[House Report 108-576]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-576

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



 
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
             AGENCIES APPROPRIATIONS BILL, FISCAL YEAR 2005

                                _______
                                

  July 1, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 4754]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for the Departments of Commerce, Justice, and 
State, the Judiciary, and related agencies for the fiscal year 
ending September 30, 2005.

                        INDEX TO BILL AND REPORT

_______________________________________________________________________


                                                            Page Number

                                                            Bill Report
Title I--Department of Justice.............................     2
                                                                      8
Title II--Department of Commerce and Related Agencies......    41
                                                                     57
        Office of the United States Trade Representative...    41
                                                                     58
        International Trade Commission.....................    42
                                                                     59
        Department of Commerce.............................    42
                                                                     59
Title III--The Judiciary...................................    60
                                                                     86
Title IV--Department of State and Related Agency...........    66
                                                                     92
        Department of State................................    66
                                                                     92
        Broadcasting Board of Governors....................    77
                                                                    114
Title V--Related Agencies..................................    83
                                                                    118
        Antitrust Modernization Commission.................    83
                                                                    118
        Commission for the Preservation of America's 
            Heritage Abroad................................    84
                                                                    118
        Commission on Civil Rights.........................    84
                                                                    119
        Commission on International Religious Freedom......    84
                                                                    119
        Commission on Security and Cooperation in Europe...    85
                                                                    119
        Congressional-Executive Commission on the People's 
            Republic of China..............................    85
                                                                    120
        Equal Employment Opportunity Commission............    85
                                                                    120
        Federal Communications Commission..................    86
                                                                    121
        Federal Trade Commission...........................    87
                                                                    122
        HELP Commission....................................    89
                                                                    122
        Legal Services Corporation.........................    89
                                                                    122
        Marine Mammal Commission...........................    90
                                                                    123
        National Veterans Business Development Corporation.    90
                                                                    123
        Securities and Exchange Commission.................    90
                                                                    123
        Small Business Administration......................    92
                                                                    124
        State Justice Institute............................    95
                                                                    128
        United States-China Economic and Security Review 
            Commission.....................................    96
                                                                    128
        United States Institute of Peace...................    96
                                                                    129
Title VI--General Provisions...............................    96
                                                                    129
Title VII--Rescissions.....................................   108
                                                                    132

                Summary of Estimates and Recommendations

    The Committee recommends a total of $39,815,000,000 in 
discretionary budget authority for the departments and agencies 
funded in this bill. The recommendation is $239,967,000 above 
the request and $2,217,174 above the amounts enacted for the 
current fiscal year. The Committee also recommends $702,815,000 
for mandatory programs funded within this bill.
    The following table provides a comparison of the new budget 
authority and outlays recommended in the accompanying bill with 
the amounts appropriated for fiscal year 2004, and the budget 
request for fiscal year 2005:

                                                                [In millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                         FY 2005 recommendation compared
                                                                                                           FY 2005                    with
                                                                     FY 2004 enacted  FY 2005 request    recommended   ---------------------------------
                                                                                                                        FY 2004 enacted  FY 2005 request
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discretionary......................................................           37,598           39,575           39,815           +2,217             +240
Mandatory..........................................................              649              703              703              +54  ...............
                                                                    ------------------------------------------------------------------------------------
      Total........................................................           38,247           40,278           40,518           +2,271             +240
--------------------------------------------------------------------------------------------------------------------------------------------------------

                         HIGHLIGHTS OF THE BILL

    Major initiatives and highlights contained in the 
recommendation follow:

                                                             TITLE I.--DEPARTMENT OF JUSTICE
                                                                [In millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                         FY 2005 recommendation compared
                                                                                                           FY 2005                    with
                                                                     FY 2004 enacted  FY 2005 request    recommended   ---------------------------------
                                                                                                                        FY 2004 enacted  FY 2005 request
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discretionary \1\..................................................           19,603           19,709           20,611           +1,008             +902
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ FY 2004 Enacted amount includes $15,000,000 in supplemental appropriations.

    --$20.6 billion in discretionary funding for the Department 
of Justice, $1 billion above the fiscal year 2004 level and 
$900 million above the President's request;
    --$624 million increase for the Federal Bureau of 
Investigation to enhance their intelligence, counterterrorism, 
cybercrime, and counterintelligence, while maintaining their 
ability to fight traditional crimes;
    --$77 million increase for the Drug Enforcement 
Administration to enhance Federal law enforcement's ability to 
fight drug crime;
    --$3 billion to assist State and local law enforcement to 
fight crime, $884.5 million above the request including: the 
Edward Byrne Memorial Justice Assistance Grants program ($634 
million), the State Criminal Alien Assistance Program ($325 
million), juvenile justice and accountability programs ($349 
million), law enforcement technologies ($130 million), the DNA 
backlog elimination program ($178 million), Community Oriented 
Policing Services enhancement grants ($112 million), and 
violence against women prevention and prosecution programs 
($383 million);
    --$27.3 million increase for the United States Marshals 
Service to ensure that the Federal judiciary operates safely 
and efficiently;
    --$43.1 million increase for the Bureau of Alcohol, 
Tobacco, Firearms and Explosives to enforce our Nation's gun 
and explosives laws.

                                                 TITLE II.--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
                                                                [In millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                         FY 2005 recommendation compared
                                                                                                           FY 2005                    with
                                                                     FY 2004 enacted  FY 2005 request    recommended   ---------------------------------
                                                                                                                        FY 2004 enacted  FY 2005 request
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discretionary......................................................            5,946            6,061            5,760             -186             -301
--------------------------------------------------------------------------------------------------------------------------------------------------------

    --$320 million for the Economic Development Assistance 
programs;
    --$1.52 billion for the Patent and Trademark Office;
    --$504.8 million for the international trade agencies;
    --$3.2 billion for the National Oceanic and Atmospheric 
Administration, including $784 million for the National Weather 
Service;
    --$525 million for the National Institute of Standards and 
Technology, including $106 million for Manufacturing Extension 
Partnership.

                                                                TITLE III.--THE JUDICIARY
                                                                [In millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                         FY 2005 recommendation compared
                                                                                                           FY 2005                    with
                                                                     FY 2004 enacted  FY 2005 request    recommended   ---------------------------------
                                                                                                                        FY 2004 enacted  FY 2005 request
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discretionary......................................................            4,822            5,372            5,213             +391             -159
--------------------------------------------------------------------------------------------------------------------------------------------------------

    --$5.2 billion for the on-going activities of the Federal 
courts and probation and pretrial services offices, an increase 
of $391 million above the fiscal year 2004 level and $159 
million below the request to accommodate an increase in the 
number of representations required under the Criminal Justice 
Act, to address court security requirements, and to fund 
salaries and other expenses of judicial operations.

                                                    TITLE IV.--DEPARTMENT OF STATE AND RELATED AGENCY
                                                                [In millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                         FY 2005 recommendation compared
                                                                                                           FY 2005                    with
                                                                     FY 2004 enacted  FY 2005 request    recommended   ---------------------------------
                                                                                                                        FY 2004 enacted  FY 2005 request
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discretionary \1\..................................................            8,608            8,988            8,908             +300              -80
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ FY 2004 Enacted amount includes $564,900,000 in supplemental appropriations.

    --Provides a 5.3 percent increase over fiscal year 2004 for 
the basic operations of the Department, excluding supplemental 
appropriations;
    --Provides 110 new positions to respond to high priority 
diplomatic requirements, including funding to support the 
creation of 63 new foreign service positions to be dedicated to 
visa adjudication, 10 positions for public diplomacy efforts, 
and 37 positions for anticipated mission requirements in Sudan, 
Libya, and Haiti;
    --Provides over $1.524 billion for embassy security 
programs, an increase of $147.2 million over fiscal year 2004. 
This increase includes 71 new diplomatic security personnel and 
$785.37 million for State Department's share of the costs of a 
capital security cost sharing program which will result in 
acceleration of the program to construct secure replacement 
facilities for American personnel serving overseas;
    --Includes $1.194 billion to fully cover anticipated 
assessments for U.S. membership in the United Nations and other 
international organizations;
    --Includes $650 million for contributions for international 
peacekeeping activities, the full amount requested; and
    --Includes $610.3 million for international broadcasting, 
including increases for radio and television broadcasting to 
the Middle East.

                                                               TITLE V.--RELATED AGENCIES
                                                                [In millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                         FY 2005 recommendation compared
                                                                                                           FY 2005                    with
                                                                     FY 2004 enacted  FY 2005 request    recommended   ---------------------------------
                                                                                                                        FY 2004 enacted  FY 2005 request
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discretionary\1\...................................................            2,170            2,401            2,374             +204              -27
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ FY 2004 Enacted amount includes $10,000,000 in supplemental appropriations.

    --$203 million for the Federal Trade Commission including 
full funding for the National Do-Not-Call program;
    --$913 million in total budget authority for the Securities 
and Exchange Commission to protect investors and combat 
corporate fraud; and
    --$672 million in total budget authority for the Small 
Business Administration, including $90 million for the Small 
Business Development Centers to conduct outreach to the 
Nation's small businesses and a record $12.5 billion 7(a) 
business loan program, as requested, to help small businesses 
access capital.

                              Right-Sizing

    The Committee strongly supports interagency efforts to 
right-size the overseas presence of the United States 
Government. The Committee understands the definition of right-
sizing to be the systematic and thorough review of all overseas 
missions and staffing levels and the reallocation of resources 
to achieve a leaner, streamlined, more agile, and more secure 
U.S. Government presence abroad. The Committee expects agencies 
funded in this bill to cooperate fully with all interagency 
efforts to achieve effective right-sizing.
    The 1998 terrorist attacks on two U.S. Embassies in Africa 
highlighted security deficiencies in diplomatic facilities. The 
bombings in Saudi Arabia, the assassination of a USAID employee 
in Jordan, and the closure of the U.S. Embassy in Kenya 
underscore continued threats against U.S. personnel overseas. 
The attacks on the American Embassies in Africa prompted the 
creation of the Overseas Presence Advisory Panel, which 
proposed significant recommendations regarding right-sizing 
that have subsequently been embraced by this Committee, and 
included in the President's Management Agenda. In addition, the 
General Accounting Office (GAO) has studied right-sizing the 
Nation's overseas presence. The GAO reports found that U.S. 
agencies' staffing projections for new embassy compounds are 
developed without a systematic approach or comprehensive right-
sizing analysis. In response, the GAO developed a framework of 
questions designed to link staffing levels to three critical 
elements of overseas diplomatic operations (1) physical/
technical security of facilities and employees; (2) mission 
priorities and requirements; and (3) cost of operations. In 
light of continuing security vulnerability, the Committee 
intends to ensure that such a framework is established and 
followed.
    The Committee expects that the fiscal year 2006 budget 
request will continue to reflect the application of a right-
sizing methodology. Increases or expansions should be justified 
in terms of mission priorities both within the agency, and 
within the specific diplomatic mission, and should be, to the 
maximum extent possible, accompanied by offsetting decreases to 
maximize the allocation of scarce resources to emerging 
priorities. A proper plan should include a systematic analysis 
to bring about a reconfiguration of overseas staffing to the 
minimum level necessary to meet critical U.S. foreign policy 
goals. The Committee expects to receive this additional 
analysis prior to the establishment or expansion of any 
activities beyond those currently approved.

            Reprogrammings, Reorganizations, and Relocations

    The House and Senate reports accompanying the 
appropriations bills for the Departments of Commerce, Justice, 
and State, the Judiciary, and the Related Agencies for several 
years have contained language concerning the reprogramming of 
funds between programs and activities. This matter is addressed 
in section 605 of the General Provisions contained in the 
accompanying bill.
    The Committee expects each department and agency to follow 
closely the reprogramming procedures listed below, which are 
identical to provisions that applied in statute during fiscal 
year 2004. These procedures apply to funds provided under this 
Act, or provided under previous Appropriations Acts that remain 
available for obligation or expenditure in fiscal year 2005, or 
provided from any accounts in the Treasury available to the 
agencies funded by this Act.
    The Committee expects that the Chairman of the 
Appropriations Subcommittee on the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies will be 
notified by letter a minimum of 15 days prior to-
    (1) Reprogramming of funds, whether permanent or temporary, 
in excess of $500,000 or 10 percent, whichever is less, between 
programs or activities. This provision is also applicable in 
cases where several activities are involved with each receiving 
less than $500,000. In addition, the Committee is to be 
notified of reprogramming actions which are less than these 
amounts if such actions would have the effect of committing the 
agency to significant funding requirements in future years.
    (2) Increasing funds or personnel by any means for any 
project or activity for which funds have been denied or 
restricted.
    (3) Creating new programs, offices, agencies or commissions 
or substantially augmenting existing programs, offices, 
agencies or commissions.
    (4) Relocating offices or employees.
    (5) Reorganizing offices, programs, or activities.
    In addition, the Committee expects any department or agency 
funded in the accompanying bill that is planning to conduct a 
reduction-in-force to notify the Committee by letter 30 days in 
advance of the date of the proposed personnel action.
    The Committee also expects that any items that are subject 
to interpretation will be reported.
    The Committee is concerned that, in some instances, the 
departments or agencies funded within this Appropriations Act 
are not adhering to the Committee's reprogramming policy and 
procedures that are set forth in this report and in section 605 
of the accompanying bill. The Committee expects that each 
department and agency funded in the bill will follow these 
notification policies precisely and will not reallocate 
resources or reorganize activities prior to submitting the 
required notifications to the Committee. The Committee has 
provided each of the departments, the Judiciary, and the Small 
Business Administration with transfer authority, which is the 
same as the transfer authority provided in the fiscal year 2004 
Appropriations Act. The Committee believes such authority, 
together with the traditional reprogramming policy, gives each 
department, the Judiciary, and the Small Business 
Administration the needed flexibility to respond to 
unanticipated circumstances and requirements, which may arise 
throughout the fiscal year.

           Relationship With Budget and Comptroller's Offices

    Through the years the Appropriations Committee has 
channeled most of its inquiries and requests for information 
and assistance through the budget offices or comptroller 
organizations of the various departments, agencies, and 
commissions and the Judiciary. The Committee has often pointed 
out the natural affinity and relationship between these 
organizations and the Appropriations Committee that makes such 
a relationship imperative. The Committee reiterates its 
position that, while it reserves the right to call upon all 
organizations in the departments, agencies, and commissions and 
the Judiciary for information and assistance, the primary 
contact between the Committee and these entities must be 
through the budget offices and comptroller organizations. The 
Committee reserves the right to call upon all organizations 
throughout the agencies.
    The workload generated in the budget process is large and 
growing, and, therefore, a positive, responsive relationship 
between the Committee and the budget and/or comptroller offices 
is absolutely essential to the appropriations process to ensure 
that the information needs of the Committee are met in order to 
fulfill the Constitutional responsibilities of the Congress.

              Full Compliance With the Telework Directive

    Advances in information and computer technology, the 
development of the Internet, and the growth of wireless and 
digital products have given some Federal employees the ability 
to telework, or work anytime from almost any place. Management 
considerations, such as productive and satisfied workers; 
environmental considerations, such as reduced traffic 
congestion and improved air quality; and quality of life 
considerations, such as accommodating the short- or long-term 
health needs of employees, require the establishment of 
telework programs.
    Policies on telework continue to evolve. Among the factors 
that contribute to successful programs are top management 
support and a clear telework agreement that includes 
expectations with measurable goals, accountability, and 
performance results. The Committee is committed to telework 
programs in the Federal government and is impressed by the 
efforts of some of the agencies under its jurisdiction. For 
example, nearly 2,000 employees at the U.S. Patent and 
Trademark Office now experience the benefits of telecommuting, 
representing about twenty-five percent of the workforce. 
However, full implementation of telecommuting policies remains 
to be achieved.
    The fiscal year 2005 Appropriations Act for the Departments 
of Commerce, Justice, and State, the Judiciary and Related 
Agencies includes a provision requiring that the Departments of 
Commerce, Justice, and State, the Judiciary, the Securities and 
Exchange Commission and the Small Business Administration 
certify that telecommuting opportunities have been made 
available to 100 percent of the eligible workforce. Previous 
public laws have required the departments and agencies to each 
establish a policy under which eligible employees may 
participate in telecommuting to the maximum extent possible 
without diminished performance. Noting that each entity should 
have met this requirement, the Committee requires certification 
that each has done so. In addition, of the total amounts 
appropriated to each of the departments, the Judiciary, the 
Securities and Exchange Commission and the Small Business 
Administration, $5,000,000 shall be available only upon such 
certification, and these agencies should report to the 
Committee on the activities undertaken with these funds. 
Language is repeated from fiscal year 2004 requiring agencies 
to designate a Telework Coordinator.

                          Budget Presentation

    The Committee is supportive of budget and performance 
integration so that government programs can become more 
results-oriented. The Committee understands that the 
Administration's Program Assessment Rating Tool (PART) will 
assist government agencies in measuring success and strategic 
planning. While the amount of performance data included in 
budget documents has increased, in many cases it has been at 
the expense of programmatic budget data and justifications that 
are critical to the work of the Committee. The Committee 
expects all Departments and agencies covered under this Act to 
consult with the Committee on this issue before submission of 
the fiscal year 2006 Budget Request and justification 
materials.

                     TITLE I--DEPARTMENT OF JUSTICE

    Despite severe funding limitations faced by the Committee 
in fiscal year 2005, the recommendation for the Justice 
Department reflects the overriding priority of the Committee to 
ensure that Federal, State and local law enforcement has 
sufficient resources to address the threat of terrorism while 
continuing to perform traditional law enforcement activities to 
prevent and investigate crimes. The recommendation reflects the 
Committee's commitment to combating terrorism, espionage, 
cybercrime, gang-related crime, illegal drugs, and corporate 
fraud.
    The Committee recommends $20,846,446,000 in new budget 
authority in the accompanying bill for the Department of 
Justice for fiscal year 2005. This amount is $1,046,172,000 
above the current year and $901,707,000 above the budget 
request. Of the total amount provided, $20,610,807,000 is 
derived from general purpose discretionary funds and 
$235,639,000 is scored as mandatory spending.
    The recommendation establishes a new Intelligence 
Directorate in the Federal Bureau of Investigation (FBI) to 
strengthen the Bureau's intelligence capacity and ensure 
intelligence is interwoven throughout the agency. In addition, 
the recommendation incorporates H.R. 4564, which provides the 
FBI Director with new, more flexible retention, recruitment and 
retirement authorities. These new authorities will improve the 
FBI's ability to compete for highly qualified staff with the 
other members of the Intelligence Community and the private 
sector.
    In addition to the creation of an Intelligence Directorate 
and new, flexible personnel tools, the recommendation provides 
funding for more than 1,000 additional agents, analysts and 
support staff for intelligence and counterterrorism activities, 
along with additional funding to address issues such as child 
prostitution and gang-related crime.
    The creation of the new directorate, the new personnel 
authorities and the additional funding provided by this bill 
will allow the FBI to take the next step in its transformation 
from a traditional law enforcement agency to an agency focused 
on combating international terrorism and other evolving 
national security threats.
    The recommendation also supports the requirements of the 
other Federal law enforcement agencies in the Department of 
Justice by fully funding the requests for the Drug Enforcement 
Administration and the Bureau of Alcohol, Tobacco, Firearms and 
Explosives, and providing a $10,000,000 increase above the 
request for the United States Marshals Service to enhance its 
capability to protect the judicial process.
    Finally, the recommendation continues the Committee's 
commitment to supporting our nation's police and sheriffs' 
departments by providing an increase of $885,581,000 above the 
Administration's request for State and local law enforcement 
grants. The recommendation provides increases above the request 
for the Edward Byrne Justice Assistance Grants program 
(+$125,000,000), the State Criminal Alien Assistance Program 
(+$325,000,000), COPS enhancement grants (+$113,000,000), 
juvenile justice and accountability programs (+$104,533,000), 
meth hot spots (+$40,000,000), and law enforcement technologies 
(+$130,000,000).

                         General Administration


                         SALARIES AND EXPENSES

    The Committee recommends a total of $124,906,000 for 
General Administration for fiscal year 2005. This amount is 
$19,342,000 above the level provided in the current year and 
$61,645,000 below the request.
    This account supports the development of policy objectives 
and the overall management of the Department of Justice. The 
recommendation fully funds the request for the Office of 
Intelligence Policy and Review, including a program increase of 
30 additional positions and $6,592,000. The recommendation also 
fully funds the requested program increase of 16 additional 
positions and $3,020,000 for the Security and Emergency 
Planning Staff, including $1,500,000 for the implementation of 
a Department-wide personnel security tracking system. In 
addition, the recommendation provides an increase of $395,000 
to strengthen hiring and diversity policies and $500,000 to 
enhance attorney recruitment and retention through the student 
loan repayment program. The Committee strongly supports the 
request for the Justice Unified Telecom Network, Public Key 
Infrastructure, enterprise architecture, the information 
sharing initiative, IT project oversight, the investment 
management project and the unified financial management system. 
The Committee recommendation assumes all of these projects will 
be funded by the Department's Working Capital Fund.
    The Committee directs the Department to provide quarterly 
reports describing Department resources dedicated to Indian 
Country and to combating illegal activity at Native American 
Casinos. This report shall include: the number of agents 
assigned to Indian Country; man-hours worked in Indian Country; 
the amount and types of training provided; the number of 
matters initiated; the number of cases; the number of subjects/
defendants; the number of convictions; the amount of 
restitution ordered; and the actions of the Indian Gaming 
Working Group, including coordination with the National Indian 
Gaming Commission.
    Consistent with direction included in previous years, the 
recommendation includes necessary sums to continue efforts to 
replace locks used to store classified information.
    Office of Privacy and Civil Liberties.--Since September 11, 
2001, the Congress has provided both significant additional 
resources and broad legal authorities to the Justice Department 
to meet its counterterrorism responsibilities. In fiscal year 
2004, the Committee directed the Department to designate a 
senior policy official to assume responsibility for developing 
appropriate civil rights safeguards, particularly as related to 
the war on terrorism, and for coordinating the work of all 
Department components involved in these efforts. The Committee 
understands that the Office of the Deputy Attorney General has 
appointed two officials with responsibility for reviewing civil 
rights and civil liberties issues. The recommendation provides 
not less than $690,000 for the salaries and benefits of this 
office, including funding for two additional professional staff 
positions to facilitate the work of the office. The Committee 
directs the Department of Justice to submit a report to the 
Congress, detailing the specific responsibilities and authority 
of the Office of Privacy and Civil Liberties protection within 
30 days. Subsequently, the Committee directs the Department of 
Justice to report to the Committee annually on the activities 
of the office.
    Budget Models.--The Committee is concerned that the 
Administration is not adequately budgeting for the 
incarceration needs of the Department. The Committee recognizes 
that the Department's highest priority is the prevention of 
terrorism and fully supports this priority. However, the 
Committee is concerned that, while the Department is focused on 
hiring as many agents, analysts and attorneys as necessary to 
prevent terrorism and prosecute terrorists, the budget request 
does not fully support the budgetary needs of all components of 
the criminal justice system, particularly the U.S. Marshals 
Service, the Detention Trustee and the Federal Prison System. 
For example, in fiscal year 2004, the Department submitted a 
reprogramming request for the Detention Trustee to address a 
$109 million shortfall, even though the Committee had provided 
a level of funding consistent with the budget request. The 
Department's fiscal year 2005 budget request for the Federal 
Prison System includes more than $100 million in savings and 
program reductions even though the prisoner population is 
estimated to grow by 7,927 inmates next year. In order to 
ensure that the budgetary needs of each component of the 
criminal justice system are being adequately addressed, the 
Committee directs the Department to submit a report, no later 
than August 1, 2005, describing how the hiring of an 
investigator impacts the workload of the U.S. Attorneys, the 
U.S. Marshals Service, the Detention Trustee, and the Federal 
Prison System. Recognizing that each investigating agency's 
mission is different and can impact the workload of other 
components of the criminal justice system in different ways, 
the Committee expects the Department to create budget models 
for each type of investigating agent. For example, if an 
additional Drug Enforcement Administration agent is requested, 
the Department should identify the corresponding future 
increase needed for additional staff for the U.S. Attorneys and 
the U.S. Marshals Service and also project the increase needed 
in bed space at Federal detention facilities and the Federal 
Prison System.
    Fast Track Programs.--The Committee understands that some 
courts and U.S. Attorneys Offices, such as those along the 
Southwest Border, have expedited disposition or ``fast track'' 
programs where U.S. Attorneys offer lower sentences for certain 
non-violent drug and immigration cases in return for plea 
agreements and agreements not to appeal, and courts use 
streamlined procedures to process the disposition of these 
cases. The Committee understands that the Southwest Border 
courts could not manage their criminal caseload without this 
program and that this program reduces costs throughout the 
criminal justice system including costs for jurors, 
interpreters, marshals, prosecutors, Federal defenders, 
district and appellate courts, marshals' detention, and BOP 
incarceration. The Committee directs the Department to submit a 
report within 45 days of enactment of this Act providing a list 
of the fast track programs operating throughout the country and 
an estimate of the resources the Justice Department saves 
through these programs. The report shall also discuss 
opportunities to expand fast track programs to other districts. 
The Committee believes that, in order to provide Federal law 
enforcement with the resources required to investigate and 
prosecute terrorists, while funding the operational needs of 
the other elements of the criminal justice system including the 
Detention Trustee, the Federal Prison System and the Marshals 
Service, innovative processes must be developed to operate 
within existing funding levels.
    Gangs.--The Committee is concerned with the growth in gang-
related crime throughout the country. In order to address this 
problem, the Committee has included the following increases to 
specifically address gang crime prevention, investigation, and 
prosecution: $10,000,000 to enhance the FBI intelligence 
capabilities related to gangs; $5,000,000 for additional ATF 
special agents, $3,029,000 for 25 additional U.S. Attorneys, 
and $20,000,000 in State and local law enforcement grants in 
the Juvenile Justice program. The Committee believes that the 
Department needs to coordinate its efforts to address gang-
related crimes. The Department is directed to submit a report 
to the Committee no later than 180 days after enactment of this 
Act on how the Department is addressing gangs throughout the 
country, including the possibility of creating an Interagency 
Law Enforcement account to address the gang problem similar to 
the way the Department uses the Organized Crime Drug 
Enforcement Task Forces to address drug cases.
    International Law Enforcement Alliance.--The Committee 
believes there is a need to improve the sharing of information 
with and among the national law enforcement agencies of our 
allies. The creation of an international law enforcement 
alliance would allow the Department and the Federal Bureau of 
Investigation to formally share information and conduct joint 
operations with law enforcement agencies in other countries. 
The Committee understands that the FBI and the Department are 
pursuing such a proposal with the North Atlantic Treaty 
Organization. The Committee urges the Department to quickly 
move forward on this effort.
    The Committee notes that the Department has yet to submit 
the quarterly reports required by section 611 of the fiscal 
year 2004 Conference Report, and directs the Department to 
submit such reports promptly following the close of each 
quarter of the fiscal year.
    The recommendation retains bill language proposed for 
deletion regarding position and workyear limits for the Offices 
of Public Affairs and Legislative Affairs and Departmental 
Leadership. The recommendation also retains bill language which 
makes up to $3,317,000 available until expended for 
Departmental building, renovation, maintenance, and security 
needs.

                     JOINT AUTOMATED BOOKING SYSTEM

    The recommendation provides $20,000,000 for the Joint 
Automated Booking System (JABS), $1,026,000 above the current 
year and $309,000 below the request. JABS enables Federal law 
enforcement components to electronically share criminal arrest 
data, which improves criminal identification response times and 
avoids duplication of booking data entry.

         INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM

    The Committee recommendation provides $5,054,000 for this 
account, which is the same as the request and $8,000 above the 
current year. This account funds the continued integration of 
the FBI Integrated Automated Fingerprint Identification System 
(IAFIS) with other fingerprint identification systems now 
residing at the Department of Homeland Security (DHS).
    The Committee understands this program has achieved its 
first mandate to make FBI IAFIS records available to DHS. The 
Committee understands that DHS is in the process of deploying 
this technology to additional locations. The recommendation 
provides funding for continued efforts to make DHS records 
available to the FBI and State and local law enforcement. This 
effort shall include ensuring that these systems can interface 
with DHS' new U.S.-VISIT program.
    The Committee strongly encourages the Department to work 
closely with the Undersecretary for Border and Transportation 
Security and to provide all necessary resources to make these 
systems interoperable as soon as possible. The Committee also 
directs the Department to provide a report, not later that 
January 1, 2005, on the status of this effort, including the 
extent that DHS and IAFIS data are shared and accessible in 
real time when border checks are made. The report shall also 
discuss the implementation of the recommendations of the Office 
of Inspector General's March report on this project.

                   LEGAL ACTIVITIES OFFICE AUTOMATION

    The Committee recommends $50,000,000 for the Legal 
Activities Office Automation (LAOA) program, which is 
$30,510,000 below the request and $23,251,000 above the current 
year. The Committee recommendation assumes the Department will 
transfer $30,510,000 from the Working Capital Fund to provide a 
total of $80,510,000 for this account. The recommendation 
places this funding under the ``General Administration'' sub-
heading, instead of under ``Legal Activities'' as requested.
    This account funds the Justice Consolidated Office Network, 
which is the standard office automation system upon which 15 
Department of Justice components operate their mission-critical 
applications.

                       NARROWBAND COMMUNICATIONS

    The Committee recommends $100,000,000 for this account, 
which is $2,085,000 below the current year and $1,971,000 below 
the request. The purpose of this account is to fund the 
Department's efforts to comply with the National 
Telecommunications and Information Administration narrowband 
mandates. This account funds component legacy network 
requirements, operations of the Wireless Management Office, the 
Integrated Wireless Network operations, and the acquisition of 
new equipment and services.

                   ADMINISTRATIVE REVIEW AND APPEALS

    The Committee recommends $202,518,000 for this account, 
which is $11,024,000 above the current year and the same as the 
request. Of the total amount provided, $200,463,000 is for the 
Executive Office of Immigration Review (EOIR) and $2,055,000 is 
for the Office of the Pardon Attorney.
    This appropriation supports the EOIR, which includes the 
Board of Immigration Appeals, Immigration Judges, and 
Administrative Law Judges who decide through administrative 
hearings on the admission or exclusion of aliens seeking to 
enter the country, and the transportation and adjustment of 
status of aliens whose status has been challenged; and the 
Office of the Pardon Attorney, which receives, investigates and 
considers petitions for all forms of Executive clemency.
    The recommendation includes a program increase of 32 
positions and $1,690,000 to address an anticipated increase in 
immigration workload.

                           DETENTION TRUSTEE

    The Committee recommends $938,810,000 for the Federal 
Detention Trustee for fiscal year 2005, which is $133,280,000 
above the amount provided in fiscal year 2004 and the same as 
the request. The recommendation includes increases for 
inflationary adjustments and for the anticipated daily cost of 
an increased number of detainees housed in non-Federal 
detention facilities.
    The Committee is dismayed by the Justice Department's 
continuing inability to accurately project and request the full 
costs of its Federal prisoner detention needs. In fiscal year 
2003, the Committee provided $40,000,000 in supplemental 
appropriations to the Detention Trustee for additional 
requirements and approved several reprogrammings to shift 
additional funds for detention costs. In fiscal year 2004, the 
Department has proposed another reprogramming of $109,000,000 
toward such costs.
    The Committee remains concerned that the Detention Trustee 
does not have a sound methodology to anticipate detention needs 
and costs. The Committee has asked the Justice Department to 
work to reduce the average number of days spent in Federal 
detention. The Committee believes that the Bureau of Prisons 
and the United States Marshals Service can work together to 
reduce detention time from sentencing to incarceration, and the 
United States Attorneys and the Federal Judiciary may be able 
to develop fast-track programs to expedite case review for non-
violent offenders and thereby reduce detention time from arrest 
to sentencing. The Department should examine the entire Federal 
detention process from commencement to incarceration to find 
ways to operate within requested and appropriated funding 
levels.
    The Committee (1) deletes language carried in previous 
years regarding functions and powers of the Detention Trustee; 
(2) deletes language carried in previous years regarding the 
authorities of the Detention Trustee; (3) provides that 
unobligated balances available in prior years from funds 
appropriated to the Federal Prisoner Detention account be 
transferred to the Detention Trustee account; and (4) retains 
language regarding the health and safety of Federal prisoners 
in non-Federal institutions.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $63,813,000 for the Office of 
Inspector General, which is $3,613,000 above the current year 
and same as the request. The Office of Inspector General 
conducts and supervises audits and investigations relating to 
the programs and operations of the Department of Justice. The 
Inspector General keeps the Attorney General and the Congress 
informed about problems and deficiencies relating to the 
administration of such programs and activities.
    Not later than 30 days after the date of the enactment of 
this Act, the Inspector General of the Department of Justice 
shall submit to the Committee on Appropriations, the Committee 
on Government Reform, and the Committee on the Judiciary of the 
House of Representatives, and to the Committee on 
Appropriations, the Committee on Governmental Affairs, and the 
Committee on the Judiciary of the Senate a report setting forth 
in detail all internal and interagency legal memoranda and 
advisory documents that condoned, approved, ordered, 
authorized, or permitted any action in violation of any 
obligation of the United States under the Geneva Conventions of 
1949; the International Covenant on Civil and Political Rights; 
or the Convention Against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment; and the number of hours 
spent on the preparation of such memoranda and documents 
described above.

                    United States Parole Commission


                         SALARIES AND EXPENSES

    The Committee recommends $10,650,000 for the United States 
Parole Commission, which is $152,000 above the current year and 
the same as the request.
    This Commission is an independent body within the 
Department of Justice which makes decisions regarding requests 
for parole and supervision of Federal and District of Columbia 
Code prisoners. As a result of legislation that established 
sentencing guidelines, the Parole Commission is phasing down 
its Federal operations. However, in August 1998, the Commission 
assumed jurisdiction over District of Columbia felony prisoners 
and on August 5, 2000, the Commission assumed jurisdiction over 
District of Columbia Code parolees. The Committee expects the 
Commission to immediately submit the report required by Public 
Law 107-273 and the fiscal year 2004 Conference Report.

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

    The Committee recommends a total of $639,314,000 for 
General Legal Activities, which is $10,310,000 above the 
current year and $17,821,000 below the request.
    This appropriation supports the Attorney General through 
the establishment of litigation policy, conduct of litigation, 
and various other legal responsibilities. The distribution of 
funding provided is as follows:

                        GENERAL LEGAL ACTIVITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                               2005
                                                          recommendation
------------------------------------------------------------------------
Solicitor General......................................           $8,245
Tax Division...........................................           81,399
Criminal Division......................................          141,185
Civil Division.........................................          188,754
Environment and Natural Resources......................           91,450
Office of Legal Counsel................................            5,858
Civil Rights Division..................................          109,141
Interpol-USNCB.........................................           12,945
Office of Dispute Resolution...........................              337
                                                        ----------------
      Total............................................          639,314
------------------------------------------------------------------------

    Criminal Division.--The recommendation fully funds the 
request for the Criminal Division including the following 
program increases: $672,000 and 6 positions for 
counterterrorism investigations and prosecutions; $235,000 for 
terrorist financing investigations and prosecutions; $260,000 
and 2 positions for investigation and prosecution of human 
smuggling; $236,000 and 2 positions for corporate fraud 
investigations and prosecutions; $2,605,000 and 25 positions to 
investigate and prosecute adult obscenity and child 
exploitation crimes.
    Civil Rights Division.--The recommendation provides 
$109,141,000 for the Civil Rights Division, which is $299,000 
above the current year and equal to the request. The 
recommendation fully funds the Civil Rights Division's efforts 
to combat human trafficking and the Committee expects the 
Department to continue submitting yearly updates regarding 
efforts to address human trafficking.
    Interpol.--The recommendation provides $12,945,000 for 
Interpol-U.S. National Central Bureau (USNCB). The 
recommendation provides $1,000,000 above the request for U.S. 
Interpol dues exchange rate changes.
    Civil Division.--The recommendation provides $188,754,000 
for the Civil Division. The recommendation eliminates the bill 
language designation for the administration of the Radiation 
Exposure Compensation Trust Fund, as requested. The Committee 
recommends bill language carried in previous Appropriations 
Acts allowing the Attorney General to provide additional 
resources to the Civil Division, if emergent circumstances 
warrant, through transfers of funds from other Department of 
Justice sources, subject to the requirements of section 605 of 
this Act. The Committee expects the Justice Department to 
submit a reprogramming for costs associated with continuing 
tobacco and other litigation activities, should funding be 
warranted. The Committee is aware that the parties to Irvin 
Rosner, et al., v. United States of America have agreed to 
mediation and to the selection of a mediator. Given that this 
case involves elderly Holocaust survivors, the Committee 
believes that the Department of Justice should proceed with 
this mediation in a compassionate and expeditious manner in 
order to reach a fair resolution.
    The Committee recommends bill language, similar to that 
included in previous fiscal years, which: (1) allows up to 
$20,000 for expenses of collecting evidence; (2) makes up to 
$10,000,000 for litigation support contracts available until 
expended; (3) makes up to $1,000 available to the INTERPOL-
USNCB for reception and representation expenses; and (4) allows 
the Attorney General to transfer funds to address emergent 
circumstances in the Civil Division.

                 VACCINE INJURY COMPENSATION TRUST FUND

    The Committee recommends $6,333,000 for the Vaccine Injury 
Compensation Trust Fund to cover the Department of Justice's 
expenses associated with litigating cases under the National 
Childhood Vaccine Injury Act of 1986. This amount is $2,348,000 
above the enacted level and the same as the request. The 
recommendation includes a program increase of 13 new positions 
and $2,305,000 to address the exponential growth in vaccine 
injury claims alleging injuries caused by thimerosal.

               SALARIES AND EXPENSES, ANTITRUST DIVISION

    The Committee recommendation includes $135,463,000 in 
budget authority for the Antitrust Division for fiscal year 
2005, $1,000,000 below the request and $2,552,000 above the 
fiscal year 2004 appropriation. This appropriation is offset by 
$101,000,000 in pre-merger filing fee collections, resulting in 
a direct appropriation of $34,463,000.
    The Division acts on antitrust cases before the Supreme 
Court, represents the interests of the United States in cases 
brought under Federal antitrust laws, reviews decisions of 
regulatory commissions, and prepares and files amicus briefs. 
Appropriations for both the Division and the Federal Trade 
Commission are offset by Hart-Scott-Rodino Act pre-merger 
filing fee collections. The Committee understands that due to 
changes in the Hart-Scott-Rodino fee structure and a reduction 
in merger activity, the number of pre-merger filings requiring 
review declined by 80 percent between fiscal year 2000 and 
fiscal year 2003.
    The recommendation includes bill language for the Division, 
carried in previous years, that allows fees to be credited to 
this account and reduces appropriated funds as fees are 
collected.

             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

    The recommendation provides $1,535,000,000, which is 
$24,807,000 above the enacted level and $12,519,000 below the 
request. In addition to these funds, the budget request 
identifies $22,035,000 of unencumbered multi-year funding. The 
Committee directs the Department to use these funds if 
necessary to fully fund the base operations of this account.
    This appropriation supports the Executive Office of U.S. 
Attorneys and the 94 U.S. Attorney Offices, which serve as the 
principal litigators for the U.S. Government for criminal, 
civil, and debt collection matters. The recommendation includes 
the following increases: $39,530,000 for pay and inflationary 
adjustments; $5,762,000 for 66 additional positions, including 
44 attorneys, for additional terrorism and criminal 
prosecutions; $3,029,000 for 32 additional positions, including 
25 attorneys, to address gang-related crimes; and $1,405,000 
and 26 additional positions for the workforce imbalance 
initiative. The recommendation offsets these increases with 
$24,919,000 of reductions associated with efficiencies and 
program reductions as proposed in the budget request, and non-
recurring program costs.
    Cybercrime and Intellectual Property Enforcement.--Twenty-
five percent of the software produced in the United States has 
been copied illegally in violation of U.S. copyright laws. The 
estimate of lost revenue to such industries exceeds $30 billion 
annually. The Committee recommendation includes $10,000,000 for 
the continued vigorous pursuit of Federal copyright law 
violations and software counterfeiting crimes. The U.S. 
Attorneys shall report to the Committee by April 30, 2005, on 
the number, type and location of copyright prosecutions 
undertaken in the preceding year, including those under Public 
Law 105-147.
    Public Corruption.--The Committee continues to support 
efforts to combat public corruption. United States Attorneys 
have been at the front lines of this effort and the Committee 
applauds their actions, particularly the success of Operation 
Safe Road in the northern district of Illinois. The Committee 
commends the career employees and U.S. Attorneys involved in 
these investigations and urges them to emphasize the importance 
of this work within their offices.

                   UNITED STATES TRUSTEE SYSTEM FUND

    The Committee recommendation provides a total of 
$172,850,000 for the U.S. Trustees for fiscal year 2005, to be 
entirely funded from offsetting collections. The amount 
recommended is $6,693,000 above the fiscal year 2004 level and 
$1,505,000 below the request.
    The U.S. Trustee System provides administrative support to 
expeditiously move bankruptcy cases through the bankruptcy 
process and ensure accountability of private trustees appointed 
to administer bankruptcy estates. Public Law 99-554, the 
Bankruptcy Judges, U.S. Trustees, and Family Farmer Bankruptcy 
Act of 1986, established a U.S. Trustee System Fund in the U.S. 
Treasury and provided for the collection of fees into the Fund 
to finance program operations.
    The recommendation provides additional funds for pay and 
inflationary adjustments. The recommendation does not include 
the requested information technology program increase. The 
Committee recommends that the Department of Justice use the 
Working Capital Fund to address these requirements.
    The recommendation also includes bill language which: (1) 
allows deposits to the U.S. Trustee System Fund to be used to 
pay refunds due depositors; (2) allows $172,850,000 in 
offsetting collections to be retained and used for necessary 
expenses in this appropriation; and (3) reduces appropriated 
funds as such offsetting collections are collected.

      SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

    The Committee recommends $1,220,000 for the Foreign Claims 
Settlement Commission, which is $27,000 above the enacted level 
and the same as the request.
    The Commission settles claims of American citizens arising 
out of nationalization, expropriation, or other takings of 
their properties and interests by foreign governments.

         SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

    The Committee recommends $752,070,000 for the United States 
Marshals Service (USMS) Salaries and Expenses account for 
fiscal year 2005. This level is $39,867,000 above the fiscal 
year 2004 level and $10,000,000 above the request.
    The recommendation includes a separate appropriation for 
construction. The recommendation fully funds the inflationary 
adjustments requested and assumes $19,411,000 in requested base 
reductions.
    The recommendation includes an increase of $18,897,000 for 
158 new positions to address shortfalls in the protection of 
the judicial process. These positions are to be allocated to 
those districts with the highest priority needs. As the number 
of new judges, defendants, and proceedings increases, it is 
becoming more difficult to provide adequate protection to the 
judiciary. The Department of Justice Inspector General (IG) 
recently concluded a study on the ability of the Marshals 
Service to protect the judiciary and found many areas that 
deserved attention and required additional resources. For this 
reason, the Committee recommends an additional $10,000,000 to 
further protect the judiciary. Specifically, the increase is 
intended to support the IG's recommendations to (1) ensure that 
all threats to the judiciary are assessed within established 
timeframes; (2) update the historical threat database; (3) 
assign full-time representatives to all Joint Terrorism Task 
Forces; (4) create a centralized capability to identify, 
collect, analyze, and share intelligence with USMS districts, 
JTTF representatives, and other intelligence liaisons; (5) 
require that Chief Deputy Marshals and JTTF representatives 
have Top Secret clearances and ensure that each district has 
secure communication equipment; and (6) establish risk-based 
standards and require after-action reports for high-threat 
trials and protective details.
    The recommendation includes $1,550,000 for preventive 
maintenance and repair of existing courthouse security 
equipment. The recommendation includes an increase of 
$1,922,000 and 15 positions for the witness security program. 
Finally, the recommendation includes an increase of $478,000 
and 5 positions for information technology requirements.
    The recommendation includes bill language (1) making 
funding available for supervisory deputy marshals for 
courthouse security, (2) making funding available for official 
reception and representation expenses, (3) extending 
availability of information technology funds, (4) making 
funding available for courthouse security equipment, and (5) 
designating the number of positions and full-time-equivalents 
provided in this Act.

                              CONSTRUCTION

    The recommendation includes $1,371,000 for construction 
activities, which is $12,547,000 below the fiscal year 2004 
level and the same as the request. The request funds the 
renovation of United States Marshals Service-controlled space 
in Federal courthouses and court-occupied space in other 
Federal buildings and leased facilities.

                     FEES AND EXPENSES OF WITNESSES

    The recommendation provides $177,585,000 for Fees and 
Expenses of Witnesses, which is $21,440,000 above the enacted 
level and the same as the request. This appropriation, which is 
considered mandatory for scorekeeping purposes, provides for 
fees and expenses of witnesses who appear on behalf of the 
Government in cases in which the United States is a party, 
including fact and expert witnesses; mental competency 
examinations; and witness/informant protection. Funds are also 
used to pay certain legal expenses of Federal employees.
    The Committee recommends bill language which allows: (1) up 
to $1,000,000 for the purchase and maintenance of armored 
vehicles for prisoner transportation; (2) up to $7,000,000 for 
installation, operation, and upgrade of a secure automated 
network and secure telecommunications equipment; (3) up to 
$8,000,000 for protected witness safesites.

           SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

    The Committee recommends $9,833,000 for the Community 
Relations Service, which is $407,000 above the enacted level 
and the same as the request. The Community Relations Service 
was established by Title X of the Civil Rights Act of 1964 to 
provide assistance to communities in resolving disagreements 
arising from discriminatory practices.
    The Committee recommends bill language which allows the 
Attorney General to provide additional resources for the 
Community Relations Service, if emergent circumstances exist, 
through the transfer of funds from other Department of Justice 
programs, subject to the requirements of section 605 of this 
Act.

                         ASSETS FORFEITURE FUND

    The Committee recommends $21,759,000 for the Assets 
Forfeiture Fund, which is $229,000 above the enacted level and 
the same as the request.
    This account provides funds for additional investigative 
expenses of the FBI, DEA, ATF, and USMS, such as purchase of 
evidence, equipping of conveyances, and investigative expenses 
leading to seizure. Funds for these activities are provided 
from receipts in the Assets Forfeiture Fund resulting from the 
forfeiture of assets. Expenses related to the management and 
disposal of assets are also provided from receipts in the 
Assets Forfeiture Fund by a permanent indefinite appropriation.

       PAYMENT TO THE RADIATION EXPOSURE COMPENSATION TRUST FUND

    The recommendation includes $72,000,000, as requested, to 
pay all eligible claimants through fiscal year 2005. The 
Radiation Exposure Compensation Act (RECA) of 1990 provides 
monetary compensation to individuals who suffered disease or 
death as a result of exposure to radiation released during 
atmospheric nuclear weapons testing in the 1950s and 1960s, or 
underground uranium mining operations from the 1940s to the 
1970s. In July 2000, amendments to RECA were enacted that 
dramatically expanded the scope of the program. The National 
Defense Authorization Act for Fiscal Year 2002 created a 
mandatory account totaling $655,000,000 to fund these claims 
and established annual funding caps through fiscal year 2011. 
As cited in an April 2003 report from the General Accounting 
Office, $655,000,000 is not sufficient to pay all eligible 
claimants. The Civil Division estimates that for fiscal year 
2005 $72,000,000 in discretionary funding is required to 
supplement the fiscal year 2005 mandatory cap of $65,000,000.

                      Interagency Law Enforcement


                 INTERAGENCY CRIME AND DRUG ENFORCEMENT

    The recommendation provides $561,033,000 for this account, 
which is $10,423,000 above the enacted level and $19,599,000 
below the request. In addition to this amount, the budget 
request identifies $12,073,000 of unencumbered carryover 
balances.
    This program was created in 1982 to ensure a coordinated, 
multi-agency approach to attacking and dismantling high-level 
drug enterprises. Through its nine regional task forces, this 
program utilizes the combined resources and expertise of its 
Federal agency members, in cooperation with State and local 
investigators and prosecutors, to target and destroy major 
narcotics trafficking and money laundering organizations. 
Amounts provided reimburse Federal agencies for their costs to 
participate in these task forces.

                                             REIMBURSEMENT BY AGENCY
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                        POS             FTE           Amount
----------------------------------------------------------------------------------------------------------------
Law Enforcement:
    DEA.........................................................           1,304           1,303        $168,213
    FBI.........................................................             806             800         112,445
    ICE.........................................................             387             383          41,908
    USMS........................................................              41              27           6,431
    ATF.........................................................              54              54          11,228
    IRS.........................................................             494             487          68,918
    Coast Guard.................................................  ..............  ..............             607
Drug Intelligence:
    DEA.........................................................              80              65           9,661
    FBI.........................................................             205             194          23,414
    ICE.........................................................               8               4             456
Prosecution:
    U.S. Attorneys..............................................           1,022             933         108,271
    Criminal Division...........................................              18              22           2,941
    Tax Division................................................              10               8             975
Administrative Office...........................................              15              15           5,565
                                                                 -----------------------------------------------
      Total.....................................................           4,444           4,295         561,033
----------------------------------------------------------------------------------------------------------------

    The recommendation provides the following increases: 
$6,113,000 for adjustments to base, $4,812,000 for 57 
additional U.S. Attorney positions, including 36 attorneys, to 
provide additional prosecutorial resources; $4,320,000 for 14 
additional U.S. Marshals Service positions to enhance fugitive 
apprehension capabilities; and $6,344,000 and 60 positions for 
the Drug Intelligence Fusion Center.
    The Committee notes that the Administration chose not to 
comply with the direction provided in the fiscal year 2004 
Conference Report that participation of the Departments of 
Homeland Security and Treasury should not be funded by the 
Department of Justice. The participation of these entities 
should be budgeted by the respective Departments. Therefore, 
the recommendation does not fund the proposed program increases 
for the Internal Revenue Service (IRS) and reduces the current 
services level for both the IRS and Immigration and Customs 
Enforcement. Unencumbered carryover balances identified in the 
budget request may be utilized, through the regular 
reprogramming process under section 605 of this Act, to fund 
these costs if necessary.

                    Federal Bureau of Investigation

    The Committee recommends a total of $5,215,270,000 for the 
Federal Bureau of Investigation (FBI), which is $100,000,000 
above the request and $624,522,000 above the fiscal year 2004 
enacted level. The Committee notes that in fiscal year 2004 the 
FBI's operating level includes an additional $440,186,000 in 
carryover balances, mostly associated with the fiscal year 2003 
War Supplemental. Taking into account these carryover balances, 
the Committee's recommendation provides a $184,336,000 increase 
in available budget authority for fiscal year 2005. The 
Committee recommends funding in two separate accounts, Salaries 
and Expenses, and Construction, rather than Salaries and 
Expenses, and Foreign Terrorist Tracking Task Force as proposed 
by the Administration.
    In addition, the Title I general provisions include four 
provisions that incorporate H.R. 4564. These provisions provide 
the FBI with enhanced retention, recruitment, and retirement 
authorities in order to improve their ability to attract and 
retain necessary staff.

                         SALARIES AND EXPENSES

    The Committee recommends $5,205,028,000 for this account, 
which is $686,285,000 above the amount provided for fiscal year 
2004, excluding available carryover balances, and $146,107,000 
above the request. The recommendation provides $56,349,000 for 
the Foreign Terrorist Tracking Task Force under this heading 
instead of in a separate account as proposed in the budget 
request.
    FBI Transformation.--Prior to September 11th, the FBI's 
primary charge was solving crimes. Now, preventing crimes--
especially thwarting terrorists' activities--is the top 
priority. The Committee stands ready to help steer the FBI on a 
strong course to fulfill its mission into the new century and 
into a changing world marked by the increased threat to our 
security by acts of terrorism.
    Since September 11th, the Committee has supported the FBI's 
transformation, increasing the FBI's budget nearly 50 percent--
from $3.1 billion in fiscal year 2000 to $4.6 billion in fiscal 
year 2004. These funding increases have allowed the FBI to 
increase the number of Joint Terrorism Task Forces to 84; 
create the Office of Intelligence; participate in the Terrorist 
Threat Integration Center, the Foreign Terrorist Tracking Task 
Force, and the Terrorist Screening Center; hire thousands of 
new agents, analysts and support staff; create new training 
programs for the agents and analysts; and upgrade information 
technology capabilities.
    Along with increased funding, the Committee has continued 
vigorous oversight of the FBI's programs. In addition to the 
hearings the Committee holds each year on the FBI's budget 
request, the Committee has held three oversight hearings on the 
FBI's transformation since September 11th. The Committee has 
enlisted the assistance of the General Accounting Office, the 
National Academy of Public Administration, and the 
Congressional Research Service to review the FBI's operations.
    The Committee applauds the improvements the FBI has made to 
date. However, more institutionalized changes are needed for 
the FBI's intelligence program, a critical component of an 
effective terrorism prevention strategy. Toward that end, the 
Committee directs the FBI to create a new Directorate of 
Intelligence, led by the Executive Assistant Director for 
Intelligence. This new directorate shall have broad and clear 
authority over intelligence-related functions. The need for 
effective intelligence capabilities cuts across all FBI 
programs including counterterrorism, counterintelligence, 
criminal and cyber crime. This new directorate shall ensure 
that intelligence is shared across these programs, eliminate 
information stove-piping, and allow the FBI to quickly adapt as 
threats change. The new directorate will have responsibility 
for the operational elements including the Office of 
Intelligence, the FBI's Terrorist Threat Integration Center 
staff, the Foreign Terrorist Tracking Task Force, and the 
Terrorist Screening Center. It will also include programmatic 
elements representing analysts across the FBI and 
administrative components, such as training, recruitment, 
information technology, and security. This directorate shall 
also be responsible for enhancing the FBI's ability to recruit 
and retain the highest quality intelligence staff and improving 
the FBI's capability to share intelligence, not only within the 
Bureau and the Intelligence Community, but with State and local 
law enforcement. This directorate shall also ensure that 
intelligence related performance criteria are in place for 
agents and analysts, and develop a process for agents to 
receive a formal Intelligence Officer Certification. The FBI is 
directed to submit quarterly reports updating the Committee on 
the continued transformation.
    In order to align the FBI's budget with its organizational 
structure, the recommendation collapses the ten budget decision 
units used in previous years to four decision units. There will 
be a decision unit for each Executive Assistant Director (EAD) 
with the exception of the EAD for Administration. The costs 
associated with program administration will be spread to the 
four other decision units in order to capture the full costs of 
each program. This new decision unit structure will not only 
empower the new Directorate of Intelligence, but will enhance 
the ability of the EADs for Counterterrorism and 
Counterintelligence, Criminal, and Criminal Justice Services to 
manage their programs by unifying their budgets. The following 
distribution represents the Committee's funding recommendation. 
The Committee reminds the FBI that changes in this distribution 
are subject to the reprogramming requirements in section 605 of 
this Act.

                                            FBI SALARIES AND EXPENSES
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                          Decision Unit                                 POS             FTE           Amount
----------------------------------------------------------------------------------------------------------------
Intelligence....................................................           4,703           4,291        $795,033
Counterterrorism and Counterintelligence........................          10,562          10,275       1,981,798
Criminal........................................................          12,878          12,591       2,153,311
Criminal Justice Services.......................................           1,935           1,945         274,886
                                                                 -----------------------------------------------
      Total.....................................................          30,078          29,102       5,205,028
----------------------------------------------------------------------------------------------------------------

    The recommendation includes increases of $204,515,000 for 
adjustments to base to support the current operating level. The 
recommendation includes the following program increases as 
requested: $13,400,000 and 151 positions for the Office of 
Intelligence; $14,307,000 and 89 intelligence and 
counterterrorism positions for headquarters program support; 
$45,954,000 and 259 positions for counterterrorism field 
investigations; $12,838,000 and 86 positions for language 
services; $11,155,000 and 14 positions for legal attache 
offices in Beirut, Lebanon; Baghdad, Iraq; Dakar, Senegal; 
Kuwait City, Kuwait; and Cape Town, South Africa; $9,000,000 
for the chemical, biological and radiological forensic analysis 
counterterrorism program; $29,000,000 for the operational costs 
of the Terrorist Screening Center; $35,470,000 for the 
relocation of the Counterterrorism Division to the Hazel-
Peterson Building; $63,754,000 and 294 positions for the 
counterintelligence program; $58,257,000 and 188 positions for 
cyber investigations including $3,000,000 for Innocent Images; 
$46,508,000 and 65 positions for information and physical 
security improvements; $20,000,000 for technology investments 
including $12,000,000 for TS/SCI LAN field installations and 
$8,000,000 for enterprise architecture activities; $16,000,000 
and 12 positions to support the integration of IDENT/IAFIS; 
$1,785,000 and 10 positions to support the Criminal Division's 
Child Exploitation and Obscenity Section; $1,831,000 and 16 
positions for the Lost Innocence National Initiative to address 
the problem of children forced into prostitution; $1,213,000 
and 8 positions for corporate fraud cases; $1,170,000 for 
forensic costs associated with Indian Country and the National 
Backstopping Program; and $21,309,000 for renovations at the 
FBI Academy.
    In addition, the Committee recommends the following 
increases above the request: $15,000,000 for counterterrorism 
and counterintelligence travel and case-related costs; 
$5,000,000 for the National Security Support Capability 
program; $10,000,000 for information technology initiatives 
including Law Enforcement Online, TS/SCI LAN field 
installations, enterprise architecture, and program management; 
$5,500,000 and 53 positions for the Indian Country Unit to 
investigate crimes in Indian Country including crimes related 
to Indian gaming; $11,335,000 and 15 positions for Legal 
Attache offices in Addis Ababa, Ethiopia; Algiers, Algeria; 
Doha, Qatar; Tunis, Tunisia; Freetown, Sierra Leone; and 
Monrovia, Liberia; $10,000,000 and 78 positions to combat gang-
related crime; $10,000,000 for enhanced training programs; and 
$30,000,000 to fund additional recruitment and retention 
programs.
    Training.--The Committee directs the FBI to continue to 
expand its training opportunities and the capabilities of the 
College of Analytical Studies to ensure that agents and 
analysts are receiving the highest quality intelligence, 
counterterrorism and counterintelligence training available. 
These training programs should include: joint training sessions 
with other members of the Intelligence Community; opportunities 
for an academic sabbatical to pursue an advanced degree; 
sending staff to the Department of State's Foreign Service 
Institute; and creation of a fellows program to exchange staff 
with other Federal agencies and the private sector. In 
addition, the Committee expects the FBI to expand both its 
basic intelligence analyst course and its advanced intelligence 
training courses offered at the College of Analytical Studies. 
The FBI shall also consider offering intelligence classes to 
other Federal law enforcement agencies, where appropriate. For 
example, the Committee believes it would be beneficial for 
corrections intelligence staff in the Federal Prison System to 
receive specialized training to recognize and thwart the 
introduction of violent ideology and extremism in Federal 
prisons. The recommendation provides $10,000,000 above the 
request to implement these enhanced training programs. In 
determining its future staffing needs, the FBI shall take into 
account the staff time associated with training and development 
programs.
    Gangs.--The Committee is very concerned with the spread of 
violent gangs throughout the country. In order to address this 
problem, the Committee provides $1,754,000 for the 
establishment of a National Gang Intelligence Center that will 
integrate the assets of the FBI and other affected Federal 
agencies to serve as a ``clearinghouse'' and information 
management mechanism for gang intelligence on a national and 
international scope. In addition, the recommendation provides 
$8,246,000 for additional agents, analysts and support staff to 
address the most violent gangs throughout the country.
    Offsets.--The recommendation adopts all the offsets 
included in the request except the proposed $35,000,000 in fees 
to State and local law enforcement for forensic services. The 
Committee is disappointed that the Administration is proposing 
to provide funding increases for Federal law enforcement by 
increasing the financial burden on State and local law 
enforcement. The Committee expects the FBI to absorb this 
$35,000,000 offset or use carryover balances to restore these 
funds.
    Retention and Recruitment.--The Committee understands that 
the FBI is having difficulty retaining certain staff in 
critical senior management positions and other specialized 
positions. For example, since September 11th, the attrition 
rate for intelligence analysts has exceeded 10 percent. The 
Committee understands that other agencies in the Intelligence 
Community have more flexible pay and benefit authorities than 
the FBI and consequently are able to recruit talented staff 
from the FBI. The Committee further understands that many FBI 
employees living in high cost areas are experiencing financial 
hardships as they serve. The Committee is concerned that this 
financial hardship could eventually have a negative impact on 
FBI agent and staff performance. This is particularly troubling 
given that high cost areas are the most likely targets for a 
terrorist attack. In order to address these concerns, the 
Committee has included section 112 and section 114. These 
provisions are identical to those included in H.R. 4564.
    Section 112 provides the Director with the authority, after 
consultation with the Office of Personnel Management (OPM), to 
provide retention and relocation bonuses to employees with high 
or unique qualifications who, in the absence of a bonus, would 
likely leave the FBI. The provision also allows for retention 
and relocation bonuses for individuals transferred to a 
different geographic area with a higher cost of living. A bonus 
may total up to 50 percent of an employee's basic rate of pay.
    Section 114 authorizes the FBI, in conjunction with the 
Office of Management and Budget and OPM, to pay critical 
intelligence positions up to an Executive Schedule I salary 
provided that the position is determined to be (1) a high level 
position in a scientific, technical, professional, or 
administrative field, and (2) critical to the FBI's mission.
    These provisions are included to allow the FBI to begin 
addressing immediate personnel capabilities to thwart 
terrorism. These provisions are intended to be interim 
authorities for the FBI until comprehensive Federal law 
enforcement reform is enacted. These provisions will also 
improve the FBI's ability to compete with other Intelligence 
Community agencies for high quality employees. The Committee 
provides $30,000,000 above the request to implement these new 
retention and recruitment authorities.
    Within the level of funding provided, the Committee also 
expects the FBI to expand the number of employees participating 
in the FBI's student loans repayment program.
    Mandatory Separation.--The bill includes section 111, also 
part of H.R. 4564, empowering the Director to, on a case-by-
case basis, delay the mandatory retirement age of 57 for FBI 
agents until the agent reaches 65 years of age. Currently, the 
Director is authorized to delay mandatory retirement until an 
agent reaches 60 years of age. This provision does not require 
agents to work past the age of 57, but gives the Director the 
authority to extend agents until the age of 65 in certain 
circumstances. This provision provides the FBI with additional 
discretion and flexibility to retain senior managers and 
employees with critical technical skills beyond age 60 where it 
is clear that the individual being retained can meet all 
requirements, including physical requirements, of the specific 
job being filled.
    Reserve Service.--The bill includes section 113, also 
included in H.R. 4564, which authorizes the Director to provide 
for the establishment and training of a FBI Reserve Service 
that would facilitate streamlined, temporary re-hiring from a 
pre-certified cadre of retired FBI employees who possess the 
specialized skills required to deal with the demands of crises 
or other special situations. The provision will allow the FBI 
to quickly access experienced former employees in the event of 
an emergency, without adversely impacting reserve service 
members' retirement pay.
    N-DEx.--The Committee understands that the FBI is currently 
developing an information sharing system called the Law 
Enforcement National Data Exchange (N-DEx). Once implemented, 
the N-DEx will deliver enhanced analysis of criminal justice 
data, improving law enforcement's ability to detect, 
investigate, link, predict, prevent, and solve crimes and 
report statistics. The Committee believes that N-DEx should be 
capable of reporting on the incidence of animal cruelty crimes. 
Further, the Committee directs the FBI, in coordination with 
the Criminal Justice Information Services Division's Advisory 
Policy Board (APB), to provide a report to the Committee on the 
advantages and disadvantages of adding animal cruelty crimes as 
a crime category in the Uniform Crime Report. The report shall 
discuss adding animal cruelty crimes as a category only for 
State and local agencies that are implementing the National 
Incident-Based Reporting System (NIBRS) in the future. The 
report shall also make recommendations concerning whether 
animal cruelty crimes should be considered as a crime against 
society as opposed to a crime against property. The Committee 
directs this report to be submitted within 180 days of 
enactment of this Act.
    Oil for Food.--The Committee directs the FBI to provide 
assistance in the United Nations investigation of the ``Oil for 
Food'' program, if requested by the recently established 
Independent Inquiry Committee chaired by Paul Volcker. The 
Committee strongly supports this investigation and encourages 
the FBI to make resources available, as appropriate, to ensure 
its successful conclusion.
    OPR.--The Committee understands that the comprehensive 
study on the FBI's Office of Professional Responsibility (OPR), 
released in February 2004, concluded that the OPR has lost 
touch with its mission and is perceived as a source of 
unfairness and favoritism that adversely impacts morale within 
the FBI. The Committee directs the FBI to submit a report 
within 90 days of enactment of this Act describing the FBI's 
plans to implement the recommendations included in the report.
    The Committee includes bill language which provides: (1) 
for purchase of new and replacement vehicles; (2) up to $70,000 
for unforeseen emergencies; (3) not to exceed $150,000,000 to 
remain available until expended; (4) funding designation for 
counterterrorism investigations, foreign counterintelligence, 
and national security activities; (5) $56,349,000 for the 
Foreign Terrorist Tracking Task Force; (6) up to $20,000,000 to 
reimburse State and local police for assistance related to 
violent crime, terrorism and drug investigations; (7) up to 
$200,000 for official reception and representation expenses; 
and (8) a specific number of positions and workyears for the 
FBI.

                              CONSTRUCTION

    The Committee recommendation includes $10,242,000 for FBI 
construction, which is $814,000 below the current year. The 
budget request proposed merging the construction account with 
the salaries and expenses account. The recommendation includes 
$1,242,000 of recurring construction needs and provides 
$9,000,000 for a records management center.
    The Committee understands that consolidation of records and 
collocation of records management personnel would achieve 
business process efficiencies and personnel savings. It would 
make more space available in the FBI headquarters building, 
allowing the FBI to reduce leased space in the Washington D.C. 
metropolitan area, and would free up needed space in the field 
as the number of FBI staff continues to increase. The Committee 
understands that the FBI hired an outside consultant to study 
potential locations for a records management center using the 
following criteria: (1) at least 60 miles outside of 
Washington, D.C., for continuity of operations; (2) away from 
obvious terrorist targets; (3) within 250 miles of Washington, 
D.C.; (4) having access to transportation, utilities, and 
communications networks, and (5) availability of an educated 
workforce. The Committee understands the FBI chose Frederick 
County, VA, as the most ideal location to establish this 
center. The Committee further understands that the FBI intends 
to lease an interim facility in Frederick County while the 
design and construction of a permanent facility is underway. 
The recommendation includes $9,000,000 for the costs of a 
lease, equipment and relocation associated with opening an 
interim records management center in Frederick County in fiscal 
year 2005. For the purpose of creating business efficiencies, 
the Committee recommends that the FBI consider co-locating the 
backup center for the Criminal Justice Information Services in 
Frederick County.

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES

    The Committee recommends total budget authority of 
$1,815,719,000 for the Drug Enforcement Administration (DEA), 
of which $154,216,000 is derived from fees deposited in the 
Diversion Control Fund, resulting in a direct appropriation of 
$1,661,503,000. The recommended total budget authority is 
$112,681,000 above the enacted level and the same as the 
request.
    The recommendation provides the following increases: 
$53,146,000 for inflationary and other costs to maintain the 
current operating level; $25,441,000 and 256 positions 
(including 100 special agents) for priority targeting; 
$3,000,000 for the Special Operations Division; $4,047,000 and 
3 positions for investigative technology support; $1,173,000 
and 9 positions for computer forensics support; $1,000,000 for 
aviation support; $8,530,000 and 10 positions for the Concorde 
project and web infrastructure; and $2,610,000 and 4 positions 
for the El Paso Intelligence Center.
    Number of Drug Agents.--Since the September 11, 2001 
attacks, the Federal Bureau of Investigation (FBI) has diverted 
agents from working on drug cases to working on 
counterterrorism and counterintelligence activities. In order 
to address this change in FBI priorities without negatively 
impacting Federal law enforcement's ability to combat drug 
crimes, the Committee has provided increased funding to the DEA 
to compensate for this change. With the additional 100 DEA 
agents funded in fiscal year 2005, the total combined number of 
DEA and FBI agents working on drug cases will exceed the pre-
September 11th level by 208.
    Ecstasy Interdiction.--The Committee notes the progress 
made by DEA and the Department of State against Club Drugs 
under the ``Roadmap'' initiative with the Belgian and Dutch 
governments. The Committee directs the Department of State and 
DEA to submit a report to the Committee no later than December 
31, 2004, detailing steps to be taken in the second roadmap. 
The second roadmap should emphasize sufficient U.S. presence in 
the Netherlands, more effective work against the export of 
precursor chemicals, and a review of terrorist links to club 
drug trafficking organizations.
    DEA's Role in the Intelligence Community.--The Committee is 
aware of the direct relationship between the funding of 
international terrorism and narcotics trafficking. The 
committee applauds the work of DEA personnel around the world 
and encourages them to continue sharing critical intelligence 
related to terrorism with other U.S. government agencies.
    Offsets.--The recommendation assumes the implementation of 
all of the Administration's proposed offsets except the 
proposal to charge the District of Columbia Metropolitan Police 
Department fees for forensic evidence analysis services. The 
recommendation reduces funding for requested program increases 
in order to offset this proposal. The Committee is disappointed 
that the Administration's proposal to offset funding increases 
is to increase the funding burden on State and local law 
enforcement.
    The request also proposes the transfer of the Drug and 
Chemical Diversion Control Unit from the Salaries and Expenses 
account to the Diversion Control Fee Account. The Committee 
supports this proposal. However, the Committee understands the 
change in fees required to implement this transfer are not 
likely to be in place in the timeframe proposed in the budget 
request. The Committee directs the DEA to implement the 
necessary fee changes as quickly as possible. If the fee 
changes are not implemented in time to effect this transfer as 
proposed, DEA shall delay the implementation of the proposed 
program increases until such time as the DEA can fund the Drug 
and Chemical Diversion Control Unit through fees.
    The Committee directs the DEA to collapse its existing 
decision unit structure to include the following decision 
units: International Enforcement, Domestic Enforcement, State & 
Local Assistance, and Intelligence.
    DEA is directed to continue to provide quarterly updates on 
Operation Containment activities in Afghanistan. The Committee 
expects the Department to ensure full interagency participation 
in this effort to stem the flow of illegal drugs from 
Afghanistan.
    Diversion Control Fee Account.--The recommendation includes 
$154,216,000 for this account, which is $35,655,000 above the 
fiscal year 2004 level and the same as the request. As 
described above, the Committee directs DEA to implement 
necessary fee changes as quickly as possible. The 
recommendation includes a program increase of $2,935,000 for 
the Internet Online Investigations Project. In addition, the 
recommendation includes 10 additional diversion control staff.
    During 2002, 6.2 million Americans abused prescription 
drugs. Despite the extent of this abuse, the Administration has 
demonstrated a lack of effort to address this problem. In 
March, the Administration announced that the White House's 
National Drug Control Strategy would focus on prescription drug 
safety. However, the President's budget proposes to eliminate 
funding for the Office of Justice Programs' Prescription Drug 
Monitoring Program. Moreover, the Food and Drug Administration 
(FDA) recently approved oxycodone to be sold generically. The 
Committee expects DEA to work with other entities of the 
Executive Branch, such as the FDA and the Office of National 
Drug Control Policy, to ensure a coordinated government-wide 
approach to address prescription drug diversion. The 
Committee's recommendation for the Office of Justice Programs 
includes $10,000,000 for the prescription drug monitoring 
program. The Department of Justice is directed to submit 
quarterly reports describing its efforts to address 
prescription drug diversion.
    The Committee is especially concerned that there are 
currently multiple controlled release narcotic analgesics 
pending FDA approval. The Committee is concerned that these 
drugs, while more powerful than OxyContin, will be approved 
with similar risk management and labeling plans as OxyContin. 
The Committee expects the DEA to work cooperatively with other 
Federal agencies to ensure that drugs with a high risk of abuse 
are marketed appropriately. With 6.2 million Americans abusing 
prescription drugs, the Federal government must ensure that new 
high-risk drugs are not made easily available to potential drug 
dealers and abusers.
    The Committee recommends bill language which provides: (1) 
up to $70,000 for unforeseen emergencies; (2) for the purchase 
of 1,461 passenger motor vehicles; (3) up to $75,000,000 to 
remain available until expended; and (4) up to $100,000 for 
official reception and representation expenses. In addition, 
language is continued which specifies the number of positions 
and workyears provided to DEA.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

    The recommendation includes $870,357,000 for the Bureau of 
Alcohol, Tobacco, Firearms and Explosives (ATF), which is 
$43,068,000 above the enacted level and the same as the 
request. The recommendation does not include the proposed 
rescission of $1,500,000.
    The Committee is concerned that the fiscal year 2005 budget 
request does not adequately reflect ATF's base requirements. 
The Committee understands that ATF has implemented a hiring 
freeze for fiscal year 2004 to operate within its existing 
staffing resources, and that the budget request underestimates 
ATF's fiscal year 2004 space rental requirements. However, the 
fiscal year 2005 budget request proposes $9,495,000 in 
unspecified program efficiencies. The Committee is concerned 
that the ATF will not be able to achieve these efficiencies. 
Therefore, while the Committee's recommendation fully funds the 
ATF's request, the Committee does not believe this level of 
funding will be sufficient to implement all of the requested 
program increases. Within the level of funding provided, the 
Committee expects ATF to implement the following program 
increases: $5,413,000 and 62 positions for explosives 
investigations and regulatory compliance; $5,000,000 and 24 
special agents to focus on gang-related investigations; and 
$1,000,000 for the National Tracing Center Division. The 
Committee understands that the number of trace requests, 
particularly international trace requests, is growing 
dramatically.
    The Committee expects ATF to use the $1,500,000 of prior 
year unobligated balances proposed to be rescinded to fund 
necessary base costs. The Committee directs the Department of 
Justice to submit a report, not later than 45 days after 
enactment of this Act, describing ATF's base funding 
requirements since its transition from the Department of 
Treasury. The Committee expects the Department of Justice to 
submit a reprogramming request during fiscal year 2005 to cover 
ATF base requirements, if necessary.
    The Committee recommends bill language, included in fiscal 
year 2004 and in the budget request, that: (1) prohibits 
funding for consolidating or centralizing certain records; (2) 
prohibits funding to amend the definition of ``Curios or 
relics''; (3) prohibits funding for investigating or acting 
upon applications for relief from Federal firearms disabilities 
under 18 U.S.C. 925(c); (4) makes funding available to 
investigate and act upon applications filed by corporations for 
relief from Federal firearms disabilities under section 18 
U.S.C. 925(c); (5) prohibits funding to transfer the functions, 
missions or activities of the ATF to other agencies or 
Departments; (6) prohibits funds to promulgate or implement any 
rule requiring a physical inventory of any business licensed 
under 18 U.S.C. 923; and (7) prohibits funding to be used to 
electronically retrieve information gathered pursuant to 18 
U.S.C. 923(g)(4) by name or any personal identification code.
    In the last two fiscal years the Committee has expressed 
serious concern that, contrary to provisions of the Gun Control 
Act, as amended, and Congress' intent, certain sensitive law 
enforcement information contained in databases maintained by 
the ATF have been subject to release under the Freedom of 
Information Act and through court action to the public, 
including civil litigants, firearm manufacturers and 
distributors, public interest groups and governmental entities, 
for use other than in bona fide criminal investigations and 
prosecutions. The Committee concern is not related to budgetary 
considerations. The intent has been to enforce existing Federal 
law limiting disclosure of this sensitive law enforcement 
information solely to law enforcement, and, to the extent 
current Federal law does not already so restrict disclosure to 
so provide now.
    It is of great concern that releases have occurred, and if 
repeated, may result in wide-spread disclosure of this 
information to the public at large. This holds the potential of 
endangering law enforcement officers and witnesses, 
jeopardizing on-going criminal investigations and homeland 
security. The need to maintain these sensitive law enforcement 
databases on a restricted, confidential basis in accordance 
with the law and ATF disclosure practices in place for years 
derives from the sensitive and long-term nature of criminal 
investigations. In addition, such information, once released, 
might easily be disseminated through the Internet. This would 
endanger law enforcement and homeland security, and violate the 
privacy of innocent citizens and businesses.
    The Committee is concerned by recent actions in Federal 
courts in which litigants have tried to nullify the effect of 
the language that was enacted to ensure the confidentiality of 
this information. The Committee therefore includes language to 
make clear that ATF shall not make these law enforcement 
records available to anyone other than to law enforcement 
agencies for a bona fide criminal investigation. The language 
makes clear that applicable law enforcement proceedings (such 
as license revocations) authorized by the Gun Control Act 
(chapter 44 of title 18, United States Code).
    At the same time, the Committee is concerned that the 
previous language has been interpreted to prevent publication 
of a long-running series of statistical reports on products 
regulated by ATF. This was never the intention of the 
Committee, and the new language should also make clear that 
those reports may continue to be published in their usual form 
as they pose none of the concerns associated with law 
enforcement sensitive information.
    The recommendation includes a new provision that prohibits 
funding to deny an application for a license under 18 U.S.C. 
923 or renewal of such a license due to a lack of business 
activity, provided that the applicant is otherwise eligible to 
receive such a license and is eligible to report business 
income or to claim an income tax deduction for business 
expenses under the Internal Revenue Code of 1986.

                         Federal Prison System


                         SALARIES AND EXPENSES

    The Committee recommends a fiscal year 2005 appropriation 
of $4,567,232,000 for the salaries and expenses of the Federal 
Prison System, which is $139,000,000 below the request and 
$152,919,000 above the fiscal year 2004 level. The 
recommendation does not include funding for construction under 
this account as requested, but instead maintains a separate 
Buildings and Facilities account as in previous fiscal years.
    The Committee believes that the total request for the 
Federal Prison System, predicated on large cost-saving 
efficiencies and prison activation delays that may not be 
realized, is inadequate to support requirements. The Committee 
is concerned about the safety and morale of the staff working 
in the prisons and also about the potential repercussions of 
such substantial cost saving measures on conditions in Federal 
prisons. The Committee encourages the Administration to look 
seriously at the needs of the Federal Prison System when it 
develops its budget requests. For the reasons noted above, the 
Committee's recommendation includes additional resources above 
the total amount requested for the Salaries and Expenses and 
Buildings and Facilities accounts.
    Activation of Prisons.--The Committee's recommendation 
includes a total of $23,509,000 to activate the new Coleman, 
Florida, facility, which will include 960 new inmate beds. The 
recommendation provides a sufficient amount for the 
annualization costs associated with the activation of nine new 
prisons funded in the fiscal year 2004 appropriation. The 
Committee recommendation recognizes the critical importance of 
providing adequate space for the incarceration of sentenced and 
unsentenced Federal prisoners, and the need to activate newly 
constructed prison facilities.
    Contract Confinement.--The recommendation also includes an 
increase of $9,400,000 for contracts to accommodate the 
increasing prison population. The Bureau of Prisons (BOP) is 
directed to meet bedspace needs using State, local and private 
prison capacity, if these facilities meet BOP's standards.
    Transitional Drug Treatment Programs.--The Committee is 
aware that more than 50 percent of the Federal prison 
population is incarcerated because of illegal drug activity. 
The recommendation includes an increase of $3,000,000 above the 
request to support BOP's transitional drug treatment program. 
In accordance with the direction in the fiscal year 2004 
conference report, the Committee expects a report on this 
program to be delivered as soon as possible.
    Reimbursable Agreement.--The Committee understands that the 
Justice Department is pursuing the possibility of a 
reimbursable agreement with the Department of Homeland Security 
to reimburse BOP for the costs of criminal alien inmates 
incarcerated in the Federal Prison System. The Committee 
encourages this action, which would be consistent with 
reimbursements that are made by States for their inmates who 
are housed in BOP facilities, and may have a salutary effect on 
continuing efforts to expedite the return of deported aliens to 
countries that have denied or unreasonably delayed such returns 
in the past.
    The Committee recommends bill language, similar to that 
included in previous Appropriations Acts, which provides: (1) 
for the purchase of motor vehicles; (2) for the provision of 
technical advice to foreign governments; (3) for transfer of 
funds to the Health Resources and Services Administration; (4) 
for the Director to enter into contracts to furnish health 
care; (5) up to $6,000 for reception and representation 
expenses; (6) up to $20,000,000 for contract confinement 
expenses for the care and security of Cuban and Haitian 
entrants; and (7) for the Federal Prison System to accept 
donated property and services. The recommendation also includes 
a requested change in the number of new and replacement 
automobile purchases and includes language, as requested, 
designating an amount to remain available for two fiscal years.

                        BUILDINGS AND FACILITIES

    The Committee recommends $189,000,000 for fiscal year 2005 
for the construction, modernization, maintenance and repair of 
prison and detention facilities housing Federal prisoners. The 
Committee recommends maintaining a separate account for 
construction activities instead of combining accounts as 
requested. This amount is $189,000,000 above the request and 
$204,515,000 below the fiscal year 2004 appropriation. The 
amount provided is the same as the requested amount for 
construction activities that was originally requested under the 
``Salaries and Expenses'' account.
    The Committee recommends bill language, similar to that 
included in previous Appropriations Acts, which allows: (1) for 
planning, acquisition of sites, and construction of facilities; 
(2) for acquisition, remodeling, and equipping facilities by 
contract or force account; (4) up to $14,000,000 to construct 
inmate work areas; (5) for use of prisoner labor; and (6) up to 
10 percent of this appropriation to be transferred to the 
salaries and expenses account upon notification under section 
605 of this Act.

                FEDERAL PRISON INDUSTRIES, INCORPORATED

                (LIMITATION ON ADMINISTRATIVE EXPENSES)

    The Committee recommends a limitation on administrative 
expenses of $3,429,000 for Federal Prison Industries, 
Incorporated (FPI), for fiscal year 2005, which is $36,000 
above the amount designated for fiscal year 2004 and the same 
as the request. The Committee believes that those who are 
paying their debts to society should be provided opportunities 
to prepare themselves to re-enter their communities as 
functioning citizens. The Committee expects the Administration 
to continue to offer meaningful work opportunities to inmates 
while respecting the interests of small and medium-sized 
businesses. The FPI program provides Federal prison work 
opportunities that could not otherwise be achieved within the 
prevailing budget constraints.

                       Office of Justice Programs

    According to the FBI's recent Uniform Crime Report, in 2003 
violent crime rates declined by 3.2 percent. However, during 
that same period the murder rate increased by 1.3 percent. At 
the same time that the murder rate is increasing, Federal law 
enforcement is continuing to divert resources away from 
traditional crime fighting to strengthen its counterterrorism 
capabilities, leaving a void that only State and local law 
enforcement are positioned to fill. In this context, the 
Committee finds the Administration's budget request, which 
proposes a $988,565,000, or 32 percent, reduction in funding 
for State and local law enforcement assistance to be ill-
conceived and profoundly inadequate. In order to address State 
and local law enforcement requirements, the Committee 
recommends a total of $3,011,923,000 in new budget authority 
for crime fighting grant programs for fiscal year 2005, which 
is $885,581,000 above the Administration's request. Of the 
amount provided, $2,948,869,000 is derived from general purpose 
discretionary funds and $63,054,000 is scored as mandatory 
spending.
    Once again, the budget request proposes merging all 
programs administered by the Office of Justice Programs (OJP) 
under the Justice Assistance heading. The Committee 
recommendation retains the account structure used in previous 
fiscal years and funds State and local law enforcement programs 
under seven appropriation accounts.
    The Committee expects the Department of Justice to 
coordinate its programs and grant application processes with 
other Federal agencies to ensure that grantees have knowledge 
of, and access to, the resources provided to State and local 
agencies throughout the Federal government. The Committee looks 
forward to receiving the report required by the fiscal year 
2004 Conference Report on this topic. In addition, the 
Committee expects the spending plan regarding training for 
local law enforcement officials on the penalties prescribed in 
Federal law for trafficking in persons to be submitted as soon 
as possible.
    Victim Notification Systems.--The Committee recognizes that 
automated victim notification provides victims of domestic 
violence and other violent crimes access to information 
concerning the custody status of offenders, free of charge, 24 
hours a day. Victims can call a toll-free number to check on 
the custody status of an offender and can register by phone to 
be notified automatically when an offender is released or 
transferred, or escapes. The Crime Victims Fund provides 
$5,000,000 for the Executive Office of the United States 
Attorneys to operate a Victim Notification System for crimes 
being prosecuted by the Federal government. The Committee 
supports these notification systems and encourages States to 
allocate funding from their Crime Victims Fund grants or their 
Violence Against Women Prevention and Prosecution Programs 
grants to develop, implement and operate State-wide victim 
notification systems.

                           JUSTICE ASSISTANCE

    The Committee recommends $217,000,000 for the Justice 
Assistance account, which is $28,876,000 above the enacted 
level. The Justice Assistance program includes assistance to 
States and localities in the form of research, evaluation, 
statistics, the white collar crime program, information sharing 
and missing children assistance, and also includes the 
management and administration of all grants provided through 
OJP. The budget proposed merging all OJP programs under this 
heading. The recommendation provides funding under this heading 
only for those programs previously funded in this account. The 
table below compares the fiscal year 2005 recommendation to the 
fiscal year 2005 request for those programs recommended under 
this account heading.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                     FY 2005
                           Program                             FY 2004 enacted  FY 2005 request   recommendation
----------------------------------------------------------------------------------------------------------------
National Institute of Justice................................          $47,495          $63,559          $55,000
Bureau of Justice Statistics.................................           31,787           38,717           34,000
National White Collar Crime..................................            8,905            4,500            9,000
Regional Inf. Sharing Sys....................................           29,684           43,960           40,000
Management and Admin.........................................           34,632          118,730           38,000
Missing Children Program.....................................           35,621           35,368           41,000
                                                              --------------------------------------------------
      Total..................................................          188,124  ...............          217,000
----------------------------------------------------------------------------------------------------------------

    National Institute of Justice.--The Committee 
recommendation provides $55,000,000 for the National Institute 
of Justice (NIJ). In addition, NIJ will receive funding under 
the Edward Byrne Memorial Justice Assistance Grants program, 
the Edward Byrne Discretionary Grants program, the Violence 
Against Women Prevention and Prosecution program, and the DNA 
Initiative.
    NIJ is the nation's primary source of research and 
development in the field of criminal justice. NIJ fosters 
innovation in law enforcement technologies and practices, 
investigative causes and patterns of crime, and informs the 
public of research and development findings. The Committee 
encourages NIJ to work with Federal law enforcement agencies in 
the development of law enforcement technologies to ensure 
coordination of research and development efforts.
    The Committee supports the budget request to conduct 
research on trafficking in persons. The recommendation 
continues the current year level of funding for the Office of 
Law Enforcement Technology Commercialization, Inc. and for the 
Center for Rural Law Enforcement Technology and Training. The 
Committee recognizes and supports the important work of the 
Border Research Technology Center.
    Bureau of Justice Statistics.--The Committee recommendation 
provides $34,000,000 for the Bureau of Justice Statistics 
(BJS), which is $2,213,000 above the current year appropriation 
and $4,717,000 below the request. The Bureau of Justice 
Statistics is responsible for the collection, analysis, and 
publication of statistical information on crime, criminal 
offenders, victims of crime, and the operations of the Nation's 
justice system. In addition to this funding, BJS receives 
funding under the Edward Byrne Memorial Justice Assistance 
Grants program, the Violence Against Women Prevention and 
Prosecution program, and the Prison Rape Prevention and 
Prosecution program for efforts associated with those programs.
    Missing Children.--The Committee recommendation provides 
$41,000,000 for the Missing Children Program for fiscal year 
2005, which is $5,379,000 above the enacted level and 
$5,632,000 above the request. This program provides funds to 
combat crimes against children, particularly kidnapping and 
sexual exploitation. The following table displays the 
Committee's funding recommendation:

                                            MISSING CHILDREN PROGRAM
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                     FY 2005
                           Program                             FY 2004 enacted  FY 2005 request   recommendation
----------------------------------------------------------------------------------------------------------------
National Center for Missing and Exploited Children...........          $14,842          $12,419          $17,000
Jimmy Ryce Law Enforcement Training Center...................            2,968            1,049            3,000
Internet Crimes Against Children Task Force..................           12,368           14,500           14,500
Missing and Exploited Children Office........................            1,484            2,400            1,500
AMBER Alert Program..........................................            3,959            5,000            5,000
                                                              --------------------------------------------------
      Total..................................................           35,621           35,368           41,000
----------------------------------------------------------------------------------------------------------------

    Regional Information Sharing System.--The Committee 
recommendation provides $40,000,000 for fiscal year 2005 for 
the Regional Information Sharing System (RISS), which is 
$10,316,000 above the enacted level and $3,960,000 below the 
request.
    The RISS program maintains six regionally-based information 
sharing centers throughout the United States, which are 
connected electronically to form a nationwide network for the 
automated exchange of crime and terrorism information between 
Federal, State, and local agencies. The Committee is pleased 
with the Administration's efforts to integrate RISS with the 
Law Enforcement On-Line (LEO) program and other information 
sharing programs. The Committee directs the Department to 
ensure that other inter-state information sharing systems 
funded by OJP and COPS utilize existing communications 
infrastructure and are compatible with RISS and LEO.
    White Collar Crime Center.--The Committee recommends 
$9,000,000 for the National White Collar Crime Center, which is 
$95,000 above the enacted level and $4,500,000 above the 
request. This program provides training, technical assistance, 
and investigative support to State and local law enforcement to 
combat white-collar and economic crimes such as fraud and 
identify theft.
    Management and Administration.--The Committee 
recommendation provides $38,000,000 in direct appropriations 
for the management and administration of OJP programs, which is 
$3,368,000 above the enacted level. In addition, consistent 
with prior practice, reimbursable funding for management and 
administration costs will be made available from programs 
administered by OJP from the ``Community Oriented Policing 
Services'' account. Further, the Committee notes that remaining 
management and administration funding will be made available 
from the ``Juvenile Justice Programs'' and the ``State and 
Local Law Enforcement Assistance'' accounts, and that these 
funds will be transferred to and merged with the ``Justice 
Assistance'' account. The recommendation assumes a total 
management and administration budget of $118,730,000, which is 
equal to the request.

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

    The Committee recommends a total of $1,255,037,000 for 
State and Local Law Enforcement Assistance programs. This 
amount is $1,255,037,000 above the request and $80,934,000 
below the enacted level. The Committee does not adopt the 
Administration's proposal to consolidate this appropriation 
under the Justice Assistance heading.
    The table below displays funding for programs recommended 
under this heading compared to the level of funds requested 
under the Justice Assistance account for the same activities.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                      2005
                                                              2004 enacted      2005 request     recommendation
----------------------------------------------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grant...................  ................         $508,937          $634,000
    (Boys and Girls Club).................................  ................          (60,000)          (80,000)
    (USA Freedom Corps)...................................  ................  ................           (5,000)
    (National Institute of Justice).......................  ................          (19,956)          (15,000)
    (Tribal Courts).......................................  ................           (5,921)  ................
Edward Byrne Memorial State Formula Program...............         $494,739   ................  ................
Local Law Enforcement Block Grant.........................          222,633   ................  ................
    (Boys and Girls Club).................................          (79,158)  ................  ................
    (USA Freedom Corps)...................................           (2,968)  ................  ................
    (National Institute of Justice).......................           (9,895)  ................  ................
State Criminal Alien Assistance...........................          296,843   ................          325,000
Cooperative Agreement Program.............................            1,979   ................  ................
Indian Assistance.........................................           14,842             4,240            15,000
    (Tribal Prison Construction Program)..................           (1,979)  ................           (2,000)
    (Indian Tribal Courts Program)........................           (7,916)  ................           (8,000)
    (Alcohol and Substance Abuse).........................           (4,947)           (4,240)           (5,000)
Byrne Discretionary Grants................................          157,443   ................          110,000
USA Freedom Corps.........................................  ................           15,381   ................
Victims of Trafficking Grants.............................            9,894   ................           10,000
State Prison Drug Treatment...............................  ................           74,669            35,000
Drug Courts...............................................           38,095            67,463            50,000
Prescription Drug Monitoring..............................            6,926   ................           10,000
Prison Rape Prevention and Prosecution....................           36,784             7,654            52,175
Other Crime Control Programs:
    Intell. State and Local Training......................  ................           10,654            10,000
    Hate Crimes Training..................................              989             1,000             1,000
    Missing Alzheimer's Patients..........................              883   ................              883
    Senior Citizens vs. Marketing Scams...................            1,979   ................            1,979
Miscellaneous.............................................           51,942   ................  ................
Rescission................................................  ................          (53,471)  ................
                                                           -----------------------------------------------------
      Total, State and Local Assistance...................        1,335,971   ................        1,255,037
----------------------------------------------------------------------------------------------------------------

    Edward Byrne Memorial Justice Assistance Grants program.--
The Committee recommendation includes $634,000,000 for the 
Edward Byrne Memorial Justice Assistance Grants program, as 
authorized by H.R. 3036, the Department of Justice 
Appropriations Authorization Act, Fiscal Years 2004 through 
2006, as passed by the House on March 30, 2004. The 
recommendation is $125,063,000 above the budget request.
    This program is intended to consolidate the Local Law 
Enforcement Block Grant program and the Byrne Formula program. 
Funding under this program is authorized for (a) law 
enforcement programs; (b) prosecution and court programs; (c) 
prevention and education programs; (d) corrections and 
community corrections programs; (e) drug treatment programs; 
and (f) planning, evaluation, and technology improvement 
programs. Funding is not available for (a) vehicles, vessels, 
or aircraft; (b) luxury items; (c) real estate; or (d) 
construction projects.
    The formula used for distributing funds under this program 
allocates 50 percent of funding based on population, and 50 
percent based on violent crime rates. The formula allocates 60 
percent of funding to States and 40 percent to units of local 
government.
    Of the amount provided, $80,000,000 is for Boys and Girls 
Clubs; $15,000,000 is for NIJ to assist local units of 
government to identify, select, develop, modernize, and 
purchase new technologies for use by law enforcement, including 
$1,000,000 for the Bureau of Justice Statistics; and $5,000,000 
is for the USA Freedom Corps initiative for the expansion of 
Neighborhood Watch programs and the Volunteers in Policing 
program.
    State Criminal Alien Assistance Program.--The 
recommendation provides $325,000,000 for the State Criminal 
Alien Assistance Program (SCAAP) for reimbursement to States 
for the costs of incarceration of criminal aliens, which was 
again proposed for elimination in the budget request. The 
recommendation provides a $28,157,000 increase above the fiscal 
year 2004 level.
    Edward Byrne Discretionary Grant Program.--The Committee 
recommendation provides $110,000,000 for discretionary grants 
to help to improve the functioning of the criminal justice 
system with an emphasis on drugs, violent crime and serious 
offenders.
    Within the amounts appropriated for discretionary grants, 
the Committee expects OJP to examine each of the following 
proposals, to provide grants if warranted, and to submit a 
report to the Committee on its intentions for each proposal:
           Indigenous Peoples Law & Policy Project at 
        the University of Arizona;
           National Citizens Crime Prevention Campaign;
           Drug Abuse Resistance Education (DARE) 
        program;
           Search Group, Inc. and the National 
        Technical Assistance Program;
           Operation UNITE for a drug enforcement, 
        treatment and education program;
           New Orleans, LA, Police Department for crime 
        fighting initiatives;
           Orleans Parish, LA, District Attorney's 
        Office for crime fighting initiatives;
           Paul and Lisa Foundation;
           Northern Virginia multi-jurisdictional anti-
        gang task force;
           Northwest Virginia Regional Drug Task Force;
           Mothers Against Drunk Driving including the 
        continuation of Spanish language public service 
        announcements;
           Gospel Rescue Ministries;
           National Institute of Justice and Bureau of 
        Justice Statistics to conduct a study of conditions of 
        confinement in Indian country correctional facilities 
        and the factors that exacerbate those conditions;
           Obscenity Crimes Project to provide citizens 
        with an online tool to report Internet obscenity 
        crimes;
           The Women's Center in Vienna, VA;
           Pacific Institute for Research and 
        Evaluation, International Institute for Alcohol 
        Awareness for a training and technical assistance 
        program for State and local law enforcement regarding 
        liquor law enforcement;
           Virginia Community Policing Institute;
           William and Mary College's Courtroom 21 
        project;
           Pre-release and post-incarceration services 
        programs for the Commonwealth of Virginia;
           Court programs in the Commonwealth of 
        Virginia to combat drug use and drug-related crimes;
           Virginia Attorney General's Office for a 
        Computer Crime Unit, a gang task force, and the Triad 
        program;
           Wyandotte Focus for a program to reduce 
        recidivism;
           The Doe Fund's Ready, Willing & Able 
        program;
           Onsite drug testing demonstration project in 
        the Fourth Judicial District of New York State;
           Phoenix House in Upstate New York Drug 
        Treatment Alternative for offenders;
           Excelsior College for law enforcement 
        training programs;
           Capital Region Cybercrime Partnership in NY;
           Pat Thomas Law Enforcement Academy Training 
        Program;
           Tarrant County, TX, District Attorney for a 
        gang database program;
           Iowa State University for specialized 
        criminal justice research;
           Center for Court Innovation;
           Frank Bland Regional Training Center;
           Protecting Children Against Sex Offenders in 
        Fairfax County, VA;
           Washington Metropolitan Area Drug 
        Enforcement Task Force (MATF);
           Wichita, KS, for a school resource officer 
        program;
           National Training and Information Center 
        (NTIC);
           Chattanooga, TN, Drug Court program;
           Law Enforcement Innovation Center;
           Rape, Abuse and Incest National Network's 
        sexual abuse hotline;
           National Clearinghouse for Science, 
        Technology, and the Law at Stetson University College 
        of Law;
           National Forensics Science Technology Center 
        in Largo, FL;
           Pinellas County, FL, for a jail diversion 
        program for the mentally ill;
           Pinellas County, FL, Sexual Predator Unit;
           Kristen's Act;
           Phoenix House in Dallas, TX, for at-risk 
        youth programs;
           Southern Methodist University's Family 
        Research Center to conduct research on domestic 
        violence;
           University of Houston to work with the 
        National Institute of Justice to test new law 
        enforcement technologies;
           Ascension Parish Law Enforcement Training 
        Center;
           National Institute of Justice's Cyber 
        Science Laboratory in Rome, NY;
           National Association of Town Watch's 
        National Night Out crime prevention program;
           Athens-Clarke County, GA, for law 
        enforcement initiatives;
           Effingham County, GA, for law enforcement 
        initiatives;
           Augusta-Richmond County, GA, for law 
        enforcement initiatives;
           National Institute on State Policy on 
        Trafficking of Women and Girls;
           Rural Law Enforcement Information Technology 
        Center at Tarleton State University;
           University of Notre Dame in collaboration 
        with State University of New York (SUNY) Stony Brook 
        for law enforcement technologies research;
           Cook County, IL, Cold Case Homicide Unit;
           Enough is Enough;
           Stargazer Foundation;
           Fredericksburg, VA, Regional Drug and Gang 
        Task Force;
           Union County, NJ, Police Department in 
        partnership with Union County College for law 
        enforcement training programs;
           School resource officer training program in 
        Palm Beach County, FL;
           State of Missouri, to enhance its Amber 
        Alert program;
           Beyond Missing;
           St. Clairsville, OH, for courtroom 
        equipment;
           San Joaquin Valley Rural Crime Prevention 
        Program;
           Regional Counter-Drug Training Academy for 
        law enforcement training;
           City of Lancaster, PA, for a community 
        policing initiative;
           Chattahoochee Valley Community College for a 
        law enforcement training program;
           The Northwest Fund--Crime Reduction 
        initiative;
           Walker-Whitman law enforcement programs;
           University of Toledo Center for Parents 
        criminal justice program;
           Westchester County, NY, Special Operations 
        Task Force;
           Arlington County, VA, for a gang suppression 
        program;
           On-Site Academy's Law Enforcement Counseling 
        Program;
           Safer Foundation ex-offender program;
           Vera Institute of Justice;
           Fairleigh Dickinson University CyberCrime 
        program;
           It Happened to Alexa Foundation;
           Computer Crimes Initiative--Suffolk County, 
        NY;
           Latino Action Center drug and crime 
        prevention;
           New York City's Community Crime Stopper 
        Program;
           Opening Word, Wyandanch, NY;
           Project COPE NY Police Foundation;
           STRIVE Ex-Offender Program;
           The Fortune Society's Community Reentry 
        Program;
           Bexar County, TX, Jail Diversion Program;
           Newport, RI, Police Department law 
        enforcement initiative;
           National Corrections and Law Enforcement 
        Training and Technology Center;
           Law Enforcement Information Technology and 
        Analysis Program in West Virginia;
           Minneapolis, MN, Police Department law 
        enforcement initiative;
           Minnesota CrimNet program;
           Wisconsin Coalition Against Domestic 
        Violence;
           Wayne County, MI, Jail Diversion and 
        Assistance Initiative;
           Police Command Center Relocation--Cleveland, 
        OH;
           GA Community Renovation Project;
           CA Front Line Law Enforcement;
           MN Fond du Lac Law Enforcement Program;
           Law Enforcement Equipment upgrades for Sault 
        St. Marie Tribe;
           International Center for Ending Violence;
           San Francisco Ex-Offender Reentry Services;
           Urban Justice Center;
           West Shore Regional Law Enforcement;
           Multi-Jurisdictional Criminal Justice Data 
        Integration Project;
           Maine Rural Substance Abuse Project;
           Native Americans into Law;
           Project Peacemaker;
           Whittier, CA school resource officer 
        program;
           Women Advancing the Valley through 
        Education, Economics, and Empowerment Program;
           Providence, RI, Police Department training 
        programs;
           Catholic University Anti-Domestic Violence 
        Program in Puerto Rico; and
           Allegheny County, PA, Violence Prevention 
        Initiative.
    Harold Rogers Prescription Drug Monitoring Program.--The 
recommendation includes $10,000,000 for the Harold Rogers 
Prescription Drug Monitoring Program to assist States in 
building or enhancing prescription drug monitoring systems, 
facilitating the exchange of information among States, and 
providing technical assistance and training on establishing and 
operating effective prescription drug monitoring programs. This 
amount is $3,074,000 above the enacted level and $10,000,000 
above the request.
    During 2002, 6.2 million Americans abused prescription 
drugs. However, the Committee remains disappointed in the 
Administration's lack of effort to address this problem. In 
March, the Administration announced that the White House's 
National Drug Control Strategy would focus on prescription drug 
safety. However, the President's budget proposes to eliminate 
funding for this program, and the Food and Drug Administration 
recently approved oxycodone to be sold generically. As 
discussed under the Drug Enforcement Administration (DEA) 
heading, the Committee expects DEA to work with other entities 
of the Executive Branch, such as FDA and the Office of National 
Drug Control Policy, to ensure a coordinated government-wide 
approach to address prescription drug diversion. The Department 
of Justice is directed to submit quarterly reports describing 
its efforts to address prescription drug diversion.
    Prison Rape Prevention and Prosecution.--The Committee's 
recommendation provides $52,175,000 to implement the Prison 
Rape Elimination Act of 2003 (Public Law 108-79). This amount 
is $15,391,000 above the enacted level and $44,521,000 above 
the request. The Committee finds the Administration's request 
for this program to be woefully insufficient to ensure the 
successful implementation of the Prison Rape Elimination Act.
    The recommendation provides $15,000,000 for the collection 
of statistics, data and research as authorized by section 4 of 
the Act; $5,000,000 for the National Institute of Corrections 
for a national clearinghouse, training and education as 
authorized by section 5 of the Act; $30,000,000 for grants to 
States to protect inmates and safeguard communities as 
authorized by section 6 of the Act; and $2,175,000 to be 
transferred to the National Prison Rape Reduction Commission.
    The Committee understands that experts have conservatively 
estimated that at least 13 percent of the inmates in the United 
States have been sexually assaulted in prison and that many 
inmates have suffered repeated assaults. Under this estimate, 
nearly 200,000 inmates now incarcerated have been, or will be, 
the victims of prison rape. The total number of inmates who 
have been sexually assaulted in the past twenty years likely 
exceeds 1,000,000. The Committee understands that prison rape 
contributes to the spread of sexually-transmitted diseases, 
such as HIV and AIDS. The Committee also recognizes that 
inmates with mental illness and juvenile inmates are 
particularly vulnerable to sexual victimization. The Committee 
further understands that most prison staff are not adequately 
trained or prepared to prevent, report, or treat inmate sexual 
assaults and that prison rape often goes unreported.
    Victims of Trafficking.--The recommendation includes 
$10,000,000 for victims services programs to provide assistance 
to victims of trafficking, as authorized by the Victims of 
Trafficking and Violence Protection Act of 2000. This amount is 
$106,000 above the enacted level and $10,000,000 above the 
request. Once again the Committee is disappointed that the 
Administration continues to propose the elimination of this 
program. According the Central Intelligence Agency, between 
18,000 and 20,000 people are trafficked into the United States 
annually. The Committee believes the Administration must 
continue to work to address these crimes and must provide 
sufficient resources to address the needs of the victims of 
this horrific crime.
    Improving State and Local Law Enforcement Intelligence 
Capabilities.--The recommendation includes $10,000,000 for the 
implementation of the National Criminal Intelligence Sharing 
Plan and the efforts of the Global Justice Information Sharing 
Initiative. The Committee directs that this funding be used to 
support training for State and local law enforcement on the 
intelligence process including planning, collection, analysis, 
dissemination and reevaluation. This program should continue to 
provide support for training in the use of intelligence as a 
tool in identifying pre-incident indicators. It should also 
include training to ensure that law enforcement officials are 
protecting individuals' privacy, civil rights, civil liberties, 
and constitutional rights within the intelligence process. The 
Committee also expects these funds to be available to promote 
the use of information technology standards among law 
enforcement to ensure that that data can be exchanged across 
disparate information systems.

                       WEED AND SEED PROGRAM FUND

    The recommendation provides $51,169,000 for the Weed and 
Seed program, which is the same as the request and $6,757,000 
below the fiscal year 2004 level. The budget proposed merging 
the Weed and Seed program under the Justice Assistance account. 
The Committee looks forward to the submission of the report 
required by the fiscal year 2004 Conference Report regarding 
the coordination of the Weed and Seed program with other 
Federal programs. Unlike prior years, the management and 
administration costs of the program are funded within the 
Justice Assistance appropriation.

                  COMMUNITY ORIENTED POLICING SERVICES

    The Committee recommendation includes $686,702,000 for the 
Community Oriented Policing Services (COPS) program for fiscal 
year 2005. The table below displays funding for programs 
recommended under this heading compared to the level of funds 
requested for the same activities under this heading and under 
the Justice Assistance account.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                     FY 2005
                           Program                             FY 2004 enacted  FY 2005 request   recommendation
----------------------------------------------------------------------------------------------------------------
Enhancement Grants...........................................  ...............  ...............         $113,000
Hiring.......................................................         $118,737  ...............  ...............
Training and Technical Assistance............................          (5,000)          $17,625  ...............
Tribal Law Enforcement.......................................           24,737           20,000  ...............
Meth Hot Spots...............................................           53,482           20,000           60,000
COPS Technologies............................................          156,740  ...............          130,000
Interoperable Communications.................................           84,106            1,550  ...............
Safe Schools Program.........................................            4,552  ...............  ...............
Police Integrity Grants......................................            9,894           10,000  ...............
Management and Administration................................           29,684           27,914           27,914
Prior Year Balances (Rescission).............................  ...............         (53,471)  ...............
                                                              --------------------------------------------------
      Sub-Total, COPS........................................          481,932           43,618          330,914

           Other Programs Not Requested Under COPS

Bullet-Proof Vests...........................................           24,737           24,950           25,000
Police Corps.................................................           14,842           27,579           20,000
Criminal Records Upgrade.....................................           29,684           56,186           50,000
DNA Initiative...............................................           98,948          175,788          175,788
Paul Coverdell Forensic Science..............................            9,894  ...............  ...............
Crime Identification Technology Act..........................           23,971  ...............  ...............
(Safe Schools Technologies)..................................          (4,948)  ...............  ...............
SW Border Prosecutor Program.................................           29,684           47,431           40,000
Project Safe Neighborhoods...................................           29,684           45,080           30,000
Offender Re-Entry............................................            4,948           15,000           15,000
                                                              --------------------------------------------------
      Total..................................................          748,324  ...............          686,702
----------------------------------------------------------------------------------------------------------------

    COPS Enhancement Grants.--The Committee recommendation 
includes $113,000,000 for COPS enhancement grants, as 
authorized by H.R. 3036, the Department of Justice 
Appropriations Authorization Act, Fiscal Years 2004 through 
2006, as passed by the House on March 30, 2004. The 
Administration's budget did not include any funding for this 
program, but the budget request includes $17,625,000 for a 
training and technical assistance program, $20,000,000 for a 
tribal law enforcement program, $1,550,000 for interoperable 
communications, and $10,000,000 for a police integrity training 
program. Funding for all of these activities is available under 
the new COPS enhancement grants program.
    The COPS enhancement grants program is designed to create a 
flexible discretionary program that is available for hiring, 
training, including police integrity training, equipment, 
overtime, school security, information technology, and forensic 
technology. The Committee recognizes that in order to address 
the needs of law enforcement in a comprehensive manner the 
stove-piped programs currently administered by the COPS Program 
Office must be made more flexible. For example, the current 
COPS hiring program provides local communities with $75,000 per 
officer exclusively for the hiring of additional officers and 
there are other programs available for training and 
interoperable communications technologies. Under this new 
program, in one application, a police or sheriff's department 
can apply for funding for multiple activities to address their 
most pressing law enforcement needs in a comprehensive manner.
    The Committee expects Indian tribes and regional community 
policing institutes to be eligible to apply for funding under 
this program.
    Methamphetamine Enforcement and Clean-Up.--The Committee 
recommends $60,000,000 to combat methamphetamine production and 
distribution, to target drug ``hot spots,'' and to remove and 
dispose of hazardous materials at clandestine methamphetamine 
labs. This amount is $6,518,000 above the enacted level and 
$40,000,000 above the request. The Committee is aware that the 
production, trafficking, and abuse of methamphetamine, an 
extremely destructive and addictive synthetic drug, continues 
to be a serious national problem.
    Within the amount provided, the Committee has included 
$20,000,000 to be reimbursed to the Drug Enforcement 
Administration for assistance to State and local law 
enforcement for proper removal and disposal of hazardous 
materials at clandestine methamphetamine labs.
    Within the amount provided, COPS shall continue to provide 
a training and technical assistance program to help communities 
to identify and shut down meth labs, arrest and prosecute meth 
distributors, safely eliminate environmental hazards, and deal 
with other related issues that communities and families 
impacted by meth abuse must address. Funding is also available 
to be awarded on a competitive basis to those State and local 
communities with the largest meth problems and with effective 
strategies to reduce meth production and abuse. The Committee 
expects this program to be coordinated with the Department of 
Health and Human Services Prevention of Meth and Inhalant Abuse 
program, the Environmental Protection Agency, and other 
appropriate Federal agencies.
    The Committee expects the COPS Program Office, in 
consultation with DEA, to examine each of the following 
proposals, to provide grants if warranted, and to submit a 
report to the Committee on its intentions for each proposal:
           Virginia State Police, the Northwest 
        Virginia Regional Drug Task Force, and the Harrisonburg 
        Drug Task Force to assist their efforts in combating 
        methamphetamine;
           Partnership for a Drug Free America to 
        provide technical assistance to State and local law 
        enforcement to address meth;
           Winston and Fayette Counties, AL, for a meth 
        initiative;
           California Department of Justice, Bureau of 
        Narcotics Enforcement, for the California 
        Methamphetamine Strategy (CALMS);
           Washington State law enforcement 
        methamphetamine initiative;
           Mineral Area Drug Task Force;
           South Central Missouri Drug Task Force;
           Southeast Missouri Drug Task Force;
           Methamphetamine Task Force in East 
        Tennessee, to fight the spread of meth labs in this 
        region;
           Bradford County, PA, Sheriff's Department 
        for a meth initiative;
           Commerce City, CO, Police Department for 
        meth initiatives;
           Franklin County, MO, Sheriff's Department 
        for Operation CHEM;
           Iowa Office of Drug Control Policy for meth 
        initiatives;
           Daviess County, KY, Sheriff's Department to 
        combat production and distribution of methamphetamine;
           Oklahoma Bureau of Narcotics and Dangerous 
        Drug Control Clandestine Laboratory Enforcement 
        Program;
           Nebraska State Patrol to combat the 
        production and distribution of methamphetamine;
           Indiana State Police meth enforcement team;
           Oregon Partnership meth prevention program;
           Pennyrile Narcotics Task Force in KY;
           Iowa Methamphetamine Clandestine Lab Task 
        Force project;
           Lincoln County, OR, Methamphetamine 
        Intervention and Enforcement;
           Marion County, OR, Methamphetamine Forensic 
        Lab Enhancement;
           Rural Methamphetamine Education 
        Demonstration Project--Minot State University, ND;
           Arkansas Methamphetamine Drug Hot Spots 
        Program;
           St. Matthews, SC, Police Department 
        Methamphetamine Initiatives;
           Merced County, CA, ``Meth is Death'' 
        Project;
           Lauderdale County, AL, Sheriff's Office Meth 
        Initiative;
           Colbert County, AL, Sheriff's Office Meth 
        Initiative;
           Clackamas County, OR, Methamphetamine 
        Initiative;
           Guam Methamphetamine Initiative;
           Miami Tribe's Meth Hot Spots program;
           Resist Ice Period/Meth Initiative in Hawaii;
           Pulaski County, IL, Sheriff Department Meth 
        Initiative;
           Fresno County, CA, District Attorney 
        Methamphetamine Initiative;
           TN 13th Judicial District/Surrounding 
        Counties Methamphetamine Task Force;
           Jackson County, MS, Meth ``Hot Spots'' 
        program;
           Woodland, CA, Methamphetamine Enforcement; 
        and
           Upper Midwest program to reduce the 
        manufacture, transportation and use of 
        methamphetamines.
    Law Enforcement Technology Program.--The Committee 
recommendation provides $130,000,000 for continued development 
of technologies and automated systems to assist State and local 
law enforcement agencies in investigating, responding to and 
preventing crimes, and gathering and analyzing information. In 
particular, the Committee recognizes the importance of sharing 
information among State and local law enforcement agencies in 
preventing crimes and in identifying and apprehending 
criminals.
    This funding is provided to address the specific crime 
fighting needs of law enforcement. Funding to address the 
communications and interoperability needs of first responders 
including fire, hazmat, emergency medical services, and law 
enforcement is not provided under this Act.
    In examining all grant applications under this program, the 
COPS Program Office is directed to ensure that proposals meet 
equipment standards adopted by the National Institute of 
Justice and the Bureau of Justice Assistance within the Office 
of Justice Programs, and the Office of Law Enforcement 
Standards within the National Institute of Standards and 
Technology.
    Within the amount provided, the Committee expects the COPS 
office to examine each of the following proposals, to provide 
grants if warranted, if each application complies with the 
direction provided above, and to submit a report to the 
Committee on its intentions for each proposal.
           New Orleans Metropolitan Crime Commission;
           Integrated Criminal Justice Information 
        System for the State of Virginia;
           Simulated Prison Environment Crisis Aversion 
        Tools for programs in Alabama, North Carolina, and 
        Pennsylvania;
           Law enforcement technology enhancements for 
        the Middle Rio Grande Border Region of Texas;
           Florida Department of Corrections for a 
        system to electronically monitor criminal probationers 
        and link their location to crime events;
           I-SAFE America;
           Southside Virginia law enforcement agencies 
        for law enforcement technologies;
           Center for Criminal Justice Technology;
           University of Iowa for a cyber crime 
        program;
           East Valley Community Justice Center;
           Washington Association of Sheriffs and 
        Police Chiefs for law enforcement technologies;
           Continued participation of Idaho in the 
        Criminal Information Sharing Alliance;
           Law enforcement intelligence technologies 
        for the Genesee/Finger Lakes region;
           Arkansas State Police for law enforcement 
        technologies;
           Delaware Courts Organized to Serve program;
           University of Central Florida and the 
        Florida Law Enforcement Consortium to enhance 
        information sharing among law enforcement in Florida;
           Illinois State Police;
           Technology enhancements for law enforcement 
        agencies in Northern Illinois;
           National Sheriffs' Association Pegasus 
        program;
           New Mexico State Police for mobile data 
        terminals;
           Louisiana Crime Fighting Technology 
        Enhancements;
           Maine Bureau of Warden Service;
           Worcester Polytechnic Institute, MA;
           Violent Crime Scene Response Unit in 
        Arizona;
           Technology to Combat Crime and Terrorism in 
        Phoenix;
           WV High Technology Consortium Foundation;
           Wayne State University for law enforcement 
        techology initiatives;
           NEMESIS--Sharable Law Enforcement CAD and 
        OMS/JMS;
           Missouri Criminal Justice Integration 
        Project;
           Grants for technology improvements to police 
        and sheriffs' departments in communities that are in 
        need of modernizing their equipment to improve their 
        crime prevention and investigative capabilities and for 
        which alternative sources of funding are not available, 
        including: City of Tucson, AZ; Pima County, AZ; Cochise 
        County, AZ; City of Asheville, NC; Leesburg, VA; Guin, 
        AL; Southside, AL; Boaz, AL; Morgan County, AL; 
        Houston, TX; San Diego County, CA; City of Roseville, 
        CA; Placer County, CA; Morris County, NJ; Sussex 
        County, NJ; Somerset County, NJ; West Essex County, NJ; 
        City of Moultrie, GA; Oakland County, MI; Morgan 
        County, IL; City of Beardstown, IL; City of Peoria, IL; 
        San Bernardino, CA; Redlands, CA; Louisville, KY; West 
        Buechel, KY; Lynnview, KY; Sedgwick County, KS; 
        Onondaga County, NY; Syracuse, NY; Lee County, MS; City 
        of Largo, FL; Pinellas County, FL; City of La Verne, 
        CA; Los Angeles County, CA; Mecklenburg County, NC; 
        Dallas, TX; Jasper County, MO; Greater Harris County, 
        TX; Batavia, IL; Kendall County, IL; Village of East 
        Dundee, IL; DuPage County, IL; Tuscaloosa County, AL; 
        Shelby County, AL; Aurora, CO; City of Clearwater, FL; 
        City of Mobile, AL; Riverside County, CA; Pasco County, 
        FL; Alexander County, NC; City of Corona, CA; Prince 
        William County, VA; Fairfax County, VA; Fairfax City, 
        VA; Blount County, TN; Chesterfield, VA; Dinwiddie 
        County, VA; Isle of Wight County, VA; Southampton 
        County, VA; City of Chesapeake, VA; City of Suffolk, 
        VA; City of Lynchburg, VA; City of Harrisonburg and 
        Rockingham County, VA; Amherst County, VA; Sarasota, 
        FL; Manatee County, FL; Bristol Township, PA; Anson 
        County, NC; Ashtabula City, OH; Putnam County, FL; 
        Macomb County, MI; Shelby Township, MI; City of 
        Lubbock, TX; Sacramento, CA; City of Muncie, IN; County 
        of Contra Costa, CA; York City, PA; Las Vegas, NV; 
        Navajo Nation, AZ; City of Bayamon, PR; City of 
        Guaynabo, PR; City of Warren, AR; Virginia Beach, VA; 
        Hampton, VA; Accomack, VA; Northampton, VA; City of 
        Stamford, CT; Manchester Township, NJ; Kern County, CA; 
        Kalamazoo County, MI; Bernalillo County, NM; City of 
        San Francisco, CA; Madison County, KY; Franklin County, 
        KY; Waco, TX; City of Canby, OR; Baytown, TX; Snohomish 
        County, WA; Salt Lake City, UT; Sandy City, UT; Fargo, 
        ND; Bismarck, ND; City of Abilene, TX; Kitsap County, 
        WA; City of Philadelphia, PA; Prince Georges County, 
        MD; Lucas County, OH; Westchester and Rockland 
        Counties, NY; City of White Plains, NY; Alexandria, VA; 
        State of PA; North Worcester County, MA; Porter, IN; 
        Portage, IN; Jasper County, IN; Gary, IN; State of 
        Arkansas; Baker County, GA; City of Shellman, GA; 
        Bamberg County, SC; City of Manning, SC; State of 
        Connecticut; City of Salinas, CA; City of Poughkeepsie, 
        NY; Ulster County, NY; Tompkins County, NY; City of 
        Durham, NC; Orange County, NC; Wake County, NC; 
        Morrisville, NC; Niagara, NY; Rochester, NY; 
        Brookhaven, NY; Suffolk County, NY; City of Colton, CA; 
        City of Fontana, CA; Hudson County, NJ; City of Pomona, 
        CA; City of Montebello, CA; El Paso, TX; Lakewood, CA; 
        Garden Grove, CA; Santa Ana, CA; Fullerton, CA; City of 
        West Covina, CA; Morgan County, AL; Madison County, AL; 
        City of Huntsville, AL; Providence, RI; City of Central 
        Falls, RI; Town of Tiverton, RI; Hennepin County, MN; 
        Indianapolis, IN; State of Michigan; Detroit, MI; 
        Jamesburg, NJ; City of Atlanta, GA; San Mateo County, 
        CA; Oakland, CA; Homestead, FL; Solano County, CA; 
        Newark, NJ; Florence, SC; Inglewood, CA; Santa Monica, 
        CA; Clatsop County, OR; North Hempstead, NY; Jersey 
        City, NJ; Woodburn, OR; Alger County, MI; City of 
        Covina, CA; Seekonk, MA; City of Rosemead, CA; City of 
        Chicago, IL; City of New York, NY; Modesto, CA; County 
        of Middlesex, MA; and County of Minnehaha.
    Bulletproof Vests.--The Committee recommendation includes 
$25,000,000 for continuation of the Bulletproof Vest program to 
assist State and local law enforcement in purchasing bullet and 
stab resistant vests. This level is $50,000 above the request 
and $263,000 above the current year. The recommendation 
includes bill language making two percent of the funding 
available for testing and research related to bulletproof 
vests.
    Police Corps.--The Committee recommends $20,000,000 for the 
Police Corps program. This is an increase of $5,158,000 above 
the enacted level and is $7,579,000 below the request. The 
Committee directs OJP to continue to develop innovative ways to 
make this program more affordable. The Committee expects that 
the Police Corps training curriculum will incorporate all 
relevant training portions of the National Criminal 
Intelligence Sharing Plan.
    Criminal History Record Upgrades.--The Committee 
recommendation includes $50,000,000 for the Criminal Records 
Upgrade program. This is an increase of $20,316,000 above the 
fiscal year 2004 level and is $6,186,000 below the request. The 
goal of this program is to ensure that accurate records are 
available for use in law enforcement, including sex offender 
registry requirements, and to permit States to identify 
ineligible firearm purchasers, persons ineligible to hold 
positions involving children, the elderly, or the disabled, and 
persons subject to protective orders or wanted, arrested, or 
convicted of stalking and/or domestic violence. This program 
helps States build their infrastructure to connect to national 
record check systems, both to supply information and to conduct 
the requisite checks.
    DNA Initiative.--The Committee recommendation is 
$175,788,000 for the Administration's DNA Initiative, 
$76,840,000 above the current year level and the same as the 
request.
    The recommendation fully funds the second year of the 
Administration's initiative to eliminate the DNA backlog in 
five years. The Committee recognizes that DNA technology will 
allow law enforcement to identify certain criminals quickly and 
accurately, solve additional crimes, especially violent crimes 
such as murder and rape, and identify persons mistakenly 
accused or convicted of crimes. According to a report submitted 
to Congress by the Attorney General on April 6, 2004, the total 
number of crime cases with possible biological evidence either 
still in the possession of local law enforcement or backlogged 
at forensic laboratories is over 542,700, which includes 
221,000 with possible evidence in rape and homicide cases. The 
report also found that a significant proportion of law 
enforcement agencies continue to misunderstand the potential 
benefits of DNA testing. The Committee directs the Department 
to provide an annual report to the Committee on the 
achievements of the DNA Initiative in addressing the backlog 
and solving crimes.
    Southwest Border Prosecutions.--The Committee recommends 
$40,000,000 to provide assistance to State and local law 
enforcement agencies (including prosecutors, probation 
officers, courts, and detention facilities) along the southwest 
border with the handling and processing of drug and alien cases 
referred from Federal arrests. The Committee is disappointed 
that the Department of Justice has yet to submit the study 
required by the fiscal year 2004 conference report concerning 
the Northern Border.
    Project Safe Neighborhoods.--The Committee recommends 
$30,000,000 for Project Safe Neighborhoods. This program 
provides grants to address gun violence, and gang- and drug-
related crime, by working in partnership with communities and 
law enforcement agencies. In addition, $10,650,000 is provided 
for Project Sentry under the Juvenile Justice heading for a 
companion program to combat youth gun violence, and gang- and 
drug-related crimes. The Committee expects these programs to be 
closely coordinated with the Weed and Seed program, the Offices 
of the United States Attorneys, and the Bureau of Alcohol, 
Tobacco, Firearms and Explosives Youth Crime Gun Interdiction 
Initiative.
    Offender Reentry.--The Committee recommends $15,000,000 for 
the law enforcement costs related to establishing offender 
reentry programs, which is $10,052,000 above the enacted level 
and the same as the request. Offender reentry programs 
establish partnerships among institutional corrections, 
community corrections, social services programs, community 
policing, and community leaders to prepare for the successful 
return of inmates to their home neighborhoods. The amount 
recommended is provided to fund law enforcement participation 
and coordination of offender reentry programs. The Committee is 
pleased that OJP is working in collaboration with the 
Departments of Labor, Health and Human Services, Housing and 
Urban Development, and Education in the execution of this 
program.
    Management and Administration.--The Committee recommends 
$27,914,000 for management and administration. This level is 
same as the request.

       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

    The Committee recommends $383,551,0000 to support grants 
under the Violence Against Women Act, which is the same level 
as fiscal year 2004 and $21,074,000 above the request. The 
request includes funding for Violence Against Women Prevention 
and Prosecution Programs under the Justice Assistance heading. 
The recommendation continues to include all Violence Against 
Women Prevention and Prosecution Programs under this heading. 
The table below displays funding for programs recommended under 
this heading compared to the level of funds requested for the 
same activities under this heading and under the Justice 
Assistance account.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                     FY 2005
                                                               FY 2004 enacted  FY 2005 request   recommendation
----------------------------------------------------------------------------------------------------------------
STOP Grants..................................................         $166,564         $176,747         $176,747
    (National Institute of Justice--R&D).....................          (5,145)          (5,200)          (5,200)
    (Safe Start Program).....................................          (9,895)         (10,000)         (10,000)
    (Transitional Housing Assistance)........................  ...............         (15,000)         (15,000)
Grants to Encourage Arrest Policies..........................           63,824           62,479           62,479
Rural Domestic Violence Assistance Grants....................           39,267           38,274           38,274
Violence on College Campuses.................................            9,830            9,175            9,175
Civil Legal Assistance.......................................           39,322           39,871           39,322
Elder Abuse Grant Program....................................            4,916            4,458            4,458
Safe Haven Project...........................................           14,746           14,078           14,078
Educ. & Training for Disabled Female Victims.................            7,373            6,922            6,922
Transitional Housing.........................................           14,842  ...............  ...............
Management and Administration................................  ...............           10,473           10,339
                                                              --------------------------------------------------
      Subtotal...............................................          360,683          362,477          361,794
Other Violence Against Women Act Programs:
    CASA (Special Advocates).................................           11,772           11,484           11,484
    Training for Judicial Personnel..........................            2,257            1,925            1,925
    Grants for Televised Testimony...........................              983              986              983
    Training Programs........................................            4,905            4,415            4,415
    Stalking Database........................................            2,950            2,962            2,950
                                                              --------------------------------------------------
      Total..................................................          383,551  ...............          383,551
----------------------------------------------------------------------------------------------------------------

    Funding included under this heading will continue to 
provide resources to expand units of law enforcement officers 
and prosecutors specifically targeted at crimes against women, 
to develop and implement effective arrest and prosecution 
policies to prevent, identify and respond to violent crimes 
against women, and to provide much-needed victim services, 
including specialized domestic violence court advocates to 
obtain protection orders.

                       JUVENILE JUSTICE PROGRAMS

    The Committee recommendation provides a total of 
$349,000,000 for Juvenile Justice Programs for fiscal year 
2005. The budget request proposes to fund juvenile justice 
programs under the Justice Assistance heading. The Committee 
recommendation is $11,000 above the fiscal year 2004 level and 
$104,533,000 above the request for similar juvenile justice 
programs.
    The table below displays the Committee's recommendation 
compared to the levels requested under the Justice Assistance 
heading for the same programs.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                     FY 2005
                           Program                             FY 2004 enacted  FY 2005 request   recommendation
----------------------------------------------------------------------------------------------------------------
Part A--Management and Administration........................           $3,562             $350             $350
Part B--State Formula........................................           83,116           89,961           84,000
Part C--Block Grants.........................................  ...............           39,074  ...............
Part D--Research and Development.............................            2,474            7,035  ...............
Part E--Demonstration Projects...............................           78,762            6,600           70,000
Title V--Incentive Grants....................................           79,158           37,335           80,000
    Tribal Youth.............................................          (9,895)         (12,500)         (10,000)
    Gang Prevention..........................................         (19,769)  ...............         (20,000)
    Underage Drinking Prevention.............................         (24,737)  ...............         (25,000)
Project Sentry...............................................           14,842           19,131           10,650
Secure Our Schools Act.......................................            9,895  ...............           20,000
Victims of Child Abuse Programs..............................           12,865           11,231           14,000
Juvenile Accountability Block Grant..........................           59,368  ...............           60,000
Project Childsafe............................................            4,947           33,750           10,000
                                                              --------------------------------------------------
      Total..................................................          348,989  ...............          349,000
----------------------------------------------------------------------------------------------------------------

    The recommendation funds the juvenile delinquency 
prevention and accountability programs in accordance with 
Public Law 107-273, which reauthorizes the Juvenile Justice and 
Delinquency Prevention Act and the Juvenile Accountability 
Block Grant programs.
    Within the overall amounts recommended under Part E, OJP is 
directed to review the following proposals, provide grants if 
warranted, and submit a report to the Committee on its 
intentions regarding:
           Continuation of the Office of Juvenile 
        Justice and Delinquency Prevention's Protecting Our 
        Children: Working Together to End Child Prostitution 
        program;
           Law-related education;
           Girls and Boys Town, U.S.A.;
           Northwestern University's Juvenile Project;
           Parents Anonymous;
           Stark County Court, Juvenile Pre-Trial 
        Services Office to assist with the implementation of 
        early intervention strategies for targeted youth in 
        Stark County, OH;
           Juvenile delinquency prevention programs in 
        Massillon, OH;
           National Council of Juvenile and Family 
        Court Judges;
           Teens, Crime and Community;
           A Child is Missing, Inc. in OH;
           Family, Career, and Community Leaders of 
        America ``Stop the Violence'' program;
           Buckhorn Lake Children's Center for programs 
        to serve at-risk youth;
           Prevent Child Abuse America for the programs 
        of the National Family Support Roundtable;
           ACA--NY for an anti-drinking program for 
        children ages 11 and above;
           Eisenhower Foundation for the Youth Safe 
        Haven program;
           Hamilton Fish National Institute on School 
        and Community Violence;
           Learning for Life;
           Virginia Attorney General's Office for Class 
        Action and other educational programs in Virginia 
        schools;
           Center for Successful Parenting;
           Association of Christian Community Computer 
        Centers;
           Farmington Children's Home for delinquency 
        prevention programs;
           Operation Blue Ridge Thunder;
           Tarrant County Youth Collaboration for a 
        child abuse prevention program;
           Residential Care Consortium for delinquency 
        prevention programs;
           IMPACT/Night Light Program in San Bernardino 
        County, CA, to team police officers with probation 
        officers to reduce juvenile crime;
           Child Endangerment Response Coalition in 
        Spokane, WA;
           Drug Free America Foundation for an anti-
        drug program for youth, parents, and teachers;
           Eckerd Youth Alternatives to divert at-risk 
        and troubled youth from the criminal justice system 
        through residential and community-based programs;
           Pinellas County, FL, Police Athletic League;
           Florida Gulf Coast University Interagency 
        Family Assessment Team program for at-risk youth;
           Marcus Institute in Atlanta, GA, for a 
        juvenile crime and delinquency study;
           ARISE Foundation;
           Miami-Dade Juvenile Assessment Center;
           University of South Alabama for youth 
        violence prevention research;
           Darkness to Light;
           City of South Bend, IN, youth gang violence 
        prevention initiative;
           CHKD Child Abuse Program;
           Ohel Children's Home & Family Services for a 
        child abuse prevention program;
           Juvenile delinquency prevention programs in 
        Van Wert, OH;
           Laurinburg, NC, for a juvenile delinquency 
        program;
           DuPage County, IL, Youth Mentoring Program;
           University of Connecticut for a juvenile 
        delinquency prevention program;
           Teen Challenge program for at-risk youth in 
        IL;
           Covenant House New Jersey's Right of Passage 
        program;
           Wayne County, MI, for a juvenile mentoring 
        program;
           Lea County, NM, for a juvenile corrections 
        education program;
           Generation Next Youth Empowerment Program in 
        Dumas, AR, to prevent juvenile delinquency;
           A Child Is Missing, Inc, FL;
           World Vision for at-risk youth programs;
           Greater Trenton, NJ, for an at-risk youth 
        program;
           A Child Is Missing, Inc, OK;
           LaSalle, IL, Child Advocacy Center;
           Juvenile Court of the Philadelphia Court of 
        Common Pleas;
           California Safe from the Start;
           Bay Area Youth Violence Prevention Network;
           San Francisco, CA, ``Safe Streets Project'';
           City Parks Foundation programs for at-risk 
        youth--Bronx, NY;
           Lehman College, NY, for an at-risk youth 
        program;
           Woodycrest, Bronx, NY, for at-risk youth 
        programs;
           Fordham Youth Ministry for programs to 
        prevent teen delinquency;
           Sistas and Brothas alternatives to gangs and 
        drugs;
           Youth Ministries for Peace and Justice;
           Mary Mitchell Family and Youth Center 
        programs for families and teens;
           Boys and Girls Home and Family Services;
           Messiah College, PA, programs for at-risk 
        teens;
           Marion County, OR, Children of Incarcerated 
        Parents Initiative;
           Marion County, OR, Co-occurring Disorders 
        Pilot Project for at-risk youth;
           Clackamas County, OR, Juvenile Community 
        Assessment Center;
           Granite, UT, Rock Solid Project for at-risk 
        youth;
           Spurwink Institute program for at-risk 
        youth;
           Dakota Boys Ranch Mentoring Program for 
        teens;
           Washington State School Security program;
           Philadelphia's College Opportunity Resources 
        for Education initiative (C.O.R.E) for at-risk youth;
           At-Risk Youth Entrepreneurship Program at 
        New Covenant Campus, PA;
           City of Toledo, OH, Police Athletic League 
        Youth Center for at-risk youth;
           Opportunities, Alternatives, and Resources 
        for youth;
           Substance Abuse Prevention for Youth;
           Liberty's Promise programs for youth;
           ``No Workshops, No Jumpshots'' program for 
        at-risk youth in Indiana;
           Thomas Area Teen Center for youth in 
        Georgia;
           City of Dawson, GA, Youth Advocacy program;
           Muscogee County, GA, National Model Teenage 
        Parenting Center;
           Mitchell County, GA, Youth Advocacy and 
        Outreach Program;
           Youth Crime Watch America;
           Jump Start Tallahassee, FL, for at-risk 
        youth;
           Juvenile Justice Education Program Model 
        Study for teens;
           Florence Crittendon--programs for at-risk 
        teens;
           Richland County, SC, ScoutReach gang 
        prevention program;
           TechMission Youth Program for at-risk kids, 
        MA;
           Operation Quality Time--programs for at-risk 
        youth, AZ;
           April Michelle West Foundation's Winners by 
        Choice program for at-risk teens;
           Camp Police Athletic League of NJ;
           Soundview Community in Action--outreach for 
        teens, NY;
           Project Parkchester Youth Zone;
           Hope and Help for All Foundation At-Risk 
        Juvenile Mentoring Program;
           Community Outreach Center Drug Prevention 
        Program, NY;
           Bronx, NY, Cluster of Settlement Houses At-
        Risk Youth Mentoring Program;
           Anti-Gang Initiative for Urban League of 
        Long Island, NY;
           City Parks Foundation programs for at-risk 
        youth--Queens, NY;
           The ABT programs for at-risk youth;
           The Fortune Society programs for at-risk 
        youth--NY;
           Nassau County, NY, Youth Board programs;
           Nassau County, NY, Police Department anti-
        gang initiative;
           Grace Multi-Community Development 
        Corporation, Uniondale, NY;
           Roy Wilkins Park Family Center, Project Re-
        Connect;
           The GRADS Foundation, Inc. programs for at-
        risk youth;
           BAM programs to prevent juvenile 
        delinquency;
           New York Acorn programs to prevent teen 
        delinquency;
           Community Service Society/Enterprise Corps 
        programs for at-risk youth, NY;
           Harlem, NY, RBI programs for at-risk youth;
           NYC College of Technology for at-risk youth 
        education;
           Downtown Learning Center--expansion of 
        programs for at-risk youth, NY;
           City Parks Foundation programs for at-risk 
        teens--East NY;
           Project Intercept--a program to prevent at-
        risk youth from turning to drugs, NY;
           Brooklyn Arts Council's Arts in Education 
        Program for at-risk youth;
           City of Colton, CA, Police Activities League 
        Program for youth;
           Gilbert-Lindsay Center for Youth;
           Junior Aztec Fire Fuels Crew programs for 
        at-risk kids--Cypress Park, CA;
           Northeast Trees--at-risk youth program;
           The Eagle Rock Center ``Will Power to 
        Youth'' programs, CA;
           Texas A&M University in Corpus Christi, at-
        risk youth programs;
           Hispanic National Juvenile Delinquency 
        Prevention Program--Self-Reliance Foundation;
           City of Norwalk, CA--Teen Alliance Program;
           Before- and After-School Delinquency 
        Prevention Program, TX;
           Gang Alternative Program in Southeast Los 
        Angeles County, CA;
           Texas A&M Center for at-risk youth;
           Educational Center for at-risk youth, NY;
           Boricua College Project Success for at-risk 
        youth, NY;
           NYC YD programs for at-risk teens, NY;
           Loisaida Youth Leadership Academy for at-
        risk kids, NY;
           La Esperanza Home for Boys, TX;
           CA Police Activities League Center;
           Los Angeles County, CA, Friends of Child 
        Advocates;
           The Teen Shelter, AL, programs for at-risk 
        teens;
           Northwest Alabama Children's Advocacy 
        Center;
           Morgan County, AL, Child Advocacy Center;
           Gateway Healthcare in Pawtucket, RI, 
        programs for at-risk youth;
           Rhode Island Family Court programs for youth 
        and families;
           Folwell Neighborhood Association, MN, 
        programs for kids;
           Collaborative Drug Intervention Committees--
        NJ;
           Lena Park Development Corporation--services 
        for at-risk youth, MA;
           Comin' Up programs for at-risk youth, TX;
           Wayne County, MI, Juvenile Mentoring 
        Program;
           Stillman College Juvenile Justice 
        Delinquency Prevention Program, AL;
           Amer-I-Can program for youth, IL;
           Old King's Orchard Community Center Teen 
        Reach Program, IL;
           Juvenile Justice Center at Suffolk 
        University Law School, MA;
           Vermont Coalition of Teen Centers;
           Los Angeles, CA, Community Law Enforcement 
        and Recovery;
           Jovenes program for at-risk youth;
           NYC Arts for at-risk youth;
           Medgar Evers at-risk youth program;
           ``No Workshops, No Jumpshots'' in Virginia;
           Metropolitan Family Services for at-risk 
        youth;
           Mayor's Time disadvantaged and at-risk youth 
        program;
           Wayne County, MI, teen mentoring and crime 
        prevention program;
           Salinas Gang Violence program for at-risk 
        youth;
           California Youth Development and Crime 
        Prevention Initiative;
           Washington County, OR--Juvenile Justice 
        Prevention Program; and
           Overtown Youth Center program for at-risk 
        youth.
    Gang Prevention.--The recommendation includes $20,000,000, 
within Title V grants, for OJP to administer a gang resistance 
and education program. These funds shall be available to 
develop comprehensive community strategies to address gangs, 
including anti-gang education programs and coordination with 
Federal, State and local law enforcement. This program shall be 
administered by the Bureau of Justice Assistance with 
assistance from the Bureau of Alcohol, Tobacco, Firearms and 
Explosives, and the Office of Juvenile Justice and Delinquency 
Prevention.
    Secure Our Schools Act.--The recommendation includes 
$20,000,000 for expenses authorized by the Secure Our Schools 
Act (Public Law 106-386), such as metal detectors, locks, 
lighting and other deterrent measures; security assessments; 
security training of personnel and students; and coordination 
with local law enforcement. This amount is $20,000,000 above 
the request and $10,105,000 above the current level.
    Juvenile Accountability Block Grants.--The recommendation 
provides $60,000,000 for the Juvenile Accountability Block 
Grants program, which is $632,000 above the enacted level and 
$60,000,000 above the request. The funds provided in the this 
program are available for the following purposes:
          (1) developing, implementing, and administering 
        graduated sanctions for juvenile offenders;
          (2) building, expanding, renovating, or operating 
        temporary or permanent juvenile corrections, detention, 
        or community corrections facilities;
          (3) hiring juvenile court judges, probation officers, 
        and court-appointed defenders and special advocates, 
        and funding pretrial services (including mental health 
        screening and assessment) for juvenile offenders, to 
        promote the effective and expeditious administration of 
        the juvenile justice system;
          (4) hiring additional prosecutors, so that more cases 
        involving violent juvenile offenders can be prosecuted 
        and case backlogs reduced;
          (5) providing funding to enable prosecutors to 
        address drug, gang, and youth violence problems more 
        effectively and for technology, equipment, and training 
        to assist prosecutors in identifying and expediting the 
        prosecution of violent juvenile offenders;
          (6) establishing and maintaining training programs 
        for law enforcement and other court personnel with 
        respect to preventing and controlling juvenile crime;
          (7) establishing juvenile gun courts for the 
        prosecution and adjudication of juvenile firearms 
        offenders;
          (8) establishing drug court programs for juvenile 
        offenders that provide continuing judicial supervision 
        over juvenile offenders with substance abuse problems 
        and the integrated administration of other sanctions 
        and services for such offenders;
          (9) establishing and maintaining a system of juvenile 
        records designed to promote public safety;
          (10) establishing and maintaining interagency 
        information-sharing programs that enable the juvenile 
        and criminal justice systems, schools, and social 
        services agencies to make more informed decisions 
        regarding the early identification, control, 
        supervision, and treatment of juveniles who repeatedly 
        commit serious delinquent or criminal acts;
          (11) establishing and maintaining accountability-
        based programs designed to reduce recidivism among 
        juveniles who are referred by law enforcement personnel 
        or agencies;
          (12) establishing and maintaining programs to conduct 
        risk and need assessments of juvenile offenders that 
        facilitate effective early intervention and the 
        provision of comprehensive services, including mental 
        health screening and treatment and substance abuse 
        testing and treatment to such offenders;
          (13) establishing and maintaining accountability-
        based programs that are designed to enhance school 
        safety;
          (14) establishing and maintaining restorative justice 
        programs;
          (15) establishing and maintaining programs to enable 
        juvenile courts and juvenile probation officers to be 
        more effective and efficient in holding juvenile 
        offenders accountable and reducing recidivism; or
          (16) hiring detention and corrections personnel, and 
        establishing and maintaining training programs for such 
        personnel to improve facility practices and 
        programming.
    Enforcing Underage Drinking Laws.--In order to address the 
problem of alcohol abuse by minors and the accessibility of 
alcohol to minors, the Committee recommends $25,000,000 to 
assist States to develop comprehensive and coordinated 
initiatives to enforce State laws that prohibit the sale or 
consumption of alcoholic beverages to minors. This amount is 
$263,000 above the enacted level and $25,000,000 above the 
request.
    Victims of Child Abuse Act.--The Committee recommends a 
total of $14,000,000 for the various programs authorized under 
the Victims of Child Abuse Act (VOCA). The recommendation 
provides the following:
           $2,750,000 for Regional Children's Advocacy 
        Centers, as authorized by section 213 of VOCA;
           $8,750,000 for local Children's Advocacy 
        Centers, as authorized by section 214 of VOCA;
           $50,000 for the National Children's Advocacy 
        Center in Huntsville, AL, to implement a training 
        program;
           $850,000 for the National Children's 
        Alliance for technical assistance and training, as 
        authorized by section 214a of VOCA; and
           $1,600,000 for the National Center for 
        Prosecution of Child Abuse for specialized technical 
        assistance and training programs to improve the 
        prosecution of child abuse cases, as authorized by 
        section 214a of VOCA.

                    PUBLIC SAFETY OFFICERS BENEFITS

    The Committee recommendation provides a total of 
$69,464,000 for the Public Safety Officers Benefits program, 
the amount requested for these programs. The budget proposed to 
consolidate these programs under the Justice Assistance 
heading. The recommendation includes $63,054,000, which is the 
Congressional Budget Office's estimate for death benefits to 
eligible survivors of Federal, State, and local public safety 
officers whose death was the direct and proximate result of 
traumatic injury sustained in the line of duty. This program is 
considered mandatory for scorekeeping purposes.
    The recommendation also includes $2,795,000 for the Public 
Safety Officers Educational Assistance Program and $3,615,000 
for disability benefits for fiscal year 2005.

               General Provisions--Department of Justice

    The Committee has included the following general provisions 
for the Department of Justice in this bill:
    Section 101 provides language that makes up to $60,000 of 
the funds appropriated to the Department of Justice available 
to the Attorney General for reception and representation 
expenses.
    Section 102 provides language, included in previous 
Appropriations Acts, which prohibits the use of funds to 
perform abortions in the Federal Prison System.
    Section 103 provides language, included in previous 
Appropriations Acts, which prohibits use of the funds in this 
bill to require any person to perform, or facilitate the 
performance of, an abortion.
    Section 104 provides language, included in previous 
Appropriations Acts, which states that nothing in the previous 
section removes the obligation of the Director of the Bureau of 
Prisons to provide escort services to female inmates who seek 
to obtain abortions outside a Federal facility.
    Section 105 provides that the authorities contained in the 
21st Century Department of Justice Appropriations Authorization 
Act shall remain in effect until the effective date of a 
subsequent Department of Justice Appropriations Authorization 
Act.
    Section 106 provides language similar to language included 
in previous Appropriations Acts, which allows the Department of 
Justice, subject to the Committee's reprogramming procedures, 
to transfer up to 5 percent between any appropriation, but 
limits to 10 percent the amount that can be transferred into 
any one appropriation.
    Section 107 provides language to continue section 114 of 
Public Law 107-77 during fiscal year 2005.
    Section 108 provides for the extension of the Personnel 
Management Demonstration Project for certain positions of the 
Bureau of Alcohol, Tobacco, Firearms and Explosives.
    Section 109 prohibits the Drug Enforcement Administration 
from establishing procurement quotas in certain circumstances.
    Section 110 provides for the establishment of procurement 
quotas for certain drugs following the approval of a new drug 
application.
    Section 111, identical to section 1 of H.R. 4564, empowers 
the Director of the FBI to, on a case-by-case basis, delay the 
mandatory retirement age of 57 for FBI agents until the agent 
reaches 65 years of age. Currently, the Director is authorized 
to delay mandatory retirement until the agent reaches 60 years 
of age. This provision does not require agents to work past the 
age of 57, but gives the Director the authority to extend 
agents until the age of 65 in certain circumstances.
    Section 112, identical to section 2 of H.R. 4564, provides 
the Director of the FBI with the authority, after consultation 
with the Office of Personnel Management (OPM), to provide 
retention and relocation bonuses to employees with high or 
unique qualifications who in the absence of bonuses would 
likely leave the FBI. The provision also allows for retention 
and relocation bonuses for individuals transferred to a 
different geographic area with a higher cost of living. A bonus 
may total up to 50 percent of an employee's basic rate of pay.
    Section 113, identical to section 3 of H.R. 4564, 
authorizes the Director of the FBI to provide for the 
establishment and training of an FBI Reserve Service that would 
facilitate streamlined, temporary re-hiring from a pre-
certified cadre of retired FBI employees who possess the 
specialized skills required to deal with the demands of a 
crisis or other special situation. The provision will allow the 
FBI to quickly access experienced employees in the event of an 
emergency, without adversely impacting reserve service members' 
retirement pay.
    Section 114, identical to section section 4 of H.R. 4564, 
authorizes the FBI, in conjunction with the Office of 
Management and Budget and the Office of Personnel Management, 
to pay critical intelligence positions up to an Executive 
Schedule I salary provided that the position is determined to 
be (1) a high level position in a scientific, technical, 
professional, or administrative field, and (2) critical to the 
FBI's mission.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

    The Committee recommendation includes a total of 
$5,759,925,000 in general purpose discretionary funds for the 
programs of the United States Trade Representative, the 
International Trade Commission and the Department of Commerce 
for fiscal year 2005, $185,854,000 below the current year 
level, and $301,064,000 below the request.

                  Trade and Infrastructure Development


                            RELATED AGENCIES


            Office of the United States Trade Representative


                         SALARIES AND EXPENSES

    The Committee recommends $41,552,000 for the Office of the 
United States Trade Representative (USTR) for fiscal year 2005, 
which is the same as the current year and $2,000,000 above the 
request.
    The Committee remains concerned that the United States 
trade deficit with other nations continues to rise. In 2003, 
the United States imported $124 billion more in goods and 
services from the People's Republic of China (PRC) than the PRC 
imported in goods and services from the United States, an 
increase of twenty percent from 2002.
    The Committee continues its direction to USTR to make use 
of all available mechanisms, including the safeguards 
delineated under the Trade Act of 1974, including Sections 301 
and 421, to address the disruptions resulting from unbalanced 
trade with the PRC.
    Reporting Requirements.--The Committee directs the USTR to 
provide a report to the Committee detailing spending plans for 
all funding provided under this heading. This report should 
display personnel costs, travel expenses and overhead costs for 
the Washington, D.C., facility, overhead costs associated with 
USTR presence in Geneva, Switzerland, and the costs associated 
with ensuring greater transparency of the process including the 
timely publication of reports and trade agreements. Further, 
this report should identify costs associated with each 
programmatic office as outlined in the 2004 organizational 
chart. This report and spending plan should be provided to the 
Committee no later than 90 days after the enactment of this 
Act. Further, the Committee expects this plan to be updated to 
reflect the obligation of funds on a monthly basis, beginning 
with the second quarter of fiscal year 2005. The Committee 
reminds the USTR of the requirements set forth under section 
605 of this Act.
    International Standards.--The Committee directs the USTR to 
ensure that U.S. business interests are represented in 
international standards negotiations. The Committee directs the 
USTR to collaborate with the National Institute of Standards 
and Technology (NIST) and the State Department to reduce trade 
barriers to U.S. exports. The Committee continues its direction 
to the Department to ensure U.S. standards are adopted in 
international negotiations.

                     International Trade Commission


                         SALARIES AND EXPENSES

    The Committee recommends $61,700,000 for the International 
Trade Commission (ITC) for fiscal year 2005, which is 
$4,018,000 above the amount provided in the current year and 
the same as the request.
    The Committee directs the Commission to provide a spending 
plan for all funding provided under this heading. Further, the 
Committee expects this plan to be updated to reflect the 
obligation of funds on a monthly basis, beginning with the 
second quarter of fiscal year 2005. The Committee reminds the 
Commission of the requirements set forth under section 605 of 
this Act.
    The International Trade Commission is an independent, 
quasi-judicial agency responsible for conducting trade-related 
investigations; providing the Congress and the President with 
independent, expert technical advice to assist in the 
development and implementation of U.S. international trade 
policy; responding to the Congress and the President on various 
matters affecting international trade; maintaining the 
Harmonized Commodity Description and Coding System of 
internationally accepted product nomenclature; providing 
technical assistance to eligible small businesses seeking 
remedies and benefits under the trade laws; and performing 
other specific statutory responsibilities ranging from research 
and analysis to quasi-judicial functions on trade-related 
matters.

                         DEPARTMENT OF COMMERCE


                   International Trade Administration


                     OPERATIONS AND ADMINISTRATION

    The Committee recommendation includes $401,513,000 in total 
resources for the programs of the International Trade 
Administration (ITA) for fiscal year 2005, which is $15,411,000 
above the current year level and the same as the request. Of 
the amounts provided, $8,000,000 is to be derived from fee 
collections.
    The mission of the ITA is to create economic opportunity 
for U.S. workers and firms by promoting international trade, 
opening foreign markets, ensuring compliance with trade laws 
and agreements, and supporting U.S. commercial interests at 
home and abroad.
    The Committee understands the difficulties of attempting to 
balance both the positive and the negative effects of a free 
trade agenda. The Committee is steadfast in its support of 
America's trade policy to create growth and raise living 
standards around the globe, and in return to increase the 
benefits to U.S. workers, farmers, consumers, and businesses. 
Yet, the U.S. Government must uphold its responsibility to 
enforce trade laws, particularly with China. If trading 
partners do not abide by the rules that are set in the global 
trading system, then U.S. firms are not competing on a level 
playing field.
    The United States government has an obligation to ensure 
that American companies are not forced to compete with foreign 
companies that are engaged in unfair trading practices.
    Reports.--The Committee notes some progress by the 
Department of Commerce, in consultation with the U.S.-China 
Economic and Security Review Commission, on the Committee's 
direction in the Statement of Managers accompanying the 2004 
Appropriations Act to research and report back to the 
Committee. The Committee understands that a number of the 
required reports are in final clearance.
    American Trading Centers.--Manufacturing and service 
industries need assistance to export their goods and services 
to China. The Committee continues to believe that additional 
resources are required to aggressively promote U.S. exports in 
China and enforce the commitments made as part of the China's 
WTO accession agreement. The Committee, after consultation with 
industry and the ITA, has determined that a rapid increase in 
export promotion to China is necessary. The creation of 
American Trading Centers in major Chinese commercial centers is 
one way to improve export promotion. These centers will enable 
U.S. exporters to receive assistance while in the country and 
provide for on-the-ground expertise, including market research 
capabilities. Within the funding level provided, the Committee 
expects that no less than six positions in China will support 
the American Trading Centers initiative. The Committee expects 
these positions to be filled by personnel with market access 
compliance experience, as well as export promotion experience. 
The Committee directs the ITA to submit a plan to establish 
export centers in China, consistent with the interagency review 
process, by no later than 90 days after the enactment of this 
Act.
    Import Administration.--The Committee recommendation 
includes $58,044,000 for the Import Administration unit. Since 
1997, the Committee has increased funding for the Import 
Administration (IA) by more than 70 percent to enforce anti-
dumping (AD) and countervailing (CV) duty laws. Yet, the number 
of AD/CV investigations conducted by the Import Administration 
has decreased significantly. For example, in 2001 the IA 
conducted 95 AD/CV investigations, and in 2002 it conducted 22 
investigations. Of the investigations conducted in 2001, a 
total of 30 investigations, or 32 percent of the total 
investigations conducted in 2001, were related to steel 
imports. In 2003, ITA conducted a total of 20 investigations. 
The Committee is aware that through the second quarter of 2004, 
ITA has conducted a total of 75 investigations.
    The Committee remains concerned about the conduct of 
proceedings involving foreign companies located in non-market 
economies. Special attention must be given to ensure the 
selection of appropriate surrogate producers, including the 
calculation of selling, general, and administrative expenses. 
For example, the costs of water and electricity should be 
consistent across all proceedings involving the same surrogate 
country.
    Office of China Compliance.--The Committee acknowledges the 
efforts of the ITA to create an Office of China Compliance to 
specifically focus on issues affecting small- and medium-sized 
businesses. The recommendation includes language designating 
funding for this purpose. The Committee understands the ITA has 
determined that this office should encompass all nations 
designated as non-market economies. The Committee anticipates 
that China will remain the focus of the vast majority of the 
resources and attention of the Office. This Office was created 
to specialize in AD cases involving China, with special 
attention on small- and medium-sized domestic businesses. The 
Office should consist of experienced investigators, 
accountants, trade analysts, and technical experts to 
aggressively investigate AD cases.
    The Committee directs the Department to report to the 
Committee, no later than September 15, 2004, the number of new 
investigations or administrative reviews of existing dumping 
orders resulting in a finding of zero dumping margin, by 
importer.
    Policy and Negotiations.--The Committee continues its 
direction to the IA to analyze market trends in order to 
anticipate unfair trade practices and consult with foreign 
governments to pre-empt the requirement for an unfair trade 
case, whenever practicable. The Committee understands that to 
date the IA has yet to perform such a trend analysis. Further, 
the Committee continues its direction to the ITA to self-
initiate investigations, and report back to the Committee no 
later than September 15, 2004, on the number and descriptions 
of cases the Department has self-initiated.
    The Committee expects the Department to track all inquiries 
the Department has received from small and medium-sized 
businesses seeking assistance with enforcement of the AD laws 
against imports, including imports from China and India, and 
the resulting actions by the Department on such inquiries. The 
Committee expects the Department to begin tracking the 
information no later than 30 days after enactment of this Act.
    The Committee directs the Department to conduct a study on 
the amount of imports of polyester fibers to determine whether 
or not the levels have changed in the past few years, and 
whether or not nations including Korea are selling material in 
the United States at lower levels than the costs of production. 
The Committee expects the Department to report back to the 
Committee no later than 60 days after enactment of this Act.
    The Committee expects the Department to take all necessary 
actions, including cooperation with other Federal and State 
agencies to control the importation of the snakehead fish, 
Channa micropeltes, in the United States.
    Market Access and Compliance.--The Committee recommendation 
includes $39,087,000 for this purpose. The Committee lauds the 
efforts of the ITA to establish an office of enforcement within 
the Market Access and Compliance unit, to be staffed with 
attorneys, paralegals, and experienced investigators to 
aggressively enforce trade agreements, as directed in the 
Statement of Managers accompanying the conference report on the 
fiscal year 2004 Appropriations Act.
    The Committee recommendation includes 4 new positions and 
$200,000 for the establishment of a dispute settlement 
mechanism or Secretariat in each country, as required by the 
Free Trade Agreements with Singapore and Chile. The Committee 
directs the Department to consult with the Office of the United 
States Trade Representative regarding these new requirements. 
Further, the Committee directs the ITA to provide a detailed 
report to the Committee on the right-sizing methodology 
followed to determine the appropriate size and location of the 
Bureau's overseas presence.
    Executive Direction/Administration.--The Committee 
recommendation includes $26,009,000 for the administrative and 
policy functions of ITA.
    Human Rights Training.--The advancement of human rights and 
the development of economies are not mutually exclusive goals. 
The Committee applauds efforts made by the ITA to promote human 
rights, including expanding the human rights training program 
launched in fiscal year 2003. The Committee appreciates the 
efforts of the ITA to train commercial officers posted in 
Egypt, Israel, Saudi Arabia, Kenya, Kuwait, Morocco, India, and 
the United Arab Emirates. Further, the Committee understands 
that geographic regional training was provided for commercial 
officers serving in the Western Hemisphere and East Asia 
Pacific offices, and that training sessions were held in 
Vietnam and Malaysia. The Committee continues funding of 
$500,000 to ensure that, when counseling U.S. businesses on 
market conditions within a particular country, employees must 
include information on human rights in addition to information 
on rule of law issues and corporate responsibility. Further, 
the Committee continues to direct ITA to provide to the 
Committee quarterly reports on the progress of the human rights 
training program.
    In addition, language is included in the bill designating 
the amounts available for each unit within ITA. In addition, 
ITA is directed to submit to the Committee, not later than 60 
days after the enactment of this Act, a spending plan for all 
ITA units that incorporates any carryover balances from prior 
fiscal years.
    United States and Foreign Commercial Service (US&FCS).--The 
Committee recommendation includes $230,864,000 for the United 
States and Foreign Commercial Service. Bill language is 
included designating funding for an advocacy center, a trade 
information center, and a business center. The Committee 
continues its direction to the United States and Foreign 
Commercial Service to be aggressive in its efforts to expand 
the number and value of U.S. exports.
    Trade Missions.--The Committee directs that all trade 
missions involving Department of Commerce agencies must be 
initiated, coordinated and administered through the ITA.
    The Committee directs the ITA to continue its efforts 
regarding El Salvador, the Caribbean Basin and the Global 
Diversity initiative, and the rural export program, as in 
fiscal year 2004.
    Foreign Currency Valuation.--The Committee directed the 
Secretary of Commerce, in the Statement of Managers 
accompanying the conference report on the 2004 Appropriations 
Act, to report to the Committee on Appropriations on the trade 
and U.S. employment impact of the currency valuation of our 
trading partners including China, Japan, Vietnam, South Korea, 
Taiwan, the Ukraine, and Indonesia. The Committee understands 
that the Office of Manufacturing and Services has developed the 
methodology, collected the necessary data, and identified the 
macroeconomic model to be employed in the required analysis. 
The next phase will require estimates of (1) elasticities for 
imports from and exports to the identified markets and 
substitution between imports from different markets, (2) the 
effects of exchange rate changes on U.S. trade with those 
markets, and (3) the impact of those effects on the U.S. 
economy as a whole. The Committee expects the analysis to be 
completed in the near future, and a final report provided to 
the Committee on Appropriations, no later than September 30, 
2004.
    International Standards.--The Committee commends the 
Department on efforts to ensure that U.S. business interests 
are represented in international standards negotiations. The 
Committee continues its direction to ITA to collaborate with 
NIST, the USTR, and the State Department to reduce trade 
barriers to U.S. business exports. The Committee continues its 
direction to the Department to ensure U.S. standards are 
adopted in international negotiations.
    Travel Expenditures.--The Committee directs the Department 
to increase the number of investigative teams traveling to 
China and India, the sources of most trade complaints, to 
verify documentation of information provided by foreign 
companies. The recommendation provides sufficient resources for 
this purpose and expects the Department to submit quarterly 
reports to the Committee on Appropriations regarding the ITA's 
travel expenditures, including separate breakouts on travel to 
China and India.
    Trade Statistics.--The Committee directs the Office of 
Trade and Economic Analysis (OTEA), to capture, analyze, and 
disseminate data on U.S. trade through user-friendly interfaces 
and new technologies. The improvement of OTEA's ability in the 
areas of data development, data warehousing and data collection 
to support analyzing data from a geographic perspective is 
important to economic forecasting for certain regions of our 
nation.
    The Committee directs the Secretary of Commerce to report 
on whether jobs in food manufacturing (including 
confectionery), cane refining and related industries have been 
lost as a result of the movement of manufacturing facilities 
offshore due, in material part, to the differential between 
U.S. and world sugar prices, and if applicable, the report 
shall include an estimate of the number of jobs lost. The 
estimate is to be for the most recent five-year period for 
which data are available.
    Capital Cost Sharing Program.--Within the amounts provided, 
the Committee recommendation includes $4,459,000, the full 
amount requested, for payments to the State Department for 
capital security costs associated with new worldwide embassy 
construction.
    The recommendation includes restoration of funding, not 
included in the budget request, for two textile-related grant 
programs and an international competitiveness program.

                    Bureau of Industry and Security


                     OPERATIONS AND ADMINISTRATION

    The Committee recommendation includes a total operating 
level of $68,393,000 for the operations and administration of 
the Bureau of Industry and Security (BIS), which includes 
$61,265,000 for operations and administration and $7,128,000 
for Chemical Weapons Convention enforcement. The recommendation 
is $907,000 above the current year level and $8,123,000 below 
the request. Within the total amount available, the 
recommendation includes the following:
    Export Administration.--$33,380,000 is for export 
administration activities, which is $1,521,000 below the 
request and $654,000 above the current operating level. The 
recommendation continues funding for additional export 
licensing personnel provided in fiscal year 2004, and 
$7,128,000 is provided for Chemical Weapons Convention-related 
inspections. The recommendation does not include a new office 
of evaluation as proposed.
    Export Enforcement.--$30,052,000 is for export enforcement 
activities, the same as the current year and $6,123,000 below 
the request level. The Committee supports BIS's export control 
efforts overseas to conduct end-use checks. The Committee 
recommendation does not include requested increases for 10 
full-time equivalents for license condition enforcement and 17 
full-time equivalents for additional enforcement support.
    The Committee directs the BIS to provide a detailed report 
to the Committee detailing the location and responsibilities of 
each overseas attache. Additionally, the report should detail 
the right-sizing methodology followed to determine the 
appropriate size and location of the Bureau's overseas 
presence.
    Management and Policy Coordination.--$4,961,000 is for 
Management and Policy Coordination, the same as the request and 
$835,000 above the current operating level. The recommendation 
continues fiscal year 2004 funding for the information 
technology initiative.
    In addition, the Committee reminds BIS of the requirements 
of section 605 of this Act.

                  Economic Development Administration

    The recommendation includes $320,327,000 for the programs 
and administrative expenses of the Economic Development 
Administration (EDA) for fiscal year 2005, as described below. 
The recommendation is $5,000,000 above the current year and the 
same as the request.

                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

    A total of $289,762,000 is included for fiscal year 2005 
for Economic Development Assistance Programs. The Committee 
continues the traditional programs of the EDA to provide needed 
assistance to communities struggling with long-term economic 
dislocation, as well as sudden and severe economic dislocation. 
Of the amounts provided, $200,827,000 is for Public Works and 
Economic Development, $43,000,000 is for Economic Adjustment 
Assistance, $24,500,000 is for planning, $8,435,000 is for 
technical assistance, including university centers, $12,500,000 
is for trade adjustment assistance, and $500,000 is for 
research.
    The Committee expects EDA to continue to assist communities 
impacted by economic dislocations related to coal and timber 
industry downturns due to environmental concerns at no less 
than the fiscal year 2004 level.
    The Committee directs EDA to provide assistance to an 
applicant for planning under this account only if the applicant 
agrees to make available to the public on request their audited 
statements, annual budgets, and minutes of meetings and agrees 
to provide the public reasonable notice of, and an opportunity 
to attend, their meetings. The Committee further directs EDA to 
provide assistance to an applicant for planning under this 
account only after the applicant files appropriate Federal 
financial disclosure statements.
    The Committee continues to direct EDA to ensure that funds 
provided under this account are targeted to the most severely 
distressed areas, which, absent the assistance provided by the 
EDA, would have little or no access to resources for 
infrastructure development and capacity building. This puts the 
program on firm ground to carry out its purpose to provide the 
``seed capital'' to distressed areas to allow local communities 
to increase their ability to create new economic opportunities 
and jobs in accordance with local priorities.

                         SALARIES AND EXPENSES

    The Committee recommendation includes $30,565,000 for the 
salaries and expenses of the EDA. The Committee continues to 
direct the EDA to aggressively pursue all opportunities for 
reimbursement, deobligations and use of non-appropriated 
resources, including the care and protection of collateral 
accounts, to maximize the operating level.
    The Committee continues to direct that no funding be 
provided for a special headquarters reserve fund.
    In addition, the Committee reminds EDA of the requirements 
under section 605 of this Act regarding reorganization 
proposals.
    The recommendation retains language in the bill to provide 
the authority to use this appropriation to monitor projects 
approved under Title I of the Public Works Employment Act of 
1976, Title II of the Trade Act of 1974, and the Community 
Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency


                     MINORITY BUSINESS DEVELOPMENT

    The Committee recommendation includes $28,899,000 for the 
Minority Business Development Agency (MBDA) for fiscal year 
2005. The recommendation is $343,000 above fiscal year 2004 and 
$5,562,000 below the request. The Committee recommendation 
assumes that the Entrepreneurial Technology Apprenticeship 
Program, now called Emerging Minority Business Leaders, will 
continue to be supported at the fiscal year 2004 level. Funding 
for a proposed new survey is not included.

                Economic and Information Infrastructure

    The Committee recommendation includes under this section 
the Department of Commerce agencies responsible for the 
nation's basic economic and technical information 
infrastructure, as well as the administrative functions to 
oversee the development of telecommunications policy.

                   Economic and Statistical Analysis


                         SALARIES AND EXPENSES

    The Committee recommendation includes $78,211,000, which is 
$4,000,000 above the current year and $10,189,000 below the 
request, for the economic and statistical analysis programs of 
the Department of Commerce, including the Bureau of Economic 
Analysis (BEA), for fiscal year 2005. The Committee has 
provided programmatic increases over the past four years to 
ensure that policy makers have access to more accurate and 
timely economic data. The Committee notes that the BEA has 
continued to receive a rating of ``effective'' in the Program 
Assessment Rating Tool (PART) as part of the President's Fiscal 
Year 2005 budget.
    Off-shoring.--Claims have been made that the transfer of 
American jobs off-shore, also known as off-shoring, is 
contributing to high levels of unemployment among electrical, 
electronics and computer engineers in the United States and 
could have important ramifications for the United States' 
ability to create high-wage, high-technology jobs in the 
future. Unfortunately, policy-makers are currently unable to 
assess either the short-term or the long-term effects of off-
shoring because of the lack of reliable data. As a result, many 
of the questions that Congress and the American people have on 
off-shoring are not now answerable. Some observers argue that 
the impact of off-shoring on high-tech labor markets has been 
overstated, while others argue that there is a crisis. 
Unfortunately, there is no objective way to evaluate either 
claim without better, more reliable information.
    The Committee understands that the Department's Technology 
Administration and the Bureau of Economic Analysis are 
conducting an examination of existing data on the effects of 
off-shoring on our economy and workforce. The Committee 
believes these ongoing efforts must be supplemented and 
significantly augmented with a more comprehensive study that 
will help provide the basis to answer the many important policy 
questions related to off-shoring. Due to the size and 
complexity of the data collection effort and the very real 
limits on the ability of government agencies to conduct surveys 
and collect new data, it is unlikely that any single 
organization or group of individuals would be able to plan and 
implement the proposed study. Language is included directing 
the ESA to provide a grant to the National Academy of Public 
Administration to conduct a more comprehensive study of the 
effects of off-shoring on the U.S. workforce and economy. 
Subcontracts should be awarded as necessary. Information and 
opinion should also be collected from stakeholders in business, 
education, and government, as well as professional associations 
and employee organizations.
    The Economic and Statistics Administration (ESA) is 
responsible for the collection, tabulation and publication of a 
wide variety of economic, demographic and social statistics and 
provides support to the Secretary of Commerce and other 
Government officials in interpreting the state of the economy 
and in developing economic policy.

                          Bureau of the Census

    The Committee recommendation includes a total operating 
level of $773,881,000 for the Bureau of the Census, which is 
$54,715,000 below the request and $149,656,000 above the amount 
provided in fiscal year 2004.

                         SALARIES AND EXPENSES

    The Committee recommendation includes $202,765,000 for the 
salaries and expenses of the Bureau of the Census for fiscal 
year 2005, which includes $138,236,000 for current economic 
statistics, $60,795,000 for current demographic statistics, and 
$3,734,000 for survey development and data services. The 
Committee directs the Bureau to continue to streamline and 
prioritize programs to ensure the highest priority core 
activities are supported. The Committee expects the Bureau to 
be fully reimbursed for any non-core survey conducted for any 
other Federal agency or private organization.
    The Committee notes that the current demographic statistics 
program received a moderately effective rating in the 
President's Fiscal Year 2005 budget.
    The Committee continues its direction regarding the 
production of monthly Export-Import and Trade Balance 
statistics on a North American Industry Classification System 
basis, and the Advanced Technology Trade Imports, Exports, and 
Net Balance By Country in the Bureau's monthly reports. The 
Committee understands that this information will not be 
seasonally adjusted.
    The Bureau is directed to produce a one-time annual report 
for 2004 domestic sock production.
    In addition, the Committee expects that key reports on 
manufacturing, general economic and foreign trade statistics 
will be maintained and issued on a timely basis.
    The recommendation provides for the current statistical 
programs of the Bureau of the Census, which includes 
measurement of the Nation's economy and the demographic 
characteristics of the population. These programs are intended 
to provide a broad base of economic, demographic, and social 
information used for decision-making by governments, private 
organizations, and individuals.

                     PERIODIC CENSUSES AND PROGRAMS

    The Committee recommendation includes a total of 
$571,116,000 for all periodic censuses and related programs in 
fiscal year 2005, which is $139,652,000 above the fiscal year 
2004 level and $37,055,000 below the request.
    Re-engineered Design Process for the 2010 Short-Form Census 
Program.--Of the amounts provided, the recommendation includes 
$173,806,000 for the short-form only Census in 2010, which is 
$9,228,000 below the request and $66,718,000 above the current 
year. The Committee supports the Bureau's efforts to establish 
an early design and planning process to allow sufficient time 
to test the major elements of a simplified, streamlined short-
form census. This new approach should allow the Census Bureau 
to fulfill important constitutional and legal mandates more 
accurately. Further, this new process should reduce the costs 
of repeating the same process conducted in the 2000 census by 
nearly $2 billion. The recommendation includes the following:

                        [In thousands of dollars]

Decennial Census 2010:
    Program Development and Management..................          $6,604
    Content, Questionnaires, and Products...............          12,800
    Field Data Collection & Support.....................          47,375
    Automated Data Collection & Support.................          61,058
    Design, Methodology, and Evaluation.................          29,900
    Census Test and Dress Rehearsal.....................          16,069
                    --------------------------------------------------------
                    ____________________________________________________
      Re-engineered Design Process......................         173,806

    American Community Survey (ACS).--The Committee 
recommendation includes $146,009,000 for the American Community 
Survey, which is $18,991,000 below the request and $81,209,000 
above the current year. The Committee strongly supports the 
Administration's efforts to collect long-form data on an on-
going basis rather than waiting for once-a-decade decennial 
long-form data. The recommendation includes the following:

                        [In thousands of dollars]

Initial Mail Collection.................................         $36,121
Telephone Non-Response Follow-up........................          16,388
Personal Visit Non-Response Follow-up...................          62,763
Puerto Rico.............................................           3,163
IT Infrastructure.......................................           5,526
Data Processing, Weighting & Review.....................          12,521
Data Dissemination......................................           7,478
Partnership and Outreach................................           2,049
                    --------------------------------------------------------
                    ____________________________________________________
      American Community Survey.........................         146,009

    The Committee recommendation includes the full request for 
the American Community Survey with the exception of funding for 
group quarters testing due to the belief that this function may 
be postponed for an additional year without increasing the risk 
to the overall planning process. Further, the Committee 
recommendation does not include a specific amount for project 
management costs for the American Community Survey function.
    Master Address File (MAF)/Topologically Integrated 
Geographic Encoding and Referencing (TIGER).--The Committee 
recommendation includes $80,161,000 for MAF/TIGER Re-
engineering, which is $5,043,000 below the request and 
$1,149,000 above the current year. The Committee supports 
efforts to enhance the MAF/TIGER to include street and address 
information from States, localities, and tribal governments. It 
is in the best interest of the Federal, State, local, and 
tribal communities to make all existing information available 
to the Census Bureau to result in the most accurate database. 
The Committee directs the Secretary of Commerce to take all 
necessary measures to reduce the payment for information 
currently available from certain governments. Further, the 
Committee directs the Secretary of Commerce to work with other 
Departments to gain access to currently available aerial 
photography. Further, the Secretary is directed to utilize 
global positioning system technology and aerial photography to 
update existing information only if these measures are shown to 
be a more cost effective alternative. The recommendation 
includes the following:

                        [In thousands of dollars]

Modern Processing Environment...........................         $10,551
Geographic Partnership Programs.........................           5,447
Evaluations.............................................           6,703
Street Address Location Corrections & GPS...............          49,245
Address Updating System.................................           8,215
                    --------------------------------------------------------
                    ____________________________________________________
      MAF/TIGER Re-Engineering..........................          80,161

    Non-Decennial Programs.--The Committee recommendation 
includes $171,140,000 for non-decennial periodic census 
programs.

                        [In thousands of dollars]

Periodic Censuses:
    Other Periodic Programs:
        Economic Censuses...............................         $68,275
        Census of Governments...........................           5,198
                    --------------------------------------------------------
                    ____________________________________________________
          Subtotal, Economic Programs...................          73,473
                    ========================================================
                    ____________________________________________________
    Demographic Statistics Programs:
        Intercensal Demographic Estimates...............           9,000
        Demographic Survey Sample Design................          11,108
        Electronic Information Collection...............           6,561
        Geographic Support..............................          40,573
        Data Processing Systems.........................          30,425
                    --------------------------------------------------------
                    ____________________________________________________
          Subtotal, Demographic Programs................          97,667
                    ========================================================
                    ____________________________________________________
          Total, Non-Decennial Programs.................         171,140

    Subgroup Enumeration.--The Committee commends the efforts 
of the Census Bureau to work with interested parties to ensure 
that necessary measures will be taken to ensure accuracy in 
enumerating Hispanic subgroups.
    The Committee appreciates the efforts of the Census Bureau 
to consider new options for reporting data reflecting all 
citizens of the United States, including Puerto Rico.

       National Telecommunications and Information Administration

    The Committee recommendation includes a total of 
$17,820,000 for the National Telecommunications and Information 
Administration (NTIA) for fiscal year 2005, which is $6,819,000 
below the request and $33,241,000 below the current year.
    NTIA is responsible for developing domestic and 
international telecommunications and information policy for the 
Executive Branch, ensuring the efficient and effective use of 
the Federal radio spectrum, and administering Federal programs 
that support telecommunications facilities for public 
broadcasting.

                         SALARIES AND EXPENSES

    The Committee recommendation includes $15,282,000 for the 
Salaries and Expenses appropriation of the National 
Telecommunications and Information Administration (NTIA), which 
is $6,819,000 below the request and $832,000 above the current 
year.
    The Committee continues to direct the Administration to 
aggressively pursue all opportunities for reimbursement, 
deobligations, and use of non-appropriated resources, to 
maximize the operating level for this purpose.
    The Committee recommendation and the request assume that an 
additional $34,996,000 will be available to the NTIA in fiscal 
year 2005 through reimbursements from other agencies for the 
costs of providing spectrum management, analysis and research 
services.

    PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION

    The Committee recommendation includes $2,538,000, which is 
the same as the request and $19,231,000 below the current year, 
to provide program management of existing planning and 
construction grants for public television, radio, and non-
broadcast facilities.
    The Committee understands as of April 5, 2004, 246 of the 
355 public television stations were broadcasting via a digital 
signal. These stations serve markets representing 86.3 percent 
of American households with television.
    The Committee understands that although a station is able 
to transmit a digital signal, it may not be able to broadcast 
in digital. The Committee remains concerned that the challenges 
are particularly great for those broadcasters located in, or 
serving, largely rural areas.

                   INFORMATION INFRASTRUCTURE GRANTS

    The Committee recommendation does not include a new 
appropriation for the Information Infrastructure Grants program 
account, the same as the request and $14,842,000 below the 
current year.
    Given the amount of funding that is provided to communities 
through the Universal Service Support Fund, and in light of 
other priorities, the Committee concurs with the 
Administration's elimination of the program. The Committee 
notes the Universal Service Support Fund supported $8.193 
billion for 2003 disbursements for communities--including 
public and private schools, public libraries, rural health care 
providers, low-income neighborhoods, and remote communities, 
such as rural areas--eligible to seek discounts for 
communications services.
    The Committee includes language, as proposed, continuing 
authorities to ensure program administration of prior-year 
funds.

               United States Patent and Trademark Office


                         SALARIES AND EXPENSES

    The Committee recommendation includes $1,523,407,000 for 
the United States Patent and Trademark Office (USPTO) for 
fiscal year 2005, which is $300,947,000 above the current year 
level and the same as the request. Of this amount, 
$1,314,653,000 is to be derived from offsetting fees collected 
in fiscal year 2005, and $208,754,000 is to be derived upon 
enactment of an authorization to increase certain fees in 
fiscal year 2005.
    The Committee includes language providing that, upon 
enactment of authorization legislation, $218,754,000 will be 
collected from increased fees. On March 3, 2004, the House of 
Representatives passed H.R. 1561 by a vote of 379 to 28. The 
Committee understands that $218,754,000 will not be available 
for the United States Patent and Trademark Office until the 
legislation is enacted into law. For this reason the 
Congressional Budget Office scored the President's Request and 
the Committee recommendation at $208,754,000 or $10,000,000 
below the amount stipulated in the bill language.
    The Committee includes language regarding the number of 
positions and full-time equivalents for the examination of 
trademarks and patent applications. Further, language is 
included designating the number of positions and full-time 
equivalents in the programmatic Office of General Counsel, 
including the Office of the General Counsel, Office of the 
Solicitor, Trademark Trial and Appeal Board, Patent Appeals and 
Interferences, General Law Office, and the Office of Enrollment 
and Discipline.
    Within the amounts available, the Committee expects that 
the PTO will continue its relationships with the National 
Inventor's Hall of Fame and Inventure Place, and with the 
International Intellectual Property Institute at no less than 
the levels in fiscal year 2004.
    The Committee reminds the PTO that any changes from the 
funding distribution provided in the bill and report, including 
carryover balances, are subject to the reprogramming procedures 
set forth in section 605 of this Act.
    In addition, PTO is directed to submit to the Committee, 
not later than three months after the enactment of this Act, a 
spending plan that incorporates any carryover balances from 
previous fiscal years and any changes to the patent or 
trademark fee structure.
    Telework.--The Committee commends PTO for its successful 
telework program. The Committee understands that 110 trademark 
examining attorneys, or 44 percent of the examining corps, are 
working from home. Further, the Committee understands that PTO 
will have nearly 30 other trademark professionals in a telework 
program by the end of Fiscal Year 2004. Further, the Committee 
lauds the efforts of the patent examiners and the PTO to 
increase the number of teleworking patent examining attorneys 
to 150, or 60 percent of the patent examiner workforce.
    The PTO is charged with administering the patent and 
trademark laws of the United States. PTO examines patent 
applications, grants patent protection for qualified 
inventions, and disseminates technological information 
disclosed in patents. The PTO also examines trademark 
applications and provides Federal registration to owners of 
qualified trademarks. The PTO advises the Office of the United 
States Trade Representative on enforcement issues in connection 
with free trade agreements and participates in consultations 
with numerous foreign governments on a broad range of issues 
related to the enforcement of intellectual property rights.

                         Science and Technology

    The Committee recommendation includes $3,689,517,000 in 
direct appropriations for the Science and Technology programs 
of the Department of Commerce, including the National Institute 
of Standards and Technology and the National Oceanic and 
Atmospheric Administration, which is $639,331,000 below the 
current year, and $213,744,000 below the request.

                       Technology Administration


                         SALARIES AND EXPENSES

    The recommendation includes $6,547,000 for necessary 
expenses of the Under Secretary for Technology Policy and the 
Office of Technology Policy, which is $204,000 above the 
current year level and $1,747,000 below the request. The 
Committee understands the Office is conducting an assessment of 
the extent and implications of workforce globalization in 
certain sectors of our economy. The Committee continues its 
direction included in the Statement of Managers accompanying 
the Fiscal Year 2004 Appropriations Act regarding business 
strategies and practices, as well as education and training 
programs in countries such as Japan, China, and India. The 
Committee expects the final report to be provided to the 
Committee no later than June 30, 2004.

             National Institute of Standards and Technology

    The Committee includes $524,970,000 for the National 
Institute of Standards and Technology (NIST) for fiscal year 
2005, which is $96,524,000 below the current year and 
$3,501,000 above the request.

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

    The Committee recommendation includes $375,838,000 for the 
Scientific and Technical Research and Services (core programs) 
of the National Institute of Standards and Technology, which is 
$35,095,000 above the current year, and $47,030,000 below the 
request.
    The Committee recommendation includes $338,657,000 and 
1,831 positions to support the full base operating costs of the 
core NIST programs, as requested. In addition, the Committee 
recommendation includes programmatic increases totaling 
$37,181,000 for this account. The Committee expects NIST to 
prioritize funding for programs associated with standards and 
guidelines relating to the national security of the United 
States, including efforts relating to biometric and cyber 
security and programs relating to improvements to the nation's 
manufacturing and services sectors. The Committee strongly 
urges NIST to give priority consideration to Help America Vote 
Act outreach to the election community; expediting work on a 
new voting standards accreditation program; and its work with 
the Technical Guidelines Development Committee working with the 
Election Assistance Commission. NIST is directed to provide in 
advance of the fiscal year 2006 hearings a report detailing 
what steps must be taken to bring its activities in line with 
the timetable established by the Act. Further, the Committee 
directs NIST to provide all necessary equipment for the 
Advanced Measurement Laboratory in Gaithersburg, Maryland.
    The Committee directs the Secretary to submit a spending 
plan for fiscal year 2005 to the Committee no later than 
November 15, 2004.
    The recommendation continues funding of $2,400,000 for a 
telework project and $6,500,000 for a critical infrastructure 
program, both of which received similar funding in fiscal year 
2004.

                     INDUSTRIAL TECHNOLOGY SERVICES

    The Committee recommendation includes $106,000,000 for the 
Industrial Technology Services appropriation of the National 
Institute of Standards and Technology, which is $110,480,000 
below the current year level and $66,810,000 above the request.
    Manufacturing Extension Partnership (MEP) Program.--Recent 
economic downturns have had a devastating effect on the 
manufacturing sector. In an effort to ameliorate some of these 
effects, the Committee recommendation includes $106,000,000 for 
this program in fiscal year 2005, which is $66,810,000 above 
the request and the current year. Federal support for the MEP 
program, combined with State and private sector funding, have 
translated into more jobs, more tax revenue, more exports, and 
a more secure supply source of consumer and defense goods.
    The Committee directs NIST to provide assistance to an 
applicant under the MEP program only if the applicant agrees to 
make available to the public on request their audited 
statements, annual budgets, and minutes of meetings and agrees 
to provide the public with reasonable notice of, and an 
opportunity to attend, their meetings. The Committee further 
directs NIST to provide assistance to an applicant under the 
MEP program only after the applicant files appropriate Federal 
financial disclosure statements.
    Advanced Technology Program.--The Committee adopts the 
President's request, and does not include funding for this 
program.

                  CONSTRUCTION OF RESEARCH FACILITIES

    The Committee recommendation includes $43,132,000 for the 
construction and major renovations of the NIST campuses at 
Boulder, Colorado, and Gaithersburg, Maryland.
    The Committee directs NIST to submit a quarterly report to 
the Committee on the progress of all construction projects, 
beginning with the second quarter of fiscal year 2005.
    This account supports all NIST activities by providing 
state of the art facilities necessary to carry out the NIST 
mission.

            National Oceanic and Atmospheric Administration


                  OPERATIONS, RESEARCH, AND FACILITIES

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommendation includes a total program level 
of $2,337,000,000 under this account for the coastal, 
fisheries, marine, weather, satellite and other programs of the 
National Oceanic and Atmospheric Administration (NOAA). This 
total funding level includes $2,245,000,000 in direct 
appropriations, a transfer of $79,000,000 from balances in the 
``Promote and Develop Fishery Products and Research Pertaining 
to American Fisheries'' account, and $13,000,000 in deobligated 
balances of prior year appropriations. The direct appropriation 
of $2,245,000,000 is $398,251,000 below the fiscal year 2004 
level and $135,841,000 below the request. The recommended 
funding level for NOAA terminates many one-time, non-recurring 
projects, as requested by the Administration, and further 
reflects the deferral of funding for some programs. The 
Committee notes that requested funding levels, especially for 
oceans and fisheries programs, are significantly below fiscal 
year 2004 enacted levels. The recommendation reflects the need 
to defer lower priority programs in light of scarce 
discretionary resources and extraordinary requirements above 
the requested funding levels in other critical areas within the 
bill. As in fiscal year 2004, the recommendation does not 
include language to transfer $3,000,000 from prior year 
receipts relating to the coastal zone management program.
    Language is included in the bill specifying the total 
amount of direct obligations available for each of the NOAA 
line offices and other related activities funded through this 
account. Language is continued from fiscal year 2004 
prohibiting the application of any general administrative 
charge against assigned activities under NOAA, and new language 
is included to limit the total amount provided for NOAA 
corporate services administrative overhead to $173,600,000. The 
Committee notes that line office personnel and overhead costs 
will be funded from the totals provided for each respective 
line office. However, funding for common corporate services and 
for a payment to the Department's Working Capital Fund, 
requested under each line office, have instead been provided 
directly as separate line items in the Program Support budget. 
The Committee directs NOAA to submit a report sixty days after 
enactment of this Act, separately displaying the amount planned 
for line office personnel and overhead and the resulting 
changes to programmatic budget line items within each line 
office. The Committee further directs NOAA to submit, 
simultaneously with the submission of the fiscal year 2006 
budget request, a report that clearly delineates the positions, 
full-time equivalents, and salary-related costs within the 
request for each line office. This report shall reflect 
adjustments for actual on-board staff in fiscal year 2004 and 
estimated staffing levels in fiscal year 2005.
    The following narrative descriptions and tables identify 
the specific activities and funding levels included in this 
Act:
    National Ocean Service (NOS).--The recommendation provides 
$351,000,000 for NOS operations, research and facilities. The 
recommendation includes amounts above the request for Mapping 
and Charting and to address the hydrographic survey backlog 
detailed in the National Survey Plan. The Committee directs 
NOAA to provide to the Committee, no later than January 31, 
2005, a report documenting the updated composition of the 
backlog and an implementation plan for addressing the backlog. 
Within the amount provided for Tide and Current Data, funding 
is continued for the Great Lakes National Water Level 
Observation Network (NWLON) program. The amount recommended for 
Geodesy includes funding for programs in North Carolina, 
Kentucky, Wisconsin, Alabama, and Washington. The Committee 
expects NOAA to work with the private mapping community to 
develop a strategy for expanding contracting with private 
entities to minimize duplication and take maximum advantage of 
private sector capabilities in fulfillment of NOAA's mapping 
and charting responsibilities. NOAA shall submit a report on 
such a strategy to the Committee no later than November 1, 
2004. This report shall include a description of activities 
currently performed by NOAA, and activities performed by 
contractors, accompanied by cost and percentage information for 
each.
    Within the amount provided for Ocean Assessment, the 
Committee directs NOAA to continue funding for the JASON 
project, Chesapeake Bay activities, Monterey Bay B-WET, and 
Lake Pontchartrain assessment, and to develop a competitive 
national program to continue partnerships in coastal observing. 
The recommendation for NOS includes the full amount requested 
under NOS and the National Marine Fisheries Service for NOAA's 
Coral Reef programs, including the continuation of program 
activities in Florida and Puerto Rico. Within the amount 
provided for Response and Restoration, the recommendation 
includes requested funds for Pribilof Islands cleanup; funds 
for NOAA to consult with and provide assistance to the 
Departments of Defense and the Interior and the Environmental 
Protection Agency in carrying out responsibilities to clean up 
Vieques Island, Puerto Rico; and funds for the aquatic 
resources environmental initiative.
    The recommendation provides requested funding amounts for 
the Coastal Zone Management grants program, the National 
Estuarine Research Reserve System, and Marine Protected Areas. 
The recommendation includes $30,000,000 for the Marine 
Sanctuaries Program, which is $6,000,000 below the request. The 
Committee notes that the program received a one-time increase 
of $17,000,000 in fiscal year 2004, and that NOAA has yet to 
propose a final spending plan for fiscal year 2004 funds. The 
recommendation anticipates that carryover balances will be 
available in fiscal year 2005 to supplement new appropriations 
for the program. Within the amount available for the program in 
fiscal year 2005, the Committee expects that funds will be 
allocated for conservation activities at the Monitor National 
Marine Sanctuary and Monterey Bay National Marine Sanctury 
Explortion Center.
    National Marine Fisheries Service (NMFS).--The 
recommendation provides $525,700,000 for NMFS operations, 
research and facilities. The recommendation for Science and 
Technology continues funding for horseshoe crab research, tuna 
tagging, bluefish/striped bass research, and highly migratory 
shark research. The recommendation for Science and Technology 
also includes consolidated funding for operations, maintenance 
and lease costs of all NMFS labs. In future NMFS base budget 
requests, the Committee expects NOAA to include costs 
associated with NMFS labs that in previous fiscal years have 
been funded and requested on separate line items. The 
recommendation includes increased resources above the request 
to expand stock assessments, including the continuation of 
funding for implementation of a West Coast in-season harvest 
data collection system, and for a cooperative fisheries 
investigation program. The recommendation includes requested 
funding levels for Columbia River facilities and hatcheries, 
and Pacific Salmon Treaty activities. Within the amount 
provided for Protected Species Management, the Committee 
expects NOAA to continue current year funding for National Fish 
and Wildlife Foundation species management programs. Within the 
amount provided for Sustainable Habitat Management, the 
recommendation continues funding for Chesapeake Bay studies, 
fisheries management, and education programs; native and non-
native oyster research and restoration; blue crab research; and 
the Narragansett Bay marine education program. Within the 
amount provided for Fisheries Habitat Restoration, the 
Committee directs NOAA to continue funding for the Bronx River 
Restoration and Pinellas County Environmental Fund programs. 
Within the amount provided for Enforcement and Surveillance, 
the Committee encourages NOAA to work with partner entities in 
the development and use of forensic tools to improve fisheries 
law enforcement capabilities.
    The Committee directs NOAA to assign high priority to 
Saltonstall-Kennedy grant proposals for research and education 
efforts to protect high-risk consumers from naturally occurring 
bacteria associated with raw molluscan shellfish. The Committee 
expects NOAA to continue funding provided to the Gulf and 
Atlantic Foundation for education programs regarding Vibrio 
vulnificus.
    Oceanic and Atmospheric Research (OAR).--The recommendation 
includes $318,500,000 for OAR operations, research and 
facilities. The recommendation includes $68,500,000 for the 
Climate and Global Change program, an increase of $9,175,000 
above the request. The recommendation also continues funding 
for the Climate Change Research Initiative at the fiscal year 
2004 level. The recommendation for Weather and Air Quality 
Research includes requested funding for tornado severe storm 
research. The amount provided for Invasive Species and 
Partnership Programs continues funding for aquatic ecosystems 
programs, and programs regarding ballast water impacts in the 
Great Lakes and the Chesapeake Bay. No later than May 1, 2005, 
NOAA shall submit a report to the Committee detailing the 
effectiveness of ballast water exchange programs in controlling 
invasive species in the Great Lakes basin and the Chesapeake 
Bay. The report shall also include recommendations for 
additional measures to strengthen controls on invasive species. 
The Committee also expects NOAA to report to the Committee by 
July 31, 2005, on the development of forecasting models for 
beach closings in southern Lake Michigan, with specific 
attention to possible impacts of sewage overflows.
    The recommendation also provides $60,000,000 for the 
National Sea Grant College Program, which is $2,542,000 above 
the request. The amount recommended for Information Technology, 
R&D, and Science Education includes funding, as requested, for 
the Education Partnership Program/Minority Serving 
Institutions, which was funded under Program Support in 
previous years.
    The Committee strongly urges NOAA to carefully coordinate 
its efforts to protect and preserve the Great Lakes with other 
Federal, State, and local entities. The Committee encourages 
NOAA to pay particular attention to the grave threats posed to 
this critical ecosystem by invasive species like the Asian carp 
and sea lamprey, mercury contamination, sewage overflows, 
destruction of coastal and inland wetlands, and the lack of 
progress in cleaning up contaminated Great Lakes harbors. The 
Committee directs NOAA, in consultation with EPA, to report to 
the Committee on mercury contamination in the Great Lakes, with 
trend and source analysis, by July 31, 2005. The recommendation 
continues current year funding for a Great Lakes toxicity 
study.
    The Committee acknowledges the ongoing work of the NOAA 
Research Review Team, which has produced a draft report and is 
currently collecting comments. The Committee directs NOAA to 
submit a complete and comprehensive response to the Research 
Review Team's recommendations no later than 30 days after the 
publication of the final report. The Committee continues to 
believe that resource limitations require NOAA to act 
expeditiously on laboratory consolidation. The Research Review 
Team report provides a necessary first step toward 
rationalization of the enterprise-wide research effort. To 
continue this effort, the Committee expects NOAA to dedicate 
funds provided under Program Support-Corporate Services to 
establish an external task team to evaluate the structure and 
function of ecosystem research in NOAA labs, moving toward 
rationalization and consolidation. The Committee expects that 
this task team will be made up of experts in science and 
research who are not currently employed by NOAA or currently 
serving on any of NOAA's Federal Advisory Committees. The 
Committee further expects that the task team will consider 
opportunities for enhancing functional and thematic alignment 
of research activities within NOAA, utilizing, where 
appropriate, the geographic alignment of laboratories within 
NOAA.
    National Weather Service (NWS).--The recommendation 
provides $698,700,000 for National Weather Service operations, 
research and facilities. The recommendation represents full 
requested funding for NWS, adjusted for amounts for 
administrative costs provided directly under Program Support.
    The recommendation for Local Warnings and Forecasts 
includes requested funding for the Space Environment Center. 
The recommendation adopts the proposal to move this program 
from OAR to NWS, reflecting the important operational services 
provided by the Center. The amount provided for Local Warnings 
and Forecasts also continues funding for the multi-year, multi-
disciplinary hurricane mitigation cooperative research 
initiative, and includes funding for air quality forecasting 
programs including an effort to establish air quality and 
meteorological monitoring equipment throughout the Shenandoah 
Valley and utilize sophisticated computer modeling software and 
data processing hardware to gather, analyze and disseminate 
real time and predictive information to local decision makers, 
research programs, and the general public. Within the amount 
provided for Weather Radio Transmitters, the Committee expects 
NOAA to address any lack of weather radio coverage in Harper 
County, Kansas, and in the Overton-Pickett County emergency 
communication district of Tennessee, in order to increase 
warning times in the event of dangerous storms and tornados.
    National Environmental Satellite, Data and Information 
Service (NESDIS).--The recommendation provides $139,500,000 for 
NESDIS operations, research and facilities. The recommendation 
represents full requested funding for NESDIS, adjusted for 
amounts for administrative costs provided directly under 
Program Support. The recommendation includes requested funding 
levels for satellite data product processing and distribution, 
and for satellite product development, readiness and 
application. The recommendation for Data Centers and 
Information Services continues environmental data archiving, 
access and assessment activities funded in fiscal year 2004. 
The Committee encourages NESDIS to continue funding for 
Regional Climate Centers.
    Program Support.--The recommendation provides $303,600,000 
for Program Support, including $173,600,000 for corporate 
services, $16,000,000 for facilities, and $114,000,000 for 
marine and aviation operations. The recommendation for 
corporate services reflects the consolidation and direct 
funding of all such costs under Program Support. The amount 
provided for corporate services includes $57,000,000 for 
consolidated corporate administrative costs, and $41,000,000 
for a payment to the Department's Working Capital Fund. In the 
request, these costs were spread to all NOAA line office 
budgets. The recommendation continues language prohibiting the 
charging of line office program budgets for costs of corporate 
services.
    The Committee understands that NOAA may transfer a surplus 
vessel to the Utrok Atoll Local Government under Public Law 
108-219. The Committee expects NOAA to report to the Committee 
by September 30, 2004, describing any plans to carry out this 
authority.


               PROCUREMENT, ACQUISITION AND CONSTRUCTION

    The recommendation includes $840,000,000 for the 
Procurement, Acquisition and Construction account, which is 
$139,708,000 below the current year level and $58,510,000 below 
the request. The recommendation assumes that an additional 
$3,000,000 will be available from prior year deobligations, 
resulting in a total program level of $843,000,000. The 
recommendation includes language making any use of deobligated 
funds provided under this heading in previous years subject to 
the reprogramming procedures set forth in section 605 of this 
Act.
    The recommendation includes requested funding levels for 
Weather and Climate Systems Acquisition and Satellite Systems 
Acquisition. With regard to the N-Prime program, the Committee 
notes that NOAA has not requested any additional funds for 
recovery costs related to the incident that resulted in damage 
to the satellite, nor has the Committee included funds to 
address any additional costs. The Committee expects NOAA to 
keep the Committee informed of the status of the N-Prime 
satellite.
    The Committee directs NOAA to submit to the Committee, no 
later than 60 days after the enactment of this Act, an updated 
long range facilities plan, along with a corresponding proposed 
spending plan for all resources allocated for facilities 
renovation and construction costs in fiscal year 2005.
    Within the amount provided for Aquatic Resources Program 
Initiatives, the Committee expects NOAA to continue funding for 
the Aquatic Resources, Conservation Institute and AMNH marine 
environments initiatives, which were funded in fiscal year 
2004.
    The following table identifies the specific activities and 
funding levels included in this Act:



                    PACIFIC COASTAL SALMON RECOVERY

    The recommendation includes $80,000,000 for conservation 
and habitat restoration and recovery grants for endangered and 
threatened Pacific salmon populations, which is $9,052,000 
below the current year and $20,000,000 below the request. The 
recommendation continues the guidance in the fiscal year 2004 
House report and Conference report regarding the allocation of 
funds under this account for implementation of the State of 
Washington's Forest and Fish report and for mass marking 
equipment used at Federal hatcheries in the State of 
Washington. As in the current fiscal year, the Committee 
intends that the State of Idaho shall be eligible to receive 
funding under this account.
    The Committee notes with concern the program assessment 
rating for this program contained in the President's budget for 
fiscal year 2005, which concludes that results have not been 
demonstrated despite over $436,000,000 in total appropriations 
over the past five fiscal years. The assessment notes that 
performance measures have still not been developed, that 
project effects on Pacific salmon stocks are still unknown, and 
that the program has not been able to allocate funds based on 
recovery needs of specific salmon populations.
    The Committee understands that NOAA recently announced 
status reviews and proposed listing determinations for 27 
evolutionary significant units (ESUs) of Pacific salmon and 
steelhead. NOAA's proposed listings identify four endangered 
and 23 threatened ESUs. The Committee directs NOAA to finalize 
annual performance measures immediately and to allocate fiscal 
year 2005 funds toward protection and recovery of the 27 ESUs 
that NOAA has determined are most at risk. The Committee 
expects that such an allocation will represent a significant 
advancement in the achievement of recovery goals even within a 
reduced annual appropriation.
    While specific performance measures have yet to be 
implemented, the Committee notes that 23 of the 27 ESUs 
reviewed have been observed to have positive trends over the 
past four years. Upper Columbia River steelhead and Sacramento 
River winter-run chinook populations have improved sufficiently 
to warrant a change of status from endangered to threatened. 
Other runs such as Middle Columbia River steelhead and Oregon 
Coast coho are nearing recovery. This is encouraging evidence 
that Federal, State, local, and tribal salmon recovery efforts 
may be a contributing factor in these recoveries.

                      FISHERMEN'S CONTINGENCY FUND

    The recommendation does not include new appropriations for 
the Fishermen's Contingency Fund. The Committee understands 
that the Department had unobligated balances of $1,512,000 in 
this account at the beginning of fiscal year 2004. The 
Committee anticipates that this amount will be sufficient to 
satisfy claims by vessel owners through fiscal year 2005.

                     FOREIGN FISHING OBSERVER FUND

    The recommendation does not include new appropriations for 
the Foreign Fishing Observer Fund. The Committee understands 
that the Department had unobligated balances of $1,683,000 in 
this account at the beginning of fiscal year 2004. The 
Committee anticipates that this amount will be sufficient to 
cover costs incurred in placing observers aboard foreign 
fishing vessels.

                   FISHERIES FINANCE PROGRAM ACCOUNT

    The recommendation includes requested language under this 
heading which will support loan programs to stretch debt 
service for existing fishing efforts, without increasing 
capacity. The Committee notes that these loan programs do not 
require an appropriation for subsidy costs. The recommendation 
includes language designating a total principal amount of 
direct loans of $30,000,000 for traditional loans, fishing 
capacity reduction programs, individual fishing quotas, 
aquaculture facilities, reconditioning of fishing vessels for 
the purpose of reducing bycatch or reducing capacity in an 
overfished fishery, and the purchase of assets sold at 
foreclosure instituted by the Secretary of Commerce.

                        Departmental Management


                         SALARIES AND EXPENSES

    The Committee recommendation includes $52,109,000 for costs 
of managing the Department of Commerce, $5,318,000 above the 
current year, and $3,912,000 below the request. The 
recommendation includes language designating $1,621,000 and 12 
full-time equivalents for the legislative affairs function of 
the Department.
    The Committee notes that the Department is situated at 14th 
Street and Constitution Avenue and part of the Federal Triangle 
zone in Washington, D.C. The Committee understands that this 
building is the only Federal building in the Federal Triangle 
zone, including the Department of Justice, the Internal Revenue 
Service, the Ronald Reagan Building and the Ariel Rios 
building, that has not undergone window upgrades. The Committee 
strongly urges the Department and the Administration to use all 
necessary means to cover the full costs of these mitigation 
efforts as soon as practicable. The Committee reminds the 
Department and the Administration that the Congress passed the 
2001 Emergency Supplemental Appropriations Act for Recovery 
from and Response to Terrorist Attacks on the United States, 
Public Law 107-38. The Committee notes that funding was 
provided to the United States Patent Office, a fully fee-funded 
entity, for the costs of security upgrades from this Fund. The 
Committee has provided sufficient regular and emergency 
appropriations to cover such necessary security costs.
    This appropriation provides for the Office of the Secretary 
and for staff offices of the Department, which assist in the 
formulation of policy, management, and administration.
    Office Relocations.--The Committee continues to direct the 
Department to submit quarterly reports providing details of all 
office moves, openings, reductions and closings, and the costs 
associated with all moves. The Committee reminds the Department 
of the requirements to submit reprogramming notifications under 
section 605 of the Act.

                      OFFICE OF INSPECTOR GENERAL

    The Committee includes $22,249,000 for the Inspector 
General for fiscal year 2005, which is $1,355,000 above the 
current year level and the same as the request.

               General Provisions--Department of Commerce

    The Committee recommends the following general provisions 
for the Department of Commerce, similar to provisions that were 
included in the fiscal year 2004 Appropriations Act:
          Section 201 of the bill making Department of Commerce 
        funds available for advanced payments only upon 
        certification of officials designated by the Secretary 
        that such payments are considered to be in the public 
        interest;
          Section 202 making appropriations for the Department 
        in the bill for Salaries and Expenses available for 
        hire of passenger motor vehicles, and for services, 
        uniforms and allowances as authorized by law;
          Section 203 providing the authority to transfer funds 
        between Department of Commerce appropriation accounts 
        and requiring notification to the Committee of certain 
        actions;
          Section 204 providing that any costs incurred by the 
        Department in response to funding reductions shall be 
        absorbed within the total budgetary resources available 
        to the Department and shall not be subject to the 
        reprogramming limitations set forth in this Act.
    The recommendation includes new language, as:
          Section 205, prohibiting the use of Commerce 
        Department funds for the purpose of reimbursing the 
        Unemployment Trust Fund or any other account of the 
        Treasury to pay unemployment compensation for temporary 
        census workers.

                        TITLE III--THE JUDICIARY

    The funds recommended by the Committee in Title III of the 
accompanying bill are for the operation and maintenance of 
United States Courts and include the salaries of judges, 
magistrates, probation and pretrial services officers, and 
supporting personnel and other expenses of the Federal 
Judiciary.
    The Committee's recommendation provides $5,545,865,000, 
which is an increase of $414,429,000 above the fiscal year 2004 
level and $158,761,000 below the request. Of the total 
provided, $5,213,289,000 is derived from general purpose 
discretionary funds and $332,576,000 is scored as mandatory 
spending. The recommendation includes increases to provide 
inflationary pay and benefit adjustments for court support 
staff; to enhance court security measures; to increase the 
number of positions to handle workload increases; and to 
support the Judiciary's core information technology 
infrastructure.
    In addition to direct appropriations, the Judiciary 
collects fees and has various carryover authorities. The 
Judiciary uses these non-appropriated funds to offset its 
direct appropriation requirements. The Judiciary's fiscal year 
2005 budget identified a total of $339,153,000 in fees, 
reimbursables, and carryover to be available to reduce 
appropriation requirements. Consistent with prior year 
practices, the Committee expects the Judiciary to submit a 
financial plan, allocating all sources of available funds 
including appropriations, fee collections, and carryover 
balances. The Judiciary should consider this financial plan to 
be the baseline for determining if reprogramming notification 
is required. The Committee expects the plan to be submitted 
within 45 days after enactment of this Act.
    The Committee understands that some courts and U.S. 
Attorneys Offices, such as those along the Southwest Border, 
have expedited disposition or ``fast track'' programs where 
lower sentences are offered for certain non-violent drug and 
immigration cases in return for plea agreements and agreements 
not to appeal. The courts use these streamlined procedures to 
expedite the disposition of these cases. The Committee 
understands that the Southwest Border courts could not manage 
their criminal caseloads without this program and that it 
reduces costs throughout the criminal justice system including 
costs for jurors, interpreters, marshals, prosecutors, Federal 
defenders, district and appellate courts, detention, and 
incarceration. The Committee directs the Judiciary to submit a 
report within 45 days of enactment of this Act providing a list 
of the fast track programs operating throughout the country, 
including an estimate of the Judiciary resources saved using 
these programs. The report shall also discuss opportunities to 
expand fast track programs to other districts.

                   Supreme Court of the United States


                         SALARIES AND EXPENSES

    The Committee recommends an appropriation of $58,122,000 
for fiscal year 2005 for the salaries and expenses of the 
Justices and their supporting personnel, and the cost of 
operating the Supreme Court, excluding the care of the building 
and grounds. The recommendation is $3,325,000 above the fiscal 
year 2004 level and is the same as the request for this 
account. The recommendation provides inflationary and other 
standard adjustments. It also includes an increase for 
additional staff to support operations of the Court.
    As noted in the fiscal year 2005 budget hearing for the 
Supreme Court, the Committee wants to ensure that the public is 
provided sufficient insight into the Supreme Court's 
operations. Cost estimates indicate that providing a printed 
daily digest of Supreme Court proceedings, including briefs, 
oral arguments, and opinions, would be cost prohibitive. 
However, the Committee encourages the Supreme Court to pursue 
internet and audio release of Court proceedings in near real-
time. Within 30 days after enactment of this Act, the Committee 
requests a report on providing improved public access to 
Supreme Court proceedings.

                    CARE OF THE BUILDING AND GROUNDS

    The Committee recommends an appropriation of $9,979,000 for 
fiscal year 2005 for personnel and other services relating to 
the Supreme Court building and grounds, which is supervised by 
the Architect of the Capitol (AoC). The recommendation is 
$600,000 below the request. The Committee has been assured by 
AoC staff that the requested modifications to the Supreme 
Court's kitchen can be deferred and that no funds are needed in 
fiscal year 2005.
    The Committee remains concerned about some aspects of the 
Supreme Court's modernization project. It appears that some of 
the renovation costs initially included in the modernization 
project may have been removed and requested separately in the 
fiscal year 2005 request. The Committee urges the Supreme Court 
and the AoC to remain diligent in their efforts to control the 
costs of the project, but expects to be informed if any changes 
to the scope of the original project are made. In future budget 
requests, the Committee expects the ``Care of the Building and 
Grounds'' request to clearly identify items related to 
modernizing the Court. The Supreme Court and the AoC should 
provide to the Committee any information pertaining to the 
Court's approval of the visitor screening facility plan, 
including options considered (including a connection to the 
Capitol Visitors' Center) and related costs.
    Language in the bill allows funds to remain available until 
expended.

         United States Court of Appeals for the Federal Circuit


                         SALARIES AND EXPENSES

    The Committee recommends an appropriation of $22,936,000 
for fiscal year 2005 for the salaries and expenses of the 
United States Court of Appeals for the Federal Circuit. The 
recommendation is $2,468,000 above the fiscal year 2004 
appropriation and $2,071,000 below the request.
    The recommendation includes funding for inflationary 
adjustments, increased contractual costs for Court Security 
Officers, and additional perimeter security.

               United States Court of International Trade


                         SALARIES AND EXPENSES

    The Committee recommends an appropriation of $14,888,000 
for fiscal year 2005 for the salaries and expenses of the 
United States Court of International Trade. The Committee 
recommendation is $185,000 below the request and $950,000 above 
the fiscal year 2004 level.

    Courts of Appeals, District Courts, and Other Judicial Services


                         SALARIES AND EXPENSES

    The Committee recommends an appropriation of $4,177,244,000 
for the operations of the regional courts of appeals, district 
courts, bankruptcy courts, the Court of Federal Claims, and 
probation and pretrial services offices. The recommendation is 
$143,000,000 below the request, and $222,208,000 above the 
fiscal year 2004 appropriation.
    The Committee understands that the Judiciary's staffing, 
operations and maintenance, and information technology 
resources are allocated to the courts according to formulas 
used to equitably distribute resources based on the actual 
workload of each district. The Committee believes this is the 
optimal method of making such allocations and expects the 
Judiciary to continue to allocate its resources using the 
formulas approved by the Judicial Conference. The Committee 
also expects the Administrative Office to periodically update 
the formulas to ensure their accuracy.
    The recommendation shifts funding for Federal Protective 
Service (FPS) costs from this account to the ``Court Security'' 
account. The Committee is concerned about the large increase 
anticipated for FPS costs in fiscal year 2005 and expects a 
sufficient justification for these costs to be provided before 
any payment is rendered.
    The recommendation includes a $74,594,000 program increase 
for the courts' staffing and operating expenses. In fiscal year 
2004, the courts were forced to take adverse personnel actions 
including reductions-in-force, early retirements, and employee 
furloughs. The recommendation will provide 745 additional full-
time-equivalents, restoring the courts to the fiscal year 2003 
level of on-board staff and providing an increase of 100 
additional staff to address an increased workload.
    The recommendation includes an increase of $3,539,000 for 
the cost of eight new magistrate judges and their associated 
staff to assist in districts with heavy caseloads. The 
recommendation also includes $6,207,000 for critical 
information technology increases.
    The recommendation also includes an increase of $8,881,000 
for probation and pretrial services offices to fund additional 
costs associated with drug testing and treatment, alternatives 
to pretrial detention, mental health treatment, electronic 
monitoring, and other related contract costs. The Committee 
recognizes that the number of offenders under the supervision 
of probation officers continues to increase. The Committee also 
recognizes that the number of high-risk offenders under 
supervision after serving prison terms has also increased. The 
Committee's recommendation provides these funds to enhance the 
Judiciary's ability to supervise offenders.
    Bill language is included permitting $27,817,000 to remain 
available until expended for space alteration projects and for 
furniture costs related to new space alteration and 
construction projects.

                 VACCINE INJURY COMPENSATION TRUST FUND

    The Committee recommends a reimbursement of $3,471,000 for 
fiscal year 2005 from the Special Fund to cover expenses of the 
Claims Court associated with processing cases under the 
National Childhood Vaccine Injury Act of 1986. This amount is 
$312,000 above the amount available in fiscal year 2004 and the 
same as the request. The recommendation provides for one 
additional special master and staff needed because of an 
increase in case filings.

                           DEFENDER SERVICES

    The Committee recommends an appropriation of $676,469,000 
for fiscal year 2005. The recommendation is $78,353,000 above 
the fiscal year 2004 level and $5,143,000 below the request.
    This account provides funding for the operation of the 
Federal Public Defender and Community Defender organizations 
and for compensation and reimbursement of expenses of panel 
attorneys appointed pursuant to the Criminal Justice Act (CJA) 
for representation in criminal cases.
    The recommendation provides panel attorneys with an 
inflationary rate increase and increases the hourly rate for 
representation in capital cases from $127 to $159. The 
recommendation also includes an increase of $45,863,000 above 
the fiscal year 2004 appropriation for additional 
representations. Finally, the recommendation provides an 
increase of $16,525,000 to account for carryover balances used 
to fund the fiscal year 2004 program.

                    FEES OF JURORS AND COMMISSIONERS

    The Committee recommends an appropriation of $62,800,000. 
This amount is $5,587,000 above the fiscal year 2004 level and 
the same as the request.

                             COURT SECURITY

    The Committee recommends an appropriation of $379,580,000 
for Court Security for fiscal year 2005 to provide for 
necessary expenses of security and protective services for the 
United States Courts in courtrooms and adjacent areas. This is 
an increase of $105,000,000 above the fiscal year 2004 level 
and $3,702,000 below the request.
    The recommendation shifts funding from the ``Salaries and 
Expenses'' account for Federal Protective Service costs to this 
account, as requested. The recommendation provides for 
inflationary increases, for additional equipment and security 
systems, and for new contract court security officers. The 
recommendation also funds the program increase for additional 
staff to assist the USMS in managing the judicial facility 
security program.
    The Committee remains concerned about the administration of 
this program by the USMS and the Administrative Office of the 
U.S. Courts (AO) and directs the USMS and AO to submit 
quarterly reports to the Committee on courthouse security 
equipment and systems spending throughout fiscal year 2005.
    Bill language is included allowing up to $15,000,000 to 
remain available until expended.

           Administrative Office of the United States Courts


                         SALARIES AND EXPENSES

    The Committee recommends an appropriation of $68,635,000 
for the salaries and expenses of the Administrative Office of 
the United States Courts (AO), which is $3,330,000 above the 
fiscal year 2004 level and $3,519,000 below the request.
    The AO provides administrative and management support to 
the United States Courts, including the probation and 
bankruptcy systems. It also supports the Judicial Conference of 
the United States in determining Judiciary policies, developing 
methods to allow the courts to conduct business efficiently and 
economically, and enhancing the use of information technology 
in the courts.

                        Federal Judicial Center


                         SALARIES AND EXPENSES

    The Committee recommends an appropriation of $21,737,000 
for the salaries and expenses of the Federal Judicial Center 
for fiscal year 2005, which is $523,000 above the fiscal year 
2004 level and $389,000 below the request.
    The Center improves the management of Federal judicial 
dockets and court administration through education for judges 
and staff, and research, evaluation, and planning assistance 
for the courts and the Judicial Conference.

                       Judicial Retirement Funds


                    PAYMENT TO JUDICIARY TRUST FUNDS

    The Committee provides $36,700,000 for payments to the 
Judicial Officers' Retirement Fund, the Judicial Survivors' 
Annuities Fund, and the Claims Court Judges Retirement Fund for 
fiscal year 2005. This amount is the same as the budget request 
and $7,700,000 above the fiscal year 2004 level. These payments 
are considered mandatory for budget scorekeeping purposes.
    These Funds cover the estimated annuity payments to be made 
to retired bankruptcy judges, magistrate judges, Claims Court 
judges, and spouses and dependent children of deceased judicial 
officers.

                  United States Sentencing Commission


                         SALARIES AND EXPENSES

    The Committee recommends $13,304,000 for the salaries and 
expenses of the United States Sentencing Commission for fiscal 
year 2005, which is $1,080,000 above the fiscal year 2004 
appropriation and $152,000 below the request.
    The purpose of the Commission is to establish, review, and 
revise sentencing guidelines, policies, and practices for the 
Federal criminal justice system. The Commission is also 
required to monitor the operation of the guidelines and to 
identify and report necessary changes to the Congress.
    The Committee understands that the Commission is currently 
conducting studies on recidivism, mandatory minimum penalties, 
and drug offenses. The Committee is pleased that the Commission 
is studying these issues and expects to be kept informed of the 
progress of these studies. The Commission plays an important 
role in keeping the Congress, the Administration, and the 
public informed on the effectiveness of sentencing guidelines.
    The Committee's recommendation provides for certain 
inflationary adjustments and six additional positions to keep 
pace with workload changes.

                   General Provisions--the Judiciary

    The Committee has included the following general provisions 
in the bill for the Judiciary:
          Section 301 includes language, included in previous 
        Appropriations Acts, to permit funds in the bill for 
        salaries and expenses for the Judiciary to be available 
        for employment of experts and consultant services as 
        authorized by 5 U.S.C. 3109.
          Section 302 includes language, included in previous 
        Appropriations Acts, which permits up to 5 percent of 
        any appropriation made available for fiscal year 2005 
        to be transferred between Judiciary appropriations 
        accounts provided that no appropriation shall be 
        decreased by more than 5 percent or increased by more 
        than 10 percent by any such transfer except in certain 
        circumstances. In addition, the language provides that 
        any such transfer shall be treated as a reprogramming 
        of funds under section 605 of the accompanying bill and 
        shall not be available for obligation or expenditure 
        except in compliance with the procedures set forth in 
        that section.
          Section 303 includes language, modified from the 
        previous year as requested, authorizing not to exceed 
        $11,000 to be used for official reception and 
        representation expenses incurred by the Judicial 
        Conference of the United States.

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

    The recommendation in this Title for the Department of 
State and the Broadcasting Board of Governors totals 
$9,040,430,000, which is $80,411,000 below the budget request 
and $297,001,000 above the amount provided in fiscal year 2004, 
including supplemental amounts. Of the total amount provided, 
$8,907,830,000 is derived from general purpose discretionary 
funds and $132,600,000 is scored as mandatory spending. The 
recommended funding levels include significant program 
increases to improve security and to meet emerging diplomatic 
requirements. The recommendation includes the full amount 
requested, $1,571,021,000, an increase of $78,790,000 above the 
current year level, to continue worldwide security activities, 
including the design and construction of replacement facilities 
for the most vulnerable overseas posts.

                          DEPARTMENT OF STATE

    The Committee's fiscal year 2005 recommendation for the 
Department of State strongly supports ongoing efforts to 
strengthen diplomatic, embassy and border security, and to 
institutionalize management reforms. The Committee recommends a 
total of $8,430,130,000 for fiscal year 2005 for the Department 
of State. This amount is $121,411,000 below the budget request 
and $278,268,000 above the amount appropriated for fiscal year 
2004, including supplemental appropriations. Of the total 
amount provided, $8,297,530,000 is derived from general purpose 
discretionary funds and $132,600,000 is scored as mandatory 
spending.
    The Committee recommendation includes a total of 
$6,324,717,000 for the discretionary appropriations accounts 
under Administration of Foreign Affairs; $1,844,210,000 for the 
accounts under International Organizations and Conferences; 
$59,728,000 for International Commissions; and $68,875,000 for 
Other activities. The Committee's recommended priorities for 
the Department of State are detailed in the following 
paragraphs.

                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

    The Committee recommends $4,278,701,000 for the Diplomatic 
and Consular Programs account, including $658,701,000 to 
continue funding for worldwide security upgrades, $40,000,000 
for technology equipment replacement requirements, and 
$319,994,000 for public diplomacy international information 
programs.
    This appropriation provides for the formulation and 
execution of United States foreign policy, including the 
conduct of diplomatic and consular relations with foreign 
countries, diplomatic relations with international 
organizations, and related activities. The account includes 
funding for the regional, program, and operations bureaus and 
offices of the Department of State and the Foreign Service.
    The recommendation represents a decrease of $6,343,000 
below the request, and an increase of $94,713,000 above the 
current year, including supplemental amounts. Within this 
total, the recommendation of $658,701,000 for worldwide 
security upgrades is $18,805,000 above the fiscal year 2004 
level and the same amount as requested. Exclusive of security 
programs, the recommendation includes $105,824,000 for pay and 
inflationary adjustments to base, offsets of one-time only 
programs totaling $143,693,000, and increases of $37,977,000. 
Security funding increases are described under the ``Worldwide 
Security Upgrades'' section below:
    Staffing increases.--The Committee recommendation includes 
a program increase of $29,977,000 for non-security staffing to 
respond to high-priority diplomatic requirements and to 
strengthen visa adjudication. This increase will allow the 
Department to establish and fill approximately 110 new 
positions, including 63 new foreign service positions, and 
$17,140,000 to be dedicated to visa adjudication; 10 new 
positions and $2,720,000 to be dedicated to public diplomacy 
efforts; and 37 positions and $10,117,000 to meet emerging 
worldwide staffing requirements, including anticipated mission 
requirements in Sudan, Libya, and Haiti.
    Public Diplomacy Programs.--The recommendation includes 
language designating that $319,994,000 is available only for 
Public Diplomacy programs, an increase of 10 positions and 
$10,720,000 above the request. In addition to the staffing 
increase described above, the recommendation includes a program 
increase of $8,000,000 to enhance public diplomacy programs. 
The need to strengthen our public diplomacy has gained urgency 
as we continue to see alarming public opinion polls and foreign 
media content relating to the war on terrorism and the war in 
Iraq that reveal profound anti-American sentiments, and often a 
rejection of our policies. The need for expanded efforts is 
primarily, but not exclusively, in the Arab and Muslim world.
    One successful public diplomacy effort is the American 
Corners program. By the end of 2004, there will be 286 American 
Corners operated by American Embassies and consulates 
throughout the world. The Committee expects the increased 
funding to provide approximately 400 in total. Further, the 
Committee understands that the Department has established a 
Persian-language website, specifically targeted at 
communication with the Iranian people. The Committee believes 
similar capabilities should be developed for India, Pakistan, 
and Afghanistan, and urges the Department to support such 
efforts, including providing additional language materials. 
Further, the Committee directs the Department to increase 
efforts to counter disinformation and deliberate 
misinformation, by monitoring hostile media and providing U.S. 
spokespersons and foreign media with factual information to 
respond and to counter malicious propaganda about the United 
States.
    Within the amounts provided, the Committee directs the 
continuation of an overseas small grant program launched in the 
current year. The Committee understands this program has 
provided more than 3,000 English language microscholarships to 
young people in many Arab and Muslim regions of the world. The 
focus of this program is to provide English language training 
to non-elite audiences with the hope that learning English will 
open a window to the English-speaking world, helping to dispel 
misinformation and misunderstandings that can breed resentment 
of the United States and its citizens.
    The Committee continues to believe that separately 
identifying public diplomacy resources will facilitate the 
Committee's ability to monitor funding levels and trends for 
these activities. The amount identified for public diplomacy 
programs includes the costs of personnel and programs 
throughout the Department. The Committee expects the Department 
to identify any impediments to optimal performance of public 
diplomacy programs and propose any necessary changes through 
the reprogramming process. The recommendation for public 
diplomacy will support the continuation of programs in the Arab 
and Muslim world, which have been expanded since fiscal year 
2002. The Committee directs the Department to provide quarterly 
reports to the Committee on the steps taken to increase efforts 
to counter Anti-American sentiments around the world.
    The Committee expects the Department to enhance its ability 
to meet emerging staffing requirements in a climate of resource 
scarcity by re-evaluating and reallocating resources.
    Intelligence and Research.--The Committee recommendation 
includes the full requested level of funding for the Bureau of 
Intelligence and Research to focus on preventing terrorism, 
resolving regional conflicts, preventing and curtailing the 
proliferation of weapons of mass destruction, and anticipating 
and responding to humanitarian crises. The Committee continues 
to support the Bureau's efforts to carry out global public 
opinion polling.
    Stabilization and Reconstruction.--The Committee supports 
the plan to establish an Office of International Stabilization 
and Reconstruction within the Department. The Committee 
understands that this office will be the central entity to plan 
and coordinate United States Government civilian activities in 
pre- and post-conflict environments, and to react to complex 
contingencies. The Committee concurs that coordination 
responsibility should be vested in the Department of State. 
Within the amounts provided, not less than 20 positions shall 
be for the establishment and initial operation of this office 
in fiscal year 2005. The Committee understands that this office 
would improve operational response time in the areas of 
reconstruction, stabilization, and humanitarian assistance. The 
Committee appreciates the Department's recognition of the 
requirement to provide a civilian management component to 
stabilization and reconstruction efforts and to develop a new 
civilian rapid response capacity that can mobilize U.S. experts 
from Federal, State, and local levels, as well as from the 
private and non-profit sectors, to respond to post-conflict and 
other emergencies. The Committee expects to be notified of any 
expansion of the office as required by section 605 of this Act.
    Trafficking in Persons.--The Committee continues to be 
concerned about the serious problem of international 
trafficking in persons. The Committee recommendation continues 
funding for the Office to Monitor and Combat Trafficking in 
Persons (TIP Office), as in the current year. The Committee 
supports the efforts of the Office to further strengthen the 
annual reporting process and those of the Department-led Senior 
Policy Operating Group to coordinate interagency activities to 
implement the Trafficking Victims Prevention Act of 2000.
    International Cooperative Administrative Support Services 
system (ICASS).--The ICASS system was intended to empower all 
U.S. government agencies located at an overseas post to more 
efficiently and economically provide administrative support 
services. The Committee understands that nearly 18,000 
personnel located overseas are considered ICASS staff. 
Approximately ninety-five percent are local hires; the 
remainder are American direct hires. The General Accounting 
Office has recently concluded a review of the ICASS system and 
has highlighted concerns. Many positions charged as ICASS 
positions in overseas posts are not categorized as such by the 
local ICASS council. The Committee understands that nearly two-
thirds of overall ICASS costs are attributed to personnel. 
Therefore, the Committee directs the Department to review the 
program and report its findings and recommendations to the 
Committee.
    Club Drugs.--The Committee notes the progress made by the 
DEA and State Department against Club Drugs under the 
``Roadmap'' with the Belgian and Dutch governments. The 
Committee directs State and DEA to submit a report to the 
Committee no later than December 31, 2004, detailing steps to 
be taken in the second roadmap. The second roadmap should 
emphasize sufficient U.S. presence in the Netherlands, more 
effective work against the export of precursor chemicals and a 
review of terrorist links by the Club Drug trafficking 
organization.
    War Crimes.--Charles Taylor, the former president of 
Liberia, has been indicted by the Special Court for Sierra 
Leone and faces 17 counts of war crimes, crimes against 
humanity, and violations of international humanitarian law. 
Charles Taylor organized and ordered widespread and systematic 
attacks on the civilian population of Sierra Leone. According 
to the indictment, his supporters commonly used abductions, 
hacking off of limbs, facial and bodily mutilations, and gang 
rapes to wage a terror campaign against civilians 
insufficiently supporting the Revolutionary United Front in 
Sierra Leone. The governments of Guinea and Ivory Coast have 
publicly called for Charles Taylor to face charges before the 
Special Court of Sierra Leone. The Committee expects the 
Department to ensure that funding for the Special Court 
continues until all indictees are brought to justice.
    International Religious Freedom.--The recommendation 
continues funding for the Office of International Religious 
Freedom in the Bureau of Democracy, Human Rights and Labor. The 
Committee continues to support the integration of religious 
freedom into United States foreign policy. The Committee 
expects the Office to develop and implement comprehensive 
strategies to promote religious liberty, and to assist in the 
preparation of the Human Rights Reports and the annual Report 
on International Religious Freedom. The Committee also expects 
the Office, in consultation with the Commission on 
International Religious Freedom, to work to further incorporate 
religious freedom themes in the Department's public diplomacy 
programs. In addition, the Committee expects the Department to 
continue to integrate the internationally recognized right to 
freedom of religion into foreign service officer training at 
all levels.
    The Committee urges the Secretary of State to continue to 
every extent possible to monitor and promote religious freedom 
and human rights in China, Eritrea, India, Nigeria, Pakistan, 
Saudi Arabia, Sudan, Turkmenistan, Uzbekistan, and Vietnam. The 
Committee further expects the Secretary of State to use all 
available fora and formal actions to address violations of 
religious freedom in these countries. The Secretary of State 
should continue to consult with the U.S. Commission on 
International Religious Freedom to promote religious freedom 
and human rights abroad.
    Worldwide Security Upgrades.--The Committee recommendation 
includes $658,701,000, the full amount requested under 
Diplomatic and Consular Programs, for the costs of worldwide 
security upgrades. The recommendation includes $586,103,000 for 
ongoing security activities, including guard services, physical 
security equipment, armored vehicles, personnel, training, and 
wireless communications including necessary protections for 
U.S. facilities and personnel in Kabul, Afghanistan, and 
Dushanbe, Tajikistan; $43,400,000 to continue the perimeter/
compound security initiative; and $29,198,000 in program 
increases. The recommendation does not include $11,500,000 to 
continue one-time only programs, including funding for a 
training center, a systems accreditation program, and a 
domestic readiness exercise.
    Program increases include $4,000,000, for a total of 
$18,422,000, for the prevention and response to chemical or 
biological agents in various locations around the world; 
$14,698,000 to support the addition of 71 security professional 
staff positions, including 6 special agents and 55 professional 
and administrative support positions; $4,500,000, for a total 
of $27,714,000, to maintain a five-year replacement cycle for 
armored vehicles; $3,000,000 to reduce the risk that 
information systems will be compromised; and $3,000,000 to 
improve electronic access to, and exchange of, security and law 
enforcement information.
    Right-Sizing the U.S. Government Presence Overseas.--The 
Committee continues to define right-sizing as the 
reconfiguration of overseas U.S. Government staff to the number 
necessary to achieve U.S. foreign policy goals. The Committee 
is convinced, and agrees with the recommendation of the 
Overseas Presence Advisory Panel, that rationalizing staffing 
and operations abroad has the potential for significant 
budgetary savings. It costs two to three times as much to 
maintain an employee outside of the United States as it does 
within the United States. The notion of right-sizing as a 
desirable means to improve security and gain efficiencies 
implies that the current number of overseas staff in some 
locations is greater than the minimum number necessary, and 
that the presence of a number greater than the minimum number 
presents an unnecessary and unacceptable financial and security 
burden. Given the security requirements for the U.S. mission in 
Iraq, the Committee strongly urges the Department to use the 
most stringent criteria for determining staffing levels. As 
part of the overall right-sizing function, the Committee 
encourages the Department to review the ICASS system and fully 
explore how ICASS can contribute to right-sizing efforts. The 
Committee recommendation continues funding for the Office on 
Right-Sizing the United States Government Overseas Presence.
    Worldwide Technology Infrastructure.--The Committee 
recommendation includes $40,000,000 for the costs of continuing 
information technology replacement costs, which was associated 
with the deployment of OpenNet and classified connectivity 
systems requested under the Capital Investment Fund account.
    Border Security Program.--The recommendation includes 
$836,480,000 for the Department's Border Security program, of 
which $75,000,000 is from appropriated funds, $661,480,000 is 
funded through collection of Machine Readable Visa (MRV) fees 
and $100,000,000 is to be funded through a proposed Enhanced 
Border Security Program Fee. The total amount is an increase of 
$96,089,000 above the fiscal year 2004 program level. This 
funding level includes a program increase of 60 new consular 
positions for a total position base of 2,585 positions by the 
end of fiscal year 2005. The Committee directs the Department 
to continue its bimonthly reporting on MRV fee revenue as 
specified in the conference report accompanying the fiscal year 
2003 Supplemental Appropriations Act (Public Law 108-11).
    The Committee urges the Department to continue to work on 
an interagency basis to strengthen the visa process to make it 
an effective anti-terrorism tool, while avoiding the creation 
of unnecessary barriers or delays to legitimate travel to the 
United States. In addition, the Committee continues to support 
Bureau of Consular Affairs efforts to implement the diversity 
visa program.
    Interagency Task Force.--The recommendation continues base 
funding for costs associated with the operation of a U.S. 
Government interagency task force to monitor the United Nations 
headquarters renovation project.
    Minority Recruitment and Hiring.--The Department is 
directed to continue base funding for the educational 
partnership with Hostos Community College and Columbia 
University. This program supports the Department's ongoing 
efforts to increase minority hiring and diversity by 
facilitating the preparation of non-traditional and minority 
students for careers in the Foreign Service and the State 
Department. The Committee also expects the Department to 
continue base funding for an ongoing partnership with Howard 
University in support of the Department's efforts to enhance 
the diversity of the U.S. diplomatic corps by increasing the 
number of underrepresented minorities in foreign relations and 
international affairs careers. These resources are to continue 
and expand the successful collaborative partnership between the 
Department and Howard University to recruit and prepare 
students from various institutions with large minority 
populations for positions in the U.S. Foreign Service.
    Overseas Schools.--The Committee commends the Consolidated 
Overseas Schools Assistance Program for its continuing 
effectiveness in improving the quality of education for 
American children residing abroad. This program fulfills the 
two-fold purpose of providing a high quality, American-style 
education for children of Americans assigned overseas and 
demonstrating American educational philosophy and practice to 
children of other countries and local educators. The Committee 
also commends the continuing contribution of the Overseas 
Schools Advisory Council and its Program of Educational 
Assistance that helps provide educational excellence to 
American overseas schools. In addition, the Council 
successfully promotes financial and in-kind support to these 
schools from American businesses and foundations, as well as 
volunteer participation in activities of the schools by 
American firms' employees and their spouses stationed overseas.
    The Committee supports the work the Department is doing to 
secure State Department employees and their families serving 
overseas.
    Security of Classified Material.--Consistent with the 
report submitted to the Committee in 2002 and language included 
since fiscal year 2004, the recommendation includes necessary 
sums to continue efforts to replace locks used to secure 
classified information.
    Tibet.--A number of provisions in the Tibetan Policy Act 
fall under the jurisdiction of the Department of State 
including provisions concerning establishment of a U.S. 
presence in Lhasa; Tibetan language training and requirements 
for Foreign Service officers; promotion of advocacy on 
religious freedom in Tibet; necessary support for the Office of 
the Special Coordinator for Tibetan Issues; and the need to 
raise inter-departmental awareness of the provisions of this 
legislation. The Committee urges the relevant bureaus and 
offices within the Department to ensure the full implementation 
of the Tibetan Policy Act. The Committee directs the Department 
to report to the Committee on Appropriations, 90 days after 
enactment, on the steps it has taken to fully implement the 
Tibetan Policy Act.
    Legislative Affairs.--The recommendation includes language, 
similar to language carried for the other Departments funded 
under this Act, establishing a budget and position ceiling for 
the Bureau of Legislative Affairs.
    Presence in China.--The United States currently maintains 
six diplomatic facilities in the People's Republic of China. 
Given the size of China's population and its rapid economic 
growth, the Committee believes that our relations with China 
are growing in importance and workload. Many of the American 
companies exporting goods and services regard China as an 
important marketplace. Yet, many American companies find China 
to be a source of many unfair trading practices and detrimental 
to the economic security of certain companies. The Committee 
expects that future staffing plans will reflect this reality. 
Further, the Committee continues to emphasize the key human 
rights, religious freedom, economic and military issues the 
Department will have to monitor in the coming years. The 
Committee is concerned that the Department's number of 
proficient Chinese language speakers is inadequate to meet the 
anticipated presence requirements in China. The Committee 
expects the Department to increase language training, as 
necessary.
    Food and Agriculture Organization.--Within funding provided 
under this heading, the Committee expects the Department to 
support the costs of an independent, outside evaluation of the 
operations and performance of the Food and Agriculture 
Organization. The Department shall report to the Committee no 
later than March 31, 2005, on the results of this evaluation.
    The Committee continues to urge the Department and the 
Administration to actively seek legislation to provide just and 
equitable compensation for all victims of international 
terrorism and their surviving family members.
    The Committee has included language in the bill, similar to 
language in prior years, which: (1) permits not to exceed 
$4,000,000 to be transferred to the Emergencies in the 
Diplomatic and Consular Service account for emergency 
evacuations and terrorism rewards; (2) provides $1,426,000 in 
fees collected from other Executive Branch agencies and 
$490,000 from reserves for lease or use of facilities at the 
International Center Complex, as authorized by law; (3) 
provides not to exceed $15,000 from reimbursements, surcharges, 
and fees for use of Blair House facilities in accordance with 
the State Department Basic Authorities Act of 1956; (4) 
requires notification of Congress before processing licenses 
for the export of satellites to China; and (5) makes not to 
exceed $6,000,000 in fee collections available until expended 
for various activities.

                        CAPITAL INVESTMENT FUND

    The Committee recommends $100,000,000 for the Capital 
Investment Fund, which is $20,842,000 above the fiscal year 
2004 level and $55,100,000 below the request.
    In addition, the budget request estimates that $114,000,000 
in expedited passport fees will be used to support the 
information technology modernization effort, for a total fiscal 
year 2005 spending availability of $214,000,000. In addition to 
the amounts provided under this heading, $40,000,000 is 
provided under the Diplomatic and Consular Programs account for 
the replacement cycle of information technologies, as in the 
current year.
    The entire amount available under this heading, including 
fees, will support investments in new information technologies 
and infrastructure to improve the efficiency of Department 
operations.
    The Committee recommendation provides the full requested 
amount of $32,500,000 for the State Messaging and Archive 
Retrieval Toolset (SMART) initiative. This project will 
integrate all Department systems through which people exchange 
information, including the outmoded telegram system. This 
single web-based system will also advance the goals of the 
Foreign Affairs Systems Integration project, which received 
funding in previous years, namely enhancing the ability of 
employees to communicate across agency and geographic 
boundaries. In addition, the recommendation includes $7,563,000 
for public key infrastructure requirements, as requested, to 
help establish secure interagency communications.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $30,435,000 for the Office of 
Inspector General (OIG), which is $935,000 below the fiscal 
year 2004 level and the same as the request. The Inspector 
General conducts oversight of the State Department and the 
Broadcasting Board of Governors. The Committee continues to 
highlight the requirement for OIG oversight of the Department's 
efforts to implement worldwide security upgrades.
    The Committee recommendation includes language, as in 
previous years, waiving the statutory requirement that every 
post be inspected every five years, in order to provide greater 
flexibility to the Inspector General to use resources in the 
most critical areas.

               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

    The bill includes a total of $345,346,000 for the 
Educational and Cultural Exchange Programs of the Department of 
State. This amount is $28,713,000 above the fiscal year 2004 
level, and the same as the budget request.
    Funding provided under this heading supports international 
educational and cultural exchange programs, including the 
Fulbright student and scholar exchanges and the International 
Visitors Program, as well as related staff and administrative 
costs. To the maximum extent possible, the Committee urges that 
the following exchange programs be supported: the Congress-
Bundestag youth exchange program; the disability exchange 
clearinghouse; foreign study grants for U.S. undergraduates; 
Muskie Graduate and Ph.D. Fellowships; Youth Exchange and 
Excellence Award programs; the Junior Faculty Development 
program; educational advising and counseling; citizen exchange 
programs; interparliamentary exchanges; youth science 
leadership exchanges; American overseas research centers; 
Mitchell Scholarships; and exchanges with Tibet, the South 
Pacific, and Timor Leste. Regarding the Congress-Bundestag 
Program, the Committee intends that the amount provided will 
support 380 exchanges in fiscal year 2005, the same level as in 
fiscal year 2004.
    Regarding Fulbright exchanges with Tibet, the Committee 
expects that sufficient resources will be allocated to provide 
for 25 Tibetan scholars for the academic year. Regarding the 
International Visitors Program, the Committee expects the 
Department to allocate additional funding as necessary to 
include primary and secondary educators in the program under 
the Leaders in Education initiative. Regarding Citizen 
Exchanges, the Committee expects that increased resources will 
be allocated to the Traditional Public-Private Partnership 
grants in a sufficient amount to allow for the expansion of 
operations, programs, and alumni outreach. The Committee 
continues to support artistic and cultural exchange of persons 
programs as an important component of foreign policy. Within 
the levels provided, sufficient funds should be made available 
to continue such exchanges. Further, the Bureau of Educational 
and Cultural Affairs is expected to work with the Bureau of 
Consular Affairs to minimize unnecessary barriers or delays to 
legitimate travel to the United States for the purpose of such 
exchanges.
    The Committee recommendation continues enhanced support for 
programs to engage Arab and Muslim audiences through 
educational and cultural exchanges as the highest programmatic 
priority under this account. The Committee expects the 
Department to allocate adequate funding to continue and expand 
Fulbright Exchanges (including American Studies), English 
Language Programs (including English Language Fellows), 
International Visitor programs, and Values/Religious Tolerance 
programs (including cultural exchanges) for these audiences. 
The Committee expects the Department to allocate fiscal year 
2005 appropriations to the Near East and South Asia regions in 
percentages consistent with those used in fiscal year 2004.
    The Committee expects that a proposal for the programmatic 
and geographic distribution of available resources (including 
unobligated balances and recoveries) will be submitted through 
the normal reprogramming process within 60 days from the date 
of enactment of this Act. The Committee expects that the 
overall funding distribution will conform to the programmatic 
and geographical guidance above.
    The Committee supports exchange programs for foreign 
visitors and students on religious freedom, the relationship 
between religion and the state, and the role of religion in 
civil society. The Department of State is urged to expand 
existing religious freedom programs and consider new 
initiatives in its Educational and Cultural Exchange programs. 
The Department should consult with the U.S. Commission on 
International Religious Freedom on specific countries in 
regards to tailored programs for visitors and students from 
those countries.
    The Committee recommendation includes a limitation of not 
to exceed $2,000,000 on the use of fees or other payments 
received from or in connection with English teaching, 
educational advising and counseling, and exchange visitor 
programs as authorized by law.

                       REPRESENTATION ALLOWANCES

    The Committee recommends $8,640,000 for representation 
allowances authorized by section 905 of the Foreign Service Act 
of 1980. This amount is $265,000 below the amount available in 
fiscal year 2004 and the same as the budget request. These 
funds are used to reimburse Foreign Service Officers for 
expenditures incurred in their official capacities abroad in 
establishing and maintaining relations with officials of 
foreign governments and appropriate members of local 
communities. The Department shall submit a quarterly report to 
the Committee containing detailed information on the allotment 
and expenditure of this appropriation.

              PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

    The Committee recommends a total of $9,894,000 for the 
Protection of Foreign Missions and Officials account. This is 
$294,000 above the budget request and the same amount available 
in fiscal year 2004.
    This account reimburses local governments and communities 
for the extraordinary costs incurred in providing protection 
for international organizations, foreign missions and 
officials, and foreign dignitaries under certain circumstances. 
The Committee believes that local jurisdictions incurring such 
costs must submit a certified billing for such costs in 
accordance with program regulations. The Committee also 
believes that, in those instances where a local jurisdiction 
will realize a financial benefit from a visit by a foreign 
dignitary through increased tax revenues, such circumstances 
should be taken into account by the Department in assessing the 
need for reimbursement under this program. The Committee 
expects the Department to treat such submissions diligently and 
provide reimbursement to local jurisdictions on a timely basis 
if claims are fully justified.
    The Committee is aware of concerns regarding the level of 
reimbursement for protection expenses in light of heightened 
security measures since September 11, 2001. The Committee 
directs the Department to report to the Committee within 30 
days of the enactment of this Act on the amount of valid 
outstanding reimbursement claims; the availability of 
appropriated funds to pay such claims, including balances of 
prior year supplemental appropriations; and how the Department 
intends to budget for such needs in future years.

            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

    The Committee recommends a total appropriation of 
$1,524,000,000 for Embassy Security, Construction, and 
Maintenance. This amount is $147,242,000 above the amount 
available in fiscal year 2004 (excluding supplemental 
appropriations) and $15,000,000 below the budget request. The 
recommendation designates $912,320,000 as available only for 
priority worldwide security upgrades, acquisition, and 
construction, the full amount requested for such activities. 
The recommendation includes $611,680,000 for non-security 
related costs, which is $87,257,000 above fiscal year 2004 and 
$15,000,000 below the budget request.
    This account provides funds to manage U.S. Government real 
property overseas and maintain Government-owned and long-term 
leased properties at approximately 260 posts, and to lease 
office and functional facilities and residential units, not 
only for the Department of State, but for all U.S. employees 
overseas.
    Worldwide Security Upgrades.--The Committee recommendation 
includes $912,320,000 for security projects, the full amount 
requested and an increase of $59,985,000 over fiscal year 2004, 
to continue the capital security program of constructing new 
secure replacement facilities for the Department's most 
vulnerable embassies and consulates and providing additional 
security measures and upgrades. The Committee expects that 
projects undertaken under this program will address the highest 
priority facilities from a security standpoint. In previous 
fiscal years, the Department has proposed to reprogram funds 
under this activity for projects that do not address top 
priority security vulnerabilities and for projects that will 
not result, when complete, in a facility that meets existing 
security standards. The Committee expects that worldwide 
security funds will be used only for projects that meet these 
specifications. The Committee recommendation will support the 
construction of seven new embassy compounds, two annex 
buildings, four United States Agency for International 
Development (USAID) buildings on secure embassy compounds, and 
the acquisition of a number of secure sites for future embassy 
compound construction. The Committee notes that funding for 
USAID facilities will be supported in fiscal year 2005 by USAID 
contributions through the Capital Security Cost Sharing 
Program, which is discussed in more detail below.
    The Committee recommendation also includes $100,000,000, 
the amount requested and $15,894,000 above the current year 
level, to continue the compound security upgrade program. The 
Committee understands that this program includes the 
installation of forced entry/ballistic resistant roof hatches, 
vault doors and power-assisted vehicle barriers, and other 
similar measures. The Committee expects that this funding will 
also provide physical security improvements to residential 
compounds.
    The Committee expects that a proposed spending plan for the 
entire amount of available resources for worldwide security 
upgrades will be submitted through the normal reprogramming 
process within 60 days of the date of enactment of this Act. 
The Committee expects the Department to notify it immediately 
if there are any facilities that the Department believes face 
serious security risks.
    The recommendation includes language, similar to the 
request, establishing the Capital Security Cost Sharing 
Program. Under this program, all agencies that have staff 
overseas under Chief of Mission authority will pay a fair share 
of urgent, security-driven capital projects undertaken to 
replace embassies and consulates at the most vulnerable posts. 
The goals of this program are twofold. First, the program will 
accelerate the replacement of unsafe, unsecured and outdated 
diplomatic facilities that are used overseas by U.S. Government 
agencies. This is planned as a 14-year, $17,500,000,000 program 
to replace 150 vulnerable embassy and consulate facilities with 
new compounds that fully comply with statutory security 
requirements. Second, the program will create incentives within 
all government departments and agencies to scrutinize and 
``right-size'' their overseas presence to avoid unnecessary 
costs and security risks. Each agency with staff overseas under 
Chief of Mission authority has, built into their fiscal year 
2005 budget request, an annual contribution towards 
construction of new secure diplomatic facilities based on the 
number of positions overseas and the type of space occupied. 
These contributions do not take the place of State Department 
contributions, which are also growing, but create a larger, 
shared funding pool to accelerate replacement. In fiscal year 
2004, the Committee funded the ``virtual'' costs of the program 
by including an increase of $120,000,000 to State Department 
appropriations.
    The recommendation assumes a total program level of 
$869,020,000 in fiscal year 2005 for Capital Security 
Construction, including $785,320,000 under this account. The 
total amount includes a continuing State Department base 
appropriation of $622,720,000. The additional amount generated 
by the Capital Security Cost Sharing program is $246,300,000; 
which consists of $162,600,000 from the State Department that 
is included in the recommendation under this account, and 
$83,700,000 from non-State agencies, based on positions 
worldwide. The Committee understands that there is an 
anticipated five-year phase-in period for the program, wherein 
the total Government-wide amount grows from $869,020,000 in 
fiscal year 2005 to $1,400,000,000, then remains at that level 
for the next 9 years. The Committee further understands that 
the program will include agency involvement in setting 
priorities and in other aspects of the development of new 
embassy compounds. The Committee believes that the 
establishment of strong interagency coordination and 
cooperation will be critical to achievement of program goals 
and encourages the Department and the Administration to ensure 
that the management of this program is inclusive, cooperative 
and transparent.
    The Committee recommendation provides $604,880,000 for 
operations and maintenance activities, which is $15,000,0000 
below the request. The Committee notes that the requested 
amount included $76,729,000 in program increases. The Committee 
recommendation also includes $6,800,000 for headquarters 
operations. The Committee directs the Department to prioritize 
requested funding increases and to specifically identify 
amounts above current services in a comprehensive spending plan 
to be submitted no later than 60 days after enactment of this 
Act.
    Assets Management.--The budget request designates 
$100,049,000 in assets management funds planned for obligation 
in fiscal year 2005. The Committee expects that these funds 
will be used for opportunity purchases to replace uneconomical 
leases and for other priority capital acquisition purposes. The 
Committee understands there are additional requirements for 
projects in Brussels, Belgium, and Rome, Italy. In addition, as 
in previous years, the Committee expects that assets management 
funds will continue to be allocated in part to security 
construction needs. Any use of these or additional assets 
management funds in fiscal year 2005 is subject to 
reprogramming. In addition, with respect to the requirement 
that a reprogramming for any major new start be submitted, the 
Committee understands that requirement to mean that any 
rehabilitation or construction projects involving an 
ambassador's residence will be subject to the requirement. In 
addition to regular reporting provided to the Committee on 
acquisition and disposal of overseas property, the Department 
shall submit a report to the Committee by November 11, 2004, 
listing all properties disposed of, or in process for disposal, 
along with associated actual or anticipated proceeds of sale, 
at posts which have had funding approved for the construction 
of a new secure compound in, or after, fiscal year 1999.
    The recommendation continues language carried in the bill 
in previous years that prohibits funds from being used for 
acquisition of furniture and furnishings and generators for 
other departments and agencies.
    Right-Sizing the U.S. Government Overseas Presence.--The 
Committee directs the Office of Overseas Buildings Operation 
(OBO) to work closely with the Office on Right-Sizing the U.S. 
Government Overseas Presence to ensure that projected staffing 
levels for new embassy compounds are prepared in a disciplined 
and realistic manner and that these estimates become a basis 
for determining the size, configuration and budget of new 
embassy compound construction projects. The justification for 
all facilities projects funded under this account must include 
a full explanation of regional efficiency and security 
planning, and related staffing assumptions. Such projects will 
not be approved for funding absent evidence of the application 
of a uniform right-sizing methodology.

           EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

    The Committee recommends $7,000,000 to enable the Secretary 
of State to meet unforeseen emergencies arising in the 
Diplomatic and Consular Service. This amount is $6,011,000 
above the fiscal year 2004 appropriation and the same as the 
budget request. In addition, the Committee expects significant 
carryover balances to be available for obligation in fiscal 
year 2005. Funding provided in this account is available until 
expended.
    The recommendation includes language as a general provision 
in title IV to increase the maximum amount of counter-terrorism 
rewards that are paid from amounts under this heading.
    The Committee has included a provision in the bill that 
permits up to $1,000,000 to be transferred from this account to 
the Repatriation Loans Program account, as requested in the 
budget. This provision will ensure an adequate level of 
resources for loans to American citizens through the 
Repatriation Loans Program account should that account require 
additional funds in fiscal year 2005 due to an unanticipated 
increase in the number of loans.
    This appropriation provides resources for the Department of 
State to meet emergency requirements in the conduct of foreign 
affairs. The Committee recommendation provides funds for: (1) 
travel and subsistence expenses for relocation of American 
employees of the United States Government and their families 
from troubled areas to the United States and/or safe-haven 
posts; (2) allowances granted to State Department employees and 
their dependents evacuated to the United States for the 
convenience of the Government; and (3) payment of rewards for 
information concerning terrorist activities.

                   REPATRIATION LOANS PROGRAM ACCOUNT

    The Committee recommendation includes $612,000 for the 
subsidy cost of repatriation loans and $607,000 for 
administrative costs of the program as authorized by 22 U.S.C. 
2671, which is $14,000 above the amount available in fiscal 
year 2004 and the same as the budget request.
    This account provides emergency loans to assist destitute 
Americans abroad who have no other source of funds to return to 
the United States.

              PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

    The Committee recommends $19,482,000 for the appropriation 
entitled ``Payment to the American Institute in Taiwan''. This 
amount is $897,000 above the fiscal year 2004 level and the 
same as the request. The recommendation provides for the 
Institute's pay and inflationary base adjustments. In addition, 
the Institute is authorized to collect Machine Readable Visa 
fees, as well as reimbursements from agencies and user fees 
from trade show exhibitors.
    The Committee expects that the American Institute in Taiwan 
(AIT) will cover anticipated operating expenses in fiscal year 
2005 through a combination of appropriations and visa fee 
revenues. The Committee expects the Department to submit by 
November 1, 2004, an AIT spending plan for fiscal year 2005, 
indicating the total amount of estimated fee collections, the 
amount of such fee collections allocated for operating 
expenses, and the total amount planned for operating expenses 
from all funding sources.
    The Taiwan Relations Act requires that programs concerning 
Taiwan be carried out by the American Institute in Taiwan and 
authorizes funds to be appropriated to the Secretary of State 
to carry out the provisions of the Act. The Institute 
administers programs in the areas of economic and commercial 
services, cultural affairs, travel services, and logistics. The 
Department of State contracts with the American Institute in 
Taiwan to carry out these activities.

     PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

    The Committee recommends $132,600,000 for the appropriation 
entitled ``Payment to the Foreign Service Retirement and 
Disability Fund''. This amount is the full budget request and 
$2,379,000 below the amount appropriated for fiscal year 2004. 
The amount provided in the Committee recommendation is required 
to amortize the unfunded liability in the system, as documented 
by the annual evaluation of Fund balances.
    This appropriation, which is considered mandatory for 
budget scorekeeping purposes, is authorized by the Foreign 
Service Act of 1980, which provides for an appropriation to the 
Fund in 30 equal annual installments of the amount required for 
the unfunded liability created by new benefits, new groups of 
beneficiaries, or increased salaries on which benefits are 
computed. The Retirement Fund is maintained through 
contributions by participants, matching government 
contributions, special government contributions (including this 
account), interest on investments, and voluntary contributions.

                      International Organizations


              CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

    The recommendation includes a total of $1,194,210,000 for 
payment of obligations of United States membership in 
international organizations as authorized by conventions, 
treaties, or specific Acts of Congress for fiscal year 2005. 
This amount is $194,380,000 above the amount available in 
fiscal year 2004 and the same as the request.
    The amount provided in the bill is intended to cover 
anticipated assessments for membership in international 
organizations, including the United Nations (UN). In addition, 
the amount provides full funding for anticipated assessments 
for membership in the North Atlantic Treaty Organization and 
the related North Atlantic Assembly, International War Crimes 
Tribunals for Rwanda and the former Yugoslavia, the 
Organization of American States, the International Atomic 
Energy Agency, and the Pan American Health Organization.
    Estimates of the amount required to cover fiscal year 2005 
assessments have varied based on the most recent foreign 
currency exchange rates for the dollar, which has fluctuated 
since the budget request was formulated. The Committee expects 
that these exchange rate fluctuations may result in losses. The 
Department may propose to offset these by transfers from other 
accounts, or deferring some activities included in the request 
that do not require funding in fiscal year 2005.
    Reassessment of U.S. Membership in International 
Organizations.--The Committee notes, with approval, the 
Department's actions to formally withdraw from certain 
international organizations where continued U.S. participation 
was determined to be a low priority in the context of overall 
U.S. national interests. The Committee continues to support the 
comprehensive reassessment of U.S. membership in each of the 44 
international organizations for which funding is requested 
under this account, and to insist that the Department take the 
necessary measures to operate within the amount of funds 
provided under this account.
    The Committee expects the Department to take immediate 
action to evaluate and prioritize United States participation 
in, and funding for, international organizations. In a climate 
of limited resources the Committee continues to insist that the 
Department live within appropriated amounts, prioritize as 
necessary among commissions according to policy goals, take 
steps as necessary to withdraw from lower priority 
organizations, and refrain from entering into new commitments.
    Reform and Budget Discipline.--The Committee continues to 
insist on reform and budget discipline as a priority for all of 
the international organizations, including the development of 
processes to evaluate, prioritize and terminate programs. The 
Committee believes that the onus is on each international 
organization and the State Department representatives to those 
organizations to reduce overall budgets and eliminate 
duplicative activities, excessive administrative costs, and 
inefficient operations.
    United Nations Regular Budget.--The recommendation assumes 
full payment of the anticipated U.S. assessment to the UN 
regular budget. This assessment is estimated at $362,193,000 
for calendar year 2004, an increase of $21,377,000, or 6.3 
percent, over the calendar year 2003 assessment.
    The Committee notes the importance of the UN in promoting 
health, providing humanitarian assistance, fostering conflict 
resolution, and providing an international forum for world 
issues. However, the Committee is concerned by recent 
developments in a number of areas. The Committee notes that the 
United Nation's Oil for Food program in Iraq is marred by 
allegations of corruption--that it aided or abetted a 
tyrannical regime and undermined the international community's 
good will. Further, the Committee urges the UN to do more to 
mitigate or resolve the conflicts and humanitarian crises in 
Sudan--where war has ravaged the country for decades at the 
cost of millions of lives. Finally, the United Nations' 
leadership and legitimacy are tarnished by continued failure to 
bring to justice those individuals involved in improper and 
illegal activities of individuals financed by the United 
Nations, such as UN peacekeepers and civilian personnel alleged 
to have been involved in sexual abuse of minors.
    United Nations Oil-For-Food Program.--The Committee directs 
the Department to bring all necessary resources to bear on the 
investigation of fraud and bribery allegations regarding the 
United Nations Oil-For-Food Program. The Committee expects the 
Department to provide all requested documentation to 
Congressional Committees, and to provide any requested support 
to the Secretary General's Independent Inquiry Committee. The 
Committee strongly supports this Inquiry and expects the 
Inquiry Committee's review to be thorough, rigorous, and 
expeditious.
    North Atlantic Treaty Organization (NATO).--The Committee 
recommendation provides the full amount requested for the 
United States assessment for NATO. To date, the Committee has 
appropriated $35,000,000 for the NATO Headquarters project. The 
Committee understands the current cost estimates for the 
project have more than doubled since the Committee was 
initially briefed on total project costs. The President's 
Fiscal Year 2005 request does not include an annual installment 
for the NATO Headquarters project, nor does the recommendation 
include such an installment. The Committee expects the 
Department and the U.S. delegation to work to set limits on the 
funding and scope of the project and on the total U.S. 
contribution towards this project prior to providing any 
funding for this purpose. The Committee expects the facility to 
meet the necessary security requirements. The Department shall 
keep the Committee apprised of progress on this matter.
    Organization for Economic Cooperation and Development 
(OECD).--The Committee recommendation includes full funding as 
requested for the U.S. assessment for OECD in fiscal year 2005. 
The Committee has appropriated $26,643,000 for the OECD 
building renovation through 2004, and includes the dollar 
equivalent of 10,857,000 Euros for the calendar year 2005 
assessment for the building project. The Committee expects the 
U.S. total contribution to this project to be no more than 
75,000,000 Euros, as the OECD council was informed. The 
Committee notes that, unlike prior years, no funding is 
included in the fiscal year 2005 request, or in the 
recommendation, for the OECD Pension Capitalization Fund due to 
financial concerns with the fund. The Committee expects to be 
briefed on these concerns and the impact on personnel.
    International Atomic Energy Agency (IAEA).--The Committee 
understands that the IAEA General Conference has adopted a 
significant budget increase, to be phased in over four years, 
which would increase the overall budget by $25,000,000. This 
increase is primarily attributed to increased costs of 
strengthening safeguards and the physical protection of nuclear 
material and nuclear facilities. The Committee recommendation 
includes full requested funding for the IAEA in fiscal year 
2005.
    Pan American Health Organization (PAHO).--The Committee 
continues to support the work done by the Pan American Health 
Organization (PAHO). PAHO has taken the lead in health issues, 
including border health concerns, emerging diseases, and bio-
terrorism, that have an impact on citizens of the United States 
and all citizens of the Americas. The outbreak of the SARS 
virus and the treatment of similar diseases highlight the 
importance of PAHO to the United States. The Committee 
recommendation includes full requested funding for the U.S. 
assessment for PAHO in fiscal year 2005.
    Other Issues.--The Committee strongly supports the United 
States policy of zero nominal growth budgets for international 
organizations. Toward this end, the Committee expects the 
Department to insist on the evaluation and prioritization of 
ongoing UN programs and activities, so that in the event of 
unanticipated requirements budget offsets may be taken from 
activities and programs that have already been determined to be 
lower-priority by the organization. The Committee notes 
additional requirements relating to Iraq, Afghanistan and 
security-related costs are expected. However, the Committee 
continues its direction to find appropriate offsets for such 
increases. Any proposal to exceed the adopted biennial budget 
level of $3,160,860,300 should be communicated to the Committee 
in advance of the formal notification, consideration, and 
adoption of such a proposal. The Committee strongly urges the 
Secretary to notify the Committee in advance of any United 
Nations action to increase funding for any United Nations 
program without identifying an offsetting decrease elsewhere in 
the United Nations budget.
    The Committee recommendation includes $6,000,000 that may 
be used for the costs of a direct loan to the United Nations 
for the cost of renovating its headquarters in New York, as 
proposed in the budget request. This amount would subsidize 
total loan principal of up to $1,200,000,000. The Committee 
continues to support close coordination and oversight of this 
plan by the U.S. Government interagency task force funded under 
the Diplomatic and Consular Programs account.

        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

    The Committee recommendation includes $650,000,000 for 
United States payments for Contributions for International 
Peacekeeping Activities for fiscal year 2005, the amount 
requested in the budget and $199,944,000 above the fiscal year 
2004 level, excluding supplemental amounts.
    The Committee is deeply concerned by recent events in the 
Democratic Republic of the Congo, as well as by allegations of 
sex abuse of minors by UN peacekeepers and civilian personnel 
of the mission. Further, the Committee is convinced that clear, 
realistic benchmarks must be established and enforced for the 
performance of MONUC. The Committee expects the Department to 
re-evaluate the mandate for this mission and inform the 
Committee about options for future action.
    The Committee remains concerned that the United States has 
voted in the United Nations Security Council to establish five 
new peacekeeping missions (Haiti, Burundi, Sudan, Cyprus, and 
Ivory Coast) without presenting the Committee with a viable 
plan to meet the current and future costs of such commitments. 
All but the Cyprus mission were approved by the Security 
Council and are underway and incurring costs. In this regard, 
the Committee anticipates that the fiscal year 2005 request and 
recommendation may be inadequate to pay anticipated UN 
assessments payable in 2005. The Secretary of State testified 
before the Committee that in such an instance the 
Administration would request supplemental appropriations for 
this purpose. The Committee expects that such a supplemental 
appropriation request would provide for the full amount of UN 
peacekeeping assessments.
    The Committee is concerned about the continuing lack of 
progress in resolving the dispute over the Western Sahara, 
despite an enormous investment of funds in the U.N. Mission for 
the Referendum in Western Sahara (MINURSO) peacekeeping 
mission. The Committee urges the Department to work to 
encourage a negotiated settlement to the dispute and bring to 
an end the costly UN peacekeeping presence associated with a 
referendum settlement program that has failed to materialize 
over the past decade and that the Secretary General and his 
Personal Envoy abandoned as unworkable two years ago.
    The establishment of several large, complex missions over 
the past few years has tested the capacity of the UN to plan 
and manage such operations successfully. The Brahimi report 
addressed many deficiencies in UN peacekeeping efforts, 
including problems in doctrine, strategy, decision-making, 
planning, deployment, support and information technology. The 
Committee continues to support efforts to improve the 
performance and efficiency of UN peacekeeping missions through 
structural and procedural reforms. The Committee also supports 
efforts to better limit and focus the goals of such missions, 
and to set specific benchmarks for performance and mission 
termination.
    The Committee continues to support the efforts of the UN's 
Office of Internal Oversight Services (OIOS) to identify waste, 
fraud and abuse, including sexual abuse, in peacekeeping 
operations, and to recommend specific reforms to ensure that 
such practices are brought to an end. The Committee directs the 
Department to provide the necessary support to ensure that OIOS 
oversight is systematically brought to bear on every UN 
peacekeeping mission, including through the presence of 
resident auditors. The Committee directs the Department to 
request a performance report on the efforts of this Office to 
root out the causes of such waste, fraud and abuse.
    The bill retains language carried in previous years 
requiring 15-day advance notice of any new or expanded mission, 
together with a statement of cost, duration, exit strategy, 
vital national interest, and source of funds to pay the cost. 
The bill also retains language requiring certification that 
American manufacturers and suppliers are provided equal 
procurement opportunities, and language prohibiting the use of 
funds under this account for the costs of court monitoring. The 
bill does not include requested language to make a portion of 
appropriations under this account available for two fiscal 
years.

                       International Commissions


 INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO

    The bill includes a total of $31,275,000 for the 
International Boundary and Water Commission, United States and 
Mexico (IBWC). This amount is $2,036,000 above the amount 
available in fiscal year 2004 and $7,570,000 below the total 
budget request for fiscal year 2005. The total amount provided 
includes $26,800,000 for Salaries and Expenses and $4,475,000 
for construction. The recommendation includes language 
authorizing not to exceed $6,000 for representation expenses.

                         SALARIES AND EXPENSES

    The Committee recommendation for the Salaries and Expenses 
account is $26,800,000, which is $1,074,000 above the amount 
available in fiscal year 2004 and $3,500,000 below the budget 
request. The amount recommended by the Committee provides 
additional resources for requested wage and price increases. 
The recommendation does not include requested program 
increases. The Committee notes that fluctuations in the 
Commission's operations and maintenance budgets can result in 
unanticipated cost savings. Should the Commission experience 
such savings, the Commission will have the ability to propose, 
through the section 605 reprogramming process, the use of 
surplus funds for items not included in the Committee 
recommendation.

                              CONSTRUCTION

    The Committee recommendation for IBWC construction provides 
$4,475,000, which is $962,000 above the amount available in 
fiscal year 2004 and $4,070,000 below the budget request.
    The recommendation provides funding for ongoing projects as 
follows: Boundary-wide construction--$1,126,000; Water Quantity 
Program--$2,350,000; and Water Quality Program--$988,000. The 
Committee expects that significant carryover funding may be 
available to supplement fiscal year 2005 appropriations. Any 
allocation of funding, including carryover funding, shall be 
subject to reprogramming procedures set forth in section 605 of 
this Act.

              AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

    The Committee recommends a total of $9,356,000 to fund the 
U.S. share of expenses of the International Boundary 
Commission, the International Joint Commission, United States 
and Canada, and the Border Environment Cooperation Commission 
for fiscal year 2005. This amount is $507,000 above the amount 
available in fiscal year 2004 and $1,400,000 below the budget 
request, and includes $1,210,000 for the International Boundary 
Commission, $6,098,000 for the International Joint Commission 
and $2,048,000 for the Border Environment Cooperation 
Commission. The recommended funding level for the International 
Joint Commission includes $1,019,000 for final year costs of a 
five-year study of the water regulation plan governing Lake 
Ontario and the St. Lawrence River.

                  INTERNATIONAL FISHERIES COMMISSIONS

    The Committee recommends a total of $19,097,000 to fund the 
U.S. share of the expenses of international fisheries 
commissions or related organizations, as well as the travel 
expenses of the United States commissioners. This amount is the 
same as the amount available in fiscal year 2004 and $1,703,000 
below the budget request.
    The Committee recommendation includes $2,100,000 for the 
Inter-American Tropical Tuna Commission, $12,119,000 for the 
Great Lakes Fishery Commission (GLFC), and $165,000 for the 
International Commission for the Conservation of Atlantic Tuna. 
The Committee further expects the Great Lakes Fishery 
Commission to coordinate its efforts with other agencies with 
regard to the threat posed by the introduction of Asian carp 
into the Great Lakes. Remaining amounts under this heading may 
be allocated on a priority basis to other international 
commissions, subject to the reprogramming guidelines contained 
in section 605 of this Act.
    The Committee expects the Department to take immediate 
action to evaluate and prioritize United States participation 
in, and funding for, international fisheries commissions. In a 
climate of limited resources the Committee continues to insist 
that the Department live within appropriated amounts, 
prioritize as necessary among commissions according to policy 
goals, take steps as necessary to withdraw from lower priority 
commissions, and refrain from entering into new commitments.
    The Committee directs the Department to submit a proposed 
spending plan for the total amount provided under this heading 
no later than 60 days after the enactment of this Act.

                                 Other


                     PAYMENT TO THE ASIA FOUNDATION

    The Committee recommends an appropriation of $13,000,000 
for payment to the Asia Foundation for fiscal year 2005, which 
is $136,000 above the amount available in fiscal year 2004 and 
$4,120,000 above the budget request. The Committee 
recommendation continues the increased funding provided in 
fiscal year 2004 for enhanced Foundation programs on human 
rights, higher education, democratic governance, ethnic 
harmony, religious tolerance and legal/judicial reform in 
Afghanistan, Pakistan and Indonesia. Further, the Committee 
supports the efforts of Foundation programs in Cambodia.
    The Asia Foundation is a private, nonprofit institution, 
established to stimulate Asian democratic development and 
assist the peoples of Asian countries to shape their own 
destinies.

                 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

    The Committee recommends an appropriation for fiscal year 
2005 of interest and earnings from the Eisenhower Exchange 
Fellowship Program Trust Fund, expected to total $500,000. The 
Committee recognizes the important and unique role of 
Eisenhower Exchange Fellowships in the U.S. Government's 
worldwide public diplomacy effort. The Committee has urged the 
Eisenhower Exchange Fellowships, Incorporated (EEF) to fashion 
its exchange programs to reflect the priority within all public 
diplomacy programs of building mutual understanding with Arab 
and Muslim populations worldwide. In this regard, the Committee 
continues to expect that the selection of foreign and United 
States fellows will reflect this priority. In addition, the 
Committee supports a nation-wide, merit-based recruitment and 
selection process for United States Fellows. The Committee 
expects EEF and the Department to submit a report to the 
Committee by November 30, 2004, describing its achievements in 
these areas.
    The Eisenhower Exchange Fellowship Act of 1990 authorized a 
permanent endowment for the Eisenhower Exchange Fellowship 
Program to increase educational opportunities for young leaders 
in preparation for and enhancement of their professional 
careers and to advance peace through international 
understanding. The Act established the Eisenhower Exchange 
Fellowship Program Trust Fund in the United States Treasury for 
these purposes. A total of $7,500,000 has been provided to 
establish a permanent endowment for the program, from which the 
appropriation of interest and earnings is provided to 
Eisenhower Exchange Fellowships, Incorporated.

                    ISRAELI ARAB SCHOLARSHIP PROGRAM

    The Committee recommends language in the accompanying bill 
that will appropriate for fiscal year 2005 interest and 
earnings of the Israeli Arab Scholarship Endowment Fund, 
expected to total $375,000. A permanent endowment of $4,978,500 
for the Fund was established in fiscal year 1992 with funds 
made available to the United States Information Agency under 
section 556(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990, as amended. The 
income from the endowment is to be used for a program of 
scholarships for Israeli Arabs to attend institutions of higher 
education in the United States.

                            EAST-WEST CENTER

    The Committee recommendation includes $5,000,000 for this 
account, $12,692,000 below the current year, and $8,709,000 
below the request.
    The Committee recommendation provides for phasing out the 
direct sole-source grant from the Federal government. The 
Committee notes that the Center can solicit contributions and 
can compete for other Federal grants to support its research 
and training activities. The Center started receiving a direct 
grant from the Federal government in fiscal year 1961.

                    NATIONAL ENDOWMENT FOR DEMOCRACY

    The Committee recommends $51,000,000 for the National 
Endowment for Democracy (NED) for fiscal year 2005, $11,421,000 
above the amount provided in fiscal year 2004 and $29,000,000 
below the budget request. The Committee recommendation includes 
increased funding in fiscal year 2005 for enhanced Endowment 
grant programs to build and strengthen democratic institutions 
in the Muslim world, including $5,000,000 for Afghanistan, 
$3,000,000 for Pakistan, and $2,000,000 for Egypt. The 
Committee recommendation also continues funding for grants to 
foster Africa's dynamic democracy movements, including groups 
in Sudan and the Democratic Republic of Congo.
    The Committee recommendation includes $1,000,000 for a 
grant to support the creation of a Fern L. Holland Democracy 
Institute in Africa. This institute shall serve as a resource 
for democracy and rule of law training, and will provide an 
educational foundation upon which conflict prevention, freedom 
and respect for fundamental human rights can be achieved in 
African nations.
    The Committee remains concerned that there continues to be 
a serious lack of effectiveness and cohesion among the groups 
advocating for awareness and action on behalf of the victims of 
human rights abuses and the persecuted. The Committee directs 
that up to $500,000 be made available for programs designed 
specifically to promote basic human rights of ethnic 
minorities, including their right to maintain and exercise 
their culture, religion, and language free from discrimination. 
The Committee expects NED to keep the Committee apprised of 
progress on this effort.
    The Committee reaffirms the role that NED plays in 
strengthening democratic institutions around the world. Any 
perception that funds are used to directly support a particular 
party or candidate, or to support the removal of elected 
leaders through unconstitutional means, undermines the 
credibility and effectiveness of NED programs. The Committee 
expects NED to take all necessary measures to ensure that all 
sponsored activities adhere to the core NED principles. The 
Committee directs NED to provide the Committee with a 
comprehensive report on its activities in Venezuela from fiscal 
year 2001 through the present, by December 15, 2004.
    The NED is a private, non-profit corporation established to 
encourage and strengthen the development of democratic 
institutions and processes internationally through private-
sector initiatives, training, and other activities, including 
those which promote pluralism, democratic governance, civic 
education, human rights, and respect for the rule of law. The 
NED provides funding for projects which are determined to be in 
the national interest of the United States and which are 
administered by private organizations and groups.

                             RELATED AGENCY


                    Broadcasting Board of Governors

    The Committee recommendation includes $610,300,000 for the 
Broadcasting Board of Governors, $41,000,000 above the request 
and $18,733,000 above the fiscal year 2004 level, including 
supplemental appropriations. The appropriation accounts under 
this heading provide operational funding for the United States 
non-military, international broadcasting programs--including 
the Voice of America (VOA), Radio Free Europe/Radio Liberty 
(RFE/RL), Radio Free Asia (RFA), Radio and Television Marti, 
Middle East Television, including Radio Sawa--and the 
associated facilities, engineering and support activities.

                 INTERNATIONAL BROADCASTING OPERATIONS

    The Committee recommendation includes $601,740,000 to carry 
out United States International Broadcasting Operations for 
fiscal year 2005, which is an increase of $21,448,000 above the 
fiscal year 2004 level, including supplemental amounts, and 
$41,000,000 above the comparable request. This account funds 
the operating and engineering costs of Voice of America (VOA), 
Radio Free Europe/Radio Liberty (RFE/RL), Radio Free Asia 
(RFA), and the Broadcasting Board of Governors (BBG). The 
recommendation includes funding for Broadcasting to Cuba under 
this account. In the request, this funding was proposed under a 
separate account. The Committee recommendation provides the 
full request for all entities funded under this account, 
including funding to continue the Middle East Television 
Network initiative. The request includes $15,700,000 for 
programmatic and transmission activities proposed for 
elimination. The Committee adopts $1,900,000 in proposed 
reductions relating to administrative or transmission 
activities, which do not result in broadcast programming 
reductions. As directed in previous years, all communications 
with the Committee on the part of the various broadcasting 
entities shall be coordinated through the Broadcasting Board of 
Governors.
    Arabic Broadcasting.--The United States continues to face 
an enormous challenge to provide the people of Arab and Muslim 
countries with accurate information about U.S. policies and 
values. The Committee continues to support efforts to expand 
the audience of listeners and viewers in the Arab and Muslim 
world. The Committee recommendation includes $64,969,000 for 
television and radio broadcasting in Arabic, including Middle 
East Television and Radio Sawa. This amount represents an 
increase of $20,200,000 above the request. The Committee 
provided initial start-up costs for a television program stream 
specifically tailored for the Iraqi audience in Public Law 108-
106. The Committee understands that the budget request does not 
include adequate funding to continue this stream throughout 
fiscal year 2005. The Committee expects that funding provided 
in this Act will only partially cover such requirements. 
Therefore, the Committee directs the BBG to provide a report to 
the Committee detailing cost requirements for full year 
operation of the Iraq television broadcasting stream. The 
Committee expects this report to be delivered to the Committee 
no later than August 30, 2004. The Committee directs the BBG to 
provide quarterly status reports detailing the progress of this 
effort. Developing quality news and entertainment programs in 
the Arabic language should to the maximum extent possible 
involve the creative talents of the private and not-for-profit 
sectors. The Committee continues its direction to the Board to 
integrate new approaches in developing programming, to more 
effectively engage key audiences.
    Africa Broadcasting.--The Committee continues to support 
the creative efforts of VOA broadcasting to the continent of 
Africa. The Committee notes that forty-five percent of VOA's 
listenership is in Africa and expects VOA to create radio 
formats to ensure information is available to young audiences. 
Nearly 45 million listeners have access to VOA's objective, 
balanced and accurate news. VOA fills the information void with 
daily targeted and credible coverage of sub-Saharan Africa 
often not available from any other media. The Committee 
supports the use of radio broadcasts as a component of 
sustained HIV/AIDS prevention efforts undertaken by many 
African governments, African countries, humanitarian 
organizations, and U.S. assistance programs. VOA's Africa 
Division continues to incorporate thousands of broadcasts about 
HIV/AIDS into its regular programming for broadcasting to 
Africa. The Division receives approximately 10,000 letters a 
month from a continent with often unreliable and expensive mail 
systems, a clear indication of the impact VOA has on the 
audience.
    Language Service Review and Research.--The Committee 
continues to support the Board's efforts to objectively and 
systematically review and evaluate the performance, results, 
and priority of every U.S. Government-sponsored international 
broadcasting language service and to propose corresponding 
reallocations of funds. The Committee endorses this process as 
a means to improve broadcast quality and meet emerging program 
priorities within limited resources. The Committee expects that 
the Board will establish comprehensive performance measures and 
improve coordination of programming streams across component 
organizations, including the grantee organizations. The 
Committee continues to direct the Board to ensure that foreign 
policy implications are given full consideration before 
adopting language service review recommendations. The Committee 
expects the Board to submit a comprehensive report on Language 
Service Review results and corresponding reallocations of 
funds, as appropriate. The Committee anticipates that the 
continuing language service review effort will result in the 
dedication of additional resources to emerging priority 
programs, through the normal reprogramming process.
    Anti-jamming efforts.--The Committee continues to support 
initiatives by the BBG to defeat jamming and reach a wider 
audience for Radio Free Asia and Voice of America broadcasts to 
China, Tibet, Vietnam, and North Korea. The Committee is aware 
that new technologies may allow the VOA and RFA to more 
effectively defeat jamming efforts. The Committee encourages 
the Board to evaluate the usefulness of these technologies. The 
Committee expects the BBG to continue such efforts in fiscal 
year 2005.
    The Committee remains concerned about a potential blurring 
of the distinction between the international broadcasting 
conducted by the Broadcasting Board of Governors and that 
conducted by the Defense Department. While the Committee 
continues to strongly support all necessary efforts to provide 
for national security, close collaboration with the Defense 
Department may foster misunderstanding among foreign audiences 
as to the principles and goals of BBG broadcasting. Within 
sixty days of enactment of this Act, the BBG shall report fully 
to the Committee on the nature and duration of any cooperative 
efforts with the Defense Department over the last year. In 
addition, the BBG shall notify Congress in writing of any 
projects or programs to be undertaken with the Defense 
Department within seven days of the beginning of such 
activities. Both reports should include a description of 
services provided and any financial arrangements between the 
entities.
    The Committee recommendation includes funding for the 
principal broadcasting entities as follows:
    Voice of America.--The Committee recommendation provides 
$160,790,000 for VOA, including an increase of $4,786,000 above 
the request. The recommendation provides programmatic increases 
to expand and reformat Urdu broadcasting into Pakistan, and 
Persian into Iran. Further, the recommendation includes 
$19,614,000, the full request, for the News Division. The 
Committee strongly supports increased broadcasting efforts, as 
proposed in the budget, to East Asia, including all languages 
to China.
    Radio Free Europe/Radio Liberty.--The Committee 
recommendation provides $77,651,000 for RFE/RL, including an 
increase of $4,214,000 above the request, including funds for 
additional broadcasting in Russian and Ukrainian. The Committee 
recommendation restores the proposed reductions to the news and 
current affairs service, broadcasts to Iraq, and broadcasts in 
Belarusian and Romanian. The Committee continues to support 
programming efforts in Persian, Tajik, Uzbek, Turkmen, Arabic, 
Kazakh, Kyrgyz, Albanian, and Azeri. The Committee commends 
RFE/RL for developing programming in Avar, Chechen, and 
Circassian, and for expanding broadcasting to the Northern 
Caucasus. The Committee recognizes the continuing importance of 
broadcasting objective, uncensored information to the isolated 
minorities of the Northern Caucasus in their native languages.
    RFE/RL headquarters.--The Committee supports the efforts of 
the Administration to take necessary measures to ensure the 
safety of all broadcasting employees. The Committee 
recommendation includes funding, as requested, regarding 
security measures associated with the RFE/RL headquarters 
facility in Prague, the Czech Republic.
    Broadcasting to Cuba.--The Committee recommendation 
includes $27,629,000 for radio and television broadcasting to 
Cuba, which is the same as the request.
    Radio Free Asia.--The Committee recommendation includes 
$29,585,000 for RFA, $200,000 above the request. The Committee 
recommendation does not include the proposed reduction in 
Cantonese programming. The Committee strongly supports ongoing 
broadcasting efforts to China, Tibet, Burma, Vietnam, North 
Korea, Laos, and Cambodia.
    The recommendation includes funding for RFA to continue 
daily Uyghur broadcasts.
    The Committee encourages the Board to increase the number 
of broadcast hours of both the VOA and the RFA Korean and 
Cantonese services. The Committee expects the BBG to reprogram 
funds, if necessary, to achieve these increases.
    The Committee urges the Broadcasting Board of Governors to 
focus programming on the promotion of religious freedom and 
human rights. The BBG should work with the U.S. Commission on 
International Religious Freedom on the scope and content of 
programming that will instruct and inform on the merits of 
religious freedom as part of a civil society.

                   BROADCASTING CAPITAL IMPROVEMENTS

    The Committee recommendation includes $8,560,000 in new 
budget authority for broadcasting capital improvements, 
$2,715,000 below the current year level and the same amount as 
the request. The recommendation will provide for the 
continuation of base costs for maintenance, improvements, 
replacements and repairs, digital production capability 
development, and security upgrades at transmitting stations 
overseas.
    The Board shall continue to keep the Committees informed on 
the status of its efforts to acquire additional transmission 
capabilities in the Middle East. The Committee does not support 
the proposal in the budget to re-direct funds provided in 
Public Law 107-38 for the purpose of acquiring transmission 
capabilities in Egypt to offset requirements in the operations 
account. The Committee encourages the BBG's continuing efforts 
to acquire this capability and the recommendation includes 
funding for this purpose. The BBG shall report to the Committee 
on the progress of these efforts.

       General Provisions--Department of State and Related Agency

    The Committee recommends the following general provisions 
for the Department of State, similar to provisions that were 
included in the fiscal year 2004 Appropriations Act:
    Section 401 of the bill permits funds appropriated in this 
Act for the Department of State to be available for allowances 
and differentials as authorized by subchapter 59 of Title 5 of 
the United States Code; for services as authorized by 5 U.S.C. 
3109; and for hire of passenger transportation pursuant to 5 
U.S.C. 1343(b).
    Section 402 of the bill permits up to five percent of any 
State Department appropriation to be transferred to another 
State Department appropriation, but no program can be increased 
by more than ten percent, and provides the same authority to 
Broadcasting Board of Governors programs. In addition, the 
language provides that any transfer pursuant to this subsection 
shall be treated as a reprogramming of funds under section 605 
of the accompanying bill and shall not be available for 
obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Section 403 of the bill prohibits the use of funds by the 
Department of State or the Broadcasting Board of Governors to 
provide assistance to the Palestinian Broadcasting Corporation.
    Section 404 of the bill clarifies the responsibilities of 
the Senior Policy Operating Group on Trafficking in Persons. 
The Committee understands that the Operating Group has been 
actively meeting and performing its designated functions since 
enactment of Section 406 of division B of Public Law 108-7. The 
Committee expects that all anti-trafficking policies, grants 
and grant policies shall be covered by the provisions of 
Section 406 of division B of Public Law 108-7. The 
recommendation also includes language clarifying that the 
Senior Policy Operating Group and its chairman are the 
coordinating body (and official) accountable for federal anti-
trafficking policies, grants and grant policies. The language 
also makes clear that the coordinating responsibilities of the 
Operating Group are not intended to supercede the decision-
making authority of the constituent members of the Task Force 
to Monitor and Combat Trafficking in Persons, to whom Operating 
Group members continue to report. The Operating Group is, and 
was intended to serve as, the forum for interagency 
coordination of anti-trafficking policies, even as final 
decisions regarding any such policies are necessarily vested 
with the President and the senior officials who comprise the 
Task Force. The Committee understands that the Senior Operating 
Group and its chair have successfully performed the 
coordinating functions assigned to them.
    Section 405 of the bill includes new language concerning 
the Department's counterterrorism rewards program.

                       TITLE V--RELATED AGENCIES


                   Antitrust Modernization Commission


                         SALARIES AND EXPENSES

    The recommendation provides $1,200,000 for the Antitrust 
Modernization Commission, which is $13,000 above the fiscal 
year 2004 level and the same as the request. The Commission, 
authorized by Public Law 107-273, will examine whether 
antitrust laws need to be modernized, and will identify and 
study related antitrust issues.

      Commission for the Preservation of America's Heritage Abroad


                         SALARIES AND EXPENSES

    The recommendation includes $499,000 for the Commission for 
the Preservation of America's Heritage Abroad, which is $8,000 
above the fiscal year 2004 level and the same as the request. 
The recommendation will allow the Commission to fund its 
administrative expenses through appropriated funds while 
relying on other sources of funding for actual purchase and 
restoration of property.
    The Commission protects and preserves endangered cultural 
sites in Eastern and Central Europe important to the heritage 
of U.S. citizens, including cemeteries, monuments, and historic 
buildings. One of its primary tasks is to obtain protection and 
preservation assurances from the governments of the region. 
Although it began operations during FY 1990, more than two-
thirds of the 17 government-to-government agreements it has 
negotiated have been entered into since 2001. On May 11, 2004, 
the Commission signed a Bilateral Agreement with the Polish 
Government to preserve and protect historic Jewish cemeteries. 
The Commission has also accelerated efforts to identify and 
support a growing number of site preservation projects.

                       Commission on Civil Rights


                         SALARIES AND EXPENSES

    The recommendation includes $9,096,000 for the salaries and 
expenses of the Commission on Civil Rights, which is $95,000 
above the fiscal year 2004 level and the same as the request.
    The Commission was established by the Civil Rights Act of 
1957 and is directed by eight part-time commissioners. The 
Commission was created to protect the civil rights of people 
within the U.S. and was intended to be an independent, 
bipartisan, fact-finding agency. The Commission investigates 
charges of citizens being deprived of voting and other civil 
rights and collects, studies, and disseminates information on 
the impact of Federal laws and policies on civil rights.
    The Committee recommends language as included in previous 
years, which provides: (1) $50,000 to employ consultants; (2) a 
limitation of four full-time positions under schedule C of the 
Excepted Service, exclusive of one special assistant for each 
Commissioner, and (3) a prohibition against reimbursing 
Commissioners for more than 75 billable days, with the 
exception of the chairperson, who is permitted 125 billable 
days.

             Commission on International Religious Freedom


                         SALARIES AND EXPENSES

    The recommendation includes $3,000,000 for the Commission 
on International Religious Freedom, which is $32,000 above the 
fiscal year 2004 level and the same as the request.
    The Committee commends the Commission on its efforts to 
promote international religious freedom in consultation with 
the Department of State, independent human rights groups, and 
other non-governmental organizations, religious leaders, 
academics, policy experts, the intelligence community, and 
government agencies. The Committee urges the Commission and the 
State Department to continue work on developing an Index on 
Religious Freedom that may be used to assess progress on 
relevant issues within regions and specific countries. The 
State Department's Report on Trafficking in Persons may provide 
a useful model for assessing and tracking efforts to promote 
religious freedom worldwide.
    The Commission, established pursuant to the International 
Religious Freedom Act of 1998, conducts independent reviews and 
reporting of facts and circumstances of violations of religious 
freedom abroad, and recommends options for United States 
policies with respect to foreign countries engaging in or 
tolerating violations of religious freedom.

            Commission on Security and Cooperation in Europe


                         SALARIES AND EXPENSES

    The recommendation includes $1,831,000 for the Commission 
on Security and Cooperation in Europe, which is $233,000 above 
the fiscal year 2004 level and the same as the request. The 
Commission was established in 1976 to monitor compliance with 
the Final Act of the Conference on Security and Cooperation in 
Europe, with particular regard to provisions dealing with 
humanitarian affairs.
    The Committee recognizes the leadership of the Commission 
in promoting human rights, democracy, and the rule of law in 
the 55 participating States of the Organization for Security 
and Cooperation in Europe (OSCE).

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


                         SALARIES AND EXPENSES

    The recommendation includes $1,900,000 for the 
Congressional-Executive Commission on the People's Republic of 
China, which is $119,000 above the fiscal year 2004 level and 
the same as the request.
    The Committee commends the Commission for its ongoing 
efforts to monitor China's compliance with international human 
rights agreements and standards. The Committee urges the 
Commission to expedite completion of its Political Prisoner 
Database project in accordance with Section 302(b) of Public 
Law 106-286 and to provide a monthly status report to the 
Committee on related plans and activities. The timely 
completion of the registry will significantly heighten 
international awareness regarding the plight of political 
prisoners in China. The Committee urges the Commission to 
continue consulting with key stakeholders and the public on the 
design, development, and maintenance of the Database project.

                Equal Employment Opportunity Commission


                         SALARIES AND EXPENSES

    The recommendation includes $334,944,000 for the salaries 
and expenses of the Equal Employment Opportunity Commission 
(EEOC) for fiscal year 2005. This amount is $10,000,000 above 
the fiscal year 2004 level and $15,810,000 below the request.
    The Committee recommendation includes inflationary 
increases for personnel, benefits, and space rental costs. 
Within the amount provided, $1,454,000 is for the Alternative 
Dispute Resolution program, litigation support, and outreach, 
and $500,000 is for the New Freedom Initiative to remove 
barriers faced by people with disabilities.
    The recommendation includes language prohibiting the 
Commission from taking action to implement any workforce 
repositioning, restructuring, or reorganization unless the 
Committee has been notified in advance of such proposals, in 
accordance with the reprogramming procedures under section 605 
of this Act. In this regard, the recommendation includes 
$1,021,000 for continued implementation of the National Contact 
Center, which shall only be available subject to the submission 
of a spending plan to the Committee in accordance with the 
reprogramming procedures under section 605 of this Act. EEOC 
shall submit quarterly status reports on projected and actual 
spending levels, by function, for repositioning. In addition, 
EEOC shall continue to submit quarterly reports on projected 
and actual agency spending and staffing levels during fiscal 
year 2005.
    The bill includes language similar to that included in 
previous Appropriations Acts allowing not to exceed $33,000,000 
for payments to State and local Fair Employment Practices 
Agencies (FEPAs). The Committee again encourages the EEOC to 
use the experience the FEPAs have in mediation as the 
Commission continues to expand its Alternative Dispute 
Resolution programs. The bill also includes language similar to 
that included in previous Appropriations Acts allowing non-
monetary awards to private citizens and up to $2,500 for 
official reception and representation expenses.

                   Federal Communications Commission


                         SALARIES AND EXPENSES

    The bill includes total budget authority of $279,851,000 
for the salaries and expenses of the Federal Communications 
Commission (FCC) for fiscal year 2005, of which $272,958,000 is 
to be derived from offsetting collections, resulting in a 
direct appropriation of $6,893,000. The operating level for 
fiscal year 2005 is $5,904,000 above the fiscal year 2004 level 
and $13,107,000 below the request. The recommendation provides 
inflationary adjustments for staff compensation and benefits.
    The Committee recommendation includes bill language, 
similar to that included in previous Appropriations Acts, which 
allows: (1) up to $600,000 for land and structure; (2) up to 
$500,000 for care and improvement of grounds and buildings; (3) 
up to $4,000 for official reception and representation 
expenses; (4) purchase of uniforms and acquisition of vehicles; 
(5) special counsel fees; (6) collection of $272,958,000 in 
section 9 fees; (7) the sum appropriated to be reduced as 
section 9 fees are collected; and (8) fees in excess of 
$272,958,000 to be available in fiscal year 2006.
    The mission of the Federal Communications Commission is to 
implement the Communications Act of 1934 in a manner that 
promotes competition, innovation, and deregulation in the 
communications industry and the availability of high quality 
communications services for all Americans.
    During the FY 2004 appropriations process, the Committee 
raised concerns about FCC employees accepting travel payments 
from entities that have business concerns regulated by the 
Commission. The Committee is pleased that the Commission 
voluntarily examined its travel practices and has modified its 
procedures for accepting payments from non-governmental 
sources. However, the Committee encourages the Commission to 
extend its prohibition on non-government-sponsored travel to 
apply to all FCC employees. For this reason, the Committee has 
provided a funding recommendation that is sufficient to 
accommodate mission-critical travel.
    The Committee expects the FCC to initiate a Notice of 
Proposed Rulemaking to revise its rules regarding local public 
notice of the filing of broadcast applications (47 C.F.R. Sec. 
73.3580) to require that all local public notices must clearly 
indicate, in plain and reasonable terms that are understandable 
to the general public, the impact of the application filed with 
the Federal Communications Commission and how the public can 
participate in the FCC process regarding the application.
    The recommendation does not include a provision in the 
fiscal year 2004 bill that limited the funds available to 
administer the spectrum auctions program. The Committee expects 
the FCC to refine its cost accounting system so that auction 
costs can be clearly distinguished from the costs of other 
Commission activities.

                        Federal Trade Commission


                         SALARIES AND EXPENSES

    The Committee recommends total budget authority of 
$203,430,000 for the salaries and expenses of the Federal Trade 
Commission for fiscal year 2005, which is $17,925,000 above the 
fiscal year 2004 level and $2,000,000 below the request. 
Collections from premerger filing fees under the Hart-Scott-
Rodino Act and Do-Not-Call list fees partially offset the 
appropriation requirement for this account.
    The mission of the Commission is to enforce a variety of 
Federal antitrust and consumer protection laws. Under these 
laws, the Commission seeks to ensure that the nation's markets 
are competitive, function vigorously and efficiently, and are 
free from undue governmental and private restrictions. The 
Commission also seeks to improve the operation of the 
marketplace by eliminating deceptive and unfair practices. 
Appropriations for both the Antitrust Division of the 
Department of Justice and the Commission are partially financed 
with Hart-Scott-Rodino Act pre-merger filing fees. The 
Committee understands that due to changes in the Hart-Scott-
Rodino fee structure and a reduction in merger activity, the 
number of pre-merger filings requiring review declined by 80 
percent between fiscal year 2000 and fiscal year 2003.
    The recommendation includes modified bill language 
prohibiting the use of funds to implement or enforce portions 
of section 43 of the Federal Deposit Insurance Act and section 
151 of the Federal Deposit Insurance Corporation Improvements 
Act of 1991.
    The recommendation also includes bill language which: (1) 
allows for purchase of uniforms and hire of motor vehicles; (2) 
allows up to $2,000 for official reception and representation 
expenses; (3) allows for the collection of fees; (4) allows for 
the sum appropriated to be reduced as fees are collected; and 
(5) allows funding to be available until expended.

                            HELP Commission


                         SALARIES AND EXPENSES

    The recommendation includes $1,000,000 for the necessary 
expenses of the HELP Commission to carry out its authorized 
purposes.

                       Legal Services Corporation


               PAYMENT TO THE LEGAL SERVICES CORPORATION

    The recommendation includes $335,282,000 for the payment to 
the Legal Services Corporation. This amount is the same as the 
fiscal year 2004 level and $5,982,000 above the request. This 
amount includes: (1) $316,604,000 for grants to basic field 
programs and required independent audits; (2) $2,573,000 for 
the Office of Inspector General; (3) $13,160,000 for 
Corporation management and administration; and (4) $2,945,000 
for client self-help and information technology.
    The Legal Services Corporation is a private, nonprofit 
corporation that provides low-income individuals with access to 
legal assistance and information concerning civil legal 
problems. Created in 1974, the Legal Services Corporation is 
charged by Congress to provide assistance to those who would 
otherwise be unable to afford adequate legal counsel.
    The Committee notes that the Legal Services Corporation 
will carry forward into fiscal year 2005 balances remaining 
from prior year appropriations. The recommendation includes a 
provision to allow LSC to spend up to $1,000,000 from such 
balances for a law school student loan repayment pilot program 
in fiscal year 2005. Not later than 30 days after enactment of 
this Act, the Corporation shall submit the following 
information to the Committee: guidelines and requirements for 
implementing a loan repayment program, the number of legal aid 
attorneys who will be able to receive student loan repayment 
based on the amounts made available, and the original sources 
of funds that will be re-allocated for a student loan repayment 
program. The Committee expects that this program will help to 
encourage more lawyers to pursue careers in legal aid.

                        ADMINISTRATIVE PROVISION

    The Committee recommendation includes bill language to 
continue statutory requirements and restrictions contained in 
previous Appropriations Acts.

                        Marine Mammal Commission


                         SALARIES AND EXPENSES

    The recommendation includes $1,890,000 for the necessary 
expenses of the Marine Mammal Commission, which is $54,000 
above the fiscal year 2004 level and the same as the request.

           National Veterans Business Development Corporation

    The recommendation includes $2,000,000 for the Corporation, 
which is $21,000 above the fiscal year 2004 level and the same 
as the request. The Corporation was established by Public Law 
106-50 to foster entrepreneurship and business opportunities 
for veterans, including access to training, capital and 
markets. The Committee understands that fiscal year 2004 was 
the last year the Corporation was authorized to receive 
appropriated funding but that initial startup of the 
Corporation was delayed. The Committee encourages the 
Corporation to make its operations and programs self-sustaining 
by the start of fiscal year 2006.

                   Securities and Exchange Commission


                         SALARIES AND EXPENSES

    The Committee recommendation includes $913,000,000 for the 
Securities and Exchange Commission (SEC), including 
$893,000,000 from current year fee collections and $20,000,000 
from prior year unobligated balances. This total funding level 
is the same as the request and $101,500,000 above the level of 
funds available in fiscal year 2004.
    The primary mission of the SEC is to protect investors and 
maintain the integrity of the securities markets. This includes 
ensuring full disclosure of financial information, regulating 
the nation's securities markets, and preventing and policing 
fraud and malpractice in the securities and financial markets.
    In fiscal years 2003 and 2004, the Commission received 
funds to significantly increase its ability to protect 
investors and to implement the Sarbanes-Oxley Act. The fiscal 
year 2005 recommendation allows for inflationary adjustments; 
provides increased rent costs associated with the SEC's new 
headquarters building; and supports 106 new positions which 
will allow the SEC to oversee the structure of markets, 
vigorously employ enforcement procedures, and focus on ensuring 
the integrity of the mutual fund industry.
    The Committee remains concerned that American investors may 
be unwittingly investing in companies with ties to countries 
that sponsor terrorism or are linked to human rights 
violations. For example, the Committee is aware of certain 
companies listed on U.S. exchanges that are linked to human 
rights abuses in Sudan. The Committee believes that a company's 
association with sponsors of terrorism and human rights abuses, 
no matter how large or small, can have a materially adverse 
result on a public company's operations, financial condition, 
earnings, and stock prices, all of which can negatively affect 
the value of an investment. In order to protect American 
investors' savings and to disclose these business relationships 
to investors, the fiscal year 2004 conference report included 
the establishment of an Office of Global Security Risk within 
the Division of Corporation Finance. The Committee notes that 
the SEC has not followed the guidance included in the fiscal 
year 2004 conference report requiring submission of quarterly 
reports on the activities of this office. The Committee 
believes that the SEC must not fail to take seriously this 
threat to American investors. The Committee expects the SEC to 
report in a timely manner on the Office of Global Security Risk 
and provide quarterly reports through the end of fiscal year 
2005.
    In addition, the Committee recommends language, similar to 
that included in previous Appropriations Acts, which: (1) 
allows for the rental of space; (2) makes up to $3,000 
available for official reception and representation expenses; 
(3) makes up to $10,000 available for a permanent secretariat 
for the International Organization of Securities Commissions; 
and (4) makes up to $100,000 available for expenses of meetings 
and consultations with foreign governmental and regulatory 
officials.

                     Small Business Administration

    The accompanying bill provides a total of $672,109,000 for 
the five appropriations accounts of the Small Business 
Administration (SBA). This amount is $6,291,000 below the 
budget request and $39,172,000 below the amount appropriated in 
fiscal year 2004. Detailed guidance for the five SBA 
appropriations accounts are contained in the following 
paragraphs.

                         SALARIES AND EXPENSES

    The Committee recommends $322,322,000 for the salaries and 
expenses account of the Small Business Administration. This 
amount is the same as the amount provided in fiscal year 2004 
and $3,937,000 below the request.
    Of the amount provided under this heading, $203,722,000 is 
for operating expenses of the SBA. In addition, a total of 
$136,500,000 from other SBA accounts may be transferred to and 
merged with the salaries and expenses account for indirect 
operating costs. This amount consists of $128,000,000 from the 
Business Loans Program account and $8,500,000 from the Disaster 
Loans Program account for administrative expenses related to 
those accounts. The Committee also anticipates that SBA will 
have an additional $3,000,000 in fee receipts and $1,500,000 in 
reimbursable amounts from other agencies available for 
operating expenses. This will result in a total availability of 
$344,722,000 for the operating expenses of the SBA, an increase 
of $19,906,000 or 6 percent.
    The Committee expects this level of funding will support 
the fiscal year 2004 on-board staffing levels. The 
recommendation does not include requested increases for 
competitive sourcing, program evaluations, or e-gov activities. 
The Committee directs the SBA to support no less than the 
fiscal year 2004 level of funding for the HUBZone Contracting 
Program. In addition, the Committee expects the SBA to support 
no less than the fiscal year 2004 level for international trade 
programs, including the United States Export Assistance Centers 
(USEACs). The Committee also expects the SBA to devote funds 
from its operating budget to enhance opportunities for small 
businesses to partner with the manufacturing sector.
    In addition, the recommendation includes language under the 
Disaster Loans Program account providing that $117,000,000 of 
the amount provided for administrative expenses may be 
transferred to and merged with the salaries and expenses 
account for the direct and indirect administrative costs of 
disaster loan making and servicing.
    Within the amounts provided under this heading, the 
Committee expects the SBA to continue to help small businesses 
adapt to a paperless procurement environment. The Committee 
recommendation also includes the full amount requested for Low 
Documentation Processing Centers.
    The Committee is concerned that amounts obligated to the 
Federal Systems Integration and Management Center (FEDSIM) and 
allocated for the loan monitoring system (LMS) may expire 
before all aspects of the project are completed. The Committee 
expects the SBA to submit a plan for spending these balances in 
a timely and responsible manner so that the LMS project can 
continue to run smoothly. If it is determined that funds 
allocated for LMS will expire, the Committee expects the SBA to 
submit a legislative proposal extending the period of 
availability for obligations to be liquidated.
    The Committee notes that the SBA has two senior level 
executives dedicated to the Administration's e-gov program. The 
Committee strongly supports making the SBA's processes more 
automated and consolidated and encourages these employees and 
their staff to look for ways to continue to implement 
organizational changes to increase efficiency and improve 
customer service. The committee requests a report on these 
activities within 30 days after enactment of this Act.
    The Committee recommendation for salaries and expenses 
includes a total of $118,600,000 for non-credit initiatives as 
follows:

                        [In thousands of dollars]

National Ombudsman......................................            $500
Advocacy Research.......................................           1,100
Veterans Programs.......................................             750
7(j) Technical Assistance Programs......................           1,500
Small Business Development Centers......................          90,000
SCORE...................................................           5,000
Women's Business Centers................................          12,000
Women's Business Council................................             750
Native American Outreach................................           1,000
PRIME Technical Assistance..............................           5,000
Drug Free Workplace.....................................           1,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total, non-credit initiatives.......................         118,600

    The SBA shall not reduce these noncredit programs to fund 
operating costs.
    The Committee recommendation includes $1,000,000 under non-
credit programs for a Native American Outreach initiative. 
Funding for this initiative is in addition to amounts planned 
for this program in the operating budget. The Committee expects 
that this initiative will assist small businesses in tribal 
areas on the basis of need. The Committee realizes that not all 
Native American tribes, particularly those in remote areas 
experiencing severe economic hardship, may be aware of this and 
other SBA programs. The Committee expects the SBA to include a 
strong outreach component in this initiative to ensure that 
underserved Native American tribes have the opportunity to 
participate in the program.
    The Committee provides $90,000,000 for Small Business 
Development Centers (SBDCs), $1,937,000 above the current level 
and $2,000,000 above the request. The Committee expects SBDCs, 
among other areas of assistance, to identify export 
opportunities and to work with the manufacturing sector to 
develop strategic partnerships with small businesses. Of the 
amounts provided for the SBDC program, $2,000,000 is to 
continue the SBDC defense transition program.
    The Committee recommendation includes requested language 
authorizing $3,500 for official reception and representation 
expenses as well as language authorizing the SBA to charge fees 
to cover the cost of publications and certain loan servicing 
activities. The language also permits revenues received from 
all such activities to be credited to the salaries and expenses 
account to be available for carrying out these purposes without 
further appropriations.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommends $14,500,000 for the Office of 
Inspector General of the Small Business Administration, which 
is the same as the request and $1,636,000 above the amount 
appropriated in fiscal year 2004. The Committee understands 
that these resources will be used to meet the Office of 
Inspector General's statutory requirements, with a particular 
focus on fraud investigations, financial statement audits, and 
the agency's transformation.

                 SURETY BOND GUARANTEES REVOLVING FUND

    The Committee recommends a total of $11,400,000 for the 
Surety Bond Guarantees Revolving Fund. The Committee 
understands that the Surety Bond program is not covered by 
Federal Credit Reform Act, and that SBA requests an 
appropriation only when projections show that the reserves need 
to be replenished to cover estimated future liabilities. In the 
future, the Committee encourages the SBA to pursue incremental 
budget requests for this program rather than requesting a large 
lump sum in one fiscal year.

                     BUSINESS LOANS PROGRAM ACCOUNT

    The Committee recommends a total of $128,000,000 under this 
account for administrative expenses related to business loan 
programs. The amount provided for administrative expenses may 
be transferred to and merged with the appropriation for SBA 
salaries and expenses to cover the common overhead expenses 
associated with business loans.
    The SBA Business Loan Program serves as an important source 
of capital for America's small businesses. The recommendation 
designates a $12,500,000,000 business loan program level, the 
requested program level. The President's request and the 
Committee's recommendation assume that the 7(a) business loan 
program can operate without an appropriation for subsidy costs. 
The Committee believes that operating this program at zero 
subsidy is beneficial for the long-term sustainability of this 
program.
    The recommendation also supports the 504 and Small Business 
Investment Company (SBIC) loan programs with no subsidy 
appropriation.
    In addition, the recommendation includes a $10,000,000,000 
program level for the Secondary Market Guarantee Program. This 
reflects the inclusion of this program under the Federal Credit 
Reform Act. The established subsidy rate is zero; therefore, no 
appropriation is required.
    As required by the Federal Credit Reform Act of 1990, 
Congress is required to appropriate an amount sufficient to 
cover the subsidy costs associated with all direct loan 
obligations and loan guarantee commitments made in fiscal year 
2005, as well as the administrative expenses of the loan 
programs. The subsidy amounts are measured on a net present 
value basis, and the administrative expenses are estimated on a 
cash basis.

                     DISASTER LOANS PROGRAM ACCOUNT

    The Committee recommends a total of $195,887,000 for the 
Disaster Loans Program Account for loan subsidies and 
associated administrative expenses, which is $1,354,000 below 
the request and $27,131,000 above the fiscal year 2004 level. 
The Committee recommendation includes $78,887,000 for the 
subsidy costs of disaster loans, which when combined with 
estimated recoveries and other balances will provide for a loan 
level of at least $792,278,000, which represents the requested 
average annual disaster loan program level.
    The Committee recommendation includes $117,000,000 for 
administrative expenses of carrying out the program, which may 
be transferred to and merged with appropriations for salaries 
and expenses. The recommendation includes language specifying 
that, of the amount provided for administrative expenses, 
$108,000,000 is for the direct administrative expenses of loan 
making and loan servicing, and $8,500,000 is for indirect 
administrative expenses. The recommendation also includes 
language requiring that any amount in excess of $8,500,000 
transferred to the salaries and expenses account for indirect 
administrative expenses shall be subject to reprogramming 
requirements, as detailed under section 605 of this Act. In 
addition, the recommendation retains language transferring 
$500,000 of the amount provided for administrative expenses to 
the Office of Inspector General for audits and reviews of the 
disaster loan portfolio.
    As required by the Federal Credit Reform Act of 1990, the 
Congress is required to appropriate an amount sufficient to 
cover the subsidy costs associated with all direct loan 
obligations and loan guarantee commitments made in fiscal year 
2005, as well as the administrative expenses of the loan 
programs. The subsidy amounts are measured on a net present 
value basis, and the administrative expenses are estimated on a 
cash basis.

                        State Justice Institute


                         SALARIES AND EXPENSES

    The Committee recommends $2,227,000 for the State Justice 
Institute (SJI) for fiscal year 2005, which is the same as the 
fiscal year 2004 appropriation and $2,227,000 above the 
President's request.
    The SJI is a private, non-governmental organization that 
awards grants to improve the administration of justice in State 
courts. For the third consecutive year, the Administration's 
budget request has proposed eliminating Federal funding for 
SJI. However, the Administration's request provides a variety 
of grant programs to assist State courts under the Office of 
Justice Programs (OJP). The Committee commends SJI for 
beginning to work with OJP in fiscal year 2004 on issues 
involving State courts and encourages SJI to continue to seek 
funds from OJP grant programs.
    The Committee understands that SJI has been unable to 
generate stable sources of non-Federal funding. The Committee 
is aware that SJI has contacted bar associations and court 
organizations, yet these groups are not inclined to contribute 
to operations of the SJI beyond providing matching grant funds 
for individual projects. For this reason, the Committee has 
continued to provide Federal funds for SJI even though the 
President's request does not include funding for this 
organization.

      United States-China Economic and Security Review Commission


                         SALARIES AND EXPENSES

    The Committee recommendation includes $3,000,000 for the 
necessary expenses of the United States-China Economic and 
Security Review Commission in fiscal year 2005, including not 
more than $5,000 for the purpose of official representation. 
This amount is $1,021,000 above the fiscal year 2004 level and 
$1,000,000 above the request. Of the amount provided, 
$1,000,000 shall be used to expand the Commission's research 
programs on U.S.-China trade imbalances and China's military 
acquisitions, and to enhance the Commission's outreach efforts.

                    United States Institute of Peace


                           OPERATING EXPENSES

    The recommendation includes $23,000,000 for the United 
States Institute of Peace, which is $5,901,000 above the fiscal 
year 2004 level, excluding emergency supplemental amounts, and 
$901,000 above the budget request. The recommendation includes 
a requested program increase for programs related to resolving 
conflicts in the Arab and Muslim World. Within amounts 
available, including prior year funding, the Institute may use 
such funds as necessary for advance architectural work and 
planning related to a new headquarters facility.

                      TITLE VI--GENERAL PROVISIONS

    The Committee recommends the following general provisions 
for the departments and agencies funded in the accompanying 
bill. Except where modifications are indicated, these general 
provisions were included in the fiscal year 2004 Appropriations 
Act.
    Section 601 prohibits any appropriation contained in the 
Act from being used for publicity or propaganda purposes not 
authorized by the Congress.
    Section 602 prohibits any appropriation contained in the 
Act from remaining available for obligation beyond the current 
fiscal year unless explicitly provided.
    Section 603 provides that the expenditure of any 
appropriation contained in the Act for any consulting service 
through procurement contracts shall be limited to those 
contracts where such expenditures are a matter of public record 
and available for public inspection, except where otherwise 
provided under existing law or under existing Executive Order 
issued pursuant to existing law.
    Section 604 provides that if any provision of the Act or 
the application of such provision to any person or circumstance 
shall be held invalid, the remainder of the Act and the 
application of such provisions to persons or circumstances 
other than those to which it is held invalid shall not be 
affected.
    Section 605, modified from fiscal year 2004, provides for 
the Committee's policy concerning the reprogramming of funds. 
Section 605(a) prohibits the reprogramming of funds which: (1) 
creates new programs; (2) eliminates a program, project, or 
activity; (3) increases funds or personnel by any means for any 
project or activity for which funds have been denied or 
restricted; (4) relocates offices or employees; (5) reorganizes 
offices, programs, or activities; or (6) contracts out or 
privatizes any function or activity presently performed by 
Federal employees unless the Appropriations Committees of both 
Houses of Congress are notified 15 days in advance. Section 
605(b) prohibits a reprogramming of funds in excess of $500,000 
or 10 percent, whichever is less, that: (1) augments existing 
programs, projects or activities; (2) reduces by 10 percent 
funding for any existing program, project, or activity, or 
numbers of personnel by 10 percent as approved by Congress; or 
(3) results from any general savings, including savings from a 
reduction in personnel, which would result in a change in 
existing programs, activities, or projects as approved by 
Congress unless the Appropriations Committees of both Houses of 
Congress are notified 15 days in advance. The Committee has 
again included carryover funds under the requirements of 
section 605 to clarify that agencies must follow reprogramming 
procedures with respect to carryover funds.
    Section 606 prohibits funds in the Act from being used for 
construction, repair (other than emergency repair), overhaul, 
conversion, or modernization of vessels for the National 
Oceanic and Atmospheric Administration in shipyards located 
outside the United States.
    Section 607, modified as requested, states the sense of the 
Congress that, to the greatest extent possible, all equipment 
and products purchased with funds made available in the bill 
should be American-made; directs the head of each Federal 
agency to provide a notice describing Congressional intent to 
any entity it provides financial assistance to or enters into a 
contract with; and makes any person determined to have misused 
``Made in America'' labeling ineligible to receive grants or 
contracts made with funds provided under this Act.
    Section 608 prohibits funds from being used to implement, 
administer, or enforce any guidelines of the Equal Employment 
Opportunity Commission covering harassment based on religion 
similar to proposed guidelines published by the EEOC in 
October, 1993.
    Section 609, proposed for deletion in the budget request, 
prohibits the use of funds for any United Nations peacekeeping 
mission when it is made known that United States Armed Forces 
are under the command or operational control of a foreign 
national and the President has not submitted to the Congress a 
recommendation that such involvement is in the national 
security interest of the United States.
    Section 610 requires quarterly reporting to Congress of 
unobligated balances that were received during any previous 
fiscal year. This provision has been modified from fiscal year 
2004 to add the Securities and Exchange Commission.
    Section 611, proposed for deletion in the budget request, 
prohibits the use of funds to pay for expansion of diplomatic 
or consular operations in Vietnam beyond the level of 
operations on July 11, 1995, unless the President certifies 
within 60 days that Vietnam is cooperating in full faith with 
the U.S. on POW/MIA issues.
    Section 612 provides that any closing or downsizing costs 
incurred by a department or agency funded under this Act 
resulting from funding reductions in the Act shall be absorbed 
within the budgetary resources available to the Department or 
agency, and provides transfer authority between appropriation 
accounts to carry out the provision, subject to reprogramming 
procedures.
    Section 613, proposed for deletion in the budget request, 
prohibits funds made available in this Act from being used to 
promote the sale or export of tobacco or tobacco products or to 
seek the reduction or removal of foreign restrictions on the 
marketing of tobacco products, provided that such restrictions 
are applied equally to all tobacco products or tobacco products 
of the same type. This provision is not intended to impact 
routine international trade services provided to all U.S. 
citizens, including the processing of applications to establish 
foreign trade zones.
    Section 614 prohibits funds for the issuance of visas to 
persons involved in political and extrajudicial killings in 
Haiti.
    Section 615, with minor technical modifications, prohibits 
funds made available in this Act from being used to implement a 
Federal user fee for background checks conducted pursuant to 
the Brady Handgun Control Act of 1993, or to implement a 
background check system that does not require and result in the 
destruction of certain information within 24 hours.
    Section 616, modified from fiscal year 2004 and the 
request, delays the obligations of any receipts deposited into 
the Crime Victims Fund in excess of $650,000,000 until October 
1, 2005. This language is continued to ensure a stable source 
of funds will remain available for the program, despite 
inconsistent levels of criminal fines deposited annually into 
the fund. The Committee understands that the Administration 
assumed that the regulations required to implement the 
International Terrorism Victim Compensation Program would be in 
place during fiscal year 2005 and requested a $50,000,000 
increase in the obligation limitation to fund this program. The 
Committee understands that these regulations are unlikely to be 
implemented during fiscal year 2005. Therefore, the Committee's 
$25,000,000 increase in the obligation limitation will be 
available to support an increase in other victims assistance 
programs.
    Section 617 prohibits the use of Department of Justice 
funds for programs that discriminate against or denigrate the 
religious beliefs of students participating in such programs.
    Section 618, proposed for deletion in the budget request, 
prohibits the use of funds to process visas for citizens of 
countries that deny or delay the repatriation of deported 
citizens.
    Section 619 prohibits the use of Department of Justice 
funds to transport high security prisoners to facilities not 
certified by the Bureau of Prisons as appropriate to receive 
such prisoners.
    Section 620, proposed for deletion in the budget request, 
prohibits the use of funds for certain audiovisual equipment 
and material by Federal Prisons.
    Section 621, proposed for deletion in the budget request, 
prohibits the transfer of funds in the Act to any department or 
agency of the U.S. Government, except for transfers made under 
authorities provided in this, or any other appropriation Act.
    Section 622, modified from fiscal year 2004 and proposed 
for deletion in the budget request, requires the Departments of 
Commerce, Justice, and State, the Judiciary, the Securities and 
Exchange Commission and the Small Business Administration to 
certify that telecommuting opportunities have been made 
available to 100 percent of the eligible workforce. Previous 
public laws have required departments and agencies to establish 
policies under which eligible employees may participate in 
telecommuting to the maximum extent possible. Noting that each 
entity should have met this requirement by now, the Committee 
requires certification that each has done so. This section also 
designates funding for the departments, the Judiciary, the 
Securities and Exchange Commission and the Small Business 
Administration to be available only after such certification is 
provided.
    Section 623 requires the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to include specific language in any 
release of tracing study data that makes clear that trace data 
cannot be used to draw broad conclusions about firearms-related 
crime.
    Section 624 prohibits the use of funds to process patents 
of human organisms. The Committee concurs with the intent of 
this provision as expressed in the colloquy between the 
provision's sponsor in the House and the ranking minority 
member of the House Committee on Appropriations as occurred on 
July 22, 2003, with respect to any existing patents on stem 
cells.
    Section 625, proposed for deletion in the budget request, 
prohibits the use of funds in this Act to pay expenses for any 
United States delegation to the United Nations Human Rights 
Commission if such commission is chaired or presided over by a 
country that has repeatedly provided support for acts of 
international terrorism.
    Section 626 includes new language amending Section 604 of 
the Secure Embassy Construction and Counterterrorism Act of 
1999 by providing for capital security cost sharing. The 
amended section directs that all agencies with personnel 
overseas subject to chief of mission authority shall 
participate and provide funding in advance for their share of 
costs of providing new, safe, and secure United States 
diplomatic facilities, without offsets, on the basis of the 
total overseas presence determined annually.
    The Secretary of State is the single manager of all 
buildings and grounds for use by the diplomatic and consular 
establishments in foreign countries, as authorized by the 
Foreign Service Buildings Act of 1926 (22 U.S.C. 292). In 
addition, the Secretary is authorized to collect funds from 
each agency on the basis of its total overseas presence in a 
manner that encourages rightsizing of its overseas presence. 
Overseas presence is determined to include contractors and 
locally hired personnel who are working from US diplomatic 
facilities and are under chief of mission authority. Such funds 
shall be used solely for the provision of new safe and secure 
diplomatic facilities that comply with all applicable legal 
standards, including those standards established under the 
Secure Embassy Construction and Counterrorism Act of 1999. The 
Secretary shall include in the Department of State's 
Congressional Presentation Document an accounting of the 
sources and uses of the amounts deposited into the account. The 
Committee does not expect overseas presence in this context to 
include those government employees who have been given or 
expect to be given a waiver (available under 606(a)(2)(B)(I) of 
the Secure Embassy Construction and Counterrorism Act of 1999) 
from the requirement to be collocated on the embassy compound.

                         TITLE VII--RESCISSIONS


                         DEPARTMENT OF JUSTICE


                       Office of Justice Programs


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

                              (RESCISSION)

    The Committee recommends a rescission of $20,000,000 from 
unobligated balances in this account. The budget request 
proposed a rescission of $53,471,000 for this account under 
Title I.

                  COMMUNITY ORIENTED POLICING SERVICES

                              (RESCISSION)

    The Committee recommends a rescission of $61,000,000 from 
balances made available through the recovery of prior year 
deobligations. The budget request proposed a rescission of 
$53,471,000 for this account under Title I.

              House of Representatives Report Requirements

    The following items are included in accordance with various 
requirements of the Rules of the House of Representatives.

                        Constitutional Authority

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives states that:

          Each report of a committee on a bill or joint 
        resolution of a public character shall include a 
        statement citing the specific powers granted to the 
        Congress in the Constitution to enact the law proposed 
        by the bill or joint resolution.

    The Committee on Appropriations bases its authority to 
report this legislation from Clause 7 of Section 9 of Article I 
of the Constitution of the United States of America, which 
states:

          No money shall be drawn from the Treasury but in 
        consequence of Appropriations made by law. * * *

    Appropriations contained in this Act are made pursuant to 
this specific power granted by the Constitution.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorizes funding:
    The Committee on Appropriations considers program 
performance, including a program's success in developing and 
attaining outcome-related goals and objectives in developing 
funding recommendations.

               Changes in the Application of Existing Law

    Pursuant to clause 3(f)(1) of rule XIII of Rules of the 
House of Representatives, the following statements are 
submitted describing the effect of provisions in the 
accompanying bill, which directly or indirectly change the 
application of existing law.
    Language is included in various parts of the bill to 
continue ongoing activities which require annual authorization 
or additional legislation, which to date has not been enacted.
    The bill includes provisions which place limitations on the 
use of funds in the bill or change existing limitations and 
which might, under some circumstances, be construed as changing 
the application of existing law.
    The bill includes a number of provisions, which have been 
virtually unchanged for many years, which are technically 
considered legislation.
    The bill also provides that a number of appropriations 
shall remain available for obligation beyond the current fiscal 
year. While these provisions are not specifically authorized 
for all of the items, it is deemed desirable to include such 
language for certain programs in order to provide for orderly 
administration and the effective use of funds.
    Language is included under a number of accounts in which 
appropriations are offset by collections that specifies the 
level of offsetting collections to be credited to the account 
and in certain cases makes collections in excess of the level 
available in the following fiscal year.
    In various places in the bill, the Committee has designated 
funds within appropriation accounts in order to fund specific 
programs and has adjusted some designations.
    Language is deleted for items that were one-time 
requirements in fiscal year 2004.
    Language is included making changes to citations of 
authorizations.
    Language is included designating the number of employees 
and funding for certain functions of the Departments of 
Commerce, Justice and State.
    In various places in the bill, language is included 
restricting travel costs of regulatory agencies from being paid 
by certain non-Federal sources.
    Throughout the bill, several General Provisions carried in 
the fiscal year 2004 bill for one-time requirements are deleted 
and several others contain technical modifications.
    Those additional changes in the fiscal year 2005 bill, 
which might be interpreted as changing existing law, are as 
follows:
    Under Detention Trustee, language is deleted regarding 
authorities of the Detention Trustee, management of funds, and 
detention policy.
    Under United States Marshals Service, Salaries and 
Expenses, language is deleted designating an amount for 
fugitive task forces. Language is included regarding amounts 
available for information technology systems. Language is 
modified regarding courthouse security equipment and 
designating positions and workyears. Under United States 
Marshals Service, Construction, language is included regarding 
the activities funded in this account and designating 
availability of funds. Language is deleted regarding uses of 
funds.
    Under Fees and Expenses of Witnesses, language is modified 
concerning authorized expenses.
    The Interagency Crime and Drug Enforcement account is 
provided under the heading Interagency Law Enforcement rather 
than under the Drug Enforcement Administration.
    Under the Interagency Crime and Drug Enforcement account, 
language regarding the distribution of carryover balances is 
deleted.
    Under the Federal Bureau of Investigation, language 
regarding funding availability is modified.
    Funding for the Foreign Terrorist Tracking Task Force is 
provided under the Federal Bureau of Investigation rather than 
under a separate heading.
    Under the Federal Bureau of Investigation, modified 
language is included concerning reimbursable agreements with 
State and local law enforcement.
    Under the Federal Bureau of Investigation, language is 
including making funding available for a records management 
facility.
    Under the Drug Enforcement Administration, language 
regarding funding availability is modified.
    Under the Bureau of Alcohol, Tobacco, Firearms and 
Explosives, language regarding funding availability is 
included.
    Under the Bureau of Alcohol, Tobacco, Firearms and 
Explosives, language is included concerning license renewals.
    Under Federal Prison System, Salaries and Expenses, 
language is included regarding the number of new and 
replacement automobile purchases and regarding funds carried 
forward into the next fiscal year.
    Under State and Local Law Enforcement Assistance, language 
is deleted concerning the transfer of funding to the Violence 
Against Women Prevention and Prosecution Programs account. 
Language is included making funds available for the Edward 
Byrne Memorial Justice Assistance Grants program. Language is 
deleted concerning the disbursement of funds under the State 
Criminal Alien Assistance Program. Language is modified 
concerning the Edward Byrne Discretionary program. Language is 
modified concerning Drug Courts. Language is included 
concerning a State and local intelligence sharing program. 
Language is deleted concerning litigation processing.
    Under Weed and Seed Program Fund, language is deleted 
concerning salaries and expenses. Language regarding funding 
availability is modified, and language regarding gang-related 
crimes is included.
    Under Community Oriented Policing Services, language 
concerning reimbursable services is deleted. Language 
concerning COPS enhancement grants is included. Language 
concerning armor vests is modified. Language regarding the 
availability of DNA analysis funding is deleted.
    Under the Violence Against Women Prevention and Prosecution 
Programs account, language regarding the Juvenile Justice and 
Delinquency Prevention Act of 1974 is included. Language 
regarding the televised testimony program is modified.
    Under the Juvenile Justice account, language regarding the 
administration of gang resistance program funding is modified.
    Under the Public Safety Officers Benefits program, language 
is included concerning the education assistance program.
    In section 109, language is included prohibiting certain 
drug procurement quotas.
    In section 110, language is included permitting the 
establishment of certain procurement quotas.
    In section 111, language is including regarding mandatory 
retirement for certain Federal Bureau of Investigation 
employees.
    In section 112, language is included regarding retention 
and relocation bonuses for the FBI.
    In section 113, language is included regarding the 
establishment of a Federal Bureau of Investigation reserve 
program.
    In section 114, language is included regarding critical 
intelligence positions for the FBI.
    Under Office of United States Trade Representative, 
language is included designating funds for a certain purpose, 
and language regarding certain negotiations is deleted.
    Under International Trade Administration, Operations and 
Administration, language is included changing the name of a 
programmatic line office and designating funds for certain 
centers and offices.
    Under Bureau of Industry and Security, language is included 
under Economic and Information Infrastructure making a certain 
amount available for a certain economic study.
    Under Periodic Censuses and Programs, language is included 
designating funds for certain purposes. Language is modified 
regarding the 2010 decennial census.
    Under Public Telecommunications Facilities, Planning and 
Construction, language is included providing for the 
administration of grants. Language is deleted regarding 
availability of funds and limiting funding for program 
administration.
    Under Information Infrastructure Grants, language is 
included regarding authority to administer prior-year grants.
    Under United States Patent and Trademark Office, language 
is included regarding availability of funds, including funds 
from fees. Language is included regarding positions, workyears, 
and funds for certain functions, certain payments from a non-
Federal entity, and certain retirement benefits.
    Under Industrial Technology Services, language is deleted 
regarding the Advanced Technology Program and regarding non-
profit organizations.
    Under National Oceanic and Atmospheric Administration, 
Operations, Research, and Facilities, language is deleted 
regarding limitations on a grant program, a limitation on the 
amount for payment to the Department's Working Capital Fund, 
giving direction on a certain organizational structure and on 
certain cooperative agreements, and a transfer of funds to the 
Marine Mammal Commission. Language is included limiting the 
amount available for corporate services.
    Under National Oceanic and Atmospheric Administration, 
Procurement, Acquisition and Construction, language is included 
regarding reprogramming and the use of deobligated balances.
    Under Pacific Coastal Salmon Recovery, language is included 
describing uses of funds under this account.
    Language is deleted regarding funding for the Fishermen's 
Contingency Fund and the Foreign Fishing Observer Fund.
    Under Fisheries Finance Program Account, language is 
modified regarding uses of the funding.
    Section 205 includes language prohibiting Commerce 
Department funds in this or any other Act from being used for 
the purpose of reimbursing the Unemployment Trust Fund or any 
other Treasury account for temporary Census workers.
    Under Supreme Court, Care of the Building and Grounds, 
language is included regarding an authorization.
    Under Courts of Appeals, District Courts, and other 
Judicial Services, Salaries and Expenses, language is deleted 
regarding holding district court proceedings in a particular 
location.
    Under Courts of Appeals, District Courts, and other 
Judicial Services, Defender Services, language is included 
making a minor change in the description of federal defender 
organizations.
    Under Courts of Appeals, District Courts, and other 
Judicial Services, Court Security, language is included 
regarding additional uses of funds.
    In section 303, language is included making a minor 
revision to an account title.
    Under Administration of Foreign Affairs, language is 
included designating a level of funding and number of positions 
for the Bureau of Legislative Affairs, a level for public 
diplomacy international information programs, a specific level 
to operate an Office on Right-Sizing the United States 
Government Overseas Presence, and a specific level for certain 
information system costs. Language is included requiring 
notification of Congress prior to the processing of licenses 
for the export of satellites to China.
    Under Embassy Security, Construction, and Maintenance, 
language is included making funds available only for worldwide 
security upgrades, acquisition, and construction. Language is 
also included identifying an amount for domestic and overseas 
representation.
    Under International Organizations, Contributions to 
International Organizations, language is included requiring 
that the United Nations remain within its biennial budget, and 
providing a certain level and authority for the costs of 
renovating its headquarters.
    Under Contributions to International Peacekeeping 
Activities, language is deleted making funding available for 
two fiscal years and regarding prior year unobligated balances.
    Under Broadcasting Board of Governors, International 
Broadcasting Operations, language is included regarding 
authorities for broadcasting to Cuba and the Middle East, and 
designating an amount to remain available until expended.
    Section 405 includes new language regarding the Department 
of State's Counterterrorism Rewards program.
    Under Equal Employment Opportunity Commission, language is 
included that prohibits the Commission from taking any 
repositioning, restructuring, or reorganization unless the 
Committee has been notified in advance of such proposals, in 
accordance with the reprogramming procedures under section 605 
of this Act.
    Under Federal Communications Commission, Salaries and 
Expenses, language is deleted regarding amounts retained to 
administer a program.
    Under Federal Trade Commission, Salaries and Expenses, 
language is deleted regarding enforcement of a provision of law 
and regarding a Commission rule. Language is included regarding 
implementing and enforcing certain provisions of law.
    Under Legal Services Corporation, Payment to the Legal 
Services Corporation, language is deleted regarding a grant 
formula adjustment, and new language is included allowing the 
use of prior year funds for student loan repayment. Language is 
deleted in the Administrative Provision--Legal Services 
Corporation, placing a condition on a portion of the 
appropriation.
    Under Securities and Exchange Commission, Salaries and 
Expenses, language is included regarding availability of funds.
    Under Small Business Administration, Salaries and Expenses, 
language is included regarding an authorization citation, and 
language is deleted concerning a funding designation. Under 
Small Business Administration, Guaranteed Loans Subsidy, 
language is deleted designating amounts for the cost of 
business loans and requiring a specific notification. Language 
is included setting program levels for zero subsidy loan 
programs and designating an amount of lending authority for a 
program. Under Small Business Administration, Disaster Loans 
Program Account, language is included regarding availability of 
funds for direct administrative expenses.
    In section 618, language is modified regarding limitation 
on a certain program.
    In section 622, language is included requiring the 
Departments of Commerce, Justice, State, the Judiciary, the 
Securities and Exchange Commission and the Small Business 
Administration to certify that telecommuting options have been 
offered to 100 percent of the eligible workforce. This section 
also designates funding for the departments, the Judiciary, the 
Securities and Exchange Commission and the Small Business 
Administration to be available to implement telecommuting 
programs only after such certification is provided, and 
requires the entities to report on expenditure of the funds 
provided.
    In section 626, language is included establishing a capital 
security cost sharing program.
    Language is included rescinding funds under State and Local 
Law Enforcement Assistance and Community Oriented Policing 
Services.

                  Appropriations Not Authorized by Law

    Pursuant to clause 3(f)(1) of rule XIII of the Rules of the 
House of Representatives, the following table lists the 
appropriations in the accompanying bill which are not 
authorized by law:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                 Appropriations
               Agency/program                   Last year of    Authorization   in last year of   Appropriations
                                               authorization        level         authorization    in this bill
----------------------------------------------------------------------------------------------------------------
Department of Justice: \1\
    General Administration..................             2003         $121,079         $100,579         $124,906
    Identification Systems Integration......             2003               --            9,000            5,054
    Legal Activities Office Automation......             2003           15,942           15,942           50,000
    Joint Automated Booking System..........             2003           24,505           15,973           20,000
    Narrowband..............................             2003          149,292           81,354          100,000
    Administrative Review and Appeals.......             2003          198,869          191,535          202,518
    Detention Trustee.......................             2003        1,388,583        1,366,591          938,810
    Office of Inspector General.............             2003           66,288           57,937           63,813
    U.S. Parole Commission..................             2003           11,355           10,488           10,650
    General Legal Activities................             2003          659,181          611,325          639,314
    Radiation Exposure Compensation.........             2003        such sums               --           72,000
    Antitrust Division......................             2003          141,855          133,133          135,463
    U.S. Attorneys..........................             2003        1,550,948        1,503,767        1,535,000
    Foreign Claims Settlement Commission....             2003            1,194            1,136            1,220
    U.S. Marshals Service Salaries and                   2003          722,193          680,474          752,070
     Expenses...............................
    Fees and Expenses of Witnesses..........             2003          156,145          175,645          177,585
    Community Relations Service.............             2003           10,732            9,474            9,833
    Assets Forfeiture Fund..................             2003           22,949           21,901           21,759
    Interagency Crime and Drug Enforcement..             2003          362,131          372,131          561,033
    Federal Bureau of Investigation--                    2003        4,323,912        4,234,587        5,205,028
     Salaries and Expenses..................
    Federal Bureau of Investigation--                    2003            1,250            1,250           10,242
     Construction...........................
    Drug Enforcement Administration.........             2003        1,582,044        1,560,919        1,661,503
    Bureau of Alcohol, Tobacco, Firearms and               --               --               --          870,357
     Explosives.............................
    Federal Prison System...................             2003        4,605,068        4,470,478        4,759,661
Office of Justice Programs:
    Justice Assistance:
        Management and Administration.......             2003          215,811           38,000           38,000
        National Institute of Justice.......             1995           33,000           58,879           55,000
        Bureau of Justice Statistics........             1995           33,000           32,335           34,000
        Regional Information Sharing System.             2003          100,000           29,000           40,000
        White Collar Crime..................               --               --               --            9,000
State and Local Law Enforcement:
    Justice Assistance Grants...............               --               --               --          634,000
    Byrne Grants............................             1995        1,000,000          500,000          110,000
    Indian Assistance Programs..............               --               --               --           15,000
    State Prison Drug Treatment Program.....             2000           72,000           63,000           35,000
    Prescription Drug Monitoring............               --               --               --           10,000
    Telemarketing...........................             2000            2,500            1,995            1,979
    Missing Alzheimer's Patients............             1998              900              898              883
    Hate Crimes Training....................               --               --               --            1,000
Weed and Seed...............................             2005               --               --           51,169
Violence Against Women:
    Training Programs.......................             1997            1,000               --            1,925
    Safe Havens.............................             2002           15,000               --           14,078
Community Oriented Policing:
    Methamphetamine Hot Spots...............               --               --               --           60,000
    Law Enforcement Technologies............               --               --               --          130,000
    DNA Initiative..........................               --               --               --          175,788
    Southwest Border Prosecutors............               --               --               --           40,000
    Project Safe Neighborhoods..............               --               --               --           30,000
    COPS Enhancement Grants.................               --               --               --          113,000
    Management and Administration...........               --               --               --           27,914
Juvenile Justice:
    Tribal Youth............................               --               --               --         (10,000)
    Alcohol Prevention......................               --               --               --         (25,000)
    Project Sentry..........................               --               --               --           10,650
    Secure our Schools Act..................             2003           30,000               --           20,000
    Project Childsafe.......................               --               --               --           10,000
United States Trade Representative..........             2004           33,108           41,552           41,552
International Trade Commission..............             2004           57,240           57,682           61,700
Department of Commerce:
    International Trade Administration......             1996            (\3\)          248,726          393,513
    Bureau of Industry and Security.........             2001            (\3\)           64,711           68,393
    Economic Development Administration.....             2003          335,000          318,680          320,327
    National Telecommunications and
     Information Administration \2\.........
    National Institute of Standards and                  1993          383,500          310,677          524,970
     Technology.............................
    National Oceanic and Atmospheric
     Administration \2\.....................
Department of State:
    Administration of Foreign Affairs.......             2003        5,133,390        5,098,804        6,457,317
    International Organizations.............             2003        1,617,359        1,529,702        1,844,210
    International Commissions...............             2003           66,385           57,130           59,728
    Other State.............................             2003           72,000           69,986           68,875
Broadcasting Board of Governors.............             2003          644,486          533,841          610,300
Commission on International Religious                    2003            2,865            2,865            3,000
 Freedom....................................
Federal Communications Commission...........             1991            (\3\)          115,794          279,851
Federal Trade Commission....................             1998          110,000          106,500          203,430
Legal Services Corporation..................             1980            (\3\)          300,000          335,282
Marine Mammal Commission....................             1999            1,750            1,240            1,890
Securities and Exchange Commission..........             2002          776,000          716,350          913,000
Small Business Administration...............             2003            (\3\)          643,609          582,109
State Justice Institute.....................             1996           25,000            6,850           2,227
----------------------------------------------------------------------------------------------------------------
\1\ The fiscal year 2004 Commerce, Justice, State, and the Judiciary and Related Agencies Appropriations Act,
  Public Law 108-199, Section 109, continued the authorizations contained in Public Law 107-273, the 21st
  Century Department of Justice Appropriations Authorization Act until the effective date of a subsequent
  Department of Justice appropriations authorization act.
\2\ Programs under the Department of Commerce are funded pursuant to a number of expiring authorizing statutes.
  The statutes address a number of projects that do not directly correspond to the account structure in this
  Act. Following are the relevant authorizing statutes and estimates of the funding provided pursuant to each
  statute:
\3\ Such sums.


National Telecommunications and Information
 Administration Salaries and Expenses:
 Telecommunications Authorization Act of
 1992, P.L. 102-538.........................
Public Telecommunications Facilities,                    1994           42,000           24,000            2,538
 Planning and Construction/Information
 Infrastructure Grants: Public
 Telecommunications Authorization Act of
 1992, P.L. 102-356.........................
National Oceanic and Atmospheric              ...............  ...............  ...............        2,245,000
 Administration Operations, Research and
 Facilities
    Endangered Species Act Amendments of                 1992            6,750            8,236
     1988, P.L. 100-478.....................
    Marine Mammal Protection Act, P.L. 103-              1999           14,768           22,927
     238....................................
    International Dolphin Conservation                   2001            4,000            3,293
     Program Act, P.L. 105-42...............
    Magnuson-Stevens Fisheries Conservation              1999          159,000          165,286
     Act, P.L. 104-297......................
    NOAA Marine Fisheries Program                        2000          110,470          125,596
     Authorization Act, P.L. 104-297........
    Coastal Zone Management Act, P.L. 104-               1999           55,100           58,500
     150....................................
    Coastal Zone Management Act, P.L. 101-               1995           12,000            5,000
     506 section 6217, Coastal Nonpoint
     Source Program.........................
Pacific Coastal Salmon Recovery: Northern                2003          100,000          129,155           80,000
 Boundary and Transboundary Rivers
 Restoration and Enhancement Fund and
 Southern Boundary Restoration and
 Enhancement fund, P.L. 106-553.............


                 Comparison With the Budget Resolution

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives requires an explanation of compliance with 
section 308(a)(1)(A) of the Congressional Budget and 
Impoundment Control Act of 1974 (Public Law 93-344), as 
amended, which requires that the report accompanying a bill 
providing new budget authority contain a statement detailing 
how that authority compares with the reports submitted under 
section 302 of the Act for the most recently agreed to 
concurrent resolution on the budget for the fiscal year from 
the Committee's section 302(a) allocation.

                        [In millions of dollars]
------------------------------------------------------------------------
                                         Section 302(b)   Recommended in
                                           allocation       this bill
------------------------------------------------------------------------
Budget authority:
    Mandatory.........................              704              704
    Discretionary.....................           39,815           39,815
                                       ---------------------------------
      Total budget authority..........           40,519           40,519
                                       =================================
Outlays:
    Mandatory.........................              705              705
    Discretionary.....................           40,463           40,428
                                       ---------------------------------
      Total outlays...................           41,168           41,133
------------------------------------------------------------------------

                      Five-Year Outlay Projections

    In compliance with section 308(a)(1)(B) of the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344), as amended, the following table contains 
five-year projections associated with the budget authority 
provided in the accompanying bill:

Fiscal year 2005 outlays

                        [In millions of dollars]

Budget authority........................................          40,519
Outlays:
    2005................................................          29,249
    2006................................................           6,987
    2007................................................           2,506
    2008................................................           1,526
    2009 and future years...............................             913

               Assistance to State and Local Governments

    In accordance with section 308(a)(1)(C) of the 
Congressional Budget and impoundment Control Act of 1974 
(Public Law 93-344), as amended, the financial assistance to 
State and local governments is as follows:

                                                                Millions
FY 2005 new budget authority............................           3,228
FY 2005 outlays resulting therefrom.....................           3,127

          Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 5, UNITED STATES CODE

           *       *       *       *       *       *       *



PART I--THE AGENCIES GENERALLY

           *       *       *       *       *       *       *


Subpart B--Employment and Retention

           *       *       *       *       *       *       *


   CHAPTER 35--RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE 
                PAYMENTS, RESTORATION, AND REEMPLOYMENT


                   SUBCHAPTER I--RETENTION PREFERENCE

Sec.
3501.  Definitions; application.
     * * * * * * *

   Subchapter VII--Retention of Retired Specialized Employees at the 
                     Federal Bureau of Investigation

3598.  Federal Bureau of Investigation reserve service.

           *       *       *       *       *       *       *


   SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE 
                    FEDERAL BUREAU OF INVESTIGATION

Sec. 3598. Federal Bureau of Investigation Reserve Service

  (a) Establishment.--The Director of the Federal Bureau of 
Investigation may provide for the establishment and training of 
a Federal Bureau of Investigation Reserve Service (hereinafter 
in this section referred to as the ``FBI Reserve Service'') for 
temporary reemployment of employees in the Bureau during 
periods of emergency, as determined by the Director.
  (b) Membership.--Membership in the FBI Reserve Service shall 
be limited to individuals who previously served as full-time 
employees of the Bureau.
  (c) Annuitants.--If an annuitant receiving an annuity from 
the Civil Service Retirement and Disability Fund becomes 
temporarily reemployed pursuant to this section, such annuity 
shall not be discontinued thereby. An annuitant so reemployed 
shall not be considered an employee for the purposes of chapter 
83 or 84.
  (d) No Impact on Bureau Personnel Ceiling.--FBI Reserve 
Service members reemployed on a temporary basis pursuant to 
this section shall not count against any personnel ceiling 
applicable to the Bureau.
  (e) Expenses.--The Director may provide members of the FBI 
Reserve Service transportation and per diem in lieu of 
subsistence, in accordance with applicable provisions of this 
title, for the purpose of participating in any training that 
relates to service as a member of the FBI Reserve Service.
  (f) Limitation on Membership.--Membership of the FBI Reserve 
Service is not to exceed 500 members at any given time.

           *       *       *       *       *       *       *


Subpart D--Pay and Allowances

           *       *       *       *       *       *       *


CHAPTER 53--PAY RATES AND SYSTEMS

           *       *       *       *       *       *       *


Sec. 5377. Pay authority for critical positions

  (a) For the purpose of this section--
          (1) * * *
          (2) the term ``position'' means--
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) a position established under section 
                3104; [and]
                  (F) a position in a category as to which a 
                designation is in effect under subsection 
                (i)[.]; and
                  (G) a position at the Federal Bureau of 
                Investigation, the primary duties and 
                responsibilities of which relate to 
                intelligence functions (as determined by the 
                Director of the Federal Bureau of 
                Investigation).

           *       *       *       *       *       *       *


          CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE

    SUBCHAPTER I--TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

Sec.
5701.  Definitions.
     * * * * * * *

                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS

5751.  Travel expenses of witnesses.
     * * * * * * *
5759.  Retention and relocation bonuses for the Federal Bureau of 
          Investigation.

           *       *       *       *       *       *       *


SUBCHAPTER IV--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


Sec. 5759. Retention and relocation bonuses for the Federal Bureau of 
                    Investigation

  (a) Authority.--The Director of the Federal Bureau of 
Investigation, after consultation with the Director of the 
Office of Personnel Management, may pay, on a case-by-case 
basis, a bonus under this section to an employee of the Bureau 
if--
          (1)(A) the unusually high or unique qualifications of 
        the employee or a special need of the Bureau for the 
        employee's services makes it essential to retain the 
        employee; and
          (B) the Director of the Federal Bureau of 
        Investigation determines that, in the absence of such a 
        bonus, the employee would be likely to leave--
                  (i) the Federal service; or
                  (ii) for a different position in the Federal 
                service; or
          (2) the individual is transferred to a different 
        geographic area with a higher cost of living (as 
        determined by the Director of the Federal Bureau of 
        Investigation).
  (b) Service Agreement.--Payment of a bonus under this section 
is contingent upon the employee entering into a written service 
agreement with the Bureau to complete a period of service with 
the Bureau. Such agreement shall include--
          (1) the period of service the individual shall be 
        required to complete in return for the bonus; and
          (2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has 
        been completed, and the effect of the termination.
  (c) Limitation on Authority.--A bonus paid under this section 
may not exceed 50 percent of the employee's basic pay.
  (d) Impact on Basic Pay.--A retention bonus is not part of 
the basic pay of an employee for any purpose.
  (e) Termination of Authority.--The authority to grant bonuses 
under this section shall cease to be available after December 
31, 2009.

           *       *       *       *       *       *       *


Subpart G--Insurance and Annuities

           *       *       *       *       *       *       *


CHAPTER 83--RETIREMENT

           *       *       *       *       *       *       *


SUBCHAPTER III--CIVIL SERVICE RETIREMENT

           *       *       *       *       *       *       *


Sec. 8335. Mandatory separation

  (a) * * *
  (b)(1) A law enforcement officer, firefighter, or nuclear 
materials courier who is otherwise eligible for immediate 
retirement under section 8336(c) shall be separated from the 
service on the last day of the month in which that officer, 
firefighter, or courier, as the case may be, becomes 57 years 
of age or complete 20 years of service if then over that age. 
The head of the agency, when in his judgment the public 
interest so requires, may exempt such an employee from 
automatic separation under this subsection until that employee 
becomes 60 years of age. The employing office shall notify the 
employee in writing of the date of separation at least 60 days 
in advance thereof. Action to separate the employee is not 
effective, without the consent of the employee, until the last 
day of the month in which the 60-day notice expires.
  (2) In the case of employees of the Federal Bureau of 
Investigation, the second sentence of paragraph (1) shall be 
applied by substituting ``65 years of age'' for ``60 years of 
age''. The authority to grant exemptions in accordance with the 
preceding sentence shall cease to be available after December 
31, 2009.

           *       *       *       *       *       *       *


CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM

           *       *       *       *       *       *       *


SUBCHAPTER II--BASIC ANNUITY

           *       *       *       *       *       *       *


Sec. 8425. Mandatory separation

  (a) * * *
  (b)(1) A law enforcement officer, firefighter, or nuclear 
materials courier who is otherwise eligible for immediate 
retirement under section 8412(d) shall be separated from the 
service on the last day of the month in which that law 
enforcement officer, firefighter, or nuclear materials courier, 
as the case may be, becomes 57 years of age or completes 20 
years of service if then over that age. If the head of the 
agency judges that the public interest so requires, that agency 
head may exempt such an employee from automatic separation 
under this subsection until that employee becomes 60 years of 
age. The employing office shall notify the employee in writing 
of the date of separation at least 60 days before that date. 
Action to separate the employee is not effective, without the 
consent of the employee, until the last day of the month in 
which the 60-day notice expires.
  (2) In the case of employees of the Federal Bureau of 
Investigation, the second sentence of paragraph (1) shall be 
applied by substituting ``65 years of age'' for ``60 years of 
age''. The authority to grant exemptions in accordance with the 
preceding sentence shall cease to be available after December 
31, 2009.

           *       *       *       *       *       *       *

                              ----------                              


    SECTION 36 OF THE STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956

SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.

  (a) * * *
  (b) Rewards Authorized.--In the sole discretion of the 
Secretary (except as provided in subsection (c)(2)) and in 
consultation, as appropriate, with the Attorney General, the 
Secretary may pay a reward to any individual who furnishes 
information leading to--
          (1) * * *

           *       *       *       *       *       *       *

          (5) the prevention, frustration, or favorable 
        resolution of an act described in paragraph (1), (2), 
        or (3), including by dismantling an organization in 
        whole or significant part; [or]
          (6) the identification or location of an individual 
        who holds a key leadership position in a terrorist 
        organization[.]; or
          (7) the disruption of financial mechanisms of a 
        foreign terrorist organization, including the use by 
        the organization of illicit narcotics production or 
        international narcotics trafficking--
                  (A) to finance acts of international 
                terrorism; or
                  (B) to sustain or support any terrorist 
                organization.

           *       *       *       *       *       *       *

  (e) Limitations and Certification.--
          (1) Maximum amount.--No reward paid under this 
        section may exceed [$5,000,000] $25,000,000, except as 
        personally authorized by the Secretary of State if he 
        determines that offer or payment of an award of a 
        larger amount is necessary to combat terrorism or 
        defend the Nation against terrorist acts.[.] Without 
        first making such determination, the Secretary may 
        authorize a reward of up to twice the amount specified 
        in this paragraph for the capture or information 
        leading to the capture of a leader of a foreign 
        terrorist organization.

           *       *       *       *       *       *       *

          (6) Forms of reward payment.--The Secretary may make 
        a reward under this section in the form of money, a 
        nonmonetary item (including such items as automotive 
        vehicles), or a combination thereof.

           *       *       *       *       *       *       *

  (i) Media Surveys and Advertisements.--
          (1) Surveys conducted.--For the purpose of more 
        effectively disseminating information about the rewards 
        program, the Secretary may use the resources of the 
        rewards program to conduct media surveys, including 
        analyses of media markets, means of communication, and 
        levels of literacy, in countries determined by the 
        Secretary to be associated with acts of international 
        terrorism.
          (2) Creation and purchase of advertisements.--The 
        Secretary may use the resources of the rewards program 
        to create advertisements to disseminate information 
        about the rewards program. The Secretary may base the 
        content of such advertisements on the findings of the 
        surveys conducted under paragraph (1). The Secretary 
        may purchase radio or television time, newspaper space, 
        or make use of any other means of advertisement, as 
        appropriate.
  [(i)] (j) Determinations of the Secretary.--A determination 
made by the Secretary under this section shall be final and 
conclusive and shall not be subject to judicial review.
  [( j)] (k) Definitions.--As used in this section:
          (1) * * *

           *       *       *       *       *       *       *

                              ----------                              


SECTION 604 OF THE SECURE EMBASSY CONSTRUCTION AND COUNTERTERRORISM ACT 
                                OF 1999

SEC. 604. AUTHORIZATIONS OF APPROPRIATIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (e) Capital Security Cost Sharing.--
          (1) Authority.--Notwithstanding any other provision 
        of law, all agencies with personnel overseas subject to 
        chief of mission authority pursuant to section 207 of 
        the Foreign Service Act of 1980 (22 U.S.C. 3927) shall 
        participate and provide funding in advance for their 
        share of costs of providing new, safe, secure United 
        States diplomatic facilities, without offsets, on the 
        basis of the total overseas presence of each agency as 
        determined annually by the Secretary of State in 
        consultation with such agency. Amounts advanced by such 
        agencies to the Department of State shall be credited 
        to the Embassy Security, Construction and Maintenance 
        account, and remain available until expended.
          (2) Implementation.--Implementation of this 
        subsection shall be carried out in a manner that 
        encourages right-sizing of each agency's overseas 
        presence.
          (3) Exclusion.--For purposes of this subsection 
        ``agency'' does not include the Marine Security Guard.
                              ----------                              


                           TRANSFER OF FUNDS

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, no language is included transferring 
unexpended balances.
                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each rollcall vote 
on an amendment or on the motiion to report, together with the 
names of those voting for and those voting against, are printed 
below:

                             ROLLCALL NO. 1

    Date: June 23, 2004.
    Measure: Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Bill, FY 2005.
    Motion by: Mr. Serrano.
    Description of motion: To increase the Small Business 
Administration's Business Loans Program Account by $78,887,000 
to provide a subsidy appropriation for the 7(a) general 
Business Loan Program; and to designate $78,887,000 provided in 
the bill for the Small Business Administration's Disaster Loans 
Program Account as an emergency requirement.
    Results: Rejected yeas 24 to nays 36.
        Members Voting Yea            Members Voting Nay
Mr. Berry                           Mr. Aderholt
Mr. Bishop                          Mr. Bonilla
Ms. DeLauro                         Mr. Boyd
Mr. Dicks                           Mr. Crenshaw
Mr. Edwards                         Mr. Culberson
Mr. Farr                            Mr. Doolittle
Mr. Fattah                          Mrs. Emerson
Mr. Hinchey                         Mr. Frelinghuysen
Mr. Jackson                         Mr. Goode
Ms. Kaptur                          Ms. Granger
Mr. Kennedy                         Mr. Hobson
Ms. Kilpatrick                      Mr. Istook
Mrs. Lowey                          Mr. Kingston
Mr. Mollohan                        Mr. Kirk
Mr. Moran                           Mr. Knollenberg
Mr. Murtha                          Mr. Kolbe
Mr. Obey                            Mr. LaHood
Mr. Olver                           Mr. Latham
Mr. Price                           Mr. Lewis
Mr. Rothman                         Mr. Nethercutt
Ms. Roybal-Allard                   Mrs. Northup
Mr. Sabo                            Mr. Peterson
Mr. Serrano                         Mr. Regula
Mr. Visclosky                       Mr. Rogers
                                    Mr. Sherwood
                                    Mr. Simpson
                                    Mr. Sweeney
                                    Mr. Taylor
                                    Mr. Tiahrt
                                    Mr. Vitter
                                    Mr. Walsh
                                    Mr. Wamp
                                    Dr. Weldon
                                    Mr. Wicker
                                    Mr. Wolf
                                    Mr. Young

                          Full Committee Votes

    Pursuant to the provisions of clause 3(b) of rule XIII of 
the House of Representatives, the results of each rollcall vote 
on an amendment or on the motion to report, together with the 
names of those voting for and those voting against, are printed 
below:

                             ROLLCALL NO. 2

    Date: June 23, 2004.
    Measure: Commerce, Justice, State, the Judiciary 
Appropriations Bill, FY 2005.
    Motion by: Mr. Tiahrt.
    Description of motion: To strike language under the 
Department of Justice, Bureau of Alcohol, tobacco, Firearms and 
Explosives prohibiting the use of funds to disclose to the 
public information required to be kept by Federal firearms 
licenses; and to insert language prohibiting the use of funds 
to disclose certain information to anyone other than a Federal, 
State or local law enforcement agency or a prosecutor solely in 
connection with a bona fide criminal investigation and under 
certain conditions, except for statistical information 
concerning production, importation and exportation by licensed 
importers and manufacturers.
    Results: Adopted yeas 42 to nays 19.


  Members
 Voting yea                                  Members Voting Nay

        Mr.  Mr. Latham                  Ms. DeLauro
    Aderholt
  Mr. Berry  Mr. Lewis                   Mr. Dicks
 Mr. Bishop  Mr. Mollohan                Mr. Farr
Mr. Bonilla  Mr. Nethercutt              Mr. Fattah
   Mr. Boyd  Mrs. Northup                Mr. Hinchey
 Mr. Cramer  Mr. Obey                    Mr. Jackson
        Mr.  Mr. Peterson                Ms. Kaptur
    Crenshaw
        Mr.  Mr. Regula                  Mr. Kennedy
   Culberson
        Mr.  Mr. Rogers                  Mr. Kilpatrick
  Cunningham
        Mr.  Mr. Sherwood                Mr. Kirk
   Doolittle
Mr. Edwards  Mr. Simpson                 Mrs. Lowey
       Mrs.  Mr. Sweeney                 Mr. Moran
     Emerson
        Mr.  Mr. Taylor                  Mr. Olver
 Frelinghuy
         sen
  Mr. Goode  Mr. Tiahrt                  Mr. Price
Ms. Granger  Mr. Vitter                  Mr. Rothman
 Mr. Hobson  Mr. Walsh                   Ms. Roybal-Allard
 Mr. Istook  Mr. Wamp                    Mr. Sabo
        Mr.  Dr. Weldon                  Mr. Serrano
    Kingston
        Mr.  Mr. Wicker                  Mr. Visclosky
 Knollenber
           g
  Mr. Kolbe  Mr. Wolf
 Mr. LaHood  Mr. Young


                              RESCISSIONS

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following table is submitted 
describing the rescissions recommended in the accompanying 
bill:

Department of Justice, State and Local Law Enforcement 
    Assistance Account..................................     $20,000,000
Department of Justice, Community Oriented Policing 
    Services Account....................................     $61,000,000

      Comparative Statement of New Budget (Obligational) Authority

    The following table provides a detailed summary, for each 
Department and agency, comparing the amounts recommended in the 
bill with fiscal year 2004 enacted amounts and budget estimates 
presented for fiscal year 2005:



  ADDITIONAL VIEWS OF THE HONORABLE DAVID R. OBEY AND JOSE E. SERRANO

    We support the bill despite a handful of concerns about the 
Departments of Justice and State and reservations about the 
effect of the bill on the small business community and on our 
commitment to conservation.
    Under the direction of Chairman Wolf, and with the help of 
an allocation that was $240 million above the President's 
request, the committee has managed to dig much of the way out 
of the deep hole created by the President's budget. We 
appreciate the fair manner in which both the subcommittee and 
full committee Chairmen have treated the Minority and the many 
good things in this bill.
    The bill restores $885 million of the $1 billion shortfall 
in state and local law enforcement assistance while rejecting 
the Administration's proposal to charge State and local law 
enforcement for FBI and DEA forensic lab services. The bill 
increases FBI funding to enhance the nation's counterterrorism 
effort while creating a new, Department-wide Office of Privacy 
and Civil Rights, to sensitize the Justice Department to such 
concerns. The bill restores funding for the Manufacturing 
Extension Partnership and maintains Legal Services Corporation 
funding. The bill provides full funding for State Department 
worldwide security programs, for educational and cultural 
exchanges, and for the UN, including the capital master plan. 
Report language directs the State Department to establish a new 
permanent office to plan for reconstruction and post-conflict 
stability, making clear State's preeminent role in such 
planning.
    However, we are deeply concerned about a Department of 
Justice that has provided legal advice supporting and 
justifying torture, that has advocated the indefinite 
detention, without charge or trial, of American citizens, and 
that has routinely denied legitimate Congressional requests for 
information about these policies while conducting trials by 
press conference and leaking a portion of the requested 
material to the press as part of a ``public relations 
campaign.'' We remain concerned that the United States has 
made, or is on the verge of making, new commitments for several 
international peacekeeping operations, including in Haiti and 
Sudan, for which the President has requested no funds and for 
which this bill does not provide sufficient resources. We 
remain concerned that the United States will be sending State 
Department and other government civilians to Iraq to support 
our mission there, without providing sufficient resources to 
secure and protect these employees. We fervently hope that the 
Administration will at some point give up its desire to hide 
the cost of our international commitments and request 
supplemental funding for these urgently needed missions.
    We are also concerned that the bill does not overturn the 
President's elimination of the Technology Opportunities 
Program, the Advanced Technology Program and new Public 
Telecommunications Facilities, Planning and Construction 
grants.
    In addition, we have two reservations regarding small 
business and conservation. The bill adopts much of the 
President's Small Business Administration request, which 
eliminates the Microloan Technical Assistance program and the 
subsidy appropriation for 7(a) loans. The Microloan program 
enables low-income and unemployed individuals to become self-
sufficient. According to recent data, 72 percent of low-income 
microentrepreneurs increased their household income over five 
years and more than half--53 percent--of these entrepreneurs 
moved over the poverty line. By offering technical assistance, 
including pre-loan counseling, the program has maintained an 
extremely low default rate. We are hopeful that funding may be 
restored as the bill moves forward, and we are heartened by 
Chairman Wolf's suggestion that we work together to make that 
happen.
    The bill also accepts the President's odd assumption that 
providing zero subsidy appropriations will somehow make the 
7(a) loan program more stable. The 7(a) program is the largest 
SBA financing program, supporting $12.5 billion in loans. About 
30% of all long-term, small business financing is through 7(a). 
The program is funded by a combination of subsidy 
appropriations and fees paid by participating borrowers and 
lenders. For FY 2005, the Administration proposed eliminating 
the subsidy appropriation and operating the program solely on a 
fee and recovery basis which would be the first time in its 
more than 50 years of operation. Even without zero subsidy, the 
fees will substantially increase in FY 2005. Instead of 
encouraging the small business community, zero subsidy will 
further increase fees and drive lenders and small businesses 
away from the program. Ranking member Serrano offered an 
amendment in committee to restore the subsidy appropriation but 
the amendment was defeated with not a single Republican member 
voting to sustain the 7(a) appropriation.
    We are also disappointed that the bill provides $540 
million less than the FY 2004 level for NOAA and, as a 
consequence, the bill fails to fulfill our commitment to 
conservation. In FY 2001, Congress made a multi-year commitment 
to appropriate needed increases for high-priority conservation 
programs. The commitment includes important NOAA conservation 
items such as the Coastal and Estuarine Land Conservation 
program, nonpoint source pollution, marine protected areas and 
National Marine Sanctuaries, coral reef restoration, Coastal 
Zone Management grants, and Pacific Salmon recovery. However, 
we are encouraged that Chairman Wolf has committed to improving 
the conservation numbers in conference.
    We support the bill despite our concerns and reservations. 
We look forward to working with Chairman Wolf to improve the 
bill as it continues through the process.

                                   David R. Obey.
                                   Jose E. Serrano.

                                  
