [NCMEC], more than 100,000 convicted sex
offenders have failed to register. The wide disparity among the
State programs in both registration and notification procedures
permits sex offenders to forum shop to get around reporting.
The Attorney General is directed to report to the Committee,
within 90 days of enactment of this Act on suggested
legislative changes necessary to address the gaps and loopholes
that may exist in the current State registration and reporting
systems.
The funding recommendations for the Missing and Exploited
Children Program are displayed in the following table:
MISSING CHILDREN PROGRAM
NCMEC...................................................          24,000
Jimmy Ryce..............................................           3,000
Internet Crimes.........................................          15,500
Missing Children Office.................................           1,500
Amber...................................................           4,000
Total.............................................          48,000
Regional Information Sharing System.--The Committee
recommends an appropriation of $40,000,000 for the Regional
Information Sharing System [RISS]. The Committee supports RISS
and its role in implementing the National Criminal Intelligence
Sharing Plan. The RISS program maintains six regionally based
information networks that provide for the automated exchange of
crime and terrorism information between Federal, State, and
local agencies. The Committee is concerned that funding is
being provided to multiple systems that may be providing
similar services to State and local agencies. The Committee
encourages these systems to work together and build a
comprehensive joint approach to assisting law enforcement.
Victim Notification System.--The Committee understands that
the Crime Victims Fund provides $5,000,000 for the Executive
Office of the United States Attorneys to operate a Victim
Notification System for crimes being prosecuted by the Federal
Government. This program provides victims of domestic violence
and other violent crimes access to information about the
custody status of offenders. The Committee recommends an
additional $9,000,000 within this account for the Bureau of
Justice Assistance [BJA] to continue automated victim
notification programs. No funding may be utilized from within
the Victims Assistance Program for this initiative and funds
provided under this heading shall require a 50 percent match
from State, local, and private sources.
Management and Administration.--The Committee recommends an
appropriation of $12,581,000 for the administration and
management of OJP programs. This amount is equal to the budget
request. The Committee directs that any action taken by OJP
relating to Circular A-76 shall be subject to the requirements
of section 505 of this Act.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
$1,078,350,000. The recommendation is $199,854,000 below the
fiscal year 2005 funding level and $1,078,350,000 above the
budget request.
STATE AND LOCAL LAW ENFORCEMENT
Justice Assistance Grants............................           625,000
Boys and Girls Clubs.............................           [85,000]
National Institute of Justice....................           [10,000]
Indian Assistance Programs...........................            15,000
Tribal Prison Construction.......................            [2,000]
Tribal Courts....................................            [8,000]
Alcohol and Substance Abuse......................            [5,000]
State Criminal Alien Assistance Program..............           200,000
SW Border Prosecutors............................           [30,000]
Byrne Discretionary..................................           177,000
Drug Courts..........................................            25,000
Marketing Scams Against Senior Citizens..............             1,000
Missing Alzheimers...................................               850
Assistance for Victims of Trafficking................             2,000
Prison Rape Prevention...............................             1,500
State Prison Drug Treatment..........................            15,000
National Criminal Intelligence Sharing Plan..........             6,000
Capital Litigation...................................             1,000
Justice For All......................................             4,000
State and Local Antiterrorism Training [SLATT].......             5,000
Total..........................................         1,078,350
Indian Country Grants.--The recommendation provides
$15,000,000 for Indian Country grants. As in past years, the
Committee acknowledges the success that the Comprehensive
Indian Resources for Community Law Enforcement [CIRCLE]
initiative is having and urges the Department to continue to
work on ways to expand CIRCLE.
Southwest Border Prosecutors.--The Committee recommends
$30,000,000 to provide for funding assistance to State and
local law enforcement agencies along the Southwest border, to
offset the costs of processing, detaining, and prosecuting drug
and other cases referred from Federal arrests of Federal
Drug Courts.--The Committee recommends an appropriation of
$25,000,000. The Committee notes that localities can also
access funding for drug courts from the Local Law Enforcement
Block Grants.
National Criminal Intelligence Sharing Plan.--The Committee
recommends $6,000,000 to continue development of an
intelligence sharing initiative.
Justice For All Act.--The Committee recommends $4,000,000
to begin to implement the provisions of the Justice For All Act
(Public Law 108-405). The Committee directs that any grants
provided by this program relating to Victims Assistance shall
be provided pursuant to 103 (b)(3) and (4) of the Justice for
All Act. The Committee directs that any grants provided by this
program relating to Post-Conviction DNA Testing shall be
provided pursuant to sections 412 and 413 of Public Law 108-
405, The Justice for All Act. The Committee is disappointed
that the budget request provided no funding to support
enforcement of crime victims' rights.
Marketing Scams Against the Elderly.--The Committee
recommends $1,000,000 to continue efforts to thwart fraudulent
telemarketers who prey on senior citizens.
Capital Litigation.--The Committee recommends $1,000,000
for Capital Litigation Improvement Grants, as authorized in the
Justice For All Act. The Committee directs that any grants
provided for Capital Litigation Improvements, shall be provided
pursuant to section 426 of the Justice For All Act, Public Law
WEED AND SEED PROGRAM
COMMUNITY ORIENTED POLICING SERVICES
funding level and $512,306,000 above the budget request.
Local law enforcement plays a critical role in preventing
and responding to terrorist threats. Since its creation, the
Community Oriented Policing Services [COPS] office has assisted
State and local law enforcement agencies by providing grants,
training, and technical assistance that not only ensure public
safety from traditional crime but also better enables law
enforcement officers to address the growing threat from
terrorist organizations.
Hiring.................................................           2,000
Training and Technical Assistance......................          14,000
Bullet Proof Vests.....................................          27,000
Tribal Law Enforcement.................................          20,000
Meth Hot Spots.........................................          60,100
DEA Transfer.......................................         [20,000]
Police Corps...........................................          10,000
Law Enforcement Technologies...........................         137,000
Interoperable Communications...........................          37,500
Criminal Records Upgrade...............................          20,000
DNA Initiative.........................................          89,500
Coverdell Forensics Science Improvement................          22,000
Crime Identification Technology........................          30,000
Safe Schools Technologies..........................          [5,000]
Offender Reentry.......................................           3,000
Safe Schools Initiative................................           5,000
Police Integrity Grants................................           7,500
Management and Administration..........................          30,487
TOTAL............................................         515,087
Any deviations from the above plan are subject to the
reprogramming requirements of section 505.
PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS
Hiring Program.--The recommendation includes $2,000,000 for
the hiring of school resource officers.
Bullet-proof Vests Grant Program.--Of the $27,000,000
recommended, such sums as may be necessary are for the National
Institute of Standards and Technology's [NIST] Office of Law
Enforcement Standards [OLES] to continue supporting the
ballistic resistant and stab resistant material compliance
testing programs, as well as for other technical support
related to public safety weapons and protective systems.
Indian Country.--The Committee recommends that 5.1 percent
of the COPS funds be provided directly to tribal judicial
systems to assist Tribal Courts with the caseload associated
with increased arrests as a result of more stringent tribal law
Methamphetamine Enforcement and Clean-Up.--The Committee
recommends $60,100,000 for State and local law enforcement
programs to combat methamphetamine production and distribution,
to target drug ``hot spots'', and to remove and dispose of
hazardous materials at clandestine methamphetamine labs. The
Committee recommendation includes $20,000,000 to reimburse the
Drug Enforcement Administration for assistance to State and
local law enforcement for proper removal and disposal of
hazardous materials at clandestine methamphetamine labs.
CRIME-FIGHTING TECHNOLOGIES PROGRAMS
COPS Interoperable Communications Technology Program.--The
Committee recommends $37,500,000 to continue the COPS
Interoperable Communications Technology Program, being designed
and implemented by the COPS office, in consultation with the
National Institute of Justice's Office of Science and
Technology [OS&T;], as well as the Bureau of Justice Assistance.
The Committee commends the COPS office for its coordination
with other Federal agencies in taking on the challenging issue
of public safety interoperability. Coordination of Federal
efforts is critical to this effort.
The Committee strongly supports the need for minimum
standards for law enforcement communications technology.
Therefore, OS&T; should continue to assist COPS in incorporating
existing minimum standards into the formulation of this grant
program. As in past years, the Committee provides, within
available amounts, $5,000,000 to be transferred to NIST to
continue the efforts of OLES regarding the development of a
comprehensive suite of minimum standards for law enforcement
communications.
The Committee commends the Institute for Telecommunication
Sciences [ITS] in Boulder, Colorado, for all their efforts and
contributions to the public safety communications statement of
requirements. Their contributions were critical in addressing
the many issues plaguing public safety organizations for
decades.
Interoperable Standards.--The inability to apply open
standards to communications equipment purchased under the COPS
Interoperable Communications Grant Program, as well as other
Federal grant programs continues to be of great concern to the
Committee. In fiscal year 2005, the Committee directed OLES,
working with the National Institute of Justice's CommTech
Program and SAFECOM within the Department of Homeland Security,
to consider, in the absence of published P25 standards, the
issuance of interim standards that could be used to specify the
required functionality and testing validation for an Inter-RF-
Subsystem Interface [ISSI], Console Interface, and Fixed
Station Interface for land mobile radio systems. The Committee
directs that within 30 days of the enactment of this Act, OLES
shall submit a report to the Committee detailing the process by
which interim standards will be identified, as well as a
timeline for issuance this fiscal year. The Committee also
directs that, within this report, OLES identify a process to
ensure that equipment procured using Federal grant dollars
complies with the requirements of the identified standard(s).
At a minimum, the Office of Interoperability and Compatibility
[OIC] within the Department of Homeland Security should
consider working with NIST and DOJ to require that all grant
dollars for interoperable communication be used for Project 25
compliant equipment that meet the requirements of a conformity
assessment program.
Crime Identification Technology Act.--The Committee
recommends $30,000,000 to be used and distributed pursuant to
the Crime Identification Technology Act of 1998, Public Law
105-251, of which $5,000,000 is to be transferred to the NIJ to
develop technologies to improve school safety.
DNA and Forensics Initiative.--The Committee recommends
$89,500,000 to assist in forensics and DNA. Within the amounts
provided, OJP may apply up to 5 percent of the total funds to
support the continuation of the development of standards and
Standard Reference Materials at the NIST OLES, to maintain
quality and proficiency within Federal, State, and local crime
laboratory facilities.
The Committee has reviewed the Bureau of Justice Statistics
[BJS] Census of Publicly Funded Forensic Crime Laboratories and
the NIJ ``Status and Needs of Forensic Science Services: A
Report to Congress''. The report identifies that the backlog in
forensic science labs is not limited to DNA. In fact, these
studies demonstrate a disturbing trend of increased cases and
increased backlog in all disciplines of forensic science.
According to the BJS Census, a typical lab finished the
year with a backlog of about 650 requests, which was an
increase of 73 percent from 2001 and 73 percent of the total
backlogged requests at year end 2002 were attributable to
controlled substances (46 percent), latent prints (17 percent),
and DNA analysis (10 percent). Further, the study concluded
that only 2 percent of all new requests were in the area of DNA
analysis. The budget request proposes to allocate 100 percent
of the Federal funds for forensic science to DNA even though it
represents only 2 percent of the workload identified in the
study. Further, these data do not include the Nation's medical
examiners and coroners who are responsible for investigating
all homicides.
Based on the study's findings, the budget should allocate
funds to all disciplines as opposed to just one. The results of
these studies are indicative of a larger problem within the
forensic science and legal community: the absence of data.
While a great deal of analysis exists of the requirements in
the discipline of DNA, there exists little to no analysis of
the remaining needs of the community outside of the area of
DNA. Therefore, within the funds provided for the DNA and
Forensics Initiative the Committee directs the Attorney General
to provide $1,500,000 to the National Academy of Sciences to
create an independent Forensic Science Committee. This
Committee shall include members of the forensics community
representing operational crime laboratories, medical examiners,
and coroners; legal experts; and other scientists as determined
appropriate. The National Academy of Sciences Committee shall:
(1) assess the present and future resource needs of the
forensic science community, to include State and local crime
labs, medical examiners, and coroners; (2) make recommendations
for maximizing the use of forensic technologies and techniques
to solve crimes, investigate deaths, and protect the public;
(3) identify potential scientific advances that may assist law
enforcement in using forensic technologies and techniques to
protect the public; (4) make recommendations for programs that
will increase the number of qualified forensic scientists and
medical examiners available to work in public crime
laboratories; (5) disseminate best practices and guidelines
concerning the collection and analysis of forensic evidence to
help ensure quality and consistency in the use of forensic
technologies and techniques to solve crimes, investigate
deaths, and protect the public; (6) examine the role of the
forensic community in the homeland security mission; (7)
interoperability of Automated Fingerprint Information Systems;
and (8) examine additional issues pertaining to forensic
science as determined by the Committee. The National Academy
shall issue its report to the Committees on Appropriations no
later than June 1, 2006.
Paul Coverdell Forensic Sciences Improvement Grants.--The
Committee recommendation provides $22,000,000 for the Paul
Coverdell Forensic Sciences Improvement Grants.
COMMUNITY CRIME PREVENTION
Safe Schools Initiative.--The Committee recommends
$5,000,000 for programs aimed at preventing violence in public
schools, and to support the assignment of officers to work in
collaboration with schools and community-based organizations to
address the threat of terrorism, crime, disorder, gangs, and
drug activities.
Management and Administration.--Within the recommended
appropriation, the Committee recommends $30,500,000 for
Management and Administration [M&A;] of all COPS programs.
JUVENILE JUSTICE PROGRAMS
Concentration of Federal Efforts (Part A)..............           1,000
Formula Grants (Part B)................................          82,000
Discretionary Grants (Part C)..........................           5,000
Research, Evaluation, TA and Training (Part D).........           8,000
Developing New Initiatives (Part E)....................          75,000
Juvenile Mentoring Program (JUMP) (Part G).............          15,000
At Risk Children Program (Title V).....................          80,000
Tribal Youth.......................................         [10,000]
Big Brother/Big Sister.............................          [7,000]
Enforcing Underage Drinking Laws Program...........         [25,000]
Gang Prevention....................................         [25,000]
Secure Our Schools Act.................................          15,000
Project Childsafe......................................           5,000
Victims of Child Abuse Act.............................          15,000
Juvenile Accountability Block Grants...................          49,000
Total, Juvenile Justice..........................         350,000
deviation from the above plan.
Accountability Based Sanctions for Juveniles.--The purpose
of the accountability based sanctions is to ensure that
juvenile offenders face uniform and consistent consequences and
punishment that correspond to the seriousness of each
offender's current offense, history, and special treatment or
training needs. The Committee recommends $82,000,000 to be
available for expenses authorized by Part B of title II of the
Act, including training and technical assistance to help small,
non-profit organizations with the Federal grants process.
Within this amount, $26,000,000 is for the purpose of providing
additional formula grants under Part B to States that provide
assurances to the Administrator that the State has in effect
policies and programs that ensure that juveniles are subject to
accountability-based sanctions for every act for which they are
adjudicated delinquent.
Enforcing the Underage Drinking Laws Program.--Within the
funds provided in the At Risk Children Program (Title V), the
Committee provides $25,000,000 for grants to assist States in
enforcing underage drinking laws.
Victims of Child Abuse Act.--The Committee recommends
$15,000,000 for the various programs authorized under the
Victims of Child Abuse Act [VOCA] (Public Law 101-647). Within
the funds provided, $4,000,000 shall be for Regional Child
Advocacy Centers Programs. The Regional Children's Advocacy
Centers [RCACs] were established through the Victims of Child
Abuse Act to provide information, consultation, training, and
technical assistance to communities, and to help establish
child-focused programs that facilitate and support coordination
among agencies responding to child abuse. The RCACs and the
National Children's Alliance [NCA] have identified several
joint initiatives which include: developing centers in under-
served areas; support and development of Tribal CACs;
constituent involvement; marketing; and public awareness. In
working on these initiatives, the RCACs have created programs
such as the National Training Academy, which trains
professionals and multi-disciplinary teams investigating child
abuse, and the telemedicine pilot project, which assists remote
areas in investigating child abuse.
PUBLIC SAFETY OFFICERS BENEFITS
funding level and $8,948,000 above the budget request. The
budget request proposed to consolidate this account within
Justice Assistance.
The recommendation provides $64,000,000 for all mandatory
funding for death benefits under the Public Safety Officers
Benefits Program. This program provides a lump-sum death
benefit payment to eligible survivors of Federal, State, and
local public safety officers whose death was the direct and
proximate result of a traumatic injury sustained in the line of
duty. In addition, $4,884,000 is provided to pay for disability
benefits to public safety officers who are permanently disabled
in the line of duty. Further, $4,064,000 is available for the
program which provides payments for education purposes to the
dependents of Federal, State, and local public safety officers
who are killed or permanently disabled in the line of duty.
General Provisions--Department of Justice
The Committee recommends the following general provisions:
Section 101 makes up to $60,000 of the funds appropriated
to the Department of Justice available for reception and
representation expenses.
Section 102 prohibits the use of funds in this title to pay
for an abortion except where the life of the mother would be in
Section 103 prohibits the use of funds in this title to
require a person to perform or facilitate an abortion.
Section 104 requires female prisoners to be escorted when
off prison grounds.
Section 105 allows the Department of Justice, subject to
the Committee's reprogramming procedures, to transfer up to 5
percent between appropriations, but limits to 10 percent the
amount that can be transferred into any one appropriation. The
provision also prohibits transfers of funds from the Bureau of
Prisons Buildings and Facilities account unless the President
certifies that such a transfer is necessary to the national
security interests of the United States and also subjects any
such transfers to section 505 of this Act.
Section 106 makes permanent a personnel management
demonstration project.
Section 107 provides authority for the Bureau of Alcohol,
Tobacco, Firearms and Explosives to use confiscated funds
during undercover operations.
Section 108 requires the Bureau of Prisons to execute their
financial plan as reflected in this report.
Section 109 limits the placement of maximum or high
security prisoners to appropriately secure facilities.
Section 110 restricts Federal prisoner access to certain
amenities.
Section 111 provides for the creation of an investment
review board.
Section 112 enhances the ability of the Federal Bureau of
Investigation and the Drug Enforcement Administration to
recruit qualified candidates for critical positions.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Office of the United States Trade Representative, the
International Trade Commission, and the Department of Commerce,
excluding Science agencies, which are addressed under a
separate title in this Act. The recommendation is $156,696,000
below the fiscal year 2005 funding level and $3,570,384,000
below the budget request. The significant difference between
the recommendation and the requested funding level is explained
by the Committee's rejection of the proposal to consolidate
multiple Federal community development grant programs into a
single program, called the Strengthening America's Communities
Initiative. Without this $3,710,000,000 request, the Committee
recommendation for the Department of Commerce, non-science
agencies, is $139,616,000 below the budget request.
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
Office of the United States Trade Representative
for the Office of the United States Trade Representative
[USTR]. The recommendation is identical to the fiscal year 2005
The USTR is responsible for developing and coordinating
United States international trade, commodity, and direct
investment policy, and leading negotiations with other
countries on such matters. Its areas of responsibility include
all matters relating to the World Trade Organization, including
implementation of the Uruguay Round of multilateral trade
agreements; trade, commodity, and direct investment matters
dealt with by certain international institutions; industrial,
agricultural and services trade policy; and trade-related
intellectual property protection and environmental issues.
The foreign policy agenda of the United States is
increasingly influenced by economic and trade issues. This is
due largely to the growth of the global market economy and the
pursuit of open markets and free trade. Regardless of the
cause, trade negotiations and market access for American goods
and services now represent an integral component of United
States' relations with other countries. The Office of the USTR
has become, and will remain for the foreseeable future, an
integral component and essential interagency coordinator in the
development of trade policy and American diplomacy abroad. The
Committee recommended funding level acknowledges this important
role.
Chief Negotiator for Intellectual Property Enforcement.--In
fiscal year 2005, the Committee directed the creation of this
position within USTR. The Committee directs USTR to report on
the impact of this position no later than November 1, 2005.
World Trade Organization.--The Committee is aware of the
World Trade Organization [WTO] Appellate Body's January 16,
2003, ruling regarding the Continued Dumping and Subsidy Offset
Act (Public Law 106-387). The Committee directs USTR, in
consultation with the Department of Commerce, to continue to
negotiate within the WTO to seek express recognition of the
existing right of WTO Members to distribute monies collected
from antidumping and countervailing duties. The agency shall
consult with and provide regular reports to the Committees on
Appropriations on this matter every 60 days.
In addition, the Committee directs that negotiations be
conducted within the WTO consistent with the negotiating
objectives contained in the Trade Act of 2002, Public Law 107-
210, to maintain strong U.S. trade remedies laws, prevent
overreaching by WTO Panels and the WTO Appellate Body, and
prevent the creation of obligations never negotiated or agreed
to by the United States.
funding level, $2,526,000 below the budget request. The
International Trade Commission [ITC] submitted a revised budget
request to the Committee on Appropriations. The recommendation
is $224,000 above this revised budget request.
The ITC is an independent, quasi-judicial agency
responsible for conducting trade-related investigations,
providing Congress and the President with independent technical
advice relating to United States international trade policy,
and performing other statutory responsibilities such as quasi-
judicial determinations on trade matters filed with the
Commission.
The Committee recommendations, by function, are displayed
ITA FUNDING
Manufacturing and Services.............................          48,134
Market Access and Compliance...........................          39,815
Import Administration..................................          64,134
Trade Promotion and U.S. and Foreign Commercial Service         231,722
Executive Direction and Administration.................          25,820
Offsetting Fee Collections.............................          (8,000)
Total ITA........................................         401,625
Manufacturing and Services.--The Committee recommends an
appropriation of $48,134,000 for Trade Development. The
Committee does not recommend the proposed offset of $700,000
because such cost savings cannot be realized this fiscal year.
The Committee directs the Department of Commerce to submit
quarterly reports to the Committees on Appropriations on actual
savings resulting from streamlining and consolidation efforts.
Market Access and Compliance.--The Committee recommends an
appropriation of $39,815,000 for Market Access and Compliance.
Import Administration.--The Committee recommends an
appropriation of $64,134,000. The recommendation includes
$2,000,000 for the Import Administration to continue to place
and maintain overseas enforcement officers, and to monitor
compliance with the World Trade Organization and other
international commitments on antidumping and subsidies.
Trade Promotion and United States and Foreign Commercial
Service [USFCS].--The Committee recommends an appropriation of
$231,722,000.
The Committee is aware of the Business Information Service
of the Newly Independent States [BISNIS] program's success in
producing a high level of export and investment results. The
BISNIS program is authorized and encouraged to develop
alternative sources of funding to leverage existing resources.
Funding for this program should be offset via fees, charges,
collections, recoveries and carryover as appropriate and as
consistent with the resources of U.S. small and medium-sized
businesses, acknowledging the difficulty involved in doing
business in Eurasian markets. Furthermore, BISNIS is required
to submit an operating plan and strategy for fiscal year 2006
and beyond by March 1, 2006.
The Committee supports the Commercial Service's work on the
Appalachian-Turkish Trade Project, a project to promote
opportunities to expand trade, encourage business interests,
stimulate foreign studies, and build a lasting and mutually
meaningful relationship between the Appalachian States and the
Republic of Turkey, as well as the neighboring regions, such as
Greece. The Committee expects US&FCS; to support the project.
Within the funding provided for ITA, $13,000,000 shall be
for the National Textile Center, $3,500,000 shall be for the
Textile/Clothing Technology Corporation, $1,500,000 shall be
for the Textile Marking System, $1,500,000 shall be for Auburn
University for advanced research and development of novel
polymetrics, and $5,000,000 shall be for the Travel and Tourism
Promotion Advisory Board.
Offsetting Fee Collections.--The Committee recommendation
does not include the proposed $5,000,000 increase in offsetting
fee collections. Implementing this increase would significantly
impair ITA's ability to provide trade assistance to small
Executive Direction and Administration.--The Committee
recommends an appropriation of $25,820,000.
Any changes to the funding levels provided for in this bill
and report, including carryover balances, are subject to the
standard reprogramming procedures set forth in section 505 of
Act. The Committee directs the Department of Commerce, in
consultation with the Office of the U.S. Trade Representative,
to continue to negotiate within the WTO to seek express
recognition of the existing right of WTO Members to distribute
monies collected from antidumping and countervailing duties.
The agency shall consult with and provide regular reports,
every 60 days, to the Committees on Appropriations.
Bureau of Industry and Security
The Bureau of Industry and Security [BIS] is the principal
agency involved in the development, implementation, and
enforcement of export controls for dual-use technologies. The
Export Enforcement Division detects, prevents, investigates,
and assists in the sanctioning of illegal dual-use exports.
Within the amount provided under this heading, $37,842,000
is for export administration, $32,508,000 is for export
enforcement, and $6,650,000 is for management and policy
coordination.
To ensure BIS has the necessary resources to reduce
security threats, ensure America's technological preeminence,
and improve the recruiting and retention of qualified
personnel, increases are included as follows: $1,710,000 for
the Targeted Export Enforcement Initiative; $2,581,000 for the
Advanced Technologies Initiative; $1,050,000 for the Enhanced
Deemed Exports Control Initiative; and $1,572,000 for the Human
Capital Initiative.
Economic Development Administration
funding level and $288,340,000 above the budget request. The
recommendation does not include funding for the Strengthening
America's Communities Initiative and has restored the
appropriation for the Economic Development Administration [EDA]
to previous years' level.
The EDA provides grants to local governments and nonprofit
agencies for public works, planning, and other projects
designed to facilitate economic development. Funding amounts
for the two appropriations accounts under this heading are
displayed below.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The Committee recommendation provides funding of
$181,718,000 for public works grants (Title I), $27,000,000 for
planning assistance, $16,000,000 for trade adjustment
assistance, $49,527,000 for economic adjustment grants (Title
IX), $9,200,000 for technical assistance, and $540,000 for
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: the Gateway Economic Development District's business
creation and expansion program for Broadwater, Lewis and Clark,
and Meagher Counties in Montana; the Mississippi Blues Delta
Quarter; the Development Projects, Inc. in Dayton, Ohio Tech
Town; the expansion of Penn Eagle Industrial Park,
Pennsylvania; the Detroit Economic Growth Business Attraction
Program; the Wisconsin Security Research Consortium, a
collaboration between the University of Wisconsin System and
the Wisconsin Technology Council; the One-Stop Permitting
Portal; the Ogontz Avenue Revitalization Corporation for a
neighborhood redevelopment project in Philadelphia,
Pennsylvania; the Rural Enterprises of Oklahoma to expand the
International Trade Assistance Center; the Oklahoma State
University Rural Product Manufacturers for the New Product
Development and Commercialization Center; the Phase III
implementation of the Manufacturing Training and Technology
Center clean room at the University of New Mexico; the
Mescalero Apache Tribe fish hatchery rehabilitation project in
New Mexico; and the Inland Northwest Regional GigaPop Network
Connectivity.
The Committee expects EDA to continue its efforts to assist
communities impacted by economic dislocations relating to
industry downswings as well as to assist communities impacted
by downturns due to environmental concerns. This includes the
timber, steel, and coal industries; communities impacted by
United States-Canadian trade-related issues; communities in New
England, the mid-Atlantic, Hawaii, and Alaska impacted by
fisheries regulations; and communities in the Southeast
impacted by downturns due to the North American Free Trade
Agreement [NAFTA].
Rightsizing.--The Committee is aware of the exceptionally
large geographic area served by the Hawaii Economic Development
Administration office and urges the EDA to provide sufficient
resources and personnel to the Honolulu field office to enable
the State director to provide more in-depth attention to the
more promising applications seeking economic development
assistance.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
appropriation and identical to the budget request.
The recommendation includes the requested increases of
$203,000 for the Minority Business Development Agency [MBDA] to
enhance the delivery of data to minority-owned businesses and
$500,000 for the expansion of the Asian Americans and Pacific
Islanders Commission.
ECONOMIC AND INFORMATION INFRASTRUCTURE
Economic and Statistical Analysis
funding level and $3,994,000 below the budget request. The
recommendation represents a 3 percent increase over the prior
year enacted level.
Economic and Statistical Analysis [ESA] encompasses the
collection, tabulation, and publication of a wide variety of
economic, demographic, and social statistics and provides
support to the Secretary of Commerce and other Government
officials in interpreting the state of the economy and
developing economic policy. The Bureau of Economic Analysis
[BEA] and the Under Secretary for Economic Affairs are funded
within this account.
Bureau of the Census
funding level and $150,000,000 below the budget request. The
Committee's recommendations for the Census Bureau accounts are
described in more detail in the following paragraphs.
account provides for the salaries and expenses associated with
the statistical programs of the Bureau of the Census, including
measurement of the Nation's economy and the demographic
characteristics of the population. These programs are intended
to provide a broad base of economic, demographic, and social
information used for decision-making by governments, private
organizations, and individuals.
The Committee has provided funding for the key programs of
the Census Bureau. The Committee is particularly concerned that
reports on manufacturing and general economic and foreign trade
statistics are maintained and issued on a timely basis.
PERIODIC CENSUSES AND PROGRAMS
This account provides for the constitutionally-mandated
decennial census and other programs which are cyclical in
nature. Additionally, individual surveys are conducted for
other Federal agencies on a reimbursable basis.
The Committee recommends $390,000,000 for the 2010
Decennial Census under the Demographic Statistics Program, of
which not less than $79,800,000 shall be for the Master Address
File/Topologically Integrated Geographic Encoding and
Referencing [MAF/TIGER] System. The Committee is fully
supportive of the efforts being made to make the 2010 Census as
accurate and as cost effective as possible. To the extent
possible, funds have been provided to ensure that current
activities related to the 2010 Census are able to continue.
The Census is encouraged to continue its efforts to
minimize the number of personal visits for non-response follow-
up for Census programs. This activity is very costly and if
response rates through other means can be increased, it will
provide substantial cost savings in both the ongoing American
Community Survey and the 2010 Census.
National Telecommunications and Information Administration
The recommendation includes an additional $100,000 for a
new annual membership fee of the Internet Corporation for
Assigned Names and Numbers [ICANN]/Governmental Advisory
Committee [GAC] and an additional $2,087,000 for interference
temperature and noise research to determine acceptable
interference levels with the goal of increasing spectrum
efficiencies.
The Committee retains language from previous years allowing
the Secretary of Commerce to collect reimbursements from other
Federal agencies for a portion of the cost of coordination of
spectrum management, analysis, and operations. The Committee is
aware that at least an additional $37,116,000 will be available
for NTIA in fiscal year 2006 through reimbursements from other
agencies for the costs of providing spectrum management,
analysis, and research services. Should additional funding be
necessary for these critical efforts, the Committee will
consider a reprogramming of existing resources.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING, AND CONSTRUCTION
funding level and $20,000,000 above the budget request. The
Public Telecommunications Facilities Planning and Construction
[PTFPC] program awards competitive grants that help public
broadcasting stations, State and local governments, Indian
tribes, and nonprofit organizations construct facilities to
bring educational and cultural programming to the American
public using broadcasting and non-broadcasting
telecommunications technologies. The primary focus of the PTFPC
program has been assisting public broadcasters in making the
transition from analog to digital broadcasting.
INFORMATION INFRASTRUCTURE GRANTS
Committee recommendation................................     $15,000,000
The recommendation is $15,000,000 above both the fiscal year
2005 funding level and the budget request.
For the last 3 fiscal years, the administration has slated
the Technology Opportunities Program [TOP] for elimination. The
reason for the elimination, according to the Department, is
that the program has fulfilled its mission. Last year, due to
funding constraints, the Committee agreed not to include
funding for new grants. However, there are great numbers of
Americans that could benefit from the TOP program. The
Committee therefore again recommends continued funding for this
program.
The Regional Information Sharing System [RISS] program
under the Department of Justice provides technology support
funding for law enforcement entities. The Committee
recommendation therefore prohibits law enforcement entities
eligible to receive funding under the RISS program from
applying for TOP funds. The Committee expects NTIA to give
preference to applications from consortia for which no other
funding source exists.
The Committee recommends total budgetary resources of
fiscal year 2005 funding level and identical to the budget
In fiscal year 2005, the Committee increased the amount of
fees the United States Patent and Trademark Office [USPTO]
could collect by $208,754,000. The recommendation for fiscal
year 2006 provides another substantial increase for USPTO.
These additional funds will allow USPTO to continue
implementation of the Twenty-First Century Strategic Plan and
to put an end to the pendency problems that have plagued the
Agency for so long, as discussed later in this section.
The USPTO is charged with administering the patent and
trademark laws of the United States. USPTO examines patent
applications, grants patent protection for qualified
inventions, and disseminates technological information
disclosed in patents. USPTO also examines trademark
applications and provides Federal registration to owners of
qualified trademarks. The USPTO is subject to the policy
direction of the Secretary of Commerce, but the agency has
independent control of its budget, expenditures, personnel,
procurement and other administrative and management functions.
Patent laws administered by the USPTO encourage invention,
innovation, and investment. The USPTO plays a critical role in
promoting the continued development of intellectual property in
this country. For established companies, new patents improve
competitiveness, increase productivity, help bring new products
and services to market, and create jobs.
In fiscal year 2002, the Committee directed the USPTO to
develop a 5-year strategic plan. The USPTO answered this
directive with the Twenty-First Century Strategic Plan, which
was submitted to Congress in June, 2002. With the submission of
the Twenty-First Century Strategic Plan, the USPTO requested to
increase fees by more than $200,000,000 and to increase its
operating budget by 28 percent. The request for such budget
increases rests on the assumption that substantial additional
funding is necessary to enhance the quality of patent and
trademark examining and reduce pendency. The Committee has
questioned--and continues to question--the assumption that the
USPTO's past failure to attain these objectives was the result
of inadequate funding and that future ability to attain these
objectives is dependent upon the hiring of hundreds, if not
thousands, of additional personnel. Moreover, the Committee is
aware that the Office of Inspector General [OIG] issued another
report in June 2004, raising concerns with USPTO's hiring
practices. Previous OIG reviews of the USPTO's Office of Human
Resources uncovered substantial mismanagement of personnel
records and called for improvement in the recruitment and
retention of patent examiners. In addition to specifically
examining USPTO's adherence to federally-mandated merit system
principles in hiring, the OIG's June report highlighted USPTO's
lack of official hiring policies and human resource procedures.
The Committee directs USPTO to submit a detailed account of its
efforts to implement the recommendations contained in the June
2004, OIG report no later than November 30, 2005.
Intellectual Property.--In addition to the examination and
issuance of patents and trademarks, USPTO works to protect and
promote the protection of American intellectual property
domestically and overseas. Under the American Inventors
Protection Act of 1999 [AIPA] (Public Law 106-113), the USPTO
is directed to advise the President and all Federal agencies on
National and international intellectual property policy issues.
The agency is authorized by AIPA to provide guidance, conduct
programs and studies, and otherwise interact with foreign
intellectual property offices and international
intergovernmental organizations on matters involving the
protection of intellectual property. The Committee finds that
our Federal efforts are inadequate. The recommendation
therefore includes $500,000 for the National Intellectual
Property Law Enforcement Coordination Council [NIPLECC].
Funding of $2,000,000 was provided in fiscal year 2005 for
NIPLECC under a separate heading. The Committee is aware that
much of this funding remains unspent. The USPTO is directed to
report to the Committees on Appropriations on the progress of
NIPLECC no later than November 1, 2005. It is the
responsibility of the USPTO and the Department of Justice
[DOJ], the Co-Chairs of the NIPLECC, to execute the Committee's
directives concerning the NIPLECC. The Committee holds USPTO
and DOJ responsible for making this effort work.
Any deviations from the funding distribution provided for
in this Act and in its accompanying statement, including
carryover, are subject to the standard reprogramming procedures
set forth in section 505 of this Act. In addition, 60 days
after the date of enactment of this Act, the USPTO shall submit
to the Committee a spending plan for fiscal year 2006. This
spending plan should incorporate all carryover balances from
previous fiscal years, describe any changes to the patent or
trademark fee structure, and demonstrate how funding available
to the USPTO in fiscal year 2006 will allow the agency to
continue to support the objectives laid out in the Twenty-First
Century Strategic Plan.
for Departmental Management Salaries and Expenses and the
Technology Administration. The recommendation is $2,139,000
above the fiscal year 2005 funding level and $3,927,000 below
the budget request.
Within Departmental Management, the Salaries and Expenses
account provides funding for the Secretary, Deputy Secretary,
and support staff. Responsibilities involve policy development
and implementation affecting United States and international
activities as well as establishing internal goals and
operations of the Department.
Within the funds provided for Departmental Management, no
more than $1,181,000 and nine full time equivalents are
provided for the Office of Legislative Affairs [OLA] within the
Office of the Secretary. The Committee is concerned about the
OLA's failure to provide critical information to the Committee
in a timely manner. The streamlining of this office will
necessitate greater coordination within the OLA.
Security Enhancements.--The Committee is aware that the
Department of Commerce is planning security improvements at the
Boulder, Colorado, facility and directs the Department to
consult with the Committee prior to proceeding. No funding
shall be redirected from other proposed construction projects
at Boulder for this purpose.
Commerce Information Technology Solutions.--The Committee
commends the administration for its commitment to small
business with the establishment of the Commerce Information
Technology Solutions [COMMITS] acquisition vehicle. The
Committee agrees with the goal of this program, to provide
critical information technology solutions through the use of
all categories of small businesses, including disadvantaged,
8(a), women-owned, veteran-owned, service-disabled, and HUBZone
entities. However, the Committee is troubled by a provision of
the procurement's current guidelines that permit incumbent
contractors who have graduated from a particular size category
of small business to bid against smaller firms that still
qualify for the smaller category of classification. This ``bid
down'' approach gives larger entities an unfair competitive
advantage and is not an acquisition strategy espoused by other
Federal agencies. As a result, the Committee expects the
Department to alter the terms that govern COMMITS to eliminate
this acquisition anomaly and to report back to the Committee on
this change not later than January 15, 2006.
General Provisions--Department of Commerce
Section 201 makes Commerce Department funds available for
advanced payments only upon certification of officials
designated by the Secretary that such payments are considered
to be in the public interest.
Section 202 makes appropriations for salaries and expenses
available for the hire of passenger motor vehicles, and for
services, uniforms, and allowances as authorized by law.
Section 203 provides that any cost resulting from personnel
actions shall be absorbed by the affected Department or Agency.
Section 204 extends the availability of appropriations
pursuant to section 211(b) of Public Law 108-199.
Section 205 provides the authority to transfer funds
between Department of Commerce accounts and within NOAA
appropriations. The provision makes transfers subject to the
Committee's standard reprogramming procedures.
TITLE III--SCIENCE
National Institute of Standards and Technology
The recommendation provides that up to $3,000,000 may be
transferred from the Scientific and Technical Research and
Services account to the Working Capital Fund, which the
National Institute of Standards and Technology [NIST] uses to
purchase equipment for its laboratories.
A description of each NIST account and the corresponding
Committee recommendation follows in the subsequent three
headings.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
funding level and $26,398,000 below the budget request. The
recommendation provides the maximum funding deemed prudent for
this account to insure that NIST meets its mission.
The Committee's recommendations are displayed in the
following table with specific increases described:
Electronics and Electrical Engineering..................          50,833
Manufacturing Engineering...............................          22,423
Chemical Science and Technology.........................          54,443
Physics.................................................          42,706
Materials Science and Engineering.......................          33,500
Building and Fire Research..............................          22,321
Computer Science and Applied Mathematics................          65,425
Technology Assistance...................................          16,134
National Quality Program................................           7,154
Research Support Activities.............................          47,018
National Research Facilities............................          37,912
Total, STRS.......................................         399,869
Within the funds made available for Electronics and
Electrical Engineering, $7,000,000 is for the Office of Law
Enforcement Standards [OLES].
Within the funds made available for Research Support
Activities, $16,028,000 is for the Building Competence for
Advanced Measurements Program, $1,027,000 is for the For
Inspiration and Recognition of Science and Technology Program,
$10,678,000 is for the Postdoctoral Research Associates
Program, $1,503,000 is for the Nanoparticle Risk Impact and
Assessment Program, and $612,000 is for the Operation Safe
Commerce Program.
INDUSTRIAL TECHNOLOGY SERVICES
Hollings Manufacturing Extension Programs [MEP].--The
Committee recommends an appropriation of $106,000,000 to fully
fund all MEP centers. MEP supports a network of locally-run
centers that provide technical advice and consultative services
to small manufacturing companies in all 50 States and Puerto
Rico. Many of these firms lack the technical knowledge and
experience to implement cutting edge technologies and cost
saving processes, which places them at risk from foreign
competition. The MEP, since its inception, has consistently
been the one program that small manufacturers could look to for
assistance. Whether it is assisting with quality standards,
implementing Y2K solutions, or providing strategic planning,
the MEP has delivered the services needed by small
manufacturers. Based on a sampling of clients surveyed in
fiscal year 2004, MEP clients indicated that the assistance
they received resulted in increased sales of $1,500,000,000;
retained sales of $2,600,000,000; cost savings of $686,000,000;
and the creation and retention of 50,315 jobs. These economic
impacts justify the full funding of the MEP.
Advanced Technology Program [ATP].--The Committee
recommends an appropriation of $140,000,000. Within the amounts
made available, $60,000,000 is to be used to fund new awards.
ATP is an industry-led, highly competitive, and cost-shared
program that allows U.S. companies to develop the next
generation of breakthrough technologies. These innovations
enable revolutionary products, cutting-edge industrial
manufacturing processes, and creative new services for the
world's markets. Independent studies have shown that ATP is
delivering on its mission. In a sampling of just 6 percent of
the ATP projects, the sampled projects returned $17,000,000,000
in net economic benefits, approximately an eight-fold return on
investment. The ATP program is critical to ensuring that U.S.
industries capture market share in the facing of growing global
competition, particularly in the fields of science and
CONSTRUCTION OF RESEARCH FACILITIES
The recommendation funds the highest priority safety,
capacity, maintenance, and repair projects at the National
Institute of Standards and Technology [NIST]. Of the amounts
provided: $4,000,000 is to enable the relocation of staff from
the leased NIST North building back to the main Gaithersburg,
Maryland, campus; $9,400,000 is for the final phase of
construction of the Boulder, Colorado, Central Utility Plant;
$4,000,000 is for the design and renovation of Building 4 in
Boulder to facilitate the relocation of the Instrument Shops
from Wing 3 of Building 1; $6,500,000 is for Phase I of the
Building 1 renovation design which includes construction
documentation and Architectural and Engineering Post
Construction Award Service [PCAS] for the renovation of Wings 3
and 4; $4,000,000 is for the Institute for Security Technology
Studies; and $10,100,000 is for Phase II of the Building 1
renovation design which includes construction documents and
construction management for the remaining wings and spine of
Building 1 in Boulder. Funding for the latter will allow
economies of scale to be achieved in procuring construction
support and design services. In addition, $35,000,000 is
provided for ongoing Safety, Capacity, Maintenance, and Major
Repairs projects at the Gaithersburg and Boulder facilities.
out-year budget estimates be submitted by the Secretary of
Commerce for fiscal year 2007 and each year thereafter as part
of the annual budget justification materials for each
construction project supported by the NIST appropriations.
(INCLUDING TRANSFERS OF FUNDS)
for the National Oceanic and Atmospheric Administration [NOAA].
Of this amount, transfers total $62,040,000. The recommendation
is $588,773,000 above the fiscal year 2005 funding level,
excluding emergency supplemental appropriations, and
$894,781,000 above the budget request.
The Committee recommendation disapproves the budget
request, which proposes to terminate or significantly reduce
nearly $600,000,000 from programs ranging from climate change
to marine mammal management to infrastructure support. The
Committee notes the Department's continued pursuit of
reductions to NOAA's enacted funding levels, and failure to
protest when reductions are recommended for budget savings or
political leverage. NOAA comprises approximately 65 percent of
the Department of Commerce's [DOC] budget. In a recent
Statement of Administration Policy, the DOC devoted one
sentence to the proposed $150,000,000 reduction to the budget
request for NOAA in fiscal year 2006, whereas the Department
devoted four paragraphs to reductions to its other bureaus,
which comprise 35 percent of its budget. The Committee finds
that NOAA is not well served by the DOC. The Committee notes
that the budgets of other science agencies funded under this
Act, including the National Science Foundation and the National
Aeronautics and Space Administration (both independent
agencies), thrive. The Committee fails to understand why
science dedicated to understanding this planet and its oceans
and atmosphere is less important than science dedicated to the
understanding of other planets, for example. The DOC's
strengths lie in the fields of business and trade. The DOC is
demonstrably ill equipped to comprehend the intricacies of
NOAA's scientific mission. The Committee continues to question
whether NOAA would be better able to serve the American people
as an independent agency.
OCEAN COMMISSION INITIATIVE
NOAA is the Nation's lead civilian agency in science,
service, and stewardship for the Earth's oceans and atmosphere.
The agency's importance was recently highlighted by the United
States Commission on Ocean Policy, the most comprehensive
review of ocean policy and programs in over 35 years. The
Committee's recommendations clearly highlight NOAA's diverse
and important programs, and call for the agency and its
programs to be strengthened and significantly expanded.
The Committee's recommended funding levels enhance and
improve a number of programs endorsed by the Commission. In
total, the Committee has recommended $666,181,000, $147,147,000
above the fiscal year 2005 funding level, and $309,513,000
above the budget request, to support a number of the NOAA
programs highlighted by the Commission's report. The Committee
notes that following the release of the Ocean Commission's
report, the budget request cut NOAA's Commission-endorsed
programs by at least $162,366,000. The Committee encourages
NOAA to give more consideration to the Commission-endorsed
programs in its fiscal year 2007 budget request. NOAA is
directed to provide the Committee with a report no later than
March 1, 2006. This report shall detail the requested increases
in fiscal year 2007 over fiscal year 2006 enacted levels for
all Commission-endorsed programs. The Committee recommendations
are provided in the following table:
COMMITTEE NOAA OCEAN COMMISSION INITIATIVE
Integrated Coastal & Ocean Observation System...........         109,680
Ocean Health Initiative.................................          20,000
Sustainable Marine Aquaculture..........................          18,622
National Sea Grant Program..............................          72,175
NOAA Education Initiative...............................          36,150
Coral Reef Protection...................................          28,237
Ocean Exploration/Undersea Research.....................          48,000
Marine Debris...........................................           6,450
Cooperative Fishery Research............................          21,750
Marine Mammal Initiative................................           5,000
Coastal and Estuarine Habitat Conservation/Restoration..         123,435
Satellite Oceanography..................................           4,000
Ship Operations & Maintenance...........................         110,228
Shipbuilding/Equipment and Technology...................          62,454
Total Ocean Commission Initiative.................         666,181
OPERATIONS, RESEARCH, AND FACILITIES
fiscal year 2005 funding level, excluding supplemental
appropriations, and $671,815,000 above the budget request.
NOAA NATIONAL OCEAN SERVICE
The Committee recommends an appropriation of $610,462,000
for the National Ocean Service [NOS]. NOS programs provide
scientific, technical, and management expertise to promote safe
navigation; assess the health of coastal and marine resources;
respond to natural and human-induced threats; and preserve the
coastal ocean and global environments.
Committee recommendations are displayed in the following
NOAA NATIONAL OCEAN SERVICE OPERATIONS, RESEARCH, AND FACILITIES
Navigation Services:
Mapping & Charting:
Mapping & Charting Base.........................          43,995
Joint Hydrographic Center.......................           7,500
Electronic Navigational Charts..................           6,190
Shoreline Mapping...............................           2,448
Dune System Assessment and Shoreline Change                  500
Analysis.......................................
Payment to OMAO.................................           3,058
Address Survey Backlog/Contracts................          20,450
EEZ Outer Continental Shelf Ocean Bottom Claims.           2,200
Alaska Surveys..................................           3,500
MS/LA Digital Coast.............................           1,000
Coastal Environmental Mapping Consortium........           1,000
Vessel Time Charter.............................          11,850
River Studies...................................             750
Subtotal, Mapping and Charting................         104,441
Geodesy:
Geodesy Base....................................          20,219
National Spatial Reference System...............           1,971
Height Modernization Regional Expansion--NGS                 233
Implementation.................................
Height Modernization Regional Expansion--NC.....             933
Height Modernization Regional Expansion--CA.....             933
Height Modernization Regional Expansion--TX.....           1,600
Height Modernization Regional Expansion--SC.....             467
Height Modernization Study--MS..................             600
Digital Earth Model--MS.........................           3,000
Subtotal, Geodesy.............................          29,956
Tide & Current Data:
Tide & Current Data Base........................          21,000
National Water Level Observation Network........           4,500
PORTS...........................................           3,000
Alaska Current & Tide Data......................           1,500
Subtotal, Tide & Current Data.................          30,000
Total, Navigation Services....................         164,397
Ocean Resources Conservation and Assessment:
Ocean Assessment Program (OAP):
Ocean Assessment Program Base...................          22,000
Coastal Storms..................................           2,500
Cook Inlet Coastal Monitoring and Habitat.......           1,000
Coastal Services Center.........................          23,000
Pacific Coastal Services Center.................           4,500
Coastal Change Analysis.........................             500
Lake Pontchartrain..............................           2,000
Louisiana Long Term Estuary Assessment..........           1,000
CREST...........................................           1,000
CI-CORE.........................................           2,500
Aquatic Research Consortium.....................           2,500
Coop Institute for Coastal and Estuarine Enviro            6,800
Tech (CICEET)..................................
Hawaii Coral Reef Initiative....................           1,500
Coral Reef Programs.............................          26,000
National Fish and Wildlife Foundation--NFWF.....           1,500
Ocean Health Initiative.........................          20,000
White Water to Blue Water Ecosystem.............           1,000
National Maritime Center........................           2,000
Lake Erie Monitoring............................             500
Subtotal, Ocean Assessment Program (OAP)......         121,800
Integrated Ocean Observing System:
NOAA ICOOS......................................          15,000
Coastal Observation Technology System...........           2,177
Coastal Ocean Research & Monitoring Program.....           2,473
NOAA/UNH Joint Ocean Observing Technology Center           4,000
Alaska Ocean Observing System...................           2,000
Gulf of Maine Observing System..................           2,000
Long Island Sound Observing System..............           1,000
Central Gulf of Mexico Observing System.........           2,000
So Cal Coastal Ocean Observing System (Scripps).           1,500
Alliance for Coastal Technologies...............           3,000
Center for Coastal Ocean Observation and                   2,500
UNCW Coastal Ocean Research and Monitoring......           2,500
Wallops Ocean Observation Project...............           2,000
Coastal Ocean Monitoring Network for West                    750
Florida........................................
Oregon Ocean Observing..........................           2,000
SURA Coastal Ocean Observing System.............           2,500
Subtotal, Integrated Ocean Observing System...          47,400
Response and Restoration:
Response and Restoration Base...................          15,843
Estuary Restoration Program.....................           1,200
Damage Assessment Program.......................           6,705
Mitigating Coastal Development Impacts..........           1,000
Marine Debris...................................           5,000
Marine Debris Removal--Alaska...................           1,450
Center for Marine Spill Response................           3,000
Pribilof Islands Cleanup and Economic                      7,000
Development....................................
Subtotal, Response and Restoration............          41,198
National Centers for Coastal Ocean Science (NCCOS):
NCCOS Headquarters..............................           5,000
Extramural Research.............................          15,500
Center for Coastal Environmental Health &                 15,000
Bimolecular Rsch...............................
Oxford Cooperative Lab..........................           4,500
Ctr for Coastal Fisheries Habitat Research......           6,504
Center for Coastal Monitoring & Assessment......           5,735
Center for Sponsored Coastal Ocean Research.....           3,700
Marine Env Health Research Lab--MEHRL...........           4,000
Subtotal, National Centers for Coastal Ocean            59,939
Science......................................
Total, Ocean Resources Conservation and                270,337
Assessment...................................
Ocean and Coastal Management:
Coastal Management:
CZM Grants......................................          70,500
CZM Program Administration......................           7,328
National Estuarine Research Reserve System......          20,000
Baldwin Educational Program.....................           1,000
Marine Protected Areas..........................           3,000
Subtotal, Coastal Management..................         101,828
Ocean Management:
Marine Sanctuary Program Base.......................          51,000
Northeast Hawaiian Islands Rsrch/HI Institute of               2,250
Marine Biology.....................................
USS Monitor Artifacts...............................             500
Northwest Straits Citizens Advisory Commission......           1,400
Subtotal, Ocean Management........................          55,150
Total, Ocean and Coastal Management...............         156,978
Integrated Coastal and Ocean Observations.--The United
States Commission on Ocean Policy's report documents the
enormous national benefits of deploying an operational ocean
measurement and forecasting capability. The United States
maintains a robust and effective meteorological observing and
modeling capability for the atmosphere, but it largely lacks
the same capability for the marine environment.
A true integrated system must coordinate and consolidate
data from stationary and drifting buoys, ships, satellites,
tide gauges, and other platforms, develop computer models, and
provide quality controlled data products on a real-time basis.
The Commission's report notes the many physical, chemical, and
biological variables that an integrated system needs to measure
on an operational basis. In short, the United States needs to
significantly improve its ability to measure and forecast the
oceans and especially the coastal oceans and environment. NOAA
needs to provide an oceans service for the Nation in the same
way it has for years provided a weather service.
The Committee recommendation provides $109,680,000 for
development, management, deployment, and operation of a true
national Integrated Coastal and Ocean Observing System. The
Committee notes that NOAA National Ocean Service has the lead
for creating this capability, but this challenge will involve
the combined capabilities of all NOAA components especially the
Office of Oceanic and Atmospheric Research and the National
Weather Service.
The Committee notes that the number of regional ocean
observing programs is increasing and that these programs are
maturing. The Committee is encouraged by recent efforts of some
of these regional organizations to establish a federation and
seek competitive funds. Integrating these regional systems into
a system of systems is fundamental to the broader concept of
the Integrated Ocean Observing System.
NOAA NATIONAL MARINE FISHERIES SERVICE
for the National Marine Fisheries Service [NMFS]. NMFS programs
provide for the management and conservation of the Nation's
living marine resources and their environment, including fish
stocks, marine mammals, and endangered species. Using science-
based conservation, management, and restoration activities,
these resources can benefit the Nation on a sustained basis.
NMFS seeks to build sustainable fisheries, recover protected
species, and sustain healthy coastal ecosystems and the
communities that depend on them.
NOAA NATIONAL MARINE FISHERIES SERVICE OPERATIONS, RESEARCH, AND
Marine Mammals, Marine Turtles, and Marine Protected
Protected Resources Research and Management
Marine Mammals, Sea Turtles & Other Species/              27,928
Endangered Species Act (ESA)...................
Conservation and Recovery with States...........           1,000
National Fish & Wildlife Foundation (NFWF)                 1,000
Species Mgmt (PSM).............................
Protected Species Stock Assessments and                    2,000
Mortality Estimation...........................
Subtotal, Protected Resources Research &                31,928
Management Programs..........................
Mammals:
Marine Mammal Protection (MMP)/NMFS Activities..           8,000
Marine Mammal Initiative........................           5,000
North Pacific Fixed Gear Research...............             150
Prescott Grant Program..........................           4,000
MS Center for Marine Education and Research.....           5,000
Shedd Marine Mammals............................             250
Alaska Native Marine Mammal Co-management:                   150
Harbour Seals..................................
North Pacific Southern Resident Orca Population            1,500
(PSM)..........................................
Recovery of Endangered Large Whales.............           1,000
Right Whale Activities (ESA)....................          10,000
Right Whale: Cooperative State Plans............           2,000
Bottlenose Dolphins.............................           2,000
Bottlenose Dolphins: Institute for Marine Mammal           2,500
Studies........................................
Dolphin Encirclement............................           3,260
Dolphins/Yellowfin Tuna Research................             235
Hawaiian Monk Seals.............................             825
Alaska Seals & Sea Lions: Endangered Species Act             850
Subtotal, Mammals.............................          46,720
Sea Turtles & Other Protected Species:
Endangered Species Act..........................           5,826
Hawaiian Sea Turtles............................           7,800
Rancho Nuevo Sea Turtles........................             350
Southeastern Sea Turtles........................             300
Endangered Species Act--Fish, Crustaceans,                 8,153
Mollusks.......................................
Subtotal, Sea Turtles & Other Protected                 22,429
Species......................................
Atlantic Salmon:
ESA Recovery and Research...................           3,086
Recovery Plan...............................             450
Research....................................             699
State of Maine Salmon Recovery (PSM)........           1,646
Subtotal, Atlantic Salmon.................           5,881
Pacific Salmon:
ESA Recovery and Research...................          51,192
ESA--Columbia River Biological Opinion                15,100
(BIOP) Implementation......................
Endangered Species Studies..................             300
Western Alaska Salmon Stock Identification..           2,500
Subtotal, Pacific Salmon..................          69,092
Total, Marine Mammals, Marine Turtles, and         176,050
Marine Protected Species.................
Fisheries Research and Management:
Core Fisheries Programs:
Fisheries Research and Management Programs......         127,831
Economics and Social Sciences Research..........           9,618
Fisheries Statistics............................          12,771
Fisheries Oceanography..........................           1,000
Interjurisdictional Fisheries Grants............           2,590
National Standard 8.............................           1,000
Reduce Fishing Impacts on Essential Fish Habitat             500
(EFH)..........................................
Anadromous Grants...............................           2,100
Product Quality and Safety......................           6,724
Subtotal, Core Fisheries Programs.............         164,134
Stock Assessments:
Expand Annual Stock Assessments--Improve Data             23,397
Collection.....................................
Strengthen Living Marine Resource Monitoring....           2,000
Subtotal, Stock Assessments...................          25,397
Salmon Management Activities:
Columbia River Hatcheries.......................          16,522
Columbia River Hatchery Reform..................             500
Pacific Salmon Treaty...........................           8,000
Chinook Salmon Management.......................             150
Chinook Salmon Research at Auke Bay.............             300
Subtotal, Salmon Management Activities........          25,472
Regional Councils and Fisheries Commissions:
Regional Councils...............................          16,500
International Fisheries Commissions.............             400
Interstate Fish Commissions: 3 Commissions......             750
Interstate Fish Commissions: Atlantic                      9,250
Cooperative Management.........................
Subtotal, Regional Councils and Fisheries               26,900
Commissions..................................
Fish Information Networks:
Atlantic States Marine Fisheries Commission.....           2,000
Alaska Fisheries Information Network (AKFIN)....           3,200
Pacific Coastal Fisheries Information Network              3,000
(PACFIN).......................................
Recreational Fishery Information Networkk                  3,445
(RECFIN).......................................
RECFIN--SC......................................             500
Marine Fisheries Initiative (MARFIN): NMFS                 2,400
Activities.....................................
Marine Fisheries Initiative (MARFIN): NE                     250
Marine Fisheries Initiative (MARFIN): Red                    750
Snapper........................................
Gulf Fisheries Information Network (GULF FIN)...           4,250
National Fisheries Information System...........           2,500
Subtotal, Fish Information Networks...........          22,295
Survey and Monitoring Projects:
Bluefin Tuna Tagging............................             850
Bluefish/Striped Bass...........................             692
Bluefish/Striped Bass: Chesapeake Bay...........             700
Bluefish/Striped Bass: Rutgers..................             790
Gulf of Maine Groundfish Survey.................             519
New England Stock Depletion.....................           1,000
Red Snapper Monitoring and Research.............           5,000
West Coast Groundfish...........................           5,220
Alaskan Groundfish Surveys: Calibration Studies.             240
Atlantic Herring and Mackerel...................             200
Chesapeake Bay Multi-Species Management.........             500
Management of George's Bank.....................             441
Subtotal, Survey and Monitoring Projects......          16,152
Other fisheries-related projects:
Reducing Bycatch................................           2,800
Charleston Bump.................................             250
Hawaii Fisheries Development....................             750
Groundline Exchange Pilot Program...............           2,000
Gulf Shrimp Bycatch and Reduction Research......           1,000
Hawaii Seafood Safety and Inspections...........           1,500
Hawaii Stock Enhancement Program (Oceanic                    500
Institute).....................................
Large Pelagics Research Program.................           3,000
Horseshoe Crab Research (HCRC)..................             650
Lobster Sampling................................             150
Scallop Fishery Assessment (MFI)................           1,900
Southern Shrimp Fishing Effort Research.........           2,300
Virginia Fisheries Trawl Survey.................             500
Subtotal, Other fisheries-related projects....          17,300
Total, Fisheries Research and Management......         297,650
Enforcement & Observers:
Enforcement & Surveillance:
Driftnet Act Implementation.....................           1,200
NMFS Activities (Science & Technology Driftnet             1,692
Act)...........................................
Enforcement & Surveillance......................          24,268
Cooperative Agreements with States..............          17,711
Vessel Monitoring System........................           9,300
Subtotal, Enforcement & Surveillance..........          54,171
Observers/Training:
Atlantic Coast Observers........................           3,348
East Coast Observers............................             350
Hawaii Longline Observer Program................           4,000
N. Pacific Marine Resources Observers/N.Pacific            2,500
Observer Program...............................
NE Groundfish Observers.........................           5,500
National Observer Program.......................           3,000
S. Atlantic/Gulf Shrimp Observers...............             800
West Coast Observers............................           5,000
Subtotal, Observers/Training..................          24,498
Total, Enforcement & Observers/Training.......          78,669
Habitat Conservation & Restoration:
Sustainable Habitat Management:
Habitat Conservation............................          17,800
Blue Crab Advanced Research Consortium..........           5,000
Non-Native Oyster Chesapeake Bay Program--VA....           2,000
Refine EFH Designations.........................             100
Subtotal, Sustainable Habitat Management......          24,900
Fisheries Habitat Restoration:
Connecticut River Partnership...................             400
Atlantic Salmon/Penobscot River Habitat                    2,500
Restoration....................................
Community-Based Restoration Grants..............          20,000
Mobile Bay Oyster Recovery......................           2,500
Chesapeake Bay Oyster Restoration (VIMS)........           2,000
Chesapeake Bay Oyster Restoration (MD)..........           4,000
Lower Elwha River Habitat Restoration...........             280
Merrimack River fish habitat/land conservation..             500
Great Lakes Restoration Program.................           1,500
Subtotal, Fisheries Habitat Restoration.......          33,680
Total, Habitat Conservation & Restoration.....          58,580
AK Composite Research and Development Program...........          55,000
Other Activities Supporting Fisheries:
Cooperative Research:
Cooperative Research--North Pacific Research               2,000
Board..........................................
National Cooperative Research...................           2,750
NE Cooperative Research.........................           3,750
New England Lobster Fishery Research............           3,000
Northeast Consortium............................           5,000
SE Cooperative Research.........................           4,250
West Coast Groundfish Cooperative Research......           1,000
Subtotal, Cooperative Research................          21,750
Other Programs:
Antarctic Research..............................           1,468
Chesapeake Bay Studies..........................           3,500
Climate Regimes & Ecosystem Productivity........           2,000
Computer Hardware and Software..................           3,383
Information Analyses & Dissemination............          18,328
Marine Resources Monitoring, Assessment &                  1,250
Prediction Prgm (MarMap).......................
National Environmental Policy Act (NEPA)........           8,000
NMFS Facilities Maintenance.....................           4,000
Southeast Area Monitoring & Assessment Program             1,385
(SEAMAP).......................................
Subtotal, Other Programs......................          43,314
Consortium for Fisheries & Wildlife Conflict                 800
Resolution.....................................
Joint Institute for Marine and Atmospheric                 2,500
Research (JIMAR), HI...........................
New England Multi-Species Survey (SMAST)........           3,000
Payment to OMAO.................................             770
Science Consortium on Ocean Research (SCORE)--NH/          1,000
FL/WA..........................................
Pacific Island Regional Office/Pacific Islands             5,000
Fisheries Science Center.......................
NW Fisheries Science Center Groundfish Team.....           1,700
Subtotal, Other projects......................          14,770
Total, Other Activities Supporting Fisheries..          79,834
Columbia River Hatcheries.--The Committee continues its
interest in efforts to reform hatchery operations in the
Columbia River Basin. The Committee directs the NMFS to work
with the Northwest Power and Conservation Council, the United
States Fish and Wildlife Service, State agencies, and tribes to
reform hatchery programs by replicating the Puget Sound and
Coastal Washington Hatchery Reform Project.
Hawaiian Hatcheries.--The Committee recommends $750,000 for
the Oceanic Institute to administer the Hawaii Fisheries
Development Program to perfect the transfer of hatchery
technology to the aquaculture industry and $500,000 for the
Oceanic Institute to administer the Hawaii Stock Enhancement
Program to perfect the transfer of hatchery technology to the
aquaculture industry.
By-catch Reduction.--The Committee recommends $1,000,000
for research related to the improvement of shrimp by-catch
reduction tools. The Committee is concerned with the efficacy
of shrimp by-catch reduction tools currently in use and
understands that goals for reductions in by-catch, such as
juvenile red snapper, have not been met to date. The NMFS is
directed to submit a report to the Committee no later than
April 30, 2006, that details the tools currently in use and
their efficacy for reducing by-catch, any ongoing efforts to
further reduce by-catch as well as any measurable
accomplishments towards reduction to date. The Committee
believes that efforts to reduce by-catch are imperative and the
report should therefore also include specific goals for
reductions in by-catch and outline NMFS' specific plans for
achieving their reduction goals.
AK Composite Research and Development Program.--The
Committee recommends funding for the AK Composite Research and
Development Program for Alaska Fisheries and Marine Mammals.
Alaska's commercial fishing industry is a primary employer,
providing 47 percent of private sector jobs, and is second only
to the oil industry in generating revenue to the State. Two of
the Nation's top three fishing ports, in terms of highest
dollar value for commercial landings, are in Alaska. In 2003,
Dutch Harbor-Unalaska moved the most fish of any port--908.7
million pounds for a total dollar value of $156,900,000.
Kodiak, Alaska, was not far behind generating $81,500,000 for
262.9 million pounds of fish landed.
The amount and dollar value of fishery resources taken from
the waters off Alaska are only half the story. The science,
research, and management of these living marine resources
provide for sustainable and abundance-based harvests. The North
Pacific has no fisheries listed as endangered, in part due to
the constant monitoring and research that this funding
provides. Alaska's fisheries management requires data and
research on over 900,000 square miles of ocean within the
Exclusive Economic Zone off Alaska's coast. These funds are
critical to provide data collection, analysis and further
resource development of these fisheries in order to provide
continued economic opportunity for the State of Alaska and its
numerous coastal communities. NOAA is directed to provide the
Committee with a spending plan for the funds provided under the
AK Composite Research and Development Program no later than 30
days after the date of enactment of this Act.
NOAA OCEANIC AND ATMOSPHERIC RESEARCH
for Oceanic and Atmospheric Research [OAR]. OAR programs
provide the environmental research and technology needed to
improve NOAA weather and air quality warnings and forecasts,
climate predictions, and marine services. To accomplish these
goals, OAR supports a network of scientists in its Federal
research laboratories, universities, and joint institutes and
partnership programs.
NOAA OCEANIC AND ATMOSPHERIC RESEARCH OPERATIONS, RESEARCH AND
Climate Research:
Laboratories & Joint Institutes.....................          51,000
Climate Observations & Services:
Climate and Global Change.......................          67,000
Climate Research & Observations.................          10,264
Climate Operations..............................             895
Climate Data & Information......................           3,313
Arctic Research Program (SEARCH)................           3,000
Climate Change Research Initiative..............          41,455
Subtotal, Climate Observations & Services.....         125,927
Partnership Programs:
East Tennessee Ozone Study......................             300
Climate Research (UAH)..........................           1,000
Drought Research Study..........................           1,000
Coastal Vulnerability to Climate Change.........           1,500
Center for Urban Environmental Research.........           1,000
Advanced Study Institute for Environmental                 1,500
Prediction.....................................
Abrupt Climate Change Research..................           1,000
Subtotal, Partnership Programs................           7,300
Total, Climate Research.......................         184,227
Weather & Air Quality Research:
Weather & Air Quality Research Programs:
Targeted Wind Sensing...........................           2,000
Coordinate NASA--NOAA Severe Storm R&D..........;           2,000
Tornado Severe Storm Research/Phased Arrary                6,000
Radar..........................................
Subtotal, Weather & Air Quality Research                10,000
Programs.....................................
Central CA Air Quality Study....................             375
Great Plains Center for Atmophere and Human                1,000
Health.........................................
Urbanet.........................................           6,000
New England Air Quality Study...................           3,000
NE Center for Atmospheric Science and Policy....           1,500
AIRMAP..........................................           5,000
High Altitude Air Study.........................             350
Risk Reduction in Weather Forecasts.............           2,000
Reducing Wind-Induced Damages from Storms.......           1,000
Remote Sensing Research (ISU/BCAL)..............             500
STORM (U. of N. Iowa)...........................             650
Subtotal, Partnership Programs................          21,375
Total, Weather & Air Quality Research.........          71,575
Ocean, Coastal, & Great Lakes Research:
Laboratories & Joint Institutes:
Laboratories & Joint Institutes.................          23,073
Subtotal, Laboratories & Joint Institutes.....          23,183
National Sea Grant College Program:
National Sea Grant College Program Base.........          66,675
Fish Extension..................................           1,500
Aquatic Nuisance Species/Zebra Mussel Research..           1,000
Gulf of Mexico Oyster Initiative................           1,000
National Sea Grant Law Center...................           1,000
Oyster Disease Research.........................           1,000
Subtotal, National Sea Grant College Program..          72,175
Exploration and Undersea Research:
National Undersea Research Program (NURP).......          12,500
National Institute for Undersea Science and                5,000
Technology.....................................
Ocean Exploration...............................          30,000
Exploration Autonomous Underwater Vehicle.......             500
Subtotal, Exploration and Undersea Research...          48,000
Invasive Species Programs:
NISA/Ballast Water Demonstrations...............           3,500
NISA/Alaska.....................................           1,500
Invasive Milfoil................................             250
Ballast Water Treatment Technology..............           2,000
HI Micronesia Invasive Species Program..........             500
Aquatic Invasive Species Program................           2,502
Subtotal, Invasive Species Programs...........          10,252
Aquaculture:
Marine Aquaculture Program......................           4,622
Atlantic Marine Aquaculture Center (CINEMAR)....           2,000
Pacific Tropical Ornamental Aquaculture.........             500
US Marine Shrimp Farming Program................           6,000
Center for Aquaculture Development..............           1,000
West Alabama Shrimp Aquaculture Program.........             500
Subtotal, Aquaculture.........................          14,622
Arctic Research.................................           3,000
Atmospheric Dispersion Forecasting..............           1,500
Urban Coastal Institute.........................             500
Gulf of Maine Council...........................           1,000
Lake Champlain Emerging Threats.................             500
Lake Champlain Research Consortium..............             350
Center for the Environment......................             800
Bio-screening Technology for Imported Seafood...           1,000
Subtotal, Other Partnership Programs..........           8,650
Total, Ocean, Coastal, and Great Lakes                 176,882
Research.....................................
ARGO................................................          10,300
TAU & PIRATA Arrays.................................           3,000
Total, Integrated Ocean Observing System..........          13,300
High Performance Computing Initiatives..................          13,000
Laboratories and Joint Institutes.--Of the funds provided
for Laboratories and Joint Institutes, the Committee recommends
$9,000,000 to establish the NOAA Joint Institute for the
Northern Gulf of Mexico.
National Sea Grant Program.--The Committee is concerned
that resources for technological assistance to seafood
businesses and university researchers have declined over the
past two decades and encourages the NOAA National Sea Grant
Program to expand and enhance its seafood technology
Integrated Ocean Observing System.--The Committee has
included the ARGO, TAU, and PIRATA arrays under the heading,
``Integrated Ocean Observing System''. These arrays provide a
broad range of data that is fundamental to numerous research
disciplines, not only climate change. The Committee encourages
NOAA to consider ways to make these arrays as multi-purpose as
National Undersea Research Program.--Of the amount provided
for the National Undersea Research Program [NURP], half of
these funds are for East Coast NURP centers and half are for
West Coast NURP centers, including the Hawaiian and Pacific
Center and the West Coast and Polar Regions Center.
NOAA NATIONAL WEATHER SERVICE
for the NOAA National Weather Service [NWS]. NWS programs
provide timely and accurate meteorologic, hydrologic, and
oceanographic warnings and forecasts to ensure the safety of
the population, mitigate property losses, and improve the
economic productivity of the Nation. NWS is also responsible
for issuing operational climate forecasts for the United
NOAA NATIONAL WEATHER SERVICE OPERATIONS, RESEARCH, AND FACILITIES
Observations, Forecasts, and Communications:
Local Warnings and Forecasts:
Local Warnings and Forecasts Base...............         524,830
Tsunami Hazard Mitigation (moved from OAR)......           2,291
Tsunami Warning & Environmental Obs for AK                 2,000
(TWEAK)........................................
Strengthen U.S. Tsunami Warning Network.........           5,680
Air Quality Forecasting.........................           4,500
Sustain Cooperative Observer Network............           1,890
Coastal & Inland Hurricane Monitoring &                    1,500
Prediction Program.............................
Coastal Weather Monitoring for Catastrophic                  475
Events.........................................
Susquehanna River Basin Flood System............           2,000
NOAA Profiler Network...........................           2,900
NC Flood Plain Mapping Pilot....................             600
Pacific Island Compact..........................           3,500
Space Environment Center........................           7,000
USWRP--US Weather Research Program--THORPEX.....           6,500
Western Kentucky Environmental Monitoring                  1,000
Network........................................
Vermont Northeast Weather & Wind Data                        220
Integration....................................
Subtotal, Local Warnings and Forecasts........         567,409
National Data Buoy Center.......................          23,240
Re-engineering & Design of Tsunami Detection               1,000
Buoys..........................................
Next Generation Buoy Research...................             500
Sea Level Monitoring & Tide Gage Network........             240
Operations and Research:
Advanced Hydrological Prediction Services.......           6,098
Aviation Weather................................           3,000
WFO Maintenance.................................           7,390
Central Forecast Guidance.......................          47,772
Subtotal, Operations and Research.............          64,260
Weather Radio & Communications:
Weather Radio Transmitters Base.................           2,320
NOAA Weather Radio Transmitters--MS.............             200
NOAA Weather Radio Receivers--AL................              50
Hurricane & Tornado Broadcast Campaign..........           1,500
Subtotal, Weather Radio & Communications......           4,070
Total, Observations, Forecasts, and                    660,719
Communications...............................
Systems Operation & Maintenance:
NEXRAD..............................................          43,367
ASOS................................................           8,593
AWIPS...............................................          37,541
NWSTG Backup--CIP...................................           3,042
Total, Systems Operation & Maintenance............          92,543
Flood Forecast.--The Committee recommends $2,000,000 for
the Susquehanna Flood Forecast and Warning System, which is
critical to protecting lives and property. Of this increase,
$1,500,000 is for system operations and $500,000 is for needed
capital improvements to existing infrastructure.
Tsunami Preparedness, Warnings, and Forecasts.--The
Committee recommends full funding. Within the recommended
amount, $10,000,000 is for tsunami specific activities,
including hazard mitigation, community preparedness, and
warning systems. The Committee recommends an additional
$109,680,000 for an Integrated Ocean Observing system, which
includes funding for tsunami detection buoys. The Committee
remains concerned that funds should not be spent on single
purpose observing systems. The Committee has recommended
funding for the National Data Buoy Center to re-engineer buoys
which support not only tsunami detection, but also a broader
Integrated Ocean Observing System.
Tsunami Modeling.--The Committee recognizes the value of
modeling technology capable of forecasting in real time the
behavior of tsunami waves as they leave deep waters and
approach the shore line, and encourages NOAA to explore the
feasibility of developing such models.
Weather Radar.--The Committee directs that NOAA's National
Weather Service continue to operate the weather radar and
office in Williston, ND. The Committee notes that there are
concerns regarding severe winter weather forecasts for
northwestern North Dakota and northeastern Montana.
Integrated Ocean Observation System [ICOOS].--As noted
earlier in this statement, while most of the ICOOS initiative
is funded under the NOAA National Ocean Service, NOAA's Weather
Service will play a major role in the development and
deployment of this initiative. The NOAA National Ocean Service
will work with the NOAA National Data Buoy Center in upgrading
existing ``marine weather buoys'' and re-engineering tsunami
detection buoys to be full environmental observation systems
that observe marine conditions both above and below the surface
of the ocean.
NOAA NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE
for National Environmental Satellite, Data, and Information
Service [NESDIS]. NESDIS programs operate environmental polar-
orbiting and geostationary satellites and collect and archive
global environmental data and information for distribution to
users in commerce, industry, agriculture, science and
engineering, the general public, and Federal, State, and local
NOAA NATIONAL ENVIRONMENTAL SATELLITE, DATA & INFORMATION SERVICE
Environmental Satellite Observing Systems:
Satellite Command and Control base..................          37,011
NSOF Operations.....................................           7,581
Product Processing and Distribution.................          27,628
Product Development, Readiness & Application........          17,224
Product Development, Readiness & Application (Ocean            3,980
Remote Sensing)....................................
Coral Reef Monitoring...............................             737
Joint Center/Accelerate Use of Satellites...........           3,291
Research to Ops/NOAA-NASA Partnerships..............           4,000
Global Wind Demo....................................           3,700
Interagency Global Positioning System Executive                  250
Board Secretarial (IGEB)...........................
Commercial Remote Sensing Licensing & Enforcement...           1,244
Remote Sensing Center...............................           2,000
Office of Space Commercialization...................             600
Total, Environmental Satellite Observing Systems..         109,246
NOAA's Data Centers & Information Services:
Archive, Access & Assessment:
Archive, Access & Assessment....................          33,640
Maryland........................................           5,500
GOES Data Archive Project.......................           1,200
Subtotal, Archive, Access & Assessment........          40,706
Data & Climate Centers:
Coastal Data Development........................           4,576
Regional Climate Centers........................           2,500
International Pacific Research Center (U of H)..           2,000
Integrated Environmental Applications &                    3,000
Information Center.............................
Environmental Data Systems Modernization........           9,384
Subtotal, Data & Climate Centers..............          21,460
Total, NOAA's Data Centers & Information                62,166
Services.....................................
NOAA-WIDE PROGRAM SUPPORT
for NOAA-wide program support. These programs provide for
overall NOAA management, including staffing of the Under
Secretary's office and services to NOAA and DOC field offices
through the regional Administrative Support Centers. These
programs also support NOAA's Education Office consistent with
the recommendations of the Ocean Commission. The Facilities
sub-activity provides for repair and maintenance to existing
facilities; facilities planning and design; and environmental
compliance. The Office of Marine and Aviation Operations
provides aircraft and marine data acquisition, repair, and
maintenance of the existing fleet, planning of future
modernization, and technical and management support for NOAA-
wide activities through the NOAA Commissioned Corps.
NOAA WIDE PROGRAM SUPPORT OPERATIONS, RESEARCH AND FACILITIES
Under Secretary and Associate Offices Base..........          29,229
NOAA Wide Corporate Services & Agency Management....          43,662
CBS (Formally CAMS).................................          11,000
Office of the Chief Admin. Officer Facilities Staff            1,500
(CAO)..............................................
Office of Chief Financial Officer (CFO).............           1,500
Office of Workforce Management......................             123
Payment to the DOC Working Capital Fund.............          40,693
Payment to the Business Management Fund.............          64,101
IT Security.........................................           4,050
Total, Corporate Services.........................         195,858
NOAA Education Program:
NOAA Education Program/Education Initiative.........          10,000
Ocean Science Bowl..................................           1,000
JASON Education and Outreach........................           2,500
BWET Chesapeake Bay.................................           3,500
BWET Hawaii.........................................           1,500
Educational Partnership Program/Minority Serving              14,400
Institutions (EPPMSI)..............................
Hawaii Humpback Education Program...................           1,750
Gulf Coast Exploreum................................           1,000
Narragansett Bay Marine Education (Save the Bay)....             500
Total, NOAA Education Program.....................          36,150
NOAA Facilities Management & Construction and Safety          13,431
Boulder Facilities Operations.......................           4,564
Environmental Compliance & Safety...................           4,087
Total, Facilities.................................          22,082
Marine Operations & Maintenance:
Aircraft Services...................................          18,625
Marine Data Acquisition.............................          95,065
Future Healthcare Benefits for Current Officers.....           2,012
Ocean Exploration and NOAA Corps Pay Differential...           1,500
Fleet Planning and Maintenance......................          15,163
Total, Marine Operations & Maintenance............         132,365
Under Secretary and Associate Offices.--The Committee
recommendation includes the transfer of 74 full time
equivalents to the Office of General Counsel.
The Committee encourages NOAA to consider restructuring the
offices of the Under Secretary to provide greater communication
between the Public Affairs Office and the Office of Legislative
Affairs. The Committee has noted a pattern of communication
failures between these offices. Other agencies, such as the
National Science Foundation, have developed a prudent structure
whereby the Public Affairs Office is housed within the Office
of Legislative Affairs. The Committee encourages NOAA to
consider such a model.
Program, Planning, and Integration.--The Committee has
provided funding for Program, Planning, and Integration under
NOAA-wide Corporate Services and Agency Management.
E-Government.--The Committee recommendation does not
including funding to implement E-Government initiatives.
Working Capital Fund.--The Committee has continued to
recommend appropriations for NOAA and Commerce Department
corporate costs under ``NOAA-wide Program Support''. The
Committee disapproves of the practice of allocating, or
``tithing'', corporate costs across programs, projects, and
Marine Operations and Maintenance.--The Committee has
provided substantial funding over the last several years for
NOAA to update and expand its fleet at a significant fixed cost
to the taxpayer. Congress intended that the modernization of
the fleet would result in taxpayer benefits in the way of
improved nautical charts, better managed fisheries, and ocean
exploration discoveries. However, these benefits cannot be
realized if funding is not provided to operate these ships. The
Committee notes that the fiscal year 2006 budget request does
not fully fund NOAA's operating days at sea. The Committee
provided funding for the construction and acquisition of these
ships to conduct research and operations not to keep the ships
tied to the docks. The Committee strongly encourages NOAA to
request full funding for ship time operating days in the fiscal
year 2007 request. Furthermore, NOAA is directed to provide a
report to the Committee no later than March 1, 2006, detailing
the number of operating days requested in the fiscal year 2007
budget for each ship. Of the funds provided for Marine Data
Acquisition and Fleet Planning and Maintenance, an additional
$10,400,000 is recommended to fully fund all of NOAA's shiptime
and maintenance needs. Under these headings, $3,600,000 is
recommended for the BIGELOW; $7,200,000 is recommended for the
FAIRWEATHER; $5,000,000 is recommended for the HI'IALAKAI;
$4,900,000 is recommended for the OSCAR DYSON; and $7,200,000
is recommended for University NOLS.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
$1,195,017,000. The recommendation is $1,555,652 above the
NOAA PROCUREMENT, ACQUISITION AND CONSTRUCTION
NOAA National Ocean Service:
Coastal and Estuarine Land Protection Program:
Coastal Ecosystems (Mobile & Baldwin)...........           5,000
Orange Beach....................................             800
Moose Mountain..................................           1,000
Zeebajojo.......................................           1,750
Newfields.......................................           2,000
Winnicut Headwaters.............................           1,500
Twelve Oaks.....................................             900
Marblehead Penninsula...........................             900
Alynne Pond.....................................           2,200
Grand River Big Bend............................             500
Eastern Shore...................................           1,125
Jamestown.......................................           3,000
Sowams Property.................................           1,000
Widget Woods....................................             750
Ballard Property................................             885
Marvell Property................................             700
Maquoit Bay.....................................           2,000
South Carolina Coastal Initiative...............           3,000
Babcock Ranch...................................           3,000
Chesapeake Bay..................................           4,000
Blackbird Creek Reserve.........................           1,500
Madeira's Creek.................................           2,000
Tuniper's Pond..................................             500
Detroit Riverfront West.........................           3,000
Potter Creek/Otis Bogs..........................             250
Thames River....................................             250
Dos Pueblos.....................................             250
Piedras Blancas.................................             250
Henry Property..................................           1,250
Herring River...................................             500
Elmer's Island..................................             250
Tchefuncte Marsh................................             200
Regis Ranch.....................................           1,740
Webster Woods...................................             500
Commencement Bay................................           1,550
Competitive Grants..............................          10,000
Subtotal, Coastal and Estuarine Land                    60,000
Protection Program...........................
NERRS Acquisition/Construction:
National Estuarine Research Reserve Construction          12,000
& Land Acquisition.............................
Texas NERR (new)................................           4,435
Subtotal, NERRS Acquisition/Construction......          16,435
Section 2 (FWCA):
Great Bay Partnership...........................           6,000
Village Point Park Preserve.....................           1,000
Subtotal, Section 2 (FWCA)....................           7,000
Marine Sanctuaries Construction/Acquisition:
Marine Sanctuaries Construction Base............           7,500
Channel Islands National Marine Sanctuary.......           3,000
Thunder Bay National Marine Sanctuary Exhibit...           1,000
Flower Garden Banks Patrol Craft................           3,200
Small Boats.....................................           5,000
Subtotal, Marine Sanctuary Construction/                19,700
Acquisition..................................
Other NOS Construction/Acquisition:
Gulf Coast Marine Aquaculture Laboratory........           4,000
Down East Institute For Marine Research.........           2,000
Center for Aquatic Resource Management..........           6,000
Pascagoula River Basin Estuarine Center.........           1,500
Subtotal, Other NOS Construction/Acquisition..          15,000
Total NOAA National Ocean Service--PAC........         118,135
NOAA National Marine Fisheries Service:
Systems Acquisition/Construction:
Pascagoula Laboratory--Dock Repairs & Harbor               1,500
Maintenance....................................
Gulf Coast Fisheries & Ocean Research Facility..           5,000
Barrow Arctic Research Center...................           8,000
Phase III--Galveston Laboratory Renovation......           2,027
Total, NOAA National Marine Fisheries Service--         16,527
PAC..........................................
NOAA Oceanic and Atmospheric Research:
Research Supercomputing/CCRI....................          10,611
Total, NOAA Oceanic and Atmospheric Research--          10,611
NOAA National Weather Service:
Systems Acquisition:
ASOS............................................           4,737
AWIPS...........................................          13,067
NEXRAD..........................................           8,604
NWSTG Legacy Replacement........................             534
Radiosonde Network Replacement..................           4,472
Weather and Climate Supercomputing..............          19,547
Weather and Climate Supercomputing Back-up......           7,244
Cooperative Observer Network Modernization......           4,289
Complete and Sustain NOAA Weather Radio.........           5,650
Subtotal, NWS Systems Acquisition.............          68,144
WFO Construction................................          13,803
NOAA Center for Weather & Climate Prediction               8,530
(NCEP).........................................
Subtotal, NWS Construction....................          22,333
Total, National Weather Service--PAC..........          90,477
NESDIS:
Systems Acquisition & Construction:
Geostationary Systems (GOES)....................         362,225
Polar Orbiting Systems (POES)...................         104,085
LandSat.........................................          11,000
Polar Orbiting Systems (NPOESS).................         325,070
EOS & Advanced Polar Data Processing,                      1,040
Distribution & Archiving Systems...............
CIP--single point of failure....................           2,837
Comprehensive Large Array Data Stewardship                 6,628
System (CLASS).................................
NPOESS Preparatory Data Exploitation............           4,500
Satellite CDA Facility..........................           2,280
Total, NESDIS--PAC............................         819,665
Program Support:
NOAA ICOOS Observing Systems (NOS)..............          15,000
Convert NOAA Weather Bouys with NDBC (NOS)......           4,000
Coastal Global Ocean Observing System (NWS).....           1,497
NOAA Pacific Regional Facility..................          20,000
Construction....................................          12,000
Subtotal, Construction........................          32,000
OMAO Fleet Replacement:
Small Waterplane Area Twin Hull Vessel (SWATH)..           4,000
Upgrades: NANCY FOSTER/OSCAR DYSON/HI'IALAKAI/             3,254
FAIRWEATHER....................................
Fisheries Survey Vessel Replacement #2..........           2,500
Fisheries Survey Vessel #3......................           5,500
Fisheries Survey Vessel #4......................          44,200
AUV Sensors.....................................           3,000
Subtotal, OMAO Fleet Replacement..............          62,454
Total, Program Support--PAC...................         118,431
Coastal and Estuarine Land Protection.--This is the fourth
year the Committee has recommended funding for the Coastal and
Estuarine Land Protection program [CELP]. This program is
modeled on the United States Forest Service's Forest Legacy
Program. The Committee notes that the success of the Forest
Legacy Program is in part due to the vetting process for each
land conservation project. The Committee notes that several
land conservation projects under the CELP program are not
similarly vetted. Therefore, the Committee directs NOAA to
assemble a list of projects that are ready and eligible for
funding under the CELP program in fiscal year 2007. Such
projects shall be identified as priorities under approved State
CELP plans, or if a State CELP plan has not been completed, by
the State's coastal program. These projects shall then be
reviewed and prioritized by the Agency based on appropriate
criteria. The Committee further directs that this list be
forwarded to the Committee no later than March 1, 2006.
Under the guidelines established for the Coastal and
Estuarine Land Conservation Program [CELCP], the Committee
directs NOAA to provide $1,000,000 to a nongovernmental
organization to conserve land at Moose Mountain and hold title
to land or interests in land in perpetuity. Furthermore, under
CELCP Guideline 2.6 C, ``silviculture'' shall be considered
consistent with long-term conservation on Moose Mountain.
Fish and Wildlife Coordination Act.--The funds included in
the Committee recommendation for this account will be used
expressly to acquire lands or interests in lands that include
significant conservation, recreation, ecological, historical or
aesthetic values or to construct interpretive, scientific, or
stewardship facilities at the sites. In keeping with the
statute, section 2 of the Fish and Wildlife Coordination Act
(The Act of March 10, 1934, Chapter 55), acquisition projects
are not dependent upon receipt of State, local, or private
matching funds.
NOAA Ships.--The Committee recommendation includes funding
to complete the construction costs associated with three
fishery survey vessels [FSV]. The Committee notes that the
National Marine Fisheries Service Data Acquisition Plan of 1988
identified a requirement for 10 acoustically quiet ships to
meet its needs for fisheries data collection at sea.
Furthermore, Public Law 106-450, the Fishery Survey Vessel
Authorization Act of 2000, authorized construction of six
acoustically quiet ships. Four of the six ships are needed for
deep water data collection and two are needed for shallow water
work. NOAA has contracted for, and the Committee has funded,
the first four deep water vessels. However, a need remains for
the shallow draft fisheries survey vessels. The Committee
directs NOAA to begin requirements definition and feasibility
studies of a shallow water class of fisheries survey vessels in
preparation for construction of the shallow water vessels
through a competitive procurement process.
The FSV2, the BIGELOW, will become operational during
fiscal year 2006. The BIGELOW is currently planned for
fisheries survey work in New England. NOAA is directed to
provide a report to the Committee no later than January 15,
2006, on potential homeports for this vessel in northern New
England. In preparation of this report, NOAA should consider
all costs associated with each potential homeport, including
potential dredging needs, dock rehabilitation and construction,
existing deep water terminals, and proximity to fishery
research areas. Funds associated with short- or long-term
berthing of this vessel are subject to section 505 of this Act.
NOAA Aircraft and Unmanned Aerial Vehicles.--NOAA's severe
weather research and reconnaissance aircraft are required to
collect data in hurricanes and winter storms in support of NOAA
operational forecasts and warnings. Most of these aircraft are
approaching 30 years of age. It is not clear how much longer
the present aircraft, avionics, and mission equipment can
continue to meet mission needs. NOAA is directed to submit a
plan to the Committee no later than May 15, 2006, describing
how NOAA will modernize or replace its aging aircraft fleet to
meet its severe weather data collection needs in the future.
This report should address the utilization of both manned and
remotely operated aircraft, and include instrumentation
requirements for the next generation severe weather research
and reconnaissance aircraft.
The Committee notes that over the past several years the
technological maturity of the United States manufactured
unmanned aerial vehicles [UAVs] has increased substantially.
UAVs offer NOAA a potentially low cost alternative to
traditional research and operational missions. The Committee
directs NOAA, in consultation with the National Aeronautics and
Space Administration, to report to the Committee no later than
March 17, 2006, on the potential use of UAVs to operate in the
near space environment for a variety of scientific and
operational missions. Such missions may include: weather
prediction, climate change, global-scale vertical resolution
and profiling, atmospheric-ocean-land exchange processes, land
surface and ecosystem monitoring, storm tracking, fisheries
research, coastal zone imaging and sampling, range safety
patrol, launch vehicle tracking and telemetry relay, satellite
verification, and ground truth measurements.
PACIFIC COASTAL SALMON RECOVERY FUND
The Committee recommends $90,000,000 for the Pacific
Coastal Salmon Recovery Fund. The recommendation is $1,202,000
above the fiscal year 2005 funding level and identical to the
Within the funding for this appropriation, the Committee
allocates funds as follows:
State of Alaska........................................           24,000
State of California....................................           13,000
State of Idaho.........................................            4,500
State of Oregon........................................           13,000
State of Washington....................................           25,000
Columbia River Tribes..................................            2,500
Pacific Coast Tribes...................................            8,000
COASTAL ZONE MANAGEMENT FUND
The recommendation includes requested language allowing not
to exceed $3,000,000 collected pursuant to the Coastal Zone
Management Act to be transferred to the ``Operations, Research
and Facilities'' account to offset the costs of implementing
that Act.
FISHERIES FINANCE PROGRAM ACCOUNT
Appropriations, 2005....................................        $287,000
Committee recommendation................................         287,000
The Committee recommends an appropriation of $287,000 in
subsidy appropriations for the NOAA Fisheries Finance Program
Account. The recommendation is identical to the fiscal year
2005 funding level and $287,000 below the budget request. The
recommendation provides support for the following: $5,000,000
for Individual Fishing Quota loans; and $59,000,000 for
traditional fisheries finance direct loans, of which
$19,000,000 is for the menhaden fishery.
Appropriations, 2005.................................... $16,070,400,000
Budget estimate, 2006...................................  16,456,400,000
House allowance.........................................  16,471,050,000
Committee recommendation................................  16,396,400,000
$16,396,400,000 for the National Aeronautics and Space
Administration [NASA]. The recommendation is $326,000,000 above
the fiscal year 2005 funding level, excluding emergency
The National Aeronautics and Space Administration [NASA]
was established by the National Aeronautics and Space Act of
1958 (Public Law 85-568) to conduct space and aeronautical
research, development, and flight activities for peaceful
purposes designed to maintain U.S. preeminence in aeronautics
and space. NASA's unique mission of exploration, discovery, and
innovation is intended to preserve the United States' role as
both a leader in world aviation and as the pre-eminent space-
faring nation. It is NASA's mission to: advance human
exploration, use, and development of space; advance and
communicate scientific knowledge and understanding of the
Earth, the Solar System and the Universe; and research,
develop, verify, and transfer advanced aeronautics and space
The President has announced a vision to return man to the
Moon and eventually to Mars. This vision has provided an
overall direction and focus for NASA. NASA has had over 18
months to formulate its plans and to begin implementation of
this initiative. The Committee hopes that current work by NASA
will come to fruition soon, and that the details of how to
pursue the exploration vision will begin to take shape. The
Committee is supportive of the vision, but also has
reservations about fully moving forward to implement this
ambitious undertaking without comprehensive authorization
legislation.
The Committee has modified the internal programs within the
account structure as proposed in the budget request. The
Committee has transferred the appropriate activities to reflect
the two accounts of Science, Aeronautics, and Exploration and
Exploration Capabilities. The account of the Office of the
Inspector General will remain unchanged. These account
revisions are being made to accommodate NASA's exploration
vision. NASA has made substantial changes to its account
structure each year and this has made it difficult to do year-
to-year comparisons for funding. The Committee expects NASA to
make no changes to the themes within each account or to the
programs within each theme in its fiscal year 2007 budget
The Committee is extremely disappointed in the lack of
detail provided in the fiscal year 2006 congressional budget
justification document. Budget justifications are critical to
the Committee's ability to make informed decisions concerning
the administration's funding and must be submitted in a format
with the greatest level of detail possible. In order for the
budget justifications to be of value to the Committee, NASA is
to present the fiscal year 2007 budget justification with
detailed information on the prior year, current year, requested
funding levels, and funding levels for the subsequent 4 fiscal
years for each program, project, or activity funded within each
division and directorate in each account, and provide detailed
information on all proposed changes being requested. NASA is
directed to submit to the Committee, not later than October 15,
2005, a template for its fiscal year 2007 budget justification
document that complies with this direction.
The Committee understands that NASA is undertaking several
extensive studies to define the activities and schedule
necessary for accomplishing the initial stages of the
exploration vision. The Committee commends NASA for the work
being done, but notes that the results may not come in time for
consideration during the deliberations of fiscal year 2006
appropriations. The Committee is open to considering funding
adjustments as details are provided to the Committee.
In past years, NASA has chosen to make major programmatic
decisions through the operating plan process. While such
changes are allowed, it is not the view of the Committee that
this should be a regular occurrence. Instead, such changes
should be for minor adjustments as they arise and only in
exceptional circumstances should comprehensive changes be made.
Such changes disrupt the planning of ongoing activities and
create unplanned workforce management difficulties.
NASA's new vision maps out an aggressive role for the
United States in both manned and unmanned space exploration.
However, the potential out-year costs are substantial and will
likely be very difficult to sustain at the estimated levels. In
addition, there must be a commitment by NASA to those
activities that are already underway. The Shuttle program and
the construction of the International Space Station [ISS]
continue to be the primary focus of the Nation's manned space
flight activities. Nevertheless, a replacement for the Space
Shuttle's manned and heavy lift capabilities must be considered
as part of any plan for continued human access to space.
NASA now must lay the groundwork for the successful
implementation of the proposed vision. The Committee expects
NASA to take steps toward implementing the vision in fiscal
year 2006 and to provide year-by-year budgetary and
developmental goals related to the vision for the next 5 years,
along with 10-year summary budget totals, in the fiscal year
2007 request.
The Committee is concerned that NASA will neglect areas
that will only tangentially benefit from, or that do not fit
within, the proposed vision. Within the fiscal year 2006 budget
request, programs and infrastructure are proposed to be
deferred or cancelled in such areas. These programs appear to
be the sacrifices for the near-term budgetary resources needed
to facilitate the implementation of the Moon/Mars vision.
The new National space policy to proceed with human and
robotic exploration of the Moon, Mars, and beyond has profound
implications for all of the science conducted by NASA. While
the Committee applauds those goals, it is concerned that the
strong, balanced science program that has served the Nation so
successfully for many years could be left behind instead of
being nurtured and sustained. That science program has been
based on a set of carefully crafted scientific strategies that
are founded on scientific and technical merit, relevance to
overall national needs, and broad consultation with the
scientific community. NASA is encouraged to look for ways to
maintain a balance with the productive science NASA is known
for and currently has underway, while taking the steps to
fulfill the exploration vision.
Finally, for fiscal year 2006 and each year thereafter, the
Committee directs NASA to include the out-year budget impacts
in all reprogramming requests. Future operating plans and all
resubmissions also shall include a separate accounting of all
program/mission reserves and impacts on estimated carry over
funds.
SCIENCE, AERONAUTICS, AND EXPLORATION
for the Science, Aeronautics, and Exploration account. The
NASA's Science, Aeronautics, and Exploration [SAE] account
provides funding for the Science, Exploration Systems, and
Aeronautics Research Mission Directorates and Education
Programs. The SAE appropriation includes both the direct and
the indirect costs of supporting the Mission Directorates and
Education Program, and provides for: research; development;
operations; salaries and related expenses; design, repair,
rehabilitation, and modification of facilities and construction
of new facilities; maintenance and operation of facilities; and
other general and administrative activities supporting SAE
Within this account, the Committee directs NASA not to
charge any administrative expenses to congressionally-directed
spending on specific projects. These costs should be absorbed
within the funding provided in this account. The Committee has
provided $50,000,000 within this account for initiatives
terminated in the fiscal year 2006 budget request.
A servicing mission to the Hubble Telescope is a National
priority. The National Academy of Sciences affirmed this view
in its report to the Agency late last year. The NASA
Administrator has echoed this view and announced a formal
internal study to determine the feasibility of a shuttle based
SM-4 mission once the shuttle fleet is safely returned to
flight. The Committee reiterates its strong support for an
appropriate servicing mission to Hubble to ensure the continued
operation of the telescope into the next decade. Therefore, in
preparation for a potential shuttle based servicing mission,
the Committee recommends an increase of $250,000,000 above the
budget request for an SM-4 mission to be completed by the end
of 2008, pending a final decision by the NASA Administrator.
The Committee recognizes the potential for fulfilling some
future planetary exploration, mapping, positioning, and
communications requirements at greatly reduced cost through
microsatellites. Of the funds recommended for Exploration
Systems, $20,000,000 shall be used for the evaluation of
alternative small spacecraft technologies with the potential
for dramatically lowering planetary exploration costs. These
funds shall be applied to developing low cost payload and
satellite bus technology in a pathfinder mission demonstrating
high impact exploration technologies. NASA shall work with the
Department of Agriculture, the Department of Defense, the
National Oceanic and Atmospheric Administration, and other
Federal agencies in sharing data collected from this pathfinder
mission in order to evaluate small spacecraft technology's
potential for fulfilling multi-agency applications.
The Committee supports the independent review of the
Discovery 11 selection process and expects a favorable decision
in order to proceed with a Discovery 11 new start. The
Committee is concerned about potentially escalating costs
associated with future Discovery missions. Therefore, for all
future Discovery missions following Discovery 11, the Committee
caps the Discovery program at not more than $350,000,000 per
mission. Further, the Committee expects NASA to proceed as well
with the Discovery 12 announcement of opportunity as quickly as
the Discovery 11 selection is resolved. This is to ensure that
proceeding with Discovery 11 does not jeopardize Discovery 12's
funding.
The Committee recommends the requested level of
$234,000,000 for the Living With A Star [LWS] program. This
program is one of NASA's most important space science programs.
The Committee expects NASA to issue an announcement of
opportunity for the Geospace Radiation Belt Storm Probe no
later than July 29, 2005. In addition, the Committee directs
NASA to develop a plan to guarantee launch of this Geospace
mission and the Solar Dynamic Observatory [SDO] as close to 1
year of each other as possible, with the Solar Sentinels to
follow thereafter within a reasonable timeframe. The Committee
remains concerned about SDO's cost growth over time and expects
NASA to take steps to manage it so as not to adversely impact
the future launch schedules of Geospace and the Solar
Sentinels.
The Committee recommends $78,800,000 for NASA's Solar
Terrestrial Probes program, the same as the budget request.
Funds provided herein should support an early 2006 launch of
Solar Stereo as well as robust funding to commence phase C/D
work for the magnetospheric multiscale [MMS] mission, with the
expectation that MMS will have a funding profile to launch no
later than 2011.
Earth science has been a critical part of the balanced
space program long advocated by this Committee. The Committee
remains fully committed to a robust Earth science program at
NASA notwithstanding the recent headquarters reorganization
plan. The Committee expects NASA to remain fully committed to
Earth science, with future missions that reflect a serious
commitment to Earth science as a vital part of the Nation's
space program. The Committee further recommends $102,837,000
within this account to supplement activities within the areas
of earth science and exploration.
The recommendation includes an increase of $15,000,000
above the budget request for the NASA Earth Science
Applications Program. This funding increase will be used to
support competitively-selected applications projects. These
projects will integrate the results of NASA's earth observing
systems and earth system models (using observations and
predictions) into decision support tools to serve applications
of national priority including, but not limited to: Homeland
Security; Coastal Management; Agriculture Efficiency; and Water
Management and Disaster Management.
The Committee is encouraged by the efforts of the National
Academy of Sciences to devise an earth science decadal survey,
as has already been done for the other science disciplines
funded by NASA. The Committee expects NASA to have an
implementation plan, with new start funding attached, to
initiate the highest priority missions from the decadal survey
in fiscal year 2007. In addition, the Committee fully expects
this implementation profile to have a continuous mixture of
small-, medium-, and observatory-class earth science missions
that guarantee regular and recurring flight opportunities for
the earth science community.
In addition, the Committee notes the continued success of
the earth observing data information system [EOSDIS] and the
EOSDIS core system [ECS] which has successfully handled record
amounts of data for storage and distribution to the scientific
community for the EOS mission series. The Committee directs
NASA to ensure that the EOSDIS and the ECS remain the
operational foundation of the evolutionary ground system to
implement all of the new missions funded as a result of the
earth science decadal survey.
technological maturity of U.S. manufactured unmanned aerial
vehicles [UAVs] has increased substantially. The Committee
believes UAVs could offer NASA a potentially low cost
alternative to traditional earth science research missions,
thereby opening up new opportunities for research that do not
currently exist. In addition, the use of UAVs offers similar
opportunities for NOAA to utilize new, low cost technology that
could improve weather and severe storm prediction capabilities.
Therefore, the Committee directs the NASA Administrator, in
consultation with NOAA, to report to the Committee on the
potential use of UAVs to operate in the near space environment
for a variety of science and operational missions, including
weather prediction, climate change, global-scale vertical
resolution and profiling, atmosphere-ocean-land exchange
processes, land surface and ecosystem monitoring, storm
tracking, coastal zone imaging and sampling, range safety
verification, and ground truth measurements. The report shall
be completed no later than March 17, 2006.
The Committee recommends the budget request of $30,900,000
for continued operation of the Independent Verification and
Validation [IV&V;] Center in Fairmont, WV.
The Committee is concerned with the steady decline in the
aeronautics research and technology request. Even more
alarming, NASA's budget projections indicate that this trend
will continue. Further, the United States faces major foreign
competition in the commercial aviation arena. The Committee is
committed to the research NASA conducts in aeronautics, and to
the benefits, both in terms of safety and economics, that will
be made available to the public through NASA-led research.
With U.S. competitiveness under pressure from other
countries, it is imperative that NASA honor its historical role
in civil and military aeronautics research. The Committee is
troubled by the budget request's proposed dismantlement of the
Vehicle Systems Program by concentrating its resources on a
narrow set of flight demonstrations that have not been the
subject of any peer review, whereas the seven major projects of
the existing VSP were found by the National Academy to be of
good quality a little over 2 years ago. For this reason, NASA
is directed to halt any transition to the proposed ``four
flight project'' architecture for the VSP, and instead shall
maintain the existing program structure in place, along with
its people and facilities. While the Committee supports the
establishment of a new national aeronautics policy, any such
policy must be guided by the data provided in the recently
completed National Institute of Aerospace [NIA] report,
``Responding to the Call: Aviation Plan for American
Leadership''. Any prospective new policy must be driven by
scientific merit and industrial need and baseline data for such
a policy, and the funding profile flowing from it, should be
taken from the NIA report rather than some new collection
effort or study.
Based on the success of the X-43 program, the Committee
recommends $25,000,000 to continue the research being conducted
on hypersonic engine technologies. The Committee also continues
to encourage joint NASA and Air Force cooperation and
collaboration in advancement of aeronautics technologies in the
National interest.
NASA has a long history of supporting science, technology,
engineering, and mathematical education. This support reaches
all levels of education from K-12 to graduate level. For NASA
to embark on its vision for exploration there must exist a
general workforce that is technically skilled as well as a wide
range of scientists and engineers for NASA to draw upon. This
will require exciting young minds in the areas of science, and
then sustaining this excitement through college and beyond. To
help accomplish this task, NASA has dedicated funds toward many
education activities. Within the education programs provided
for within this account, the Committee recommends $12,000,000
for the NASA Experimental Program to Stimulate Competitive
Research [EPSCoR], $29,550,000 for the National Space Grant
College and Fellowship Program (Space Grant), and $54,233,000
for other education-related activities. The Committee also
encourages NASA to continue its cooperative educational
programs with the Museum of Natural History and the Hayden
Planetarium in New York. The Committee directs, to the extent
possible, that education funds within this account address the
education needs of women, minorities, and other historically
underrepresented groups.
The Committee is prepared to commit funds to the Crew
Exploration Vehicle [CEV], but is concerned that the current
plans for accelerating the schedule for the CEV could have a
dramatic impact in the funding profile of the program. NASA is
encouraged to find ways to mitigate the impacts of such a
change in fiscal year 2006 funding for the CEV if this becomes
necessary.
As NASA begins to consider another manned vehicle program,
it must not repeat the mistakes of the Space Station, where
poor management and lack of independent oversight resulted in
major cost overruns. At this early stage in the development of
the CEV, it is essential that these mistakes not happen again.
The Committee acknowledges the desire of NASA to attempt to
replicate the efforts of the X-Prize in the proposed Centennial
Challenges program. The Committee is concerned that NASA is
asking for a lump sum of funds for the Centennial Challenges
program and only then will NASA identify the challenges and
assign prize levels for completion. In future budget
justifications, NASA shall identify the challenges being
proposed for prize funding, and the specific amounts to be
awarded for each challenge. No funding is recommended for this
program. The Committee notes that unexpended balances for this
program remain from last year. These balances should be applied
to the Centennial Challenges program for fiscal year 2006.
Finally, the Committee reiterates that no funds shall be
expended for this program until it is authorized.
In accordance with the President's stated expectation of
exploration furthering not only U.S. scientific leadership but
also our security and economic interests, the Committee directs
that the funding for the Research Partnership Centers and the
University Research Engineering and Technology Institutes be
funded at the same level in fiscal year 2006 as they were in
fiscal year 2005. The Committee further directs NASA to
provide, as a part of the fiscal year 2007 budget submission, a
fully developed plan for developing and funding sustained
viable university/industry partnerships in areas of technology
that are critical to the success of the Exploration Vision.
The Committee notes that future launch vehicles and
spacecraft will require extensive use of advanced materials
beyond anything currently in use. Further developments in
fracture control/failure analysis, composites, structural
design and testing, and advanced manufacturing are absolutely
critical to the future missions of the exploration vision.
Developing a fundamental understanding of the extended use of
composites in the design of new vehicles and spacecraft will
also be critical to the development of any new structural
systems. Equally important to NASA's future usage of these
materials will be the ability to utilize or develop inspection
techniques which are consistent in detection capability with
the requirements for variability reduction. For these purposes,
the Committee provides an increase of $30,000,000 to the
National Center for Advanced Manufacturing for research to
extend the use of advanced components and materials in the
design of new vehicles and spacecraft.
The Committee notes that numerous components have been
developed for use in the International Space Station [ISS]
Environmental Control and Life Support System [ECLSS]. Although
these components have performed admirably for short-duration
subsystem tests, there is little long-range operational data
available. It is important to know how long a subsystem is
anticipated to perform or the problems that can be expected
should subsystem components fail. Such information will be
vital for future lunar habitation modules as part of the
exploration vision. The Committee therefore recommends
$10,000,000 for research and development for integrated
radiation shielding protection, regenerative environmental
control and life support systems, advanced life support air
revitalization, and integrated vehicle health management
through the ECLSS Life Test program office.
Within the funds provided, the Committee recommends
$20,000,000 for the Propulsion Research Laboratory to perform
nuclear thermal propulsion systems development and for other
advanced nuclear power propulsion research for application to
the exploration vision through the Prometheus Nuclear Systems
and Technology program.
Finally, the Committee recognizes the National Remote
Sensing and Space Law Center's role as a resource to multiple
agencies, providing legal research and outreach on critical
space and aviation law issues. The Committee recognizes a
growing need for objective and timely space and aviation law
support in areas that include deployment and operation of
satellites, commercial infrastructure, data policies,
intellectual property, privacy, liability, international law,
use of imagery as legal evidence, environmental issues, and
licensing. As public and private entities continue to expand
their presence in space, this research will increase in
importance. The Committee therefore directs the NASA to report
to the Committee by March 1, 2006, on the need for continued
and expanded research into these areas. This report should
include guidance on the expansion of the National Remote
Sensing and Space Law Center.
EXPLORATION CAPABILITIES
$6,603,000,000. The recommendation is $1,755,443,000 below the
fiscal year 2005 funding level and $160,000,000 below the
President's request for these activities.
NASA's Exploration Capabilities [EC] account provides
funding for the Space Operations Mission Directorate. The Space
Operations Mission Directorate includes International Space
Station [ISS], Space Shuttle Program, and Space and Flight
Support. The Committee notes that NASA has chosen to fund
certain activities under Science, Aeronautics, and Exploration
that were previously funded under this account. As a result,
funding in the EC account has been significantly reduced.
The EC appropriation includes both the direct and the
indirect costs supporting the Space Operations Mission
Directorate, and provides for all of the research; development;
of new facilities; maintenance, and operation of facilities;
and other general and administrative activities supporting the
EC programs.
There is no higher priority than improving the safety and
reliability of the remaining Shuttle orbiters. The Shuttle
remains the cornerstone of our Nation's heavy launch capability
and is critical to the future of the ISS and scientific
research. The future of the ISS, and other U.S. manned space
flight missions for the rest of the decade are contingent upon
having a working Shuttle fleet that is safe and reliable
throughout the remaining years of the shuttle program. The
Committee is concerned that as the Shuttle and the Shuttle
infrastructure continue to age, further challenges in operating
the fleet may arise.
The Committee recommends $4,530,600,000 for the Shuttle.
This is identical to the budget request. The funds provided
within this account are dedicated solely to shuttle funding
The Committee reminds NASA that it must request a
reprogramming, in writing, to move or alter the purpose of any
funds related to the shuttle program, and that NASA must
include the out-year impacts on all activities involved in such
reprogramming.
Finally, the Committee expects consultation by NASA on all
proposed changes to investments in the Shuttle program. These
consultations must occur before final decisions are made.
The Committee notes that the ISS continues to operate at a
reduced level with future construction not expected to begin
until later this year, at the earliest. Despite the ability of
international partners to fill the gap created by the grounding
of the shuttle fleet, the capabilities of the ISS have been
dramatically diminished.
As construction of the ISS resumes, revised plans for the
future of the ISS must also be set. If there is to be a
redirection of the research to be conducted onboard the ISS,
any revision shall be done in consultation with the ISS
partners. These partners will be affected by such actions, and
their participation to this point has been crucial. If NASA
intends to have international partners for future space
exploration, then NASA should be sure not to exclude its
current partners in making decisions involving the research
direction and construction schedule of the ISS.
NASA is reminded that it must provide the Committee with a
plan detailing the steps necessary to complete construction of
the ISS. This plan may include completion of the ISS by only
using the shuttle, or a combination of shuttle and unmanned
flights for delivering components to the ISS. The cost
implications associated with the revised schedule must be
included in the report.
The recommendation does not include the requested amount
for crew and cargo services. The Committee notes that the total
amount appropriated for fiscal year 2005, $98,000,000, has not
been expended and will be carried over in its entirety into
fiscal year 2006. This funding is sufficient for any initial
activity that might be initiated for this activity in fiscal
The Office of Inspector General [IG] was established by the
Inspector General Act of 1978. The Office is responsible for
providing agencywide audits and investigative functions to
identify and correct management and administrative deficiencies
which create conditions for existing or potential instances of
fraud, waste, and mismanagement.
The Committee commends the NASA IG's diligence in
addressing issues of fraud and abuse.
The Committee also directs the NASA IG to continue its
efforts to review NASA's contract procedures and conventions to
determine if there are ways to reform the process and reduce
the costs of NASA programs and activities. In particular, many
NASA contract provisions require NASA to pay for significant
cost overruns in cases of program delays. These costs are
substantial and, in some cases, may be unwarranted or
unnecessary. As a result, implementation of contract reform
should be considered a priority as part of any overall
restructuring at NASA.
The Committee recommendation includes a series of
provisions, proposed by the administration, which are largely
technical in nature, concerning the availability of funds.
These provisions have been carried in prior-year appropriations
acts.
The Committee has removed the transfer authority that NASA
was granted as an extraordinary measure in fiscal year 2005. At
the time of enactment of the fiscal year 2005 Omnibus
Appropriations Act (Public Law 108-447), NASA and the Committee
were in the difficult position of having to prepare funding
estimates for the Shuttle fleet for return to flight with very
preliminary estimates of the costs involved. In order to assure
proper funding levels for the Shuttle program, extraordinary
flexibility for transfers was allowed by the Committee. Now
that the Shuttle program has returned to regular funding
patterns, the need for comprehensive transfer authority no
longer exists. NASA shall abide by the guidelines provided in
section 505 of this Act for future requests to reprogram funds.
The Committee is concerned that NASA has not utilized
independent cost verification early in the process of
estimating costs for its programs and missions or in assessing
the appropriate funding levels of sole-source contracts. By not
using this tool, NASA cannot be certain that potential contract
costs are accurately represented. In allocating resources for
current and future needs, effective cost estimation is crucial.
NASA is directed to incorporate independent cost verification
as part of the process by which contracts are selected. These
shall be used as a guide for assessing when costs have exceeded
expectations and to help identify projects for termination.
Finally, NASA shall notify the Committee 15 days prior to
allocating funds, modifying, or extending existing contracts
that are in excess of 15 percent of the original contract
value. Within this notification, the contractor, with the
concurrence of NASA, shall justify the additional expenditure
of funds, and NASA shall identify the source of any additional
funds. It is critical that NASA be able to control costs for
its activities. The Committee will not look favorably upon the
use of contractors that repeatedly have cost overruns unless
these cost overruns have been justified.
The National Science Foundation was established as an
independent agency by the National Science Foundation Act of
1950 (Public Law 81-507) and is authorized to support research
and education programs that promote the progress of science and
engineering in the United States. The Foundation supports
research and education in all major scientific and engineering
disciplines through grants, cooperative agreements, contracts,
and other forms of assistance awarded to more than 2,000
colleges and universities, nonprofit organizations, small
businesses, and other organizations in all parts of the United
States. The Foundation also supports unique, large-scale
research facilities and international facilities.
The Committee notes that productivity growth, powered by
new knowledge and technological innovation, makes the economic
benefits of a comprehensive, fundamental research and education
enterprise abundantly clear. New products, processes, entire
new industries, and the employment opportunities that result
depend upon rapid advances in research and their equally rapid
movement into the marketplace. In today's global economy,
continued progress in science and engineering and the transfer
of the knowledge developed is vital if the United States is to
maintain its competitiveness. NSF is at the leading edge of the
research and discoveries that will create the jobs and
technologies of the future.
The Committee reiterates its long-standing requirement that
NSF request reprogrammings when initiating new programs or
activities or reorganizing components. The Committee directs
the Foundation to notify the chairman and ranking minority
member prior to each reprogramming of funds in excess of
$250,000 between programs, activities, or elements. The
Committee expects to be notified of reprogramming actions which
involve less than the above-mentioned amount if such actions
would have the effect of changing the agency's funding
requirements in future years, or if programs or projects
specifically cited in the Committee's reports are affected.
To the greatest extent possible, the funding provided to
NSF for activities for fiscal year 2006 is not to exceed the
requested level except where otherwise recommended by the
fiscal year 2005 funding level and $11,713,000 above the budget
The Research and Related Activities appropriation addresses
the Foundation's three strategic goals: people--developing a
diverse, internationally competitive and globally-engaged
workforce of scientists, engineers, and well-prepared citizens;
ideas--enabling discovery across the frontiers of science and
engineering, connected to learning, innovation, and service to
society; and tools--providing broadly accessible, state-of-the-
art science and engineering facilities and shared research and
education tools. Research activities will contribute to the
achievement of these outcomes through expansion of the
knowledge base; integration of research and education;
stimulation of knowledge transfer among academia and public and
private sectors; and international activities, and will bring
the perspectives of many disciplines to bear on complex
problems important to the Nation. The Foundation's discipline-
oriented Research and Related Activities Account include:
Biological Sciences; Computer and Information Science and
Engineering; Engineering; Geosciences; Mathematical and
Physical Sciences; Social, Behavioral and Economic Sciences;
U.S. Polar Research Programs; U.S. Antarctica Logistical
Support Activities; and Integrative Activities.
To improve planning and priority-setting for the Foundation
and improve the Committee's efforts to understand NSF's long-
term budgeting needs, the Committee directs NSF to continue to
provide multi-year budgets for all of its multi-disciplinary
activities. The Committee is concerned that NSF has taken on
more significant initiatives that often require multi-year
funding to meet research goals. NSF shall continue to provide
the Committee with documentation that identifies these types of
initiatives. Accordingly, the Committee directs NSF to continue
to include the funding requirements of all major multi-
disciplinary and mid-level activities in future budget
The Committee has provided the budget request of
$386,930,000 for polar research activities. Within this amount,
no more than the base funding in the budget submission, as well
as an additional $48,000,000 for ice breaking, as requested by
the administration, is provided for icebreaking activities. The
Committee has included bill language clarifying that the
Director of NSF shall procure polar ice breaking services from
the Coast Guard. However, if the Coast Guard is unable to
provide ice breaking services, NSF shall procure such services
from alternative sources. The Committee expects the Director of
NSF, the Commandant of the Coast Guard, the Director of the
Office of Management and Budget, and the Director of the Office
of Science and Technology Policy to work jointly to ensure that
the Coast Guard ice breaking leet is capable of meeting NSF's
future polar ice breaking needs.
The Committee recommends $100,000,000 for the Plant Genome
Research Program. The Committee remains a strong supporter of
this important program due to its potential impact on improving
economically significant crops. The Committee also recognizes
its vast potential in combating hunger in poor countries.
Accordingly, the Committee directs the NSF to accelerate
funding for this program as authorized under Section 8(3)(c) of
the National Science Foundation Authorization Act of 2002
(Public Law 107-368).
NSF has been the lead agency for the National
Nanotechnology Initiative, and will continue to contribute to
this emerging technology. The Committee recommends the full
funding level requested for nanotechnology. This level of
funding will allow the Foundation to continue to be the leader
for this initiative. NSF is encouraged to make sure that public
misconceptions of this field are minimized.
The Committee is concerned that NSF continues to underfund
operations for radio astronomy. The operations, maintenance,
and development of new instrumentation at the Very Large Array,
the Very Long Baseline Array, and the Green Bank Telescope
allows these world-class facilities to provide valuable
research into the origins of the universe. The Committee
recommends $51,400,000 for the operations of the National Radio
Astronomy Observatories.
The Office of International Science and Engineering [OISE]
has worked to ensure that U.S. researchers are involved with
leading research across the globe. As research becomes more
collaborative--with partnerships reaching across nations, the
work of this office--identifying research opportunities around
the globe--will grow. The Committee supports the fiscal year
2006 funding request for OISE in order to keep U.S. research at
the forefront of global science.
The Committee notes that NSF is investing in a multi-year
priority area of research in Human and Social Dynamics and
recommends $39,450,000 for this purpose.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The major research equipment and facilities construction
appropriation supports the acquisition, procurement,
construction, and commissioning of unique national research
platforms and facilities as well as major research equipment.
Projects supported by this appropriation will push the
boundaries of technology and offer significant expansion of
opportunities, often in new directions, for the science and
engineering community. Preliminary design and development
activities, on-going operations, and maintenance costs of the
facilities are provided through the research and related
activities appropriation account.
The Committee recommends $49,240,000 for the Atacama Large
Millimeter Array [ALMA], $50,620,000 for EarthScope,
$33,400,000 for the IceCube Neutrino Observatory, and
$57,920,000 for the Scientific Ocean Drilling Vessel.
The Committee has chosen not to fund the Rare Symmetry
Violating Processes [RSVP] project. Recent developments have
caused unacceptable increases in the program. NSF is directed
to apply the $14,880,000 in remaining fiscal year 2005 funds to
the projects funded in fiscal year 2006, which will bring total
funding for projects in this account to $208,230,000. This will
allow for full funding of the four projects receiving funds in
fiscal year 2006 from the Major Research Equipment and
Facilities Construction [MREFC] account.
If the Foundation chooses to alter or descope the RSVP
proposal which the National Science Board has already approved,
the new project shall begin the process for inclusion as an
MREFC project again at the directorate level within the
Research and Related Activities account.
EDUCATION AND HUMAN RESOURCES
The education and human resources appropriation supports a
comprehensive set of programs across all levels of education in
science, technology, engineering and mathematics [STEM]. The
appropriation supports activities that unite school districts
with institutions of higher learning to improve precollege
education. Other precollege activities include the development
of the next generation of precollege STEM education leaders;
instructional materials; and the STEM instructional workforce.
Undergraduate activities support curriculum, laboratory, and
instructional improvement; expand the STEM talent pool; attract
STEM participants to teaching; augment advanced technological
education at 2-year colleges; and develop dissemination tools.
Graduate support is directed to research and teaching
fellowships and traineeships and instructional workforce
improvement by linking precollege systems with higher
education. Programs also seek to broaden the participation of
groups underrepresented in the STEM enterprise, build State and
regional capacity to compete successfully for research funding,
and promote informal science education. Ongoing evaluation
efforts and research on learning strengthen the base for these
The Committee strongly encourages NSF to continue support
for undergraduate science and engineering education. At a time
when enrollment in STEM fields of study continues to decline,
it is important that NSF use its position to support students
working towards degrees in these areas.
NSF plays a significant role in attracting more of the best
and brightest students in the Nation into the science,
mathematics, engineering, and technology fields. The Committee
urges NSF to work towards increasing the number of women,
minorities, and other underrepresented groups to the greatest
extent possible.
To address the importance of broadening science and
technology participation to minorities, the Committee
recommendation includes the amounts in the budget request for
the Historically Black Colleges and Universities--Undergraduate
Program [HBCU-UP], the Louis Stokes Alliance for Minority
Participation program and the HBCU-Research University Science
& Technology [THRUST] initiative within the Centers of Research
Excellence in Science and Technology [CREST] program. The
Committee also supports the budget request for the Tribal
Colleges and Universities program. In past years, these
programs had been routinely cut, however, NSF has chosen to
keep funding these programs near prior year funding levels. The
Committee is supportive of this decision and anticipates that
further attempts to cut these programs will not occur.
The Committee has included $100,000,000 for the
Experimental Program to Stimulate Competitive Research
[EPSCoR], of which at least $65,000,000 shall be used for the
Research Infrastructure Improvement [RII] component supporting
research areas aligned with statewide EPSCoR science and
technology priorities.
Finally, the Committee rejects the administration's
continued request to have the Math and Science Partnership
[MSP] program only exist at the Department of Education.
Current activities initiated by MSP are only beginning to
provide measurable results and have yet to be ready for
implementation on a nationwide basis. The MSP program is an
important asset in providing improved math and science
education by partnering local school districts with faculty of
colleges and universities. For this purpose an increase of
$4,000,000 above the budget request is provided to the MSP
program to be used to fund activities that are not being
addressed by the companion program at the Department of
The salaries and expenses appropriation provides funds for
staff salaries, benefits, travel, training, rent, advisory and
assistance services, communications and utilities expenses,
supplies, equipment, and other operating expenses necessary for
management of the National Science Foundation's [NSF] research
and education activities.
The Committee remains concerned about the Foundation's
management and oversight of its large research facilities. The
Committee is especially troubled by the lack of staffing
resources provided to the Office of the Deputy Director of
Large Facility Projects and, accordingly, the Committee directs
the Foundation to provide the staffing support necessary for
the Deputy Director of no fewer than three FTE's to perform
this job effectively. The Committee directs the Foundation to
detail in its fiscal year 2006 operating plan the steps taken
to provide additional resources for this office.
OFFICE OF THE NATIONAL SCIENCE BOARD
The National Science Board is the governing body of the
National Science Foundation. The Board is composed of 24
members, appointed by the President and confirmed by the
Senate. The Board is also charged with serving as an
independent adviser to the President and Congress on policy
matters related to science and engineering research and
education. By law, the Board establishes the policies of the
National Science Foundation, provides oversight of its programs
and activities, and approves of its strategic directions and
budgets. The Board reviews and approves NSF awards at levels
above its delegation of authority to the NSF Director.
Given the increasing oversight responsibilities of the
Board, driven by the growth of the Foundation, the Committee
wants to ensure the Board continues to carryout effectively its
policy-making and oversight responsibilities. The Committee is
providing funding to support the operations, activities,
training, expenses, and staffing of the Board.
The Office of Inspector General appropriation provides
audit and investigation functions to identify and correct
deficiencies that could create potential instances of fraud,
waste, or mismanagement.
The funds provided will allow the OIG to further its
efforts in several priority areas that pose the greatest risk
to the agency: financial management, acquisition, information
technology, human capital, award administration, awardee
financial accountability and compliance, and the management of
agency programs and projects.
Office of Science and Technology Policy
The recommendation is $764,000 below the fiscal year 2005
The Office of Science and Technology Policy [OSTP] was
created by the National Science and Technology Policy,
Organization, and Priorities Act of 1976 (Public Law 94-282)
and coordinates science and technology policy for the White
House. OSTP provides authoritative scientific and technological
information, analysis, and advice for the President, for the
executive branch, and for Congress; participates in
formulation, coordination, and implementation of national and
international policies and programs that involve science and
technology; maintains and promotes the health and vitality of
the U.S. science and technology infrastructure; reviews and
analyzes, with the Office of Management and Budget, the
research and development budgets for all Federal agencies; and
coordinates research and development efforts of the Federal
Government to maximize the return on the public's investment in
science and technology and to ensure Federal resources are used
efficiently and appropriately.
The President's Science Advisor should continue to play an
integral role in advising the President on the appropriate
balance among and between disciplines and agencies in the
Federal R&D; portfolio. The Committee also expects the Science
Advisor will conduct effective outreach to the science and
engineering community and be an active and influential advisor
to the President on important public policy issues grounded in
science and technology.
The Committee notes that the Government share for R&D;
funding has declined substantially over the last 15 years.
However, industry's dependence on public R&D; for innovation
remains very high. Nearly three-quarters of U.S. industry
patents cite publicly-funded science as the basis for the
invention. The Committee is concerned that further reductions
in public funding for science and engineering could result in a
decrease in the private sector's capacity to innovate.
The Committee is also concerned about the adequacy of this
Nation's scientific and technical workforce, and the efforts
needed to boost the participation of women and minorities in
the science and engineering workforce. The Committee urges OSTP
to work with the relevant agencies on the development of
policies and in the allocation of resources to address these
issues effectively.
The Committee reiterates its long standing interest in
improving coordination and cooperation among the various R&D;
agencies under the auspices of OSTP and the National Science
and Technology Council [NSTC]. In a time where there are scarce
budgetary dollars available for federally-funded science, it is
crucial that coordination of activities across agencies is
maximized. It is the role of OSTP to identify such areas and to
facilitate and bring about the cooperation of agencies to
accomplish the science and technology developmental goals of
Recognizing the critical challenges and important
opportunities in agricultural research in this new century, the
Committee encourages OSTP to asses the merit-based, peer-
reviewed basic science to support food and agriculture research
across all Federal agencies. The Committee further encourages
OSTP to assess future opportunities and avenues for improving
merit-based, peer-reviewed basic science to support food and
agriculture research and to report their findings to the
GENERAL PROVISIONS--SCIENCE
Section 301 concerns National Institute of Standards and
Technology construction.
Section 302 promotes fish products and research.
Section 303 concerns a transfer of funds.
TITLE IV--RELATED AGENCIES
Commission on Civil Rights
The Committee recommends an appropriation of $9,000,000 for
the salaries and expenses of the Commission on Civil Rights.
funding level and $96,000 below the budget request.
The Committee expresses grave concern over the Commission's
insolvency and documented financial mismanagement. In order to
meet its fiscal responsibilities, the Commission must continue
to focus on enacting significant reform. In this regard, the
Committee notes the Commission's unanimous adoption in April
2005, of all policy recommendations contained in the Government
Accountability Office's reports of 2005, 2004, 2003, and 1995
as well as the Office of Personnel Management's report of 1997.
These recommendations are slated to be fully implemented by
mid-January, 2006. The Committee directs the Commission to
produce two written reports, due no later than September 30,
2005, and January 31, 2006, outlining in detail the
implementation of these recommendations. Additionally, the
Committee reminds the Commission to adhere to the policy
concerning the reprogramming of funds, outlined in section 505
The Committee remains concerned over the pending Equal
Opportunity Employment Commission [EEOC] repositioning plan and
its impact on the Commission's ability to perform its
investigations and enforcement duties. The Committee includes
bill language that prohibits implementation of any workforce
repositioning, restructuring, or reorganization until the
Committee has been notified of the proposal, in accordance with
The Committee further directs that the repositioning plan
not result in a reduction in salary for any EEOC employee or in
a reduction in the number of officers or employees serving as
mediators, investigators, or attorneys at any Commission office
except in the case of voluntary reassignment or voluntary
separation.
The Commission is directed to submit to the Committee,
prior to implementation of any repositioning, restructuring, or
reorganization plan, a comprehensive analysis of current
investigations and enforcement levels and the full impact of
the repositioning plan on all core services. The analysis
should be conducted for each district, field, area, and local
office. The Committee understands that the EEOC plans to
solicit public comment on the proposed plan and expects that
this process be thorough and continue until all interested
parties have an opportunity to have their comments heard. The
Committee also expects the Commission to take into
consideration those public comments prior to any vote of the
Commissioners on implementation of any repositioning,
restructuring, or reorganization plan.
salaries and expenses of the Federal Communications Commission
[FCC], of which $296,370,000 is to be derived from the
collection of fees. The recommendation is $16,285,000 above the
request. The recommendation does not transfer more of the cost
of supporting the FCC to the General Fund as proposed by the
The FCC is an independent regulatory agency exercising
authority delegated to it by Congress under the Communications
Act of 1934 as amended by the Telecommunications Act of 1996
(Public Law 104-104). The primary mission of the FCC is to
promote competition, innovation, and deregulation in the
communications industry. The FCC is charged with regulating
interstate and international communications by radio,
television, wire, satellite, and cable. The mandate of the FCC
under the Communications Act is to make available to all people
of the United States a rapid, efficient, nationwide, and
worldwide wire and radio communication service. The FCC
performs four major functions to fulfill this charge: spectrum
allocation, creating rules to promote fair competition and
protect consumers where required by market conditions,
authorization of service, and enforcement.
The recommendation includes funding increases that will
greatly enhance the FCC's ability to achieve its core
objectives. The recommendation includes increases over the
fiscal year 2005 appropriation for the following activities:
increases in wages and operating costs, $5,622,000; a licensing
integration initiative, $1,350,000; and field facilities
improvements, $9,300,000. The recommendation maintains the
limitation of $85,000,000 in auction proceeds that may be used
for competitive bidding programs.
The recommendation also includes language allowing the FCC
to use Universal Service Fund [USF] funds to provide for the
oversight of the USF program, as proposed in the FCC's fiscal
year 2005 budget request.
Broadcast Television Standards.--The Committee continues to
be concerned about the declining standards of broadcast
television and the impact this decline is having on America's
children. Overall sexual content, foul language, and violence
have tripled over the past decade. The Committee directs the
FCC to continue to report to Congress on the issues associated
with resurrecting a broadcast industry code of conduct for
content of programming that, if adhered to by the broadcast
industry, would protect against the further erosion of
broadcasting standards.
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.
Of the amounts provided, $116,000,000 is from Hart-Scott-
Rodino pre-merger filing fees and $23,000,000 is from Do-Not-
Call fees. The total amount of direct appropriations for this
account is therefore $72,000,000. This represents a decrease of
$9,426,000 below the fiscal year 2005 direct appropriation. The
Committee notes that this change reflects an increase in
offsetting fee collection receipts since last year.
Child Protection.--The FTC in September 2000, released a
report entitled: ``Marketing Violent Entertainment to Children:
A Review of Self-Regulation and Industry Practices in the
Motion Picture, Music Recording & Electronic Game Industries''.
The report was very critical of the entertainment industry and
its persistent and calculated marketing of violent games,
movies, and music to children. In response to this report, the
entertainment industry has promised to impose tougher
regulations on itself and to voluntarily comply with the
report's recommendations. The FTC should continue with and
expand upon its efforts in this area. The Committee directs the
Commission to continue to engage in consumer research and
workshops, underage shopper-retail compliance surveys, and
marketing data collection.
Internet.--The FTC is charged with monitoring compliance
with the Children's Online Privacy Protection Act (Public Law
105-277). The recommendation provides the Commission the
funding resources it needs to meet the challenges of increased
fraud on the Internet. The Committee commends the FTC for
recognizing the unique and difficult challenge posed by the
Internet, an international phenomenon that lacks borders, to
the safety of our children.
Childhood Obesity.--The Committee is concerned about the
growing rate of childhood and adolescent obesity and the food
industry's marketing practices for these populations. The
Committee directs the FTC to submit a report to the Committee
by July 1, 2006, on marketing activities and expenditures of
the food industry targeted toward children and adolescents. The
report should include an analysis of commercial advertising
time on television, radio, and in print media; in-store
marketing; direct payments for preferential shelf placement;
events; promotions on packaging; all Internet activities; and
product placements in television shows, movies, and video
games.
Do-Not-Call Initiative.--The recommendation includes
$23,000,000 for the FTC Do-Not-Call initiative and
implementation of the Telemarketing Sales Rule [TSR], of which
the entire amount is to be derived from the collection of fees.
The Do-Not-Call initiative was launched pursuant to the FTC's
amended TSR to establish a national database of telephone
numbers of consumers who choose not to receive telephone
solicitations from telemarketers. The Do-Not-Call initiative
has received broad support from, and will provide significant
benefits to, consumers from all corners of the United States.
The recommendation represents an increase of $1,099,000 above
the fiscal year 2005 funding level.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
Committee recommendation assumes the requested offsets of
$400,000.
The Committee recommendation includes $306,568,000 for
basic field programs, to be used for competitively-awarded
grants and contracts, $12,588,000 for management and
administration, $1,232,000 for client self-help and information
technology, $2,764,000 for the Office of the Inspector General,
and $1,775,000 for grants to offset losses due to census
adjustments.
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]
Grantees must agree not to engage in litigation and related
activities with respect to a variety of matters including: (1)
redistricting; (2) class action suits; (3) representation of
illegal aliens; (4) political activities; (5) collection of
attorney fees; (6) abortion; (7) prisoner litigation; (8)
welfare reform; (9) representation of charged drug dealers
during eviction proceedings; and (10) solicitation of clients.
The exception to the restrictions in a case where there is
imminent threat of physical harm to the client or prospective
client remains in place.
The manner in which the LSC grantees are audited through
contracts with certified public accountants for financial and
compliance audits are continued, along with the provisions on
recompetition and debarment.
Marine Mammal Commission
funding level and $75,000 above the budget request.
National Veterans' Business Development Corporation
The Committee recommends a total budget (obligational)
authority of $888,117,000 for the salaries and expenses of the
United States Securities and Exchange Commission [SEC], of
which the entire amount is to be derived from the collection of
fees. The recommendation is $13,450,000 below the fiscal year
2005 funding level and identical to the budget request.
The mission of the SEC is to administer and enforce Federal
securities laws in order to protect investors and to maintain
fair, honest, and efficient markets. This includes ensuring
full disclosure of financial information, regulating the
Nation's securities markets, and preventing and policing fraud
and malpractice in the securities and financial markets. The
strength of the American economy and our Nation's financial
markets is dependent upon investors' confidence in the
financial disclosures and statements released by publicly-
traded companies. The Committee directs the SEC to continue to
provide quarterly reports to the Committees on Appropriations
on the measures it is taking to restore the public's confidence
in the financial markets.
Staffing.--The Committee supports the continued hiring of
the approximately 840 new staff recommended by the Sarbanes-
Oxley Act of 2002 (Public Law 107-204) and approved by the
Committee in fiscal year 2003. The Committee notes the
continued competition for talent from the private sector faced
by the SEC. Pay parity is intended to bring the salaries of
Securities and Exchange Commission employees in line with those
of other Federal financial regulatory agencies. Pay parity is
intended to help the SEC recruit and retain highly qualified
staff. The Commission's ability to hire and retain the
necessary number of qualified staff persons is critical to its
success in restoring confidence in U.S. financial markets.
The Committee recommends an appropriation of $621,572,000,
for the Small Business Administration [SBA]. The recommendation
is $49,798,000 above the fiscal year 2005 funding level,
excluding emergency appropriations, and $28,578,000 above the
budget request. Funding is distributed among the SBA
appropriation accounts as described below.
funding level and $28,925,000 above the budget request. Within
the amount provided, full funding is recommended for the 8(a)
program, the 7(j) program, and the Office of Women's Business
Ownership.
Also, within the amounts made available under this heading,
the Committee recommends grants for the following organizations
and programs:
--Adelante Development Center, Inc., NM;
--Advanced and Applied Polymer Processing Institute;
--Alaska Small Business Development Center;
--Arrowhead Center at New Mexico State University;
--Big Sky Institute;
--City of Fayette, AL, for an industrial park;
--City of Richland Revitalization Project;
--Columbus College of Art and Design for the Creative
Services Development Technology Upgrade;
--Cook Farm Resource Center;
--Corona-Elmhurst Center for Economic Development, NY;
--Entrepreneurial Venture Assistance Demo Project;
--Fort McClellan Joint Powers Authority for the development
of Old Fort McClellan;
--Genesis of Innovation organization;
--Great Lakes Business Growth and Development Center at
Lorain County Community College;
--Greenville Waterfront Industrial Enhancement Project;
--Houston Community College Multi-Cultural Business Center;
--Idaho Virtual Incubator at Lewis-Clark State College;
--Industrial Outreach Service at Mississippi State
University;
--Institute for Technology and Business Development,
Connecticut State University;
--International Business Conference at Montana State
University-Billings;
--Investnet/Technology Venture Center partnership for Alaska
and Montana;
--Knoxville College Small Business Incubator Program;
--LeFleur Lakes Flood Control/Pearl River Watershed project;
--Memphis Bioworks Foundation;
--Mid-Delta Empowerment Zone ``Supersite'' Industrial Park;
--Mississippi Film Enterprise Zone;
--Mississippi Technology Alliance Economic Development Plan;
--Mitchell Memorial Library for the digitization of special
collections;
--Montana State Department of Commerce for an infrastructure
enhancement initiative;
--Montana Technology and Innovation Partnership;
--Myrtle Beach International Trade & Convention Center;
--Nanotechnology Economic Development Program at the
University of Arkansas at Little Rock;
--Nevada Center for Entrepreneurship and Technology;
--New Mexico Community Development Loan Fund/WESSTCorp.
Cooperative;
--New Product Development and Commercialization Center for
Rural Manufacturers;
--New Ventures Center;
--Oak Ridge National Laboratory for the Southeastern fiber
optic project;
--Pro-Tech Program at the College of Southern Idaho;
--Research & Technology Park, University of Arkansas,
Fayetteville, AR;
--Rocky Mountain Global Trade Partnership;
--Sephardic Angel Fund, NYC;
--Small Business Development Centers in Mississippi;
--South Carolina International Center for Automotive Research
Park Innovation Center;
--Technology Venture Center, MT;
--TEDCO-Maryland Minority R&D; Initiative;
--Thayer School of Engineering for a research and development
program;
--Third Frontier Network's Economic Development Project;
--Toxin Alert Development Project at the University of
Southern Mississippi;
--Translational Research Action Boards for a network
development program;
--Tuck School of Business/MBDA Partnership;
--University of Vermont Small Enterprise Research Initiative;
--Vermont Center for Emerging Technologies;
--Vermont Employee Ownership Center; and the
--Women's Entrepreneurship Initiative at the Mississippi
University for Women.
NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
for the SBA non-credit business assistance programs. The
recommendation is $26,500,000 above the budget request.
The Committee recommendations, by program are displayed in
Small Business Development Centers....................            89,000
Drug-free Workplace Grants............................             1,000
SCORE.................................................             5,000
Women's Business Centers..............................            12,000
Women's Council.......................................               750
7(j) Technical Assistance.............................             1,500
Microloan Technical Assistance........................            15,000
Veteran's Business Development Assistance.............               750
Native American Outreach..............................             2,000
PRIME Technical Assistance............................             5,000
HUBZones..............................................             2,000
Total, Non-credit Business Assistance Program...           134,000
The recommendation includes $1,500,000 for the Small
Disadvantaged Business Program, which is funded through
reimbursements from interagency collections.
The Committee continues to support the Small Business
Development Center Program.
The Committee remains concerned about the indicators used
by SBA to evaluate economic distress in making determinations
of eligibility for assistance under the HUBZone program. The
Committee understands that the current indicators SBA uses may
exclude certain economically distressed rural areas,
particularly those suffering from high out-migration of people
and job loss. The SBA is directed to provide a report, no later
than November 1, 2005, to the Committees on Appropriations on
the impact of the current indicators on the eligibility of such
communities. This report should contain a recommendation as to
whether these indicators should be changed and also whether the
HUBZone rural designation's median household income requirement
should be changed.
The recommendation includes language providing for the
continuation of the Women's Business Centers sustainability
centers and language providing that such centers shall receive
48 percent of the total funding provided for Women's Business
for the Office of Inspector General. The recommendation is
$1,660,000 above the fiscal year 2005 funding level and
identical to the budget request.
The recommendation contains language making $1,500,000
available to the Office of Inspector General from funding for
the Disaster Loans Program Account. This increase is necessary
due to the high volume of disaster loan applications in the
wake of last year's three major successive hurricanes.
SURETY BOND GUARANTEES REVOLVING FUND
BUSINESS LOANS PROGRAM ACCOUNT
Of the amount provided, $126,653,000 is for administrative
expenses, which may be transferred to and merged with SBA
salaries and expenses, to cover the common overhead expenses
associated with the business loans programs.
The recommendation includes $2,000,000 for the Microloan
Direct program.
DISASTER LOANS PROGRAM ACCOUNT
funding level, not including emergency supplemental
appropriations, and identical to the budget request.
Within the amount provided, $83,335,000 is for direct loan
subsidies. The SBA has requested a significant increase for
direct loan subsidies in fiscal year 2006. This increase is due
to the fact that SBA has adopted a new disaster loan model
which more accurately captures the actual program cost. As a
result, the baseline subsidy rate for the disaster program has
increased. As always, the SBA is urged to seek out emergency
funding in the event of a disaster requiring loan assistance.
Also within the amount provided, $56,000,000 is for
administrative expenses.
The recommendation continues language concerning transfer
authority and availability of funds.
State Justice Institute
The Institute was created in 1984 to further the
development and adoption of improved judicial administration in
State courts.
TITLE V--GENERAL PROVISIONS
The Committee recommends the following general provisions
for the departments and agencies funded in the accompanying
Section 501 requires agencies to provide quarterly reports
regarding unobligated balances.
Section 502 prohibits any appropriation contained in the
Act from remaining available for obligation beyond the current
year unless expressly provided.
Section 503 provides that the expenditure of any
appropriation contained in the Act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection except where otherwise
provided under existing law or under existing executive order
issued pursuant to existing law.
Section 504 provides for severability should a provision of
this Act be found to be unconstitutional.
Section 505(a) stipulates Committee policy concerning the
reprogramming of funds. Section 505(a) prohibits the
reprogramming of funds which: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates offices or
employees; (5) reorganizes offices, programs, or activities; or
(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 505(b) prohibits a reprogramming of funds in excess
of $1,000,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or (3) results from any general savings
due to a reduction in personnel which would result in a change
in existing programs, activities, or projects as approved by
Congress unless the Appropriations Committees of the House and
Senate are notified 15 days in advance.
The recommendation increases the reprogramming threshold to
$1,000,000 in recognition of inflation.
Section 506 prohibits construction, repair, overhaul,
conversion, or modernization of National Oceanic and
Atmospheric Administration ships outside of the United States.
Section 507 provides for a penalty for persons found to
have falsely mislabeled products.
Section 508 prohibits the use of funds to implement a
certain Memorandum of Agreement between the Federal Trade
Commission and the Antitrust Division of the Department of
Justice.
Section 509 waives a funding limitation.
Section 510 requires agencies and departments funded in
this Act to absorb any necessary costs related to downsizing or
consolidation within the amounts provided to the agency or
Section 511 provides funding for Public Safety Officers
under the Local Law Enforcement Block Grant program.
Section 512 limits the availability of funds for tobacco
Section 513 delays obligation of some receipts deposited
into the Crime Victims Fund.
Section 514 provides for the expenditure of funds in
accordance with this statement.
Section 515 prohibits a user fee from being charged for
background checks conducted pursuant to the Brady Handgun
Control Act of 1993 (Public Law 103-159) and prohibits
implementation of a background check system that does not
require and result in the immediate destruction of certain
Section 516 prohibits the Small Business Administration
from selling certain disaster loans.
Section 517 limits transfers of funds between agencies.
Section 518 directs the Secretary of Commerce to have lead
responsibility for negotiating treaties concerning fisheries,
marine mammals, or sea turtles.
Section 519 requires that any funds proposed to be used by
agencies funded under this Act to implement certain initiatives
shall be subject to section 505 of this Act.
Section 520 prohibits the Federal Communications Commission
from changing rules governing the Universal Service Fund.
Section 521 requires the Bureau of Alcohol, Tobacco,
Firearms and Explosives to include specific language in any
release of tracing study data that makes clear that trace data
cannot be used to draw broad conclusions about firearms-related
crime.
TITLE VI--RESCISSIONS
COUNTERTERRORISM FUND
(RESCISSION)
The recommendation includes a rescission of $11,000,000
from unobligated balances in this account. Any funding that
would be necessary for this purpose should be provided through
emergency supplemental appropriations.
from unobligated balances in this account.
The recommendation includes a rescission of $120,000,000
from unobligated balances in this account. Of this amount,
$30,000,000 shall be from funding allocated by the Federal
Bureau of Investigation [FBI] for tours of the J. Edgar Hoover
FBI building. Since September 11, 2001, the FBI has closed all
tours of its headquarters building. Yet the FBI has continued
to include funding for these tours as part of its base budget.
In the 2004 appropriations Act, the Committee directed the FBI
to submit a report on reinventing these tours. This report has
yet to be submitted and the Committee is unaware of any plans
the FBI may have to submit such report or resume these tours.
In addition, $73,502,000 of the $90,000,000 set aside shall be
from funding for the FBI's computer modernization program,
Sentinel, which is discussed in detail under a separate
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
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 Committee recommends funding for the following programs
or activities that currently lack an authorization for fiscal
year 2006, either in whole or in part, and therefore fall under
this rule:
Department of Justice:
General Administration:
--Justice Information Sharing Technology;
--Narrowband Communications/Integrated Wireless Network;
--Administrative Review and Appeals;
--Detention Trustee;
--Office of Inspector General;
--U.S. Parole Commission;
--General Legal Activities;
--Vaccine Injury Compensation Trust Fund;
--Antitrust Division;
--U.S. Attorneys;
--Foreign Claims Settlement Commission;
--U.S. Marshals Service;
--Fees and Expenses of Witnesses;
--Community Relations Service;
--Assets Forfeiture Fund;
--Interagency Crime and Drug Enforcement;
--Federal Bureau of Investigation--Salaries and Expenses;
--Federal Bureau of Investigation--Construction;
--Drug Enforcement Administration;
--Bureau of Alcohol, Tobacco, Firearms and Explosives; and
--Federal Prison System.
Violence Against Women Prevention and Prosecution Programs:
--STOP Formula Program;
--Encouraging Arrest Policies;
--Rural Domestic Violence;
--Training Programs for Probation and Pretrial Services;
--Stalking Database;
--Safe Havens;
--Education and Training for Disabled Female Victims;
--Civil Legal Assistance;
--Violence on College Campuses;
--Training Programs for Disabled Women;
--Court Appointed Special Advocates;
--Training for Judicial Personnel; and
--Grants for Televised Testimony.
Office of Justice Programs:
Justice Assistance:
--Management and Administration;
--National Institute of Justice;
--Bureau of Justice Statistics;
--Regional Information Sharing System; and
--White Collar Crime Center.
State and Local Law Enforcement:
--Byrne Memorial Justice Assistance Grants;
--Byrne Discretionary Grants;
--Boys and Girls Clubs;
--State Criminal Alien Assistance Program;
--Southwest Border Prosecutors;
--Victims of Trafficking;
--Drug Courts;
--State Prison Drug Treatment Program;
--Intelligence State and Local Training;
--Prescription Drug Monitoring; and
--Weed and Seed.
Community Oriented Policing:
--Tribal Law Enforcement;
--Methamphetamine Hot Spots;
--Law Enforcement Interoperability and Technologies;
--Bullet Proof Vests Programs;
--Anti-gang Initiative; and
--Offender Reentry.
Juvenile Justice:
--Juvenile Mentoring;
--Tribal Youth;
--Alcohol Prevention;
--Gang Prevention;
--Juvenile Accountability Block Grant;
--Victims of Child Abuse Act;
--Secure our Schools Act; and
--Project Childsafe.
Department of Commerce, Related Agencies:
--Office of the United States Trade Representative; and
--International Trade Commission.
Department of Commerce:
--International Trade Administration;
--Bureau of Industry and Security;
--National Telecommunications and Information Administration;
--Public Telecommunications Facilities, Planning and
Construction;
--National Institute of Standards and Technology; and
--National Oceanic and Atmospheric Administration.
--National Aeronautics and Space Administration; and
--National Science Foundation.
Related Agencies:
--United States Commission on Civil Rights;
--Federal Communications Commission;
--Federal Trade Commission;
--Legal Services Corporation;
--Marine Mammal Commission; and
--Securities and Exchange Commission.
COMPLIANCE WITH PARAGRAPH 7(C), RULE XXVI OF THE STANDING RULES OF THE
Pursuant to paragraph 7(c) of rule XXVI, on June 23, 2005,
the Committee ordered reported, en bloc, H.R. 2744, making
appropriations for Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies for the fiscal year
ending September 30, 2006, and for other purposes, with an
amendment in the nature of a substitute, H.R. 2862, making
appropriations for the Departments of Commerce and Justice,
Science, and related agencies for the fiscal year ending
September 30, 2006, and for other purposes, with an amendment
in the nature of a substitute and an amendment to the title;
and the substance of H.R. 2985, making appropriations for the
Legislative Branch for the fiscal year ending September 30,
2006, and for other purposes, with amendments, each subject to
further amendment and subject to the budget allocations, by a
recorded vote of 28-0, a quorum being present. The vote was as
Yeas                          Nays
Chairman Cochran
Mr. Stevens
Mr. Specter
Mr. Domenici
Mr. Bond
Mr. McConnell
Mr. Shelby
Mr. Gregg
Mr. Bennett
Mrs. Hutchison
Mr. DeWine
Mr. Brownback
Mr. Allard
Mr. Byrd
Mr. Inouye
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Reid
Mr. Kohl
Mrs. Murray
Mr. Dorgan
Mrs. Feinstein
Mr. Durbin
Ms. Landrieu
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
Paragraph 12 of the rule XXVI requires that Committee
reports on a bill or joint resolution repealing or amending any
statute or part of any statute include ``(a) the text of the
statute or part thereof which is proposed to be repealed; and
(b) a comparative print of that part of the bill or joint
resolution making the amendment and of the statute or part
thereof proposed to be amended, showing by stricken-through
type and italics, parallel columns, or other appropriate
typographical devices the omissions and insertions which would
be made by the bill or joint resolution if enacted in the form
recommended by the Committee.''
In compliance with this rule, the following changes in
existing law proposed to be made by this bill are shown as
follows: existing law to be omitted is enclosed in black
brackets; new matter is printed in italic; and existing law in
which no change is proposed is shown in roman.
With respect to this bill, it is the opinion of the
Committee that it is necessary to dispense with these
requirements in order to expedite the business of the
Senate. deg.
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
*       *       *       *       *       *       *
PART III--EMPLOYEES
Subpart B--Employment and Retention
CHAPTER 31--AUTHORITY FOR EMPLOYMENT
SUBCHAPTER III--THE FEDERAL BUREAU OF INVESTIGATION AND DRUG
ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE
Sec. 3151. The Federal Bureau of Investigation and Drug Enforcement
Administration Senior Executive Service
(b)[(1)] Except as provided in subsection (a), the Attorney
General may--
[(A)] (1) make applicable to the FBI-DEA Senior
Executive Service any of the provisions of this title
applicable to applicants for or members of the Senior
Executive Service; and
[(B)] (2) appoint, promote, and assign individuals
to positions established within the FBI-DEA Senior
Executive Service without regard to the provisions of
this title governing appointments and other personnel
actions in the competitive service.
[(2)(A) Notwithstanding any other provision of this
section, an individual may not be selected for the FBI-DEA
Senior Executive Service unless such individual is a career
employee in the civil service.
[(B) For the purpose of subparagraph (A), ``career employee
in the civil service'' shall have such meaning as the Attorney
General, in consultation with the Director of the Office of
Personnel Management, by regulation prescribes.]
TITLE 15--COMMERCE AND TRADE
CHAPTER 45--EMERGENCY LOAN GUARANTEES TO BUSINESS ENTERPRISES
``CHAPTER 1
``Sec. 101. Emergency Steel Loan Guarantee Program. (a)
Short Title.--This chapter may be cited as the `Emergency Steel
Loan Guarantee Act of 1999'.
``(k) Termination of Guarantee Authority.--The authority of
the Board to make commitments to guarantee any loan under this
section shall terminate on December 31, [2005] 2007.
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2005 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
Senate Committee recommendation compared  with (+
or ^)
Item                      2005       Budget estimate  House allowance     Committee    --------------------------------------------------
appropriation                                      recommendation        2005
appropriation   Budget estimate  House allowance
Salaries and expenses............         122,443          161,407           87,406          125,936           +3,493          -35,471          +38,530
Office of Intelligence and     ...............  ...............          37,050   ...............  ...............  ...............         -37,050
Policy Review...............
----------------------------------------------------------------------------------------------------------------------
Subtotal...................         122,443          161,407          124,456          125,936           +3,493          -35,471           +1,480
Joint automated booking system...          19,915   ...............  ...............  ...............         -19,915   ...............  ...............
Automated Biometric                         4,987   ...............  ...............  ...............          -4,987   ...............  ...............
Identification System-Integrated
integration.....................
Justice information sharing        ...............         181,490          135,000          135,000         +135,000          -46,490   ...............
technology......................
Legal activities office                    39,969   ...............  ...............  ...............         -39,969   ...............  ...............
automation......................
Narrowband communications........          98,664          128,701           70,874           90,000           -8,664          -38,701          +19,126
Administrative review and appeals         201,241          216,286          215,685          216,286          +15,045   ...............            +601
Detention trustee................         874,160        1,222,000        1,222,000        1,222,000         +347,840   ...............  ...............
Emergency appropriations              184,000   ...............  ...............  ...............        -184,000   ...............  ...............
(Public Law 109-13).........
Office of Inspector General......          62,960           67,431           66,801           70,431           +7,471           +3,000           +3,630
Total, General                    1,608,339        1,977,315        1,834,816        1,859,653         +251,314         -117,662          +24,837
administration............
Salaries and expenses............          10,496           11,300           11,200           11,000             +504             -300             -200
General legal activities: Direct          625,722          679,661          665,821          648,245          +22,523          -31,416          -17,576
Vaccine injury compensation trust           6,249            6,333            6,333            6,333              +84   ...............  ...............
fund (permanent)................
Antitrust Division...............         138,259          144,451          144,451          144,451           +6,192   ...............  ...............
Offsetting fee collections--         -101,000         -116,000         -116,000         -116,000          -15,000   ...............  ...............
current year................
Direct appropriation.......          37,259           28,451           28,451           28,451           -8,808   ...............  ...............
Salaries and expenses............       1,526,849        1,626,146        1,626,146        1,572,654          +45,805          -53,492          -53,492
United States Trustee System Fund         173,602          222,577          214,402          214,402          +40,800           -8,175   ...............
Offsetting fee collections...        -168,602         -180,402         -209,402         -209,402          -40,800          -29,000   ...............
Interest on U.S. securities..          -5,000           -5,000           -5,000           -5,000   ...............  ...............  ...............
Direct appropriation.......  ...............          37,175   ...............  ...............  ...............         -37,175   ...............
Foreign Claims Settlement                   1,203            1,270            1,220            1,270              +67   ...............             +50
Commission......................
Salaries and expenses (non-CSE)..         741,941          790,255          800,255          764,199          +22,258          -26,056          -36,056
Emergency appropriations               11,935   ...............  ...............  ...............         -11,935   ...............  ...............
Construction.....................           5,657   ...............  ...............          12,000           +6,343          +12,000          +12,000
Total, United States                759,533          790,255          800,255          776,199          +16,666          -14,056          -24,056
Marshals Service..........
Fees and expenses of witnesses...         177,585          168,000          168,000          168,000           -9,585   ...............  ...............
Community Relations Service......           9,535            9,759            9,659            9,659             +124             -100   ...............
Assets forfeiture fund...........          21,469           21,468           21,468           21,468               -1   ...............  ...............
Emergency appropriations              -40,000   ...............  ...............  ...............         +40,000   ...............  ...............
Payment to radiation exposure              27,429   ...............  ...............  ...............         -27,429   ...............  ...............
compensation trust fund.........
Total, Legal activities....       3,152,833        3,368,518        3,327,353        3,232,279          +79,446         -136,239          -95,074
Interagency Law Enforcement
Interagency crime and drug                553,539          661,940          506,940          440,197         -113,342         -221,743          -66,743
enforcement.....................
Salaries and expenses............       4,132,090        4,091,132        3,452,235        3,695,513         -436,577         -395,619         +243,278
Counterintelligence and national        1,003,416        1,600,000        2,288,897        1,600,000         +596,584   ...............        -688,897
security........................
Direct appropriation.......       5,209,497        5,691,132        5,741,132        5,295,513          +86,016         -395,619         -445,619
Construction.....................          10,106           10,105           20,105           25,213          +15,107          +15,108           +5,108
Total, Federal Bureau of          5,219,603        5,701,237        5,761,237        5,320,726         +101,123         -380,511         -440,511
Investigation.............
Emergency appropriations                7,648   ...............  ...............  ...............          -7,648   ...............  ...............
Diversion control fund.......        -154,216         -198,566         -201,673         -201,673          -47,457           -3,107   ...............
Total, Drug Enforcement           1,638,830        1,694,156        1,716,173        1,649,142          +10,312          -45,014          -67,031
Bureau of Alcohol, Tobacco and
Salaries and expenses............         878,465          803,613          923,613          923,700          +45,235         +120,087              +87
Legislative proposal.........  ...............         120,000   ...............  ...............  ...............        -120,000   ...............
Total, Bureau of Alcohol,           882,465          923,613          923,613          923,700          +41,235              +87              +87
Tobacco and Firearms......
Salaries and expenses............       4,565,884        4,895,649        4,895,649        4,889,649         +323,765           -6,000           -6,000
(Public Law 108-324)........
Buildings and facilities.........         186,475          170,112           70,112          222,112          +35,637          +52,000         +152,000
Rescission...................  ...............        -314,000   ...............  ...............  ...............        +314,000   ...............
Federal Prison Industries,                  3,366            3,365            3,365            3,365               -1   ...............  ...............
Incorporated (limitation on
administrative  expenses).......
Total, Federal Prison             4,779,825        4,755,126        4,969,126        5,115,126         +335,301         +360,000         +146,000
System....................
Violence against women office....         382,103          362,997          389,497          362,997          -19,106   ...............         -26,500
Justice assistance...............         224,856        1,234,977          227,466          221,000           -3,856       -1,013,977           -6,466
Rescission...................  ...............         -95,500   ...............  ...............  ...............         +95,500   ...............
Public safety officers         ...............          64,000   ...............  ...............  ...............         -64,000   ...............
benefits, death benefits....
Total, Justice assistance..         224,856        1,203,477          227,466          221,000           -3,856         -982,477           -6,466
assistance:
Justice assistance grants....         625,531   ...............         366,414          625,000             -531         +625,000         +258,586
Boys and Girls clubs              (83,865)  ...............         (85,000)        (-85,000)       (-168,865)        (-85,000)       (-170,000)
(earmark)...............
National Institute of              (9,866)  ...............         (10,000)        (-10,000)        (-19,866)        (-10,000)        (-20,000)
Justice (earmark).......
USA FREEDOM corps                  (2,467)  ...............  ...............  ...............         (-2,467)  ...............  ...............
Indian assistance............          17,760   ...............  ...............          15,000           -2,760          +15,000          +15,000
Tribal prison                      (4,933)  ...............  ...............  ...............         (-4,933)  ...............  ...............
construction............
Indian tribal courts               (7,893)  ...............  ...............  ...............         (-7,893)  ...............  ...............
program.................
Indian grants............          (4,933)  ...............  ...............  ...............         (-4,933)  ...............  ...............
State criminal alien                  300,926   ...............         405,000          170,000         -130,926         +170,000         -235,000
assistance program..........
Southwest border prosecutors.          29,599   ...............          30,000           30,000             +401          +30,000   ...............
Byrne grants (discretionary).         167,756   ...............         110,000          177,000           +9,244         +177,000          +67,000
Drug courts..................          39,466   ...............          40,000           25,000          -14,466          +25,000          -15,000
Other crime control programs.           5,903   ...............             871            1,850           -4,053           +1,850             +979
Assistance for victims of               9,866   ...............          10,000            2,000           -7,866           +2,000           -8,000
trafficking.................
Prescription drug monitoring.           9,866   ...............          10,000   ...............          -9,866   ...............         -10,000
Prison rape prevention.......          36,506   ...............          40,000            1,500          -35,006           +1,500          -38,500
State prison drug treatment..          24,666   ...............          25,000           15,000           -9,666          +15,000          -10,000
Intelligence sharing.........          10,359   ...............          10,359            6,000           -4,359           +6,000           -4,359
Cannabis eradication.........  ...............  ...............          11,600   ...............  ...............  ...............         -11,600
Capital litigation...........  ...............  ...............          10,000            1,000           +1,000           +1,000           -9,000
Crime victims rights.........  ...............  ...............  ...............           4,000           +4,000           +4,000           +4,000
Terrorism/intelligence         ...............  ...............  ...............           5,000           +5,000           +5,000           +5,000
training....................
Associated outlays...........  ...............  ...............  ...............  ...............  ...............  ...............  ...............
Total, State and local law        1,278,204   ...............       1,069,244        1,078,350         -199,854       +1,078,350           +9,106
enforcement...............
Weed and seed program fund.......          61,172   ...............          50,000           50,280          -10,892          +50,280             +280
Community oriented policing
Hiring.......................           9,866   ...............  ...............           2,000           -7,866           +2,000           +2,000
Training and technical                 14,800            7,000   ...............          14,000             -800           +7,000          +14,000
assistance..................
Bullet proof vests...........          24,666   ...............          30,000           27,000           +2,334          +27,000           -3,000
Tribal law enforcement.......          19,733           51,600           38,000           20,000             +267          -31,600          -18,000
Meth hot spots...............          51,854           20,000           94,000           60,100           +8,246          +40,100          -33,900
Police corps.................          14,800   ...............  ...............          10,000           -4,800          +10,000          +10,000
COPS technology..............         136,763   ...............         120,000          137,000             +237         +137,000          +17,000
Interoperable communications.          98,664   ...............  ...............          37,500          -61,164          +37,500          +37,500
Criminal records upgrade.....          24,666   ...............          27,500           20,000           -4,666          +20,000           -7,500
DNA backlog/crime lab........         108,531   ...............         177,057           89,500          -19,031          +89,500          -87,557
Paul Coverdell forensics               14,800   ...............  ...............          22,000           +7,200          +22,000          +22,000
science.....................
Crime identification                   28,070   ...............  ...............          30,000           +1,930          +30,000          +30,000
technology..................
Offender reentry.............           9,866   ...............          10,000            3,000           -6,866           +3,000           -7,000
Safe schools initiative......           4,268   ...............  ...............           5,000             +732           +5,000           +5,000
Police integrity grants......           7,400           10,000   ...............           7,500             +100           -2,500           +7,500
Reduce gang violence.........  ...............  ...............          60,000   ...............  ...............  ...............         -60,000
Management and administration          29,599           29,181   ...............          30,487             +888           +1,306          +30,487
Undesigned...................  ...............  ...............          10,000   ...............  ...............  ...............         -10,000
Total, Community oriented           598,346            2,781          566,557          515,087          -83,259         +512,306          -51,470
policing services.........
Juvenile justice programs........         379,045   ...............         333,712          350,000          -29,045         +350,000          +16,288
Public safety officers benefits:
Death benefits...............          63,054   ...............          64,000           64,000             +946          +64,000   ...............
Disability and education                6,324   ...............           8,948            8,948           +2,624           +8,948   ...............
benefits....................
Total, Public safety                 69,378   ...............          72,948           72,948           +3,570          +72,948   ...............
officers benefits program.
Total, Office of Justice          2,611,001        1,206,258        2,319,927        2,287,665         -323,336       +1,081,407          -32,262
Programs..................
United States Attorneys (Sec.              14,800   ...............  ...............  ...............         -14,800   ...............  ...............
107)............................
Assets forfeiture fund (sec. 109)  ...............         -62,000   ...............  ...............  ...............         +62,000   ...............
(rescission)....................
Total, title I, Department       20,853,834       20,600,460       21,759,882       21,202,485         +348,651         +602,025         -557,397
of Justice................
Appropriations.........     (20,588,160)     (21,186,960)     (21,759,882)     (21,202,485)       (+614,325)        (+15,525)       (-557,397)
Rescissions............  ...............       (-586,500)  ...............  ...............  ...............       (+586,500)  ...............
Emergency                      (265,674)  ...............  ...............  ...............       (-265,674)  ...............  ...............
appropriations........
TITLE II--DEPARTMENT OF COMMERCE
AND RELATED AGENCIES
TRADE AND INFRASTRUCTURE
Office of the United States Trade
Salaries and expenses............          40,997           38,779           44,779           40,997   ...............          +2,218           -3,782
National Intellectual Property
Law Enforcement Coordinating
Salaries and expenses............           1,973   ...............  ...............  ...............          -1,973   ...............  ...............
Salaries and expenses............          60,876           65,278           62,752           62,752           +1,876           -2,526   ...............
Total, Related agencies....         103,846          104,057          107,531          103,749              -97             -308           -3,782
Operations and administration....         396,257          408,925          406,925          409,625          +13,368             +700           +2,700
Offsetting fee collections...          -8,000          -13,000          -13,000           -8,000   ...............          +5,000           +5,000
Direct appropriation.......         388,257          395,925          393,925          401,625          +13,368           +5,700           +7,700
Operations and administration....          60,376           77,000           62,233           77,000          +16,624   ...............         +14,767
CWC enforcement..............           7,104   ...............          14,767   ...............          -7,104   ...............         -14,767
Total, Bureau of Industry            67,480           77,000           77,000           77,000           +9,520   ...............  ...............
and Security..............
Economic development assistance           253,985   ...............         200,985          283,985          +30,000         +283,985          +83,000
programs........................
Salaries and expenses............          30,075           26,584           26,584           30,939             +864           +4,355           +4,355
Total, Economic Development         284,060           26,584          227,569          314,924          +30,864         +288,340          +87,355
Economic Development Challenge
Strengthening America's            ...............       3,710,000   ...............  ...............  ...............      -3,710,000   ...............
Communities grant program
(legislative proposal)..........
Minority business development....          29,500           30,727           30,024           30,727           +1,227   ...............            +703
Total, Trade and                    873,143        4,344,293          836,049          928,025          +54,882       -3,416,268          +91,976
ECONOMIC AND INFORMATION
Salaries and expenses............          78,931           85,277           80,304           81,283           +2,352           -3,994             +979
Salaries and expenses............         196,110          220,029          198,029          183,029          -13,081          -37,000          -15,000
Periodic censuses and programs...         548,688          657,356          614,208          544,356           -4,332         -113,000          -69,852
Total, Bureau of the Census         744,798          877,385          812,237          727,385          -17,413         -150,000          -84,852
National Telecommunications and
Information Administration
Salaries and expenses............          17,200           21,450           17,716           20,255           +3,055           -1,195           +2,539
Public telecommunications                  21,478            2,000            2,000           22,000             +522          +20,000          +20,000
facilities, planning and
construction....................
Information Infrastructure grants  ...............  ...............  ...............          15,000          +15,000          +15,000          +15,000
Total, National                      38,678           23,450           19,716           57,255          +18,577          +33,805          +37,539
Telecommunications and
United States Patent and
Current year fee funding.........       1,336,000        1,703,300        1,703,300        1,703,300         +367,300   ...............  ...............
Spending from new fees (proposed          208,754   ...............  ...............  ...............        -208,754   ...............  ...............
legislation)....................
Total, Patent and Trademark       1,544,754        1,703,300        1,703,300        1,703,300         +158,546   ...............  ...............
Office....................
Offsetting fee collections.      -1,336,000       -1,703,300       -1,703,300       -1,703,300         -367,300   ...............  ...............
Total, Economic and               1,071,161          986,112          912,257          865,923         -205,238         -120,189          -46,334
Information Infrastructure
Travel and tourism...............           9,866   ...............  ...............  ...............          -9,866   ...............  ...............
Office of Inspector General......          21,371           22,758           22,758           22,758           +1,387   ...............  ...............
HCHB renovation and modernization  ...............          30,000   ...............  ...............  ...............         -30,000   ...............
Steel Loan authorization (Sec.     ...............  ...............  ...............  ...............  ...............  ...............  ...............
Total, Departmental                  78,703          106,290           70,224           72,363           -6,340          -33,927           +2,139
management................
Total, Department of              1,919,161        5,332,638        1,710,999        1,762,562         -156,599       -3,570,076          +51,563
Commerce, Non-Science.....
Total, title II, Department       2,023,007        5,436,695        1,818,530        1,866,311         -156,696       -3,570,384          +47,781
of Commerce, Non-Science,
and related agencies......
Appropriations.........      (2,023,007)      (5,436,695)      (1,818,530)      (1,866,311)       (-156,696)     (-3,570,384)        (+47,781)
(By transfer)..........  ...............  ...............  ...............  ...............  ...............  ...............  ...............
(Transfer out).........  ...............  ...............  ...............  ...............  ...............  ...............  ...............
Total, Department of              6,653,859        9,554,079        5,752,734        7,186,811         +532,952       -2,367,268       +1,434,077
Commerce & Related
Agencies..................
Office of Technology Policy
Salaries and expenses............           6,460            4,200            6,460   ...............          -6,460           -4,200           -6,460
National Institute of Standards
and Technology
Scientific and technical research         378,764          426,267          397,744          399,869          +21,105          -26,398           +2,125
and services....................
(Transfer out)...............  ...............         (-9,000)         (-1,000)          (3,000)         (+3,000)        (+12,000)         (+4,000)
Industrial technology services...         247,943           46,800          106,000          246,000           -1,943         +199,200         +140,000
Construction of research                   72,518           58,898           45,000          198,631         +126,113         +139,733         +153,631
facilities......................
Working capital fund (by           ...............          (9,000)          (1,000)          (3,000)         (+3,000)         (-6,000)         (+2,000)
transfer).......................
Total, National Institute           699,225          531,965          548,744          844,500         +145,275         +312,535         +295,756
of Standards and
Technology................
National Oceanic and Atmospheric
Operations, research, and               2,766,612        2,528,168        2,394,000        3,199,983         +433,371         +671,815         +805,983
(By transfer from Promote and         (65,000)         (77,000)         (77,000)         (62,000)         (-3,000)        (-15,000)        (-15,000)
Develop Fund)...............
By transfer from Coastal zone           2,960            3,000            3,000            3,000              +40   ...............  ...............
management..................
Total, Operations,                2,793,542        2,531,168        2,397,000        3,202,983         +409,441         +671,815         +805,983
research, and facilities..
Procurement, acquisition and            1,039,365          965,051          936,000        1,195,017         +155,652         +229,966         +259,017
Pacific coastal salmon recovery..          88,798           90,000           50,000           90,000           +1,202   ...............         +40,000
Coastal zone management fund.....          -3,000           -3,000           -3,000           -3,000   ...............  ...............  ...............
Fishermen's contingency fund.....             492   ...............  ...............  ...............            -492   ...............  ...............
Fisheries finance program account          -8,000           -2,000           -1,000           -9,000           -1,000           -7,000           -8,000
Total, National Oceanic and       3,925,167        3,581,219        3,379,000        4,476,000         +550,833         +894,781       +1,097,000
Atmospheric Administration
Total, Science and                4,630,852        4,117,384        3,934,204        5,320,500         +689,648       +1,203,116       +1,386,296
Technology, Department of
Commerce..................
National Aeronautics and Space
Science, aeronautics and                7,680,610        9,661,000        9,725,750        9,761,000       +2,080,390         +100,000          +35,250
exploration.....................
Exploration capabilities.........       8,358,443        6,763,000        6,712,900        6,603,000       -1,755,443         -160,000         -109,900
Total, NASA................      16,196,400       16,456,400       16,471,050       16,396,400         +200,000          -60,000          -74,650
Research and related activities         4,153,100        4,265,980        4,310,000        4,277,693         +124,593          +11,713          -32,307
(non-defense)...................
Defense function.............          67,456           67,520           67,520           67,520              +64   ...............  ...............
Major research equipment and              173,650          250,000          193,350          193,350          +19,700          -56,650   ...............
facilities construction.........
Education and human resources....         841,421          737,000          807,000          747,000          -94,421          +10,000          -60,000
Salaries and expenses............         223,200          269,000          250,000          229,896           +6,696          -39,104          -20,104
National Science Board...........           3,968            4,000            4,000            4,000              +32   ...............  ...............
Total, National Science           5,472,824        5,605,000        5,643,370        5,530,959          +58,135          -74,041         -112,411
Foundation................
Office of Science and Technology            6,328            5,564            5,564            5,564             -764   ...............  ...............
Policy..........................
Florida grouper (sec. 218).......             345   ...............  ...............  ...............            -345   ...............  ...............
Total, title III, Science..      26,306,749       26,184,348       26,054,188       27,253,423         +946,674       +1,069,075       +1,199,235
Appropriations.........     (26,160,049)     (26,184,348)     (26,054,188)     (27,253,423)     (+1,093,374)     (+1,069,075)     (+1,199,235)
Antitrust Modernization
Salaries and expenses............           8,975            9,096            9,096            9,000              +25              -96              -96
Salaries and expenses............         326,803          331,228          331,228          331,228           +4,425   ...............  ...............
Salaries and expenses............         281,085          304,057          289,771          297,370          +16,285           -6,687           +7,599
Offsetting fee collections--         -280,098         -299,234         -288,771         -296,370          -16,272           +2,864           -7,599
Direct appropriation.......             987            4,823            1,000            1,000              +13           -3,823   ...............
Offsetting fee collections,           -21,901          -23,000          -23,000          -23,000           -1,099   ...............  ...............
telephone database..........
Payment to the Legal Services             330,803          318,250          330,803          324,527           -6,276           +6,277           -6,276
Corporation.....................
Salaries and expenses............           1,865            1,925            1,865            2,000             +135              +75             +135
National Veterans Business
Development Corporation
National Veterans Business                  1,973   ...............  ...............           2,000              +27           +2,000           +2,000
Development Corporation.........
Securities and Exchange
Salaries and expenses............         901,567          888,117          888,117          888,117          -13,450   ...............  ...............
Prior year unobligated balances..         -57,000          -25,000          -25,000          -25,000          +32,000   ...............  ...............
Direct appropriation.......         844,567          863,117          863,117          863,117          +18,550   ...............  ...............
Salaries and expenses............         318,029          307,159          304,588          336,084          +18,055          +28,925          +31,496
Office of Inspector General......          12,840           14,500           13,500           14,500           +1,660   ...............          +1,000
Surety bond guarantees revolving            2,861            3,000            2,861            3,000             +139   ...............            +139
fund............................
Business Loans Program Account:
Direct loans subsidy.........           1,435   ...............           1,000            2,000             +565           +2,000           +1,000
Administrative expenses......         124,961          129,000          204,093          126,653           +1,692           -2,347          -77,440
Total, Business loans               126,396          129,000          205,093          128,653           +2,257             -347          -76,440
program account...........
Disaster Loans Program Account:
Direct loans subsidy.........  ...............          83,335           79,538           83,335          +83,335   ...............          +3,797
Emergency appropriations          501,000   ...............  ...............  ...............        -501,000   ...............  ...............
(Public Law 108-324)....
Administrative expenses......         111,648           56,000           49,716           56,000          -55,648   ...............          +6,284
Universal Service Fund, OIG......  ...............  ...............  ...............  ...............  ...............  ...............  ...............
Total, Disaster loans             1,040,648          139,335          129,254          139,335         -901,313   ...............         +10,081
Total, Small Business             1,500,774          592,994          655,296          621,572         -879,202          +28,578          -33,724
Salaries and expenses............           2,578   ...............           2,000            5,000           +2,422           +5,000           +3,000
Total, title IV, Related          3,101,923        2,195,053        2,267,577        2,231,444         -870,479          +36,391          -36,133
Appropriations.........      (2,172,923)      (2,195,053)      (2,267,577)      (2,231,444)        (+58,521)        (+36,391)        (-36,133)
Working capital fund (rescission)         -60,000   ...............  ...............  ...............         +60,000   ...............  ...............
Counterterrorism fund              ...............  ...............  ...............         -11,000          -11,000          -11,000          -11,000
Subtotal, General                   -60,000   ...............  ...............         -11,000          +49,000          -11,000          -11,000
Assets forfeiture fund                    -61,800   ...............         -62,000          -82,000          -20,200          -82,000          -20,000
Tour (rescission)................  ...............  ...............  ...............         -30,000          -30,000          -30,000          -30,000
Trilogy (rescission).............  ...............  ...............  ...............         -73,502          -73,502          -73,502          -73,502
Justice assistance (rescission)..          -1,619   ...............  ...............  ...............          +1,619   ...............  ...............
State & local law enforcement             -29,380   ...............         -38,500   ...............         +29,380   ...............         +38,500
assistance (rescission).........
Community oriented policing               -99,000   ...............         -86,500   ...............         +99,000   ...............         +86,500
services (rescission)...........
Juvenile justice programs                  -3,500   ...............  ...............  ...............          +3,500   ...............  ...............
Industrial technology services             -3,900   ...............  ...............  ...............          +3,900   ...............  ...............
Emergency steel guaranteed loan    ...............         -50,168          -35,000   ...............  ...............         +50,168          +35,000
program account (rescission)....
Salaries and expenses                     -12,000   ...............  ...............  ...............         +12,000   ...............  ...............
Across-the-board cut (.54          ...............  ...............  ...............  ...............  ...............  ...............  ...............
percent) (rescission) (sec. 640)
Total, title VI,                   -271,199          -50,168         -222,000         -196,502          +74,697         -146,334          +25,498
Rescissions...............
New budget                   52,014,314       54,366,388       51,678,177       52,357,161         +342,847       -2,009,227         +678,984
(obligational)
authority.............
Appropriations.....     (50,944,139)     (55,003,056)     (51,900,177)     (52,553,663)     (+1,609,524)     (-2,449,393)       (+653,486)
Emergency                (1,341,374)  ...............  ...............  ...............     (-1,341,374)  ...............  ...............
appropriations....
Rescissions........       (-271,199)       (-636,668)       (-222,000)       (-196,502)        (+74,697)       (+440,166)        (+25,498)
(Transfer out).........  ...............         (-9,000)         (-1,000)          (3,000)         (+3,000)        (+12,000)         (+4,000)
(By transfer)..........         (65,000)         (86,000)         (78,000)         (65,000)  ...............        (-21,000)        (-13,000)