Senate Report 108-144 - DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATION BILL, 2004

[Senate Report 108-144]
[From the U.S. Government Publishing Office]

Calendar No. 274
108th Congress Report
SENATE
1st Session 108-144

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

DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATION BILL, 2004

_______

September 5, 2003.--Ordered to be printed

_______

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

R E P O R T

[To accompany S. 1585]

The Committee on Appropriations reports the bill (S. 1585)
making appropriations for the Departments of Commerce, Justice,
and State, the judiciary, and related agencies for the fiscal
year ending September 30, 2004, and for other purposes, reports
favorably thereon and recommends that the bill do pass.

Amount in new budget (obligational) authority

Total bill as reported to Senate........................ $37,637,536,000
Amount of appropriations, 2003.......................... 37,999,565,000
Amount of budget estimates, 2004, as amended............ 38,345,235,000
The bill as reported to the Senate:
Below the appropriations for 2003................... 362,029,000
Below the estimates for 2004........................ 707,699,000

C O N T E N T S

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Page
Background:
Purpose of the bill.......................................... 3
Hearings..................................................... 3
Summary of the bill.......................................... 3
Budgetary impact of the bill..................................... 6
Title I--Department of Justice and related agency................ 8
Title II--Department of Commerce and related agencies............ 69
Title III--The judiciary......................................... 115
Title IV--Department of State and related agency................. 124
Title V--Related agencies:
Commission for the Preservation of America's Heritage Abroad. 168
Commission on Civil Rights................................... 168
Commission on International Religious Freedom................ 169
Commission on Security and Cooperation in Europe............. 169
Congressional-Executive Commission on the People's Republic
of China................................................... 169
Equal Employment Opportunity Commission...................... 169
Federal Communications Commission............................ 170
Federal Trade Commission..................................... 171
Legal Services Corporation................................... 173
Marine Mammal Commission..................................... 173
National Veterans' Business Development Corporation.......... 174
Securities and Exchange Commission........................... 174
Small Business Administration................................ 175
State Justice Institute...................................... 178
United States-China Economic and Security Review Commission.. 178
Title VI--General provisions..................................... 179
Title VII--Rescissions........................................... 181
Title VIII--Other Matters........................................ 183
Title IX--Alaskan Fisheries...................................... 184
Compliance with paragraph 7, rule XVI of the Standing Rules of
the Senate..................................................... 185
Compliance with paragraph 7(c), rule XXVI of the Standing Rules
of the Senate.................................................. 185
Compliance with paragraph 12, rule XXVI of the Standing Rules of
the Senate..................................................... 186

BACKGROUND

Purpose of the Bill

This bill makes appropriations for the Departments of
Commerce, Justice, State, the Judiciary and Related Agencies
for the period October 1, 2003, through September 30, 2004.
Functional areas include the pay, allowances, and support of
personnel, operation and maintenance, procurement of equipment
and systems, construction, and research.
The bill provides funds for responding to the threat of
terrorism, fighting crime, enhancing drug enforcement,
continuing the judicial process, conducting commerce within the
United States, improving State Department operations, and
fullfilling the needs of various independent agencies.

Hearings

The Subcommittee on Commerce, Justice, State, the Judiciary
and Related Agencies Appropriations began hearings on the
fiscal year 2004 budget request on March 6, 2003, and concluded
them on April 10, 2003, after holding 5 separate sessions. The
subcommittee heard testimony from representatives of the
Departments of Commerce, Justice, State, the Federal Bureau of
Investigation and the Securities and Exchange Commission.

Summary of the Bill

The budget estimates for the departments and agencies
included in the accompanying bill are contained in the budget
of the United States for fiscal year 2004 submitted on February
3, 2003.
The total amount of new budget authority recommended by the
Committee for fiscal year 2004 is $37,637,536,000. This amount
is a decrease of $362,029,000 below appropriations enacted for
fiscal year 2003 for these departments and agencies. The
Committee recommendation is $707,699,000 below the budget
estimates. The following paragraphs highlight major themes
contained in this bill:

TERRORISM

The simplified explanation for September 11 was that we
failed to ``connect the dots''. Post-September 11 reforms were
intended to consolidate and unify intelligence gathering,
analysis, and enforcement. Instead, we now have more agencies
and organizations in the counterterrorism game than ever
before.
An April 2003 General Accounting Office [GAO] report on
terrorist watch lists highlights the result. Nine agencies
maintain twelve watch lists that are often inconsistent and
incompatible. GAO's conclusion: vital information is still
``not available to the right people at the right time.''
The new Terrorist Threat Integration Center, which stood up
May 1, 2003, demonstrates clearly that sensitivities over
``turf'' still drive decisions. Though counterterrorism assets
will be co-located, distinct bureaucratic identities,
management structures, and allegiances will be maintained.
Claims that mere proximity will promote unity can be debunked
by taking a short stroll through the Capitol.
As long as we lack a ``commander'' leading a unified
counterterrorism apparatus, we will remain vulnerable to
terrorist attacks. That decision, who will answer directly to
the President as the unified commander of the war on terrorism,
is the most important domestic security issue before the
Nation. Until that decision is made, all else in the war is in
doubt.
In the interim, the Committee recommendation does what it
can to eliminate duplicative functions, consolidate related
activities, or otherwise streamline counterterrorism agencies
funded by this Act.

PROTECTING AMERICA'S CHILDREN

The Commerce, Justice, State, and the Judiciary
appropriations bill is the natural home of programs that keep
our children safe. Programs such as the Safe Schools Initiative
and Cops In Schools have for years enhanced the physical
security of schools while creating a rapport between law
enforcement officials and youths. Coupled with anti-drug, youth
violence, and after-school programs, these initiatives have
improved the condition of America's at-risk youth. The
Committee's newest initiative, training School Resource
Officers to prevent and deter acts of terrorism, receives
funding again this year. September 11 demonstrated that
terrorists are in constant search of new ways to harm the
United States. We cannot ignore the disturbing reality that our
schools could be targeted. The bill therefore includes funding
to help schools take steps to prepare for this contingency. The
threat to American children does not end at U.S. borders,
however, and the Committee has also continued an initiative
under the State Department to enhance the security of schools
attended by American children overseas. Finally, the bill does
much in the area of protecting children from violence in the
media as well as protecting their privacy on the Internet. The
bill continues support for the Federal Trade Commission's
[FTC's] efforts to work with the entertainment industry to
prevent the marketing of violent games, movies, and music to
children, as well as FTC's efforts to protect children from
fraud, abuse, or abduction stemming from the Internet.

INFORMATION TECHNOLOGY ENHANCEMENTS

In times of budget shortfalls, agencies have often looked
first to their information technology [IT] budgets for savings.
The result, seen again and again by the Committee, has been
that new investments quickly degraded, leading to a costly and
inefficient ``collapse-crisis-rebuild'' cycle for computer and
communications networks. The Committee has found such practices
unacceptable and years ago began directing hundreds of
millions, if not billions, of dollars to the development,
testing, deployment, operation and maintenance, and refreshment
of IT programs. This year is no different.
Within the Department of Justice [DOJ], the Committee
recommendation includes substantial investments in critical IT
programs, including enhancements for the Office of the Chief
Information Officer to enhance the Office's role as manager and
coordinator of IT programs at DOJ; Legal Activities Office
Automation, the computer modernization program for many of
DOJ's management, litigating, and law enforcement components;
the Federal Bureau of Investigation's computer network Trilogy
and its Top Secret/Sensitive Compartmented Information Local
Area Network; and the Organized Crime and Drug Enforcement Task
Force's data fusion center. The Committee directs DOJ to
include funding for the operation, maintenance and refreshment
of these programs in its fiscal year 2005 budget submission.
Within the Department of State, the Committee recommendation
includes substantial investments in the Capital Investment
Fund, which funds the Department's IT programs. The State
Department in the past has demonstrated that, with additional
funding, it can complete IT projects on-time and under budget.
The Committee expects the same for the Department's next major
global IT project, State Messaging and Archive Retrieval
Toolset [SMART], for which a substantial increase is provided.

REPROGRAMMINGS, REORGANIZATIONS, AND RELOCATIONS

As in previous years, section 605 is included under title
VI of the general provisions of the bill. Reprogramming
procedures are the gentleman's agreement that provides agencies
with flexibility while ensuring proper oversight of those
agencies by Congress. The current Administration has missed no
opportunity to undermine this agreement. They will fail.
The Committee directs that both the House and Senate
chairmen of the Subcommittees on the Departments of Commerce,
Justice, and State, the Judiciary, and related agencies will be
notified by letter at least 15 days prior to:
--Reprogramming of funds, whether permanent or temporary, in
excess of $500,000 or 10 percent, whichever is less,
between programs or activities. In addition, the
Committee desires to be notified of reprogramming
actions which are less than these amounts where so
directed or if such actions would have the effect of
committing the agency to significant funding
requirements in future years;
--Increasing funds or personnel by any means for any project
or activity for which funds have been denied or
restricted;
--Creating new programs, offices, agencies, or commissions,
or substantially augmenting existing programs, offices,
agencies, or commissions;
--Relocating offices or employees;
--Reorganizing offices, programs, or activities, including
consolidations, expansions, and changes in names or
designations;
--Contracting out or privatizing any functions or activities
presently performed by Federal employees funded by this
subcommittee;
--Initiating construction projects in excess of $500,000 not
specifically approved by the Committee; and
--Adding, expanding, converting, or altering space in any
newly-constructed facility for a period of one year
after contract close-out of the new facility.
For the purpose of the paragraph above, a construction
project includes all cost activities necessary to produce a
complete and usable facility. Projects include construction,
addition, expansion, conversion, or acquisition of an existing
building, land, or structure. This limitation applies to the
total cost of the project regardless of the fiscal year that
funds designated or used for the project were appropriated.
This includes renovation projects which substantially expand or
result in a change in the type of space or facility (garage to
office, storage to garage, storage to office, etc.). This
includes construction involving more than one building or
structure or utility system or site improvements at a location
which support the provision of a complete and usable facility.
The Committee directs each department, commission, or
agency to provide their current number of political appointees
and the number as of January 30, 2004. These amounts should be
broken out by pay level. This report should be provided to the
Committees on Appropriations no later than April 10, 2004.
Also, the Committee shall be notified when the number of
political appointees rises above 10 percent from either of the
previous 2 years or when five or more political appointees are
added in a given year. The Committee should be notified 30 days
before either of these situations occurs. Similar notification
should be provided when the same number of personnel positions
is converted from political appointments to civil service
positions.
In addition, the Committee directs departments or agencies
funded in the accompanying bill that are planning to conduct a
reduction in force to notify the Committees by letter 30 days
in advance of the date of the proposed personnel action. Also,
the Committee directs that any items which are subject to
interpretation will be reported.

BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
---------------------------------------------------
Committee Amount of Committee Amount of
allocation bill allocation bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees of amounts in the Budget Resolution
for 2004: Subcommittee on Commerce, Justice, and State, the
Judiciary, and Related Agencies:
Discretionary........................................... 36,989 36,989 40,193 \1\ 40,193
Mandatory............................................... 642 642 654 \1\ 654
Projection of outlays associated with the recommendation:
2004.................................................... ........... ........... ........... \2\ 26,586
2005.................................................... ........... ........... ........... 6,951
2006.................................................... ........... ........... ........... 3,049
2007.................................................... ........... ........... ........... 1,599
2008 and future years................................... ........... ........... ........... 844
Financial assistance to State and local governments for NA 1,260 NA 171
2004.......................................................
----------------------------------------------------------------------------------------------------------------
\1\ Includes outlays from prior-year budget authority.
\2\ Excludes outlays from prior-year budget authority.

NA: Not applicable.

Proper Budgeting.--The Committee is aware that it is
routine practice at the Office of Management and Budget [OMB]
to non-recur capital investments and to force agencies to seek
operations and maintenance, repair, and modernization funds as
program increases rather than adjustments to base. The result,
seen again and again by the Committee, is that new investments
quickly degrade, leading to a costly and inefficient
``collapse-crisis-rebuild'' cycle for computer and
communications networks, specialized equipment, vehicles, and
facilities. The Committee, as the advocate of the taxpayer, has
made substantial capital investments in the Departments of
Justice, Commerce, and State in the last 7 years. The Committee
intends to protect that investment and expects the agencies to
do the same. Therefore, the Committee urges OMB to properly
recur capital investments in the fiscal year 2005 budget
request and thereafter.
Liaison.--The Committee shares the desire of the House to
channel most of its inquiries and requests for information and
assistance through the budget offices or comptroller
organizations, but reserves the right to call upon any
individual or organization in any agency under its
jurisdiction. The Committee continues to stress the natural
affinity between these offices and the Appropriations
Committee, which makes a close working relationship imperative.

TITLE I--DEPARTMENT OF JUSTICE AND RELATED AGENCY

RELATED AGENCY

FOREIGN TERRORIST TRACKING TASK FORCE

Appropriations, 2003.................................... $61,597,000
Budget estimate, 2004...................................................
House allowance......................................... 61,597,000
Committee recommendation................................ 72,607,000

The Committee recommends an appropriation of $72,607,000.
This account funds the Foreign Terrorist Tracking Task
Force [FTTTF]. The recommendation is $72,607,000 above the
budget request.
The FTTTF is an independent, inter-agency data fusion
operation working in cooperation with the FBI, but is not and
shall not be a part of the FBI. The FTTTF stood up on an ad hoc
basis after the terrorist attacks on September 11, 2001 and is
charged with denying terrorists entry into the United States
and locating, detaining, prosecuting, and deporting terrorists
that have already entered the country. The FTTTF's advanced
information technology capabilities are intended to compensate
for profound shortcomings in Justice Department, particularly
FBI, data warehousing, mining, and analysis capabilities. These
advanced networking capabilities are also intended to eliminate
the barriers that had led to past communications and
information-sharing failures. Besides heavy Justice Department
participation, Treasury, State, DOD, CIA, NSA, HHS, SSA, and
OPM all have staff onboard.
The Committee is aware that the Organized Crime and Drug
Enforcement Task Force [OCDETF] needs a system that can
automate and exploit huge volumes of information collected from
multiple Federal agencies similar, if not identical, to that
used by the FTTTF. The Committee recommendation therefore
includes $22,017,000 for OCDETF to leverage the FTTTF
architecture to create an OCDETF data warehouse that can
quickly ingest, organize, analyze, and disseminate the
voluminous drug trafficking investigative information of its
agencies, as well as critical pieces of public source
information.

DEPARTMENT OF JUSTICE

The Committee has made funding for combating terrorism and
crime the centerpiece of the fiscal year 2004 appropriations
bill. The Committee recommends $18,508,920,000 in new budget
(obligational) authority in the accompanying bill for the
Department of Justice.
Modular Cost Budgeting and Chronic Shortfalls.--Built into
the cost of every new Justice Department employee are funds to
partially cover so-called ``modular costs'', the costs of
equipment, vehicles, facilities, and training integral to an
employee's ability to perform his or her duty. Yet components
are, almost without exception, desperately short of equipment,
vehicles, facilities, and training. The reasons for this are
unclear. However, it seems apparent that the modular cost
approach has lulled components into ignoring necessary capital
investments. It has also grossly inflated the cost of new
employees without commensurate benefit. Built-in capital
investment funds are siphoned off for purposes unknown while
the Committee finds itself responsible for pulling together
funds to address significant shortfalls in everything from
computers to fingerprint powder. The Committee believes that
the long-term health of the Department requires a new approach
to budgeting. Therefore, the Justice Department is directed to
drop modular cost budgeting beginning with the fiscal year 2005
request. The costs associated with hiring new employees shall
only include personnel salaries and benefits. Costs associated
with new hires characterized broadly as ``Contractual Services
and Supplies'', ``Acquisition of Assets'', and ``Items with
Multiple Object Classes'' shall be budgeted directly in
separate and identifiable capital investment lines in the
request of each component. Justice Management Division is
directed to submit a report on how this will be achieved not
later than November 30, 2003. The Committee is prepared to
impose a hiring freeze in fiscal year 2004 should the
Department fail to abide by this directive.
Consolidation of Decision Units.--The Committee does not
agree with the Department's proposal to consolidate existing
decision units. All accounts within the Department of Justice
therefore shall continue to use their fiscal year 2003 decision
units throughout the budget process, unless otherwise specified
in the following recommendation.
Cross-Cutting Efficiencies.--The Committee recommendation
does not incorporate the Department's proposed savings
resulting from ``cross cutting efficiencies''. While the
Committee commends the Department's attempt to increase
efficiencies in current operations, find new and different ways
to do business, and in some cases reduce or eliminate lower
performing or lower priority programs, the Committee does not
believe the proposed savings are realizable in fiscal year
2004. Rather, these targeted cuts would create havoc to these
agencies and hamper their ability to accomplish their missions.
The Committee directs the Department to review the proposed
``cross-cutting efficiencies'' and submit a plan to the
Committees on Appropriations not later than February 13, 2004,
setting forth a realistic time frame for which these savings
can be absorbed.
Department Coordination.--In light of the transfer of the
Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF] to
the Department of Justice and the Federal Bureau of
Investigation's [FBI's] refocused mission, the Committee
believes the Department of Justice must redefine the roles of
each of its law enforcement agencies to ensure they are not
duplicating efforts, particularly in the areas of drugs,
explosives, and fugitive apprehension.
The Committee directs the Department of Justice to submit a
report to the Committees on Appropriations by February 13,
2004, that identifies the core mission or missions for each of
its law enforcement agencies. The report shall also include
specific steps the Department has taken or plans to take,
including examples, to eliminate duplicative functions,
consolidate related activities, share critical information, and
ensure cooperation among the agencies.
As one step to eliminate duplication of efforts, the
Committee believes the agency with primary jurisdiction over
fugitive apprehension, the United States Marshals Service
[USMS], should be solely responsible for fugitive cases that
fall under the Unlawful Flight statutes. The Marshals Service
has the expertise and the resources, including district and
regional fugitive task forces and the international fugitive
program, to effectively adopt this mission. Moreover,
consolidation of these duties to one agency will provide State
and local law enforcement with a single point of contact for
fugitive matters and will allow the USMS to improve the
coordination of all Federal, State, and local fugitive
investigations. Therefore, the Committee directs the Attorney
General to transfer all of the functions of the FBI with regard
to the location and apprehension of State or local fugitives
under the Unlawful Flight statutes to the USMS.

General Administration

SALARIES AND EXPENSES

Appropriations, 2003.................................... $90,477,000
Supplemental appropriations, 2003....................... 5,000,000
Budget estimate, 2004................................... 133,772,000
House allowance......................................... 106,664,000
Committee recommendation................................ 116,171,000

The Committee recommends an appropriation of $116,171,000.
The recommendation is $17,601,000 below the budget request. The
recommendation includes a transfer of $5,437,000 from the
United States Marshals Service, Salaries and Expenses account
for management of seized assets.
This account funds the development of policy objectives and
the overall management of the Department of Justice.
Office of Intelligence Policy and Review.--The Committee
remains concerned about the Foreign Intelligence Surveillance
Act [FISA] warrant process. The Committee expects the Office of
Intelligence Policy and Review [OIPR] to continue balancing
Constitutional protections against investigative imperatives.
In that capacity, the Committee expects OIPR to be directly
involved at every stage of every wiretap case. In fiscal year
2003, the Committee provided an additional $7,000,000 to OIPR
for program enhancements, increasing OIPR's base budget by 81
percent. These significant personnel and infrastructure
enhancements should be sufficient to address the increase in
FISA requests. OIPR is directed to continue to provide
quarterly briefings to the Committees on Appropriations on
FISA-related activities, issues, compliance with Congressional
directives, perceived abuses, and needed statutory corrections.
Financial Management System.--For almost a decade, the
Department's policy on financial management systems has been
for each component to take care of its own needs. The result
has been stove-piped financial systems that are inflexible,
unreliable, untimely, manually intensive, and that do not meet
the needs of the components or the Department. The Department
is now pursuing a Department-wide financial system with the
hope that it will make financial reporting and program
performance more timely, accurate, and accessible. The
Committee supports the Department's efforts and will consider
the use of existing resources for a Unified Financial
Management System, subject to section 605 of this Act.
Robert F. Kennedy [RFK] Building Security.--The Committee
recently provided the Department with nearly $8,000,000 for
security improvements to the RFK building and for pilot
projects to determine the security needs of other Department
facilities. The Committee will consider a reprogramming of
available resources for additional security enhancements once
the pilot projects are complete and a proposal for security
requirements for all DOJ facilities has been submitted.
Facilities.--The current piecemeal solution to office space
has become increasingly burdensome and expensive. The Committee
is aware that 1,000,000 square feet of leased Department of
Justice space will be expiring in the next 3 years. The cost to
renew these leases or move to newly leased space that will
demand security upgrades will be astronomical. The Committee
includes $1,547,000 for the Department to conduct a feasibility
study for the consolidation of all Department facilities
currently located within the District of Columbia metropolitan
area. The study shall only consider locations west of the
Catoctin Mountains and within 50 miles of the Old National Road
and shall be submitted to the Committees on Appropriations not
later than September 17, 2004.
Information Technology Enhancements.--The Department has
struggled to keep pace with the rapid change in information
technology [IT], which has been only further complicated by the
decentralized structure and extensive delegation of these
responsibilities to the Department's components. Negative
results have included frequent turnover of top Information
Resources Management [IRM] executives; reactive rather than
proactive IRM management; and fragmented or overlapping
functions. To address these issues, the Committee approved a
reorganization of the Office of the Chief Information Officer
[CIO] that would allow the Office of the CIO to focus on
sharing of information, securing and protecting information,
providing reliable, trusted, and cost-effective IT services,
and using IT to improve program effectiveness and performance.
The Committee recommendation includes $2,500,000 for the CIO to
strengthen the Office's role as manager and coordinator of IT
projects at the Department.
Increasing information sharing and reliance on IT,
especially for law enforcement and national security purposes,
comes at the risk of increasing the potential damage that could
result from malicious attacks or the exposure and misuse of
sensitive information. A number of Justice components are
currently looking to various technology solutions to improve
the security of their IT systems. However, there is no overall
departmental approach or architecture to guide these efforts.
As a result, these perceived solutions may simply offer an
isolated and patchwork response and not an integrated and
comprehensive defense. The Committee therefore includes
$7,000,000 for the CIO to strengthen the Department's
management and oversight of IT security.
To ensure that the Department is enhancing rather than
duplicating efforts of its components, the Committee directs
the Attorney General to submit a report to the Committees on
Appropriations not later than November 15, 2003, with a spend
plan and explanation of the role the CIO will play with respect
to the Department's components, prior to the obligation of any
of these funds.

IDENTIFICATION SYSTEMS INTEGRATION

Appropriations, 2003....................................................
Budget estimate, 2004................................... $34,077,000
House allowance......................................... 20,677,000
Committee recommendation................................................

The Committee does not recommend an appropriation for this
new account.
The request seeks to meld a disparate group of activities
under this heading. As noted last year, there are no advantages
in merging funding for the Joint Automated Booking System,
Automated Biometric Identification System/Integrated Automated
Fingerprint Identification System integration, and other
information technology enhancements into a single account.
Historically, such mergers have hindered program progress and
complicated program oversight. The other initiatives placed
under this heading rightly belong under ``General
Administration, Salaries and Expenses'' or as separate accounts
under ``General Administration''.

JOINT AUTOMATED BOOKING SYSTEM

Appropriations, 2003.................................... $15,869,000
Budget estimate, 2004...................................................
House allowance.........................................................
Committee recommendation................................ 23,176,000

The Committee recommends an appropriation of $23,176,000.
The recommendation is $23,176,000 above the budget request.
This account centrally funds development, acquisition, and
deployment of the Joint Automated Booking System [JABS]. The
Committee has not adopted an administration proposal to merge
funding for JABS, Automated Biometric Identification System/
Integrated Automated Fingerprint Identification System
integration, and other information technology enhancements into
a single new account.
JABS incentive funds are to be distributed to the component
or components making the best progress in installing and
operating the system.
JABS automates the collection of fingerprint, photographic,
and biographical data during the booking process and provides a
mechanism to rapidly and positively identify an individual
based on a fingerprint submission to the FBI's Integrated
Automated Fingerprint Identification System. The JABS booking
submissions also provide ``real-time'' updating of the FBI's
criminal master files that are available to all Federal, State,
and local law enforcement agencies.
JABS has proven to be one of the most successful programs
at the Department. This year, JABS was awarded the Federal
Executive Leadership Council's Showcase of Excellence Award.
The Showcase of Excellence award recognizes projects that
improve the quality of services delivered to people and that
promote inter- or intra-agency collaboration that reduce
duplicative systems.
Bureau of Alcohol, Tobacco, Firearms, and Explosives.--The
recommendation includes $3,200,000 to deploy JABS to the Bureau
of Alcohol, Tobacco, Firearms, and Explosives [ATF]. The fiscal
year 2004 budget request did not anticipate ATF's move to the
Department of Justice and therefore did not include funding for
ATF's booking station requirements.
User Fee.--The Department of Homeland Security [DHS] and
other law enforcement agencies are increasingly accessing JABS
and consequently driving up the cost of the system. The
Committee does not believe that the Justice Department should
bear the cost burden of this system alone. Therefore, the
Committee directs the Attorney General to submit a report to
the Committees on Appropriations by March 31, 2004, that
examines the implementation of a user fee for JABS, including
all possible users, recommended fee levels, likely collections,
and the potential impact such a fee would have on the system.

AUTOMATED BIOMETRIC IDENTIFICATION SYSTEM/INTEGRATED AUTOMATED
FINGERPRINT IDENTIFICATION SYSTEM INTEGRATION

Appropriations, 2003.................................... $8,941,000
Budget estimate, 2004...................................................
House allowance.........................................................
Committee recommendation................................................

The Committee does not recommend an appropriation for this
account. This effort rightly falls under the purview of the
Homeland Security Appropriations Subcommittee.

LEGAL ACTIVITIES OFFICE AUTOMATION

Appropriations, 2003.................................... $15,838,000
Budget estimate, 2004................................... 33,240,000
House allowance......................................... 30,136,000
Committee recommendation................................ 66,240,000

The Committee recommends an appropriation of $66,240,000.
The recommendation is $33,000,000 above the budget request.
This account centrally funds acquisition, deployment, and
maintenance of Legal Activities Office Automation [LAOA]
systems, the largest components of which are the Justice
Consolidated Network [JCN] and the Justice Consolidated Office
Network [JCON].
LAOA is the computer modernization program for many of the
Department's management, litigating, and law enforcement
components, including the Antitrust Division, the U.S.
Attorneys, the U.S. Marshals Service, the U.S. Trustees, the
Executive Office for Immigration Review, the Community
Relations Service, the offices funded through the ``General
Administration'' and ``General Legal Activities'' accounts, the
Bureau of Prisons, and the Office of Justice Programs. These
components make up approximately 71,000 Department employees,
all of whom will be end users of LAOA. The Committee has pushed
hard in previous years to increase the funds for, and widen the
scope of, JCN and JCON to maximize the benefits of a common
computer system across components. This year, the Committee
recommendation incorporates the U.S. Parole Commission.

NARROWBAND COMMUNICATIONS

Appropriations, 2003.................................... $63,936,000
Budget estimate, 2004................................... 140,083,000
House allowance......................................... 103,171,000
Committee recommendation................................ 103,171,000

The Committee recommends an appropriation of $103,171,000.
The recommendation is $36,912,000 below the budget request. The
Committee is aware that there will be carryover balances
available in fiscal year 2004 in excess of $56,200,000. None of
these funds shall be obligated until a spend plan has been
submitted and approved by the Committees on Appropriations.
This account centrally funds development, acquisition,
deployment, and operation and maintenance of the Justice
Department's narrowband wireless communications network. By
law, all Justice components operating Land Mobile Radio systems
in the VHF band must convert by January 1, 2005.

COUNTERTERRORISM FUND

Appropriations, 2003.................................... $993,000
Supplemental appropriations, 2003....................... 20,000,000
Budget estimate, 2004...................................................
House allowance......................................... 1,000,000
Committee recommendation................................................

The Committee does not recommend an appropriation for this
account. The recommendation is identical to the request. The
Committee is aware that there will be carryover balances
available in fiscal year 2004 in excess of $70,274,000.
The purpose of this fund is to cover the costs incurred in
reestablishing the operational capability of a Justice
Department office or facility which has been damaged or
destroyed as a result of any domestic or international
terrorist incident. It may also be used to cover the costs of
providing support to counter, investigate, or prosecute
domestic or international terrorism.

ADMINISTRATIVE REVIEW AND APPEALS

Appropriations, 2003.................................... $190,290,000
Budget estimate, 2004................................... 197,240,000
House allowance......................................... 193,530,000
Committee recommendation................................ 194,111,000

The Committee recommends an appropriation of $194,111,000.
The recommendation is $3,129,000 below the budget request.
The Executive Office for Immigration Review includes the
Board of Immigration Appeals [BIA], immigration judges, and
administrative law judges who decide through administrative
hearings whether to admit or exclude aliens seeking to enter
the country, and whether to deport or adjust the status of
aliens whose status has been challenged. This account also
funds the Office of the Pardon Attorney which receives,
investigates, and considers petitions for all forms of
executive clemency.
BIA is the highest administrative body for interpreting and
applying immigration laws. BIA hears appeals of decisions of
immigration judges and certain decisions of Immigration and
Naturalization Service officers in a wide variety of
proceedings. Decisions of BIA are subject to judicial review in
the Federal Courts.
In September 2002, a regulation that streamlines BIA's
appellate procedures from a three-judge panel to a single judge
adjudicating appeals became effective. Now, review by three
judges is only required where BIA must correct clear errors of
fact, interpret the law, or provide guidance regarding the
exercise of discretion. The purpose of this regulation was to
enable BIA to resolve simple cases quickly and reserve its
limited resources for more complex cases. The Committee
recommendation includes the $4,000,000 offset proposed in the
budget request for cost savings resulting from this regulation.
The Committee is concerned, however, that any costs saved
by BIA are now being spent three-fold by the Civil Division,
which must defend BIA's decisions in Federal Court. BIA's
expedited adjudication of its cases means more appeals of those
decisions to the Federal Courts, many of which are filed for no
other reason than to delay removal proceedings. Accordingly,
the Committee directs BIA, in coordination with the Civil
Division, to submit a report to the Committees on
Appropriations no later than March 21, 2004, listing the
single-judge decisions that have been appealed to the Federal
Courts, and the Civil Division's costs to defend those
decisions over the past 3 years.

DETENTION TRUSTEE

Appropriations, 2003.................................... $768,578,000
Supplemental appropriations, 2003....................... 40,000,000
Budget estimate, 2004................................... 810,125,000
House allowance......................................... 810,125,000
Committee recommendation................................ 849,876,000

The Committee recommends an appropriation of $849,876,000.
The recommendation is $39,751,000 above the budget request.
The Detention Trustee oversees Federal detainees.
Prisoner Jail Days.--The Committee recommendation includes
an additional $34,705,000 for an anticipated increase of
405,924 prisoner jail days. This funding pays for the housing,
subsistence, medical care, and medical guard services for
detainees in the custody of the United States Marshals Service
[USMS] and is regarded as a mandatory expense by the Committee.
National Health Services Contract.--The Detention Trustee
has begun the process of implementing a National Health
Services contract for detainee medical requirements, oversight,
and billing consolidation. Cost efficiencies are sure to
follow. The Committee therefore includes the proposed
$3,000,000 offset to the Detention Trustee budget, which
reflects the savings resulting from this contract.
Efficiency.--The Committee is concerned that the Detention
Trustee is attempting to address detention needs by contracting
to construct a facility. The fiscal year 2003 Appropriations
Act language under this heading does not include construction
as an allowable use of funds. Rather, the Detention Trustee was
and is directed to utilize existing State, local, and private
detention space to meet detention needs.
Streamlining.--The recommendation does not include the
requested offset of $6,000,000 for supposed cost reductions
associated with moving prisoners to their designated Bureau of
Prison [BoP] facility faster. The Committee believes this
request is premature since actual processing efficiencies by
district are still unknown. The Committee directs the Attorney
General to submit a report to the Committees on Appropriations
not later than June 4, 2004, surveying each region's ability to
reduce detention days from the time of sentencing to the time
of commitment to a BoP facility, as well as the increased costs
this shift will have on BoP.
Independence of the Federal Detention Trustee.--Prior to
the creation of the Detention Trustee in fiscal year 2001, the
Bureau of Prisons [BoP], the United States Marshals Service
[USMS], and the Immigration and Naturalization Service [INS]
had to compete for control of bed space for detainees. These
constant turf battles resulted in inadequate planning and
severe mismanagement of detention space within the Department
of Justice. The Detention Trustee has already started to
address these problems. In fiscal year 2002, the Detention
Trustee wrote and submitted two reports describing Federal
detention practices relating to both criminal and immigration
proceedings that will serve as a basis for which future process
improvements can be assessed. The Detention Trustee has also
been working towards improving Intergovernmental Agreements
[IGAs] to ensure the Department achieves the ``best value''
when acquiring non-Federal detention resources.
The Committee is aware that the Department has considered
returning to the days of the turf wars. In September, 2002, the
Department submitted a reorganization proposal to the Office of
Management and Budget [OMB] that would have collapsed the
Detention Trustee into BoP. This proposal never left OMB and
the Department claims it has been permanently shelved. The
Committee believes there is a continued need for the Detention
Trustee to independently oversee detention resources for the
Department. Even the INS has expressed an interest in
continuing to rely on the Detention Trustee as the manager and
clearinghouse for its detention space despite its transfer to
the Department of Homeland Security. Accordingly, the Committee
will not entertain proposals to eliminate or transfer the
Detention Trustee to another component or Department.
While the Trustee has management responsibility for
detention and control of funding for bed space, detention
personnel still remain under the control of the various
components. Without control of personnel, the Trustee will be
forced to regularly contend with Presidentially-appointed
officials in the USMS and the BoP of this or any future
Administration who may disagree with the Trustee's
``guidance''. If the Trustee is to effectively manage bed
space, he must control the experts that negotiate inter-
governmental agreements. Therefore, not later than 45 days
after enactment of this Act, the Justice Department is directed
to transfer such personnel from the USMS and BoP to the
Detention Trustee as may be necessary to give the Trustee full
operational control of bed space management. To the degree
possible, such transfers should be voluntary and involve a
minimum of disruption.
Justice Prisoner and Alien Transportation System.--Like
detention bed space, endless disputes over the Justice Prisoner
and Alien Transportation System [JPATS] distracted managers
from the complex task of operating an airline in a high
security environment. As importantly, the lack of a
sufficiently powerful manager left the program without an
advocate in all-important budget debates. The result was a
wide-body fleet in such a ruinous condition that only the
dedication of the maintenance personnel and pilots has kept
these aircraft in the air. These problems left managers little
time to explore possible efficiencies in routing, scheduling,
or other operational areas. The Committee believes the
responsibility for the safe and secure transportation of
prisoners should rest with only one component within the
Department, the Detention Trustee. The Committee is aware that
the Detention Trustee may be absorbing JPATS, but funding for
the operations, maintenance, and management of JPATS remains
with the United States Marshals Service [USMS] and the Bureau
of Prisons [BoP]. The Committee recommendation therefore
transfers funding for JPATS from USMS and BoP to the Detention
Trustee.
In addition, the Committee is aware that the Marshals
Service is encountering greater difficulty in the transport of
overseas fugitives to the United States, especially in cases
where USMS is transporting combative or high profile fugitives,
including those accused of terrorism and violent crimes. The
Committee therefore directs the Detention Trustee to treat
extraordinary extraditions or deportations as a priority
mission for JPATS. The Detention Trustee shall notify the
Committee on Appropriations should this mandate require
additional aviation assets for the JPATS fleet.

OFFICE OF INSPECTOR GENERAL

Appropriations, 2003.................................... $56,566,000
Supplemental appropriations, 2003....................... 2,500,000
Budget estimate, 2004................................... 62,029,000
House allowance......................................... 56,245,000
Committee recommendation................................ 60,840,000

The Committee recommends an appropriation of $60,840,000.
The recommendation is $1,189,000 below the budget request.
The Office of Inspector General [OIG] was recently given
oversight of the Federal Bureau of Investigation [FBI] and the
Drug Enforcement Administration [DEA]. Since then, the OIG has
completed a number of major reviews, including the FBI's
management of its information technology investments, the FBI's
counterterrorism program, and the DEA's control of the
diversion of controlled pharmaceuticals. Currently, the OIG has
more than 40 ongoing reviews, including an examination of the
FBI's Legal Attache program, the FBI's DNA Laboratory, the
Hanssen espionage case, and the recent espionage case in Los
Angeles involving FBI agents and an alleged Chinese double
agent.
The OIG has also received new responsibilities under the
USA Patriot Act (Public Law 107-56), in which the OIG was
directed to review all information and receive complaints of
abuses of civil rights and civil liberties by Department of
Justice employees and officials. In a 12-month period, the OIG
has received more than 1,200 complaints suggesting Patriot Act-
related civil rights or civil liberties connections. The 2003
Supplemental Appropriations Act included an additional
$2,500,000 for the OIG to support these increased
responsibilities. The Committee supports the significant role
the OIG plays at the Department and will entertain requests for
additional resources for OIG should they become necessary
during the fiscal year.

U.S. Parole Commission

salaries and expenses

Appropriations, 2003.................................... $9,876,000
Budget estimate, 2004................................... 10,862,000
House allowance......................................... 10,609,000
Committee recommendation................................ 10,718,000

The Committee recommends an appropriation of $10,718,000.
The recommendation is $144,000 below the budget request.
The Commission is an independent body within the Department
of Justice which makes decisions regarding requests for parole
and supervision of Federal prisoners.
In fiscal year 2001, the Committee directed the Justice
Department to detail as many attorneys and personnel to the
Commission as were necessary to address increased litigation
and warrant work resulting from the transfer of the parole
caseload from the District of Columbia. The Committee directs
the Department to continue to detail as many attorneys and
personnel as are necessary to the Commission, specifically
detailing no less than four personnel at any one time from the
Bureau of Prisons. The Attorney General shall submit a list of
these detailed attorneys and personnel to the Committees on
Appropriations not later than January 15, 2004.

Legal Activities

GENERAL LEGAL ACTIVITIES

Appropriations, 2003.................................... $607,351,000
Budget estimate, 2004................................... 665,346,000
House allowance......................................... 620,533,000
Committee recommendation................................ 632,637,000

The Committee recommends an appropriation of $632,637,000.
The recommendation is $32,709,000 below the budget request.
This appropriation funds the establishment of litigation
policy, conduct of litigation, and various other legal
responsibilities, through the Office of the Solicitor General,
the Tax Division, the Criminal Division, the Civil Division,
the Environmental and Natural Resources Division, the Civil
Rights Division, the Office of Legal Counsel, and Interpol.
The Committee recommendations, by division, are displayed
in the following table:

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

------------------------------------------------------------------------
Office of the Solicitor General......................... 8,045
Tax Division............................................ 78,985
Criminal Division....................................... 136,078
Civil Division.......................................... 204,130
Environment and Natural Resources Division.............. 78,496
Office of Legal Counsel................................. 5,745
Civil Rights Division................................... 110,168
INTERPOL USNCB.......................................... 10,626
Office of Dispute Resolution............................ 364
---------------
Total............................................. 632,637
------------------------------------------------------------------------

Professional Standards.--The more than 10,000 Justice
Department attorneys making up the class suing the Justice
Department for nearly $500,000,000 in unpaid overtime recently
prevailed in their suit. Thus, some of the highest paid
employees in the Federal service, with an average salary of
more than $104,000, will now receive benefits heretofore
limited to hourly wage employees. The Committee is not anxious
to add to the ranks of the disgruntled.
Corporate Fraud Task Force.--The Committee supports
enhancing resources for the Criminal and Tax Divisions to
investigate, prosecute, and litigate criminal and civil
corporate fraud cases. The Committee directs both divisions to
transfer the requested fiscal year 2004 increases to the
Corporate Fraud Task Force from existing resources, subject to
Section 605 of this Act.
Radiation Exposure Compensation Act Administrative
Expenses.--Claims filed under the Radiation Exposure
Compensation Act [RECA] have increased five-fold since 2000.
The 2004 workload is expected to reach nearly 5,000, compared
to a 1,200 case workload in 2000. The Committee recommendation
therefore includes an additional $1,000,000 for the Civil
Division for processing RECA claims.
Immigration Litigation.--Immigration litigation has been,
not surprisingly, the fastest growing component of the Civil
Division's workload. Court challenges handled by the Civil
Division have more than doubled in the past 5 years, including
a 68 percent increase from fiscal year 2001 to fiscal year
2002. Increases are the result of enhanced enforcement of
existing and new laws affecting immigrants, as well as the
Board of Immigration Appeal's [BIA's] streamlining of
administrative appeal procedures. BIA's streamlining has
resulted in cases moving faster through the administrative
process, which has meant increased appeals to the Federal
Courts--a means of last resort before deportation. Therefore,
the Committee recommendation includes an additional $3,500,000
to address the increasing caseload for immigration litigation.
The Committee expects the Civil Division to fully cooperate
with BIA's review of the impact its streamlining has had on its
caseload.
Tribal Trust Fund Litigation.--At least 21 lawsuits have
been filed by Indian Tribes seeking billions of dollars for
alleged mismanagement of Tribal assets by the Bureau of Indian
Affairs [BIA]. Some of the cases seek an order requiring the
United States to perform multi-million dollar, multi-year
accounting, and others seek a money judgment for losses the
Tribes claim they have suffered. The Committee believes
additional resources to defend against this litigation are
essential, but believes they should be paid for by BIA and not
the Department. Accordingly, the Committee directs the
Environment and Natural Resources Division [ENRD] to seek
reimbursement of not less than $3,060,000 by BIA not later than
30 days after enactment of this Act.
Hazardous Materials Transportation.--The Committee supports
increases for the Hazardous Materials Transportation
initiative, which will focus on investigating and prosecuting
violators of hazardous material transportation and handling
laws. The Committee directs ENRD to redirect existing resources
for that purpose, subject to Section 605 of this Act.
Interpol.--The Committee recommendation includes $932,000
for the United States National Central Bureau [USNCB] for
increased dues required by the International Criminal Police
Organization (Interpol). The USNCB is responsible for paying
dues to Interpol annually. The Interpol Executive Committee
approved an increase in the 2004 dues at the Interpol General
Assembly in October 2002 to address the emerging international
criminal terrorist threats and the resulting need to
communicate and exchange law enforcement information.

THE NATIONAL CHILDHOOD VACCINE INJURY ACT

Appropriations, 2003.................................... $4,002,000
Budget estimate, 2004................................... 4,028,000
House allowance......................................... 4,028,000
Committee recommendation................................ 4,028,000

The Committee recommends a reimbursement of $4,028,000 for
legal costs. The recommendation is identical to the budget
request.
This account covers Justice Department expenses associated
with litigating cases under the National Childhood Vaccine
Injury Act of 1986.

Antitrust Division

SALARIES AND EXPENSES

Appropriations, 2003.................................... $133,133,000
Budget estimate, 2004................................... 141,898,000
House allowance......................................... 128,133,000
Committee recommendation................................ 141,898,000

The Committee recommendation assumes a total of
$141,898,000 in budget (obligational) authority. The
recommendation is identical to the budget request.
The Antitrust Division investigates potential violations of
Federal antitrust laws, represents the interests of the United
States in cases brought under these laws, acts on antitrust
cases before the Supreme Court, and reviews decisions of
regulatory commissions relating to antitrust law.
In light of the significant decrease in merger activity and
the decline of pre-merger filings requiring review, the
Division has assured the Committee that this funding level is
sufficient to meet its mission of vigorously enforcing our
Nation's antitrust laws.

U.S. Attorneys

salaries and expenses

Appropriations, 2003.................................... $1,493,993,000
Budget estimate, 2004................................... 1,556,784,000
House allowance......................................... 1,526,253,000
Committee recommendation................................ 1,507,879,000

The Committee recommends an appropriation of
$1,507,879,000. The recommendation is $48,905,000 below the
budget request. The Committee is aware that the U.S. Attorneys
will receive $158,371,000 in reimbursements in fiscal year
2004.
This account supports the Executive Office for U.S.
Attorneys and the 94 U.S. Attorneys offices throughout the
United States and its territories. The U.S. Attorneys serve as
the principal litigators for the U.S. Government for criminal
and civil matters. As in the past, Committee recommendation
focuses the efforts of the U.S. Attorneys on those crimes where
the unique resources, expertise, or jurisdiction of the Federal
Government can, or must, be most effective.
Professional Standards.--The more than 10,000 Justice
Department attorneys making up the class that sued the Justice
Department for nearly $500,000,000 in unpaid overtime recently
prevailed in their case. Thus, some of the highest paid
employees in the Federal service, with an average salary of
more than $104,000, will now receive benefits heretofore
limited to hourly wage employees. The Committee is not eager to
add to the ranks of the disgruntled.
Information Technology [IT] Infrastructure.--The Committee
supports the use of existing resources for the U.S. Attorneys'
IT infrastructure, subject to Section 605 of this Act,
including the development of the Enterprise Case Management
System [ECMS] as well as the Electronic Case Filing [ECF]
system. ECMS will expedite the preparation and validation of
statistical reports, as well as the administration and
maintenance of the centralized system. ECF will reduce the time
and burden of filing documents with the Federal Courts and the
time to coordinate cases with investigative agencies. To ensure
these improvements are consistent with the Department's overall
IT approach and architecture, the Committee directs the U.S.
Attorneys to consult with the Office of the Chief Information
Officer prior to moving forward on this project.
Corporate Fraud Task Force.--In fiscal year 2003, the U.S.
Attorneys received an additional $13,000,000 for 76 full-time
equivalents to support the Department's Corporate Fraud Task
Force. This increase was not accounted for in the fiscal year
2004 budget request. Should additional resources be needed for
the vigorous pursuit and prosecution of corporate fraud cases,
the U.S. Attorneys may redirect available resources, subject to
Section 605 of this Act.
Workforce Imbalance.--The Committee supports the U.S.
Attorneys' desire to correct the balance between its attorneys
and support personnel since a balanced staff will better
leverage attorney resources. Therefore, the U.S. Attorneys may
redirect available resources to increase paralegal, financial
and IT support personnel, subject to Section 605 of this Act.
The Committee expects the U.S. Attorneys to consider retraining
eligible legal secretaries for these positions, since office
automation advances, such as voice mail and computers, have
changed workflow processes and the role of legal secretaries
has significantly changed.
Civil Defensive Litigation.--The Committee is aware that
civil defensive cases are unique in that they are non-delegable
and cannot be declined. The U.S. Attorneys' offices must defend
these cases to protect the interests of the United States by
safeguarding public funds and programs, and defending policy
initiatives and statutes. The Committee is also aware that
civil defensive cases are on the rise: from 155,660 in 1992 to
160,383 in 2001. The Committee supports the reallocation of
resources to better address this significant increase and
complexity of caseload over the last several years, subject to
Section 605 of this Act.
Project Seahawk.--The Committee recommendation includes
$10,000,000 for the continuation of Project Seahawk, a pilot
project to enhance intermodal security and law enforcement
within our Nation's coastal cities. The pilot will provide a
national model for cities that experience heavy volumes of
intermodal traffic by establishing a streamlined process to
address criminal activity that may compromise or impede the
movement of intermodal traffic within the U.S. Project Seahawk
shall continue to be coordinated under the U.S. Attorneys and
include Federal, State, and local law enforcement.
In addition, the recommendation includes $3,766,000 to
expand Project Seahawk to include New York City, Philadelphia,
Baltimore, New Orleans, Galveston, and Long Beach.
Legal Education.--The Committee recommendation provides
$19,023,000 for legal education and distance learning at the
National Advocacy Center [NAC] as requested by the
Administration. NAC State and local training funds are provided
under the Office of Justice Programs.
Violent Crime Task Forces.--The Committee recommendation
includes $1,500,000 to continue and expand task force
activities associated with Operation Streetsweeper.
Criminal Prosecution.--The Committee directs the Department
to report on the number of cases referred for Federal
prosecution by local, State, and Federal agencies under USC 922
(a)(1)(a), USC 922(m), 922(b), 924(a)(3), USC 922(j), USC
922(a)(6), USC 922(k) on rates of prosecution; on Department
efforts to increase enforcement of these statutes; and
impediments to enforcement that may necessitate a change in
these statutes.

U.S. TRUSTEE SYSTEM FUND

Appropriations, 2003.................................... $155,736,000
Budget estimate, 2004................................... 175,172,000
House allowance......................................... 166,157,000
Committee recommendation................................ 170,168,000

The Committee recommends a total of $170,168,000 in budget
authority. The recommendation is $5,004,000 below the budget
request.
The U.S. Trustee system provides administrative support to
expeditiously move bankruptcy cases through the bankruptcy
process and ensures accountability of private trustees
appointed to administer bankruptcy estates.
The Committee recommendation includes not less than
$750,000 for the Bankruptcy Training Center at the National
Advocacy Center, in support of the Trustees' continuing
education program.
The Committee recommendation also includes $1,104,000 for
information technology [IT] infrastructure improvements, such
as enhancements to IT security, bandwidth, and the Automated
Case Management System. To ensure these improvements are
consistent with the Department's overall IT approach and
architecture, the Committee directs the U.S. Trustee to consult
with the Office of the Chief Information Officer prior to the
obligation of any of these funds.

FOREIGN CLAIMS SETTLEMENT COMMISSION

Appropriations, 2003.................................... $1,129,000
Budget estimate, 2004................................... 1,212,000
House allowance......................................... 1,205,000
Committee recommendation................................ 1,207,000

The Committee recommends an appropriation of $1,207,000.
The recommendation is $5,000 below the budget request, and
fully provides for the adjudication of claims against: Germany
relating to World War II; Cuba relating to the Castro regime;
and Iraq relating to the U.S.S. Stark incident and Desert
Shield/Storm.
The Foreign Claims Settlement Commission settles claims of
American citizens arising from nationalization, expropriation,
or other takings of their properties and interests by foreign
governments.

U.S. Marshals Service

salaries and expenses

Appropriations, 2003.................................... $676,051,000
Supplemental appropriations, 2003....................... 8,000,000
Budget estimate, 2004................................... 720,806,000
House allowance......................................... 678,672,000
Committee recommendation................................ 602,274,000

The Committee recommends an appropriation of $602,274,000.
The recommendation is $118,532,000 below the budget request.
The Committee recommendation reflects the transfer of all
joint Federal, State, local, and foreign law enforcement
activities previously funded within the U.S. Marshals Service
[USMS] to a new account titled ``Interagency Law Enforcement
Support'', the transfer of the Justice Prisoner and Alien
Transportation System [JPATS] Fund to the Office of the
Detention Trustee, and the transfer of seized assets management
to the Justice Management Division.
The core missions of the USMS include the apprehension of
fugitives, protection of the Federal judiciary, protection of
witnesses, execution of warrants and court orders, and the
custody and transportation of accused and unsentenced
prisoners.
The Committee recommendation does not support the Marshal's
proposal to collapse its current decision units. Rather, the
Committee recommendations are displayed in the following table:

UNITED STATES MARSHALS SERVICE
[In thousands of dollars]
------------------------------------------------------------------------
Activity Amount
------------------------------------------------------------------------
Protection of the Judicial Process..................... 309,917
Prisoner Transportation................................ 14,941
Fugitive Apprehension.................................. 165,779
D.C. Superior Court.................................... 27,478
Service of Legal Process............................... 18,308
Training Academy....................................... 4,566
ADP/Telecommunications................................. 36,115
Management & Administration............................ 53,337
Vacancy Savings........................................ (28,167)
----------------
Total, Salaries and Expenses..................... 602,274
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan. The Committee recommendations
are discussed in more detail in the following paragraphs.
Courthouse Security Personnel.--The Committee is aware that
USMS is not hiring up to its authorized levels. Specifically,
the USMS is projecting to hire only 4,212 full-time equivalents
[FTE] in fiscal year 2003, which is 282 FTE short of the
authorized and funded level. While the Committee supports
providing the Marshals with sufficient resources to meet its
core missions, the Committee sees little reason to fund the
requested additional personnel until USMS hires up to its
current authorized and funded levels. Only then will the
Marshals know its true needs.
The Committee believes the USMS is manipulating these
vacancies to recover and then redirect funds to other areas. By
leaving the projected 282 FTE slots vacant, for example, the
USMS gains nearly $28,167,000. Rather than provide the USMS
with a slush fund that is below the radar of Congressional
oversight, the Committee recommendation directs a portion of
those funds to areas most in need of additional resources,
including courthouse security equipment and construction. Prior
to the obligation of any funding that is not specifically
accounted for in the Committee recommendation, the USMS shall
submit a spend plan, subject to approval, to the Committees on
Appropriations. The USMS shall also submit a deployment plan
for all personnel on board as of January 1, 2004, by position
location, and assignments, to the Committees on Appropriations,
not later than January 31, 2004.
The Committee recommendation includes $2,766,000 (excluding
a $500,000 transfer from the Justice Detainee Information
System) to improve and maintain the Warrant Information Network
and to continue subscriptions to various government and private
networks and on-line services and $5,701,000 for Electronic
Surveillance Unit recurring costs. This funding level shall be
treated as a permanent increase to base.
Special Assignments.--Special assignment funding is
intended for contingencies such as the Vieques and World Bank
protests. In the past, the USMS used this account to pay for
long established missions or capital investments. That abuse
was ended by the Committee. If routine items reappear under
``Special Assignments'', the Committee will eliminate the
subaccount and let the USMS handle contingency funding the way
all other law enforcement agencies do, through the
reprogramming process.
Courthouse Security Equipment.--This subaccount funds
security equipment, telephone systems, and cabling. The
Committee recommendation provides $13,394,000 for courthouse
security equipment. Each year hereafter, not less than this
level of funding shall recur for USMS courthouse security
equipment and the USMS shall submit a list of projects for such
funding to the Committees on Appropriations not later than 30
days after the date of enactment of this Act.
The funding provided will outfit courthouses in the
following locations:

USMS COURTHOUSE SECURITY EQUIPMENT
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Detainee Facilities:
Tucson, AZ.......................................... 250
Fayetteville, AR.................................... 300
Colorado Springs, CO................................ 100
Grand Junction, CO.................................. 155
Tallahassee, FL..................................... 95
Athens, GA.......................................... 350
Davenport, IA....................................... 350
Sioux City, IA...................................... 350
East St. Louis, IL.................................. 160
Peoria, IL.......................................... 150
Indianapolis, IN.................................... 15
Springfield, MA..................................... 750
Bangor, ME.......................................... 10
Charlotte, NC....................................... 100
Raleigh, NC......................................... 690
Wilmington, NC...................................... 250
Newark, NJ.......................................... 330
Roswell, NM......................................... 95
Santa Fe, NM........................................ 375
Rochester, NY....................................... 250
Lawton, OK.......................................... 230
McAlester, OK....................................... 75
Tulsa, OK........................................... 350
Hato Rey, PR........................................ 50
Ponce, PR........................................... 235
Del Rio, TX......................................... 300
El Paso, TX......................................... 400
Marshall, TX........................................ 450
Victoria, TX........................................ 20
Madison, WI......................................... 75
Milwaukee, WI....................................... 75
Casper, WY.......................................... 225
Jackson Hole, WY.................................... 90
Yellowstone, WY..................................... 75
---------------
Subtotal, detainee facilities..................... 7,775
===============
Minor Repairs........................................... 350
ADT Security Equipment Maintenance...................... 1,876
Security Engineering Services........................... 673
Safety Program.......................................... 2,003
Information Security, Personnel, Equipment, and Related 717
Costs (Physical).......................................
---------------
Total, USMS Security Equipment.................... 13,394
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan.
Fugitive Apprehensions.--Over the past few years, the
Committee has established and funded task forces in New York
City, Los Angeles, Chicago, and Atlanta. These task forces are
intended to be dedicated full-time to the pursuit of the most
dangerous fugitives, although USMS leadership has largely
undercut the value of the latter two task forces by leaving
personnel answerable to the districts. The Committee therefore
directs that the Chicago and Atlanta fugitive task forces
answer only to headquarters, not the districts, as is the case
with the New York City and Los Angeles task forces.
Nevertheless, the Committee recommendation includes an
additional $9,476,000 to ensure the full annualization and
necessary equipment and vehicles for these task forces. In
addition, the Committee recommendation provides an increase of
$2,750,000 over the fiscal year 2003 funding level for
electronic surveillance unit [ESU] training and equipment,
including funding for surveillance vans and light aircraft,
bucket trucks, a central signal collection system, secure
communications equipment, various tracking systems, and night
vision equipment.
International Fugitives.--To avoid creating a safe haven
for felons in the Caribbean, the Committee established a
permanent Marshals presence in Jamaica, the Dominican Republic,
and Mexico last year. The Committee recommendation includes
$3,016,000 for non-personnel costs for these offices.
Vehicles.--The USMS' approach to fleet management is ``run
to failure''. Though Federal guidelines call for replacing
sedans after 3 years or 60,000 miles and sport utility vehicles
after 4 years or 40,000 miles to avoid chronic problems with
availability and excessive operations and maintenance costs,
the USMS has no fleet replacement cycle. As a result, deputies
are chasing fugitives or transporting prisoners in vehicles
whose unreliability pose an unnecessary risk. The Committee
recommendation includes $15,379,000 in base resources for
vehicle purchases. This shall be treated as a permanent
increase to the base. None of these vehicles are to be assigned
to headquarters.
Office of Inspector General Audit.--The Committee is aware
that the Office of the Inspector General [OIG] is conducting an
audit of the Marshals Service's budget activities during fiscal
years 2002 and 2003. The audit will focus on ``(1) the
executive direction provided by USMS management in implementing
the budget; (2) issues surrounding upgrading and maintaining
the USMS' motor vehicle fleet; (3) creation of new operational
units within the USMS; and (4) reprogramming activities''. The
Committee directs the Marshals to fully cooperate with this and
any other audit or investigative activities conducted by the
OIG.

CONSTRUCTION

Appropriations, 2003.................................... $15,028,000
Budget estimate, 2004...................................................
House allowance......................................... 1,371,000
Committee recommendation................................ 25,964,000

The Committee recommends an appropriation of $25,964,000.
The recommendation is $25,964,000 above the budget request.
Each year hereafter, not less than this level of funding shall
recur for USMS construction and the USMS shall submit a list of
projects for such funding to the Committees on Appropriations
not later than 30 days after the date of enactment of this Act.
This account funds construction, relocations, and furniture
at existing courthouses.
The Committee is aware that a national survey of Federal
courthouses revealed that 95 percent of prisoner holding and
transit facilities have serious security deficiencies. Of 392
courthouses surveyed: 84 percent lack enough courtroom holding
cells; 78 percent do not have secure prison elevators; 74
percent do not have enclosed sallyports; 72 percent lack enough
interview rooms; 57 percent do not have adequate cellblock
space; and 38 percent lack cameras, monitors, and alarms.
Years of neglect have created this deplorable situation,
posing risks to the judicial family, the public, and the
Marshals themselves. The Committee is intent on remedying
courthouse deficiencies before a tragedy occurs. The Committee
recommendations, by project, are displayed in the following
table:

USMS CONSTRUCTION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Construction:
Tucson, AZ.......................................... 1,000
Colorado Springs, CO................................ 200
Tallahassee, FL..................................... 125
Benton, IL.......................................... 100
Rockford, IL........................................ 90
Indianapolis, IN.................................... 100
Bangor, ME.......................................... 200
Billings, MT........................................ 20
Charlotte, NC....................................... 2,200
Santa Fe, NM........................................ 500
Cincinnati, OH...................................... 250
McAlester, OK....................................... 100
Tulsa, OK........................................... 500
Harrisburg, PA...................................... 300
Hato Rey, PR........................................ 500
Ponce, PR........................................... 250
Charleston BPA, SC.................................. 6,561
North Charleston, SC................................ 5,337
Houston, TX......................................... 2,675
Victoria, TX........................................ 750
St. Thomas, VI...................................... 500
Casper, WY.......................................... 550
Jackson Hole, WY.................................... 100
Yellowstone, WY..................................... 200
---------------
Subtotal, construction............................ 23,108
===============
Planning, Design, and Relocation [PDR]:
Fresno, CA.......................................... 350
Colorado Springs, CO................................ 20
Tallahassee, FL..................................... 25
Newnan, GA.......................................... 110
Davenport, IA....................................... 30
Lincoln, NE......................................... 420
Newark, NJ.......................................... 175
Santa Fe, NM........................................ 75
Tulsa, OK........................................... 125
Eugene, OR.......................................... 125
Ponce, PR........................................... 50
Casper, WY.......................................... 50
Yellowstone, WY..................................... 20
---------------
Subtotal, PDR..................................... 1,575
===============
Minor repairs........................................... 531
Security specialist consultants/construction engineers.. 750
---------------
Total, USMS Construction.......................... 25,964
------------------------------------------------------------------------

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

FEES AND EXPENSES OF WITNESSES

Appropriations, 2003.................................... $175,645,000
Budget estimate, 2004................................... 156,145,000
House allowance......................................... 156,145,000
Committee recommendation................................ 156,145,000

The Committee recommends an appropriation of $156,145,000.
The recommendation is identical to the budget request.
This account provides for fees and expenses of witnesses
who appear on behalf of the Government in cases in which the
United States is a party, including fact and expert witnesses.
These funds are also used for mental competency examinations as
well as witness and informant protection.

COMMUNITY RELATIONS SERVICE

Appropriations, 2003.................................... $9,412,000
Budget estimate, 2004................................... 9,526,000
House allowance......................................... 9,526,000
Committee recommendation................................ 9,526,000

The Committee recommends an appropriation of $9,526,000.
The recommendation is identical to the budget request.
The Community Relations Service provides assistance to
communities and persons in the prevention and resolution of
disagreements relating to perceived discriminatory practices.

ASSETS FORFEITURE FUND

Appropriations, 2003.................................... $21,759,000
Budget estimate, 2004................................... 22,949,000
House allowance......................................... 21,759,000
Committee recommendation................................ 22,949,000

The Committee recommends an appropriation of $22,949,000.
The recommendation is identical to the budget request.
This account provides funds to supplement existing
resources to cover additional investigative expenses of the
Federal Bureau of Investigation, Drug Enforcement
Administration, and U.S. Marshals Service, such as awards for
information, purchase of evidence, equipping of conveyances,
and investigative expenses leading to seizure. Funds for these
activities are provided from receipts deposited in the assets
forfeiture fund resulting from the forfeiture of assets.
Expenses related to the management and disposal of assets are
also provided from the assets forfeiture fund by a permanent
indefinite appropriation.

Interagency Law Enforcement

INTERAGENCY CRIME AND DRUG ENFORCEMENT

Appropriations, 2003.................................... $369,712,000
Budget estimate, 2004................................... 541,844,000
House allowance.........................................................
Committee recommendation................................ 415,010,000

The Committee recommends an appropriation of $415,010,000.
The recommendation is $126,834,000 below the budget request.
The Interagency Crime and Drug Enforcement Program, through
its 9 regional task forces, utilizes the combined resources and
expertise of its 11 member Federal agencies, in cooperation
with State and local investigators and prosecutors, to target
and disband major narcotics trafficking and money laundering
organizations.
The Committee recommendations, by agency, are displayed in
the following table:

INTERAGENCY CRIME AND DRUG ENFORCEMENT
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Investigations:
Alcohol, Tobacco, Firearms and Explosives........... 11,600
Drug Enforcement Administration..................... 172,846
Federal Bureau of Investigation..................... 122,147
State and Local Overtime Program.................... 105
United States Marshals Service...................... 2,148
---------------
Subtotal, investigations.......................... 308,846
===============
Prosecutions:
Criminal Division................................... 3,495
Tax Division........................................ 995
United States Attorneys............................. 101,674
---------------
Subtotal, prosecutions............................ 106,164
===============
Total, Interagency Crime and Drug Enforcement..... 415,010
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan.
Automated Investigative Technology.--The Committee
recognizes the Organized Crime Drug Enforcement Task Force
[OCDETF] program's need for a mechanism to systematically
analyze and make connections among the volumes of drug report
information gathered by investigative agents and support staff,
including addresses, names, financial information, business
relationships, debriefing information and drug intelligence.
Only with such a mechanism can all of the pieces of nationwide
trafficking organizations be known. The Committee is aware that
the Foreign Terrorist Tracking Task Force [FTTTF] already has a
system in place that can automate and exploit huge volumes of
information collected from multiple Federal agencies. The
Committee recommendation therefore includes $22,017,000 within
FTTTF for OCDETF to leverage the FTTTF architecture to create
an OCDETF data warehouse that can quickly ingest, organize,
analyze and disseminate the voluminous drug trafficking
investigative information of its agencies, as well as critical
pieces of public source information.

INTERAGENCY LAW ENFORCEMENT SUPPORT

Appropriations, 2003....................................................
Budget estimate, 2004...................................................
House allowance.........................................................
Committee recommendation................................ $551,784,000

The Committee recommends an appropriation of $551,784,000.
The recommendation is $551,784,000 above the budget request.
The Committee is aware that $232,900,000 is also available from
the Asset Forfeiture Fund, bringing the total availability of
funding for the Interagency Law Enforcement Support account to
$804,684,000.
This new account funds the administration and support of
joint Federal, State, local, and foreign law enforcement
activities. The Committee has consolidated investments across
multiple accounts to better identify and highlight multi-agency
investigations and initiatives. The Justice Department shall
make the sustenance and expansion of joint operations a top
priority.
The Committee recommendations are displayed in the
following table:

INTERAGENCY LAW ENFORCEMENT SUPPORT
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
United States Marshals Service [USMS]: Fugitive Task 6,533
Forces.................................................
---------------
Subtotal, USMS.................................... 6,533
===============
Asset Forfeiture Fund [AFF]:
Equitable Sharing................................... 206,000
Joint Federal/State and Local Law Enforcement 20,575
Operations.........................................
Criminal Division, Organized Crime Drug Enforcement 6,325
Task Force [OCDETF]................................
---------------
Subtotal, AFF..................................... 232,900
===============
Federal Bureau of Investigation [FBI]:
Counterterrorism:
Joint Terrorism Task Force [JTTF] Program
Support:
Background Investigations................... 911
Equipment (Computers and Radios)............ 853
Travel/Training............................. 1,654
Operational Costs........................... 1,146
Vehicle Costs............................... 889
Supplies.................................... 802
Rent and Renovations........................ 869
State and Local Overtime.................... 5,000
Training:
FBI Academy State and Local Training:
Personnel................................... 10,726
Travel...................................... 554
Supplies.................................... 1,585
Maintenance/Utilities....................... 969
Equipment................................... 236
Meals....................................... 377
Field State and Local Training:
Personnel................................... 9,176
Travel...................................... 214
Supplies.................................... 114
Maintenance/Utilities....................... 48
Equipment................................... 122
Critical Incidence Response Group:
Personnel....................................... 3,607
Travel/Training................................. 970
Other ADP Services.............................. 978
Equipment....................................... 110
Violent Crimes:
Safe Streets Task Forces:
Vehicle Rental and Maintenance.............. 3,786
Rent........................................ 463
Telephones/Utilities........................ 259
Office Supplies and Miscellaneous Services.. 120
State and Local Overtime.................... 5,000
Indian Country Training......................... 440
Laboratory:
Travel.......................................... 880
Automated Data Processing Services.............. 5,503
Miscellaneous Services.......................... 3,695
Training........................................ 586
Equipment....................................... 7,679
Supplies........................................ 2,282
Criminal Justice Information Services (CJIS):
Personnel....................................... 130,574
Travel.......................................... 3,115
Rent............................................ 5,521
Services........................................ 55,432
Supplies........................................ 2,198
Equipment....................................... 19,001
---------------
Subtotal, FBI................................. 288,444
===============
Drug Enforcement Administration [DEA]:
Hazardous Waste clean up (Methamphetamine).......... 4,100
Lab Processing of drug evidence..................... 1,608
Training for Interstate transit inspections......... 300
El Paso Intelligence Center response to drug 270
interdictions......................................
Marijuana Eradication............................... 10,113
Overtime and Equipment for State and Local Task 3,950
Force Officers.....................................
Training............................................ 3,260
---------------
Subtotal, DEA..................................... 23,601
===============
Alcohol, Tobacco, Firearms, and Explosives [ATF]:
State, Local and International Training Division.... 1,117
Youth Crime Gun Interdiction Initiative............. 671
Gang Resistance Education and Training.............. 14,760
Canine Training..................................... 1,590
State and Local Training............................ 3,421
Crime Gun Traces.................................... 24,900
State and Local Overtime............................ 2,500
---------------
Subtotal, ATF..................................... 48,959
===============
Bureau of Prisons [BoP]:
National Institute of Corrections................... 21,747
Contract Confinement in State and Local Facilities.. 162,500
---------------
Subtotal, BoP..................................... 184,247
===============
Total, Interagency Law Enforcement Support........ 784,684
------------------------------------------------------------------------

The proposed distribution of funds should be handled as an
omnibus reprogramming to be submitted to the Committees on
Appropriations not later than 45 days after date of enactment
of this Act.

Federal Bureau of Investigation

SALARIES AND EXPENSES

Appropriations, 2003.................................... $4,215,973,000
Supplemental appropriations, 2003....................... 367,192,000
Budget estimate, 2004................................... 4,639,569,000
House allowance......................................... 4,576,730,000
Committee recommendation................................ 3,885,989,000

The Committee recommends an appropriation of
$3,885,989,000. The recommendation is $753,580,000 below the
budget request. The reduction is mostly attributable to the
full use of $367,192,000 in fiscal year 2003 supplemental
appropriations in fiscal year 2004 and the transfer of all
joint Federal, State, local, and foreign law enforcement
activities to a new account titled ``Interagency Law
Enforcement Support''. The Committee is aware that up to
$263,457,000 in additional uncommitted carryover will also be
available to apply to this account. A reduction of $72,607,000
is attributable to the Foreign Terrorist Tracking Task Force
achieving independent status.
The Committee disagrees with the Federal Bureau of
Investigation's [FBI] decision to non-recur a number of fiscal
year 2003 initiatives and expects funding for the following
programs to be fully recurred in fiscal year 2004: $6,548,000
for the Joint Terrorism Task Forces; $21,025,000 for the
computer intrusion program; $10,000,000 for digital storage/
retrieval; $3,032,000 for secure video conferencing; $4,000,000
for regional mitochondrial DNA labs; and $10,000,000 for
training.
The Committee recommendation also does not support the
FBI's proposal to collapse its current decision units. Rather,
the Committee recommendations are displayed in the following
table:

FEDERAL BUREAU OF INVESTIGATION
[In thousands of dollars]
------------------------------------------------------------------------
Activity Amount
------------------------------------------------------------------------
Criminal, Security, and Other Investigations:
Organized Criminal Enterprises..................... 415,907
White-Collar Crime................................. 537,999
Other Field Programs............................... 1,888,361
----------------
Subtotal......................................... 2,856,167
================
Law Enforcement Support:
Training, Recruitment, Applicant................... 167,737
Forensic Services.................................. 181,350
Information Management, Automation, and 275,778
Telecommunications................................
Technical Field Support and Services............... 453,449
Criminal Justice Services.......................... 211,556
----------------
Subtotal......................................... 1,289,870
================
Subtotal, Law Enforcement Support................ 4,146,037
================
Program Direction:
Management and Administration...................... 409,488
Transfer to Interagency Law Enforcement Support.... (288,444)
Fiscal Year 2003 Supplemental...................... (367,192)
----------------
Total, FBI....................................... 3,885,989
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan. The Committee recommendations
are discussed in more detail in the following paragraphs.
Strategic Growth.--The FBI has undergone a transformation
that has turned the Bureau from an investigative agency into an
intelligence-gathering agency and has shifted its focus to
counterterrorism, counterintelligence, and cybercrime. Many
agents previously conducting violent crime, drug, and white-
collar crime investigations are now either permanently or
temporarily conducting terrorism investigations. Decision-
making authority previously delegated to field divisions is now
centered at headquarters. The FBI's new mission has attracted
new dollars, increasing the Bureau's budget by 51 percent in
just 3 years, from $3,041,095,000 in fiscal year 2000 to
$4,583,165,000 in fiscal year 2003. This level of increases,
however, cannot realistically be sustained. The FBI must make
the best use of its current assets and must have a strategic,
long-term plan before proposing continued growth. The FBI shall
submit a 5-year plan to the Committees on Appropriations not
later than May 10, 2004, detailing the FBI's roadmap to meet
its top priority missions, including proposed agent and support
personnel levels for each division, as well as plans for
information technology operation, maintenance, and refreshment.
Rightsizing and Rebalancing the Workforce.--The Committee
has given the FBI significant flexibility to move resources and
personnel to respond to the September 11, 2001 terrorist
attacks, the war on terrorism, and the war in Iraq. In addition
to the 1,600 agents permanently assigned to the
Counterterrorism Division [CTD], for example, the FBI has
temporarily assigned on average between 950 and 1,700 special
agents and supervisors to CTD at various times in the last 2
years. For the FBI to complete its transformation, it must
realign its resources to properly reflect its new mission. The
Committee therefore directs that all agents temporarily
assigned to CTD as of April 1, 2003 be made permanent,
effective immediately upon public release of this report.
The FBI must also rebalance its workforce. Significant
funding increases provided in recent years have been targeted
for operations and have not been complemented by increases in
administrative and other support functions. This disconnect has
significantly hindered the FBI, as evidenced by a recent study
by Resource Consultants, Inc. [RCI] which found that agents and
key investigative support personnel, including intelligence,
financial, and investigative analysts, and language
specialists, are spending on average 18 percent of their time
on clerical/administrative work, rather than investigative
work. The FBI has also not had the administrative support to
hire to authorized and funded personnel levels or to meet
deadlines regarding Congressional reporting requirements and
Congressional inquiries. Accordingly, the Committee
recommendation includes an additional $75,871,000 for support
personnel for the FBI's headquarters and field operations,
including administrative functions, information and lead
management, communications exploitation, analytical support,
and support for executive offices and other entities. The FBI
shall submit a deployment plan for such personnel to the
Committees on Appropriations prior to the obligation of any of
these funds.
The Committee recommendation also includes an additional
$1,405,000 for the National Security Law Unit, which provides
critical legal support to the FBI's Counterterrorism Division.
Joint Terrorism Task Forces.--For the first time, the FBI
is coordinating efforts with Federal, State and local law
enforcement in a meaningful way. Joint Terrorism Task Forces
[JTTF] have become the conduit for information sharing and
investigative cooperation. The Committee recommendation
includes $25,200,000 to operate the JTTFs in all 56 field
offices and selected resident agencies, $12,124,000 of which is
provided in the Interagency Law Enforcement Support account.
The Committee expects these funds to be properly recurred in
fiscal year 2005.
Additional funding will not be provided for the JTTF
Information Sharing Initiative, however, until the initial
pilot project is completed, proven successful, and the legal
challenges to the system have been addressed.
Counterintelligence Program.--The Intelligence Community
has acknowledged that the United States is facing more complex
threats to its people, information, and technology than ever
before. Traditional notions of counterintelligence that focus
on hostile intelligence services and theft of highly classified
national defense information do not begin to cover the full
range of threats that confront our most critical national
interests. The United States is facing a growing challenge from
non-traditional threats, including non-state actors, and there
is a host of new sophisticated technologies and tools being
deployed against the United States. In reponse, the FBI has
centralized and strengthened its counterintelligence program.
Centralization will ensure that the FBI has clear strategic
objectives and is engaged in a cooperative and collaborative
effort with other members of the Intelligence Community. The
Committee recommendation includes additional resources to
enable the FBI to develop, implement, and enhance this
centralized program, including $21,848,000 for 313 support
positions for Counterintelligence Investigations and Support;
$24,590,000 for Surveillance Support and Training; and
$9,542,000 for Tactical Operations. Funding for additional
counterintelligence agents may be provided through the
redirection of existing resources, subject to Section 605 of
this Act.
Cyber Investigations Initiative.--Cybercrime and
cyberterrorism are constantly evolving and growing into greater
potential threats to our national and economic security. The
FBI must have the personnel and equipment to stay ahead of, or
at least keep pace with, constant technological advances. The
Committee recommendation therefore includes an additional
$61,527,000 for the Cyber Investigations Initiative. Of that
amount, $39,533,000 shall be for the Special Technologies and
Applications Section to properly staff this newly-created
Section; $18,040,000 shall be for the Computer Analysis
Response Team, including training, and for the Regional
Computer Forensic Laboratories [RCFLs], including personnel for
the RCFL National Program Office; and $3,594,000 shall be for
the Innocent Images National Initiative. Available resources
may be used to support requested increases for the Internet Tip
Line, subject to Section 605 of this Act.
Technology Investments.--The Committee was impressed by the
FBI's foresight to request additional funding for operations,
maintenance, and refreshment for its technology investments. It
is imperative that the FBI maintain operational readiness of
its technology systems to support its missions. For operations
and maintenance of the FBI's technology investments, the
Committee recommendation includes $61,689,000 for Trilogy and
$2,000,000 for the Top Secret/Sensitive Compartmented
Information [TS/SCI] Local Area Network [LAN]. The Committee
recommendation also includes $10,500,000 for the second phase
of the initiative to upgrade the Information Technology
infrastructure at Legal Attache offices; $18,558,000 for the
Trilogy Technology Refreshment Program; and $18,611,000 to
begin deployment of TS/SCI LAN to the field divisions.
Training.--The Committee has long supported basic and
advanced training for FBI agents, analysts, and other support
personnel. The Committee recommendation includes an additional
$17,559,000 for training, which includes $2,450,000 for
intelligence analysis training; $14,027,000 for field and
headquarters counterterrorism training; and $1,082,000 for
cybercrime training.
Emergency Response Teams.--The FBI currently has a variety
of units able to respond to crisis situations, such as the
Hostage Rescue Team, Foreign and Domestic Emergency Support
Teams, National Capitol Response Team, Critical Incident
Response Group, Special Weapons and Tactics Teams, and Flying
Squads. Each of these teams is supported by other units that
ensure they are properly equipped and deployed, such as the
Rapid Deployment Logistics Unit, which focuses on pre-event
readiness and actual deployment assistance, and the Crisis
Response Unit, which focuses on communications and technical
capabilities and equipment. The sheer number and variety of
response teams illustrates the need to streamline functions to
avoid duplication and inefficiencies. The Committee directs the
FBI to submit a reorganization proposal to the Committees on
Appropriations not later than January 20, 2004 that
consolidates all response functions.
Until such duplications are eliminated and true purposes
defined, the Committee will not provide funding increases to
the existing response teams, except for aviation support, which
will underpin whatever response capabilities result from the
reorganization. The Committee is aware that the FBI's aviation
fleet for response teams is not sufficient to meet the national
security needs of the Bureau. Accordingly, the Committee
recommendation includes $56,000,000 for two MH-60M helicopters
and the required personnel, logistics, and training necessary
to support these highly sophisticated helicopters. The FBI
shall consult with the Committee prior to the deployment of
such helicopters.
Hazardous Devices School.--While the Committee has
supported the FBI's past efforts to train public safety bomb
technicians at the FBI's Hazardous Devices School [HDS], the
Committee now believes that all explosives training should be
consolidated under the law enforcement agency that has
explosives as a core mission: the Bureau of Alcohol, Tobacco,
Firearms and Explosives [ATF]. Accordingly, the Committee
directs the FBI to work with the ATF to develop and implement a
plan to consolidate and relocate all ATF explosives training
from Fort A.P. Hill to the HDS. The FBI shall continue to
participate in explosives training, but ATF shall assume all
management and training responsibilities for HDS.
Forensic DNA Initiatives.--Forensic DNA analysis has
rapidly developed into a vital tool used to support an
increasing number of investigative efforts. It is now possible
to obtain DNA profiles from evidence previously discarded as
meaningless, such as fingernail scrapings, cigarette butts,
stamps, envelope flaps, ski masks, baseball caps, weapons,
eyeglasses, or toothbrushes. Biological material recovered from
such items can be used by DNA examiners to identify an
individual to a reasonable degree of scientific certainty. The
FBI's DNA program supports cases ranging from the September 11
terrorist attacks to ``cold cases'' which were originally
examined prior to the advent of DNA profiling. To increase
throughput of DNA cases and incorporate productivity
improvements by replacing manual processes, the Committee
recommendation includes an additional $2,692,000 for the DNA
program.
The recommendation also includes an additional $591,000 for
the Federal Convicted Offender [FCO] program. The FCO program's
authority to collect DNA samples was expanded by the USA
Patriot Act (Public Law 107-56) to include additional crimes of
violence and terrorism-related offenses. This funding will
support additional positions to manage and type Federal
convicted offender samples, purchase equipment, and fund
additional expenses related to this effort.
Criminal Justice Information Services Division.--The
Committee recommendation includes $357,000,000, including fee
collections, for the Criminal Justice Information Services
Division [CJIS].
In December 2001, the FBI developed a technology
refreshment plan for all CJIS systems to upgrade system
architecture to ensure that the system does not become
antiquated. The improvements include updating hardware and
software systems that are approaching obsolescence. Under no
circumstances is the FBI to divert funding collected through
the CJIS user fee for any purpose other than CJIS, its
refreshment plan, or a subsequent modernization plan for the
current facility.
Background Clearances.--In fiscal year 2002, there was a
300 percent increase in Law Enforcement Initiative clearances
such as task force personnel, chaplains, Foreign Intelligence
Surveillance Act technicians, and other non-compensated/non-FBI
personnel. It is imperative that the FBI provide thorough and
expeditious background checks. The Committee recommendation
therefore includes an additional $5,050,000 for Background
Investigative Contract Services and $968,000 for Contract
Adjudicators to analyze the background checks.
Polygraph Program.--The importance of the polygraph program
at the FBI has never been more clear. Earlier this year, the
second top-level counterintelligence agent in the same number
of years was indicted for wrongdoing. This time, the agent was
accused of improperly handling classified material and having
an improper relationship with his asset. He was never
polygraphed at the FBI. Nor was Robert Hanssen. Post-Hanssen,
the polygraph program was expanded to include periodic
polygraph examinations for individuals who have broad access to
the FBI's most sensitive information and for employees leaving
for and returning from permanent foreign assignments. The
expanded polygraph program is intended to ensure the initial
and continued trustworthiness of all persons who are being
granted a security clearance by the FBI, whether that clearance
entails access to unclassified FBI information and facilities
or Sensitive Compartmentalized Intelligence information. The
Committee recommendation includes $6,419,000 above the fiscal
year 2003 level for additional positions, specialized training,
equipment, travel, and expert quality control reviews for the
polygraph program.
Security.--The Committee supports the FBI's efforts to
provide a safe and secure workplace for its personnel and will
consider the use of available resources for requested
enhancements for technical and physical security, police force
and guard services, and defensive programs unit, subject to
Section 605 of this Act.
Communications Application.--The Committee does not support
providing additional funding for Communications Applications.
Such capabilities are already available to the FBI through the
Drug Enforcement Administration's Special Operation Division.
Legal Attaches.--The Committee is aware of the important
role of the FBI's Legal Attache [Legat] offices, particularly
with receiving and pursuing investigative leads in support of
the war on terrorism. The Committee, however, strongly opposes
further expanding the Legat program until the FBI has performed
a comprehensive and meaningful review of the program. Such a
review shall focus on the connection of each existing office to
the pursuit of the FBI's top priority missions.
Intellectual Property Rights.--Industrial espionage, by
both erstwhile friends and obvious foes, has become the growth
industry in the counterintelligence world. The struggle for
domination among major powers is now played out in largely
economic terms. Ideas and innovation are the sinews of national
strength. Within the funds made available for
counterintelligence activities, $5,000,000 shall only be
available to combat industrial espionage and other threats to
the intellectual property rights of manufacturers and
researchers in the United States.
Corporate Crime Reporting.--The Committee is concerned that
the Federal Bureau of Investigation [FBI] does not provide
adequate information on corporate crime activities, such as
pollution, accounting fraud, corruption, price fixing and tax
evasion. While the FBI's Crime in the United States report
provides information on street crime from 17,000 enforcement
officials around the country, no similar report exists for
corporate crime. The Committee expects the FBI to provide the
Committee with information about the resources that it would
take to produce a comprehensive report that includes all
criminal, civil and administrative actions brought against a
company, including resolution of the case. The report should
also examine the trends and the number of civil cases referred
by the Securities and Exchange Commission [SEC] and other
agencies to U.S. Attorneys for criminal prosecution. Of these
cases, the report should consider how many of those referrals
were disposed, how many defendants were actually prosecuted,
how many found guilty and how many were sent to jail.

CONSTRUCTION

Appropriations, 2003.................................... $1,242,000
Budget estimate, 2004...................................................
House allowance......................................... 1,242,000
Committee recommendation................................ 44,791,000

The Committee recommends an appropriation of $44,791,000.
The recommendation is $44,791,000 above the budget request. Of
that amount, $33,617,000 shall be for a Cyber Counter-Terrorism
Training Center that shall be located along the Boston Post
Road to train all Justice law enforcement agencies in cyber
investigations and computer forensics. The FBI shall submit a
site and design proposal to the Committees on Appropriations
prior to the obligation of any of these funds. In addition,
$9,932,000 is recommended to complete the fit out of the new
wing of the Engineering Research Facility.

Drug Enforcement Administration

SALARIES AND EXPENSES

Appropriations, 2003.................................... $1,550,773,000
Budget estimate, 2004................................... 1,558,743,000
House allowance......................................... 1,601,327,000
Committee recommendation................................ 1,512,281,000

The Committee recommends an appropriation of
$1,512,281,000. The recommendation is $46,462,000 below the
budget request. The Committee recommendation reflects the
transfer of all joint Federal, State, local, and foreign law
enforcement activities previously funded within the Drug
Enforcement Administration [DEA] to a new account titled
``Interagency Law Enforcement Support''. The Committee is aware
that up to $179,000,000 in additional carryover will also be
available to apply to this account.
The Committee recommendation does not support the DEA's
proposal to collapse its current decision units from ten to
three units. Rather, the Committee recommendations are
displayed in the following table:

DRUG ENFORCEMENT ADMINISTRATION
[In thousands of dollars]
------------------------------------------------------------------------
Activity Amount
------------------------------------------------------------------------
Enforcement of Federal Laws and Investigations:
Domestic Enforcement............................... 518,918
Foreign Cooperative Investigations................. 208,199
Drug and Chemical Diversion Control................ 20,526
State and Local Task Forces........................ 200,028
Enforcement and Prevention......................... 8,750
----------------
Subtotal......................................... 956,421
================
Investigative Support:
Intelligence....................................... 129,294
Laboratory Services................................ 60,518
Training........................................... 24,903
Research, Engineering, and Technical Operations.... 117,799
ADP................................................ 138,976
----------------
Subtotal......................................... 471,490
================
Program Direction:
Management and Administration...................... 107,971
----------------
Subtotal......................................... 107,971
================
Transfer to Interagency Law Enforcement Support........ (23,601)
================
TOTAL............................................ 1,512,281
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan. The Committee recommendations
are discussed in more detail in the following paragraphs.
Additional Domestic Enforcement Agents.--Since the
September 11, 2001, terrorist attacks, Federal law enforcement
agencies have shifted agents from drug-related cases to
counterterrorism investigations. This necessary shift in
Federal priorities has resulted in the DEA, the country's only
Federal agency dedicated to the single mission of drug
eradication, to fill the drug enforcement gap. While it is
unrealistic to believe that increased funding would eliminate
the drug trade in its entirety, the diversion of other Federal
agents to homeland security demands that the DEA concentrate
its efforts fully on disrupting the flow of narcotics into and
within America. Therefore, the recommendation includes
$10,000,000 for additional domestic enforcement agents.
Additionally, the Committee has transferred Mobile
Enforcement Team [MET] resources and existing personnel from
State and Local Task Forces to Domestic Enforcement, as
proposed in the budget request. The MET program was created in
response to drug-related violent crime in local communities
across the nation. METs work in conjunction with local law
enforcement by assisting in targeting and arresting local
dealers. While this program has been effective at removing low-
level ``street pushers,'' its effectiveness in eliminating the
supply lines and major suppliers is suspect. The DEA is
directed to submit a report to the Committees on Appropriations
not later than May 24, 2004, describing what the impact of
eliminating the MET program will be on local communities.
Regional Enforcement Teams.--While the Committee
appreciates DEA's effort to restructure and focus on
dismantling major drug networks, the agency cannot become rigid
and formulaic; a component of the agency must be dedicated and
prepared to respond to emerging drug trends. The Regional
Enforcement Team [RET] program was established to give the DEA
specialized, flexible teams ready to deploy resources and
respond to the shift by major drug cartels away from
centralized bases of operations in major metropolitan cities to
larger numbers of regional command posts in smaller, less
populated areas across the nation. RET team deployments have
proven to be very successful at dismantling drug trafficking
organizations in targeted areas at a very low cost per
operation. Since the program's inception in 1999, the RET has
been deployed twenty times and has had a significant impact on
national investigations. The Committee continues to support
this program and has included funding within Domestic
Enforcement for its continuation.
Overseas Offices.--The Committee remains concerned about
the lack of oversight of DEA overseas offices and the
evaluation process to determine their effectiveness. While the
recommendation does not restrict the DEA from opening overseas
offices in fiscal year 2004, due to the lack of information
regarding foreign office evaluations, the recommendation does
not include funding for more than the current number of
overseas offices (57 Country Offices and 17 Resident Offices).
The DEA may therefore only open a new office after first
submitting a written report to the Committees on Appropriations
providing justification for the new office and proposing the
closure of an existing office.
International Training.--The recommendation does not
include the requested $1,500,000 for the International Training
Program. To date, DEA's international counter-narcotics
training for foreign narcotics law enforcement officers has
been funded through a Memorandum of Understanding with the
Department of State. The Committee encourages DEA to work with
the Department of State to resolve any concerns regarding
reimbursements for this program.
Training.--The drug market in the United States remains one
of the most lucrative in the world. The DEA and local law
enforcement face enormous challenges in trying to stem the flow
of drugs through the numerous traffic lanes that exist. One of
the principal transit routes continues to be the Southwest
border with Mexico. In fact, it is estimated that as much as 65
percent of cocaine smuggled into the United States is routed
through Mexico. While the DEA and other law enforcement
agencies have done a remarkable job in addressing this problem,
it is readily apparent that the United States will not be able
to solve this problem alone. The United States must continue to
work with Mexico as a partner to dismantle the organizations
that control these transit routes. In order to do this, there
must be a concerted effort to work with not only Mexican
Federal Officials, but also with local Mexican law enforcement.
There are currently five regional academies located throughout
Mexico, including the southern states of Chiapas and Michoacan.
The regional academies are administered by Sistema Nacional de
Seguridad Publica, a division of Secretaria de Seguridad
Publica, which is responsible for public security in Mexico.
The Committee is aware that U.S. law enforcement agencies have
provided training courses and technical assistance to the
regional academies. The Committee commends past work in this
area and expects all training of Mexican law enforcement
officers (Federal, State, and local) provided by the DEA to be
conducted in concert with the five regional academies. The DEA
is instructed to provide the Committees on Appropriations a
report no later than June 30, 2004, detailing Mexican training
programs and enrollment rates, as well as training programs
conducted in other foreign countries and their enrollment
rates.
Research, Engineering and Technical Operations.--Strides in
technology continue to improve daily lives. Technology has
simplified and streamlined everything from communications to
banking. Unfortunately, the technology revolution has also
assisted drug kingpins in their ability to launder money,
communicate, and direct drug distributions. Therefore, within
the amounts provided for Research Engineering and Technical
Operations, $1,500,000 shall be for the DEA to work in
collaboration with the Dante B. Fascell North South Center to
analyze the role that information technology is playing in the
drug trade.
Demand Reduction Program/Integrated Drug Enforcement
Assistance.--The Administration strategy to reduce drug use by
10 percent over 2 years and 25 percent over 5 is based on three
core principals: (1) preventing drug use before it starts, (2)
treating drug users, and (3) disrupting the drug markets.
Through the Demand Reduction Program and Integrated Drug
Enforcement Assistance [IDEA], the DEA provides outreach to
local communities to ensure effective programs are in place to
enhance enforcement and prevention. The agency's Demand
Reduction Program is unique in that it does not conduct
research or disburse grants. Rather, the program provides a
Demand Reduction Coordinator to work directly with local
communities, offering support in the development of drug
prevention and education programs. Similarly, IDEA is a
coordinated anti-drug initiative that combines law enforcement
with long-term community follow-up to reduce drug demand. The
plan involves assisting local communities with the formation of
a coalition designed to reduce demand through prevention,
education and treatment. Both the Demand Reduction Program and
the IDEA initiative have been highly successful in reducing
demand for drugs. The recommendation provides $8,750,000 to
continue these two programs.
Methamphetamine.--Methamphetamine is a synthetic drug that
is widely abused and manufactured within the United States.
Through its production and chemical composition, the drug poses
a major threat to the health of its users and to the
environment. The Committee therefore remains committed to
providing sufficient resources to the DEA to support
methamphetamine enforcement and the safe cleanup of clandestine
methamphetamine laboratories. The Committee encourages the DEA
to continue its efforts to identify, target, disrupt and
disseminate Priority Targets trafficking methamphetamine; train
and assist State and local authorities to recognize and
properly address the cleanup of small toxic labs [STLs];
identify and regulate major producers and distributors of
important precursor chemicals to ensure they are not diverted
for illicit use; and conduct demand reduction and other
training programs to increase public awareness and educate law
enforcement personnel, prosecutors, and other professionals on
the dangers of methamphetamine.
The Committee directs DEA to ensure sufficient personnel
are assigned to methamphetamine cases. Additionally, the
Committee directs DEA to provide quarterly reports to the
Committees on Appropriations on the DEA's enforcement efforts,
including efforts to target methamphetamine precursor chemicals
to avoid their diversion and to promote demand reduction of
methamphetamine.
Modernization Program.--The Committee recognizes the need
to upgrade the DEA's aviation fleet. For example, at least 10
of the DEA's current LEH's are Vietnam-era surplus helicopters
that are nearing the end of their useful lives. Therefore, the
Committee supports the use of available resources, subject to
section 605 of this Act, to procure additional fixed wing,
rotary wing, lighter-than-air, and unmanned aerial vehicles
using existing contract authority.
``Drug Diversion Control Fee'' Account.--The Committee has
provided $91,499,000 for DEA's Drug Diversion Control Program.
The Committee has not included requested enhancements because
the final rule proposing a fee increase to support such
enhancements has not yet been published. The request is
therefore premature, as the DEA cannot yet collect the fees to
support program increases. Should the DEA determine that these
enhancements more accurately reflect the mission of the Drug
Diversion Control Program than current activities, the DEA may
redirect existing resources within this account through the
reprogramming process.

Bureau of Alcohol, Tobacco, Firearms and Explosives

SALARIES AND EXPENSES

Appropriations, 2003.................................... $801,188,000
Budget estimate, 2004................................... 851,987,000
House allowance......................................... 831,199,000
Committee recommendation................................ 829,593,000

The Committee recommends an appropriation of $829,593,000.
The recommendation is $22,394,000 below the request.
The Committee recommendation reflects the transfer of all
joint Federal, State, local, and foreign law enforcement
activities previously funded within the Bureau of Alcohol,
Tobacco, Firearms and Explosives [ATF] to a new account titled
``Interagency Law Enforcement Support''.
The ATF is responsible for enforcing Federal laws relating
to alcohol, tobacco, firearms, explosives, and arson and
regulations relating to firearms, explosives and arson.
Safe Explosives Act.--The Homeland Security Act of 2002
includes a provision, known as the Safe Explosives Act, that
amends Title XI of the Organized Crime Control Act of 1970. The
Safe Explosives Act requires that all persons who wish to
obtain explosives, even for limited use, must obtain a Federal
license or permit and restricts the ability of felons and other
prohibited persons from receiving or possessing explosive
materials. The Act also increases qualifications for licensing
and permits to include fingerprints, photographs and
identifying information to conduct criminal history background
checks on all applicants. As the law enforcement agency with
the most training and experience with explosives, ATF was
charged with implementing and enforcing this Act.
The Committee recommendation includes an additional
$10,000,000 to implement the Safe Explosives Act and $4,000,000
to upgrade databases and systems, space alterations, and other
costs related to creating the National Explosives Licensing
Center [NELC] at the Bureau of Alcohol, Tobacco, Firearms and
Explosives National Tracing Center. The Committee expects ATF
to submit a detailed spend plan prior to the obligation of any
of these funds. The NELC will be responsible for reviewing and
processing applications for all Federal explosives licenses and
permits. The NELC staff will coordinate inspection applications
with the appropriate field offices; serve as the official
repository of explosives inspection reports and explosives
license/permit applications; maintain the Federal explosives
license database; issue licenses/permits and coupons; and
provide explosives certifications and status information.
Youth Gun Crime Interdiction Initiative.--The Committee
recommendation includes an additional $13,000,000 for the Youth
Gun Crime Interdiction Initiative [YCGII]. YCGII focuses agent
and inspector resources on reducing youth violence by
interrupting the illegal supply of firearms to youths and
juveniles through crime gun tracing. This level of funding will
allow the program to expand to an additional 10 cities, which
will be selected based on a number of factors, including their
youth and juvenile crime rates as reflected in the Uniform
Crime Reports, identification of the city as a trafficking
source or market, a history of firearms tracing, and the desire
to participate in the program.
Training.--ATF provides advanced and specialized training
programs for Federal, State, local, and international law
enforcement agencies, as well as industry at Fort A.P. Hill,
the Canine Training Center, the Federal Law Enforcement
Training Center, Eglin AFB, and a number of other ad hoc
training sites. Training includes comprehensive explosives
detection, explosives identification, explosives detection
canine handlers, post blast investigation, advanced explosives
destruction techniques, and underwater explosives recovery
training. The Federal Bureau of Investigation [FBI] has its own
explosives training at the Hazardous Devices School [HDS]
located at Redstone Arsenal in Huntsville, AL. The Committee
believes all explosives training should be consolidated under
the law enforcement agency that has explosives as a core
mission: ATF. Accordingly, the Committee directs the ATF, in
consultation with the FBI, to develop and implement a plan to
consolidate and relocate all ATF explosives training from Fort
A.P. Hill to the HDS. Additionally, ATF will assume all
management and training responsibilities for the HDS. However,
the Committee expects the FBI to participate in and continue to
utilize the HDS for explosives training. Further, Justice
Management Division is directed to submit quarterly reports to
the Committees on Appropriations beginning January 1, 2004, on
the progress of consolidating explosives training under the ATF
at the HDS.
Coordination with the Alcohol and Tobacco Tax and Trade
Bureau.--The regulatory and revenue collecting functions
relating to alcohol and tobacco were transferred to the newly
created Alcohol and Tobacco Tax and Trade Bureau [TTB] within
the Department of the Treasury under the Homeland Security Act
of 2002. The enforcement functions relating to those
industries, however, have remained the jurisdiction of ATF. The
Committee believes coordination of these functions remains
critical to meeting the missions of both agencies. The
Committee therefore directs the ATF to submit a report to the
Committees on Appropriations not later than May 20, 2004, to
specify efforts being made to ensure ATF and TTB have
coordinated regulatory, revenue collecting and enforcement
missions.
Overseas Offices.--Along with a number of Justice law
enforcement agencies, including the Federal Bureau of
Investigation, the Drug Enforcement Administration, and the
United States Marshals Service, the Committee is aware that ATF
has offices in Canada, Colombia, France, and Mexico. The
Committee directs the ATF to submit a report to the Committees
on Appropriations not later than May 1, 2004, detailing the
mission of each office, the coordination efforts of each office
with other law enforcement agencies within the region, and the
Bureau's future plans for expansion of their overseas presence.

Federal Prison System

The Committee does not support the budgeting format for the
Federal Prison System as outlined in the Department of Justice
budget submission. Therefore, as in previous years, the
Committee aligns the budget request submitted by the Office of
Management and Budget as follows:

SALARIES AND EXPENSES

Appropriations, 2003.................................... $4,044,788,000
Budget estimate, 2004................................... 4,677,214,000
House allowance......................................... 4,461,257,000
Committee recommendation................................ 3,872,791,000

The Committee recommends an appropriation of
$3,872,791,000. The recommendation is $804,423,000 below the
budget request. This recommendation shall be expended in the
following manner:

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

------------------------------------------------------------------------
Inmate Care and Programs.............................. 1,493,305
Institution Security and Administration............... 1,897,523
Contract Confinement.................................. 332,359
Management and Administration......................... 149,604
-----------------
Total, Salaries and Expenses.................... 3,872,791
------------------------------------------------------------------------

The Committee recommendation reflects the transfer of all
joint Federal, State, local and foreign law enforcement
activities previously funded within the Bureau of Prisons [BOP]
to a new account titled ``Interagency Law Enforcement
Support''.
The recommendation also transfers Justice Prisoner and
Alien Transportation System [JPATS] funding to the Office of
the Detention Trustee.
Activation of New Prison Facilities.--The Committee
recommendation includes funding for activation of eight new
facilities which will add 9,280 beds:

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

------------------------------------------------------------------------
USP Hazelton, WV (1,088 beds)........................... 40,587
USP Canaan, PA (1,088 beds)............................. 40,599
USP Terre Haute, IN (960 beds).......................... 12,192
FCI Victorville, CA (1,152 beds)........................ 40,610
FCI Forrest City, AR (1,152 beds)....................... 38,771
FCI Herlong/Sierra, CA (1,280 beds)..................... 41,165
FCI Williamsburg, SC (1,280 beds)....................... 38,054
FCI Bennettsville, SC (1,280 beds)...................... 41,250
---------------
Total, Activations (9,280 beds)................... 293,228
------------------------------------------------------------------------

Female Inmates.--The Committee understands the BOP is
working on a long-term plan for housing female inmates. The
Committee directs the BOP to submit this detailed plan to the
Appropriations Committee as soon as possible. The Committee
encourages the BOP to consider the use of contract facilities
and directs them to evaluate this option before finalizing
these plans.
The Committee commends the BOP on its work to address and
prevent sexual misconduct. With funds provided in earlier
appropriations acts, the National Institute of Corrections has
made useful progress in providing training and technical
support to correctional systems throughout the country to
eliminate staff sexual misconduct with inmates, in providing
training in investigating cases, and in training ``trainers''
in order that employees at every level will be more aware of,
and better prepared to deal with, these cases. The Committee
directs the BOP to continue these efforts and to report to the
Committee by March 31, 2004 on progress made in this area.
Bed Space Demands.--The Bureau of Prisons is directed to
meet bed space needs using excess State, local, and private
prison capacity, if these facilities meet Bureau of Prison
standards.

BUILDINGS AND FACILITIES

Appropriations, 2003.................................... $396,632,000
Budget estimate, 2004...................................................
House allowance......................................... 202,840,000
Committee recommendation................................ 345,805,000

The Committee recommends a total of $345,805,000 for the
construction, modernization, maintenance, and repair of prison
and detention facilities housing Federal prisoners. This amount
is $345,805,000 above the budget request.
The Committee continues to strongly support the BOP's
construction program, designed to provide sufficient inmate
beds to manage overcrowding in facilities and maintain them in
a safe and secure manner for staff, inmates and surrounding
communities.
The Committee recommendation includes funding for
facilities with prior year funding as follows:

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

------------------------------------------------------------------------
FCI Yazoo City, MS...................................... 33,160
USP Berlin, NH (with work camp and protective custody 154,500
unit)..................................................
FCI Beckley, WV......................................... 41,000
FCI Glenville, WV....................................... 41,600
FCI Mid Atlantic........................................ 40,300
------------------------------------------------------------------------

The Committee does not support the inclusion of
specifically directed appropriations listed as rescissions in
the Bureau's budget submission. The Committee reiterates the
direction in the Conference Report to the fiscal year 2003
Appropriations Act that, ``No funds appropriated for the
Federal Prison System in this or prior Appropriations Acts for
the construction of new facilities may be rescinded or
cancelled.'' The BOP shall move forward with all current
projects as planned. The Bureau shall comply with this
direction in all future budget submissions.

Federal Prison Industries, Inc.

(LIMITATION ON ADMINISTRATIVE EXPENSES)

Appropriations, 2003.................................... $3,407,000
Budget estimate, 2004................................... 3,429,000
House allowance......................................... 3,429,000
Committee recommendation................................ 3,429,000

This Committee recommends a limitation on administrative
expenses of $3,429,000 for the Federal Prison Industries, Inc.
The recommendation is identical to the budget request.
The Committee continues to strongly support Federal Prison
Industries [UNICOR] and recognizes its importance in the
efficient and safe management of Federal prisons. UNICOR
provides prison inmates with the opportunity to learn important
work habits, participate in meaningful employment which keeps
them productively occupied during work hours, and develop
improved job skills which reduces recidivism. The Committee
also recognizes the necessity for UNICOR to grow as the inmate
population increases. Finally, UNICOR is a self-supporting
revolving fund the resources of which are derived from sales of
its products. In the future, the BOP is directed to submit only
UNICOR's appropriations language exhibit.

Office of Justice Programs

Appropriations, 2003.................................... $2,616,060,000
Budget estimate, 2004................................... 2,173,855,000
House allowance......................................... 3,491,261,000
Committee recommendation................................ 2,630,637,000

The Committee recommends $1,973,251,000 for the Office of
Justice Programs [OJP]. The recommendation is $200,604,000
below the budget request.
The Committee does not support the budgeting format for OJP
as outlined in the Department of Justice budget submission.
Therefore, as in previous years, the Committee aligns the
budget request submitted by the Office of Management and Budget
as outlined below.

MANAGEMENT AND ADMINISTRATION

Appropriations, 2003....................................................
Budget estimate, 2004...................................................
House allowance......................................... $40,000,000
Committee recommendation................................ 29,000,000

The Committee recommends an appropriation of $29,000,000.
The recommendation is $29,000,000 above the budget request. In
light of the new management and administrative responsibilities
of the OJP office, the Committee recommends a staffing level of
not more than 500 full-time equivalents.

JUSTICE ASSISTANCE

Appropriations, 2003.................................... $199,983,000
Budget estimate, 2004................................... 2,124,801,000
House allowance......................................... 209,131,000
Committee recommendation................................ 136,500,000

The Committee recommends an appropriation of $136,500,000.
The recommendation is $1,988,301,000 below the budget request.
The Committee recommendations are displayed in the
following table:

JUSTICE ASSISTANCE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
National Institute of Justice........................ 50,000
Office of Science and Technology................. [20,000]
The National Law Enforcement and Corrections [21,000]
Technology Centers..............................
Bureau of Justice Statistics......................... 25,000
Missing Children..................................... 32,500
Regional Information Sharing System.................. 29,000
------------------
Total, Justice Assistance...................... 136,500
------------------------------------------------------------------------

Office of Science and Technology [OS&T].--The Committee
commends the efforts of the leadership of the National
Institute of Justice's Office of Science and Technology and the
continuing partnership that OS&T has developed with the
National Institute of Standards and Technology.
To implement the mission of OS&T, the Committee recommends
$20,000,000 for OS&T from within the overall amount provided
for NIJ.
The National Law Enforcement and Corrections Technology
Centers [NLECTC].--The Committee commends the work that NIJ's
OS&T, and through it the NLECTC system, have done to improve
the capabilities of the law enforcement and corrections
communities. To further the work of the NLECTC system, the
Committee recommends $21,000,000 for the continued support of
the system. Of the amount provided, the Committee directs that
funds be distributed in the following manner to the Centers:

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

In addition to the above activities, within the amounts
provided, NIJ is to provide grants for the following projects:
--$4,500,000 for the National Crime Prevention Council
(McGruff Program);
--$800,000 for the Haymarket Center's Rehabilitative
Confinement Program;
--$200,000 for Merit School of Music's alternative to crime
and violence programs in Chicago, Illinois;
--$850,000 for the Mistral Security Non-Toxic Drug Detention
and Identification Aerosol Technology;
--$2,000,000 for the Ohio Palmprint AFIS Program; and
--$1,500,000 for the National Judicial College.
Missing Children Program.--The issue of child exploitation
has been raised to the forefront of the national conscience due
to the recent string of child pornography and missing children
cases that have been highlighted in the media over the last few
months. The Committee continues to strongly support the Missing
and Exploited Children Program run by the Bureau of Justice
Assistance. The Committee recommends $32,500,000 to continue
and expand efforts to protect the Nation's children, especially
in the areas of locating missing children, as well as the
growing wave of child sexual exploitation found on the
Internet.
Within the amounts provided, the Committee has included the
following:
(1) $12,500,000 for the Internet Crimes Against Children
Task Forces. These task forces assist State and local law
enforcement agencies in acquiring the knowledge, equipment, and
personnel resources necessary to successfully prevent,
interdict, and investigate cases of child exploitation on the
Internet. These task forces shall work in concert with I-Safe
America to emphasize Internet safety education for grades K-12
to prevent child predation on the Internet.
(2) $20,000,000 for the National Center for Missing and
Exploited Children [NCMEC]. The NCMEC is the clearinghouse and
national resource center regarding the issue of missing and
exploited children. In addition to the other critical work
performed by the center, this appropriation will also allow the
NCMEC to maintain the training programs provided by the Jimmy
Ryce Law Enforcement Training Center, continue the successful
CyberTipline program, continue the Police Technology Project
(LOCATER) and expand the NetSmartz Workshop. Of the funds
appropriated for the NCMEC, $3,000,000 shall be directed
specifically for the Jimmy Ryce Law Enforcement Training
Center.
Regional Information Sharing System [RISS].--The Committee
recommends an appropriation of $29,000,000. The RISS program
provides funds to maintain six regionally-based information
sharing centers which allow for information and intelligence
services to be disseminated nationwide addressing major, multi-
jurisdictional crimes. The Committee commends the ongoing
collaboration between RISS and Law Enforcement On-Line [LEO],
particularly with regard to the decision to provide access to
RISS Anti-Terrorism Information Exchange [ATIX] resources to
any user holding a valid LEO account, regardless of whether the
user also holds a RISS account. The Committee recognizes that
the relationship between RISS and LEO is dynamic and evolving,
and strongly supports further collaboration.

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

Appropriations, 2003.................................... $2,030,990,000
Budget estimate, 2004...................................................
House allowance......................................... 1,640,861,000
Committee recommendation................................ 1,461,075,000

The Committee recommends an appropriation of
$1,461,075,000. The recommendation is $1,461,075,000 above the
budget request.
The Committee recommendations are displayed in the
following table:

STATE AND LOCAL LAW ENFORCEMENT
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Local Law Enforcement Block Grant.................... 150,000
Boys and Girls Clubs............................. [80,000]
State Criminal Alien Assistance Program.............. 250,000
Indian Assistance.................................... 18,000
Byrne Grants:
Formula.......................................... 500,000
Discretionary.................................... 88,575
Violence Against Women Act Programs.................. 406,000
Drug Courts.......................................... 43,500
Safe Return Program.................................. 500
Law Enforcement Family Support Programs.............. 1,000
Senior Citizens Against Marketing Scams.............. 2,000
Motor Vehicle Theft Prevention....................... 1,500
------------------
Total, State and Local Law Enforcement 1,461,075
Assistance....................................
------------------------------------------------------------------------

Indian Country Grants.--The Committee understands that the
Comprehensive Indian Resources for Community Law Enforcement
[CIRCLE] initiative is working well. The Committee urges the
Department to consider ways to expand the CIRCLE project into
other communities.
The Committee notes that the Department of Justice and
other Federal agencies have provided grants to tribes in Alaska
for courts, police officers, and law enforcement equipment.
Because the previous administration recognized 227 separate
tribes in Alaska, there are not sufficient funds for each tribe
to have its own court system and police force. Therefore, the
Committee has included a general provision in the bill
clarifying that funds should not be made available to tribes in
Alaska for courts or police until a more efficient delivery
system can be developed such as consolidation. However, to
ensure that judicial services continue in Alaska Native
villages, the funds that have previously been granted to tribes
will now be allocated to the State of Alaska to increase
magistrates and fund the Village Public Safety Officer Program
until such system can be developed.
Within the amount provided, the Committee directs that
grants be provided for the following prison construction
projects:
--$900,000 for the Lower Brule Sioux Tribe Detention
Facility; and
--$2,900,000 for the Yankton Sioux Tribe Juvenile Detention
Facility.
Edward Byrne Grants to States.--Within the amount provided
for Byrne formula grants, the Committee urges Governors and
relevant State and local officials to review the following
proposals and provide grants if warranted: Arkansas
Methamphetamine Lab Project, Criminal Justice Institute;
Barron-Rusk County, Wisconsin Drug Task Force; Caddo Parish,
Louisiana Methamphetamine Enforcement; Clackamas County
Juvenile Justice Detention Facility; Catholic Charities of
Maine Rapid Response Program; COPS Methamphetamine Drug Hot
Spots Program, Arkansas State Police; Drug Endangered Children
rapid response team in Iowa; Arizona methamphetamine program;
Sedgwick County, Kansas rapid dispatch capability; Law
Enforcement Innovation Center at Knoxville, Tennessee; Drug
Interdiction Team to seize illegal drugs transported into Iowa;
Enhancing illegal drug trafficking investigations by State and
local authorities in Iowa; Arizona violent crime scene
response; Georgia VeriTracks program; Greenbrook Project,
Maryland; Iowa Drug-Free Workplace Education Project; Marion
County, Oregon Methamphetamine Lab Surveillance and Seizure
Program; Meth Safe housing pilot project, Iowa Office of Drug
Control Policy; Methamphetamine enforcement efforts in Nevada;
Methamphetamine enforcement, State of Indiana; Methamphetamine
Interdiction Program in Northwest Louisiana; Methamphetamine
Montana Initiative; Methamphetamine Program for Washington
State; Multnomah County, Oregon Children's Receiving Center;
National Fatherhood Initiative; Nebraska Methamphetamine Drug
Hot Spots Program; Idaho methamphetamine initiative; Nebraska
Statewide Drug Enforcement and Lab equipment; California
Methamphetamine Strategy [CALMS]; Lewis & Clark Bicentennial
Bi-State Safety Project; New York City Specially-Targeted
Offenders Program; Nebraska Statewide Drug Treatment and
Prevention; Oglala, South Dakota Youth Court/Court Systems;
Maine Rural Substance Abuse Partnership; Oregon Meth Lab
Surveillance and Seizure Program; Phoenix House Los Angeles
Methamphetamine Initiative in California; Project Peacemaker;
Savannah, Georgia Impact Program; ShareHouse Methamphetamine
Treatment Project in North Dakota; South Central and East
Central Iowa Meth Lab Task Forces; Texas State University
Advanced Law Enforcement Rapid Response Training Center; St.
Croix District Attorney's Office Initiative to Combat
Methamphetamine; and Stop Meth Environments in Lane County,
Oregon; Chicago Project for Violence Prevention; Elderly Fraud
Prevention Initiative in Iowa; Arkansas State Police's
Methamphetamine Drug Hot Spots Program; Methamphetamine Drug
Program for Washington State.
Within the amount provided for Byrne discretionary grants,
the Committee expects the Bureau of Justice Assistance to
review the following proposals and provide grants if warranted:
--$2,000,000 for the First Tee program;
--$250,000 for the Abilene, Texas, Emergency Response and
Public Safety Communications Systems Replacement;
--$1,100,000 for an alcohol interdiction program designed to
investigate and prosecute bootlegging crimes as part of
a statewide effort to reduce fetal alcohol syndrome in
Alaska;
--$150,000 for the Alabama Criminal Justice Training Center;
--$210,000 for the Alaska DARE Coordinator;
--$1,000,000 for the Alaska Native Justice Center;
--$650,000 for the Alaska Public Safety Academy;
--$750,000 for the Alaska Youth Community Policing
Initiative;
--$500,000 for the Alcorn State University Minority Law
Enforcement program;
--$1,500,000 to An Achievable Dream, Virginia;
--$2,000,000 for the Baltimore City, Maryland, Drug
Enforcement and Eradication Program;
--$126,000 for basic law enforcement equipment at the Kansas
Bureau of Investigation;
--$300,000 for an Amber Alert/ORN Integration Program at the
Ohio Bureau of Criminal Identification and
Investigation;
--$500,000 to establish the Belknap, New Hampshire, Regional
Special Operations program;
--$175,000 for Bolivar County, Mississippi, Sheriff's
Department;
--$2,000,000 for the California Anti-Terrorism Information
Center;
--$250,000 for the Catholic Charities of Maine, Rapid
Response Program;
--$500,000 for the Center on Domestic Violence at the
University of Colorado in Denver;
--$1,146,000 for Child-Safe Personalized Weapons-Smart Gun,
New Jersey;
--$300,000 for the Citizenship and Justice Academy,
Mississippi;
--$300,000 for the Philadelphia, Pennsylvania, Safe Streets
Initiative;
--$500,000 for the Community Action Neighborhood Empowerment
Program in Erie County, New York;
--$100,000 to the city of Custer, South Dakota, for emergency
warning system equipment;
--$1,000,000 for the Davidson County, Tennessee, Drug Court
Program;
--$1,900,000 for a case management system for the Delaware
State courts;
--$4,000,000 for the Eisenhower Foundation for the Youth Safe
Haven program;
--$750,000 for Emergency Services Equipment Upgrade in
Midwest City, Oklahoma;
--$1,000,000 for the Five County Southeastern Utah
Methamphetamine Project;
--$4,400,000 for Hawaii County Comprehensive Methamphetamine
Response;
--$5,000,000 for program operations at the Institute of
Security Technology Studies, New Hampshire;
--$500,000 for the Iowa Tank Lock Methamphetamine Initiative;
--$602,000 for Jackson, Mississippi, Public Safety Automated
Technologies;
--$300,000 to the John Hope Settlement House in Providence,
Rhode Island, for a family support center;
--$200,000 for the Las Vegas, Nevada, Metropolitan Police
Forces' Special Weapons and Tactics [SWAT] Team;
--$500,000 for Law Enforcement Radio Infrastructure Project
in Wake County, North Carolina;
--$750,000 for the Leadership Institute in Judicial Education
at the University of Memphis in Memphis, Tennessee;
--$250,000 to the Louisiana Commission on Law Enforcement for
its Methamphetamine Task Force in Claiborne, Grant,
Natchitoches, Rapides, Vernon, Webster, and Winn
Parishes;
--$500,000 for methamphatamine enforcement in Mississippi;
--$750,000 for the Louisiana Methamphetamine Task Force;
--$400,000 to Milton R. Abrahams Legal Clinic at Creighton
University, Nebraska;
--$500,000 for the Institutional Security Program at
Mississippi University for Women;
--$400,000 for the Missouri Fire Training Program;
--$400,000 to the Montana Food Bank Network/Montana
Correctional Enterprises for cannery operations;
--$100,000 for the Morgan County, Kentucky, Sheriff's
Department;
--$2,500,000 for the Missouri MOSMART Program;
--$300,000 for Mujeres Latinas En Accion, Illinois, to expand
its community-based program for domestic abuse and
sexual assault victims;
--$2,000,000 to the Municipality of Anchorage, Alaska, for
statewide enhancement of local law enforcement agencies
to improve response to illegal drug and alcohol use;
--$400,000 to the Medical University of South Carolina for an
innovative and effective program which helps single
head-of-household women with children reject a life of
crime and drugs and build a self supporting lifestyle;
--$4,750,000 for the Executive Office of U.S. Attorneys to
support the National District Attorneys Association's
participation in legal education training at the
National Advocacy Center;
--$2,000,000 for the National Center for Justice and the Rule
of Law, Mississippi;
--$500,000 to the University of South Carolina for the
National Center for Prosecutorial Ethics;
--$500,000 for crime prevention programs run through the
National Crime Prevention Council (McGruff the crime
dog);
--$1,600,000 for the National Fatherhood Initiative;
--$150,000 for the University of North Dakota's Native
Americans Into Law program to recruit and retain
American Indian law students;
--$250,000 to the Network Against Sexual Violence in
Missouri;
--$1,000,000 for the New Mexico Administrative Office of the
Courts to support Dependency Drug Courts in three
judicial districts;
--$500,000 for technology upgrades for the New Hampshire
Department of Motor Vehicles substation;
--$500,000 for the New Hampshire Phoenix House information
technology upgrade project;
--$250,000 for the North Kingstown, Rhode Island, Police
Department Emergency Operations Center;
--$1,500,000 for continuation of Operation Streetsweeper;
--$250,000 for Partners for Downtown Progress in Alaska;
--$500,000 for the Pittsburgh, Pennsylvania, Police Bureau's
Virtual Perimeter Video Surveillance system, which
allows live monitoring of multiple locations by robotic
cameras;
--$122,000 for the Powder Springs Police Force in Cobb
County, GA for new equipment;
--$750,000 to Prairie View Prevention Services in Sioux
Falls, South Dakota to continue methamphetamine use
prevention programs in South Dakota, and to facilitate
integration of prevention and treatment services for
at-risk youth;
--$300,000 to the Prince George's County, Maryland,
Neighborhood Watch Program;
--$750,000 for the New Jersey Department of State for Project
ACTION;
--$250,000 for Project Return, Inc. in Nashville, Tennessee;
--$5,000,000 for the Southeast National Law Enforcement and
Corrections Technology Center for the implementation of
Project SEAHAWK. Funding is provided for the
acquisition of communications equipment, computer
software and hardware technology, and research and
development needed to execute the project;
--$300,000 for the Protection of Senior Citizens,
Indianapolis, Indiana, Housing Authority;
--$1,000,000 for the inclusion of the New Hampshire
Department of Motor Vehicles in the public safety
communications network;
--$1,000,000 for the Montana Public Safety Services Office;
--$500,000 for equipment and supplies for the Ocean Springs,
Mississippi police department;
--$3,000,000 for the Innovative Partnerships for High Risk
Youth demonstration project run by Public/Private
Ventures;
--$250,000 for the University of Arkansas' program to reduce
Family Violence through Workplace Interventions;
--$1,500,000 to fund meth lab task forces in Iowa's south
central and east central counties;
--$300,000 for Marion County, Oregon, Methamphetamine Lab
Surveillance and Seizure Program;
--$100,000 for the Multnomah County, Oregon Children's
Receiving Center;
--$100,000 for the Ridge House in Nevada;
--$500,000 for the Minot State University, North Dakota,
rural methamphetamine project;
--$275,000 to the South Dakota Association of County
Commissioners to fund an upgrade in 9-1-1 wireless
systems statewide;
--$2,000,000 for the SEARCH National Technical Assistance and
Training Program;
--$750,000 for Fisk University's Security Enhancement
Initiative, Nashville, Tennessee;
--$1,100,000 for Security Enhancements Programs for the South
Carolina Palmetto Expo Center;
--$80,000 for the Shelbyville, Kentucky, Police Department;
--$100,000 to the Alabama Sentencing Commission for a
simulation model of the Alabama sentenced offender
population;
--$695,000 for the South Carolina Domestic Violence Reduction
Initiative, of which $150,000 is for Safe Passage which
assists victims in Chester, Lancaster, and York
Counties; $150,000 for Safer Harbor which assists
victims in Greenville and Anderson Counties; $175,000
for Safe Homes which assists victims in Spartanburg;
and $220,000 for the Cumbee Center to Assist Abused
Persons, which assists victims in Aiken, Barnwell,
Allendale, Edgefield, McCormick, and Saluda Counties;
--$444,000 to the Southwest Montana Drug Task Force to deter
the use, distribution, and manufacture of dangerous
drugs;
--$200,000 Stamford Geographic Information System,
Connecticut;
--$1,000,000 for the Strategic Medical Intelligence
Initiative Partnership at the University of Pittsburgh
Medical Center;
--$300,000 for the Children's Medical Assessment Center in
South Carolina to extend forensic healthcare services
to outlying rural areas, and to extend the tracking and
medical case management programs to all law enforcement
jurisdictions in the local Tri-County area;
--$250,000 for the National Judicial College;
--$250,000 for the National Council of Juvenile and Family
Court Judges;
--$400,000 for MidAmerica Nazarene University's Criminal
Justice/Forensic Science Initiative, Kansas;
--$1,000,000 for the Tools for Tolerance program, California;
--$1,000,000 for Behavioral Health Research at the University
of Connecticut;
--$250,000 for University of Southern Mississippi's Rural Law
Enforcement Training Initiative;
--$200,000 for the UNLV Boyd School of Law;
--$1,100,000 for the Vermont Drug Task Force;
--$250,000 to the Washington Public Building Mapping System;
--$100,000 for the Western District of Kentucky Federal
Fugitive Task Force;
--$400,000 for the Institute for American Values;
--$500,000 to continue the efforts of the Wisconsin
Methamphetamine Initiative; and
--$250,000 for equipment and supplies for the Richton,
Mississippi police department.
Violence Against Women Act Programs.--Within the funds
appropriated, no less than $185,000,000 shall be used for
general formula grants to the States. The fiscal year 2004
funding will be used to develop and implement effective arrest
and prosecution policies to prevent, identify, and respond to
violent crimes against women, strengthen programs addressing
stalking, and provide much needed victims services. This
includes specialized domestic violence court advocates who
obtain protection orders. In addition, programs should be
strengthened to encourage reporting of domestic violence by
providing assurances that law enforcement and attorney support
systems would be available. This funding is to be distributed
to States to significantly enhance the availability of
services, prosecutors, and law-enforcement officials to women
and children who are subjected to domestic violence. Within the
amount provided, $950,000 shall be for a domestic violence
protection unit in Alaska to enforce a zero tolerance policy
for domestic violence. Within the amounts provided, $500,000
shall be directed for the Standing Together Against Rape [STAR]
program in Alaska.
Drug Courts.--The Committee recommends an appropriation of
$43,500,000. The Committee notes that localities can also
access funding for drug courts from the Local Law Enforcement
Block Grants.

WEED AND SEED PROGRAM

Appropriations, 2003.................................... $58,542,000
Budget estimate, 2004...................................................
House allowance......................................... 51,811,000
Committee recommendation................................ 58,542,000

The Committee recommends an appropriation of $58,542,000.
The recommendation is $58,542,000 above the budget request.

COMMUNITY ORIENTED POLICING SERVICES

Appropriations, 2003.................................... $977,624,000
Budget estimate, 2004................................... 157,377,000
House allowance......................................... 682,993,000
Committee recommendation................................ 656,636,000

The Committee recommends an appropriation of $656,636,000.
The recommendation is $499,259,000 above the budget request.
The Committee provides funding under this account as outlined
below.
The Committee is concerned by the Department of Justice's
continued attempts to diminish the ability of the Community
Oriented Policing Services [COPS] office to accomplish their
mission. The mission of the COPS office is to advance community
policing practices within law enforcement agencies and to
significantly improve public safety in neighborhoods throughout
the country through partnerships with communities, policing
agencies, and other public and private organizations. While the
Committee appreciates the Department's need to address its
Federal counterterrorism responsibility, this need should not
preclude the Department from executing other agency
responsibilities such as local law enforcement programs aimed
at ensuring community safety.
Of particular concern to the Committee is the Department's
continued insistence on understaffing the COPS office and the
significant risk this inadequate staffing level can have on
services as a result. The Committee understands that the
current staffing level is only 153 of the 235 authorized (65
percent manning). The Committee also understands that the
office needs a minimum of 200 personnel to maintain the current
quality services the States have come to expect from this
office. Therefore, the Committee directs the COPS office to
develop a plan to relieve this personnel shortage and report
back to the Committees on Appropriations no later than 2 months
after the date of enactment of this Act. Further, the
Department of Justice is directed to provide a report to the
Committees on Appropriations no later than April 1, 2004,
detailing the actions the Department is undertaking to ensure
adequate staffing levels within the COPS office.
The Committee recommendations are displayed in the
following table:

COMMUNITY ORIENTED POLICING SERVICES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Public Safety and Community Policing Programs.......... 260,000
Hiring............................................. [200,000]
Training and Technical Assistance.............. [20,000]
Bullet Proof Vest Grant Program.................... [25,000]
Indian Country..................................... [20,000]
Police Corps....................................... [15,000]
Crime Fighting Technology Programs..................... 294,636
Law Enforcement Technology Program................. [83,960]
Interoperable Communications Technology Program.... [140,000]
Crime Identification Technology Act................ [36,626]
DNA Backlog Elimination/Crime Lab Improvement [34,050]
Program...........................................
Prosecution Assistance................................. 30,000
Gun Violence Reduction............................. [15,000]
Southwest Border Prosecutions...................... [15,000]
Community Crime Prevention............................. 37,000
Project Sentry..................................... [10,000]
Offender Re-entry Program.......................... [5,000]
Safe Schools Initiative............................ [17,000]
Police Integrity Program........................... [5,000]
Management and Administration.......................... 35,000
----------------
Total, Community Oriented Policing Services...... 656,636
------------------------------------------------------------------------

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

PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS

COPS Hiring Program.--The recommendation includes
$200,000,000 for the hiring of school resource officers.
Bullet-proof Vests Grant Program.--Of the funds provided,
such sums as may be necessary are for NIST's Office of Law
Enforcement Standards to continue support for the ballistic
resistant and stab resistant material compliance testing
programs, as well as for other technical support related to
public safety weapons and protective systems.
Indian Country.--The Committee recommends that 5 percent of
the COPS funds be provided directly to tribal judicial systems
to assist Tribal Courts with the caseload associated with
increased arrests as a result of more stringent tribal law
enforcement.

CRIME-FIGHTING TECHNOLOGIES PROGRAMS

Law Enforcement Technology Program.--Within the amount
provided, the COPS office should examine each of the following
proposals, provide grants if warranted, and submit a report to
the Committees on its intentions for each proposal:
--$550,000 for a radio system upgrade in Cary, North
Carolina;
--$300,000 to Abbeville, South Carolina, Sheriff's Department
for mobile data computers and in-car cameras;
--$1,000,000 to the City of Allentown, Pennsylvania, for
funding to develop computer mapping and weekly
accountability sessions;
--$3,000,000 to the Anchorage, Alaska, 9-1-1 Dispatch
program;
--$635,000 for the Arkansas Justice Xchange Project;
--$1,050,000 for police technology grants to be equally
divided between the cities of Barre, St. Albans, and
Springfield, Vermont;
--$500,000 the Ohio Bureau of Criminal Identification and
Investigation Crime Laboratory System Improvement
Project;
--$250,000 to Brown County, South Dakota to integrate the
Regional Communications Center into the South Dakota
State Radio System;
--$850,000 to the City of Greenville, South Carolina, Police
Department for communication system upgrades;
--$2,000,000 for a grant to the Southeastern Law Enforcement
Technology Center's Coastal Plain Police Communications
initiative for regional law enforcement communications
equipment;
--$400,000 for the Colorado Sex Offender Registry;
--$1,500,000 for Computer Aided Dispatch in Modesto,
California;
--$50,000 for investigative capability of the Kansas Bureau
of Investigation's Computer Crime Section;
--$3,000,000 for the Consolidated Advanced Technologies for
Law Enforcement (CAT lab) program at the University of
New Hampshire;
--$750,000 for the Criminal Justice Information Integration
Project, City of Minneapolis;
--$500,000 for the Minnesota Department of Public Safety's
CriMNet system;
--$50,000 for the Dona Ana County, New Mexico, Sheriff's
Department for the purchase of a bomb robot;
--$750,000 for the Downriver Mutual Aid, Michigan, to provide
equipment upgrades to the region's police departments;
--$475,000 for Salem County, New Jersey, for its Emergency 9-
1-1 Dispatch & Communication System;
--$1,000,000 for Wayne County, Michigan, to develop a
countywide emergency communications system and complete
its Global Positioning System project;
--$275,000 for Hoboken, New Jersey, emergency communications
system;
--$1,000,000 for the Enforcement Technology Program in the
City of Macon, Georgia;
--$175,000 to the Billings, Montana Police Department to
enhance the mobile data technology to provide constant
locations of all cars;
--$400,000 for equipment upgrades, City of Gary, Indiana;
--$500,000 for Fairbanks, Alaska, Criminal Justice Data
Sharing;
--$1,000,000 for a firing range, City of Council Bluffs,
Iowa;
--$250,000 for the Georgia Sheriff's Department Multi-Level
Law Enforcement Technology System;
--$500,000 to Greenwood County, South Carolina, Sheriff's
Department for the purchase of mobile data computers
and communications upgrades;
--$350,000 to the Hampton County, South Carolina, Sheriff's
Department for the purchase of computers and
surveillance equipment necessary to patrol high crime
areas of the county;
--$1,500,000 for Harris County, Texas, to purchase and
install equipment for a redundant control emergency
communications center;
--$2,500,000 for the Harrison County, Mississippi, Public
Safety Automated Systems;
--$900,000 for the Internet Project at the Criminal Justice
Institute, University of Arkansas at Little Rock;
--$1,300,000 for Passaic County, New Jersey, Interoperable
Communications project;
--$250,000 for Jackson County, Mississippi, Critical Incident
Response Team;
--$300,000 for the Jasper County, South Carolina, Sheriff's
Department for the purchase of mobile data computers
and in-car cameras;
--$3,000,000 for the J-ONE information system in New
Hampshire;
--$2,500,000 to the Kenai Peninsula, Alaska, Borough
Emergency Operations Center;
--$2,500,000 for the Land Mobile Radio project in Alaska;
--$500,000 for Louisiana Statewide Digital Upgrade of
Interoperable Public Safety Communications System;
--$3,000,000 to Berkeley, Charleston and Dorchester Counties,
South Carolina, for a shared information system for
local law enforcement;
--$200,000 for Lubbock, Texas, Law Enforcement Technology;
--$150,000 for Marion County, Mississippi, COPS equipment;
--$500,000 for the Matanuska Susitna, Alaska, Borough
Emergency Response Radio Network;
--$100,000 for the Mayfield, Kentucky, Police Department;
--$680,000 for Chippewa County, Michigan, to establish a
Michigan Public Safety Communications System;
--$4,000,000 for equipment for the Mississippi Bureau of
Narcotics;
--$120,000 to the Billings, Montana, Police Department for
Command and Control equipment;
--$350,000 to the Newberry County, South Carolina, Sheriff's
Department for the purchase of mobile data computers;
--$3,000,000 for technology and equipment for the New
Hampshire Department of Safety Statewide Interagency
Emergency Operations and Communications System Center;
--$2,000,000 to provide digital radio equipment and
technology to the New Hampshire Department of Safety;
--$250,000 to the New Hampshire Police Standards and Training
for technology and upgrades;
--$1,000,000 for a replacement communications system for
Buchanan County, Missouri, the City of St. Joseph, and
Heartland Health Law Enforcement Communications System;
--$3,000,000 for Northeastern Massachusetts Law Enforcement
Council Communications Upgrades;
--$480,000 for the Ohio Bureau of Criminal Identification and
Investigation Fiber Interconnect Project;
--$2,000,000 for the Oklahoma Department of Public Safety;
--$900,000 to the Southeastern Law Enforcement Technology
Center for the deployment of shot spotter technology;
--$125,000 for the Plymouth State College, New Hampshire,
police department for technology upgrades;
--$500,000 for the City of Fairfield, California, Police CAD/
RMS Dispatch and Records Project;
--$1,250,000 for the Records Interoperability Initiative
through the Consolidated Advanced Technologies for Law
Enforcement;
--$1,000,000 to the City of Memphis, Tennessee, to install a
regional law enforcement communications system;
--$1,600,000 for the Mississippi Ridgeland Police Department;
--$100,000 for the Simpson County, Kentucky, 9-1-1 Center;
--$4,000,000 to the Southeastern Law Enforcement Technology
Center to partner with SPAWAR System Center Charleston
to advance research and development into software radio
technology;
--$2,000,000 to South Carolina Law Enforcement Division to
continue funding for equipment to support a Federal and
State collaboration of investigators and forensics
experts to solve high technology crimes through one
center;
--$500,000 to the South Dakota Police Chiefs' Association and
South Dakota Sheriffs' Association for technology and
equipment;
--$1,000,000 to Louisville-Jefferson County, Kentucky, for
Public Safety Communications System for a common
interoperable voice and data communications system;
--$250,000 to the Southeastern Law Enforcement Technology
Center to develop and deploy affordable spatial
analysis software tools;
--$850,000 for Spartanburg County, South Carolina, for an
advanced 9-1-1 notification system;
--$600,000 for Spokane, Washington, Intelligence/Information
Sharing Computer Systems;
--$500,000 to the State of Wisconsin's Office of Justice
Assistance to create an integrated data-sharing system
linking the criminal justice system throughout the
State;
--$125,000 for Tchula, Mississippi, for police equipment;
--$250,000 for the Adams County, Illinois, Sheriff's
Department to upgrade law enforcement and communication
technologies and to modernize equipment;
--$1,000,000 to the University of Kentucky's Law School
Electronic Access Project;
--$2,000,000 for the UNH/Keene State College Chemical
Environmental Management System;
--$400,000 for a Unified Public Safety Communications Center
in Osceola, Florida;
--$500,000 to Union County, South Carolina, Sheriff's
Department for mobile data computers and communications
upgrades;
--$350,000 for VeriTracks in Georgia;
--$2,000,000 to the State of Alaska for training Village
Public Safety Officers and small village police offices
and acquisition of emergency response and search and
rescue equipment for rural communities;
--$500,000 to procure and evaluate Voice Monitoring and
Logging equipment with embedded TACSCAN capability at
designated locations;
--$500,000 to West Valley City, Utah Police Department for
public safety communications system upgrades;
--$2,000,000 for the Wireless Network and Mobile Data
Terminal Program in the City of Jackson, Tennessee; and
--$20,000 to the Yemassee, South Carolina, Police Department
for the purchase of radios and in-car cameras.
COPS Interoperable Communications Technology Program.--The
Committee recommends $140,000,000 to continue the Office of
Community Oriented Policing Services [COPS] Interoperable
Communications Technology Program, being designed and
implemented by the COPS office, in consultation with the Office
of Science and Technology [OS&T] within the National Institute
of Justice, as well as the Bureau of Justice Assistance [BJA].
The Committee continues to seek to utilize the expertise of all
three organizations so as to create a grant program that is
highly responsive to the immediate needs of the State and local
law enforcement community and that takes full advantage of the
expertise and lessons learned from OS&T's and BJA's research
and development in the field of interoperable law enforcement
communications, particularly project AGILE.
This program should address the critical need of law
enforcement to improve cross-jurisdictional communication and
information sharing. The Committee directs the COPS office to
develop and submit to the Committees on Appropriations, no
later than 45 days after the implementation of this Act,
proposed guidelines for the program. Consistent with the COPS
office's existing grant programs, the COPS Interoperable
Communications Technology Program should include a 25 percent
local match requirement.
The Committee understands and supports the need for minimum
standards for law enforcement communications technology.
Therefore, OS&T should assist COPS in incorporating existing
minimum standards into the formulation of this grant program.
The Committee also provides, within available amounts,
$1,000,000 to be transferred to NIST to continue the efforts of
the Office of Law Enforcement Standards [OLES] regarding the
development of a comprehensive suite of minimum standards for
law enforcement communications.
Crime Identification Technology Act.--The Committee
recommends $36,626,000 to be used and distributed pursuant to
the Crime Identification Technology Act of 1998, Public Law
105-251, of which $10,000,000 is to be transferred to the NIJ
to develop technologies to improve school safety.
The Committee has provided $2,500,000 for the Alaska
Criminal Justice Information System to integrate Federal, State
and local criminal records along with social service and other
records. It expects the system design to include the capability
to provide background checks on potential child care workers
for child care providers and families with the permission of
the job applicant. The State should consult with the National
Instant Check System for technical expertise.
Within the overall amounts recommended, the OJP should
examine each of the following proposals, provide grants if
warranted, and submit a report to the Committees on its
intentions for each proposal:
--$1,000,000 for equipment for Fairleigh-Dickinson
University's, New Jersey, Computer Forensic Laboratory;
--$700,000 to Western Forensic Science and Law Enforcement
Training Center, Colorado;
--$300,000 for Orem City, Utah, Automatic Fingerprint
Identification System;
--$170,000 for the Case Management/Central Docketing System
in Kansas;
--$150,000 for the Coahoma County, Mississippi, Sheriff's
Department;
--$9,400,000 for the South Carolina Judicial Department to
continue purchasing equipment for the integration of
the case docket system into a state-of-the-art
comprehensive database to be shared between the court
system and law enforcement;
--$500,000 for the Minnesota Department of Public Safety's
CriMNet system;
--$1,000,000 for the establishment of a forensic DNA analysis
lab at North Dakota State University;
--$250,000 for Georgia State University to create an enhanced
capacity in urban communities to better understand
crime and to improve criminal justice and anti-crime
efforts through improved planning, assessment, and
evaluation of on-going and emerging crime problems;
--$2,000,000 for Oakland County, Michigan, to initiate an
Identification Based Information System [IBIS];
--$1,000,000 for the NEMESIS project in Saint Louis County,
Minnesota;
--$600,000 for the Orem City, Utah Consolidated Records
Management System;
--$3,000,000 for the South Carolina Law Enforcement Division
[SLED] to continue funding for necessary equipment for
SLED's criminal justice information system, to convert
existing databases and integrate systems for accurate
and rapid processing of information to support
identifications for criminal and civilian purposes;
--$56,000 for the Kansas Telephone-Toll Analysis System; and
--$4,000,000 for West Virginia University's Forensic
Identification Program.
DNA Backlog Elimination.--Within the amount provided,
$15,000,000 is available for Paul Coverdell Forensics Sciences
Improvement grants, including $316,000 to improve the Idaho
State Police's forensic capabilities.
Within the overall amounts recommended for the DNA Backlog
Elimination Programs, the OJP should examine each of the
following proposals, provide grants if warranted, and submit a
report to the Committees on its intentions for each proposal:
--$1,000,000 to Allegheny County, Pennsylvania, to improve
its forensic laboratories;
--$200,000 to Brown University in Providence, Rhode Island
for a nanotechnology study of DNA sequencing methods;
--$3,000,000 to the South Carolina Law Enforcement Division
for continued funding to support the growing State and
local law enforcement needs in the only full service
forensic laboratory in South Carolina;
--$1,000,000 to the University of Alabama at Birmingham's
Forensic Science Institute;
--$500,000 to establish a police science laboratory at
Holyoke Community College, Massachusetts;
--$1,000,000 for Honolulu, Hawaii, Police Department's Crime
Lab Improvements;
--$3,000,000 to Louisville, Kentucky, Regional Computer
Forensic Laboratory;
--$3,300,000 for Marshall University's Forensic Science
Program;
--$500,000 for medical examiner upgrades for the Jefferson
County, AL Medical Examiner's Office;
--$1,000,000 for the Mississippi Crime Lab to address
forensic backlog;
--$800,000 for the Ohio Attorney General's Office Crime
Laboratory System Improvement Project;
--$500,000 for the Regional Crime Lab at Missouri Southern
State College;
--$500,000 for forensics, crime scene collection, and drug
detection abilities upgrades at the Sandy City Utah
Crime Lab;
--$500,000 for planning, design, and equipment for the State
of Vermont Forensic Laboratory;
--$1,000,000 for Sam Houston State University to develop the
Texas Center for Forensic Sciences, with a primary
focus in the area of digital forensic science;
--$1,000,000 for Texas Tech University's Institute for
Forensic Sciences; and
--$250,000 for Washoe County, Nevada Sheriff's Department of
Forensics and DNA Analysis.
Improving Forensic Capabilities.--The National Institute of
Justice [NIJ], in conjunction with its own Office of Science &
Technology, the American Society of Crime Lab Directors, the
American Academy of Forensic Sciences, the International
Association for Identification, and the National Association of
Medical Examiners, is directed to develop a plan which will
address the needs of the crime lab and medical examiner
community beyond the ``DNA Initiative'' and report back to the
Committees on Appropriations no later than 180 days from the
date of enactment of this Act. The report should address the
following: (1) manpower and equipment needs, (2) continuing
education policies, (3) professionalism and accreditation
standards, and (4) the level of collaboration needed between
Federal forensic science labs and State/local forensic science
labs for the administration of justice.

COMMUNITY CRIME PREVENTION

Safe Schools Initiative.--The Committee recommends
$17,000,000 for programs aimed at preventing violence in public
schools, and to support the assignment of officers to work in
collaboration with schools and community-based organizations to
address the threat of terrorism, crime, disorder, gangs, and
drug activities.
Within the amount provided, the COPS office should examine
each of the following proposals, provide grants if warranted,
and submit a report to the Committees on its intentions for
each proposal:
--$750,000 for Alaska's Community in Schools Mentoring
Program;
--$1,000,000 for the New England Amer-I-Can Program;
--$1,700,000 for the University of Montana, Pathways to
Discovery Project, a community based after-school
program for at-risk youth;
--$1,000,000 for the University of Montana to facilitate a
statewide community-based curriculum development
initiative that promotes responsible behavior and
reduces youth violence in schools and communities;
--$250,000 for the Uhlich Children's Home, Illinois, to
support its school-based violence prevention,
mentoring, leadership, and training programs;
--$1,000,000 for the School Securities Technologies
Assistance Resource Center at Sandia National
Laboratories in New Mexico;
--$250,000 to the Sioux Falls School District, in Sioux
Falls, South Dakota for the Department of Corrections
to School Transition Project;
--$250,000 for the Rock Island County, IL Regional Office of
Education to implement the Step Ahead Program; and
--$1,500,000 to provide community-based, cost effective
alternative programs for juveniles who are, have been
or may be subject to compulsory care, supervision or
incarceration in public or private institutions in
several States including South Carolina.
Management and Administration.--Within the recommended
appropriation, the Committee provides $35,000,000 for
Management and Administration [M&A] of all COPS programs.
Committee concerns regarding the fiscal year 2004 request for
COPS M&A are expressed above. In addition, reimbursable
services provided by OJP will remain at the same level as the
previous year.

JUVENILE JUSTICE PROGRAMS

Appropriations, 2003.................................... $273,517,000
Budget estimate, 2004...................................................
House allowance......................................... 462,282,000
Committee recommendation................................ 232,330,000

The Committee recommends an appropriation of $232,330,000.
The recommendation is $232,330,000 above the budget request.
The Committee recommendations are displayed in the
following table:

JUVENILE JUSTICE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Formula Grants (Part B)................................ 100,000
Discretionary Grants (Part C).......................... 39,330
Youth Gangs (Part D)................................... 7,000
Discretionary Grants for State Challenge Activities 5,000
(Part E)..............................................
Juvenile Mentoring Program (JUMP) (Part G)............. 16,000
Big Brother/Big Sister............................. [6,000]
At Risk Children Program (Title V)..................... 50,000
Enforcing Underage Drinking Laws Program........... [25,000]
Victims of Child Abuse Act............................. 15,000
----------------
Total, Juvenile Justice.......................... 232,330
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan.
Within the amount provided for (Part B), the Committee
urges Governors and relevent State and local officials to
review the following proposals and provide grants if warranted:
A Child Is Missing Program in Rhode Island; After School
Program, YMCA of Greater Indianapolis; Alabama Community
Intensive Treatment Program; Azalea Road Park Program in North
Carolina; Beating the Odds Program of Pennsylvania; Boys and
Girls Home of Nebraska Juvenile Justice Programs; Words Can
Heal Program of Colorado; New York City High Risk Neighborhood
Delinquency Reduction Program; Disproportionate Minority Youth
Confinement Pilot of Michigan; California Law Enforcement
Internet Safety for Children; Champ Chicota Youth Mentoring
Program in Louisiana; Children Who Witness Violence Program,
Cleveland, Ohio; Children's Law Center of Maine; Community
Empowerment Association's ``Friend-2-Friend'' Mentoring Program
of Pennsylvania; Community Juvenile Justice Center of Montana;
Community Outreach to Low-Income Families, Main Street
Counseling of Orange, New Jersey; Comprehensive Child Abuse
Center of Virginia; Family First Foundation of Pennsylvania;
Iowa YMCA Rural Youth Mentoring Initiative; Juvenile Justice
Center at Suffolk University; Leadership Academy, Abbeville,
Alabama; Life Directions Peer Mentoring Partnership of Oregon;
National Fatherhood Initiative; Louisiana Youth Seminar; Marion
County, Oregon Juvenile Co-Occurring Disorders Pilot Project;
Maine KidsPeace Therapeutic Foster Care Offices; Milwaukee
Summer Stars; Kansas Temporary Lodging for Children Program;
Milwaukee Youth Empowerment Sites; North Carolina KidsPeace
Therapeutic Foster Care; Nevada Gang Database; New Mexico
Cooperative Extension After-School Program; Omaha Council
Bluffs Metropolitan YMCA; Our Club Program, Pulaski County,
Arkansas Council for Children and Youth Services; Program for
At Risk Youth, Greater Miami Tennis Foundation; Project Youth
Anti-Violence Education in Kansas; Relief Nursery Services to
Children of Incarcerated Parents in Oregon; River Rangers
After-School Program of Rhode Island; Safer Learning Center of
Illinois; SPEAK UP Hotline in New York; STOP the Violence--
Students Taking On Prevention of California; Teen Angels
program in New Jersey; The Restitution Earned, Accountability
Learned Program in Nevada; New York City Commercial Sexual
Exploitation of Children Program; Tuscaloosa YMCA At-Risk Youth
Program; University of Delaware's Center for Drug and Alcohol
Studies; Urban League of Eastern Massachusetts After-School
Program; Youth Shelter Project in Clatsop County, Oregon; and
Youth, Prepared for Success, New Jersey Council of Urban
Leagues.
Within the amounts provided for Part C discretionary grants
and all of the other funds provided under Juvenile Justice
programs, the Committee directs OJJDP to provide the following
grants:
--$2,000,000 for the Alaska Child Abuse Investigation
Program;
--$600,000 for the Alaska Children's Trust;
--$750,000 to the Alaska Mentoring Demonstration Project;
--$375,000 for the YMCA of Albuquerque, New Mexico, for
after-school programs for at-risk children;
--$150,000 for the City of Battle Creek, Michigan to
implement the Around the CLOCK program;
--$500,000 for the Birmingham Educational Technology Center;
--$3,000,000 for the Cal Ripken Sr. Foundation for youth
prevention programs aimed at leadership, teamwork, and
drug prevention;
--$100,000 to Chicano Awareness Center Teen Court Program,
Nebraska;
--$700,000 for Louisiana Children Advocacy Centers to assist
in child victim interrogation;
--$75,000 for the Children's Treatment Program in the Sioux
Falls Rape and Domestic Abuse Center;
--$100,000 for the City of Wrangell, Alaska, Youth Court;
--$1,000,000 for Court House, Inc. Youth Programs, Colorado;
--$475,000 for Covenant House New Jersey for its Rights of
Passage Program;
--$1,500,000 for the Crimes Against Children Research Center,
New Hampshire;
--$900,000 to the Wisconsin Families and Schools Together
[FAST] program;
--$500,000 to the Oglala Sioux Tribe in Pine Ridge, South
Dakota, for the Flowering Tree program;
--$2,000,000 to expand and replicate the Girl Scouts' Beyond
Bars and PAVE programs;
--$1,000,000 for the Girls and Boys Town USA National
Projects;
--$300,000 for the Iowa Child Advocacy Domestic Violence
Initiative;
--$5,000,000 for continuation and expansion of the Junior
Achievement program;
--$500,000 for the Juvenile and Offender Treatment and
Prevention Project in Tulsa County, Oklahoma;
--$400,000 for the juvenile fire setting prevention program;
--$423,000 for improvements to the Juvenile Justice
Information System in the State of Hawaii;
--$1,400,000 for the Las Vegas, Nevada, Family Development
Foundation;
--$750,000 for the Los Angeles, California, CLEAR Program;
--$500,000 for LOVE Social Services in Fairbanks, Alaska;
--$750,000 to the Low Country Children's Center in South
Carolina for continued support for a collaborative
effort among local organizations in Charleston that
provide full services to children who have been abused;
--$800,000 for Pennsylvania's Martin Luther King, Jr. Center
for Non-Violence to continue its Life Skills program
which enables students to work alongside business and
industry mentors;
--$1,900,000 for the National, Coordinated Law-Related
Education program;
--$425,000 for the New Mexico Police Athletic League to
implement a statewide Law Enforcement Health Program
that will deal with girls' health and domestic violence
issues;
--$60,000 for the Northern New Mexico Boys and Girls Club to
serve at-risk children in Taos County and Northern New
Mexico;
--$300,000 for the Ohio Attorney General's Office Amber
Alert/SORN Program;
--$100,000 to Omaha Boys and Girls Club Gang Prevention
Project;
--$300,000 for the Open Door Youth Gang Alternative;
--$250,000 to Opportunities Industrialization Centers of
America [OIC] for a program that works with adjudicated
youth and provides alternative sentencing and job
skills;
--$250,000 to Our Home, Inc. in Huron South Dakota for
programming and equipment at its Parkston, South Dakota
juvenile group care facility;
--$100,000 for the Grant Sawyer Center for Justice Studies at
the University of Nevada, Reno;
--$500,000 for the outdoor education and outreach program run
by the Daniel Webster Council of the Boy Scouts of
America;
--$250,000 to Prevent Child Abuse Vermont to test its child
abuse prevention model on a state-wide basis;
--$50,000 for operations at the Prevent Child Abuse New
Hampshire program;
--$150,000 for Rialto, California, Police Activities League
[PAL] Program;
--$827,000 for Iowa Rural Mentoring Program;
--$100,000 to the Rutland, Vermont, Area Prevention
Coalition;
--$900,000 for the Wisconsin Safe and Sound Program based in
Milwaukee, Wisconsin;
--$2,000,000 for the South Carolina Truancy and Dropout
Prevention Initiative;
--$245,000 to South Dakota Coalition for Children;
--$500,000 for the State of Wisconsin Office of Justice
Assistance to create a program that provides services
to children who witness adult domestic violence;
--$150,000 to support Project Blanket, a drug and alcohol
prevention program for juveniles in jail operated by
Strength Incorporated in Pittsburgh, Pennsylvania;
--$300,000 for the Teen Shelter Project in Alabama;
--$500,000 for the University of Southern Mississippi's
Family Network Partnership Program;
--$1,000,000 to Western Kentucky University Spotlight Youth;
--$1,000,000 for the Wynona Lipman Child Advocacy Center in
Newark, New Jersey;
--$125,000 for the Jefferson County, Colorado, Youth System
Improvement Initiative; and
--$500,000 for the Youth Violence Prevention Research Project
at the University of South Alabama.
Enforcing the Underage Drinking Laws Program.--Within the
funds provided in Title V, the Committee provides $25,000,000
for grants to assist States in enforcing underage drinking
laws. Within the program for underage drinking, OJP shall make
an award to the Alaska Federation of Natives to continue an
Underage Drinking Prevention Program in rural Alaska including
assessment and education, focusing on the children of
alcoholics.
Victims of Child Abuse Act.--The Committee recommends
$15,000,000 for the various programs authorized under the
Victims of Child Abuse Act [VOCA]. Within the funds provided,
$9,000,000 shall be for Regional Child Advocacy Centers
Programs.

PUBLIC SAFETY OFFICERS BENEFITS

Appropriations, 2003.................................... $53,028,000
Budget estimate, 2004................................... 49,054,000
House allowance......................................... 56,554,000
Committee recommendation................................ 56,554,000

The Committee recommends an appropriation of $56,554,000.
The recommendation is $7,500,000 above the budget request. The
recommendation provides all mandatory funding for death
benefits under the Public Safety Officers Benefits Program.
This program provides a lump-sum death benefit payment to
eligible survivors of Federal, State, and local public safety
officers whose death was the direct and proximate result of a
traumatic injury sustained in the line of duty. In addition,
$4,000,000 is provided to pay for disability benefits to public
safety officers who are permanently disabled in the line of
duty. Further, $3,500,000 is available for the program which
provides payments for education purposes to the dependents of
Federal, State, and local public safety officers who are killed
or permanently disabled in the line of duty.

General Provisions--Department of Justice

The Committee recommends the following general provisions:
Section 101 makes up to $5,500 of the funds appropriated to
the Department of Justice available for reception and
representation expenses.
Section 102 prohibits the use of funds in this title for
certain activities.
Section 103 prohibits the use of funds in this title for
certain activities that could be undertaken by individuals.
Section 104 requires female prisoners to be escorted when
off prison grounds.
Section 105 allows the Department of Justice to spend up to
$10,000,000 for rewards for information regarding acts of
terrorism against U.S. citizens or property at levels not to
exceed $2,000,000 per reward and makes payments available for a
judgment against the United States.
Section 106 allows the Department of Justice, subject to
the Committee's reprogramming procedures, to transfer up to 5
percent between appropriations, but limits to 10 percent the
amount that can be transferred into any one appropriation.
Section 107 allows the Attorney General to convey seized
property of limited or marginal value.
Section 108 sustains the Justice Department's grant making
capabilities.
Section 109 limits the funds available for certain law
enforcement activities.
Section 110 extends a demonstration project through
September 30, 2004.
Section 111 limits certain representation payments or
reimbursements.

TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

The Committee recommends a total of $6,369,146,000 for the
Office of the United States Trade Representative, the
International Trade Commission, and the Department of Commerce
for fiscal year 2004.

RELATED AGENCIES

Office of the United States Trade Representative

SALARIES AND EXPENSES

Appropriations, 2003.................................... $34,772,000
Supplemental appropriations, 2003....................... 3,300,000
Budget estimate, 2004................................... 36,994,000
House allowance......................................... 41,994,000
Committee recommendation................................ 36,994,000

The Committee recommends an appropriation of $36,994,000
for the Office of the United States Trade Representative
[USTR]. The recommendation is identical to the budget request.
The USTR is responsible for developing and coordinating
United States international trade, commodity, and direct
investment policy, and leading negotiations with other
countries on such matters. Its areas of responsibility include
all matters relating to the World Trade Organization, including
implementation of the Uruguay Round of multilateral trade
agreements; trade, commodity, and direct investment matters
dealt with by certain international institutions; industrial,
agricultural and services trade policy; and trade-related
intellectual property protection and environmental issues.
The foreign policy agenda of the United States is
increasingly dominated by economic interests rather than
political interests. This is due largely to the growth of the
global free market economy. However, it is also due, in part,
to the floundering of certain U.S. agencies that are charged
with representing those political interests. Regardless of the
cause, trade negotiations now represent the better part of the
United States' relations with other countries. The USTR has
become, and will remain for the foreseeable future, a dominant
force in American diplomacy. The recommendation acknowledges
this reality.
World Trade Organization [WTO].--The Committee is aware of
the WTO Appellate Body's January 16, 2003, ruling regarding the
Continued Dumping and Subsidy Offset Act. The Committee directs
the Office of the US Trade Representative, in consultation with
the Department of Commerce, to immediately initiate
negotiations within the World Trade Organization to seek
express recognition of the existing right of WTO Members to
distribute monies collected from antidumping and countervailing
duties. The agency shall consult with and provide regular
reports, every 60 days, to the Committee on negotiations.

International Trade Commission

SALARIES AND EXPENSES

Appropriations, 2003.................................... $53,649,000
Budget estimate, 2004................................... 58,295,000
House allowance......................................... 57,000,000
Committee recommendation................................ 58,295,000

The Committee recommends an appropriation of $58,295,000.
The recommendation is identical to the budget request.
The International Trade Commission [ITC] is an independent,
quasi-judicial agency responsible for conducting trade-related
investigations, providing Congress and the President with
independent technical advice relating to United States
international trade policy, and performing other statutory
responsibilities such as quasi-judicial determinations on trade
matters filed with the Commission.
The Committee lauds the Commission on its IT program,
specifically its long range approach to an advanced electronic
filing system [EDIS II]. The Committee understands the critical
need for, and potential cost savings of, this program and
believes the ITC is working on a logical approach to this
issue. The Committee expects the ITC to place greater emphasis
on this effort and submit quarterly reports to the Committees
on Appropriations on the status of the EDIS II project,
beginning on March 31, 2004.
An area of significant concern for the Commission is the
statutory requirement for a balanced financial statement. The
Committee expects the Commission to continue its best efforts
to comply with the current statute and produce a balanced
financial statement.

DEPARTMENT OF COMMERCE

International Trade Administration

OPERATIONS AND ADMINISTRATION

Appropriations, 2003.................................... $359,838,000
Budget estimate, 2004................................... 382,123,000
House allowance......................................... 395,123,000
Committee recommendation................................ 372,053,000

The Committee recommends an appropriation of $372,053,000.
The recommendation is $10,070,000 below the budget request. The
recommendation anticipates $3,000,000 in fees, not $13,000,000,
as proposed in the budget request.
The Committee recommendations, by function, are displayed
in the following table:

ITA FUNDING
[In thousands of dollars]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Trade development...................................... 69,000
Market access and compliance........................... 32,178
Import Administration.................................. 46,636
U.S. and Foreign Commercial Service.................... 202,040
Administration/Executive Direction..................... 25,199
Offsetting Fee Collections............................. (3,000)
----------------
Total ITA........................................ 372,053
------------------------------------------------------------------------

Trade Development.--The Committee recommends an
appropriation of $69,000,000 for Trade Development. The
recommendation includes $10,000,000 for the National Textile
Center, $3,000,000 for the Textile/Clothing Technology
Corporation, $1,000,000 for the Kansas World Trade Center, and
$500,000 for the International Trade Processing Center.
Market Access and Compliance.--The Committee recommends an
appropriation of $32,178,000 for Market Access and Compliance.
The Committee directs the Office of Market Access and
Compliance to continue with their compliance efforts and
recommends $30,178,000 within available funds for this purpose.
The Committee recommends $2,000,000 within available funds
for ITA to continue to place and maintain support for
compliance officers in China, Japan, and the European Union,
and other key markets so that they can detect and swiftly
address compliance problems U.S. companies face in these
markets.
Import Administration.--The Committee recommends an
appropriation of $46,636,000. The recommendation includes
$2,000,000 for the Import Administration to continue to place
and maintain overseas enforcement officers, and to monitor
compliance with the World Trade Organization and other
international commitments on antidumping and subsidies.
The Committee recommendation includes $4,500,000 for the
Import Administration to monitor import data and customs flows
for surges in key markets and sectors, such as steel and
lumber, and take immediate action when such surges are
detected. Such action should include using resources to
expedite unfair trade cases so United States-based companies
can receive relief at the earliest possible date. In addition,
the Import Administration must vigorously monitor foreign
subsidies so that action can be taken if the subsidies violate
trade agreements.
United States and Foreign Commercial Service [US&FCS].--The
Committee recommends an appropriation of $202,040,000.
The Committee supports the Commercial Service's work on the
Appalachian-Turkish Trade Project, a project to promote
opportunities to expand trade, encourage business interests,
stimulate foreign studies, and build a lasting and mutually
meaningful relationship between the Appalachian States and the
Republic of Turkey, as well as the neighboring regions, such as
Greece. The Committee expects the Commercial Service to support
the project.
The Committee is aware of the Commercial Service's concern
regarding the State Department's proposal for the Capital
Security Cost-Sharing Program. The Committee directs the
Department of Commerce to budget accordingly for this added
cost in fiscal year 2005.
Administration and Executive Direction.--The Committee
recommends an appropriation of $25,199,000.
Any changes to the funding levels provided for in this bill
and report, including carryover balances, are subject to the
standard reprogramming procedures set forth in section 605 of
this Act.
World Trade Organization.--The Committee is aware of the
WTO Appellate Body's January 16, 2003, ruling regarding the
Continued Dumping and Subsidy Offset Act. The Committee directs
the Office of the U.S. Trade Representative, in consultation
with the Department of Commerce, to immediately initiate
negotiations within the World Trade Organization to seek
express recognition of the existing right of WTO Members to
distribute monies collected from antidumping and countervailing
duties. The agency shall consult with and provide regular
reports, every 60 days, to the Committee on negotiations.

Bureau of Industry and Security

Appropriations, 2003.................................... $66,291,000
Budget estimate, 2004................................... 78,169,000
House allowance......................................... 68,203,000
Committee recommendation................................ 73,060,000

The Committee recommends an appropriation of $73,060,000.
The recommendation is $5,109,000 below the budget request.
The Bureau of Industry and Security [BIS] is the principal
agency involved in the development, implementation, and
enforcement of export controls for dual-use technologies. The
Export Enforcement Division detects, prevents, investigates,
and assists in the sanctioning of illegal dual-use exports.
Within the amount provided under this heading, $33,153,000
is for export administration, $33,386,000 is for export
enforcement, and $6,521,000 is for management and policy
coordination.
The Committee is aware that $4,675,000 in prior-year
unobligated balances was available to the BIS in fiscal year
2003. The BIS has assumed these funds to be part of its
``base'' operating budget for fiscal year 2004. The Committee
does not concur with this budgetary maneuver, particularly
because the carryover is due to a decrease in the number of
chemical weapons inspections, which will decrease further yet
in fiscal year 2004. The Committee regards this funding as an
unexplained increase and does not include it in the
recommendation. The recommendation also does not include the
$434,000 requested by BIS to restore the .65 percent across-
the-board rescission applied to the fiscal year 2003 Omnibus
Appropriations Act, as is consistent with the Committee's
recommendations for all other accounts funded under this Act.

Economic Development Administration

Appropriations, 2003.................................... $318,680,000
Budget estimate, 2004................................... 364,404,000
House allowance......................................... 318,680,000
Committee recommendation................................ 387,680,000

The Committee recommends an appropriation of $387,680,000.
The recommendation is $23,276,000 above the budget request.
The Economic Development Administration [EDA] provides
grants to local governments and nonprofit agencies for public
works, planning, and other projects designed to facilitate
economic development. Funding amounts for the two
appropriations accounts under this heading are displayed below.

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

Appropriations, 2003.................................... $288,115,000
Budget estimate, 2004................................... 331,027,000
House allowance......................................... 288,115,000
Committee recommendation................................ 357,115,000

The Committee recommends an appropriation of $357,115,000.
The recommendation is $26,088,000 above the budget request.
The Committee recommendation provides funding of
$272,115,000 for public works grants (title I), $24,000,000 for
planning assistance, $10,500,000 for trade adjustment
assistance, $40,900,000 for economic adjustment grants (title
IX), $9,100,000 for technical assistance, and $500,000 for
research.
The Committee is aware of several proposals for economic
development or adjustment assistance and strongly urges EDA to
consider applications for the following proposals within
applicable procedures and guidelines and provide a grant, if
warranted: the Center for Advanced Vehicular Systems, Dallas,
Texas Alternative Zone to Commerce, the University of Southern
Mississippi Manufacturing Improvements for Shipbuilding
Project, the Mississippi Technology Alliance, the Boise State
Technology & Entrepreneurial Center (TECenter), the University
of Southern Mississippi National Center for Excellence in
Economic Development and Entrepreneurship, the Economic
Development Resource Office at Montana Tech, the Idaho U.
extension program for e-commerce, the Montana State University-
Northern Applied Technology Center, the Minnesota Westside
Intercept project, the Southwest Area Career Center, the
University of Missouri St. Louis Information Technology
Business Incubator, the Downtown Denver Railyard Redevelopment
Project, the Natural Resources Research Institute's Taconite
Demonstration Project, the Presque Isle Industrial Council, the
River Valley Growth Council Insulated Housing Project, the
University of Northern Iowa Alliance for International Business
Development and Education, the Rural Northeast Oklahoma
Economic and Business Development Program, the New Product
Development and Commercialization Center for Rural
Manufacturers, the Elmore County Development Authority, the
Central Alabama Community College Entrepreneurial Center, the
expansion and upgrade of the ship repair facility in Seward,
Alaska, the Manufacturing Training and Technology Center at the
University of New Mexico, and the Harney County, Oregon
Business Incubator Startup.
The Committee expects EDA to continue its efforts to assist
communities impacted by economic dislocations relating to
industry downswings as well as to assist communities impacted
by downturns due to environmental concerns. This includes the
timber, steel, and coal industries, United States-Canadian
trade-related issues, communities in New England, the mid-
Atlantic, Hawaii, and Alaska impacted by fisheries regulations,
and communities in the Southeast impacted by downturns due to
the North American Free Trade Agreement [NAFTA].
For several years the Committee has directed EDA to focus
on communities in the Southeast that have been impacted by
economic downturns resulting from the implementation of NAFTA.
The Assistant Secretary shall report to the Committees on
Appropriations by July 1, 2004 on the efforts to date EDA has
put forth toward the impacted communities and the successes of
those efforts.
The Committee urges the EDA to consider whether the
creation of the position of an EDA representative for Nevada is
warranted.

SALARIES AND EXPENSES

Appropriations, 2003.................................... $30,565,000
Budget estimate, 2004................................... 33,377,000
House allowance......................................... 30,565,000
Committee recommendation................................ 30,565,000

The Committee recommends an appropriation of $30,565,000.
The recommendation is $2,812,000 below the budget request.

Minority Business Development Agency

MINORITY BUSINESS DEVELOPMENT

Appropriations, 2003.................................... $28,718,000
Budget estimate, 2004................................... 29,487,000
House allowance......................................... 29,000,000
Committee recommendation................................ 28,718,000

The Committee recommends an appropriation of $28,718,000.
The recommendation is $769,000 below the budget request.
The Committee is aware that the Office of Native American
Business Development has not established all of the Native
American Business Centers in their organization plan. The
Committee urges the Agency to establish all of the centers as
outlined in their plan as soon as possible.

Economic and Statistical Analysis

SALARIES AND EXPENSES

Appropriations, 2003.................................... $62,515,000
Budget estimate, 2004................................... 84,756,000
House allowance......................................... 75,000,000
Committee recommendation................................ 84,756,000

The Committee recommends an appropriation of $84,756,000.
The recommendation is identical to the the budget request. The
recommendation represents a 35.6 percent increase over the
fiscal year enacted 2003 level. The fiscal year 2003
appropriation for Economics and Statistical Analysis [ESA]
represented a 15 percent increase above the prior fiscal year.
The Committee has supported such large increases for this
account in recognition of the fact that relevant, accurate, and
timely economic measures are more important now than ever
before. The health of the United States' economy is
inextricably linked to our national security.
The 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 developing economic policy. The Bureau
of Economic Analysis [BEA] and the Under Secretary for Economic
Affairs are funded in this account.
The Committee recommends $78,292,000 for BEA and $6,464,000
for program support, as requested. The recommendation will
allow the BEA to improve the accuracy of its reports by
replacing extrapolated data with real-time monthly data from
retail outlets. This will provide data users more current
economic measures to make better informed business, monetary,
and fiscal decisions. In addition, the recommendation will
allow the BEA to conduct quarterly surveys to gather more
frequent and comprehensive data for the Nation's largest and
most volatile industries. The Committee acknowledges that the
BEA needs to accomplish these new initiatives in order to
remain adaptive to the dynamic United States economy.

Bureau of the Census

Appropriations, 2003.................................... $550,878,000
Budget estimate, 2004................................... 661,961,000
House allowance......................................... 661,961,000
Committee recommendation................................ 550,878,000

The Committee recommends an appropriation of $550,878,000.
The recommendation is $111,083,000 below the budget request.
The Committee's recommendations for the Census Bureau accounts
are described in more detail in the following paragraphs.

SALARIES AND EXPENSES

Appropriations, 2003.................................... $181,811,000
Budget estimate, 2004................................... 220,908,000
House allowance......................................... 220,908,000
Committee recommendation................................ 181,811,000

The Committee recommends an appropriation of $181,811,000.
The recommendation is $39,097,000 below the budget request.
This account provides for the salaries and expenses associated
with the statistical programs of the Bureau of the Census,
including measurement of the Nation's economy and the
demographic characteristics of the population. These programs
are intended to provide a broad base of economic, demographic,
and social information used for decision-making by governments,
private organizations, and individuals.
The Committee has provided funding for the key programs of
the Census Bureau. The Committee is particularly concerned that
key reports on manufacturing and general economic and foreign
trade statistics are maintained and issued on a timely basis.
The Committee recommendation includes an increase of
$3,300,000 for the Electronic Government (``E-Government'')
initiative. This initiative responds to business demands for E-
Government services by permitting businesses to file
electronically in any one of 100 surveys. This program will
provide necessary new tools for collecting data and improving
data quality.
The Committee requests that the Bureau provide the
Committees on Appropriations a report on the reimbursements it
has received for work requested by other Federal agencies or
private organizations. The report should be provided no later
than May 1, 2004.

PERIODIC CENSUSES AND PROGRAMS

Appropriations, 2003.................................... $369,067,000
Budget estimate, 2004................................... 441,053,000
House allowance......................................... 441,053,000
Committee recommendation................................ 369,067,000

The Committee recommends an appropriation of $369,067,000.
The recommendation is $71,986,000 below the budget request. The
Committee is aware that the Census Bureau will also have
available to it approximately $12,163,000 in recoveries of
prior year obligations.
This account provides for the constitutionally mandated
decennial census, quinquennial censuses, and other programs
which are cyclical in nature. Additionally, individual surveys
are conducted for other Federal agencies on a reimbursable
basis.
The Committee recommends $215,476,000 for the 2010
Decennial Census under the Demographic Statistics Program.
For other programs under this account, the Committee
recommends the following:

PERIODIC CENSUSES AND PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Economic census............................................ 61,258
Census of governments...................................... 6,000
Intercensal demographics estimates......................... 9,000
Electronic information collection.......................... 6,541
Geographic support......................................... 39,792
Data processing system..................................... 31,000
------------------------------------------------------------------------

National Telecommunications and Information Administration

Appropriations, 2003.................................... $73,279,000
Budget estimate, 2004................................... 21,407,000
House allowance......................................... 32,544,000
Committee recommendation................................ 85,542,000

The Committee recommends an appropriation of $85,542,000.
The Committee recommendation is $64,135,000 above the budget
request.

SALARIES AND EXPENSES

Appropriations, 2003.................................... $14,604,000
Budget estimate, 2004................................... 18,869,000
House allowance......................................... 14,604,000
Committee recommendation................................ 15,042,000

The Committee recommends an appropriation of $15,042,000.
The recommendation is $3,827,000 below the budget request. The
Department has requested a 29 percent increase over the fiscal
year 2003 enacted level for this account. Such an increase is
unwarranted, given the fact that the budget request seeks to
discontinue the Public Telecommunications Facilities Planning
and Construction [PTFPC] grant program, which, until fiscal
year 2004, represented nearly 60 percent of the National
Telecommunications and Information Administration [NTIA]
budget. The recommendation does not include an increase for
salaries and expenses of NTIA because of the large reduction to
PTFPC.
The Committee retains language from previous years allowing
the Secretary of Commerce to collect reimbursements from other
Federal agencies for a portion of the cost of coordination of
spectrum management, analysis, and operations. The Committee
directs the NTIA to leverage these funds to establish a
paperless system for spectrum issue resolution, certification,
satellite coordination, and frequency authorization.

PUBLIC BROADCASTING FACILITIES, PLANNING, AND CONSTRUCTION

Appropriations, 2003.................................... $43,273,000
Budget estimate, 2004................................... 2,538,000
House allowance......................................... 2,538,000
Committee recommendation................................ 55,000,000

The Committee recommends an appropriation of $55,000,000.
The recommendation is $52,462,000 above the budget request. The
Public Telecommunications Facilities Planning and Construction
[PTFPC] program awards competitive grants that help public
broadcasting stations, State and local governments, Indian
tribes, and nonprofit organizations construct facilities to
bring educational and cultural programming to the American
public using broadcasting and non-broadcasting
telecommunications technologies. The primary focus of the PTFPC
program has been assisting public broadcasters in making the
transition from analog to digital broadcasting.

TECHNOLOGY OPPORTUNITIES PROGRAM

Appropriations, 2003.................................... $15,402,000
Budget estimate, 2004...................................................
House allowance......................................... 15,402,000
Committee recommendation................................ 15,500,000

The Committee recommends an appropriation of $15,500,000.
The recommendation is $15,500,000 above the budget request. The
Committee directs the NTIA to limit eligibility for this
program.
For the last 2 fiscal years, the Administration has slated
the Technology Opportunities Program [TOP] for elimination. The
reason for the elimination, according to the Department, is
that the program has fulfilled its mission. However, there are
great numbers of Americans that could benefit from the TOP
program. The Committee therefore recommends continued funding
for this program.
The Committee is aware of several proposals for information
infrastructure grants and strongly urges NTIA to consider
applications for the following proposals within applicable
procedures and guidelines and to provide a grant, if warranted,
to: (1) the Lawson State Community College Information
Technology Training and Placement Center, (2) the Eastern New
Mexico University Communications Center, (3) the American
Indian Higher Education Consortium's Indians into Technology
Program, and (4) Southern Louisiana University for an E-
government initiative.
The Regional Information Sharing System [RISS] program
under the Department of Justice provides technology support
funding for law enforcement entities. The Committee
recommendation therefore prohibits law enforcement entities
eligible to receive funding under the RISS program from
applying for TOP funds. The Committee expects NTIA to give
preference to applications from consortia for which no other
funding source exists.

Patent and Trademark Office

SALARIES AND EXPENSES

Appropriations, 2003.................................... $1,182,000,000
Budget estimate, 2004................................... 1,395,055,000
House allowance......................................... 1,138,700,000
Committee recommendation................................ 1,217,460,000

The Committee recommends total budgetary resources of
$1,217,460,000. The recommendation is $177,595,000 below the
budget request.
The United States Patent and Trademark Office [USPTO] is
charged with administering the patent and trademark laws of the
United States. USPTO examines patent applications, grants
patent protection for qualified inventions, and disseminates
technological information disclosed in patents. USPTO also
examines trademark applications and provides Federal
registration to owners of qualified trademarks. The USPTO is
subject to the policy direction of the Secretary of Commerce,
but the agency has independent control of its budget,
expenditures, personnel, procurement and other administrative
and management functions. Patent laws administered by the USPTO
encourage invention, innovation, and investment. The USPTO
plays a critical role in promoting the continued development of
intellectual property in this country. For established
companies, new patents improve competitiveness, increase
productivity, help bring new products and services to market,
and create jobs.
In fiscal year 2002, the Committee directed the USPTO to
develop a 5-Year Strategic Plan. There is currently legislation
pending in the Senate and House of Representatives that would
make available to the USPTO additional resources to implement
the Strategic Plan. This legislation proposes a fee
restructuring that would result in an additional $192,000,000
for the USPTO in fiscal year 2004. The USPTO maintains that
these additional funds are critical to its achievement of the
objectives outlined in the Strategic Plan, namely, to enhance
the quality of patent and trademark examining, continue with E-
government initiatives, redirect patent examiner expertise back
to the core government function of examination, expand
bilateral and multilateral agreements to strengthen
intellectual property rights globally and reduce duplication of
effort among intellectual property offices, and begin reducing
pendency. The Committee vigorously supports the USPTO's efforts
to attain these objectives, but questions the assumption that
past failure to attain these objectives was the result of
inadequate funding and that future ability to attain these
objectives is dependent upon the hiring of hundreds, if not
thousands, of additional personnel. In particular, the
Committee is aware of technologies that would greatly improve
the quality of patent examinations at very low cost.
Because the legislation has not been enacted, the USPTO
does not yet have the authority to increase its fees. The
fiscal year 2004 request for the USPTO, which assumes the fee
increase, is therefore artificially high. While the Committee
supports the objectives of the Strategic Plan, the Committee's
302(b) allocation will not allow it to absorb the difference
between funding requested and funding available. Until the
legislation and the fee increase are enacted into law, the
Committee expects USPTO to immediately begin implementing the
programs and achieving the objectives of the Strategic Plan
within current funding levels.
Any deviations from the funding distribution provided for
in this Act and in its accompanying statement, including
carryover, are subject to the standard reprogramming procedures
set forth in section 605 of this Act.

Technology Administration

UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY

SALARIES AND EXPENSES

Appropriations, 2003.................................... $9,822,000
Budget estimate, 2004................................... 8,015,000
House allowance......................................... 7,822,000
Committee recommendation................................................

The Committee does not recommend an appropriation for the
Technology Administration. The recommendation is $8,015,000
below the budget request. Instead, the Committee recommendation
redistributes the functions under this heading to other
organizations within this title.

National Institute of Standards and Technology

Appropriations, 2003.................................... $707,505,000
Budget estimate, 2004................................... 496,818,000
House allowance......................................... 460,059,000
Committee recommendation................................ 835,228,000

The Committee recommends an appropriation of $835,228,000.
The recommendation is $338,410,000 above the budget request.
The recommendation provides that up to $7,772,000 may be
transferred from the Scientific and Technical Research and
Services account to the working capital fund, which the
National Institute of Standards and Technology [NIST] uses to
purchase equipment for its laboratories.
NIST is directed to consult with the Committees on
Appropriations before proceeding with further implementation of
competitive outsourcing.
A description of each NIST account and the corresponding
Committee recommendation follows:

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

Appropriations, 2003.................................... $357,075,000
Budget estimate, 2004................................... 379,849,000
House allowance......................................... 357,862,000
Committee recommendation................................ 383,375,000

The Committee recommends an appropriation of $383,375,000.
The recommendation is $3,526,000 above the budget request. The
recommendation assumes $1,000,000 in prior year unobligated
balances, bringing the total amount available for this account
to $384,375,000. The fiscal year 2003 enacted levels were not
available at the time the fiscal year 2004 budget request was
developed. Consequently, the fiscal year 2004 budget request,
as presented, has no basis. The recommendation provides the
maximum funding deemed prudent for this account.
The Committee's recommendations are displayed in the
following table:

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Electronics and Electrical Engineering.................. 50,114
Manufacturing Engineering............................... 23,034
Chemical Science and Technology......................... 44,077
Physics................................................. 51,725
Material Science and Engineering........................ 59,865
Building and Fire Research.............................. 24,456
Computer Science and Applied Mathematics................ 56,732
Technology Assistance................................... 18,458
National Quality Program................................ 6,207
Research Support Activities............................. 49,707
---------------
Total, STRS....................................... 384,375
------------------------------------------------------------------------

Within the funds made available for Electronics and
Electrical Engineering, $4,000,000 is for the Office of Law
Enforcement Standards, $1,500,000 is for the For Inspiration
and Recognition of Science and Technology [FIRST] Program, and
$500,000 is for the Boston Museum of Science and FIRST to
develop a joint engineering exhibition. Within the funds made
available for Manufacturing Engineering, $1,000,000 is for a
spreadsheet engineering initiative at the Tuck School of
Business. Within the funds made available for Chemical Science
and Technology, $1,000,000 is to restore reductions in
environmental measurements at the Hollings Marine Laboratory.
Within the funds made available for Building and Fire Research,
$600,000 is for a school safety and preparedness project at the
National Infrastructure Institute and $4,000,000 is for NIST to
continue its investigation into the World Trade Center
collapse, as requested. Within the funds made available for the
National Quality Program/Malcolm Baldrige National Quality
Award, $600,000 is for the National Medal of Technology
Program. Within the funds made available for Research Support
Activities, $5,100,000 is for maintenance and operation costs
and $5,500,000 is for equipment costs associated with the
Advanced Measurement Laboratory. The Committee directs that no
funds be used for FAIR Act studies in support of the A-76
contracting process.

INDUSTRIAL TECHNOLOGY SERVICES

Appropriations, 2003.................................... $284,760,000
Budget estimate, 2004................................... 39,607,000
House allowance......................................... 39,607,000
Committee recommendation................................ 369,223,000

The Committee recommends an appropriation of $369,223,000.
The recommendation is $329,616,000 above the budget request.
Manufacturing Extension Partnership Program [MEP].--The
Committee recommends an appropriation of $106,623,000 to fully
fund all of the MEP centers. The recommendation is $94,023,000
above the request.
Advanced Technology Program [ATP].--The Committee
recommends an appropriation of $259,600,000. The recommendation
is $206,993,000 above the request. This amount, when combined
with approximately $8,283,000 in carryover, will fully fund ATP
awards and provide $50,000,000 for the creation of focused
competitions for technologies relating to homeland security.
Within the amounts made available for ATP, $46,833,000 shall be
used for administrative costs, internal laboratory support, and
for Small Business Innovation Research Program requirements.
The National Institute of Standards and Technology may not
apply a contracts and grants processing surcharge to the ATP
program.
Homeland Security Competition.--The Committee is aware of
the critical need to support research and development [R&D]
into new technologies to combat terrorism. The mission of ATP--
to provide an early-stage investment for the development of
innovative technologies that promise both commercial and
security benefits for the Nation--is ideally suited to help
meet this need. There is a precedent within the ATP program for
funding R&D for homeland security technologies. The ``Gene
Chip'', for example, has enabled the creation of a less
expensive and more portable means of detecting chemical and
biological weapons. The Committee is aware that there are large
government-wide funding increases in fiscal year 2004 for R&D
into new technologies to combat terrorism. However, it is not
clear yet how agencies responsible for homeland security will
select and vet projects. ATP has a proven record of tapping the
most promising technologies, and overseeing their rapid
development and eventual commercialization. ATP awards are made
on the basis of rigorous peer-reviewed competitions and include
input from the National Academy of Engineering. Grant proposals
are evaluated by one of several technology-specific boards
staffed by experts. The recommendation therefore includes
$50,000,000 for dedicated, thematic competitions for emerging
homeland security technologies. The Department of Commerce is
directed to report to the Committee on its plan for the
initiation of these competitions within 60 days of enactment of
this Act.
Technology Program Consolidation.--The Committee recommends
the transfer of the Office of Technology Competitiveness and
the Office of Manufacturing Competitiveness from the Office of
the Under Secretary for Technology to the National Institute of
Standards and Technology's Industrial Technology Services. The
recommendation includes $3,000,000 for the ongoing activities
of these two offices.

CONSTRUCTION OF RESEARCH FACILITIES

Appropriations, 2003.................................... $65,670,000
Budget estimate, 2004................................... 69,590,000
House allowance......................................... 62,590,000
Committee recommendation................................ 84,630,000

The Committee recommends an appropriation of $84,630,000.
The recommendation is $15,040,000 above the budget request and
fully funds the highest priority safety, capacity, maintenance,
and repair projects at NIST. Of the amounts provided,
$28,770,000 is for central utility plant and primary electrical
upgrades at NIST's Boulder, Colorado laboratory, $5,000,000 is
for expenses relating to the relocation and equipping of NIST's
Advanced Measurement Laboratory [AML] in Gaithersburg,
Maryland, $3,360,000 is for the renovation of Building 220 on
the Gaithersburg campus, and $24,000,000 is for safety,
capacity, maintenance, and major repairs.
The Committee has been supportive of NIST's requests for
additional resources to improve its aging infrastructure. With
the AML nearing completion, NIST must now address its remaining
facility needs. In 1998, NIST published the Facilities
Improvement Plan. However, much has changed since this document
was prepared. The Committee therefore directs that NIST update
its Facilities Improvement Plan prior to the obligation of any
funds provided under this account. This plan should detail
NIST's short-term and long-term priorities, provide current
cost estimates, and timelines for completion. Additionally, the
updated facilities plan should address how the facility
improvements correspond with NIST's strategic planning. The
updated plan will guide the replacement, renovation, and repair
of the Institute's buildings so that NIST can continue to
provide U.S. industry and science with the best possible
measurement system.

National Oceanic and Atmospheric Administration

(INCLUDING TRANSFERS OF FUNDS)

Appropriations, 2003.................................... $3,187,723,000
Budget estimate, 2004................................... 3,338,889,000
House allowance......................................... 3,219,764,000
Committee recommendation................................ 3,779,392,000

The Committee recommends an appropriation of $3,779,392,000
for National Oceanic and Atmospheric Administration [NOAA].
Transfers total $52,000,000. The recommendation is $440,503,000
above the budget request. During this time of continued
budgetary constraint, the Committee recommendation continues to
make funding for ocean, coastal, fisheries, and atmospheric
programs a high priority.
As in past years, the Committee expects NOAA and the
Department to adhere to the direction given in this section of
the Committee report, particularly language regarding
consultation with Congress, and to observe the reprogramming
procedures detailed in section 605 in the general provisions of
the accompanying bill. Unlike past years, however, the
Committee intends to enforce congressional direction
ruthlessly.
Fisheries in Distress.--In the past few years, the
Committee has been showered with requests for emergency relief
for devastated fisheries from the Bay of Fundy to the Bering
Sea. The causes for the collapse of fisheries are many and
varied. The one consistency is that no region of the country is
unaffected. It is no exaggeration to say that the fate of a
multi-billion dollar industry that puts food on many a table
hangs in the balance. NOAA, increasingly entangled in
litigation, has lost control of the situation. The Committee's
response has been ad hoc and reactive, little better than a
band aid on a gaping wound. It can only be hoped that the Pew
and Ocean Commission reports will prove the call to arms that
they are intended to be. In the meantime, the Committee expects
to join the National Marine Fisheries Service in a major
exploration of the causes of collapse, current and future
management activities and options, and the likelihood of
sustainable recovery.

OPERATIONS, RESEARCH, AND FACILITIES

Appropriations, 2003.................................... $2,298,481,000
Budget estimate, 2004................................... 2,392,300,000
House allowance......................................... 2,180,454,000
Committee recommendation................................ 2,696,520,000

The Committee recommends an appropriation of
$2,696,520,000. The recommendation is $304,220,000 above the
budget request. Committee recommendations for specific line
offices are displayed in the following table:

NOAA OPERATIONS, RESEARCH, AND FACILITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
National Ocean Service................................ 508,619
National Marine Fisheries Service..................... 672,452
Oceanic and Atmospheric Research...................... 394,470
National Weather Service.............................. 696,857
National Environmental Satellite and Data Information 148,840
Services.............................................
Program Support....................................... 327,282
-----------------
Total Operations, Research, and Facilities 2,748,520
(including transfers)..........................
------------------------------------------------------------------------

The Committee recommendations are discussed in more detail
below.
Pacific Salmon Funding.--The Committee remains concerned
that it lacks assurances that funding provided for Pacific
Salmon will contribute to the recovery of species listed under
the Endangered Species Act [ESA]. The Committee has continually
noted that the Secretary could potentially face severe adverse
legal consequences for failure to make progress under the ESA,
and that just providing funding for habitat restoration was not
enough. For a plan to have at least a modicum of certainty of
success, it must address the ``four H's''--habitat, hatcheries,
hydropower, and harvest--and section 6 agreements that would
set forth commitments by the Secretary, States, Treaty Tribes,
and other relevant entities. Unfortunately, the Committee's
warnings have been underscored by the recent district court
decision finding that the Secretary's Pacific salmon recovery
plans for the Columbia River, which rely solely upon off-site
habitat and hatchery programs--only two of the ``four H's''
that play a part in salmon recovery--did not provide any
certainty of success. In concluding NOAA failed to comply with
the ESA, the court specifically noted ``the absence in the
record of any binding commitments by the States, Treaty Tribes,
and private parties to fund or implement the responsibilities
devolved upon them by NOAA as well as the lack of certainty as
to the range-wide off-site mitigation actions.'' The Committee
takes this caution seriously. Consequently, the Committee
directs the National Marine Fisheries Service [NMFS]
Administrator to provide no funding for any recovery program
for ESA-listed salmon unless that program can be shown to be
part of an effort to address the ``four H's'' and section 6
agreements. The Committee directs the NMFS Administrator to
report to the Committees on Appropriations on each proposal for
which funding is provided detailing what steps the proposal
includes addressing habitat, hatcheries, hydropower, and
harvest issues relating to the recovery of the stock for which
the proposal has been submitted.
In addition, the Committee continues to note the lack of
accountability and performance standards for resources
distributed to restore endangered and threatened salmon through
the Pacific Coastal Salmon Recovery Fund. The ESA imposes
substantial legal obligations on the Secretary of Commerce with
regard to the not less than twenty-six runs of Pacific salmon
listed as endangered. As noted above, failure to make progress
toward recovery under the ESA poses adverse legal consequences
for NOAA. Further, the ``Executive Report for the Washington
Comprehensive Monitoring Strategy and Action Plan for Watershed
Health and Salmon Recovery'' states that current monitoring
activities are not comprehensive and are lacking in nearly
every category. In light of the considerable funds that have
been provided to date for salmon recovery, it is unacceptable
that no mechanism yet exists for providing assurances that the
stocks are, in fact, recovering. The Executive Report also
noted that validation monitoring is the only type of monitoring
that can establish ``cause and effect'' relationships between
fish, habitat, water quality, water quantity, and management
actions. The Committee directs that 2 percent of the funding
provided through the Pacific Coastal Salmon Recovery Fund shall
be used for validation monitoring. The Committee directs NOAA
to provide an annual report to the Committee no later than
March 30 of each year on the projects funded through the
Pacific Salmon Recovery Fund and the results of the validation
monitoring for funded projects.

NATIONAL OCEAN SERVICE

The Committee recommends an appropriation of $508,619,000
for the National Ocean Service [NOS]. Committee recommendations
are displayed in the following table:

NATIONAL OCEAN SERVICE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
NOS Operations--Salaries and Expenses................. 150,051
=================
Navigation Services:
Mapping & Charting:
Coastal Mapping:
Coastal Mapping........................... 535
MS/LA Digital Coast....................... 2,000
Shoreline Mapping......................... 7,465
Chesapeake Bay........................ 2,000
Hydrographic Surveys:
Address Survey Backlog/Contracts.......... 24,300
EEZ Outer Continental Shelf Ocean 3,200
Bottom Claims........................
Gulf of Alaska........................ 2,500
North Pacific......................... 1,000
North Pacific Maritime Boundary Line.. 1,500
Hydrographic Surveys...................... 1,339
Vessel Lease/Time Charter................. 11,100
Joint Hydrographic Center..................... 4,250
Joint Hydrographic Center--Bathymetric 3,200
Research.....................................
Marine Modeling & Geospatial Technology....... 2,146
Nautical Charting:
Electronic Navigational Charts............ 5,350
Nautical Charting......................... 6,759
Navigational Services..................... 1,885
-----------------
Subtotal, Mapping and Charting.......... 80,529
=================
Geodesy:
Geodetic Survey (Height Modernization):
Pacific Regional Geodetic Survey (CA/OR/ 1,500
WA)......................................
Washington............................ 1,000
SE Regional Geodetic Survey (NC/SC/GA/FL/ 1,000
AL/MS/LA)................................
Louisiana............................. 500
Mississippi........................... 1,000
North Carolina........................ 1,000
South Carolina........................ 500
Upper Great Lakes RGS (MI/IN/IL/WI/MN).... 500
National Spatial Reference System............. 2,150
-----------------
Subtotal, Geodesy........................... 9,150
=================
Tide & Current Data:
Alaska Current & Tide Data.................... 1,500
Upper Cook Inlet Tidal Research........... 500
Nat'l Water Level Observation Network (NWLON). 1,500
National Water Level Program.................. 1,620
-----------------
Subtotal, Tide & Current Data............... 5,120
=================
Total, Navigation Services.................. 94,799
=================
Ocean Resources, Conservation, & Assessment:
Coastal Assessment Program:
Aquatic Research Consortium--MS............... 2,500
Coastal Observing Systems:........................
Alliance for Coastal Technologies............. 2,500
CA Ctr. for Integrative Coastal Research (CI- 1,000
CORE)........................................
Carolina Coastal Ocean Observing & Prediction 2,500
Sys..........................................
Center for Coastal Ocean Observation & 2,500
Analysis.....................................
Center for Integrated Marine Technologies..... 2,500
Coastal Marine Research & Monitoring Program.. 2,500
Coastal Observation Technology System......... 2,500
Coastal Ocean Research & Monitoring Program... 2,500
Coordination/Competitive Grant Pilot Fund..... 5,000
Gulf of Alaska Ecosystem Monitoring........... 750
Long Island Sound Coastal Observing System.... 1,800
Wallops Ocean Observation Project............. 2,000
Coastal Rest. & Enhance. thru S&T (CREST)......... 500
Coastal Services Center........................... 19,000
Coastal Storms.................................... 2,750
Coastal Watershed Groundwater Assessment--NH...... 500
Coop Institute for Coastal and Estuarine Enviro 6,550
Tech.............................................
Coral Reef Program:
National Program.............................. 26,050
Florida--National Coral Reef Institute........ 1,000
Hawaii Initiative............................. 1,500
Nature Conservancy of HI Marine Program... 250
Puerto Rico Coral Reef Initiative............. 500
JASON Education and Outreach...................... 1,000
Lake Pontchartrain................................ 100
National Fish and Wildlife Foundation--NFWF....... 1,500
Pacific Services Center........................... 2,000
B-WET Hawaii.................................. 500
Sarasota Bay--Mote................................ 250
-----------------
Subtotal, Coastal Assessment Program............ 94,500
=================
Response and Restoration:
Aquatic Resource Environmental Initiative--KY..... 100
Center for Marine Spill Response Technology....... 2,000
Coastal Protection and Restoration Project........ 664
Damage Assessment Program......................... 2,282
Edisto Beach Marsh Restoration.................... 100
Estuarine and Coastal Assessment.................. 600
Estuarine Restoration Program..................... 600
Marine Debris Removal:
Alaska........................................ 500
South Carolina................................ 175
Oil Pollution Act of 1990......................... 809
Spill Response and Restoration Program............ 810
Water Control Impoundments SC..................... 250
-----------------
Subtotal, Response and Restoration.............. 8,890
=================
Coastal Research:
Long-term Estuary Assessment Group (LEAG)......... 1,200
Murrell's Inlet Special Area...................... 200
Prince William Sound Science Center............... 500
South Florida Ecosystem........................... 100
-----------------
Subtotal, Coastal Research...................... 2,000
=================
National Centers for Coastal Ocean Science (NCCOS):
Ctr for Coastal Environ'l Health & Biomoleclr 7,923
Research.........................................
Extramural Research (HAB/Pfisteria/Hypoxia)... 3,857
LUCES & high salinity estuaries (Baruch)...... 2,000
Oxford, MD.................................... 3,000
Extramural Research (HAB/Pfisteria/ 3,857
Hypoxia).................................
Center for Coastal Fisheries Habitat Research..... 1,148
Extramural Research (HAB/Pfisteria/Hypoxia)... 3,857
Center for Coastal Monitoring & Assessment........ 2,196
Extramural Research (HAB/Pfisteria/Hypoxia)... 3,857
Center for Sponsored Coastal Ocean Research....... 3,857
Marine Environment Health Research Lab (MERHL).... 4,000
-----------------
Subtotal, NCCOS................................. 39,552
=================
Coastal Management:
CZM Grants........................................ 70,963
Marine Protected Areas............................ 2,269
National Estuarine Research Reserve System........ 20,320
-----------------
Subtotal, Coastal Management.................... 93,552
=================
Marine Sanctuary Program:
Marine Sanctuary Continuing Activities............ 21,282
Northwest Straits Citizens Advisory Commission.... 1,200
-----------------
Subtotal, Marine Sanctuary Program.............. 22,482
=================
Payment to OMAO....................................... 2,793
=================
GRAND TOTAL, NATIONAL OCEAN SERVICE--ORF........ 508,619
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan. Some of the Committee
recommendations displayed in the table above are described in
more detail in the following paragraphs.
Budget Structure.--The Committee recommendation divides the
budget for NOS into two broad categories: salaries and expenses
[S&E] and programs. Reductions in some program lines reflect
the teasing out of S&E from each line and the consolidation of
all S&E in one line, ``NOS Operations--Salaries & Expenses''.
The Committee commends NOS for its thorough grasp of its own
budget and its willingness to work with Congress to improve the
above table. Funds provided under program, project, or activity
lines shall not be used for S&E, nor shall program funds be
available to pay internal or external ``taxes'' charged by NOS,
NOAA, or the Department of Commerce.
Navigation.--The Committee recommends $3,200,000 for
bathymetric surveys off the Southeast Coast of the United
States and the Gulf of Alaska in accordance with the data needs
identified by a Joint Hydrographic Center on the potential
expansion of United States lands beyond the Exclusive Economic
Zone. Within the funding recommendation for Shoreline Mapping,
the Committee recommends that NOS focus on mapping the
shoreline of the North Slope of Alaska.
Geodetic Survey (Height Modernization).--To achieve
efficiencies, the Committee recommendation combines height
modernization efforts in several States into Southeast, Upper
Great Lakes, and Pacific regional geodetic survey pilots. NOS
is directed to develop and submit to the Committees on
Appropriations plans for the pilots, including detailed cost
and schedule information, not later than April 1, 2004. The
plans should serve as models for other regions. In addition,
funds provided under this heading require a 100 percent match
from State, local, or private sources. Should participants'
match fall short of appropriated levels, NOS may, on a dollar
for dollar basis, partially release funds matching the lesser
amounts available to participants as long as NOS can certify
that at least a minimum operating capability will be achieved.
The balance of funds in such an eventuality shall be
transferred to the NOS ``National Spatial Reference System''
line.
Physical Oceanographic Real-Time System [PORTS].--The
intent of Section 103(a) of the recently-passed Hydrographic
Services Improvement Act has become the source of considerable
confusion. Some interpret 103(a) to mean that NOS is now
responsible for all costs associated with real-time
hydrographic monitoring systems, including PORTS. Others
believe that 103(a) in no way undercuts the cost sharing
arrangement that underpins this very popular and successful
program. One thing that is clear is that PORTS would be
immediately unaffordable were NOS to bear the full cost of the
program. Lacking a definitive interpretation, no funds are
recommended for PORTS until the ambiguity is cleared up.
Various.--The Committee recommendation consolidates all
NOAA coral reef appropriations under NOS. A spending plan for
coral reef funding shall be delivered to the Committees on
Appropriations not later than January 15, 2004. The Committee
recommendation includes $2,000,000 for the Baruch Institute's
research and monitoring of small, high-salinity estuaries, of
which $1,200,000 is for the Land Use-Coastal Eco-System Study
[LUCES] program.
Ocean and Coastal Observing Systems.--The Committee has
provided $20,000,000 during the past 2 years for establishment
of an integrated interagency ocean and coastal observing
system. A recently-delivered report outlines NOAA's strategy
for establishing a national network: (1) inventory existing or
planned local or regional systems, their capabilities, and
costs, and (2) establish a management framework to coordinate
coverage and investments. Unfortunately, these prerequisites
will not be completed until year's end.
The Committee strongly supports NOAA's efforts to
coordinate the growing number of individual micro-regional
coastal observing systems and pilot projects into truly
regional systems. This effort is essential to ensuring
technical connectivity and data compatibility among all the
systems so that they may support a national system that
provides benefits to the public and improves the availability,
timeliness, quality, and value of information for Federal
missions as well as local decision makers and academia.
However, this coordination effort will not succeed if the
growth and number of these independent regional systems
outstrips the ability of the Federal Government to ensure long-
term funding, integration and basic coordination of the plans
for the proposed federation of regional systems.
Therefore, the Committee recommendation limits specific
funding of systems to those funded in previous years. However,
to accommodate continued development and integration of the
system, the Committee has established: (1) a dedicated coastal
observation fund that may be used by the Assistant
Administrator [AA] of NOS to support system coordination
efforts and expand existing individual systems into a regional
framework; and (2) a competitive grant pilot fund whereby
parties interested in joining the system may compete, and if
deemed by the AA as contributing to the concept of a national
system, may receive funding. The NOAA Administrator is directed
to report to the Committees on Appropriation no later than
April 25, 2004 on the future shape of these systems and their
integration into the Federal system, including: (1) the non-
Federal contribution of each of the individual systems to the
envisioned regional or national system, and (2) a description
of the benefits to Federal missions and the public at large of
such systems.
NOS is urged to consider the: (1) Gulf of Maine Ocean
Observing System [GoMOOS], (2) Southern California Coastal
Ocean Observing System [SCCOOS], (3) Coastal-Global Ocean
Observing System [C-GOOS], and (4) Louisiana State University
Wave Current Information System [WAVCIS] for awards under the
competitive grant pilot program.
Coastal Ocean Science.--The Committee commends the recent
efforts of NOS to better account for the base funding levels
and specific programmatic increases of the National Centers for
Coastal Ocean Science [NCCOS] laboratories. In order to assure
that mismanagement does not reoccur in future years, the
Committee recommendation reflects those efforts and
consolidates into one subaccount all funding for NCCOS and
specifies the appropriate funding level for each of the NCCOS
laboratories. The Committee recommendation also consolidates
all funding for the Oxford Laboratory, previously included in
two line offices, into one line. Finally, for the past several
years the external research community has suffered the
equivalent of a bad roller coaster ride in terms of knowing the
amount of external research funding available at the beginning
of each fiscal year. The Committee recommendation provides
certainty and accountability by specifying the exact level of
funding available for external research.

NATIONAL MARINE FISHERIES SERVICE

The Committee recommends an appropriation of $672,452,000
for the National Marine Fisheries Service [NMFS]. Committee
recommendations are displayed in the following table:

NATIONAL MARINE FISHERIES SERVICE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Marine Mammals & Sea Turtles:
California Sea Lions/Protected Species Management 750
(PSM)............................................
Cook Inlet Beluga................................. 150
Dolphins:
Bottlenose Dolphin:
Data Analysis............................. 1,500
Research.................................. 2,500
Take Reduction Teams...................... 1,500
Dolphin Encirclement.......................... 2,293
Manatees--New College (MMP)....................... 250
Marine Mammal Protection (MMP)/NMFS Activities.... 3,000
Marine Mammal Strandings:
Alaska SeaLife Center......................... 1,000
Charleston Health and Risk Assessment......... 800
Prescott Grant Program........................ 4,000
Marine Mammals, Sea Turtles & Other Species/ 3,000
Endangered Species Act (ESA).....................
Native Marine Mammals:
Alaska Eskimo Whaling Commission.............. 500
Participation of AEWC in International 100
Whaling Commission Meetings..............
Alaska Harbour Seals.......................... 150
Aleut Pacific Marine Resources Observers...... 125
Beluga Whale Committee........................ 225
Bristol Bay Native Association................ 50
National Fish & Wildlife Foundation (NFWF) Species 750
Mgmt (PSM).......................................
North Pacific Southern Resident Orca Population 1,500
(PSM)............................................
Right Whale Activities (ESA)...................... 12,500
Sea Turtles:
ESA........................................... 7,900
Hawaiian Sea Turtles.......................... 7,800
Rancho Nuevo Sea Turtles...................... 350
Southeastern Sea Turtles...................... 300
Seals:
Harbor Seals:
Alaska Native Harbor Seal Commission...... 600
NMFS Activities........................... 2,000
Sealife Center............................ 1,200
State of Alaska........................... 1,200
Hawaiian Monk Seals........................... 825
Ice Seals (MMP)............................... 250
Steller Sea Lions:
Endangered Species Act........................ 850
N. Pacific Universities MM Consortium (and 3,000
Harbor Seal Research)........................
Recovery Plan:
Alaska Fisheries Foundation............... 1,000
Alaska Sea Life Center.................... 6,000
Fisheries Management (North Pacific 2,000
Council).................................
NMFS Activities........................... 5,000
State of Alaska........................... 2,000
Univ of AK Gulf Apex Predator............. 1,000
Winter Food Limitation Research (Prince 1,000
William Sound SC)........................
-----------------
Subtotal, Marine Mammals & Sea Turtles.. 80,918
=================
Fish:
Alaska Fisheries Development Foundation........... 1,500
Alaska Fisheries Information Network (AKFIN)...... 3,600
Alaska Groundfish Monitoring:
Bering Sea Fishermen's Association Community 175
Development Quota (CDQ)......................
Crab Research NMFS............................ 473
NMFS Activities............................... 2,087
NMFS Field Fishery Monitoring................. 300
NMFS Rockfish Research........................ 340
Winter Pollock Survey......................... 1,000
Alaska Near Shore Fisheries State of Alaska....... 1,250
Alaskan Groundfish Surveys:
Calibration Studies........................... 240
NMFS Activities............................... 661
American Fisheries Act:
Implementation................................ 3,525
N. Pacific Council............................ 499
National Standards 4 and 8 State of Alaska.... 499
NMFS Activities............................... 2,174
Anadromous Fish Commission--North Pacific......... 750
Anadromous Grants................................. 2,100
Atlantic Billfish Research........................ 2,500
Atlantic Herring and Mackerel..................... 800
Bering Sea Pollock Research....................... 945
Bluefin Tuna Tagging:
Monterey...................................... 425
UNH........................................... 1,020
Bluefish/Striped Bass............................. 527
Chesapeake Bay................................ 500
Long Island Sound............................. 500
Cashes Ledge (Gulf of Maine) Ecosystem Pilot...... 1,000
Charleston Bump................................... 650
Billfish Tagging.............................. 500
Expand Stock Assessments--Improve Data Collection. 20,014
California Oceanic Cooperative Fisheries 1,200
Investigation (CalCOFI)......................
Narragansett Bay (Phase II)................... 1,000
Fish Statistics................................... 13,900
Atlantic States Marine Fisheries Commission... 2,000
Economics & Social Sciences Research.......... 4,200
National Standard 8........................... 1,000
Fisheries Development Program:
Hawaiian Fisheries Development................ 750
Product Quality and Marketing:
Gulf Shrimp............................... 3,000
South Atlantic Shrimp..................... 3,000
Product Quality and Safety/Seafood Inspection. 8,685
Fisheries Management Programs..................... 27,657
Gulf Fisheries Information Network (GULF FIN) Data 3,500
Collection Effort................................
Gulf of Maine Groundfish Survey................... 567
Halibut Data Collection........................... 450
Halibut/Sablefish................................. 1,200
Hawaii Stock Management Plan (Oceanic Institute).. 750
Highly Migratory Shark Fishery Research Program 2,000
(Mote)...........................................
Interjurisdictional Fisheries Grants.............. 2,590
International Fisheries Commission State of Alaska 400
Interstate Fish Commissions:
3 Commissions................................. 750
Atlantic Cooperative Management............... 7,250
Large Pelagics Research Program (UNH)............. 3,100
Marine Fisheries Initiative (MARFIN):
NMFS Activities............................... 2,500
Monkfish Trawl.................................... 1,000
Northeast Fisheries Management.................... 1,000
Pacific Coast Fisheries Information Network 3,000
(PACFIN) Catch Effort Data.......................
Recreational Fishery Harvest Monitoring/Rec. 3,950
Fisheries Info Ntwk (RECFIN).....................
RECFIN--SC (inshore recreational species 500
assessment/tagging)..........................
Red Snapper Monitoring and Research............... 5,000
Reduce Fishing Impacts on Essential Fish Habitat 750
(EFH)............................................
Reducing Bycatch.................................. 5,000
Gulf/Atlantic Turtle Excluder Device (GSAFD).. 2,000
Regional Councils................................. 15,547
Salmon:
Atlantic Salmon:
ESA....................................... 2,217
Recovery Plan............................. 450
Research.................................. 710
State of Maine Salmon Recovery (PSM)...... 2,128
Chinook Salmon:
Management................................ 150
Pacific Salmon Treaty--Chinook Salmon 1,844
Agreement................................
Research at Auke Bay...................... 300
State of Alaska........................... 1,840
Yukon River Chinook Salmon:
State of Alaska....................... 1,000
Yukon River Drainage Fisheries Assoc.. 499
Pacific Salmon:
Columbia River:
Biological Opinion (BIOP) 15,100
Implementation, including ESA........
Endangered Species Studies............ 299
Hatcheries and Facilities............. 11,485
Hatcheries--Monitor, Evaluation and 1,700
Reform...............................
Pacific Salmon Treaty..................... 5,612
Recovery (ESA)............................ 21,197
SW Conservation Project--SW Alaska 4,250
Conservation Coalition...................
Western Alaska Salmon Failure--Bering Sea 3,500
Fisherman's Assoc........................
Virginia Fisheries Trawl Survey............... 500
West Coast Groundfish......................... 3,520
-----------------
Subtotal, Fish.............................. 258,051
=================
Crustaceans & Mollusks:
Bering Sea Crab (State of Alaska)................. 1,000
Blue Crab Advanced Research Consortium............ 2,500
Chesapeake Bay Oyster Restoration................. 2,000
Horseshoe Crab Research (HCRC).................... 1,300
Lobster Sampling.................................. 300
Louisiana Shrimper Assistance..................... 2,000
Mobile Bay Oyster Recovery........................ 2,000
Oyster Restoration (Chesapeake--VIMS)............. 2,250
Scallop Fishery Assessment (MFI).................. 2,500
Shrimp Pathogens: South Carolina.................. 650
South Carolina Oyster Recovery.................... 1,000
South Carolina Shrimper Assistance................ 2,000
-----------------
Subtotal, Crustaceans & Mollusks................ 19,500
=================
Enforcement & Observers:
Enforcement & Surveillance:
Driftnet Act Implementation................... 1,375
Ghostnet--High Seas Driftnet Detection.... 250
NMFS Activities........................... 1,800
Pacific Rim Fisheries..................... 150
Science Observer Russian Exclusive 250
Economic Zone (EEZ)......................
State Participation--AK/WA................ 200
Enforcement & Surveillance:
Cooperative Agreements w/States............... 9,500
Vessel Monitoring System...................... 2,500
Observers/Training:
Atlantic Coast Observers...................... 3,350
East Coast Observers.......................... 350
Hawaii Longline Observer Program.............. 4,000
N. Pacific Marine Resources Observers......... 1,875
N. Pacific Observer Program................... 800
NE Groundfish Court-Ordered Observers......... 7,500
S. Atlantic/Gulf Shrimp Observers............. 800
West Coast Groundfish Observers............... 5,000
-----------------
Subtotal, Enforcement & Observers........... 39,700
=================
Habitat Conservation & Restoration:
Bay Watersheds Education and Training Program..... 2,500
Connecticut River Partnership..................... 300
Cooper River Corridor Management.................. 125
Fisheries Habit Restoration:
Bronx River Restoration....................... 1,000
Community-Based Restoration Grants............ 12,000
Kenai Peninsula............................... 700
LA DNR........................................ 150
Pinellas County Environmental................. 150
Habitat Conservation.............................. 9,218
Instream Flow Pilot Program (UNH)................. 600
Marsh Restoration--NH............................. 1,000
Narragansett Bay Marine Education Program (Save 500
the Bay).........................................
Refine EFH Designations........................... 1,000
Sea Grass Restoration (Chesapeake)................ 894
-----------------
Subtotal, Habitat Conservation & Restoration.... 30,137
=================
Other Activities Supporting Fisheries:
Antarctic Research................................ 1,550
Center for Marine Education and Research (MS)..... 3,000
Conservation & Recovery with States............... 1,000
Consortium for Fisheries & Wildlife Conflict 500
Resolution (UNH/NEA/VIMS/Duke)...................
Cooperative Research:
Cooperative Marine Education & Research....... 200
Cooperative Research--North Pacific Research 3,000
Board........................................
National Cooperative Research................. 2,750
NE Cooperative Research....................... 5,750
Northeast Consortium.......................... 5,000
SC Cooperative Research....................... 2,500
SE Cooperative Research....................... 3,250
West Coast Groundfish Cooperative Research.... 1,000
Ecosystem Management:
Gulf of Mexico................................ 6,000
Middle Atlantic............................... 6,000
New England................................... 6,000
South Atlantic................................ 6,000
Endangered Species Act--Fish, Crustaceans, 2,682
Mollusks.........................................
FMP Extended Jurisdiction, State of Alaska........ 1,500
Gulf of Alaska Coastal Communities Coalition...... 425
Hawaiian Community Development.................... 500
Information Analysis and Dissemination............ 22,508
Joint Institute for Marine & Atmospheric Research 2,500
(JIMAR), HI......................................
Magnuson-Stevens Implementation off Alaska........ 7,250
Marine Resources Monitoring, Assessment & 1,250
Prediction Pgm (MarMap)..........................
National Environmental Policy Act (NEPA).......... 8,000
NEPA Permit Approval Streamlining............. 4,000
New England Multi-Species Survey (SMAST).......... 3,000
Science Consortium on Ocean Research (SCORE)--NH/ 1,500
FL/WA............................................
Southeast Area Monitoring & Assessment Program 1,750
(SEAMAP).........................................
South Carolina Taxonomic Center................... 500
-----------------
Subtotal, Other Activities Supporting Fisheries. 110,865
=================
Overhead:
Expedite Grant Applications & Awards.............. 21,334
Fisheries Enforcement............................. 23,734
Other NMFS Activities............................. 11,700
Pacific Islands Regional Office............... 5,000
Protect Endangered & Threatened Species........... 63,838
NW Fisheries Science Center (West Coast 1,700
Groundfish Team).............................
Regulatory Streamlining & Modernization........... 1,500
Expedite Permit Applications & Approvals...... 3,775
-----------------
Subtotal, Overhead.......................... 132,581
=================
Payment to OMAO....................................... 700
=================
GRAND TOTAL, NATIONAL MARINE FISHERERIES 672,452
SERVICE--ORF...................................
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan. Some of the Committee
recommendations displayed in the table above are described in
more detail in the following paragraphs.
Base Funding.--For the second year in a row, NMFS has
chosen not to provide the Committee with a coherent description
of what is contained in the so-called ``base'' lines. Therefore
the Committee is unable to differentiate between fixed and
variable costs within the lines that make up the NMFS account.
The Committee has done what it could to eliminate or limit the
worst budget excesses, but much work remains to be done. Only
funds provided under the heading ``Overhead'' may be used for
NMFS salaries, benefits, or expenses, including rent,
utilities, communications, contract and consulting services,
supplies, materials, and equipment, travel and transportation
of people and things, and printing and reproduction. Funds
provided under program, project, or activity lines shall not be
used for overhead, including internal or external ``taxes''
charged by NMFS, NOAA, or the Department of Commerce.
Regional Office Financial Accountability.--The Committee
has been working to provide budget transparency for each of the
line offices as well as for NOAA headquarters. While the
Committee has been able to obtain clarity with respect to some
line office accounts, the Committee's efforts to separate and
clarify NMFS funding levels for programs, personnel, and
expenses have been stymied by the Service. One explanation
offered for NMFS' inability to provide the requested budget
information is that the decentralized line office structure
provides funding to the regional offices from multiple NMFS
accounts without any effort by the regional offices or
headquarters to track or report on either the total funding
level provided to the regional offices or the regions' use of
the funding. Therefore, the Committee directs the regional
offices, in consultation with the program offices from which
they receive funding, and through the NMFS Administrator, to
submit a spending plan for their activities no later than
January 1, 2004. The plan should include the following
information: (1) the level of funding received by each regional
office from each NMFS baseline for salaries and expenses versus
program activities; and (2) the level of funding received by
each regional office from each program line for salaries and
expenses versus program activities.
International Conservation of Sea Turtles.--The Committee
remains concerned by the increasing threat to sea turtles,
particularly those listed under the Convention on International
Trade on Endangered Species of Wild Fauna and Flora [CITES],
from activities conducted outside of U.S. control, including
incidental capture in the longline and shrimp trawl fisheries
of other nations. In the past, the Department of State has
ignored the Committee's direction to: (1) negotiate strong,
enforceable management, reporting, and data collection measures
(including economic measures) focused on reducing incidental
capture of sea turtles in commercial fisheries under regional
management agreements for living marine resources; (2) develop
a trans-Pacific international turtle conservation agreement to
include Pacific island and Pacific rim nations; and (3) with
the Secretary of Commerce, seek international agreements to
establish standards and measures for bycatch reduction that are
comparable to U.S. standards. The Committee therefore directs
the Secretary of Commerce to assume these responsibilities. The
Secretary of Commerce shall report back to the Committee by
February 1, 2004, detailing actions taken to comply with this
and previous direction during fiscal years 2002 and 2003.
The Committee is also concerned that the conservation
benefits of the new U.S. regulations requiring use of larger
turtle excluder devices [TEDs], which take effect this year,
will be lost if such requirements are not also applicable in
other shrimp trawling nations who seek to import shrimp to the
United States, as required in the 1990 ``shrimp-turtle law''
(Public Law 101-162). While American fishermen are being asked
to take on additional economic burdens, shrimp fleets in some
other nations have barely demonstrated compliance with the
previously established TED requirements as well as the
obligations of the Inter-American Sea Turtle Convention. This
has not provided American shrimpers the level conservation
playing field intended by Congress in the 1990 law. The
Committee directs the Secretary of Commerce to take immediate
steps to ensure that these newly promulgated turtle protection
requirements are met by other nations who import shrimp to the
United States, pursuant to the requirements of Public Law 101-
162 by May 4, 2004. The Committee also directs the Secretary to
submit a report, within 90 days of enactment of this Act,
setting forth the following: (1) specific criteria used by the
Secretary to determine whether to certify that a nation's
regulatory program is ``comparable'' to the U.S. program under
Public Law 101-162; (2) a list of nations that the Secretary
has de-certified under the law from 2000-2003; (3) case-
specific inspection findings, rationales, and criteria
(including trip reports and cables) used in 2000-2003 to
determine whether or not to certify nations pursuant to Public
Law 101-162; (4) a timeline and detailed actions that the
Secretary will take to ensure the new TED measures are adopted
by shrimp-importing nations prior to May 2004, the next
certification date; (5) describe any failure to maintain or use
TEDs noted during dockside or at-sea inspections in shrimp
importing nations, and explain why, in instances where such
failures were noted, the nation was not de-certified.
The Committee recommendation includes $12,500,000 for North
Atlantic right whale activities, to be distributed in the
manner described in the following table:

NORTHERN RIGHT WHALE PRESERVATION
[In thousands of dollars]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Reduce ship strikes.................................... 3,730
Whale detection technologies....................... [1,255]
Reduce entanglement.................................... 2,500
Gear modification.................................. [500]
Pilot Buyback/Recycling--Gear Purchase Program..... [1,500]
Training/Disentanglement Teams..................... [500]
Biology................................................ 1,755
Recovery coordination.................................. 140
Competitive Grants/Personnel Costs..................... 2,950
State programs......................................... 1,425
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan. The Office of Protected
Resources shall submit a report to the Committees on
Appropriations on fiscal year 2003 accomplishments not later
than January 15, 2004.
Decline of Pacific Marine Mammals.--The Committee expects
NOAA to continue its research initiative on Pacific decadal
oscillation, predator-prey relationships with particular
emphasis on killer whale predation on sea lion pups, and to
explore other factors in the marine environment that may be
contributing to the decline of Stellar sea lions and other
marine mammal populations.
Enforcement of International Dolphin Agreement.--The
Committee remains concerned that Mexico and other non-United
States parties to the International Dolphin Conservation
Program [IDCP], of which the United States is a member, are not
fully complying with the requirements of the IDCP, particularly
with respect to accurate reporting of dolphin interactions and
mortality. The Committee recommendation includes $2,293,000 for
research and monitoring activities associated with dolphin
encirclement in the eastern tropical Pacific [ETP] and the IDCP
to be distributed in the manner described in the following
table:

INTERNATIONAL DOLPHIN CONSERVATION PLAN
[In thousands of dollars]
------------------------------------------------------------------------

------------------------------------------------------------------------
Research Activities:
Fishery Effects........................................ 250
Gear for Reduction of by-catch......................... 250
Ecosystem Studies...................................... 238
Collection and Analysis of Biological Samples.......... 60
Coastal Stocks Research................................ 40
Small Vessel sets on Dolphins.......................... 200
Research Cruises....................................... 945
Days at Sea for Research Cruise........................ 125
Research Program Management............................ 75
Implementation and Monitoring Activities:
Local Management Fund.................................. 40
Travel for document verification....................... 20
Data entry and document contracts...................... 50
------------
Total................................................ 2,293
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan.
Increased funding is provided for additional biological
sampling, further research on cow-calf separation, herd sizes
on which sets are made, and development of alternative gear for
reducing by-catch of dolphins, turtles and other species in the
ETP and the occurence of and impacts on dolphin populations
from vessels with a carrying capacity of less than 400 short
tons that are reportedly setting on dolphins in the ETP.
Funding for salaries and expenses, and agency assessments has
been more accurately aligned under the salaries and expenses
heading. The Committee further directs NOAA, in consultation
with key United States stakeholders, to continue evaluating and
documenting any lack of compliance by the non-United States
parties to the IDCP with its provisions, including through on-
site visits and discussions with government officials,
observers and others with first-hand knowledge of country
practices, and to submit a written report describing the
findings to the Committee no later than May 1, 2004. The report
should include an updated evaluation of compliance with the on-
board observer program, an updated report of dolphin
interactions and mortality, the latest operational requirements
for vessels, the extent to which vessels with a carrying
capacity of less than 400 short tons are setting on dolphins,
and all actions taken in the past year by parties to follow-up
on infractions identified by the international review panel.
Gulf/Atlantic Turtle Excluder Device.--Funds made available
under this heading shall be provided to the Gulf and South
Atlantic Fisheries Development Foundation to conduct a field
testing program of the new, larger Turtle Excluder Device
required by regulation in order to determine and document the
most effective and efficient use and configuration of such
devices in terms of sea turtle exclusion and shrimp retention.
Fisheries Research and Management.--Of the amount provided
for the recreational fishing information network [RECFIN]
program, the Committee expects that $500,000 will be used to
continue the effort to enhance the annual collection and
analysis of economic data on marine recreational fishing. The
Committee also expects that the Pacific, Atlantic, and Gulf
States shall each receive one-third of the remaining RECFIN
funds. The Committee recommends that the $750,000 for the
Interstate Fish Commissions be equally divided among the three
commissions. As in prior fiscal years, funds appropriated for
the Hawaii Fisheries Development and Hawaii Stock Management
Plan programs shall be administered by the Oceanic Institute.
Seafood Inspections.--The Committee firmly opposes efforts
to list the activities of the NOAA Seafood Inspection program
under the FAIR Act inventory as providing ``not inherently
governmental functions''. Such a determination would be
contrary to both common sense and public welfare. The NOAA
Seafood Inspection program inspects or certifies approximately
seventeen percent of the fishery products consumed in the
United States, provides inspection and certification of more
than 142,000,000 pounds of U.S. exports, and routinely
evaluates the safety, wholesomeness, proper labeling, and
quality of fish and fishery products. In addition to ensuring
specific product safety, the adequacy of sanitation and
hygienic practices of processing facilities and the processes
used in the manufacture of food are also inspected. Both the
United States Department of Agriculture and the Food and Drug
Administration have already determined that their food
inspection functions are inherently governmental, and any other
determination for the NOAA program would damage efforts to
improve seafood safety and undermine efforts to better
coordinate and improve Federal seafood safety efforts,
including efforts to protect against bioterrorist threats.
Hatcheries.--The Committee intends funding for the Mitchell
Act hatcheries to meet production, mass marking, and monitoring
and evaluation needs.
Fisheries Enforcement.--Since 9/11, port security has
become the primary mission of the Coast Guard. A minor
responsibility in peacetime, the Coast Guard had committed few
ships and personnel to port security prior to 9/11. As a
result, the Coast Guard has had to redirect assets dedicated to
the enforcement of fisheries laws to the new port security
mission. Today, and for the foreseeable future, the Coast Guard
will be unable to enforce these laws. NOAA and State
departments of natural resources must fend for themselves. That
being so, the Under Secretary of Commerce for Oceans and
Atmosphere, in consultation with the Commandant of the United
States Coast Guard, shall report to the Committees on
Appropriations not later than December 1, 2003 on the
feasibility of transferring from the Coast Guard to NOAA such
authorities, liabilities, and assets as are necessary for NOAA
to enforce the fisheries laws of the United States that were
being enforced by the Coast Guard on September 10, 2001.
Enforcement and Surveillance.--The Committee recommends
continued support at last year's level for marine forensics and
southeast fisheries' law enforcement.
Ecosystem Management.--NMFS' approach to managing marine
resources, as reflected in the chart above, is mission-,
action-, or species-specific. NMFS personnel in New England
are, for example, criss-crossing the Gulf of Maine researching,
assessing, surveying, or otherwise scrutinizing right whales,
dogfish, and lobster, but doing so in isolation or at best with
little coordination. Whether because it is too complex or
crosses too many disciplines, the study of all life within a
column of water in a comprehensive, coordinated way is not
being done. As a result, there is no understanding of, or
preparation for, potential unintended consequences on
ecosystems as NMFS' renders its decisions in a species-specific
manner. The Committee believes that ecosystem management is the
wave of the future, though it acknowledges that a revolution in
ocean politics will have to occur first. The recommendation
includes modest funding to initiate regional ecosystem
management pilot projects in the Atlantic and Gulf of Mexico.
The pilots purposely cover bodies of water that are contiguous,
because the one influences the others. The Committee expects
the four pilots to be closely coordinated and for each pilot to
integrate with existing NMFS or local oceans programs.
Ultimately, should the pilots prove successful, the Committee
would expect to fold more specific initiatives into the larger
ecosystem approach. NMFS is directed to report to the
Committees on Appropriations not later than December 1, 2003 on
its plans for implementing the pilots.
Stewardship of Capital Investments.--The Committee is aware
that a number of NMFS facilities are in deplorable condition,
including labs in Beaufort, NC and Mukilteo, WA. A Committee-
directed facilities master plan was due June 30, 2003.
Hopefully, when received, it will answer questions regarding
the need to replace, rehabilitate, consolidate, or close NMFS
labs. While reserving judgment on the fate of specific
facilities, the Committee recommendation does transfer funding
for ``NMFS Facilities Maintenance'', previously provided under
this heading, to the Program Support subaccount. The Committee
believes that NOAA headquarters is more inclined than NMFS to
protect taxpayers' investments. For the same reason, funds for
``Computer Hardware and Software'', previously provided under
this heading, have been transferred to the Procurement,
Acquisition, and Construction account. NOAA headquarters is
directed to submit spending plans to the Committees on
Appropriations prior to the obligation of any NMFS facilities
maintenance or computer funds.

OCEANIC AND ATMOSPHERIC RESEARCH

The Committee recommends an appropriation of $394,470,000
for Oceanic and Atmospheric Research [OAR]. Committee
recommendations are displayed in the following table:

OCEANIC AND ATMOSPHERIC RESEARCH
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Climate Research:
Laboratories & Joint Institutes................... 48,907
Climate & Global Change Program................... 71,051
Accelerating Climate Models--IRI.............. 1,500
Aerosols--Climate Interaction................. 2,000
-----------------
Subtotal, Climate & Global Change Program... 74,551
=================
Climate Observations & Services:
ARGO-Related Costs............................ 10,950
Baseline Operations........................... 2,500
Carbon Cycle.................................. 4,300
Climate Change Assessments.................... 650
Climate Data & Info and CLASS in PAC.......... 1,000
Climate Modeling Center (GFDL)................ 5,000
Climate Reference Network..................... 3,000
Global Climate Atmospheric Observing System... 4,000
Regional Assessments, Education and Outreach.. 2,750
Weather-Climate Connection.................... 900
-----------------
Subtotal, Climate Observations & Services... 35,050
=================
Climate Partnership Programs:
Abrupt Climate Change Research................ 1,600
Arctic Research Initiative (SEARCH)........... 2,074
Central CA Ozone Study........................ 250
East Tennessee Ozone Study.................... 300
-----------------
Subtotal, Climate Partnership Programs...... 4,224
=================
Total, Climate Research..................... 162,732
=================
Weather & Air Quality Research:
Laboratories & Joint Institutes................... 37,713
U.S. Weather Research Program:
Energy Security (CA).......................... 2,000
Hurricane & Tropical Storm Research........... 5,314
Targeted Wind Sensing......................... 2,000
-----------------
Subtotal, U.S. Weather Research Program..... 9,314
=================
Weather & Air Partnership Programs:
AIRMAP........................................ 5,000
New England Air Quality Study................. 3,000
Remote Sensing Research (ISU/BCAL)............ 1,000
STORM......................................... 1,000
Tornado Severe Storm Research (PAR Evaluation) 1,500
-----------------
Subtotal, Weather & Air Partnership Programs 11,500
=================
Total, Weather & Air Quality Research....... 58,527
=================
Ocean, Coastal, and Great Lakes Research:
Laboratories & Joint Institutes................... 19,148
Chesapeake Bay ``dead zone'' research 4,500
(prevention)--Oxford.............................
Great Lakes Environmental Research Laboratory
(Michigan):
Lake Erie ``dead zone'' research (Stone 448
Lab).....................................
Lake Erie observation buoys............... 2,000
Solvent research (Notre Dame)............. 250
Milfoil (NH).................................. 590
-----------------
Subtotal, Ocean, Coastal, and Great Lakes 26,936
Research...................................
=================
National Sea Grant College Program:
Continuing Activities......................... 66,160
Fish Extension................................ 2,000
Gulf of Mexico Oyster Initiative.............. 1,000
Marine Invasive Species Program............... 250
-----------------
Subtotal, National Sea Grant College Program 69,410
=================
National Undersea Research Program (NURP):
Aquarius II................................... 1,200
Continuing Activities......................... 15,000
National Institute for Undersea Science and 5,000
Technology...................................
-----------------
Subtotal, National Undersea Research Program 21,200
(NURP).....................................
=================
Ocean Exploration................................. 13,200
Submersible Microtechnology Research.......... 994
NMNH East Wing (Oceans)........................... 2,000
Ocean & Coastal Partnership Programs:
Aquatic Ecosystems--Canaan Valley Institute... 2,300
Arctic Research............................... 2,000
Cooperative Institute for Arctic Research..... 350
Cooperative Institute for New England 3,000
Mariculture and Fisheries....................
Gulf of Maine Habitat Restoration Initiative 1,000
(GOM Council)................................
Institute for Science, Technology & Public 1,000
Policy (Texas A&M)...........................
Lake Champlain Research Consortium............ 300
National Invasive Species Act:
Alaska.................................... 1,500
Nutria--Chesapeake Bay.................... 545
Prevent & Control Invasive Species........ 800
NOAA Marine Aquaculture Program............... 3,131
Pacific Tropical Ornamental Fish.......... 500
Ocean Health Initiative....................... 10,000
-----------------
Subtotal, Ocean & Coastal Partnership 26,426
Programs...................................
=================
Total, Ocean, Coastal, and Great Lakes 160,166
Research...................................
=================
High Performance Information Technology............... 12,945
Payment to OMAO....................................... 100
=================
GRAND TOTAL NOAA RESEARCH--ORF.................. 394,470
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan. Some of the Committee
recommendations displayed in the table above are described in
more detail in the following paragraphs.
Budget Structure.--For the second year in a row, OAR has
chosen not to provide the Committee with a coherent description
of what is contained in the so-called ``base'' lines.
Therefore, the Committee is unable to differentiate between
fixed and variable costs within the lines that make up the OAR
account. OAR leadership is playing a dangerous game, being
particularly vulnerable to budget reductions for reasons known
all too well. The recommendation continues a trend begun last
year to look outside OAR for research expertise. Funds provided
under program, project, or activity lines shall not be used for
overhead, including internal or external ``taxes'' charged by
OAR, NOAA, or the Department of Commerce.
Tinkering.--OAR is supposed to be conducting applied
research that directly supports the operations of other NOAA
line offices. Too often, however, OAR research appears
disconnected from the immediate-, near-, and even medium-term
needs of the rest of NOAA. The result is that the line offices
have developed their own research programs in parallel with
that of OAR. Budget pressures leave no room for ``science
projects'', nor duplication of effort. The Committee suspects
that the drift of research in unproductive directions is
largely due to the artificial separation of OAR from the line
offices it supports. NOAA is directed to report to the
Committees on Appropriations on the costs and benefits of
breaking OAR up into its constituent parts and distributing
those parts as desirable to the other line offices. The report
should specifically address how the newly configured research
sector will directly assist line offices in developing timely
solutions to problems confronting NOAA now and in the next 5
years.
Solar Observation.--The ``Atmospheric'' in NOAA does not
extend to the astral. Absolutely no funds are provided for
solar observation. Such activities are rightly the bailiwick of
the National Aeronautics and Space Administration and the Air
Force.
Phased Array Radar [PAR] Evaluation.--Elements of this
initiative are perplexing. The National Severe Storms Lab
intends to couple a Navy SPY-1 phased array radar (found on
Aegis-class cruisers) with artificial intelligence-based
decision support systems in the hopes of almost doubling
tornado warning times. This is a desirable goal, but depends,
in large part, on the successful commercialization of the SPY-
1. That quest, achieving desired performance at a far lower
cost, would seem to be an engineering and manufacturing feat,
not the outcome of weather research. At the same time, the now
venerable SPY-1 is older than the WSR-88D NEXRAD weather radar
it would replace. The WSR-88D is not scheduled for retirement
for decades. By then, phased array radar performance should be
far better at far lower cost. Unsure where this project is
ultimately headed, the Committee recommendation funds SPY-1
tornado detection and tracking testing under this heading. A
parallel assessment of the practicality of commercializing the
SPY-1 or a successor for weather forecasting is funded under
the National Weather Service.
NISA Alaska.--The Committee recommends $1,500,000 to
address the proliferation of exotic species such as Atlantic
salmon in the marine environment in the North Pacific. Of this
amount, $750,000 is for the Pacific States Marine Fisheries
Commission to prevent the escapement of Atlantic salmon from
Alaska streams and to address other invasive species issues
including mitten crab and green crab.
Ocean, Coastal, and Great Lakes Research.--The Committee is
alarmed by recent reports regarding the formation of a massive
``dead zone'' in the Chesapeake Bay. The recommendation
includes research funds to develop immediate and near-term
preventive measures to reduce the runoff of phosphorous and
nitrogen into the Bay. Within the amount provided for the Great
Lakes Environmental Research Lab, the Committee recommends that
NOAA support research programs on aquatic invasive species
mitigation and reduction in the Lake Champlain Basin. Of the
amount provided for the National Undersea Research Program,
$7,500,000 is for research conducted through the east coast
NURP centers and $7,500,000 is for the west coast NURP centers,
including the Hawaiian and Pacific Center and the West Coast
and Polar Regions Center. The Committee expects level funding
will be available for Aquarius, ALVIN, and program
administration.

NATIONAL WEATHER SERVICE

The Committee recommends an appropriation of $696,857,000
for the National Weather Service [NWS]. Committee
recommendations are displayed in the following table:

NATIONAL WEATHER SERVICE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Operations and Research:
Salaries, Benefits, and Expenses:
Local Warnings and Forecasts.................. 505,675
Central Forecast Guidance..................... 45,102
Systems Operation & Maintenance (O&M):
Advanced Weather Interactive Processing 37,570
System (AWIPS)...........................
Automated Surface Observing System (ASOS). 8,248
Next Generation Weather Radar (NEXRAD).... 42,340
-----------------
Subtotal, Salaries, Benefits, and 638,935
Expenses...............................
=================
Programs:
Advanced Hydrological Prediction Services..... 6,098
Air Quality Forecasting Pilot Program......... 3,000
Alaska Data Buoys............................. 1,700
Aviation Weather.............................. 2,500
Delaware River Basin Flood System............. 900
High Resolution Temperature Forecasting....... 4,200
Hurricane Mitigation Alliance (SUSF).......... 3,750
Microforecasting/Mesonets:
Data Collection:
DE Environmental Observing System 312
(DEOS)...............................
KY Environmental Monitoring Network 667
(WKU)................................
North Dakota Ag Weather Network....... 340
Data Assimilation, Analysis, &
Distribution:
DRI Great Basin Water & Climate 750
Initiative...........................
JSU Assembling Sys/Atmospheric 990
Dispersion Frcstg....................
USU Weather & Climate Database Mgmt 500
System...............................
Mt. Washington Observatory.................... 1,000
NC Flood Warning System....................... 1,215
New England Weather Technology Initiative..... 500
NOAA Profiler Network......................... 4,150
Pacific Island Compact........................ 3,550
Phased Array Radar (PAR) Engineering/ 1,500
Manufacturing................................
Susquehanna River Basin Flood System.......... 1,300
Sustain Cooperative Observer Network.......... 1,890
Tsunami Hazard Mitigation..................... 4,300
Pacific Ocean Monitoring Buoy Augmentation 600
Tsunami Warning & Environ'l Obs for AK 2,000
(TWEAK)..................................
Weather Radio Transmitters:
Weather Radio Transmitters Base........... 2,320
WFO Maintenance............................... 7,390
-----------------
Subtotal, Programs.......................... 57,422
=================
Payment to OMAO....................................... 500
=================
GRAND TOTAL NATIONAL WEATHER SERVICE--ORF... 696,857
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan. Various Committee
recommendations displayed in the table above are described in
more detail in the following paragraphs.
Budget Structure.--The Committee recommendation divides the
budget for NWS into two broad categories: salaries and expenses
[S&E] and programs. The Committee commends NWS for its thorough
grasp of its own budget and its willingness to work with
Congress to improve the above table. Funds provided under
program, project, or activity lines shall not be used for S&E,
nor shall program funds be available to pay internal or
external ``taxes'' charged by NWS, NOAA, or the Department of
Commerce.
Network Integrity.--The ``1995 Secretary's Report to
Congress on Adequacy of NEXRAD Coverage and Degradation of
Weather Services'' requested further studies of several sites,
including Williston, ND and Erie, PA. This year, as in the
past, the Committee recommendation includes such sums as are
necessary to continue current operations at these sites.
NEXRAD Coverage.--The area running from northern California
through central Oregon to the Washington border is one of the
few regions of the country not covered by a NEXRAD facility.
The NWS is directed to submit a report to the Committees on
Appropriations as to whether such a facility is required and,
if so, where such a facility should be sited to maximize
coverage and integration into the national weather radar
network.
NOAA Profiler Network [NPN].--The abrupt decision to
shutdown the NPN came as a surprise. Though the Committee is
aware that the 404 MHz frequency being used by the NPN will be
unavailable by mid-decade, no analysis has been done to
determine the value of the data produced by the NPN, the method
and cost of collecting valuable NPN data by other means, or the
cost of shutting the NPN down. Lacking adequate justification,
the Committee recommendation funds NPN operations for at least
1 more year. The NWS is directed to undertake a cost and
operational effectiveness analysis [COEA] comparing the
$10,000,000 cost to upgrade the NPN over the next decade versus
the short, medium, and long-term costs of ending the NPN
program. The COEA shall be delivered to the Committees on
Appropriations not later than March 31, 2004.
Phased Array Radar [PAR] Engineering and Manufacturing.--As
mentioned elsewhere, the Committee recommendation includes
funds for an assessment of the practicality of commercializing
the Navy's SPY-1 radar or a successor for weather forecasting.
To be successful, a civilian version of the SPY-1 will need to
have comparable or better performance at far lower cost. The
NWS should coordinate with the Navy, the manufacturer, and the
National Severe Storms Lab to get the fullest understanding of
the costs and benefits of converting a military radar for
civilian weather forecasting. The NWS shall submit a
feasibility study to the Committees on Appropriations not later
than May 1, 2004.
Microforecasting/Mesonets.--Funds provided under this
heading require a 100 percent match from State, local, or
private sources. Should participants' match fall short of
appropriated levels, NWS may, on a dollar for dollar basis,
partially release funds matching the lesser amounts available
to participants as long as NWS can certify that at least a
minimum operating capability will be achieved. The balance of
funds in such an eventuality shall be transferred to the NWS
maintenance lines on a priority basis. NWS shall also certify
prior to the release of funds that proposed mesonets do not
reopen the debate over the: (1) consolidation of Federal
weather forecasting offices, or (2) transfer of agriculture-
related weather activities to the Department of Agriculture.
Flash Floods.--Prior to release of funds for the Delaware
River Basin Flood System and the North Carolina Flood Warning
System, NWS is directed to submit reports on the total cost of
these systems, including installation, operation, maintenance,
and upgrade, as well as the need for the systems, based on
historical flood data and the current level of development in
flood plains. Also, funds provided for flood systems require a
100 percent match from State, local, or private sources.
NOAA Weather Radio [NWR].--The NWS shall report back to the
Committees on Appropriations not later than December 1, 2003 on
the merits of expanding the NWR network to include Kemmerer and
Dubois, Wyoming. If merited, the Committee expects the NWS to
budget for this expansion in fiscal year 2005.

NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE

The Committee recommends an appropriation of $148,840,000
for the National Environmental Satellite, Data, and Information
Service [NESDIS]. Committee recommendations are displayed in
the following table:

NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Environmental Satellite Observing Systems:
Product Processing and Distribution............... 23,771
Satellite Command and Control..................... 36,871
-----------------
Subtotal, Environmental Satellite Observing 60,642
Systems........................................
=================
Product Development, Readiness & Application:
Global Wind Demonstration..................... 4,000
Joint Center/Accelerate Use of Satellites..... 1,500
NESDIS Activities............................. 19,500
-----------------
Subtotal, Product Development, Readiness & 25,000
Application................................
=================
Interagency Global Positioning System Executive 600
Board Secretariat (IGEB).........................
Office of Space Commercialization................. 600
-----------------
Total, Satellite Systems........................ 86,842
=================
NOAA's Data Centers & Information Services:
Archive, Access & Assessment:
Archive, Access & Assessment/Climate Database
Modernization:
KY........................................ 2,900
MD........................................ 2,900
Quality assurance/quality control (NC).... 2,900
WV........................................ 2,900
NESDIS Activities............................. 26,750
-----------------
Subtotal, Archive, Access & Assessment...... 38,350
=================
Coastal Data Development.......................... 4,513
Coastal Remote Sensing--CSC....................... 500
Regional Climate Centers.......................... 4,000
International Pacific Research Center (U of 2,000
HI)..........................................
Environmental Data Systems Modernization.......... 12,335
-----------------
Total, NOAA's Data Centers & Information 61,698
Services.......................................
=================
Payment to OMAO....................................... 300
=================
GRAND TOTAL NATIONAL ENVIRONMENTAL SATELLITE, 148,840
DATA AND INFORMATION SERVICE--ORF..............
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan.
Budget Structure.--The Committee did not find the ``base''
breakout submitted by NESDIS particularly enlightening in terms
of differentiating between fixed and variable costs within the
lines that make up the NESDIS account, although it did identify
with precision where the salaries of full time equivalents are.
It should be a simple task for NESDIS to divide its budget, on
a line by line basis, into two broad categories: salaries and
expenses [S&E] and programs. NESDIS is directed to do so and
submit the results to the Committees on Appropriations not
later than October 1, 2003. Also, funds provided under program,
project, or activity lines shall not be used for overhead,
including internal or external ``taxes'' charged by NESDIS,
NOAA, or the Department of Commerce.
Data Dissemination.--The Committee is concerned that with
the significant increase in oceanographic and environmental
data collection in Hawaii and the American Flag Territories,
including the Northwestern Hawaiian Islands, NOAA has
inadequate capacity to provide timely data and services to the
region. The Committee directs NOAA through the National Ocean
Service, the National Oceanographic Data Center, and the
National Climatic Data Center to submit a report to Congress
that details the region's oceanographic and environmental data
and information requirements, identifies gaps in existing
service, makes recommendations for the establishment of a
Pacific Ocean and Environment Information Center that would
address such needs, and identifies potential coordination or
partnerships with other Federal facilities in the region that
might enhance the effectiveness of such a center.

PROGRAM SUPPORT

The Committee recommends an appropriation of $327,282,000
for NOAA program support. Committee recommendations are
displayed in the following table:

PROGRAM SUPPORT
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Corporate Services:
Commerce Administrative Management System (CAMS).. 8,229
Educational Partnership Program/Minority Serving 7,500
Institutions (EPPMSI)............................
E-gov............................................. 3,000
Information Technology (IT) Security.............. 1,050
National Ocean Science Competition................ 1,500
Office of Acquisition & Grants.................... 2,700
Grants On-Line................................ 1,200
Office of the Chief Administrative Officer........ 15,255
Facilities Staff.............................. 1,250
Office of the Chief Financial Officer............. 11,791
Office of the Chief Information Officer........... 3,800
Office of Human Resources......................... 2,484
Office of Program Analysis & Evaluation........... 1,553
Payment to the DoC Working Capital Fund........... 38,758
Payment to the NOAA Business Management Fund...... 60,104
Program Planning and Integration.................. 2,000
Under Secretary and Associate Offices............. 17,524
-----------------
Total, Corporate Services....................... 179,698
=================
Facilities:
Energy Management................................. 550
Environmental Compliance.......................... 2,564
Maintenance, Repairs and Safety (non-NWS):
Backlog....................................... 13,000
Cyclical...................................... 6,684
Pribilof Islands Cleanup.......................... 10,000
-----------------
Total, Facilities............................... 32,798
=================
Marine Operations & Maintenance:
Marine Services:
AGATE PASS (Coastal YTT) Operations........... 350
FAIRWEATHER Operations........................ 5,700
HIIALAKAI (Vindicator) Operations............. 4,200
LITTLEHALES Operations........................ 350
Marine Services (Fleet Operations)............ 68,797
NOAA Corps Pay Differential............... 1,000
Univ-Nat'l Oceanographic Lab Sys (UNOLS) (Days 2,500
at Sea--West Coast)..........................
-----------------
Subtotal, Marine Services................... 82,897
=================
Fleet Planning and Maintenance:
AGATE PASS (Coastal YTT) Maintenance.......... 250
FAIRWEATHER Maintenance....................... 800
Fleet Planning and Maintenance................ 11,277
LITTLHALES Maintenance........................ 100
-----------------
Subtotal, Fleet Planning and Maintenance.... 12,427
=================
Total, Marine Operations and Maintenance.... 95,324
=================
Aviation Operations:
Aircraft Services................................. 18,267
-----------------
Total, Aircraft Services........................ 18,267
=================
Future Health Care Benefits for Current Officers...... 1,195
=================
Total, Marine and Aviation Operations........... 114,786
=================
GRAND TOTAL PROGRAM SUPPORT--ORF................ 327,282
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan.
Truth in Budgeting.--NOAA covers the costs of certain
central services through a system of internal ``taxation''. The
costs of other central services are covered through a payment
to the Department of Commerce's Working Capital Fund. Rather
than budget for these expenses, NOAA has always skimmed funds
from program, project, and activity lines. Congressional
supporters of NOAA have been understandably frustrated by these
hidden taxes on essential programs. The Committee
recommendation eliminates the taxation system by adding new
lines under Program Support that totally fund central services.
Henceforth, funding in program, project, and activity lines
shall be available only for those programs, projects, and
activities unless NOAA submits, and Congress approves, a
reprogramming.
Information Security.--Rather than reinvent the wheel, the
Chief Information Officer [CIO] should consult with the Federal
Bureau of Investigation [FBI] on information security. Like
NOAA, the FBI started from zero on security. In the new
Security Division/Information Assurance Section, the FBI
married the right people to the right programs and brought
information security to the Bureau on time and within budget.
The CIO would benefit from the many lessons learned from the
FBI experience. The recommendation includes seed money to start
this process.

INTERNATIONAL FISHERIES COMMISSIONS

Appropriations, 2003.................................... $16,989,000
Budget estimate, 2004................................... 20,043,000
House allowance......................................... 16,989,000
Committee recommendation................................ 20,743,000

The Committee recommends an appropriation of $20,743,000.
The recommendation is $700,000 above the budget request.
This account funds the U.S. share of the expenses of
international fisheries commissions; participation in the
International Council for the Exploration of the Sea;
participation in the North Pacific Marine Sciences
Organization; travel expenses of the U.S. commissioners and
their advisors; and salaries of non-Government employees of the
Pacific Salmon Commission for days actually worked as
commissioners and panel members and alternates.
The Committee recommendations, by commission, organization,
or council, are displayed in the following table:

INTERNATIONAL FISHERIES COMMISSIONS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Antarctic Treaty...................................... 75
Commission for the Conservation of Antarctic Marine 74
Living Resources.....................................
Expenses of the U.S. Commissioners.................... 140
Great Lakes Fishery Commission........................ 12,948
Inter-American Sea Turtle Convention Commission....... 120
Inter-American Tropical Tuna Commission............... 2,100
International Commission for the Conservation of 165
Atlantic Tunas.......................................
International Council for the Exploration of the Seas. 122
International Pacific Halibut Commission.............. 2,180
International Whaling Commission...................... 116
North Atlantic Salmon Conservation Organization....... 27
North Pacific Anadromous Fish Commission.............. 104
North Pacific Marine Science Organization............. 166
Northwest Atlantic Fisheries Organization............. 156
Pacific Salmon Commission............................. 2,250
-----------------
Total........................................... 20,743
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan.
Of the amount provided for the Great Lakes Fishery
Commission [GLFC], not less than $700,000 shall be used to
eradicate lampreys in Lake Champlain. The GLFC is directed to
give priority to States that have provided matching grants when
distributing lampricide funds.

LITIGATION AND SETTLEMENT FUND

The Committee recommends an appropriation of $5,000,000.
The recommendation is $5,000,000 above the budget request.
This new account funds certain legal costs associated with
the growing number of lawsuits filed against the National
Oceanic and Atmospheric Administration [NOAA]. The funds are
only intended for extraordinary costs associated with
unanticipated filings or settlements. In the past, NOAA has had
to loot programmatic accounts to cover unbudgeted litigation
costs.

PROCUREMENT, ACQUISITION, AND CONSTRUCTION

Appropriations, 2003.................................... $678,412,000
Supplemental appropriations, 2003....................... 65,000,000
Budget estimate, 2004................................... 822,399,000
House allowance......................................... 794,059,000
Committee recommendation................................ 990,127,000

The Committee recommends an appropriation of $990,127,000.
The recommendation is $167,728,000 above the request.
Committee recommendations are displayed in the following
table:

PROCUREMENT, ACQUISITION, AND CONSTRUCTION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
NOS:
Coastal and Estuarine Land Conservation Program
(CELCP):
Discretionary................................. 2,125
Orange Beach (Robinson Island), AL............ 2,000
Brea/Tonner Creek, CA......................... 500
Elkhorn Slough/Moss Landing, CA............... 1,500
San Pablo Bay, CA............................. 1,000
Sand Hill Bluff (Santa Cruz Co.), CA.......... 2,000
Salt Island Overlook (Westbrook), CT.......... 300
Coastal Lands, HI............................. 3,000
Westwego, LA.................................. 1,600
Monomoy River (Harwich), MA................... 2,500
Chesapeake, Eastern Shore (Glatfelter 6,000
properties), MD..............................
Royal River (Yarmouth), ME.................... 1,600
Saugatuck Dunes, MI........................... 2,500
Watervale Dunes, MI........................... 3,000
Deer Island, MS............................... 2,000
Seacoast, NH.................................. 2,000
Barnegat Bay, NJ.............................. 3,000
Gunning Island, NJ............................ 1,500
Lotus Point (Lake Erie), NY................... 375
Bass Islands, OH.............................. 3,000
Grand River (Lake County), OH................. 1,000
Lake Erie Shoreline (Canal Basin), OH......... 5,000
South Slough Watershed, OR.................... 2,000
Third Beach (Middletown), RI.................. 750
Crow's Nest (Stafford Co.), VA................ 4,000
Bainbridge Island, WA......................... 3,000
Maury Island, WA.............................. 2,000
Saxine Creek/Bibon Swamp (Bayfield County), WI 750
-----------------
Subtotal, Coastal and Estuarine Land 60,000
Conservation Program.......................
=================
Estuarine Land Acquistion & Construction:
ACE Basin..................................... 4,500
Apalachicola NERR, FL......................... 1,500
Delaware NERR:
St. Jones River........................... 250
Blackbird Creek........................... 2,250
Jacques Cousteau NERR, NJ..................... 3,000
NERRS Discretionary........................... 10,000
Old Woman Creek NERR, OH...................... 400
Port Aransas, TX.............................. 3,375
-----------------
Subtotal, Estuarine Acquisition & 25,275
Construction...............................
=================
Sec. 2 (FWCA) Coastal/Estuarine Land Acquisition:
Bonneau Ferry, SC............................. 14,000
Great Bay Partnership, NH..................... 6,000
-----------------
Subtotal, Sec. 2 (FWCA) Coastal/Estuarine 20,000
Land Acquisition...........................
=================
Marine Sanctuaries Construction................... 1,625
-----------------
Subtotal, Marine Sanctuary Construction......... 1,625
=================
Other NOS Facilities:
Cedar Point Coastal Research Facility, MS..... 2,000
Fort Johnson Joint Laboratory (SCDNR) 2,000
Modernization................................
Kasitsna Bay Laboratory....................... 4,000
Marine Environmental Health Research 6,000
Laboratory Expansion & Equip.................
-----------------
Subtotal, Other NOS Facilities.............. 14,000
=================
Total NOS--PAC.............................. 120,900
=================
NMFS:
Systems Acquisition: Computer Hardware & Software. 3,492
-----------------
Subtotal, NMFS Systems Acquisition.............. 3,492
=================
Construction:
Honolulu Lab.................................. 12,000
Pascagoula Laboratory......................... 2,000
-----------------
Subtotal, NMFS Construction................. 14,000
=================
Total, NMFS--PAC............................ 17,492
=================
OAR:
Systems Acquisition: Research Supercomputing 7,550
(GFDL)...........................................
-----------------
Subtotal, OAR Systems Acquisition............... 7,550
=================
Construction: Barrow Arctic Research Center (Phase 8,500
I)...............................................
-----------------
Subtotal, OAR Construction...................... 8,500
=================
Total, OAR--PAC................................. 16,050
=================
NWS:
Systems Acquisition:
Advanced Weather Interactive Processing System 14,134
(AWIPS)......................................
Automated Surface Observing System (ASOS)..... 5,125
Next Generation Weather Radar (NEXRAD)........ 12,000
NWS Telecommunications Gateway (NWSTG) Legacy 2,870
Replacement..................................
Radiosonde Network Replacement................ 6,989
Weather and Climate Supercomputing............ 19,285
-----------------
Subtotal, NWS Systems Acquisition........... 60,403
=================
Construction: WFO Construction.................... 13,630
-----------------
Subtotal, NWS Construction...................... 13,630
=================
Total, NWS--PAC................................. 74,033
=================
NESDIS:
Systems Acquisition:
Geostationary Systems......................... 277,554
Polar Orbiting Systems........................ 391,083
NPOESS Pre-/Unplanned Product Improvements 10,510
-----------------
Subtotal, NESDIS Systems Acquisition.... 679,147
=================
Construction: Suitland Facility................... 8,217
-----------------
Subtotal, NESDIS Construction................... 8,217
=================
Total, NESDIS--PAC.............................. 687,364
=================
Program Support:
Aircraft Upgrade & Replacement:
G-IV Instrumentation Upgrades................. 4,600
Required Regulatory Upgrades to Aircraft...... 1,343
WP-3D Navigation Upgrade...................... 1,645
-----------------
Subtotal, Aircraft Upgrade & Replacement.... 7,588
=================
Fleet Upgrade & Replacement:
Fisheries Research Vessel..................... 53,000
Hiialakai (Vindicator) equipment fit out...... 2,500
Ship Acquisition, Conversion & Maintenance 5,500
(climate/hydro/fisheries/enforce/explore)....
Sonar for Long-Range Fisheries Research....... 5,700
-----------------
Subtotal, OMAO Fleet Upgrade & Replacement.. 66,700
=================
Total, Program Support--PAC................. 74,288
=================
GRAND TOTAL PAC............................. 990,127
------------------------------------------------------------------------

The Committee expects to be consulted prior to any
deviation from the above plan. Some of the Committee
recommendations displayed in the table above are described in
more detail in the following paragraphs.
Land Acquisition and Construction.--The funds included in
the Committee recommendation will be used expressly to acquire
lands or interests in lands that include significant
conservation, recreation, ecological, historical or aesthetic
values or to construct interpretive, scientific, or stewardship
facilities at the sites. In keeping with the statute, Section 2
(Fish & Wildlife Coordination Act) acquisition projects are not
dependent upon receipt of local, State, or private matching
funds.
Other NOS Facilities.--The Committee is very concerned
about the repeated delays and inaccurate cost estimates related
to the Katsisna Bay Laboratory redevelopment project. The
Committee is providing $4,000,000 to complete Phases I and II
of this project. The Committee expects that: (1) all
construction on phases I and II to be complete by September 15,
2004; (2) any cost overruns will be paid for out of the Program
Support funds related to the operation of the Under Secretary's
office; (3) no funds will be expended on activities not listed
as priority I and II items in the January 2002 Katsisna Bay
Laboratory Redevelopment Master Plan; and (4) any funds
remaining at the end of fiscal year 2004 will be deobligated
and returned to the United States Treasury.
All Hazard National Warning Network NOAA Weather Radio.--
Timely local warning of natural and man-made disasters has been
identified by the Administration as a priority. The fiscal year
2004 request seeks funds to improve the timeliness of NOAA
Weather Radio [NWR] network alerts. While the goal is
commendable, the Committee questions the method. Though NWRs
are popular in areas of the country particularly susceptible to
violent weather, less than 10 percent of Americans are reported
to own one. The Committee is aware of a number of other
technological solutions, such as telephony-based warning
systems, that could more quickly reach a far larger percentage
of at-risk populations. Before investing in NWR network
improvements, the Committee would like to review the
Administration's overall plan for emergency broadcasts.
Therefore, NOAA, in cooperation with the Federal Communications
Commission, the Department of Homeland Security, and other
relevant agencies, is directed to submit to the Committees on
Appropriations a comprehensive, inter-agency plan detailing the
costs and benefits of the various technological solutions for
timely local warning of disasters, proposed and planned
investments based upon that assessment, and performance
improvements expected.
Turbo Commander Replacement.--Rather than replace this
aircraft, NWS is directed to contract out its snow survey work.
NWS should submit its plan for doing so to the Committees on
Appropriations not later than November 1, 2003.
Fisheries Research Vessel.--The recommendation includes
full funding for the third vessel of the class to allow NOAA to
exercise an advantageously-priced contract option.

PACIFIC COASTAL SALMON RECOVERY FUND

Appropriations, 2003.................................... $129,155,000
Budget estimate, 2004................................... 90,000,000
House allowance......................................... 90,000,000
Committee recommendation................................ 90,000,000

The Committee recommends $90,000,000 for Pacific Coastal
Salmon Recovery Fund. The recommendation is identical to the
budget request. Within the funding for the Pacific Coastal
Salmon Recovery Fund, the Committee recommends $26,000,000 for
the State of Washington, $26,000,000 for the State of Alaska,
$11,000,000 for the State of Oregon, $11,000,000 for the State
of California, $8,500,000 for the Pacific Coastal Tribes,
$5,000,000 for the State of Idaho, and $2,500,000 for the
Columbia River Tribes. Of the funds provided for the State of
Alaska, $5,000,000 is for the Arctic Yukon-Kushokwim
Sustainable Salmon initiative, $1,000,000 is for construction
of salmon mitigation passes, $1,000,000 is for the Cook Inlet
Fishing Community Assistance Program, $500,000 is for the Yukon
River Drainage Association, $500,000 is for Fort Richardson
fisheries, $500,000 is for Elmendorf AFB hatcheries, $500,000
is for Fort Wainwright fisheries, $450,000 is for universal
quality standards, $450,000 is for competitive analysis of
global salmon, $250,000 is to restore the king salmon runs in
Coffman Cove, $250,000 is to enable the State of Alaska to
participate in discussions regarding the Columbia River
hydrosystem management, and $100,000 is for United Fishermen of
Alaska's subsistence program. Of the amount provided for the
State of Washington, $5,000,000 is for the Washington State
Department of Natural Resources and other State and Federal
agencies for purposes of implementing the State of Washington's
Forest and Fish Report. The funding shall be spent in
accordance with the terms and conditions of the Forest and Fish
Report and consistent with the requirements of the Endangered
Species Act and Clean Water Act. Also within the amount
provided for the State of Washington, $1,590,000 is for the
purchase of two new mass marking trailers. Of the amount
provided to the State of Oregon, $1,100,000 is for conservation
mass marking at the Columbia River Hatcheries.

FISHERMEN'S CONTINGENCY FUND

Appropriations, 2003.................................... $1,000
Budget estimate, 2004................................... 956,000
House allowance.........................................................
Committee recommendation................................ 1,000

The Committee recommends an appropriation of $1,000 for the
fishermen's contingency fund. The recommendation is $955,000
below the request. The Committee expects NOAA to cover
necessary expenses by using carryover funds.
The fishermen's contingency fund provides compensation to
U.S. fishermen for damage or loss of fishing gear and any
resulting loss because of natural or man-made obstructions
related to oil and gas exploration, development, and production
on the Outer Continental Shelf.

FOREIGN FISHING OBSERVER FUND

Appropriations, 2003.................................... $1,000
Budget estimate, 2004................................... 191,000
House allowance.........................................................
Committee recommendation................................ 1,000

The Committee recommends an appropriation of $1,000 for the
foreign fishing observer fund. The recommendation is $190,000
below the request. The Committee expects NOAA to cover
necessary expenses by using carryover funds.
Fees paid into the fund are collected from owners and
operators of certain foreign fishing vessels that fish within
the U.S. fishery conservation zone. The fund supports salaries
of U.S. observers and program support personnel, other
administrative costs, and the cost of data management and
analysis.

FISHERIES FINANCE PROGRAM ACCOUNT

Appropriations, 2003.................................... $287,000
Budget estimate, 2004...................................................
House allowance.........................................................
Committee recommendation................................................

The Committee notes that an appropriation is not necessary
for the fisheries finance program account.

Department Management

SALARIES AND EXPENSES

Appropriations, 2003.................................... $44,662,000
Budget estimate, 2004................................... 57,191,000
House allowance......................................... 44,662,000
Committee recommendation................................ 44,662,000

The Committee recommends an appropriation of $44,662,000
for Departmental Management. The recommendation is $12,529,000
below the budget request. The Committee notes that the
Department's request for fiscal year 2004 represents nearly a
19 percent increase over the fiscal year 2003 level, which
represented a 19 percent increase over the fiscal year 2002
level.

OFFICE OF THE INSPECTOR GENERAL

Appropriations, 2003.................................... $20,501,000
Budget estimate, 2004................................... 23,378,000
House allowance......................................... 22,000,000
Committee recommendation................................ 21,116,000

The Committee recommends an appropriation of $21,116,000.
The recommendation is $2,262,000 below the budget request.

General Provisions--Department of Commerce

Section 201 makes Commerce Department funds available for
advanced payments only upon certification of officials
designated by the Secretary that such payments are considered
to be in the public interest.
Section 202 makes appropriations for salaries and expenses
available for the hire of passenger motor vehicles, and for
services, uniforms, and allowances as authorized by law.
Section 203 prohibits any funds from being used to support
hurricane reconnaissance aircraft and activities that are under
the control of the U.S. Air Force or the U.S. Air Force
Reserve.
Section 204 provides the authority to transfer funds
between Department of Commerce accounts. The language provides
that no account may be decreased by more than 5 percent or
increased by more than 10 percent. The language also makes the
transfers subject to the Committee's standard reprogramming
procedures.
Section 205 permits the Department of Commerce franchise
fund to retain a percentage of earnings from services provided
for capital investments.
Section 206 provides funding for 4 grants and a cooperative
agreement.
Section 207 promotes seafood consumption.
Section 208 limits the increases the Department may request
for a certain account.
Section 209 improves a National Institute of Standards and
Technology program.
Section 210 allows the Secretary of Commerce to enter into
cooperative agreements with joint and cooperative institutes.
Section 211 terminates the interest of the Economic
Development Administration in and to certain property.
Section 212 clarifies the relationship between the National
Oceanic and Atmospheric Administration and one of its joint
labs.
Section 213 extends emergency steel loan guarantees.
Section 214 upholds the right of Congress to establish
immigration quotes.

TITLE III--THE JUDICIARY

The funds provided in title III of the accompanying bill
are for the operation and maintenance of the U.S. Courts and
include the salaries of judges, magistrates, supporting
personnel, and other expenses of the Federal judiciary.
The Committee recommends a total appropriation of
$5,076,665,000 for the judiciary. The recommendation is
$353,344,000 below the budget request. The Committee is aware
that a total of $276,200,000 in fees, reimbursables, and
carryover is available in various accounts across this title to
supplement direct appropriations, as well as additional funding
as a result of the fiscal year 2003 supplemental.
Steady growth in costs associated with defender services,
court security, GSA rental payments, and pay and benefits at a
time of declining resources continues to put serious pressure
on the judiciary budget. The Committee urges the judiciary to
make every effort to contain ``mandatory'' costs, particularly
staff salaries.

Supreme Court of the United States

SALARIES AND EXPENSES

Appropriations, 2003.................................... $45,458,000
Supplemental appropriations, 2003....................... 1,535,000
Budget estimate, 2004................................... 57,477,000
House allowance......................................... 55,360,000
Committee recommendation................................ 59,414,000

The Committee recommends an appropriation of $59,414,000
for the Justices, their supporting personnel, and the costs of
operating the Supreme Court, excluding the care of the building
and grounds. The recommendation is $1,937,000 above the budget
request.
Data Systems.--The Committee lauds the Court for their
successes in their information technology [IT] modernization
program in recent years, and believes even more emphasis should
be placed on the IT systems planned for the future. Therefore,
of the funds provided, the Committee directs that $2,500,000
shall be used for Data System Operational Support as outlined
in the budget request. The personnel required to implement,
monitor and maintain these systems will be as specified in the
paragraph below.
The Committee is aware of unfunded requirements in the
Court's automation program. The Committee believes the computer
operating system conversion is a vital cornerstone of the
Supreme Court's future efforts. The Committee is also aware
that due to the nature of the Court calendar the IT staff has a
reduced time frame within which they are able to implement
large-scale system changes. Therefore, within the funds
provided, the Committee directs $3,400,000 be expended as
described in the Data Systems Office's computer operating
system conversion project plan as presented to the Committee.
Personnel Increases.--The Committee understands the Supreme
Court's total long-term requirements for an increase in
personnel, such as increasing the security posture for the
Court, are a top priority. Therefore, within the funds
provided, the Court shall make the following personnel
increases as outlined in the budget request:

PERSONNEL INCREASES
[Dollars in thousands]
------------------------------------------------------------------------
Job description FTE Cost
------------------------------------------------------------------------
Automation Support Unit Technicians................... 2.0 $103
Systems Accountants................................... 3.0 286
Telephone Operators................................... 2.0 72
Programmer-Analyst/SW Developer....................... 1.0 54
Secretary (for Data Office)........................... 1.0 45
Library Technology Assistant.......................... 1.0 45
Special Collections Librarian......................... 1.0 45
-----------------
Total........................................... 11.0 650
------------------------------------------------------------------------

The Committee understands that by recommending approval of
the Court's request for additional Systems Accountants the
Court will use these new government employees to replace
contract personnel, at a considerable savings to the Court. The
Court is directed to report to the Committee on Appropriations
the actual amount of this savings.
Other Program Increases.--Within the funds provided, the
Committee supports the Metrocheck transit subsidy program
increase as requested. The Committee directs the Supreme Court
to submit the financial plan, to include expected annual O&M
cost, for the proposed firearms training system as soon as
these costs are determined.

CARE OF THE BUILDING AND GROUNDS

Appropriations, 2003.................................... $41,355,000
Budget estimate, 2004................................... 4,658,000
House allowance......................................... 10,591,000
Committee recommendation................................ 4,658,000

The Committee recommends an appropriation of $4,658,000 for
personnel and other services relating to the Supreme Court
building and grounds, which is supervised by the Architect of
the Capitol. The recommendation is identical to the budget
request.

U.S. Court of Appeals for the Federal Circuit

salaries and expenses

Appropriations, 2003.................................... $20,195,000
Supplemental appropriations, 2003....................... 973,000
Budget estimate, 2004................................... 22,422,000
House allowance......................................... 20,665,000
Committee recommendation................................ 20,662,000

The Committee recommends an appropriation of $20,662,000.
The recommendation is $1,760,000 below the budget request.
The Committee does not support the request for a video
conference project ($215,000) without further justification.
The Committee does, however, support the request for courtroom
renovations as described in the budget request.
The Committee supports the addition of a supervisory level
on-site deputy U.S. Marshal.
The Committee does not support a Deputy Circuit Executive
($130,000), as the budget justification has not shown a
workload need, in relation to the other Circuits, for such a
position.

U.S. Court of International Trade

salaries and expenses

Appropriations, 2003.................................... $13,609,000
Supplemental appropriations, 2003....................... 50,000
Budget estimate, 2004................................... 14,206,000
House allowance......................................... 14,068,000
Committee recommendation................................ 13,210,000

The Committee recommends an appropriation of $13,210,000.
The recommendation is $996,000 below the budget request. The
Committee understands the U.S. Court of International Trade
will have a carryover balance of $195,976 in fiscal year 2003
funds to augment this appropriation.

Courts of Appeals, District Courts, and Other Judicial Services

SALARIES AND EXPENSES

Appropriations, 2003.................................... $3,777,015,000
Budget estimate, 2004................................... 4,188,352,000
House allowance......................................... 4,004,176,000
Committee recommendation................................ 3,894,021,000

The Committee recommends an appropriation of
$3,894,021,000. The recommendation is $294,331,000 below the
budget request. Of the $294,331,000 reduction from the budget
request, $158,970,000 shall be distributed in the following
manner:

REDUCTIONS FROM REQUEST
[In thousands of dollars]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Supplies................................................ (3,000)
Non-pay Inflationary and Contractual Services........... (7,000)
Cafeteria-style Flexible Benefits....................... (15,886)
Unfunded Fiscal Year 2003 Workload Requirements......... (97,000)
Increase of 427 FTE's................................... (28,200)
Courtroom Audio Systems................................. (4,384)
Court Operations Support Center......................... (2,500)
Background checks....................................... (1,000)
------------------------------------------------------------------------

The Committee understands that $276,200,000 is available
from fees and carryforward balances to augment appropriated
amounts. As the Judiciary recomputes their actual balances in
these accounts throughout fiscal year 2003, the Committee will
expect reprogramming request within accounts as consistent with
Section 605 of this Act.
Within the amount recommended, $1,816,000 shall be used to
complete the renovation of the new Federal District Courthouse
in Natchez, Mississippi.
The Committee has seen no statistical support for the
requested staff increase. The sophisticated scientific formula
offered in the budget request does not justify such a large
increase, particularly when courts are using funds for existing
vacancies to finance automation equipment. Therefore, the
Committee does not support the request for the additional staff
members. The Committee is concerned about supporting the
current employees and ensuring no one is forced into a
Reduction-In-Force situation.
The Committee fully supports the Judiciary's budget request
for the Judiciary Information Technology Fund [JITF]. The
Committee would like to see an even greater emphasis on
automation in the local courts. To this end, the Committee
expects the full recommended appropriation for the JITF, as
reflected in the budget request, be deposited into this
account. The Committee lauds the Judicial Committee on
Information Technology (IT Committee) and their Chairman for
their successes helping the Courts run more efficiently through
the use of new automation. Of particular note, the Committee is
impressed and encouraged by the new Case Management/Electronic
Case File system [CM/ECF]. This new and innovative system
allows judges, their staffs, the bar and the general public to
work within the judicial system with greater efficiency. This
new system is currently implemented in many bankruptcy and
district courts and will soon begin implementation in the
appellate courts. The CM/ECF system is already showing its
potential to revolutionize the management and handling of case
files and within the next few years should show significant
cost savings throughout the Judiciary. The Committee on
Appropriations expect a report on the savings generated by this
program at the earliest possible date.
The Committee understands that the time required to hear
Court cases can be reduced by as much as 15 percent through the
use of new automation in the courtroom. The Committee is
concerned about the pace of courtroom modernization and urges
the Judiciary to place an increased emphasis on courtroom
technologies and accelerate the pace of modernization efforts.
The Committee has learned that many courts are in need of
additional automation support. The Judiciary receives great
benefits from the development of automation initiatives at the
local court level. These local initiatives are tremendously
beneficial to the local courts and the sharing of the
technology with other courts will realize savings to the entire
Judiciary. The Committee lauds the Office of Information
Technology for including an Information Technology Grant
program in the ``Long Range Plan for Information Technology in
the Federal Judiciary'', specifically, goal 7, initiative 1.
The Committee fully supports this program. However, the
Committee understands that even though the Judiciary has been
including requests for funds for IT grants in their ``base''
request in fiscal year 2004 and prior years, no grants have
been distributed to the courts. To assist in this effort, and
accelerate the pace of this program, the Committee directs that
no less than $2,500,000 of the funds appropriated for the JITF
be set aside specifically for the Local Initiatives Program to
be used to establish and operate a National Clearinghouse,
conduct training at the Circuit level, and provide Information
Technology Grants. These funds are also in addition to the
$339,500 the Administrative Office [AO] outlined in the fiscal
year 2004 financial plan for IT Grants and the carryforward
from the $176,200 in the fiscal year 2003 financial plan. This
program shall come under the exclusive and direct management
and oversight of the Chairman, Committee on Information
Technology. The Committee directs the AO to report to the
Committees on Appropriations the proposed process and structure
to operate the Clearinghouse, evaluate initiatives and oversee
the Local Initiatives Program, within 90 days of enactment of
this Act. In addition, the AO shall report on the status of
this program no later than April 1, 2004 and October 1, 2004.
The status report shall contain an activity report from the
Clearinghouse, a list of the courts that received the grants in
fiscal year 2003 and fiscal year 2004, the project supported,
and the amount of the grant.
Budget Decentralization.--The Committee understands that
the Judiciary's budget decentralization program is extremely
beneficial to the local courts and compliments the
Administrative Office of the U.S. Courts [AO] for its support.
This program is the only way some courts can operate. It gives
the courts some flexibility to handle situations unique to
their particular needs. The Committee expects this program to
continue.
Court Formulas.--Even though budget decentralization is a
good first step, the Committee has learned from numerous courts
that the formulas used to determine staffing requirements and
court allocations do not work. There is no place where logic is
given sufficient weight in the equation. Some courts have to
use staffing allocations just to operate the court, knowing
this adds an extra burden on the remaining staff, while other
courts have more than sufficient staffing levels. The present
formulas are not flexible enough to consider differences in
court operations. If caseload numbers are the main value of the
staffing formula the courts with unique situations do not
receive appropriate credit. In addition, formulas that only
consider the District level and not the Divisional level
seriously shortchange courts such as El Paso, which is a
division unto itself, has the highest caseload level in the
Judiciary and has a severe shortage of staff. The shortage in
staff is evident in every office, but most apparent in the
Probation and Pretrial Services office. The fact that the El
Paso court operates as smoothly as it does in such austere
conditions is a testament to the professionalism and dedication
of the Judges and staff in the court. Therefore, the Committee
sees the formula problem as a severe detriment to the courts
and directs the AO to immediately review the entire court
formula program and make the necessary adjustments. As soon as
this review is complete, but not later than March 31, 2004, a
copy of the review and recommended adjustments shall be
forwarded to the Committees on Appropriations.
Court Operations Support Center [COSC].--The Committee is
concerned about the daily operation of the COSC and as such
directs the Administrative Office to submit to the Committees
on Appropriations a report on the job classifications and grade
level of the 47 personnel assigned to the COSC. In addition,
the report shall contain a detailed financial plan outlining
the annual operating cost. This report shall be submitted no
later than May 3, 2004.

VACCINE INJURY TRUST FUND

Appropriations, 2003.................................... $2,766,000
Budget estimate, 2004................................... 3,293,000
House allowance......................................... 3,293,000
Committee recommendation................................ 3,293,000

The Committee recommends an appropriation of $3,293,000.
The recommendation is identical to the budget request.

Defender Services

Appropriations, 2003.................................... $534,961,000
Budget estimate, 2004................................... 635,481,000
House allowance......................................... 613,948,000
Committee recommendation................................ 595,006,000

The Committee recommends an appropriation of $595,006,000.
The recommendation is $40,475,000 below the budget request.
This account funds the operations of the Federal public
defender and community defender organizations and the
compensation, reimbursement, and expenses of attorneys
appointed to represent persons under the Criminal Justice Act
[CJA], as amended.
Criminal Justice Act Panel Attorney Rates.--In fiscal year
2002, the Committee provided a significant increase in CJA
panel attorney hourly rates. This large increase was funded and
approved by Congress because the hourly rates authorized in
1986 had not kept pace with inflation and many Federal judges
were reporting difficulty in finding qualified counsel willing
to accept CJA appointments at rates that were one-third to one-
half the rates charged in private practice.
This year, the request included an additional increase in
the CJA hourly rate from $90 to $113 for non-capital cases and
from $125 to $157 for capital cases. The Committee has not seen
any empirical evidence from the Administrative Office [AO] to
support such a large increase. In future budget submissions,
the AO is asked to include such data as an accompaniment to the
request. The Committee urges the AO to survey appropriate
judges and report as soon as practical to the Committee
statistical data supporting the issues as reported by the
judges.
Of the $40,475,000 reduction from the budget submission,
$15,255,000 shall be distributed in the following manner:

REDUCTIONS FROM REQUEST
[In thousands of dollars]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Panel Attorney Adjustment (2 percent)................... (989)
Panel Attorney Adjustment (2 percent)................... (258)
Supplies................................................ (397)
Panel Attorney Rate Increase............................ (10,378)
Panel Attorney Rate Increase............................ (2,633)
New Offender Offices.................................... (600)
------------------------------------------------------------------------

Fees of Jurors and Commissioners

Appropriations, 2003.................................... $54,281,000
Budget estimate, 2004................................... 53,181,000
House allowance......................................... 53,181,000
Committee recommendation................................ 53,181,000

The Committee recommends an appropriation of $53,181,000.
The recommendation reflects the judiciary's reestimate of
fiscal year 2004 requirements.
This account provides for the fees and allowances of grand
and petit jurors and for the compensation of land commissioners
and jury commissioners.

Court Security

Appropriations, 2003.................................... $266,655,000
Budget estimate, 2004................................... 311,171,000
House allowance......................................... 288,941,000
Committee recommendation................................ 266,058,000

The Committee recommends an appropriation of $266,058,000.
The recommendation is $45,113,000 below the budget request.
The Committee is concerned about the security of the U.S.
Courthouses and the safety of all judicial employees and urges
the Administrative Office [AO] to work closely with the U.S.
Marshals Service to forge an effective and lasting
accommodation to achieve this common goal. In past years
several attempts have been made to align the funding with
either the AO or the Service, or a combination of both. The
Committee has not received the study on the management of this
program and the unique relationship between the U.S. Marshals
Service and the Federal Judiciary as requested last year.
However, the Committee is anxious to assist in this area and
will review any proposal that most efficiently protects these
vital resources.

Administrative Office of the U.S. Courts

SALARIES AND EXPENSES

Appropriations, 2003.................................... $63,087,000
Budget estimate, 2004................................... 71,908,000
House allowance......................................... 66,968,000
Committee recommendation................................ 63,717,000

The Committee recommends an appropriation of $63,717,000.
The recommendation is $8,191,000 below the budget request.
Of the $8,191,000 reduction from the budget request,
$1,820,000 shall be distributed in the following manner:

The Committee understands the need for cyclical replacement
of automation equipment in the AO and lauds the Office of
Internal Services for their efforts to control inventory and
catalogue all automation equipment purchased in the AO. The
Committee is impressed as well with their diligence in holding
down costs in this area. However, the Committee understands
there is a problem controlling all new computer/automation
equipment purchased for the AO within each Directorate. This
confounds the AO's cyclical replacement process. Therefore, the
Committee does not fund the $400,000 request for additional
equipment.
The Committee has not been informed as to the AO's plan for
complying with the National Archives & Records Administration
records management requirements for the AO or the courts. The
Committee understands the present storage schedules need to be
updated to reflect current records and electronic systems.
Absent any mention in the budget request, the Committee is
concerned with funding additional program increases in the
future. The Committee urges the AO to develop a comprehensive
records management plan for the Judiciary, to include current
and outyear funding requirements, and inform the Committee of
this plan as soon as possible.
The Committee has seen no statistical support for the
requested staff increase that ties directly to the staffing
levels in the courts. The sophisticated scientific formula
offered in the budget request does not justify the request.
Therefore, the Committee does not recommend an appropriation
for the additional nine staff members ($958,000). The Committee
is more concerned with supporting the current employees and
ensuring no one is forced into a Reduction-In-Force situation.
The Committee understands the request for cafeteria-style
flex benefits has not been supported by the Authorizing
Committees. In addition, the request is not consistent in each
account throughout the Judiciary's budget submission.
Therefore, the Committee does not support the request
($432,000) at this time.
The Committee is very concerned with the unusually large
amount of funds spent on travel and travel related expenses by
AO personnel. The Committee urges the AO to take a harder look
at the amount of travel by AO personnel and attempt to realize
some cost avoidance in this area before making adjustments to
allotments to local courts. The AO shall report to the
Committees on Appropriations on a semi-annual basis the total
amount of travel funds expended by AO personnel, broken down by
Directorate.

Federal Judicial Center

SALARIES AND EXPENSES

Appropriations, 2003.................................... $20,720,000
Budget estimate, 2004................................... 21,660,000
House allowance......................................... 21,440,000
Committee recommendation................................ 22,434,000

The Committee recommends an appropriation of $22,434,000.
The recommendation is $774,000 above the budget request.
The Federal Judicial Center [FJC] improves the management
of Federal judicial dockets and court administration through
education for judges and staff and research, evaluation, and
planning assistance for the courts and the judicial conference.
The Committee lauds the FJC's education and training program as
a model for the entire judiciary.

Judicial Retirement Funds

PAYMENT TO JUDICIARY TRUST FUNDS

Appropriations, 2003.................................... $35,300,000
Budget estimate, 2004................................... 29,000,000
House allowance......................................... 29,000,000
Committee recommendation................................ 29,000,000

The Committee recommends an appropriation of $29,000,000
for payments to the Judicial Officers' Retirement Fund and the
Claims Court Judges Retirement Fund. The recommendation is
identical to the budget request.
These funds cover the estimated annuity payments to be made
to retired bankruptcy judges and magistrate judges, claims
court judges, and spouses and dependent children of deceased
judicial officers.

U.S. Sentencing Commission

SALARIES AND EXPENSES

Appropriations, 2003.................................... $12,011,000
Budget estimate, 2004................................... 13,200,000
House allowance......................................... 12,746,000
Committee recommendation................................ 12,011,000

The Committee recommends an appropriation of $12,011,000.
The recommendation is $1,189,000 below the budget request.
The purpose of the Commission is to establish, review, and
revise sentencing guidelines, policies, and practices for the
Federal criminal justice system. The Commission is also
required to monitor the operation of the guidelines and to
identify and report necessary changes to the Congress.

General Provisions--The Judiciary

The Committee recommends the following general provisions
for the judiciary, all of which were included in previous
appropriations acts.
Section 301 allows the Judiciary to expend funds for
employment of experts and consultant services.
Section 302 allows the Judiciary, subject to the
Committee's reprogramming procedures, to transfer up to 5
percent between appropriations, but limits to 10 percent the
amount that can be transferred into any one appropriation.
Section 303 limits official reception and representation
expenses incurred by the Judicial Conference of the United
States to no more than $11,000.
Section 304 provides a cost of living adjustment for
Justices and judges.
Section 305 provides a pay raise for Justices and judges.

TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

The Committee recommends an appropriation of
$8,030,612,000. The recommendation is $613,630,000 below the
budget request. Security, technology, and infrastructure
accounts have received the maximum funding deemed prudent.

Administration of Foreign Affairs

DIPLOMATIC AND CONSULAR PROGRAMS

Appropriations, 2003.................................... $3,776,848,000
Supplemental appropriations, 2003....................... 98,420,000
Budget estimate, 2004................................... 4,163,544,000
House allowance......................................... 4,099,961,000
Committee recommendation................................ 3,874,778,000

The Committee recommends an appropriation of
$3,874,778,000. The recommendation is $288,766,000 below the
budget request.
This appropriation account provides for the formulation and
execution of U.S. foreign policy, including the conduct of
diplomatic and consular relations with foreign countries,
diplomatic relations with international organizations, and
related activities. This account primarily funds the overseas
programs and operations of the Department of State.
Within the amount provided, the Committee recommendation
includes $175,000 to support the United States' membership in
the Arctic Council and $40,000 for the Bering Straits
Commission. The former includes funds for representation
expenses and travel for U.S. delegates.
The Committee recommendations, by bureau or operation, are
displayed in the following table:

DIPLOMATIC & CONSULAR PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Regional Bureaus:
Bureau of African Affairs......................... 246,974
Bureau of East Asian and Pacific Affairs.......... 249,258
Bureau of European and Eurasian Affairs........... 516,580
Bureau of Near Eastern Affairs.................... 159,800
Bureau of South Asian Affairs..................... 73,251
Bureau of Western Hemisphere Affairs.............. 242,944
Bureau of International Organization Affairs...... 50,731
Office of International Conferences............... 3,122
FSN Separation Liability Trust Fund............... 8,224
-----------------
Subtotal, Regional Bureaus...................... 1,550,884
=================
Functional Bureaus:
Ambassador's Fund for Cultural Preservation....... 1,750
Bureau of Arms Control............................ 22,969
Bureau of Consular Affairs........................ 2,438
Counterterrorism Research and Development/Office 1,800
of the Coordinator for Counterterrorism..........
Bureau of Democracy Human Rights and Labor........ 11,705
Bureau of Diplomatic Security..................... 230,822
Diplomatic Telecommunications Service Program 46,884
Office...........................................
Bureau of Economic and Business Affairs........... 26,978
Bureau of Information Resource Management......... 165,287
Bureau of Intelligence and Research............... 43,376
Bureau of Non-Proliferation....................... 24,352
Bureau of Oceans and Int'l Environmental and ................
Scientific Affairs...............................
Bureau of Political Military Affairs.............. 26,896
Bureau of Population, Refugees, and Migration..... 486
Bureau of Public Affairs.......................... 30,182
Bureau of Verification and Compliance............. 14,069
-----------------
Subtotal, Functional Bureaus.................... 649,994
=================
Management:
Office of the Secretary........................... 72,905
Deputy Secretary for Management and Resources..... 6,024
Bureau of Resource Management..................... 81,438
Office of Protocol................................ 6,050
-----------------
Subtotal, Management............................ 166,417
=================
Administration:
Bureau of Administration.......................... 332,727
Bureau of Human Resources......................... 109,304
Bureau of Human Resources--Special Complement..... 76,046
Diplomatic Readiness Initiative Year III.......... 67,428
Foreign Service Institute......................... 104,515
Continuing Overseas Language Training............. 10,000
Bureau of Legislative Affairs..................... ................
Post Assignment Travel............................ 129,484
-----------------
Subtotal, Administration........................ 829,504
=================
Offices:
Office of Foreign Missions........................ 4,273
Office of International Criminal Justice.......... 1,071
Office of International Information Programs...... 45,023
Office of International Health Affairs............ 2,000
Office of Strategic Planning for Public Diplomacy. 2,000
Office of the Legal Advisor....................... ................
Office of the Medical Director.................... 29,239
Trafficking in Persons............................ ................
-----------------
Subtotal, Offices............................... 83,606
=================
Subtotal, Diplomatic and Consular Programs, Non- 3,280,405
Security.......................................
------------------------------------------------------------------------

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

DEPARTMENT MANAGEMENT

Reprogrammings.--The Committee reminds the Department that
reprogramming notifications are required in the case of (1) a
reprogramming of funds, whether permanent or temporary, in
excess of $500,000 or 10 percent, whichever is less, between
programs or activities; (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, including consolidations, expansions, and changes
in names or designations; (6) contracting out or privatizing
any functions or activities presently performed by Federal
employees funded by this subcommittee; (7) initiating
construction projects in excess of $500,000 not specifically
approved by the Committee; and (8) adding, expanding,
converting, or altering of space in any newly constructed
facility for a period of 1 year after contract close-out of the
new facility. These requirements are clearly stated in the
introductions of the fiscal year 2003 and fiscal year 2004
Senate reports. The Committee has restated them under this
title for the convenience of the State Department.
The Committee is aware of two instances during fiscal year
2003 in which the Department of State undertook reorganizations
without submitting reprogramming requests. The first instance
involved the realignment of the Bureau of Political Military
Affairs. This change required a reprogramming under sections
(3) and (5), as stated above. The Committee did not receive the
required reprogramming request, but merely a letter of
notification from the Department, dated November 11, 2002. The
second instance involved changing the status of the Office of
International Information Programs from ``Office'' to
``Bureau''. This change required a reprogramming under section
(5), as stated above. The Committee did not receive the
required reprogramming request, but merely a letter of
notification from the Department, dated April 4, 2003. As a
consequence of the Department's failure to follow proper
reprogramming procedures, the Committee does not recognize
either change. The Committee encourages the Department to
submit the required reprogrammings to the Committee in order
that these changes, if approved, may receive rightful
consideration during the fiscal year 2005 appropriations
process.
Bureau of Democracy, Human Rights, and Labor [DRL].--The
Committee is aware that the DRL is delinquent on its
reimbursement payments to the Drug Enforcement Administration
[DEA] for the international counter-narcotics training DEA
provides to foreign narcotics law enforcement officers under an
agreement with the State Department. The Committee directs
that, within the amounts provided for DRL, $1,500,000 be
transferred to the DEA for the expenses it incurred while
carrying out its obligations under the aforementioned
agreement. The Committee directs that this joint program
continue, but directs the Department of State henceforward to
meet its financial obligations under the terms of the
agreement.
Financial Operations.--The Committee commends the
Department of State for the significant improvements it has
made in its financial operations. For the past 7 years, the
Department has had clean audited financial statements.
Additionally, the Department has streamlined and centralized
its overseas and domestic financial operations in Charleston,
South Carolina. From Charleston, the Department currently pays
over 25,000 Americans both domestically and overseas and over
35,000 local national employees in 180 different countries, bi-
weekly, in local currencies. The Office of Management and
Budget has undertaken an effort to consolidate payroll
operations among the Federal agencies. The Committee
understands that the purpose of this effort is to create
efficiencies. However, the State Department's financial
operations are vastly different from other U.S. agencies'
financial operations because they are global. Before the
Department expends any resources to consolidate payroll
operations, the Department must demonstrate to the Committees
on Appropriations that doing so would result in cost-savings to
the American taxpayers. Also, before joining a consolidated
payroll effort, the Department must submit a reprogramming, in
accordance with section 605 of this Act.

GLOBAL PRESENCE

Right-sizing.--The Department of State currently has no
comprehensive process in place for developing the staffing
projections that are essential to the right-sizing process.
Right-sizing refers to the reconfiguration of overseas U.S.
Government personnel to the minimum number necessary to support
U.S. national security interests. A key component of the
planning process for a new embassy compound is the development
of staffing projections. Staffing projections present the
number of staff likely to work in the facility and the type of
work they will perform. These are the two primary drivers of
the size and cost of new facilities. Currently, individual
embassies and consulates, in consultation with bureaus and
offices at headquarters, are responsible for developing the
staffing projections, which the Bureau of Overseas Buildings
Operations [OBO] uses to design the new compounds and prepare
funding requests. To ensure that new compounds are designed as
accurately as possible, OBO designed a system for collecting
future staffing requirements that invites the participation of
embassy personnel, officials in the regional bureaus, and
officials from other relevant Federal agencies. Embassy
management and the regional bureaus must review and validate
all projections before submitting them to OBO.
As the real property manager for all U.S. properties
overseas, OBO has become the default arbiter of all questions
pertaining to right-sizing. However, OBO is dependant on the
regional bureaus at the State Department and other U.S.
agencies for staffing projections and decisions. OBO is not in
position to validate or downscale these staffing projections,
yet is continually blamed for its tenants' ever-increasing
demand for space at overseas posts. OBO has urged headquarters,
the regional bureaus, and embassy management to develop a
framework for making staffing projections. The fact that OBO
has met with resistance at every turn has not gone unnoticed by
the Committee. Worse, an April 2003, General Accounting Office
[GAO] report found that the embassies and regional bureaus were
not even consistently utilizing OBO's system in developing
their staffing projections. The GAO report found that many
embassies had not conducted a thorough analysis of their future
staffing needs. The GAO report also found that the process of
developing staffing projections had been managed poorly both in
the field and at Department headquarters. GAO noted that
officials at post did not appear to appreciate the importance
of the staffing projection process as it relates to the size
and cost of new diplomatic facilities. Finally, the GAO report
found that none of the embassies surveyed had received formal,
detailed guidance on how to develop their projections from the
regional bureaus. Based on this, the Committee must assume that
the regional bureaus received no guidance from headquarters on
how they should assist posts in developing their projections or
on how the bureaus themselves should evaluate posts'
submissions. This GAO report raises serious concerns about the
validity of the Department's past and current staffing
projections. The Committee directs the Department to develop a
framework for conducting right-sizing analyses, including
staffing projections, that will ensure that projected needs are
the minimum necessary to support U.S. national security
interests. The Committee further directs that the framework
include the ``tiger team'' concept used by the Department to
deploy OpenNet Plus. During the deployment of this global
information technology network, tiger teams were sent around
the world to all of the embassies to install the software and
hardware and conduct the training necessary for the deployment
of OpenNet Plus. The tiger teams were critical because the
embassies had neither the time nor the expertise to do this
work themselves. The same can be said of the embassies' ability
to conduct thorough and objective evaluations of their past
staffing needs and projections of their future staffing needs.
The Committee will not entertain any reprogramming requests for
the Diplomatic and Consular Programs account before the
Department has reported on its plans for meeting this
directive.
U.S. Mission to the Republic of Kazakhstan.--The Committee
commends the United States Ambassador to the Republic of
Kazakhstan and the work he and his staff are doing in this
extremely challenging region of the world. The Committee
supports the Ambassador's decision to consolidate post
operations in Astana, after the capital of the Republic of
Kazakhstan was moved to Astana from Almaty. The Committee
supports the Ambassador's decision to leave a small presence
post in Almaty to handle local requirements and recommends such
sums as are necessary for this purpose. The Ambassador's
decision is consistent with the concepts of regionalization and
rightsizing, which the Committee believes should be more
thoroughly integrated into all Department planning.

HUMAN RESOURCES

Diplomatic Readiness Initiative.--The Committee supports
the Department's Diplomatic Readiness Initiative [DRI], under
which the Department will hire 1,158 new Foreign Service
Officers over 3 years. The initiative has allowed the
Department to better meet its full human resources requirements
and to reform its recruitment and hiring processes. The
recommendation includes $90,000,000 for the third and final
year of DRI. This amount includes $22,572,000 under Worldwide
Security Upgrades for an additional 68 consular officers, which
is identical to the amount requested. None of the funds
provided for DRI in this Act or any other appropriations Act
shall be used to hire any Foreign Service Officer who is not
available for worldwide assignment. The Committee directs the
Department to submit, no later than September 30, 2004, a
report evaluating the success of the DRI initiative and its
impact on Department operations.
Foreign Language Proficiency.--The Committee is aware of
the continued shortage of personnel at the State Department who
possess the language skills required for their positions. If
our diplomats truly are our ``first line of defense'' against
foreign threats, then their ability to converse fluently in the
languages of the countries to which they are posted is critical
to national security. Foreign language proficiency should weigh
more heavily in the determination of who is hired into and who
advances within the Foreign Service. The Committee directs the
Department to increase its emphasis on foreign language
proficiency in the hiring and promotion of Foreign Services
Officers. The Committee directs the Department to report on the
changes it makes to its hiring and promotion practices no later
than April 14, 2004.
Continuing Language Education.--Language skills ensure that
dependents of Department of State personnel are not overwhelmed
by isolation and alienation, resulting in lowered post morale.
Within available funds, the Committee recommendation directs
that $10,000,000 shall be available only for continuing
language education programs for both employees and dependents
at posts worldwide. Language classes should also be open to
non-State Department (Federal) employees on a space-available,
reimbursable basis.

DIPLOMATIC SECURITY

Worldwide Security Upgrades.--The recommendation includes a
total of $594,373,000 for Worldwide Security Upgrades. The
Committee recommendations are displayed in the following table:

WORLDWIDE SECURITY UPGRADES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Ongoing Security Activities:
Additional Consular Officers........................ 22,572
Guards/Worldwide Protection......................... 137,046
Physical Security Equipment......................... 18,912
Technical Support/Infrastructure.................... 68,932
Information/Systems Security........................ 51,825
Armored Vehicles.................................... 10,536
Personnel/Training.................................. 119,780
Chemical/Biological Program......................... 4,057
Radio Program....................................... 7,413
Perimeter Security Enhancements..................... 70,000
TOPOFF II........................................... 3,000
---------------
Subtotal, Ongoing Security Activities............. 514,073
===============
New Programs:
Secure Operations................................... 52,000
National Information Assurance Certification and 28,300
Accreditation Process..............................
---------------
Subtotal, New Programs............................ 80,300
===============
Subtotal, Worldwide Security Upgrades............. 594,373
------------------------------------------------------------------------

Some of the Committee recommendations displayed in the
table are described in more detail in the following paragraphs.
Marine Security Guard [MSG] Program.--During the 19th
century, the United States Navy was frequently called upon to
protect American lives and property in remote parts of the
world. Marine detachments took part in these operations and, on
occasion, were called upon to protect U.S. diplomatic missions.
The first such instance took place in 1835, when four marines
from the U.S.S. Brandywine were assigned to protect the U.S.
Consulate in Lima, Peru. The followng year, a single Marine was
permanently detailed to this task. Following this, legation
guard detachments were stationed at various times in Tokyo,
Seoul, and Managua. Over time, it became clear that civilian
guards were unable to maintain adequate security at overseas
missions, and the Department accordingly turned to the United
States Armed Forces. Finally, on December 15, 1948, the
Secretary of State and the Secretary of the Navy signed a
memorandum of agreement which established the present Marine
Security Guard program. Today Marines are assigned to Foreign
Service posts throughout the world.
After that, the mission of the Marine Security Guard [MSG]
detachments assigned to U.S. diplomatic facilities evolved from
one of protecting people to one of protecting information. The
reasons why this evolution was necessary have, in recent years,
been overcome by technologies that assure the integrity of
sensitive information. Terrorists have proven their ability to
plan and execute sophisticated attacks such as those carried
out in Dar Es Salaam, Tanzania and Nairobi, Kenya in 1998, New
York, Washington, and Pennsylvania in 2001, and Riyadh, Saudi
Arabia in 2003. In this new global security environment, the
primary mission of MSG detachments must be to protect embassy
personnel. The Committee commends the Department for its
efforts to revise its Memorandum of Agreement with the
Department of Defense as it pertains to the mission of Marine
Corps personnel assigned to U.S. diplomatic posts.
Growth and Planning.--The Department's security program has
grown exponentially over the last 6 years. Since 1999, the
Committee has made $3,132,600,000 available to the Department
for non-capital security alone. Also in that time, the number
of Diplomatic Security agents employed by the Department
increased by nearly 73 percent, from 782 to 1,350 personnel.
While some growth was necessary in order for the Department to
respond to the emerging threat of terrorism, growth in the
Bureau of Diplomatic Security [DS] followed no pre-developed
model or plan. Until recently, the Bureau made staffing and
resource decisions without the benefit of a comprehensive
strategy. The absence of a strategy made it impossible for the
Committee to make informed funding decisions about the
Department's security requirements. The Committee commends the
Assistant Secretary for Diplomatic Security for recognizing
this serious deficiency and for his efforts to build a staffing
model that will allow DS to become the kind of robust,
efficient, and dynamic security operation the Department needs.
The Committee received a draft strategy on June 16, 2003, and
is in the process of reviewing it.
The Department's request for Worldwide Security Upgrades
for fiscal year 2004 is $97,296,000 above the fiscal year 2003
funding level. Providing such a substantial increase and
locking these funds into specific categories in the midst of
the Assistant Secretary's top-to-bottom review would serve
neither the Department nor the American taxpayers. The
recommendation therefore includes the fiscal year 2003 level
for ongoing security activities (with the exception of
perimeter security enhancements, which is addressed in a
separate section below) plus $52,000,000 for the Center for
Antiterrorism and Security Training, as requested by the
Department in fiscal year 2003, and $28,300,000 to establish a
program for compliance with the National Information Assurance
Certification and Accreditation process requirements. The
Committee would entertain a reprogramming request, a
supplemental request, or a combination of the two to provide
for any needs that may be identified in the course of this
internal review.
TOPOFF III.--The Committee commends the Office of the
Coordinator for Counterterrorism for its performance in the Top
Officials II [TOPOFF II] national domestic counterterrorism
exercise series. The Department of State, working in
partnership with the Department of Homeland Security,
contributed to the design, development, conduct, and evaluation
of this exercise. TOPOFF II was a two-year effort which
included a series of national exercise activities and
culminated in a full-scale, no-notice exercise in May of 2003,
in Seattle, Washington, Chicago, Illinois, and in Vancouver,
British Columbia, and Ottawa, Ontario, Canada. This is the
first exercise of its size conducted by the United States in
cooperation with another country. The Committee urges the
Secretary of State to consider inviting Mexico to participate
in TOPOFF III. Within the funds made available for Worldwide
Security Upgrades, $3,000,000 is for the Department's continued
participation in the TOPOFF exercise series.
Border Security.--The recommendation includes $736,000,000,
the full amount requested, for the Department's border security
program. The border security program, funded from Machine
Readable Visa [MRV] fees paid by persons seeking non-immigrant
visas to the United States, is a critical component of the
Department's efforts to assist and protect United States
citizens overseas and safeguard the nation's borders.
Disruption of the border security program due to an MRV fee
shortfall must be avoided at all costs. The recommendation
therefore includes language providing for the automatic
transfer of funding from the Diplomatic and Consular Programs
account to the account that funds the Department's Border
Security Program in the event of continued MRV fee shortfalls
in fiscal year 2004.
Security Enhancements.--At this time of heightened threat
to American posts abroad, the benefits of the security
enhancement funds the Committee has provided to the Department
since the Dar Es Salaam and Nairobi bombings in 1998 are being
realized. Continual security upgrades to existing properties
are as important as the Department's security construction
program. Accordingly, the Committee recommendation includes
$26,600,000 above the request for perimeter security
enhancements under Worldwide Security Upgrades.
Office of Foreign Missions.--The Committee continues to
believe that the Office of Foreign Missions [OFM] would be more
appropriately aligned with other management functions within
the Department, rather than with the Bureau of Diplomatic
Security [DS]. The Committee therefore directs that OFM be
moved out of DS and placed under the Deputy Secretary of State
for Management and Resources [M].

PUBLIC DIPLOMACY

The Committee acknowledges the critical role that public
diplomacy plays both in addressing the root causes of terrorism
and in U.S. foreign relations generally.
Public Diplomacy Strategy.--In 2002, the Committee directed
the Department to promulgate a comprehensive, sustained, and
dynamic public diplomacy strategy. The Department has made
three attempts to satisfy the Committee's requirements. The
first strategy, transmitted in September, 2002, contained a
mere checklist of actions taken by the Department in the area
of public diplomacy in response to the September 11 attacks.
The second strategy, transmitted in February, 2003, articulated
the goals of the Department's public diplomacy program and
organized its public diplomacy initiatives into themes. This
document was the most useful public diplomacy planning tool
produced by the Department to date, and the Committee credits
the Special Coordinator for Public Diplomacy and Public Affairs
for his oversight of this project. The document, however, was
not forward-looking. It did not contain a plan for how the
Department's public diplomacy function should evolve to meet
emerging priorities and needs. The third strategy, transmitted
in June, 2003, is the first document to provide a solid
foundation from which the Department may now build the
comprehensive, dynamic, and sustained public diplomacy strategy
the Committee has long envisioned.
The Committee has identified at least five ways in which
the Strategy should be refined by the Department before it is
implemented. First and most importantly, the Strategy's
objectives must be tied to budgetary resources. The refined
Strategy should contain cost estimates for the programs it
entails as well as a plan for achieving its overall objectives
within a realistic budget ceiling. The refined Strategy should
also contain recommendations to the Secretary of State and to
the Committees on Appropriations on how public diplomacy
funding can be more effectively allocated in order to meet the
objectives laid out in the Strategy. In generating these
recommendations, the Office of Strategic Planning for Public
Diplomacy [OSP/PD] should consider whether the Department's
current practice of allocating the bulk of its public diplomacy
funds to the regional and functional bureaus is prudent, or
whether public diplomacy funds should be managed centrally by
the Undersecretary for Public Diplomacy.
Second, mechanisms must be built into the Strategy that
allow the Department the flexibility to shift public diplomacy
programs and resources in response to changing world events and
U.S. interests. These mechanisms could include: an
organizational structure that permits the Department to quickly
reorganize its public diplomacy assets; regular reviews to
ensure that the Department's public diplomacy programs are
consistently meeting their objectives; and modified budget
practices that permit the Department to quickly reallocate
public diplomacy resources.
Third, the Strategy must provide more guidance on how the
Department's public diplomacy components should be coordinating
their efforts. As currently written, the Strategy only
addresses the issue of coordination in the context of the
integration of the former United States Information Agency
[USIA]. The refined Strategy must clarify how the various
public diplomacy components (the Bureau of Educational and
Cultural Affairs, the regional bureaus, the Bureau of Public
Affairs, and Office of International Information Programs)
should coordinate their program planning and execution. It will
be the responsibility of the OSP/PD to ensure that this
coordination is occurring once the Strategy is implemented.
Fourth, the Strategy must do more ``thinking outside the
box''. The role of the OSP/PD must eventually be to devise
unique and innovative ways of accomplishing the Department's
public diplomacy objectives. Creative thinking will be crucial
to the achievement of one objective in particular, that of
boosting engagement with foreign publics. The Strategy
identifies increased engagement with foreign publics as a
priority, but lacks specific suggestions for how the Department
can achieve this. Even if there were a proven method of
reaching foreign publics, this method would not be successful
in every country and region of the world. If the Department is
going to surmount such challenges in pursuit of its public
diplomacy objectives, creative and strategic thinking must be
built into the Public Diplomacy Strategy.
Fifth, the Strategy must incorporate the Broadcasting Board
of Governors [BBG]. BBG brings considerable public diplomacy
experience and assets to the table. The Strategy must define
the relationship between the State Department and the BBG and
should clarify and harmonize both agencies' missions as they
relate to public diplomacy. Coordination with the BBG should be
seamless and it is the responsibility of the Undersecretary for
Public Diplomacy and OSP/PD to ensure this.
The Department is directed to submit the revised Public
Diplomacy Strategy to the Committees on Appropriations no later
than March 1, 2004.
The Committee commends the Department for including in the
Strategy a plan to expand information outreach programs to
convey to foreign publics the United States' commitment to
helping the developing nations of the world. The Committee
agrees with the Department of State that the United States must
do a better job of educating foreign publics about the size and
breadth of our international assistance and international
volunteer/service programs. Although an improved global image
is not the goal of these programs, it can and should be one of
their many benefits. In the process of refining its Public
Diplomacy Strategy, the Department should include in the
Strategy a detailed plan for how the United States'
considerable assistance to and volunteer service in developing
countries can be utilized as an effective public diplomacy
tool.
Along these lines, the Committee vigorously supports the
concept of Information Resource Centers [IRCs]. The purpose of
the Department's IRCs is to expand the advocacy information
available at embassies and to provide information to the local
communities on various development issues--essentially to serve
as the ``face of public diplomacy''. The Committee directs the
Department to expand the number of IRCs from within available
funding in the Diplomatic and Consular Programs account.
The Committee supports the Department's recent decision to
create an Office of Strategic Planning for Public Diplomacy
[OSP/PD]. The recommendation includes $2,000,000 for the
establishment and operation of this office. The OSP/PD shall be
responsible for refining the Department's Public Diplomacy
Strategy (the Strategy). Once the Strategy is complete, OSP/PD
will be responsible for overseeing its implementation and
monitoring its effectiveness. The OSP/PD will also be
responsible for making annual recommendations to the Secretary
of State and to the Committees on Appropriations on how the
Strategy may be improved. The OSP/PD is directed to submit to
the Committees on Appropriations quarterly reports on the
further development, implementation, and effectiveness of the
Strategy.
Arab-Muslim Relations Coordinating Committee.--The
recommendation includes $500,000 to establish the United
States-Arab/Muslim Relations Coordinating Committee [ARCC],
which shall constitute a subdivision of the OSP/PD. The purpose
of ARCC shall be to coordinate and evaluate the Department's
public diplomacy efforts as they relate to Arab/Muslim
countries. The ARCC shall assist the OSP/PD in developing the
Public Diplomacy Strategy to ensure that the Strategy
effectively confronts the unique challenges faced by the United
States in its relations with Arab/Muslim countries. The
Committee directs ARCC to participate in the quarterly reports
of the OSP/PD.
Cultural Antiquities Task Force.--The recommendation
includes $500,000 for the Cultural Antiquities Task Force (Task
Force). The purpose of the Task Force shall be to conduct
training for embassy staff to be sensitive to local and
regional antiquities and forms of cultural expression, to
survey press and police reports pertaining to the preservation
or theft of antiquities or forms of cultural expression, and to
provide effective reporting to chiefs of mission and bureau
heads on the preservation of the antiquities and cultures of
host nations. The Task Force should coordinate closely with the
Department's Art Theft Program and the President's Cultural
Property Advisory Committee.
Looting of Iraqi National Antiquities.--The first
undertaking of the Cultural Antiquities Task Force (Task Force)
will be to: (1) coordinate with Federal law enforcement
agencies and Interpol to prevent the further looting, damaging,
and trafficking of Iraq's historically and culturally
significant works; (2) to create a database containing the
names of persons known to have contributed to the looting,
damaging, or trafficking of any foreign country's historically
or culturally significant works, including persons who
knowingly sell or auction such works; (3) to assist various
international organizations in their efforts to compile
documentation on and create a database of works that were
looted from Iraq's museums during the United States-led
campaign to liberate Iraq; and (4) to help ensure U.S.
cooperation on international efforts to account for and recover
such works. The Secretary shall report to the Committees on
Appropriations no later than April 15, 2004 on the Department's
progress in implementing these directives and on the specific
steps that should be taken to improve the U.S.' policies and
procedures for protecting historically or culturally
significant works in the future. The Committee directs that any
person whose name appears in the database referenced in section
(2) above be excluded from receiving a non-immigrant visa for
entry into the United States. Further, the Committee directs
that all names appearing in the database referenced in section
(2) above also appear in the Department's Consular Lookout and
Support System [CLASS] database and be designated as ineligible
to receive a U.S. non-immigrant visa. Finally, the Committee
directs the Department to continue to work to keep cultural
heritage issues prominent in postwar reconstruction plans for
Iraq and to assist in recovering historically and culturally
significant objects for Iraq.
Respecting Other Cultures.--The Ambassador's Fund for
Cultural Preservation was initiated by the Committee in 2001.
The purpose of this program is to provide direct grant support,
through U.S. Ambassadors, to less developed countries to assist
them in the preservation of forms of cultural expression. Forms
of cultural expression may include historic sites and
manuscripts, museum collections, and traditional forms of
music, dance, and language. Under the program, U.S. Ambassadors
serving in less developed countries submit competitive
proposals for awards for one-time or recurring projects. Awards
are based on the importance of the site, object, or form of
expression, the country's need, and the potential of the award
to make a meaningful contribution to the society of the
country. By taking a leading role in efforts to preserve
cultural heritage, the United States shows its respect for
other cultures. As one Assistant Secretary of State said, ``The
Ambassador's Fund demonstrates in measurable ways the U.S.'
commitment to understanding and preserving the heritage of
others''. The Committee considers the Ambassador's Fund for
Cultural Preservation a vital component of U.S. public
diplomacy. The Committee recommendation therefore includes
$1,750,000 for this Fund, a significant increase over last
year. Nowhere is there a greater need to achieve understanding
than in the Middle East. Therefore, within amounts available
for the Ambassador's Fund for Cultural Preservation, at least
$700,000 is for projects in the Middle East.

GLOBAL ISSUES

Severe Acute Respiratory Syndrome [SARS].--The Committee
commends the Office of International Health Affairs [IHA] for
the excellent work it is doing in response to the SARS
epidemic. The mission of IHA is to improve global health and,
in so doing, increase security, promote economic growth, and
strengthen civil society. The United States is, by necessity, a
leader in global health affairs. The Committee commends the
Deputy Assistant Secretary for Health and Science for
recognizing the importance of communication and collaboration
among global health leaders and heads of state in the area of
emerging infectious diseases. The Department of State is
uniquely qualified to facilitate this international
collaboration. Accordingly, the recommendation includes
$2,000,000 for IHA. This funding increase will allow IHA to
hire at least 3 additional full time equivalents. The Committee
recognizes that every U.S. diplomat has the opportunity to
improve the public health of their host country through
diplomacy, public outreach and awareness activities, and
information gathering. Accordingly, the Committee directs the
Director General of the State Department to incorporate public
health training into the curriculum at the Foreign Service
Institute.
International Trade.--Every year, the State Department
attempts to pursue international trade activities that fall
under the jurisdiction of the Department of Commerce's
International Trade Administration, and in particular under the
jurisdiction of the United States and Foreign Commercial
Service. The State Department's efforts to expand its
jurisdiction in this area counters the intent of the Committee,
which notes the expansive and intractable foreign policy issues
already confronting the Department. As in prior years, no
funding is recommended for these activities.
International Child Abductions.--The Committee remains
concerned about the adequacy of the Department's efforts to
counter the serious problem of international child abductions.
The Committee directs that, henceforward, the Department
require that children over the age of 1 year old be present for
the adjudication of a United States passport. The Office of
Inspector General has determined that this small change in
policy could help prevent many cases of international child
abductions.
In addition, the recommendation includes $2,000,000 for a
grant to the National Center for Missing and Exploited Children
to develop best practice models to combat child pornography, to
create an international database to track victims of
international child pornography, and to promote information-
sharing worldwide.

OTHER

No funding is recommended for the Deputy Assistant
Secretary in charge of Brazilian/Southern Cone Affairs or for
the Office of Brazilian/Southern Cone Affairs.

CAPITAL INVESTMENT FUND

Appropriations, 2003.................................... $182,119,000
Budget estimate, 2004................................... 157,000,000
House allowance......................................... 142,000,000
Committee recommendation................................ 207,000,000

The Committee recommends an appropriation of $207,000,000.
The recommendation is $50,000,000 above the budget request. The
Information Resource Management [IRM] Central Fund, comprised
of the Capital Investment Fund [CIF] and expedited passport
fees, allows the Department of State to develop secure and
integrated Information Technology [IT] and communications
systems and to maintain its global IT and communications
infrastructures. The CIF, comprised of direct appropriations,
is reserved for new IT investments.
The Committee recommendations, by program area, are
displayed in the following table:

IRM CENTRAL FUND
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
State Messaging and Archive Retrieval Toolset [SMART]. 38,000
Modernization of Worldwide IT Infrastructure:
Worldwide OpenNet Infrastructure.................. 59,855
Worldwide Classnet Infrastructure................. 24,304
Bandwidth......................................... 50,000
Infrastructure Initiatives:
Secure Voice Program.............................. 1,057
Post High Frequency Communications................ 720
Public Key Infrastructure......................... 7,345
Other IT Infrastructure........................... 20,369
Tools for 21st Century Diplomacy.................. 7,000
Centrally Managed Infrastructure.................. 24,917
Wide Area Network [WAN]/Thin Client Prototype. 20,000
Applications and Software Development:
Integrated Logistics Management System [ILMS]..... 23,951
Global Financial Management System [GFMS]......... 5,548
Integrated Personnel Management System [IPMS]..... 11,900
Other Applications................................ 21,686
Project Management and Training....................... 4,348
-----------------
Total, IRM Central Fund......................... 321,000
------------------------------------------------------------------------

Of the funds made available for the IRM Central Fund in
fiscal year 2004, $207,000,000 is from direct appropriations
and $114,000,000 is from expedited passport fees. If fee
collections for fiscal year 2004 do not meet the projected
total of $114,000,000, the Committee directs the Department to
transfer the balance of funds from the Diplomatic and Consular
Programs account to ensure that all of the Department's IT
needs are met.
Some of the Committee recommendations displayed in the
table above are described in more detail in the following
paragraphs.
Momentum.--Providing the Department of State with state of
the art communications, data management, and knowledge
management systems has been one of the Committee's top
priorities. As a result, the Department's global IT assets are
in the best shape they have ever been in. The OpenNet Plus
initiative, which provided secure Internet access to Department
desktops worldwide, was completed in May 2003. The Classified
Connectivity Program [CCP], which replaced the Department's
obsolete classified infrastructure, is scheduled for completion
in December 2003. The Committee commends the Chief Information
Officer [CIO] of the Department and the Bureau of Information
Resource Management for their success on these two global
initiatives.
The next major global information technology [IT]
initiative that the State Department will undertake is the
State Messaging and Archive Retrieval Toolset [SMART]. SMART
will provide Department personnel sophisticated, integrated
desktop tools like modern messaging (including cabling),
archiving, and information-sharing. It will replace the
Department's ancient cabling system and integrate both the
OpenNet e-mail system and the classified CCP network. The
Committee cautions the Department not to lose momentum in its
efforts to modernize all corners of the Department's IT
infrastructure, even while facing possible funding shortfalls
in other priority areas. The recommendation includes
$38,000,000 for the SMART program, instead of the requested
$15,000,000. The Committee directs the Department to utilize
these additional funds to expedite the deployment of the SMART
system. No funds from this account shall be used to pay costs
associated with providing access to SMART or OpenNet Plus to
any other U.S. foreign affairs agency.
Maintaining the Department's Global IT Infrastructure.--The
Committee has invested hundreds of millions of dollars to
overhaul the State Department's IT infrastructure. It is the
Department's responsibility to make sure that these investments
are not lost. The Committee is aware of two steps the
Department has taken to ensure its IT infrastructure does not
fall back into disrepair. First, the Department has created the
Capital Planning and Investment Control Process. The purpose of
this process is to determine how the Department can best
utilize available resources to achieve its IT goals. The
Department is directed to provide quarterly reports to the
Committees on Appropriations on all planning and spending
decisions made as a result of this effort. Second, the fiscal
year 2004 budget request includes new ``worldwide
infrastructure'' accounts intended to protect funding for
hardware and software refresh and upgrades. In the past, the
regional bureaus have been responsible for refreshing and
upgrading their own hardware and software. This was one of the
main reasons why the Department's IT infrastructure
deteriorated so badly, as regional bureaus intrinsically place
a higher priority on programs than on infrastructure.
Tools for 21st Century Diplomacy.--Modern technology has
fundamentally changed the way the United States conducts
diplomacy. The Department's newly-overhauled information
technology infrastructure is a critical tool for today's
diplomat. The Department is now able to use technologies like
e-mail, the Internet, instant messaging, teleconferencing, and
satellite communications to execute its core missions. The
Committee urges the Department to consider how it can apply
other new technologies to the day-to-day tasks of conducting
U.S. diplomacy. To this end, the recommendation includes
$7,000,000 for the State Department to expand the use of
handheld computer devices. There are a host of possible uses
for handheld digital technology in the conduct of U.S.
diplomacy. Export control officers could use this technology in
conducting end-use checks. Consular officers could use it to
access real-time information while assisting American citizens.
Diplomats in the field could use voice-to-voice phrase
translations to help them converse in foreign languages and
dialects. The technology could serve as a mobile or at-home
warning system for embassy personnel in emergencies. Digital
photographs could be transmitted and used for purposes of
identification. Handheld devices containing blueprints of an
embassy could be used by the Foreign Emergency Support Teams
[FESTs] in rescue operations. Devices equipped with diagnostic
capabilities could be used by embassy doctors. Finally,
handheld digital technology has the potential to change the way
temporary duty assignment [TDY] personnel are deployed around
the world by removing the need for ``spare'' computer terminals
and extraneous workspace. The Committee directs the Department
to report on the use of these funds no later than 60 days after
the date of enactment of this Act.
Centralized Management of Information.--In a time of
increased threat to our overseas posts, the ability to store
and manage information (particularly classified information)
domestically can greatly enhance the security of that
information. In fiscal year 2003, the Committee provided
funding for a pilot program for a technology that will allow
the Department to minimize the amount of electronic classified
information stored at post and permit computer terminals to be
``sanitized'' of such information when not in use. The
recommendation for fiscal year 2004 includes $20,000,000 for
the Department to further develop the virtual Wide Area Network
[WAN] (also referred to as the ``Thin Client'') architecture
and prototype. This project should be developed in tandem with
and integrated into the State Messaging and Archive Retrieval
Toolset [SMART] initiative. The Committee expects the Bureau of
Information Resource Management to continue to collaborate
closely with the Bureau of Diplomatic Security and with other
relevant agencies on this project. This will ensure that any
technologies deployed by the Department meet all of the
security requirements set forth by DS and by other relevant
agencies.

OFFICE OF INSPECTOR GENERAL

Appropriations, 2003.................................... $29,074,000
Budget estimate, 2004................................... 31,703,000
House allowance......................................... 29,777,000
Committee recommendation................................ 31,703,000

The Committee recommends an appropriation of $31,703,000.
The recommendation is identical to the budget request.
Post Inspection Program.--For the past 2 years, the
Committee has denied the Department's requests to lift the
waiver of legislation mandating a 5-year post inspection cycle.
The Committee's reasoning was that the policy of inspecting
every post every 5 years, if reinstated, would lead to a
decrease in the quantity and quality of the reports on posts of
high importance to U.S. national interests. The Committee
invited the OIG to submit a report to the Committee on how OIG
might re-engineer its inspection process in order to meet a 5
year inspection cycle within existing resources. The report,
received by the Committee in July, 2003, concluded that the
OIG's proposed changes to its inspection program are not likely
to reduce costs. The report's conclusions suggest, and the
Committee agrees, that in order to remain within reasonable
funding levels, the OIG must choose between quantity and
quality. The Committee chooses quality. The waiver shall remain
in place, and the OIG is directed to put diplomatic posts of
high importance on an inspection cycle of 5 years or less, and
to conduct inspections of diplomatic posts of low importance on
an ad-hoc, problem-specific basis.
Inspections Procedures.--The Committee supports the OIG's
efforts to improve its inspections procedures, and is
particularly interested in the efficiencies that this process
might identify. The Committee is aware that, during this
process, the area of security and intelligence inspections will
receive special scrutiny. The Committee supports the evolution
of the security inspection process from one that merely
evaluates whether posts have met a series of criteria relating
to physical security to one that considers an embassy's
security profile in its totality. The Committee expects that
any new security inspection process that results from this
review will integrate risk and threat assessments. To this end,
the recommendation includes language providing that such sums
as necessary may be transferred from Worldwide Security
Upgrades account under Diplomatic and Consular Programs to the
OIG for the purpose of conducting risk and threat assessments
as part of the Inspector General's regular responsibilities for
evaluating the security of facilities and information at
overseas posts. Of the amounts transferred for this purpose,
priority should be given to information technology inspections.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

Appropriations, 2003.................................... $243,712,000
Budget estimate, 2004................................... 345,346,000
House allowance......................................... 345,346,000
Committee recommendation................................ 255,292,000

The Committee recommends an appropriation of $255,292,000.
The recommendation is $90,054,000 below the budget request. The
recommendation does not include the additional $100,040,000
requested by the Department for exchanges traditionally funded
in other appropriations bills.
This account allows the Department of State to support the
travel of approximately 8,000 Americans abroad and 17,000
foreign visitors to the United States each year for the
purposes of studying, teaching, conducting research, and
professional development. The exchange of persons promotes
friendly, sympathetic, and peaceful relations between the
United States and other countries by fostering mutual
understanding and countering anti-American sentiment.
Educational and cultural exchanges are a core component of the
State Department's public diplomacy program. Accordingly, the
majority of the educational exchanges traditionally funded in
this appropriations bill were funded above the requested level.
The Committee recommendations are displayed, by program, in
the following table:

EDUCATIONAL AND CULTURAL EXCHANGES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Academic Exchanges:
Fulbright Program................................ 132,870
Hubert H. Humphrey Fellowship Program........ [6,180]
Students, Scholars, and Teachers............. [126,690]
Global Academic Exchanges........................ 6,373
Educational Advising and Student Services.... [2,855]
English Language Programs.................... [3,518]
Special Academic Exchanges....................... 7,208
American Overseas Research Centers........... [3,708]
Disability Exchange Clearinghouse............ [500]
Dante B. Fascell North-South Center.......... [2,000]
East Timor Exchanges......................... [500]
South Pacific Exchanges...................... [500]
------------------
Subtotal, Academic Exchanges............... 146,451
==================
Professional and Cultural Exchanges:
Citizen Exchange Program......................... 17,510
International Visitor Program.................... 51,876
Special Professional and Cultural Exchanges...... 9,790
Africa Workforce Development................. [400]
Arctic Winter Games.......................... [350]
Atlantic Corridor............................ [500]
George Mitchell Scholarships Program......... [500]
Institute for Representative Government...... [500]
Irish Institute.............................. [750]
Mike Mansfield Fellowship Program............ [2,290]
Ngwang Choephel Fellows (Tibet).............. [500]
Northern Forum............................... [500]
PSC U.S.-Pakistan Educator Development [400]
Program.....................................
Seed Programs................................ [500]
Special Olympics............................. [2,000]
Winter Cities Conference..................... [600]
------------------
Subtotal, Professional and Cultural 79,176
Exchanges.................................
==================
Exchanges Support:
Employee Compensation and Benefits............... 25,410
Program Direction and Administration............. 4,255
------------------
Subtotal, Exchanges Support.................... 29,665
==================
Total, Educational and Cultural Exchanges...... 255,292
------------------------------------------------------------------------

Some of the Committee recommendations displayed in the
table above are described in more detail in the following
paragraphs.
Fulbright Program.--The Committee commends the Department
for the swift reestablishment of the Fulbright Program with
Afghanistan, after a nearly 24-year hiatus. The reactivation of
the program signifies the United States' commitment to
rebuilding the once vibrant bilateral relations in education
and culture, and acknowledges Afghanistan's resurgence as a
full partner in academic exchange. The Committee understands
that the Bureau of Educational and Cultural Exchange has
designed a 1-year, non-degree Fulbright program in the United
States for graduating university seniors and for academically
qualified women who were deprived of the opportunity for formal
study during the Taliban era. The Committee encourages the
Department to reprogram additional funds for this program
during fiscal year 2004. The Committee further encourages the
Department to stand up a Fulbright Program in Iraq as soon as
practicable.
Seed Programs.--The Committee has resumed a modest program
begun in fiscal year 2000 to provide one-time funding to
international exchange start-ups. The recommendation includes
$100,000 for each of the following programs: (1) the US/Asia
Network, (2) Bemidji State University Central Asian Institute,
(3) the Council of International Programs USA's Community
Leadership Program, (4) Mobility International USA
Clearinghouse for a program with Muslim countries, and (5)
International Education Corps.
Partnerships for Learning.--The Committee vigorously
supports exchanges that reach beyond ``elites'' to target
youth, the underprivileged, members of the international media,
and emerging leaders, as in the Partnerships for Learning [P4L]
program. The P4L program is an overarching theme for exchanges
under which resources are shifted from lower priority regions
to higher priority ones. Presently, the focus of the P4L
program is engagement with the Muslim world. Within the funding
made available for Educational and Cultural Exchanges,
$12,000,000 will fall within the auspices of the P4L program.
The Committee understands that, as part of the P4L program, the
Department intends to establish biannual seminars for foreign
journalists to study the context of policy development in the
United States.
Other.--Of the funds made available to the Council of
American Overseas Research Centers, $33,000 is for a grant for
research to develop a diamond fingerprinting technology that
will facilitate the monitoring of the international trade in
conflict diamonds.

REPRESENTATION ALLOWANCES

Appropriations, 2003.................................... $6,443,000
Budget estimate, 2004................................... 9,000,000
House allowance......................................... 9,000,000
Committee recommendation................................ 6,643,000

The Committee recommends an appropriation of $6,643,000.
The recommendation is $2,357,000 below the budget request.
Representation allowances provide partial reimbursement to
Foreign Service officers for expenditures incurred in their
official capacities abroad in establishing and maintaining
relations with officials of foreign governments and appropriate
members of local communities.

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

Appropriations, 2003.................................... $10,929,000
Budget estimate, 2004................................... 10,000,000
House allowance......................................... 10,000,000
Committee recommendation................................ 10,000,000

The Committee recommends an appropriation of $10,000,000.
The recommendation is identical to the budget request.
This account reimburses local governments and communities
for the extraordinary costs incurred in providing protection
for international organizations, foreign missions and
officials, and foreign dignitaries under certain circumstances.
The Committee directs that local jurisdictions incurring
such costs submit a certified billing for such costs in
accordance with program regulations. The Committee also
recommends that in those instances where a local jurisdiction
will realize a financial benefit from a visit from a foreign
dignitary that such circumstances should be taken into account
by the Department in assessing the need for reimbursement under
this program. The Committee expects the Department to treat
such submissions diligently and provide reimbursement to local
jurisdictions on a timely basis if claims are fully justified.

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

Appropriations, 2003.................................... $1,255,288,000
Supplemental appropriations, 2003....................... 149,500,000
Budget estimate, 2004................................... 1,514,400,000
House allowance......................................... 1,394,335,000
Committee recommendation................................ 1,416,592,000

The Committee recommends an appropriation of
$1,416,592,000. The recommendation is $97,808,000 below the
budget request. The recommendation represents a 12.8 percent
increase over fiscal year 2003. The recommendation assumes
$165,696,000 in proceeds from the sale of real property,
bringing the total amount available for this account to
$1,582,288,000.
This account allows the Department of State to manage the
United States Government's real property assets overseas in
order to provide United States diplomatic and consular missions
with secure, safe, and functional facilities. These facilities
house all United States Government employees overseas, not just
State Department personnel. The Department manages over 15,000
residential, office, and functional properties at 260
diplomatic posts, which are worth an estimated $12,500,000,000.
The Committee recommendations, by project or program, are
displayed in the following table:

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
[Dollars in thousands]
------------------------------------------------------------------------
Committee
Building size recommendation
------------------------------------------------------------------------
Worldwide Security Upgrades:
Capital Projects............... ................ 747,800
Accra, Ghana............... small [55,000]
Algiers, Algeria........... small [60,000]
Beirut, Lebanon............ small [38,000]
Belgrade, Serbia and small [70,000]
Montenegro.
Berlin, Germany............ large [128,000]
Lome, Togo................. small [58,500]
Karachi, Pakistan.......... medium [89,700]
Panama City, Panama........ large [118,000]
Rangoon, Burma............. medium [76,500]
Surabaya, Indonesia........ small [54,100]
Other Site Acquisitions and ................ 52,000
Planning.
Compound Security.............. ................ 100,000
Security of U.S.-Affiliated ................ 40,000
Facilities.
Consular Workspace Improvement ................ 12,500
Initiative.
Main State/Domestic Renovations ................ 25,000
------------------------------------
Subtotal, Worldwide Security ................ 977,300
Upgrades.
====================================
Operations:
Planning and Development....... ................ 8,865
Real Estate and Property ................ 6,150
Management.
Project Execution.............. ................ 91,430
Construction and ................ [26,243]
Commissioning.
Design and Engineering..... ................ [16,387]
Energy Conservation........ ................ [4,000]
Seismic Program............ ................ [1,200]
Security Management........ ................ [31,650]
Interiors and Furnishings.. ................ [11,950]
Operations and Maintenance..... ................ 351,500
Leaseholds................. ................ [100,000]
Buyout of Uneconomic Leases/ ................ [55,000]
Opportunity Purchases.
Maintenance and Repair of ................ [73,500]
Buildings.
Art in Embassies Program... ................ [1,500]
Facilities Rehabilitation ................ [41,000]
and Support System
Replacement.
Facility Management........ ................ [60,000]
Fire Protection............ ................ [8,700]
Safety, Health, and ................ [3,700]
Environmental Management.
Post Communications........ ................ [8,100]
Information Management and ................ 18,025
Support.
------------------------------------
Subtotal, Operations......... ................ 475,970
====================================
Headquarters: Salaries and Training ................ 7,500
------------------------------------
Subtotal, Headquarters....... ................ 7,500
====================================
Total, Embassy Security ................ 1,460,770
Construction and Maintenance.
------------------------------------------------------------------------

Of the funding made available for capital projects,
$44,178,000 is from unobligated balances in the asset
management account. Of the funding made available for
facilities rehabilitation, $300,000 is for the renovation of
the cafeteria kitchen at U.S. Embassy Mexico. The Committee
notes that this is less than half the cost of kitchen
renovations undertaken in Department-provided housing for the
U.S. Mission to the United Nations. Some of the Committee
recommendations displayed in the table above are described in
more detail in the following paragraphs.
Budgeting Practices.--The Committee commends the Bureau of
Overseas Buildings Operations for its efforts to fence funding
for security projects by limiting the use of worldwide security
upgrades funding only for capital projects that are included in
the Long-Range Overseas Building Plan [LROBP]. However, in the
post-September 11 world, any construction project that the
United States undertakes overseas, no matter what the country,
is related to security in some form or fashion. The distinction
between security capital projects and non-security construction
is, consequently, an empty one. In fiscal year 2003, the
Department requested funding for the new office building [NOB]
in Beijing, China under the non-security construction account.
In fiscal year 2004, the Department requesting funding for an
NOB in Berlin, Germany under the non-security construction
account. Requesting these projects under the non-security
construction account implies that they are not security-driven.
The recommendation eliminates the distinction between the two
accounts and directs that, henceforward, projects receiving
worldwide security upgrades funding not be limited to projects
included in the LROBP.
Asset Management Funds.--The asset management account was
established to segregate the proceeds of sale of real property
from direct appropriations and reimbursements to the Embassy
Security, Construction, and Maintenance account. Asset
management funds are used exclusively for the purchase of
properties or the construction of facilities overseas. The
Committee directs the Department to provide the same level of
detail in its budget request for projects requested under the
assets management account as those under the capital projects
account. As in past years, no new funding is recommended for
this account.
The Committee recommendations for funds available within
the asset management account are displayed in the following
table:

ASSET MANAGEMENT
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Beijing, China New Compound Site...................... 16,096
Kingston, Jamaica Office Building and Housing......... 10,822
Luanda, Angola New Embassy Complex.................... 51,000
New Delhi, India Housing Expansion.................... 1,000
New Delhi, India Power Plant Upgrade and Expansion.... 2,600
Sao Paulo, Brazil Project Cost Difference and GSO 15,000
Warehouse............................................
Taipei, Taiwan New Office Compound.................... 25,000
-----------------
Total, Asset Management Funding................. 121,518
------------------------------------------------------------------------

Soft Targets.--In fiscal year 2003, the Committee directed
the Department of State to formulate a strategy for addressing
threats to overseas facilities that are frequented by Americans
or symbolic of the United States, but that are not official
U.S. facilities. The Committee that year provided $15,000,000
for the Department to begin addressing the security
vulnerabilities of these so-called ``soft targets''. The
recommendation for this initiative for fiscal year 2004 is
$40,000,000.
The May 2003, suicide attacks against Western housing
compounds in Riyadh, Saudi Arabia highlight the growing problem
of soft targets. The attacks, which killed 10 Americans, were
directed not at the U.S. Embassy, but at the employees and
their families of a U.S.-based company. The attacks demonstrate
that an inverse relationship exists between the security of our
embassies and the security of non-official facilities: as our
embassies become more heavily fortified, non-official U.S.-
affiliated facilities overseas become more attractive targets
to terrorists. The Riyadh attacks underscore the urgent need
for the Department to complete its strategy for addressing the
problem of soft targets. The Committee directs that the
strategy examine the problem of threats to properties owned or
controlled by private and commercial U.S. entities. The
strategy should include guidelines for how posts will interface
and coordinate with representatives of U.S. businesses
operating in high-threat areas to ensure that the Department is
providing them as much support as is necessary and feasible.
The Committee continues to be extremely concerned about the
safety of American schools abroad, including international
schools attended by American children. Accordingly, within the
funding made available to address the security vulnerabilities
of soft targets, $20,000,000 is for security enhancements at
overseas schools. These funds shall be made available, on the
basis of need, to overseas schools that do not receive
financial assistance from the U.S. Department of State, as well
as those that do receive such financial assistance. Funds shall
be used to provide security enhancements desired by the
schools, including contract security guards and rapid response
teams.
The Department is directed to consult with the Committee
prior to the release of any of the funds provided for purposes
described in this section, in accordance with section 605 of
this Act.
Consular Workspace Improvement Initiative.--The
Department's consular mission is critical to our national
security. Consular workspace must be adequately sized and
outfitted in order to ensure that the processing of visas and
visa applicants takes place in an organized and efficient
manner. To ensure this, and to improve the overall working
environment for Consular Affairs Officers, the Committee in
fiscal year 2003 created the Consular Workspace Improvement
Initiative. The quality of consular workspace and the
efficiency and accuracy of consular work are directly linked.
There is an immedite and growing need for additional consular
windows and interview space, enlarged reception and waiting
areas, office space, and document storage space, particularly
in light of the many new requirements imposed on Consular
Affairs in the wake of September 11, 2001. The Department
should once again identify posts for consular workspace
rehabilitation where errors in visa issuance present the
greatest threat to our national security, as determined by the
Bureau of Overseas Buildings Operations [OBO] in consultation
with the Bureau of Consular Affairs. Within funding made
available under Worldwide Security Upgrades, $12,500,000 is for
this initiative.
Buyout of Uneconomic Leases.--High lease costs deplete
Department resources. By selectively acquiring properties in
cities with volatile rental markets, the Department can
generate significant out-year savings. The Committee
recommendation therefore provides $55,000,000 for opportunity
purchases and directs OBO to aggressively pursue opportunities
to purchase properties rather than lease, whenever practicable.

CONSTRUCTION PROJECTS

Rio de Janeiro, Brazil.--In 2002, the Department decided to
consolidate Rio de Janeiro operations into leased facilities,
rather than construct a new embassy building. This decision has
left the Department holding several properties in Rio de
Janeiro that it cannot sell due to a 1991 Brazilian law that
requires individuals and businesses to be current on their
social security payments to the Government of Brazil before
they can legally transfer property title. In 1996, the State
Department discontinued the payment of employer contributions
into the Brazilian Social Security System [INSS] for Foreign
Service National [FSN] employees because the Department deemed
INSS to be fiscally unsound. The Department set up its own
pension system for FSN's. As a result, the United States now
``owes'' approximately $10,000,000 in arrears to the Government
of Brazil. The Committee commends the Department for its
principled stance on this matter. The Committee directs the
Department not pay the INSS arrears, either through a transfer
of funds or properties, and to lease all Department-owned
properties in Rio de Janeiro. Further, the Committee directs
the Department to close the United States Consulate General in
Rio de Janeiro. The recommendation includes, out of asset
management funds, $11,000,000 for the funding shortfall
associated with the Sao Paulo, Brazil construction project that
has occurred as a result of the Brazilian Government's refusal
to allow the Department to sell the Rio de Janeiro properties
and $4,000,000 for the cost of constructing a General Services
Operations [GSO] warehouse and embassy cafeteria, which were
inadvertently omitted from the original building plan for Sao
Paulo.
Beirut, Lebanon.--Since it was bombed over 20 years ago,
United States Embassy Beirut has had to operate under extremely
difficult conditions. The buildings on the compound are unsafe,
rusting, and badly deteriorated. The embassy is overcrowded,
with people even working in a windowless basement next to old
mechanical equipment. Embassy operations are also scattered
among several trailers, themselves badly deteriorated, that
were set up on the compound 17 years ago. Since Lebanon's civil
war ended in 1976, an improved security environment has led to
a dramatic expansion of embassy operations and staffing to meet
U.S. policy objectives. Conditions conducive to full operations
will likely prevail over the next decade and beyond. The
Committee recognizes an urgent need to replace the current ad
hoc embassy buildings with a modern chancery building. The
Committee does not concur with the Department's decision to
move the embassy to a new location outside the city. The
recommendation includes $38,000,000 to demolish the unfinished
abandoned facility, to erect temporary facilities and for costs
associated with site preparation and initial security.
Kingston, Jamaica.--The Committee supports the Department's
decision to consolidate the operations of the United States
Embassy in Kingston, Jamaica which are currently divided among
three buildings in the city. The Department intended to
renovate the recently-purchased, 10-story Crown Plaza Hotel to
provide space for a chancery and staff housing. The Committee
provided $71,800,000 for this project in fiscal year 2003. The
Committee no longer believes that this plan is sound, and
directs the Department to construct a new medium office
building on an 8-acre property already owned by the Department.
The Committee further directs that the Crown Plaza Hotel be
utilized entirely for staff housing. The recommendation
includes an additional $10,822,000 out of asset management
funds for the cost difference of this revised plan, bringing
the total amount available for Kingston to $82,622,000.
Belgrade, Serbia and Montenegro.--The Committee is aware of
the pressing need to construct a new embassy compound in
Belgrade, Serbia and Montenegro. During the 78 days of the
NATO-led intervention in Yugoslavia (now Serbia and
Montenegro), the United States embassy was badly vandalized and
suffered extensive damage when water pipes burst. The
Department has requested funding to construct a large office
building (11,300 square meters or greater) on a new site in
downtown Belgrade. The Office of Overseas Building Operations
Long Range Overseas Building Plan [LROBP], issued in July,
2002, lists the future United States embassy in Belgrade as a
medium building (between 7,400 and 11,300 square meters). An
April, 2003, General Accounting Office [GAO] report suggests
that the Department did not conduct a comprehensive assessment
of the number and types of State Department personnel this new
building should accommodate. In light of the unexplained change
in the size of this project from the LROBP to the fiscal year
2004 request, the Committee agrees with the GAO. The
recommendation therefore includes $70,000,000 for the
Department to construct a small office building, (4,300 square
meters or less) in Belgrade.
Berlin, Germany.--The recommendation includes $128,000,000
within the security construction account for costs associated
with the design and construction of a new chancery on the
historic Pariser Platz in Berlin, Germany. The new office
building [NOB] will house all of the operations of United
States Embassy Berlin, Germany, with the exception of the
embassy's warehouse and General Services [GSO] functions. The
Committee directs the Department to construct a large office
building, rather than the ``extra-large'', 23,900 square meter
building proposed by the Department. The Committee directs that
all positions not required to be in Berlin be relocated to the
United States Consulate General in Frankfurt, Germany. With the
Committee's support, the Department has purchased and renovated
additional, spacious facilities in Frankfurt to serve as a
``hub'' for the Department's regional operations. The
Department itself proposed to the Committee the option of
relocating some personnel from Berlin to Frankfurt because of
the expected size constraints of the NOB in Berlin.
The Committee understands that, in directing the Department
to ``change course midstream'' and construct a smaller-sized
office building, approximately $12,000,000 in work on the
building design will be lost. The Committee is willing to
accept this loss, and points out that approximately $62,000,000
will be saved as a result of this decision to downsize. The
Committee further points out that the Department directed the
Bureau of Overseas Buildings Operations to move forward with
the Berlin project without the required waiver in place and
without consulting the Committees on Appropriations on this
politically sensitive decision.
No funds shall be obligated for the design or construction
of a new chancery in Berlin until both of the necessary
security waivers are signed and transmitted to the Committees
on Appropriations.
Karachi, Pakistan.--The recommendation includes $89,700,000
for the Department to construct a new Consulate General
building in Karachi, Pakistan. The design/construction phase of
this project was not scheduled to begin until fiscal year 2005.
However, the Committee directs that it begin in fiscal year
2004. The building presently occupied by Consulate General
Karachi was built in 1960. Employees of the Consulate General
have come under attack on four separate occasions during the
last decade. On two such occasions, the Consulate building
itself was attacked. The most recent attack occurred in
February, 2003, when a gunman opened fire on the police
assigned to provide perimeter security for the Consulate. In
May, 2003, United States and Pakistani authorities broke up the
plan of 6 suspected Al Qaeda members to fly an explosives-
packed aircraft into Consulate General Karachi. The Committee
deems the Consulate to be in urgent need of reconstruction. The
Committee has provided funds for this project instead of the
three United States Agency for International Development
construction projects requested by the Department in fiscal
year 2004. The Committee will not assume responsibility for
these projects, which fall rightfully under the jurisdiction of
another appropriations subcommittee.
Reprogrammings.--The Department is directed, under the
terms and conditions that follow, to submit for the Committee's
review and approval within 60 days of enactment of this Act
only those projects or subaccounts funded under this account,
whether from direct appropriations or proceeds of sales, that
deviate from the above chart and accompanying direction. Any
deviation shall include project-level detail and shall be
treated as a reprogramming under section 605 of this Act in the
case of any addition greater than $500,000, a deletion, a
project cost overrun exceeding 25 percent, or a project
schedule delay exceeding 6 months. Reprogramming requirements
also extend to the ``rebaselining'' of a given project's cost
estimate, schedule, or scope of work. By focusing the financial
plan only on deviations, the Committee expects the Bureau of
overseas buildings operations to move projects toward contract
obligation promptly after funds are appropriated. Immediate
access to funds for projects or activities that are unchanged
from the above chart will allow the Department to negotiate
contracts and obligate funds more efficiently over the course
of the fiscal year.

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

Appropriations, 2003.................................... $6,458,000
Supplemental appropriations, 2003....................... 50,000,000
Budget estimate, 2004................................... 1,000,000
House allowance......................................... 1,000,000
Committee recommendation................................ 1,000

The Committee recommends an appropriation of $1,000. The
recommendation is $999,000 below the budget request. A total of
$50,000,000 was appropriated for this account in the fiscal
year 2003 supplemental (Public Law 108-11). The Committee notes
that approximately $22,665,000 in prior year unobligated
balances will be available for this account in fiscal year
2004.
This account provides resources for the Department of State
to meet emergency requirements while conducting foreign
affairs. The Committee recommendation provides funds for: (1)
travel and subsistence expenses for relocation of Americans,
U.S. Government employees, and their families from troubled
areas to the United States and/or safe-haven posts; (2)
allowances granted to State Department employees and their
dependents evacuated to the United States for the convenience
of the Government; (3) payment of rewards for information
concerning terrorists and war criminals; and (4) representation
expenses for senior Administration officials.

REPATRIATION LOANS PROGRAM ACCOUNT

Appropriations, 2003.................................... $1,211,000
Budget estimate, 2004................................... 1,219,000
House allowance......................................... 1,219,000
Committee recommendation................................ 1,219,000

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

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

Appropriations, 2003.................................... $18,330,000
Budget estimate, 2004................................... 19,773,000
House allowance......................................... 18,782,000
Committee recommendation................................ 19,893,000

The Committee recommends an appropriation of $19,893,000.
The recommendation is $120,000 above the budget request.
The Taiwan Relations Act requires that programs concerning
Taiwan be carried out by the American Institute in Taiwan
[AIT]. The Institute administers programs in the areas of
economic and commercial services, cultural affairs, travel
services, and logistics. The Department of State contracts with
the AIT to carry out these activities.

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

Appropriations, 2003.................................... $138,200,000
Budget estimate, 2004................................... 134,979,000
House allowance......................................... 134,979,000
Committee recommendation................................ 134,979,000

The Committee recommends an appropriation of $134,979,000.
The recommendation is identical to the budget request.
This appropriation is authorized by the Foreign Service Act
of 1980 which provides for an appropriation to the fund in 30
equal annual installments of the amount required for the
unfunded liability created by new benefits, new groups of
beneficiaries, or increased salaries on which benefits are
computed.

International Organizations and Conferences

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

Appropriations, 2003.................................... $860,371,000
Budget estimate, 2004................................... 1,010,463,000
House allowance......................................... 1,010,463,000
Committee recommendation................................ 921,888,000

The Committee recommends an appropriation of $921,888,000.
The recommendation is $88,575,000 below the budget request. The
recommendation assumes $11,681,000 in U.N. buydown and
$7,000,000 in carryover from the fiscal year 2002 supplemental
(Public Law 107-206), bringing the total amount available for
this account to $940,569,000.
This account funds payment of the obligations of United
States membership in international organizations as authorized
by treaties or specific acts of Congress.
The Committee recommendations, by organization, are
displayed in the following table:

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
United Nations and Affiliated Agencies:
Food and Agriculture Organization [FAO]........... 72,457
International Atomic Energy Agency [IAEA]......... 54,282
International Civil Aviation Organization [ICAO].. 12,464
International Labor Organization [ILO]............ 50,425
International Maritime Organization [IMO]......... 1,189
International Telecommunication Union [ITU]....... 6,558
United Nations--Regular Budget.................... 328,921
United Nations--War Crimes Tribunals.............. 27,213
United Nations--War Crimes Commissions............ 2,000
Universal Postal Union [UPU]...................... 1,316
World Health Organization [WHO]................... 93,615
World Intellectual Property Organization [WIPO]... 880
World Meteorological Organization [WMO]........... 8,318
-----------------
Subtotal, U.N. and Affiliated Agencies.......... 659,638
=================
Inter-American Organizations:
Inter-American Institute for Cooperation on 16,560
Agriculture [IICA]...............................
Organization of American States [OAS]............. 54,196
Pan American Health Organization [PAHO]........... 56,367
Pan American Institute of Geography and History 324
[PAIGH]..........................................
-----------------
Subtotal, Inter-American Organizations.......... 127,447
=================
Regional Organizations:
Asia-Pacific Economic Cooperation [APEC].......... 601
Colombo Plan Council for Technical Cooperation 15
[CPCTC]..........................................
NATO Parliamentary Assembly....................... 635
North Atlantic Treaty Organization [NATO]......... 46,695
Organization for Economic Cooperation and 62,463
Development [OECD]...............................
The Pacific Community [PC]........................ 1,048
-----------------
Subtotal, Regional Organizations................ 111,457
=================
Other International Organizations:
Customs Cooperation Council [CCC]................. 2,770
Hague Conference on Private International Law 111
[HCOPIL].........................................
International Agency for Research on Cancer [IARC] 1,692
International Bureau of the Permanent Court of 21
Arbitration [IBPCA]..............................
International Bureau for the Publication of 89
Customs Tariffs [IBPCT]..........................
International Center for the Study of the 692
Preservation and Restoration of Cultural Property
[ICCROM].........................................
International Coffee Organization [ICO]........... 500
International Cotton Advisory Committee [ICAC].... 256
International Hydrographic Organization [IHO]..... 84
International Institute for the Unification of 98
Private Law [IIUPL]..............................
International Rubber Study Group [IRSG]........... 124
International Seed Testing Association [ISTA]..... 7
International Tropical Timber Organization [ITTO]. 195
International Union for the Conservation of Nature 260
and Natural Resources [IUCN].....................
International Union for the Protection of New 166
Varieties of Plants [UPOV].......................
Organization for the Prohibition of Chemical 19,764
Weapons [OPCW]...................................
World Trade Organization [WTO].................... 15,198
-----------------
Subtotal, Other International Organizations..... 42,027
=================
Total, Contributions to International 940,569
Organizations..................................
------------------------------------------------------------------------

Some of the Committee recommendations displayed in the
table are described in more detail in the following paragraph.
United Nations Regular Budget.--The Department has
requested $340,700,000 for the United States' assessed share of
the United Nations' [U.N.] regular budget for the second
calendar year of the 2002-2003 biennium. This is $61,373,000
above the fiscal year 2003 enacted level. This increase is
explained by the need for enhanced security measures for U.N.
headquarters and U.N. duty stations, a new U.N. operation in
Afghanistan, costs relating to the Counter-terrorism Committee,
and revised estimates for rates of inflation and exchange. The
recommendation supports these increases, as they are either
unavoidable or the result of activities endorsed by this
Committee.
The recommendation does not include funding for the United
States share of costs associated with the U.N. Human Rights
Commission, approximately $11,779,000. The makeup of the Human
Rights Commission has gone unquestioned by the leadership of
the United Nations for too long. Elections held in April, 2003
continued the domination of the Human Rights Commission by
nations that are known human rights violators. The Committee
refuses to allow American tax dollars to be spent in support of
an organization that serves merely to provide an air of
legitimacy to nations that commit the very crimes this
organization was created to combat.
Within the funding made available for the United States'
contribution to the United Nations regular budget, $10,000,000
is for the reimbursement of the city of New York for the
unanticipated costs it incurred providing protection to foreign
officials associated with the United Nations in the aftermath
of September 11, 2001.
United Nations Educational, Scientific and Cultural
Organization [UNESCO].--The recommendation does not include
funding for United States membership to UNESCO. The United
States withdrew from UNESCO in 1984 because of concerns over
chronic corruption, rampant budgetary mismanagement, anti-
Western bias, inappropriate politicization, misinformation
campaigns, and flagging results from the organization. Last
fall, the Administration announced that the United States would
rejoin UNESCO because it had reformed. While the Committee
agrees that the current Director General has been able to
implement some reforms, the Committee does not consider UNESCO
reformed. The Committee is aware that approximately 60 percent
of UNESCO's biennial budget goes to personnel, while programs
receive only 40 percent. The Department of State itself called
UNESCO's lack of consistency in presentation of personnel and
program costs ``a problem.'' The Director General has admitted
that UNESCO's mission and programs are too broad and duplicate
the efforts of many other international organizations. The
Department of State has not made the case to the Committee
either that UNESCO has reformed or that membership confers
sufficient benefits to the United States to justify the cost of
rejoining, $88,100,000 in fiscal year 2004. (Due to exchange
rate fluctuations affecting the value of the dollar versus the
euro, and because UNESCO adopted a budget of $610,000,000
instead of a zero nominal growth budget of $544,000,000, the
United States' full assessment for UNESCO is estimated to be
$16,700,000 higher than the $71,400,000 requested by the
Department in its fiscal year 2004 budget submission.)
The Committee directs the Office of Inspector General of
the Department of State to conduct an annual audit of UNESCO to
determine the status of reform; the qualifications of UNESCO's
staff; its procedures for hiring and promoting personnel; the
ability of UNESCO's inspector general (or the equivalent
authority) to conduct impartial, detailed, and accurate audits;
a detailed breakdown of expenditures; and how United States
membership would advance both the goals of the organization and
the priorities of the United States.
Organization for Economic Cooperation and Development
[OECD].--The Committee is aware of an instance in which the
OECD released a report on a particular subject which, at the
time of release, was being debated in the U.S. Congress. The
Committee understands that the release of this report was not
intended to coincide with congressional action on the issue.
However, the release of the report nevertheless unduly
influenced congressional debate on the matter. Such scenarios
must be prevented in the future. Accordingly, the Committee
directs that the United States' Permanent Representative to the
OECD hereafter submit to the Committees on Appropriations each
list of OECD reports that is submitted by the OECD to the
United States' Permanent Representative to the OECD and the
Interagency Committee for U.S. approval. This list of reports
should be provided to the Committee immediately after it is
transmitted to the United States' Permanent Representative to
the OECD. The Committee further directs that the United States'
Permanent Representative to the OECD submit to the Committee
the list of OECD reports that the United States' Permanent
Representative to the OECD and the Interagency Committee have
approved and disapproved. The list of approved and disapproved
reports should be transmitted to the Committee 15 days prior to
the United States' Permanent Representative to the OECD's and
the interagency committee's notification to the OECD of their
approval or disapproval of any OECD reports.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

Appropriations, 2003.................................... $669,331,000
Budget estimate, 2004................................... 550,200,000
House allowance......................................... 550,200,000
Committee recommendation................................ 482,649,000

The Committee recommends an appropriation of $482,649,000.
The recommendation is $67,551,000 below the budget request.
The recommendation assumes that $43,700,000 in United
States peacekeeping credits will be available in fiscal year
2004. The credits are due to the Committee's disapproval of a
Department of State request to reprogram fiscal year 2003
funding for a United Nations activity for which no funding was
requested in the President's fiscal year 2003 budget
submission. The recommendation assumes the availability of
these funds for use toward the United States' fiscal year 2004
United Nations peacekeeping obligations. This amount, when
combined with the recommendation, brings the total amount
available for Contributions for International Peacekeeping
Activities to $526,349,000, the maximum funding deemed prudent
for this account. The recommendation also reflects the
Committee's directive that the war crimes tribunals complete
their work by a date certain.
This account provides funds for the United States' share of
the expenses of United Nations peacekeeping operations. The
Committee recommendations, by mission, are displayed in the
following table:

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
U.N. Disengagement Observer Force on the Golan Heights 10,065
[UNDOF]..............................................
U.N. Interim Force in Lebanon [UNIFIL]................ 30,795
U.N. Iraq/Kuwait Observer Mission [UNIKOM]............ 4,784
U.N. Mission for the Referendum in Western Sahara 10,785
[MINURSO]............................................
U.N. Mission in Kosovo [UNMIK]........................ 85,225
U.N. Peacekeeping Force in Cyprus [UNFICYP]........... 5,809
U.N. Observer Mission in Georgia [UNIMOG]............. 8,998
U.N. Mission in Sierra Leone [UNAMSIL]................ 84,014
U.N. Transitional Administration in East Timor 9,358
[UNTAET].............................................
U.N. Operations in the Democratic Republic of Congo 210,012
[MONUC]..............................................
U.N. Mission in Ethiopia and Eritrea [UNMEE].......... 53,504
War Crimes Tribunal Rwanda............................ 6,000
War Crimes Tribunal Yugoslavia........................ 7,000
-----------------
Total, Contributions for International 526,349
Peacekeeping Activities........................
------------------------------------------------------------------------

None of the funds provided under this heading shall be
obligated until the Department has submitted a reprogramming,
pursuant to section 605 of this Act, and the Committee has
acted upon such reprogramming.
War Crimes Tribunals for the Former Yugoslavia and
Rwanda.--The United Nations [U.N.] established the
International Criminal Tribunal for the former Yugoslavia
[ICTY] in 1993 and the International Criminal Tribunal for
Rwanda [ICTR] in 1994 in response to the serious violations of
international humanitarian law committed in these countries.
The purpose of the tribunals is to prosecute war crimes that
occurred in these countries and to punish those who oversaw the
atrocities or participated in them extensively.
People who commit mass atrocities must be brought to
justice. This is the underlying principle of the war crimes
tribunal--a principle which the Committee vigorously supports.
The Committee also supports the concept of the war crimes
tribunal, but only when the war crimes tribunal has a discrete
topic and a discrete set of cases that have been approved by
the U.N. Security Council. When structured this way, a war
crimes tribunal's reach does not become overly-broad and its
prosecutions politicized. The Special Court for Sierra Leone is
an example of such a war crimes tribunal.
Both ICTY and ICTR have been criticized for being slow and
unprofessional, for having inadequate staff, for the passivity
of their judges, and for their insufficient oversight of
expenditures and employees. The United States has invested
$260,262,000 in these two war crimes tribunals to date. Yet, as
with so many U.N. endeavors, the Yugoslavia and Rwanda war
crimes tribunals have had to answer to no one. The Committee
commends the Department of State for its willingness to
constructively criticize the Yugoslavia and Rwanda war crimes
tribunals. While some members of the international community
believe that this criticism ``interferes'' with the work of the
tribunals, this Committee believes that criticism, when
constructive, elicits accountability.
The Committee directs the ICTR to complete its work by 2004
and the ICTY to complete its work by 2006, respectively. Any
cases remaining after this time should be tried in domestic
courts. Accordingly, the United States must increase its
efforts to assist the former Yugoslavia and Rwanda in
rebuilding their justice systems. The recommendation includes a
total of $13,000,000 for ICTR and ICTY operations for fiscal
year 2004 and for the United Nations to develop an exit
strategy by which the Rwanda and Yugoslavia tribunals will have
ended by September 30, 2004, and September 30, 2006,
respectively. The Committee expects that the ``ramping down''
of the Yugoslavia tribunal will be reflected in the
Department's fiscal year 2005 and fiscal year 2006 budget
requests. The Committee will not consider requests for funding
for ICTY after fiscal year 2006.
Sierra Leone.--The Committee reiterates its support for the
work of the Special Court for Sierra Leone. The Committee
directs the United Nations Mission in Sierra Leone [UNAMSIL] to
provide the full security, logistic, and technical support
required by the Court.
The purpose of the Special Court for Sierra Leone is to
prosecute those who bear the greatest responsibility for the
appalling violations of international and Sierra Leonean law
and crimes against humanity perpetrated during the conflict in
Sierra Leone. The court aims not to punish every crime
committed during the war, but rather to prosecute those people
who organized and oversaw the atrocities. The war in Sierra
Leone featured the mass use of rape as a weapon of terror, the
abduction of thousands of children who were forced to become
combatants, and the hacking off of the arms, legs, lips, and
ears of civilians, including children as young as 2 years old.
The Committee praises the Special Court for its resolve in
indicting and prosecuting the leaders of neighboring countries
who actively encouraged the conflict in order to control the
output of Sierra Leone's diamond mines. The foreign leaders who
fueled the Sierra Leone conflict from afar by supplying
weapons, supplies, and safe havens are just as responsible for
the atrocities as those who ordered them done. The Committee
commends the Special Court's recent indictment of one such
leader who, more than any other single individual, was
responsible for inciting and fueling the Sierra Leone conflict.
The Special Court for Sierra Leone has been successful thus
far because of three distinct attributes: it resides in the
country where the atrocities occurred, allowing the Sierra
Leonean people to bear witness to the conflict's closure; it
has a clear mandate and a defined time period; and its judges
and lawyers come both from Sierra Leone and other countries. As
noted above, the swift action and overall success of the Court
so far contrasts with the U.N.-run tribunals for war crimes
committed in the former Yugoslavia and Rwanda. The Special
Court for Sierra Leone model is the most appropriate choice for
the court that will inevitably be stood up to prosecute the
crimes that occurred (and continue to occur) in the conflict in
the Democratic Republic of the Congo, and the Committee directs
the United States Ambassador to the United Nations to advocate
this in the Security Council.
United Nations Peacekeeping Force in Cyprus [UNFICYP].--
UNFICYP was set up in 1964 to prevent further fighting between
the Greek and Turkish communities on the island of Cyprus.
After the hostilities of 1974, the mission's mandate was
expanded. The mission remains active on the island to supervise
ceasefire lines, maintain a buffer zone separating the two
sides, and undertake humanitarian activities. Greek Cypriot and
Turkish Cypriot leaders on April 23, 2003, opened checkpoints
along the buffer zone, or ``green line''. Since the opening,
tens of thousands of Cypriots from both sides have peacefully
crossed the dividing line.
In light of UNFICYP's completion of its mandate--
demonstrated by the peaceful border crossings of thousands of
Greek and Turkish Cypriots--and the imminent accession of both
Cyprus and Turkey to the European Union, the Committee directs
the United States Representative to the United Nations to
encourage the United Nations to develop an exit strategy for
this peacekeeping mission. The recommendation provides full
funding for the United States' share of the costs of UNFICYP
for fiscal year 2004 and supports a continued United Nations
presence there until the end of the fiscal year.
Peacekeeping Reports.--The Committee last year directed the
Department to resume transmission of United Nations Security
Council reports on peacekeeping to the Committees on
Appropriations. Despite this direction, the transmission of
these reports has slowed to a trickle. The Committee will not
consider reprogramming requests for any U.N. peacekeeping
mission for which the Department has not submitted regular
reports. These reports are a crucial source of information for
the Committee, and the Committee will not be forced into making
decisions concerning U.N. peacekeeping missions without them.

International Commissions

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO

SALARIES AND EXPENSES

Appropriations, 2003.................................... $25,316,000
Budget estimate, 2004................................... 31,562,000
House allowance......................................... 25,668,000
Committee recommendation................................ 28,312,000

The Committee recommends an appropriation of $28,312,000.
The recommendation is $3,250,000 below the budget request.
The recommendation does not include the increases requested
by the International Boundary and Water Commission [IBWC] to
enhance its planning capabilities for short-term and long-term
projects. The Committee directs IBWC to contract out
administrative, human resources management, procurement,
finance and accounting, payroll, and property functions so that
it can meet the increasing demand for IBWC services without
having to rely on budget increases. The recommendation includes
$658,000 for mandatory pay and inflation increases and $250,000
for United States environmental compliance requirements.
The Committee recommendations are displayed in the
following table:

INTERNATIONAL BOUNDARY AND WATER COMMISSION
SALARIES AND EXPENSES
[In thousands of dollars]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Administration.......................................... 6,300
Engineering............................................. 2,761
Operations and maintenance.............................. 19,251
---------------
Total, International Boundary and Water Commission 28,312
------------------------------------------------------------------------

The Committee regrets the Commission's use of the word
``mandatory'' to describe certain requested increases in the
Commission's Operations and Maintenance budget for fiscal year
2004. The Committee finds the use of the word ``mandatory'' in
an official budget presentation document inappropriate except
in cases where it refers to mandatory spending, as recognized
by Congress and the Office of Management and Budget.
The Committee expects to be consulted prior to any
deviation from the above plan.

CONSTRUCTION

Appropriations, 2003.................................... $5,415,000
Budget estimate, 2004................................... 8,901,000
House allowance......................................... 5,500,000
Committee recommendation................................ 8,201,000

The Committee recommends an appropriation of $8,201,000.
The recommendation is $700,000 below the budget request. The
recommendation includes funding for three new initiatives: the
reconstruction of the American Canal, the Advanced Primary
Plant completion, and an assessment of the impact of the
discharge of the South Bay International Wastewater Treatment
Plant. The recommendation does not include funding for Rio
Grande Boundary Preservation. No explanation was given for this
project in the budget request.
The Committee recommendations, by project, are displayed in
the following table:

INTERNATIONAL BOUNDARY AND WATER COMMISSION CONSTRUCTION
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Boundary-Wide Construction:
Facilities Renovation............................. 600
Heavy Equipment Replacement....................... 250
Land Mobile Radio Systems Replacement............. 500
Hydrologic Data Collection System Rehabilitation.. 251
-----------------
Subtotal, Boundary-Wide Construction............ 1,601
=================
Rio Grande Construction:
Rio Grande Canalization........................... 800
Rio Grande Flood Control System Rehabilitation.... 500
Safety of Dams Rehabilitation..................... 750
Reconstruction of the American Canal.............. 700
-----------------
Subtotal, Rio Grande Construction............... 2,750
=================
Western Boundary Construction:
Colorado River Boundary and Capacity Preservation. 100
Secondary Treatment of Tijuana Sewage............. 2,000
Advanced Primary Plant Completion................. 800
Surfriders Consent Decree Compliance.............. 950
-----------------
Subtotal, Western Boundary Construction......... 3,850
=================
Total, IBWC Construction........................ 8,201
------------------------------------------------------------------------

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

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

Appropriations, 2003.................................... $9,410,000
Budget estimate, 2004................................... 11,204,000
House allowance......................................... 8,944,000
Committee recommendation................................ 10,942,000

The Committee recommends an appropriation of $10,942,000.
The recommendation is $262,000 below the budget request.
This account funds the United States' share of expenses of
the International Boundary Commission [IBC], the International
Joint Commission [IJC], and the Border Environment Cooperation
Commission [BECC].
The Committee recommendations, by commission, are displayed
in the following table:

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
International Boundary Commission:
Commission Operations............................. 648
New Brunswick, Maine-Quebec Project............... 136
Washington/Idaho/Montana-British Columbia/Alberta 208
Project..........................................
Minnesota/North Dakota-Manitoba Project........... 126
Minnesota-Manitoba/Ontario........................ 14
-----------------
Subtotal, International Boundary Commission..... 1,132
=================
International Joint Commission:
United States Section............................. 7,130
Special and Technical Investigations by the U.S. 547
Geological Survey................................
-----------------
Subtotal, International Joint Commission........ 7,677
=================
Border Environment Cooperation Commission:
Studies and Investigations/Solid Waste Projects... 2,078
Public Involvement and Outreach................... 55
-----------------
Subtotal, Border Environment Cooperation 2,133
Commission.....................................
=================
Total, American Sections, International 10,942
Commissions....................................
------------------------------------------------------------------------

The Committee does not recommend the requested 13 percent
increase in the International Boundary Commission's operating
budget.
The Committee expects to be consulted prior to any
deviation from the above plan.

Other

INTERNATIONAL CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

The Committee recommends an appropriation of $7,000,000 for
operational costs of the International Center for Muslim-
Western Dialogue (the Center). The recommendation is $7,000,000
above the request. The Center is located in the historic
Palazzo Corpi, formerly the U.S. Consulate building in
Istanbul, Turkey. The purpose of the Center is to develop
programs of cooperative study, training, and research for
students and scholars to exchange views and ideas. The
Committee recommends that the Center develop regional-based
dialogue groups on such topics as post-war Iraq and the
empowerment of women in Iraq's government and leadership, among
others. The Committee encourages non-profit organizations to
play a continuing role in the administration of the Center and
in the execution of its programs. The Secretary of State shall
submit monthly reports on the status of creating the Center to
the Committees on Appropriations.

PAYMENT TO THE ASIA FOUNDATION

Appropriations, 2003.................................... $10,376,000
Budget estimate, 2004................................... 9,250,000
House allowance......................................... 10,376,000
Committee recommendation................................................

The Committee does not recommend an appropriation for the
Asia Foundation. The recommendation is $9,250,000 below the
budget request.

Eisenhower Exchange Fellowship Program

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

Appropriations, 2003.................................... $497,000
Budget estimate, 2004................................... 500,000
House allowance......................................... 500,000
Committee recommendation................................ 500,000

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

Israeli Arab Scholarship Program

Appropriations, 2003.................................... $373,000
Budget estimate, 2004................................... 375,000
House allowance......................................... 375,000
Committee recommendation................................ 375,000

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

East-West Center

Appropriations, 2003.................................... $17,883,000
Budget estimate, 2004................................... 14,280,000
House allowance.........................................................
Committee recommendation................................ 19,000,000

The Committee recommends an appropriation of $19,000,000.
The recommendation is $4,720,000 above the request.
The East-West Center is an educational and research
organization established by Congress in 1960 to strengthen
understanding and relations between the United States and the
countries of the Asia-Pacific region. The Center helps promote
the establishment of a stable, peaceful and prosperous Asia-
Pacific community in which the United States is a natural and
leading partner. The Center carries out its mission through
programs of cooperative study, training, and research.
Professionals and students from the United States, Asia, and
the Pacific study and work together at the East-West Center to
better understand issues of common and critical concern and
explore mutually beneficial ways of addressing them.

National Endowment For Democracy

Appropriations, 2003.................................... $41,727,000
Budget estimate, 2004................................... 36,000,000
House allowance......................................... 42,000,000
Committee recommendation................................ 36,000,000

The Committee recommends an appropriation of $36,000,000.
The recommendation is identical to the budget request.
The National Endowment for Democracy [NED] is a private,
non-profit organization created in 1983 to strengthen
democratic institutions around the world. NED's mission is to
support peaceful and stable transitions to more open political
and economic systems characterized by effective governance and
legal systems, engaged and responsible civil societies, and
open markets. Although NED was first created to help the United
States win the cold war, its mission of promoting democracy is
still relevant today, particularly in the war against
terrorism.
The Committee commends NED for developing programs to
promote the education of women in predominately Muslim
countries. Women's rights in Afghanistan have been greatly
enhanced by NED's creation of a women's library and resource
center, its leadership partnerships with media, and its
development of E-learning resources. Within available funds,
$2,000,000 is for grants to expand these and other similar
programs through the International Center for Muslim-Western
Dialogue. The Committee further commends NED for its work with
Lebanese Shiite schools to develop women's rights education
programs. The Committee encourages NED to consider a grant, if
warranted, for the Legal Education Program for Emerging
Democracies at Ohio Northern University.

RELATED AGENCY

Broadcasting Board of Governors

INTERNATIONAL BROADCASTING OPERATIONS

Appropriations, 2003.................................... $465,850,000
Supplemental appropriations, 2003....................... 30,500,000
Budget estimate, 2004................................... 525,204,000
House allowance......................................... 552,105,000
Committee recommendation................................ 518,149,000

The Committee recommends an appropriation of $518,149,000.
The recommendation is $7,055,000 below the request. The
recommendation assumes $1,000,000 in reimbursements under the
Voice of America account. This amount, when combined with
direct appropriations, results in a total of $519,149,000 in
available funding for Broadcasting Board of Governors [BBG] in
fiscal year 2004.
This appropriation account funds the operating and
engineering costs of Voice of America [VOA], Radio Free Europe/
Radio Liberty [RFE/RL], Radio Free Asia [RFA], the Middle East
Television Network [METN], Worldnet Television, and the
Broadcasting Board of Governors.
The Committee recommendations, by function, are displayed
in the following table:

INTERNATIONAL BROADCASTING OPERATIONS [IBO]
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
International Broadcasting Bureau [IBB]:
Voice of America [VOA]:
Domestic Operations.......................... 128,850
Office of the Director................... [3,585]
Broadcast Operations..................... [17,228]
Latin American Division.................. [3,715]
European Division........................ [8,359]
East Asia and Pacific Division........... [24,979]
South and Central Asia Division.......... [8,722]
Africa Division.......................... [9,492]
Eurasia Division......................... [7,640]
Near East and North Africa Division...... [7,393]
Middle East Radio Network/Radio Sawa..... [11,204]
English Programs Division................ [7,176]
Special English and Music Division....... [4,535]
News Division............................ [14,822]
Domestic Bureaus............................. 734
Overseas Bureaus............................. 8,990
VOA TV....................................... 21,083
------------------
Subtotal, VOA.............................. 159,657
==================
Engineering and Technical Services:
Headquarters................................. 60,609
Transmitting Stations........................ 66,129
Monitors..................................... 1,075
------------------
Subtotal, Engineering...................... 127,813
==================
Agency Direction:
Board of Governors........................... 2,139
Chief Financial Officer...................... 4,787
Accounting and Payroll....................... 1,222
Intl Cooperative Administrative Support 4,357
Services [ICASS]............................
Research..................................... 7,500
General Counsel.............................. 995
Director, IBB................................ 1,291
Policy....................................... 1,088
Civil Rights................................. 967
------------------
Subtotal, Agency Direction................. 24,346
==================
Management....................................... 47,150
Program Support.................................. 25,244
------------------
Subtotal, IBB.................................. 384,210
==================
Independent Grantee Organizations:
Radio Free Europe/Radio Liberty [RFE/RL]:
Broadcasting................................. 50,855
Office of the Director................... [2,462]
Marketing and Affiliates................. [1,699]
Broadcast Services....................... [46,694]
Management and Administration................ 26,739
------------------
Subtotal, RFE/RL........................... 77,594
==================
Radio Free Asia [RFA]:
Broadcasting................................. 18,400
Management and Administration................ 8,945
------------------
Subtotal, RFA.............................. 27,345
==================
Middle East Television Network [METN]............ 30,000
------------------
Subtotal, Grantees............................. 134,939
==================
Total, IBO..................................... 519,149
------------------------------------------------------------------------

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

INTERNATIONAL BROADCASTING BUREAU

Voice of America [VOA].--The Committee recommends an
appropriation of $159,657,000 for VOA. The recommendation
includes funding for VOA's European Division to continue, at
fiscal year 2003 levels, the Estonian Service and the Czech,
Hungarian, Lithuanian, Polish, Bulgarian, and Romanian
multimedia units. The recommendation also includes $24,979,000,
the full amount requested, for VOA's East Asia and Pacific
Division. The recommendation for this division represents an
increase of $3,386,000 above fiscal year 2003, and will allow
VOA to significantly increase broadcasting to Indonesia. The
recommendation also includes $9,492,000, the full amount
requested, for VOA's Africa Division.
The Committee recognizes that broadcasting to the Middle
East and South and Central Asia is critical to the United
States-led war on terror. The recommendation therefore includes
$8,722,000 for VOA's South and Central Asia Division and
$11,204,000 for the Middle East Radio Network, or Radio Sawa.
Both of these levels are identical to the budget request. The
recommendation also includes $7,393,000 for VOA's Near East and
North Africa Division. The recommendation represents an
increase above the request.
Africa Broadcasting.--The problem of AIDS in Africa is
ubiquitous. Radio broadcasting is an underutilized tool in the
fight against the African AIDS epidemic. Its accessibility to
even the most impoverished communities make it an ideal way to
transmit information about the disease. Radio broadcasts could
be a major component of sustained prevention efforts undertaken
by the governments of many African countries, humanitarian
organizations, and U.S. assistance programs. The Committee
directs VOA to continue to include AIDS education in its
regular programming. VOA is directed to report to the Committee
on its progress no later than 90 days after the date of
enactment of this Act.
Engineering and Technical Services.--The Committee
recommends an appropriation of $127,813,000 for engineering and
technical services. The recommendation is $1,050,000 below the
request. The difference is due to the fact that a certain
country granted BBG permission to place a Radio Sawa
transmitter on its soil and later reneged on its commitment.
Agency Direction.--The Committee recommends an
appropriation of $24,346,000 for Agency Direction. The
recommendation includes $7,500,000 for research.
Security of Worldwide Broadcasting Facilities.--In fiscal
year 2003, the Committee directed the BBG to develop, in
consultation with the Department of State and other relevant
United States agencies, a 5-year capital worldwide security
plan. The Committee expects that this plan, once approved by
the Committee, will serve as a planning document for BBG's
fiscal year 2005 budget submission, as it pertains to
facilities and security.
Management.--The Committee recommends an appropriation of
$47,150,000 for the management of the BBG. The recommendation
includes $26,662,000 for Administration, instead of the
$30,520,000 proposed in the budget request. The budget request
for Administration for fiscal year 2004 represented a 15
percent increase over the fiscal year 2003 level. The Committee
has determined that such a request is not warranted. The
recommendation includes $2,860,000, the full amount requested,
for security.
Program Support.--The recommendation includes full funding
of $7,023,000 for the BBG's marketing and program placement
initiative.
Internet Access.--The Committee is aware of promising
technologies that could penetrate the Internet ``firewall''
used by the Red Chinese to deny individuals access to certain
areas of the worldwide web. The Committee recommendation for
program support includes $1,000,000 for the broadcast services
to administer a pilot program using Internet-oriented
technologies that may prove capable of penetrating the Red
Chinese firewall of censorship. The BBG is directed to provide
the Committee with a spending plan no later than March 22, 2004
describing the technologies that are being considered for the
pilot program.

GRANTEES

Radio Free Europe/Radio Liberty [RFE/RL].--The Committee
recommends an appropriation of $77,594,000 for RFE/RL. The
recommendation includes funding for the continuation, at fiscal
year 2003 levels, of RFE/RL's Bulgarian, Estonian, Latvian,
Lithuanian, and Romania-Moldova Services. The recommendation
includes $2,676,000 for Radio Farda, $5,510,000 for Radio Free
Afghanistan, and $2,140,000 for Radio Free Iraq. Each of these
levels is identical to the budget request.
Security of RFE/RL Headquarters.--The Committee has been
briefed on the plan to relocate RFE/RL headquarters from St.
Wenceslas Square in Prague, the Czech Republic, to a new
location. The Committee intends to ensure that the eventual
RFE/RL headquarters building meets all of the necessary and
appropriate security requirements. The BBG and RFE/RL are
directed to submit to the Committee a report with no less than
four options for relocation. In addition, BBG and RFE/RL should
consider alternative sites in other countries in the region,
and include in the report several recommendations for
relocating elsewhere. The BBG and RFE/RL are directed to work
with the Director of the Department of State's Bureau of
Overseas Buildings Operations [OBO] in preparing this report
which is to be submitted to the Committee no later than
February 29, 2004. The Committee will not approve any funding
for this project unless the plan has the approval of OBO.
Radio Free Asia [RFA].--The Committee recommends an
appropriation of $27,345,000 for RFA. Within the funding
provided for Broadcasting, $2,838,000 is for RFA's Tibetan
Service and $1,254,000 for its Uyghur Service. Within funding
made available for Management and Administration, $497,000, the
full amount requested, is for audience research.
Jamming.--The Committee notes with concern continued
reports of increased jamming of Radio Free Asia broadcasts to
Tibet. Jamming is intended to stem the flow of truthful and
free media into closed societies such as Tibet. The Committee
has provided funds in prior years to address this problem. The
Committee directs the broadcast services to expand their
efforts to counteract the practice of jamming.
Middle East Television Network [METN].--The Committee
recommends an appropriation of $30,000,000 for the METN. The
recommendation is identical to the request.

BROADCASTING TO CUBA

Appropriations, 2003.................................... $24,834,000
Budget estimate, 2004................................... 26,901,000
House allowance.........................................................
Committee recommendation................................ 28,101,000

The Committee recommends an appropriation of $28,101,000.
The recommendation is $1,200,000 above the budget request.
This appropriation account funds the operating and
engineering costs of Radio and Television [TV] Marti programs.
Radio and TV Marti are dedicated to providing a reliable source
of news and information that is accurate and objective, and to
the promotion of freedom and democracy in Cuba.
Jamming.--The Committee commends the Office of Cuba
Broadcasting [OCB] for the successful completion of its
conversion to digital audio, video, and computer networking
technologies. However, Radio and TV Marti must be further
modernized. A critical part of this modernization will be
increased efforts to overcome Cuban jamming. Therefore, within
the funding made available for Cuba Broadcasting, $1,200,000 is
to enhance efforts to defeat jamming. The Committee directs the
Broadcasting Board of Governors and OCB to use all available
means to overcome the jamming of Radio and TV Marti, including
broadcasting via the Internet and satellite. The Committee
notes that, while the Cuban government still imposes penalties
on citizens who attempt to receive radio and television signals
from international sources, satellite dish ownership in Cuba is
increasing. It has been said that ``The second major indoor
sport in Havana, next to watching satellite TV, is hiding the
dish''. The average Cuban still does not have access to the
Internet for personal use due to the high cost, access
restrictions by the Cuban government, and an inadequate
national Internet infrastructure. The Committee is aware,
however, of programs run by international and non-governmental
organizations that help developing nations build their Internet
capacities. The Committee supports such programs and notes that
bringing the Internet and other information technologies to
developing countries not only hastens development, it hastens
the transition to democracy by ``democratizing information''.

BROADCASTING CAPITAL IMPROVEMENTS

Appropriations, 2003.................................... $12,657,000
Budget estimate, 2004................................... 11,395,000
House allowance......................................... 11,395,000
Committee recommendation................................ 11,395,000

The Committee recommends an appropriation of $11,395,000.
The recommendation is identical to the budget request. The
Committee notes that no funding was requested for new
construction projects in fiscal year 2004.
This account funds necessary maintenance, improvements,
replacements, and repairs of broadcasting sites; satellite and
terrestrial program feeds; and engineering support activities,
broadcast facility leases, and land rentals.
The Committee recommendations, by function, are displayed
in the following table:

BROADCASTING CAPITAL IMPROVEMENTS [BCI]
[In thousands of dollars]
------------------------------------------------------------------------
Committee
recommendation
------------------------------------------------------------------------
Maintenance, Improvements, Replace and Repair [MIRR]:
Continuing Maintenance and Repair................. 4,335
VOA TV............................................ 765
Security.......................................... 2,410
-----------------
Subtotal, MIRR.................................. 7,510
=================
Upgrade of Existing Facilities:
Poro Relocation................................... 1,250
Greek Agreement................................... 1,835
-----------------
Subtotal, Upgrades.............................. 3,085
=================
Satellite and Terrestrial Program Feeds............... 800
=================
Total, BCI...................................... 11,395
------------------------------------------------------------------------

General Provisions--Department of State and Related Agencies

The Committee recommends the following general provisions:
Section 401 permits funds appropriated in this Act for the
Department of State to be available for allowances and
differentials, services, and hire of passenger transportation.
Section 402 permits up to 5 percent of any appropriation
made available in the bill for the Department of State and the
U.S. Information Agency to be transferred between their
respective appropriations. The language also provides that no
appropriation shall be decreased by more than 5 percent or
increased by more than 10 percent by any such transfer. The
language also provides that any transfer pursuant to this
subsection shall be treated as a reprogramming of funds under
section 605 of the accompanying bill and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Section 403 prohibits the Department of State from making
multiple requests to reprogram funds.
Section 404 prohibits the use of Department of State funds
to support the Palestinian Broadcasting Corporation.
Section 405 provides that Israel shall be recorded as the
place of birth on registrations of birth, certifications of
nationality, and passport applications for U.S. citizens born
in Jerusalem.
Section 406 initiates the process of right-sizing.
Section 407 prohibits the Department of State from making
requests for funds for certain types of construction projects
under this or future Department of State and Related Agency
Appropriations Acts.
Section 408 requires the Secretary of State to submit the
budget of the United Nations [U.N.] as part of the State
Department's annual budget submission. The United States'
annual dues payment to the United Nations represents more than
17 percent of the entire Department of State appropriation.
That such a large portion of this Act escapes congressional
oversight merely because it is spent by the United Nations, as
opposed to an agency of the United States Government, is a
disservice to the American taxpayer. Henceforward, the U.N.
budget will receive the same scrutiny as do all other accounts
included in the budget request.
Section 409 strikes a provision that inhibits the Secretary
of State in carrying out his responsibilities for ensuring the
safety of all non-military United States Government personnel
stationed abroad.
Section 410 ensures the continuity of funding for the
Department's border security program in the event of a machine
readable visa [MRV] fee shortfall.
Section 411 addresses the visa backlog.
Section 412 lessens restrictions on foreign assistance.

TITLE V--RELATED AGENCIES

Commission for the Preservation of America's Heritage Abroad

SALARIES AND EXPENSES

Appropriations, 2003.................................... $496,000
Budget estimate, 2004................................... 499,000
House allowance......................................... 499,000
Committee recommendation................................ 659,000

The Committee recommends an appropriation of $659,000. This
amount is $160,000 above the budget request. The recommendation
will allow the Commission to fund its administrative expenses
through appropriated funds while relying on privately donated
funds for the actual purchase and restoration of property.
The purpose of the Commission is to encourage the
preservation of cemeteries, monuments, and historic buildings
associated with the foreign heritage of the American people.
Revolutionary War Heroes.--The Committee was pleased with
the Commission's preliminary survey (phase I) of sites abroad
associated with the lives and deeds of foreign-born heroes of
the American Revolution. The Commission has identified at least
31 Revolutionary period heroes that are, or should be,
commemorated abroad that qualify for site assessment (phase
II). Phase II will involve: (1) collection of first hand
information at foreign commemorative sites, (2) formulation of
recommendations regarding necessary repairs to, or expansion
of, existing monuments, rewriting of commemorative
inscriptions, and placement of new commemorative markers or
monuments, and (3) dissemination of information on
commemorative sites to American citizens and foreign
governments and organizations. The Committee recommendation
includes $160,000 to conduct phase II. The Committee looks
forward to receiving a report on the completion of phase II at
the earliest convenience of the Commission.

Commission on Civil Rights

SALARIES AND EXPENSES

Appropriations, 2003.................................... $9,037,000
Budget estimate, 2004................................... 9,096,000
House allowance......................................... 9,096,000
Committee recommendation................................ 9,096,000

The Committee recommends an appropriation of $9,096,000 for
the salaries and expenses of the Commission on Civil Rights.
The recommendation is identical to the budget request.

Commission on International Religious Freedom

Appropriations, 2003.................................... $2,865,000
Budget estimate, 2004................................... 3,000,000
House allowance......................................... 3,000,000
Committee recommendation................................ 2,000,000

The Committee recommends an appropriation of $2,000,000.
The recommendation is $1,000,000 below the budget request.

Commission on Security and Cooperation in Europe

SALARIES AND EXPENSES

Appropriations, 2003.................................... $1,572,000
Budget estimate, 2004................................... 1,615,000
House allowance......................................... 1,615,000
Committee recommendation................................ 1,615,000

The Committee recommends an appropriation of $1,615,000.
The recommendation is identical to the budget request.
The Commission was established in 1976 to ensure compliance
with the final act of the Conference on Security and
Cooperation in Europe with particular regard to provisions
dealing with humanitarian affairs.

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

SALARIES AND EXPENSES

Appropriations, 2003.................................... $1,371,000
Budget estimate, 2004................................... 1,800,000
House allowance......................................... 1,800,000
Committee recommendation................................ 1,400,000

The Committee recommends an appropriation of $1,400,000.
The recommendation is $400,000 below the budget request.

Equal Employment Opportunity Commission

SALARIES AND EXPENSES

Appropriations, 2003.................................... $306,815,000
Supplemental appropriations, 2003....................... 15,000,000
Budget estimate, 2004................................... 334,754,000
House allowance......................................... 328,400,000
Committee recommendation................................ 334,754,000

The Committee recommends an appropriation of $334,754,000.
The recommendation is identical to the budget request.
The Congress supported the Equal Employment Opportunity
Commission [EEOC] by appropriating $15,000,000 in the fiscal
year 2003 supplemental to avert a financial crisis and prevent
massive furloughs. In this bill the Committee fully supports
the EEOC's budget request to allow the Commission the resources
to correct the situation that precipitated this crisis.
The Committee understands the EEOC is proposing a
restructuring of the Commission and State facilities in
accordance with the study performed by the National Academy of
Public Administration [NAPA]. However, the Committee has
concerns about the impact this restructuring will have on the
quality of service to the States. The Committee urges the
Commission to concentrate on a plan to reduce headquarters
staffing by encouraging early retirements and increased natural
attrition.
The Committee directs that before any restructuring takes
place, the Commission comply with reprogramming requirements as
outlined in Section 605. The Committee encourages the
Commission to brief this Committee at the earliest opportunity
on the details of any restructure plan.

Federal Communications Commission

SALARIES AND EXPENSES

Appropriations, 2003.................................... $270,987,000
Budget estimate, 2004................................... 280,798,000
House allowance......................................... 278,958,000
Committee recommendation................................ 277,798,000

The Committee recommends a total of $277,798,000 for the
salaries and expenses of the Federal Communications Commission
[FCC], of which $251,984,000 is to be derived from the
collection of fees. The recommendation is $3,000,000 below the
budget request.
The FCC is an independent regulatory agency exercising
authority delegated to it by Congress under the Communications
Act of 1934 as amended by the Telecommunications Act of 1996.
The primary mission of the FCC is to promote competition,
innovation, and deregulation in the communications industry.
The FCC is charged with regulating interstate and international
communications by radio, television, wire, satellite and cable.
The mandate of the FCC under the Communications Act is to make
available to all people of the United States a rapid,
efficient, nationwide, and worldwide wire and radio
communication service. The FCC performs four major functions to
fulfill this charge: spectrum allocation, creating rules to
promote fair competition and protect consumers where required
by market conditions, authorization of service, and
enforcement.
The recommendation includes funding increases that will
greatly enhance the FCC's ability to achieve its core
objectives. The recommendation includes an increase of
$2,600,000 to hire an additional 20 full time equivalents to
enhance the FCC's engineering expertise.
The recommendation reflects the Committee's continued
support for improvements to the Commission's critical systems.
The recommendation has fully funded the Commission's request
for technology enhancements. Also, the recommendation includes
funding to enable the FCC to comply with government-wide
standards for systems security, accessibility, and financial
management.
Contract Audit Support.--The recommendation does not
include the $3,000,000 requested for the Office of Inspector
General [OIG] to hire contractors to conduct audits of the
Universal Service Fund [USF] and the E-Rate Program. The use of
appropriated funds for these audits is inappropriate, as the
USF is maintained in accounts outside the Treasury and is
administered by a not-for-profit corporation rather than a
Federal agency. The Committee agrees with the FCC's Inspector
General, who stated in an April, 2002 memorandum: ``It is
appropriate and consistent with applicable regulations to
utilize the Universal Service Fund to fund [the FCC's]
oversight of the Schools and Libraries [E-Rate] Program''. The
Committee directs the FCC to utilize funds in the USF to pay
for costs associated with the auditing of the USF.
Broadcast Television Standards.--The Committee is concerned
about the declining standards of broadcast television and the
impact this decline is having on America's children. An
analysis of all prime-time programming has found that overall
sexual content, foul language, and violence have tripled over
the past decade. In December 1999, the FCC issued a notice of
inquiry regarding the public interest obligations of
broadcasters during and after the transition to digital
transmission. The Committee directs the FCC to continue to
report to Congress on the issues associated with resurrecting a
broadcast industry code of conduct for content of programming
that, if adhered to by the broadcast industry, would protect
against the further erosion of broadcasting standards.
Wireless Portability.--The Committee is pleased that the
FCC is developing implementation requirements for local number
portability. The Committee urges the FCC to complete these
requirements prior to the implementation deadline and to
address wireline to wireless portability in a timely manner.

Federal Trade Commission

SALARIES AND EXPENSES

Appropriations, 2003.................................... $176,553,000
Budget estimate, 2004................................... 191,132,000
House allowance......................................... 183,041,000
Committee recommendation................................ 189,032,000

The Committee recommends an appropriation of $189,032,000.
The recommendation is $2,100,000 below the budget request.
The Federal Trade Commission [FTC] administers a variety of
Federal antitrust and consumer protection laws. Activities in
the antitrust area include detection and elimination of illegal
collusion, anticompetitive mergers, unlawful single-firm
conduct, and injurious vertical agreements. The FTC regulates
advertising practices, service industry practices, marketing
practices, and credit practices as it addresses fraud and other
consumer concerns.
The recommendation includes $164,399,000 for the ongoing
operations of the FTC, of which $2,100,000 is for physical
security enhancements to headquarters, $6,533,000 for
anticipated increases in expenses in fiscal year 2004, as
described in greater detail below, and $18,100,000 for the Do-
Not-Call initiative, also described in greater detail below. Of
the amounts provided, $112,000,000 is from Hart-Scott-Rodino
pre-merger filing fees and $18,100,000 is from Do-Not-Call
fees. The total amount of direct appropriations for this
account is therefore $59,032,000. This represents an increase
of $50,579,000 over the fiscal year 2003 direct appropriation.
The Committee notes that this increase is necessary due to a
significant drop-off in offsetting fee collection receipts
beginning in 2001.
Child Protection.--The FTC in September of 2000 released a
report entitled: ``Marketing Violent Entertainment to Children:
A Review of Self-Regulation and Industry Practices in the
Motion Picture, Music Recording & Electronic Game Industries''.
The report was very critical of the entertainment industry and
its persistent and calculated marketing of violent games,
movies, and music to children. In response to this report, the
entertainment industry has promised to impose tougher
regulations on itself and to voluntarily comply with the
report's recommendations. The FTC should continue with and
expand upon its efforts in this area. The Committee directs the
Commission to continue to engage in consumer research and
workshops, underage shopper-retail compliance surveys, and
marketing data collection.
Internet.--The FTC is charged with monitoring compliance
with the Children's Online Privacy Protection Act. The
recommendation provides the Commission the funding resources it
needs to meet the challenges of increased fraud on the
Internet. The Committee commends the FTC for recognizing the
unique and difficult challenge posed by the Internet, an
international phenomenon that lacks borders, to the safety of
our children.
Do-Not-Call Initiative.--The recommendation includes
$18,100,000 for the FTC's Do-Not-Call initiative, of which the
entire amount is to be derived from the collection of fees. The
Do-Not-Call initiative was launched pursuant to the FTC's
amended Telemarketing Sales Rule. The Do-Not-Call initiative
will establish a national database of telephone numbers of
consumers who choose not to receive telephone solicitations
from telemarketers. The Do-Not-Call initiative has received
broad support from, and will provide significant benefits to,
consumers from all corners of the United States. The
recommendation represents an increase of $2,000,000 above the
fiscal year 2003 level. This increase will support a range of
infrastructure technology improvements that are needed to
support the Do-Not-Call initiative. These improvements will
allow the FTC to manage the expected large volume of consumer
complaints within the Sentinel system and will allow the FTC to
share information with its law enforcement partners. Sentinel
is a secure website through which the FTC's law enforcement
partners access consumer complaint information. Currently, over
700 Federal, State and local law enforcement partners access
Sentinel. With the addition of Do-Not-Call complaint data, the
FTC anticipates that a significant number of ``new'' partners
and users, such as public utility companies, will need to use
Sentinel to access those data.
The Committee directs the FTC to conduct a study to
determine if uncompetitive or unfair practices, or practices
which tend to restrain trade, are being used by companies that
provide commercial trucking fleet card programs, and the
effects of these practices on the truck stop industry. The FTC
is directed to submit this report to the Committees on
Appropriations no later than 180 days after the date of
enactment of this Act.

Legal Services Corporation

PAYMENT TO THE LEGAL SERVICES CORPORATION

Appropriations, 2003.................................... $336,645,000
Budget estimate, 2004................................... 329,300,000
House allowance......................................... 338,848,000
Committee recommendation................................ 338,848,000

The Committee recommends an appropriation of $338,848,000.
The recommendation is $9,548,000 above the budget request. The
Committee recommendation includes $312,251,000 for basic field
programs, to be used for competitively awarded grants and
contracts, $13,900,000 for management and administration,
$3,400,000 for client self-help and information technology,
$2,600,000 for the Office of the Inspector General, and
$6,697,000 for grants to offset losses due to census
adjustments.

ADMINISTRATIVE PROVISIONS

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

Marine Mammal Commission

SALARIES AND EXPENSES

Appropriations, 2003.................................... $3,030,000
Budget estimate, 2004................................... 1,856,000
House allowance......................................... 1,856,000
Committee recommendation................................ 3,030,000

The Committee recommends an appropriation of $3,030,000.
The recommendation is $1,174,000 above the budget request. The
Committee directs the Commission to review the biological
viability of the most endangered marine mammal populations and
make recommendations regarding the cost-effectiveness of
current protection programs. The Committee further directs the
Commission to review available evidence regarding the theory
that rogue packs of killer whales are wiping out discreet
populations of the most endangered marine mammals. The results
of both reviews shall be submitted to the Committees on
Appropriations at the Commission's convenience.

National Veterans' Business Development Corporation

Appropriations, 2003.................................... $1,987,000
Budget estimate, 2004................................... 2,000,000
House allowance......................................... 2,000,000
Committee recommendation................................ 2,000,000

The Committee recommends an appropriation of $2,000,000.
The recommendation is identical to the budget request. The
Committee expects funding for the Corporation to be included
under either the Small Business Administration or the Veterans
Administration in fiscal year 2005 and thereafter.

Securities and Exchange Commission

SALARIES AND EXPENSES

Appropriations, 2003.................................... $745,789,000
Budget estimate, 2004................................... 841,500,000
House allowance......................................... 841,500,000
Committee recommendation................................ 841,500,000

The Committee recommends a total budget (obligational)
authority of $841,500,000 for the salaries and expenses of the
United States Securities and Exchange Commission [SEC], of
which the entire amount is to be derived from the collection of
fees. This amount is identical to the budget request.
The mission of the SEC is to administer and enforce the
Federal securities laws in order to protect investors and to
maintain fair, honest, and efficient markets. This includes
ensuring full disclosure of financial information, regulating
the Nation's securities markets, and preventing and policing
fraud and malpractice in the securities and financial markets.
The strength of the American economy and our Nation's financial
markets is dependent upon investors' confidence in the
financial disclosures and statements released by publicly-
traded companies. Recent accounting scandals have badly shaken
the public's faith in U.S. financial markets. The Committee
commends the SEC for its efforts to bolster investor confidence
and for its ongoing implementation of the Sarbanes-Oxley Act of
2002. The resources recommended by the Committee will allow the
SEC to increase its efforts in this area in the coming year.
The Committee directs the SEC to continue to provide quarterly
reports to the Committees on Appropriations on the measures it
is taking to restore the public's confidence in the financial
markets.
Staffing.--The recommendation supports the continued hiring
of the more than 840 new staff approved for the Commission in
fiscal 2003 and the Agency's multi-year information technology
efforts. Notwithstanding the enactment of pay parity
legislation, the Committee understands that the SEC continues
to have difficulty hiring accountants and examiners and is
seeking legislation that would permit them to be hired in the
same way that the Commission currently hires attorneys. The
Committee appreciates the Commission's need to hire more
accountants in order to fulfill its full disclosure
responsibilities and is concerned that continued hiring
difficulties may threaten the Commission's effectiveness. The
Committee directs the SEC to report quarterly on its hiring of
accountants and any hiring flexibilities that it believes may
be necessary.
Pay Parity.--The recommendation includes sufficient funding
for the Commission to continue implementation of the pay parity
program authorized in the ``Investor and Capital Markets Fee
Relief Act'' of 2002. Pay parity is intended to bring the
salaries of SEC employees in line with those of other Federal
financial regulatory agencies. The Commission's ability to
retain the necessary number of qualified staff persons is
critical to its success in restoring confidence in U.S.
financial markets.
Enforcement.--The Committee directs the Commission to
continue to espouse, as its top priority, the investigation and
prosecution of financial fraud and reporting cases. The
Committee commends the SEC for its heightened enforcement
efforts and recent initiatives to protect investors through
strengthened corporate disclosure, accounting, and reporting
requirements.
Data Management.--For the past 2 years, the Committee has
provided funding increases for the SEC to upgrade its document
management system. An updated document management system will
enhance the SEC's ability to conduct analyses and examinations.
The Committee understands that the Commission has completed the
preliminary requirements analysis necessary to procure its
document management system and will soon begin a multi-year
development effort. This effort will begin as a pilot in the
Division of Enforcement and will allow for the tagging,
indexing, and imaging of investigative documents and will
greatly reduce the SEC's reliance on paper documents. The
Committee directs that $8,000,000 in prior year unobligated
balances be utilized towards this effort. In addition, the
recommendation for fiscal year 2004 includes $12,000,000 for
this effort.
The Committee is also aware that the SEC will, in fiscal
year 2004, begin a top-to-bottom assessment of the business
practices of the Division of Corporation Finance, with
particular emphasis on the collection, storage, format, review,
and dissemination of corporate filings to investors. The
Committee supports this effort and recommends $2,500,000 for
the fiscal year 2004 costs of this multi-year project.
Exercising of Options.--The Committee is concerned by
instances in which corporate insiders enrich themselves at the
expense of stockholders by exercising stock options immediately
prior to companies' financial collapse. The exercising of stock
options may even contribute, in some cases, to the bankruptcy
of teetering corporations. In fiscal year 2003, the Committee
directed the SEC to provide a monthly report listing the
exercising of stock options by corporate officers and directors
under section 12 of the Securities and Exchange Act. The
Committee directs the SEC to continue to submit these reports
on a bimonthly basis.

Small Business Administration

Appropriations, 2003.................................... $731,672,000
Budget estimate, 2004................................... 800,888,000
House allowance......................................... 745,557,000
Committee recommendation................................ 751,672,000

The Committee recommends an appropriation of $751,672,000,
for the Small Business Administration [SBA]. The recommendation
is $49,216,000 below the budget request. The total funding is
distributed among the SBA appropriation accounts as described
below.

SALARIES AND EXPENSES

Appropriations, 2003.................................... $312,413,000
Budget estimate, 2004................................... 360,155,000
House allowance......................................... 326,592,000
Committee recommendation................................ 332,413,000

The Committee recommends a direct appropriation of
$332,413,000 for the salaries and expenses account. The
recommendation is $27,742,000 below the budget request. The
Committee believes SBA will have an additional $3,000,000 in
receipts available for operating expenses.

NON-CREDIT BUSINESS ASSISTANCE PROGRAMS

Appropriations, 2003.................................... $137,575,000
Budget estimate, 2004................................... 141,055,000
House allowance......................................... 135,000,000
Committee recommendation................................ 141,055,000

The Committee recommends an appropriation of $141,055,000
for SBA's non-credit business assistance programs. The
recommendation is identical to the budget request. The
Committee recommends the following amounts for these programs:

NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
[In thousands of dollars]
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
Small Business Development Centers...................... 88,000
USEAC Program........................................... 3,100
Drug-free Workplace Grants.............................. 3,000
National Ombudsman...................................... 500
SCORE................................................... 5,000
BICs.................................................... 475
Women's Business Centers................................ 12,000
Small Disadvantaged Business............................ 1,500
Women's Council......................................... 750
7(j) Technical Assistance............................... 3,600
Microloan Technical Assistance.......................... 15,000
Microloan Training...................................... 280
Advocacy Research/Database.............................. 1,100
Veteran's Business Development Assistance............... 750
PRO-Net................................................. 500
SBIR Technical Assistance............................... 500
SBIR--FAST.............................................. 3,000
HUBZone Progam.......................................... 2,000
------------------------------------------------------------------------

Within the amount provided for Women's Business Centers,
$500,000 is provided for the South Carolina Women's Business
Center.
The Committee is encouraged by SBA's work on an electronic
grant system. The Committee expects SBA to meet the October 31,
2003 deadline for submitting a plan to implement the system.

OFFICE OF INSPECTOR GENERAL

Appropriations, 2003.................................... $12,341,000
Budget estimate, 2004................................... 14,500,000
House allowance......................................... 13,000,000
Committee recommendation................................ 12,341,000

The Committee recommends an appropriation of $12,341,000
for the Office of Inspector General. The recommendation is
$2,159,000 below the budget request. The bill contains language
making $500,000 available to the Inspector General's office
from funds made available to the disaster loan program for its
activities.

BUSINESS LOANS PROGRAM ACCOUNT

Appropriations, 2003.................................... $216,668,000
Budget estimate, 2004................................... 225,770,000
House allowance......................................... 215,715,000
Committee recommendation................................ 216,668,000

The Committee recommends an appropriation of $216,668,000
for the business loans program account. The recommendation is
$9,102,000 below the budget request. Of the amount provided,
$129,000,000 is for administrative expenses related to this
account. The administrative expenses may be transferred to and
merged with SBA salaries and expenses to cover the common
overhead expenses associated with the business loan programs.
The Committee is concerned about the SBA Office of
Inspector General's [IG] report (3-034) stating SBA needs to,
``make significant improvements in financial management and
reporting, particularly maintaining proper accounting for and
accountability of the Master Reserve Fund [MRF].''
Additionally, the IG report states SBA needs to make
significant improvements maintaining control over all aspects
of the loan accounting and budgeting process. The Committee
directs SBA to submit a report to the Committees on
Appropriations on the actions they plan to take to correct
these situations.

DISASTER LOANS PROGRAM ACCOUNT

Appropriations, 2003.................................... $190,250,000
Budget estimate, 2004................................... 200,463,000
House allowance......................................... 190,250,000
Committee recommendation................................ 190,250,000

The Committee recommends an appropriation of $190,250,000
for the disaster loan program. The recommendation is
$10,213,000 below the budget request. The recommendation does
not include $3,000,000 for gainsharing. Of the amount provided,
$79,109,000 is for direct loan subsidies.

ADMINISTRATIVE PROVISIONS

The Committee wishes to underscore the reprogramming
requirements outlined in section 605. This recommendation
includes an administrative provision in the bill language, as
in last year's bill, providing the authority to transfer funds
between the Small Business Administration's appropriations
accounts. The language provides that no account may be
decreased by more than 5 percent or increased by more than 10
percent. The language also makes the transfers subject to the
Committee's standard reprogramming procedures under section
605. In addition, a reprogramming notification is required in
any proposed organization, whether or not funding transfers
will be associated with the proposed reorganization.
Because of the unique legal status of Alaska Natives,
Native Hawaiians, and residents living in the territories, the
offices handling SBA programs on reservations often lack the
knowledge and ability to make SBA programs work outside the
continental United States. To address this failure, a new
position will be established to focus on these unique
communities.
The Committee is disturbed that disaster loans in Alaska
have been sold to foreign companies who lack the ability and
motivation to work with commercial fisherman still struggling
from declining runs to restructure their debt. In some cases,
fishing vessels have been seized for small arrearages instead
of working to develop a more flexible payment schedule. To
ensure these loans can be managed with the maximum flexibility
and with the full range of tools available to the SBA, the
Committee directs that disaster loans in Alaska continue to be
managed by SBA and not be sold for processing.

State Justice Institute

SALARIES AND EXPENSES

Appropriations, 2003.................................... $2,981,000
Budget estimate, 2004................................... 8,000,000
House allowance......................................... 3,000,000
Committee recommendation................................ 5,000,000

The Committee recommends an appropriation of $5,000,000.
The recommendation is $3,000,000 below the budget request.
The Institute was created in 1984 to further the
development and adoption of improved judicial administration in
State courts.
Of the amount provided, $1,500,000 is for the State of
Wisconsin ``Justice Gateway'' Information Integration System,
$700,000 is for the Cheyenne River Sioux Tribe Court System,
$1,000,000 is for the San Francisco Justice Information
Tracking System, $500,000 is for the Institute for the Study of
Justice and Security, and $1,300,000 is for pro se pilot
projects in Connecticut, Massachusetts, and New York.

United States-China Economic and Security Review Commission

SALARIES AND EXPENSES

The Committee recommends an appropriation of $2,000,000.
The recommendation is $2,000,000 above the budget request.

TITLE VI--GENERAL PROVISIONS

The Committee recommends the following general provisions
for the departments and agencies funded in the accompanying
bill.
Section 601 prohibits any appropriation act from being used
for publicity or propaganda purposes not authorized by law.
Section 602 prohibits any appropriation contained in the
act from remaining available for obligation beyond the current
year unless expressly so provided.
Section 603 provides that the expenditure for any
appropriation contained in the act for any consulting service
through procurement contracts shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection except where otherwise
provided under existing law or under existing Executive order
issued pursuant to existing law.
Section 604 provides for severability should a provision of
this Act be found to be unconstitutional.
Section 605(a) stipulates Committee policy concerning the
reprogramming of funds. Section 605(a) prohibits the
reprogramming of funds which: (1) create new programs; (2)
eliminates a program, project, or activity; (3) increases funds
or personnel by any means for any project or activity for which
funds have been denied or restricted; (4) relocates offices or
employees; (5) reorganizes offices, programs, or activities;
(6) contracts out or privatizes any function or activity
presently performed by Federal employees--unless the
Appropriations Committees of the House and Senate are notified
15 days in advance.
Section 605(b) prohibits a reprogramming of funds in excess
of $500,000 or 10 percent, whichever is less, that (1) augments
existing programs, projects, or activities; (2) reduces by 10
percent funding for any existing program, project, or activity,
or numbers of personnel by 10 percent as approved by Congress;
or (3) results from any general savings due to a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress unless the
Appropriations Committees of the House and Senate are notified
15 days in advance.
Section 606 prohibits construction, repair, overhaul,
conversion, or modernization of NOAA ships outside of the
United States.
Section 607 limits funding for United Nations peacekeeping
missions that fail to meet certain criteria.
Section 608 prohibits implementation of a Memorandum of
Agreement.
Section 609 responds to the Office of Management and
Budget's Circular A-11 as it concerns the reporting of prior
year unobligated balances.
Section 610 ties grant eligibility to retired law
enforcement disability benefits.
Section 611 limits the availability of funds for tobacco
promotion.
Section 612 prohibits funds from being used to issue a visa
to any alien involved in extrajudicial and political killings
in Haiti and establishes working conditions for plaintiffs in a
recently settled Federal lawsuit.
Section 613 prohibits a user fee from being charged for
background checks conducted pursuant to the Brady Handgun
Control Act of 1993 and prohibits implementation of a
background check system that does not require and result in the
immediate destruction of certain information.
Section 614 delays obligation of some receipts deposited
into the Crime Victim Fund.
Section 615 limits the placement of maximum or high
security prisoners to appropriately secure facilities.
Section 616 restricts Federal prisoner access to certain
amenities.
Section 617 limits transfers of funds between agencies.
Section 618 provides certain grants.
Section 619 prohibits the agencies funded under this Act
from engaging in unsound budget practices.
Section 620 improves the provision of services by the Small
Business Administration.
Section 621 clarifies authority between two of the agencies
funded in this Act.
Section 622 clarifies the status of certain commissioners.
Section 623 establishes outyear funding targets for the
Coastal Zone Management Act.
Section 624 establishes a cap on media ownership.
Section 625 improves access to vision care by giving
patients the rights to receive a copy of their contact lens
prescription and to prompt, presumed verification of their
prescription.
Section 626 addresses fixed terrestrial communications
services.

TITLE VII--RESCISSIONS

DEPARTMENT OF JUSTICE

General Administration

WORKING CAPITAL FUND

(RESCISSION)

The Committee recommends a rescission of $499,000 from the
unobligated balances available in the ``Working Capital Fund''.

COUNTERTERRORISM FUND

(RESCISSION)

The Committee recommends a rescission of $50,000,000 from
the unobligated balances available in the ``Counterterrorism
Fund''. These funds, provided in various supplementals and
appropriations bills, are grossly in excess of need, and
reflect the continuing desire of the Office of Management and
Budget to corrupt the purpose of this account. For the last
time, the Committee reminds interested parties that the
Counterterrorism Fund exists solely to provide the Justice
Department with response and restoration funds in the immediate
wake of a terrorist attack. If, hereafter, the impulse to
convert this account into a slush fund proves too powerful, the
Fund will be eliminated and contingencies addressed in the
usual way: reprogrammings.

Legal Activities

ASSET FORFEITURE FUND

(RESCISSION)

The Committee recommends a rescission of $499,000 from the
unobligated balances available in the ``Asset Forfeiture
Fund''.

Office of Justice Programs

(RESCISSIONS)

The Committee recommends a rescission of $9,500,000 in
prior year unobligated balances from the various accounts under
this heading. The funds to be rescinded shall be limited to
those identified in the reprogramming submitted by the Office
of Justice Programs to Congress on July 1, 2003.

DEPARTMENT OF COMMERCE AND RELATED AGENCIES

DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

CONSTRUCTION OF RESEARCH FACILITIES

(RESCISSION)

The Committee recommends a rescission of $3,000,000 from
the unobligated balances available in the National Institute of
Standards and Technology, ``Construction of Research
Facilities'' account.

TITLE VIII--OTHER MATTERS

This title further addresses issues relevant to the
Committee recommendation.

TITLE IX--ALASKAN FISHERIES

This title addresses changes in the management of North
Pacific fisheries.

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

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

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

Pursuant to paragraph 7(c) of rule XXVI, on September 4,
2003, the Committee ordered reported en bloc: S. 1585, an
original bill making appropriations for the Departments of
Commerce, Justice, and State, the judiciary, and related
agencies for the fiscal year ending September 30, 2004; an
original bill making appropriations for the Departments of
Transportation and Treasury, the Executive Office of the
President, and certain independent agencies for the fiscal year
ending September 30, 2004; and S. 1584, an original bill making
appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for
the fiscal year ending September 30, 2004; each subject to
amendment and each subject to the budget allocations, by a
recorded vote of 29-0, a quorum being present. The vote was as
follows:
Yeas Nays
Chairman Stevens
Mr. Cochran
Mr. Specter
Mr. Domenici
Mr. Bond
Mr. McConnell
Mr. Burns
Mr. Shelby
Mr. Gregg
Mr. Bennett
Mr. Campbell
Mr. Craig
Mrs. Hutchison
Mr. DeWine
Mr. Brownback
Mr. Byrd
Mr. Inouye
Mr. Hollings
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Reid
Mr. Kohl
Mrs. Murray
Mr. Dorgan
Mrs. Feinstein
Mr. Durbin
Mr. Johnson
Ms. Landrieu

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

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

COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2003 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2004
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation compared with (+
or -)
Item 2003 Budget House allowance Committee ----------------------------------------------------
appropriation estimate deg. recommendation 2003 Budget House
appropriation estimate allowance
------------------------------------------------------------------------------------------------------------------------- -----------------------------------

TITLE I--DEPARTMENT OF JUSTICE AND

RELATED AGENCY

Foreign terrorist tracking task 61,597 ................. 72,607 +11,010 +72,607
force............................

DEPARTMENT OF JUSTICE

General Administration

Salaries and expenses............. 90,477 133,772 116,171 +25,694 -17,601
Supplemental appropriations 5,000 ................. ............... -5,000 ...............
(Public Law 108-11)..........
Joint automated booking system.... 15,869 ................. 23,176 +7,307 +23,176
Automated Biometric Identification 8,941 ................. ............... -8,941 ...............
System--Integrated Identification
system integration...............
Identification systems integration ............... 34,077 ............... ............... -34,077
Narrowband communications......... 63,936 140,083 103,171 +39,235 -36,912
Transfer from Treasury........ 7,391 ................. ............... -7,391 ...............
Counterterrorism fund............. 993 ................. ............... -993 ...............
Supplemental appropriations 20,000 ................. ............... -20,000 ...............
(Public Law 108-11)..........
Administrative review and appeals. 190,290 197,420 194,111 +3,821 -3,309
Detention trustee................. 768,578 810,125 849,876 +81,298 +39,751
Supplemental appropriations 40,000 ................. ............... -40,000 ...............
(Public Law 108-11)..........
Office of Inspector General....... 51,599 62,029 60,840 +9,241 -1,189
Supplemental appropriations 2,500 ................. ............... -2,500 ...............
(Public Law 108-11)..........
---------------------------------------------------------------------------------------------------------------------
Total, General 1,265,574 1,377,506 1,347,345 +81,771 -30,161
administration.............
=====================================================================================================================
United States Parole Commission

Salaries and expenses............. 10,420 11,051 10,718 +298 -333

Legal Activities

General legal activities:
Direct appropriation.......... 605,368 663,350 630,641 +25,273 -32,709
Radiation exposure 1,983 ................. ............... -1,983 ...............
compensation act.............
Non-defense............... ............... 1,996 1,996 +1,996 ...............
---------------------------------------------------------------------------------------------------------------------
Subtotal................ 607,351 665,346 632,637 +25,286 -32,709

Vaccine injury compensation trust 4,002 4,028 4,028 +26 ...............
fund (permanent).................
Legal activities office automation 15,838 33,240 66,240 +50,402 +33,000

Antitrust Division................ 133,133 141,898 141,898 +8,765 ...............
Offsetting fee collections-- -133,133 -112,000 -112,000 +21,133 ...............
current year.................
---------------------------------------------------------------------------------------------------------------------
Direct appropriation........ ............... 29,898 29,898 +29,898 ...............

United States Attorneys........... 1,493,993 1,556,784 1,507,879 +13,886 -48,905

United States Trustee System Fund. 155,736 175,172 170,168 +14,432 -5,004
Offsetting fee collections.... -149,736 -167,172 -162,168 -12,432 +5,004
Interest on U.S. securities... -6,000 -8,000 -8,000 -2,000 ...............
---------------------------------------------------------------------------------------------------------------------
Direct appropriation........ ............... ................. ............... ............... ...............

Foreign Claims Settlement 1,129 1,212 1,207 +78 -5
Commission.......................

United States Marshals Service:
Salaries and expenses (non- 676,051 720,806 602,274 -73,777 -118,532
CSE).........................
Supplemental 8,000 ................. ............... -8,000 ...............
appropriations (Public
Law 108-11)..............
Courthouse security equipment. ............... ................. ............... ............... ...............
Construction.................. 15,028 ................. 25,964 +10,936 +25,964
---------------------------------------------------------------------------------------------------------------------
Total, United States 699,079 720,806 628,238 -70,841 -92,568
Marshals Service...........

Fees and expenses of witnesses.... 175,645 156,145 156,145 -19,500 ...............
Community Relations Service....... 9,412 9,526 9,526 +114 ...............
Assets forfeiture fund............ 21,759 22,949 22,949 +1,190 ...............
---------------------------------------------------------------------------------------------------------------------
Total, Legal activities..... 3,028,208 3,199,934 3,058,747 +30,539 -141,187
=====================================================================================================================
Interagency Law Enforcement

Interagency crime and drug 369,712 541,844 415,010 +45,298 -126,834
enforcement......................
Interagency law enforcement ............... ................. 551,784 +551,784 +551,784
support..........................

Federal Bureau of Investigation

Salaries and expenses............. 3,680,923 4,149,465 3,395,885 -285,038 -753,580
Supplemental appropriations 367,192 ................. ............... -367,192 ...............
(Public Law 108-11)..........
Counterintelligence and national 472,211 490,104 490,104 +17,893 ...............
security.........................
---------------------------------------------------------------------------------------------------------------------
Direct appropriation........ 4,520,326 4,639,569 3,885,989 -634,337 -753,580

Construction...................... 1,242 ................. 44,791 +43,549 +44,791
---------------------------------------------------------------------------------------------------------------------
Total, Federal Bureau of 4,521,568 4,639,569 3,930,780 -590,788 -708,789
Investigation..............
=====================================================================================================================
Drug Enforcement Administration

Salaries and expenses............. 1,639,223 1,677,304 1,603,780 -35,443 -73,524
Diversion control fund........ -88,450 -118,561 -91,499 -3,049 +27,062
---------------------------------------------------------------------------------------------------------------------
Total, Drug Enforcement 1,550,773 1,558,743 1,512,281 -38,492 -46,462
Administration.............
=====================================================================================================================
Bureau of Alcohol, Tobacco and 788,273 838,987 829,593 +41,320 -9,394
Firearms.........................

GREAT grants.................. 12,915 13,000 ............... -12,915 -13,000
---------------------------------------------------------------------------------------------------------------------
Total....................... 801,188 851,987 829,593 +28,405 -22,394
=====================================================================================================================
Federal Prison System

Salaries and expenses............. 4,044,788 4,677,214 3,872,791 -171,997 -804,423
Buildings and facilities.......... 396,632 ................. 345,805 -50,827 +345,805
Rescission.................... ............... -187,900 ............... ............... +187,900
Federal Prison Industries, 3,407 3,429 3,429 +22 ...............
Incorporated (limitation on
administrative expenses).........
---------------------------------------------------------------------------------------------------------------------
Total, Federal Prison System 4,444,827 4,492,743 4,222,025 -222,802 -270,718
=====================================================================================================================
Office of Justice Programs

Management and administration..... ............... ................. 29,000 +29,000 +29,000
Bureau of Justice assistance...... 199,983 2,136,423 136,500 -63,483 -1,999,923
(By transfer)................. (6,632) ................. ............... (-6,632) ...............
Rescission.................... ............... -11,622 ............... ............... +11,622
---------------------------------------------------------------------------------------------------------------------
Total, Office of Justice 199,983 2,124,801 165,500 -34,483 -1,959,301
Programs...................
=====================================================================================================================
State and local law enforcement
assistance:
Local law enforcement block 397,400 ................. 150,000 -247,400 +150,000
grant........................
Boys and Girls clubs (80,000) ................. (80,000) ............... (+80,000)
(earmark)................
National Institute of (20,000) ................. ............... (-20,000) ...............
Justice (earmark)........
Citizen corps (earmark)... (3,000) ................. ............... (-3,000) ...............
State criminal alien 248,375 ................. 250,000 +1,625 +250,000
assistance program...........
Indian assistance............. 17,883 ................. 18,000 +117 +18,000
Tribal prison construction (5,000) ................. ............... (-5,000) ...............
Indian tribal courts (8,000) ................. ............... (-8,000) ...............
program..................
Indian grants............. (5,000) ................. ............... (-5,000) ...............
Cooperative agreement program. 4,968 ................. ............... -4,968 ...............
Byrne grants (formula)........ 496,750 ................. 500,000 +3,250 +500,000
Byrne grants (discretionary).. 149,933 ................. 88,575 -61,358 +88,575
Juvenile crime block grant.... 188,765 ................. ............... -188,765 ...............
Violence Against Women grants. 387,629 ................. 406,000 +18,371 +406,000
State prison drug treatment... 64,577 ................. ............... -64,577 ...............
Drug courts................... 44,708 ................. 43,500 -1,208 +43,500
Other crime control programs.. 5,653 ................. 5,000 -653 +5,000
Assistance for victims of 9,935 ................. ............... -9,935 ...............
trafficking..................
Prescription drug monitoring.. 7,451 ................. ............... -7,451 ...............
Prison rape prevention........ 12,915 ................. ............... -12,915 ...............
Terrorism prevention and 14,902 ................. ............... -14,902 ...............
response training............
Prior year unobligated -20,854 ................. ............... +20,854 ...............
balances.....................
Associated outlays............ ............... ................. ............... ............... ...............
---------------------------------------------------------------------------------------------------------------------
Total, State and local law 2,030,990 ................. 1,461,075 -569,915 +1,461,075
enforcement................

Weed and seed program fund........ 58,542 ................. 58,542 ............... +58,542

Community oriented policing
services:
Public safety and community 350,942 163,755 260,000 -90,942 +96,245
policing grants..............
Hiring.................... (200,000) ................. (200,000) ............... (+200,000)
Methamphetamine........... (57,132) ................. ............... (-57,132) ...............
Crime fighting technologies... 397,963 ................. 294,636 -103,327 +294,636
COPS technology........... (189,954) ................. (83,960) (-105,994) (+83,960)
Upgrade criminal history (40,000) ................. (36,626) (-3,374) (+36,626)
records (CITA)...........
DNA identification/crime (81,538) ................. (34,050) (-47,488) (+34,050)
lab......................
COPS Interoperability..... (20,000) ................. (140,000) (+120,000) (+140,000)
Supplemental 54,750 ................. ............... -54,750 ...............
appropriations
(Public Law 108-11)..
Community prosecutors......... 84,448 ................. 30,000 -54,448 +30,000
Crime prevention.............. 56,736 ................. 37,000 -19,736 +37,000
Safe schools initiative... (17,000) ................. (17,000) ............... (+17,000)
Justice assistance grants ............... ................. ............... ............... ...............
program......................
Management administration..... 32,785 ................. 35,000 +2,215 +35,000
Rescission.................... ............... -6,378 ............... ............... +6,378
Associated outlays............ ............... ................. ............... ............... ...............
---------------------------------------------------------------------------------------------------------------------
Total, Community oriented 977,624 157,377 656,636 -320,988 +499,259
policing services..........

Juvenile justice programs......... 273,517 ................. 232,330 -41,187 +232,330
(Transfer out)................ (-6,632) ................. ............... (+6,632) ...............

Public safety officers benefits:
Death benefits................ 49,054 49,054 49,054 ............... ...............
Disability benefits........... 3,974 ................. 4,000 +26 +4,000
Educational benefits.......... ............... ................. 3,500 +3,500 +3,500
---------------------------------------------------------------------------------------------------------------------
Total, Public safety 53,028 49,054 56,554 +3,526 +7,500
officers benefits program..
---------------------------------------------------------------------------------------------------------------------
Total, Office of Justice 3,593,684 2,331,232 2,630,637 -963,047 +299,405
Programs...................
=====================================================================================================================
Total, Department of Justice 19,585,954 19,004,609 18,508,920 -1,077,034 -495,689
=====================================================================================================================
Total, title I, Department 19,647,551 19,004,609 18,581,527 -1,066,024 -423,082
of Justice and Related
Agency.....................
(Transfer out).......... (-6,632) ................. ............... (+6,632) ...............
(By transfer)........... (6,632) ................. ............... (-6,632) ...............
=====================================================================================================================
TITLE II--DEPARTMENT OF COMMERCE
AND RELATED AGENCIES

RELATED AGENCIES

Office of the United States Trade
Representative

Salaries and expenses............. 34,772 36,994 36,994 +2,222 ...............
European communities music 3,300 ................. ............... -3,300 ...............
licensing dispute (Public Law 108-
11)..............................

International Trade Commission

Salaries and expenses............. 53,649 58,295 58,295 +4,646 ...............
---------------------------------------------------------------------------------------------------------------------
Total, Related agencies..... 91,721 95,289 95,289 +3,568 ...............
=====================================================================================================================
DEPARTMENT OF COMMERCE

International Trade Administration

Operations and administration..... 367,838 395,123 375,053 +7,215 -20,070
Offsetting fee collections.... -8,000 -13,000 -3,000 +5,000 +10,000
---------------------------------------------------------------------------------------------------------------------
Direct appropriation........ 359,838 382,123 372,053 +12,215 -10,070

Bureau of Industry and Security

Operations and administration..... 59,088 78,169 73,060 +13,972 -5,109
CWC enforcement............... 7,203 ................. ............... -7,203 ...............
---------------------------------------------------------------------------------------------------------------------
Total, Bureau of Industry 66,291 78,169 73,060 +6,769 -5,109
and Security...............

Economic Development
Administration

Economic development assistance 288,115 331,027 357,115 +69,000 +26,088
programs.........................
Salaries and expenses............. 30,565 33,377 30,565 ............... -2,812
---------------------------------------------------------------------------------------------------------------------
Total, Economic Development 318,680 364,404 387,680 +69,000 +23,276
Administration.............

Minority Business Development
Agency

Minority business development..... 28,718 29,487 28,718 ............... -769
---------------------------------------------------------------------------------------------------------------------
Total, Trade and 865,248 949,472 956,800 +91,552 +7,328
Infrastructure Development.
=====================================================================================================================
ECONOMIC AND INFORMATION
INFRASTRUCTURE

Economic and Statistical Analysis

Salaries and expenses............. 71,689 84,756 84,756 +13,067 ...............

Bureau of the Census

Salaries and expenses............. 181,811 220,908 181,811 ............... -39,097
Periodic censuses and programs.... 369,067 441,053 369,067 ............... -71,986
---------------------------------------------------------------------------------------------------------------------
Total, Bureau of the Census. 550,878 661,961 550,878 ............... -111,083

National Telecommunications and
Information Administration

Salaries and expenses............. 14,604 18,869 15,042 +438 -3,827
Public telecommunications 43,273 2,538 55,000 +11,727 +52,462
facilities, planning and
construction.....................
Information infrastructure grants. 15,402 ................. 15,500 +98 +15,500
---------------------------------------------------------------------------------------------------------------------
Total, National 73,279 21,407 85,542 +12,263 +64,135
Telecommunications and
Information Administration.

United States Patent and Trademark
Office

Current year fee funding.......... 1,015,229 1,203,055 1,217,460 +202,231 +14,405
Prior year carryover.............. 166,771 ................. ............... -166,771 ...............
Proposed legislation.............. ............... 192,000 ............... ............... -192,000
---------------------------------------------------------------------------------------------------------------------
Total, Patent and Trademark 1,182,000 1,395,055 1,217,460 +35,460 -177,595
Office.....................

Offsetting fee collections.. -1,015,229 -1,203,055 -1,217,460 -202,231 -14,405
=====================================================================================================================
Total, Economic and 862,617 960,124 721,176 -141,441 -238,948
Information Infrastructure.
=====================================================================================================================
SCIENCE AND TECHNOLOGY

Technology Administration

Office of Technology Policy

Salaries and expenses............. 9,822 8,015 ............... -9,822 -8,015
NTIS revolving fund............... ............... ................. ............... ............... ...............

National Institute of Standards
and Technology

Scientific and technical research 357,075 379,849 383,375 +26,300 +3,526
and services.....................
Industrial technology services.... 284,760 39,607 369,223 +84,463 +329,616
Construction of research 65,670 69,590 84,630 +18,960 +15,040
facilities.......................
Working capital fund.............. ............... 7,772 7,772 +7,772 ...............
---------------------------------------------------------------------------------------------------------------------
Total, National Institute of 707,505 496,818 845,000 +137,495 +348,182
Standards and Technology...

National Oceanic and Atmospheric
Administration

Operations, research, and 2,298,481 2,389,300 2,696,520 +398,039 +307,220
facilities.......................
(By transfer from Promote and (65,000) (75,000) (52,000) (-13,000) (-23,000)
Develop Fund)................
(By transfer from Coastal zone ............... 3,000 ............... ............... -3,000
management)..................
Deobligations returned........ ............... ................. -15,000 -15,000 -15,000
---------------------------------------------------------------------------------------------------------------------
Total, Operations, research, 2,298,481 2,392,300 2,681,520 +383,039 +289,220
and facilities.............

International fisheries 16,989 20,043 20,743 +3,754 +700
commissions......................
Litigation and settlement fund.... ............... ................. 5,000 +5,000 +5,000
Procurement, acquisition and 754,096 842,399 990,127 +236,031 +147,728
construction.....................
Supplemental appropriations 65,000 ................. ............... -65,000 ...............
(Public Law 108-11)..........
---------------------------------------------------------------------------------------------------------------------
Total, Procurement, 819,096 842,399 990,127 +171,031 +147,728
acquisition and
construction...............

Pacific coastal salmon recovery... 129,155 90,000 90,000 -39,155 ...............
Coastal zone management fund...... -3,000 -3,000 -3,000 ............... ...............
Fishermen's contingency fund...... 1 956 1 ............... -955
Foreign fishing observer fund..... 1 191 1 ............... -190
Fisheries finance program account. -8,000 -4,000 -5,000 +3,000 -1,000
---------------------------------------------------------------------------------------------------------------------
Total, National Oceanic and 3,252,723 3,338,889 3,779,392 +526,669 +440,503
Atmospheric Administration.
=====================================================================================================================
Total, Science and 3,970,050 3,843,722 4,624,392 +654,342 +780,670
Technology.................

Departmental Management

Salaries and expenses............. 44,662 57,191 44,662 ............... -12,529
Office of Inspector General....... 20,501 23,378 21,116 +615 -2,262
---------------------------------------------------------------------------------------------------------------------
Total, Departmental 65,163 80,569 65,778 +615 -14,791
management.................

Tourism promotion (sec. 210)...... 49,675 ................. ............... -49,675 ...............
EDA conveyance (sec. 211)......... ............... ................. 1,000 +1,000 +1,000
Extension of steel loan guarantees ............... ................. ............... ............... ...............
(Sec. 213).......................
---------------------------------------------------------------------------------------------------------------------
Total, Department of 5,721,032 5,738,598 6,273,857 +552,825 +535,259
Commerce...................
=====================================================================================================================
Total, title II, Department 5,812,753 5,833,887 6,369,146 +556,393 +535,259
of Commerce and related
agencies...................
Appropriations.......... (5,812,753) (5,833,887) (6,369,146) (+556,393) (+535,259)
(By transfer)........... (65,000) (75,000) (52,000) (-13,000) (-23,000)
=====================================================================================================================
TITLE III--THE JUDICIARY

Supreme Court of the United States

Salaries and expenses:
Salaries of justices.......... 1,872 1,896 1,896 +24 ...............
Other salaries and expenses... 43,586 55,581 57,518 +13,932 +1,937
Supplemental appropriations 1,535 ................. ............... -1,535 ...............
(Public Law 108-11)..........
---------------------------------------------------------------------------------------------------------------------
Total, Salaries and expenses 46,993 57,477 59,414 +12,421 +1,937

Care of the building and grounds.. 41,355 4,658 4,658 -36,697 ...............
---------------------------------------------------------------------------------------------------------------------
Total, Supreme Court of the 88,348 62,135 64,072 -24,276 +1,937
United States..............

United States Court of Appeals for
the Federal Circuit

Salaries and expenses:
Salaries of judges............ 2,225 2,237 2,237 +12 ...............
Other salaries and expenses... 17,970 20,185 18,425 +455 -1,760
Supplemental appropriations 973 ................. ............... -973 ...............
(Public Law 108-11)..........
---------------------------------------------------------------------------------------------------------------------
Total, Salaries and expenses 21,168 22,422 20,662 -506 -1,760

United States Court of
International Trade

Salaries and expenses:
Salaries of judges............ 1,678 1,721 1,721 +43 ...............
Other salaries and expenses... 11,931 12,485 11,489 -442 -996
Supplemental appropriations 50 ................. ............... -50 ...............
(Public Law 108-11)..........
---------------------------------------------------------------------------------------------------------------------
Total, Salaries and expenses 13,659 14,206 13,210 -449 -996

Courts of Appeals, District
Courts, and Other Judicial
Services

Salaries and expenses:
Salaries of judges and 263,854 274,504 274,504 +10,650 ...............
bankruptcy judges............
Other salaries and expenses... 3,513,161 3,913,848 3,619,517 +106,356 -294,331
---------------------------------------------------------------------------------------------------------------------
Direct appropriation........ 3,777,015 4,188,352 3,894,021 +117,006 -294,331

Vaccine Injury Compensation Trust 2,766 3,293 3,293 +527 ...............
Fund.............................
Defender services................. 534,961 635,481 595,006 +60,045 -40,475
Fees of jurors and commissioners.. 54,281 53,181 53,181 -1,100 ...............
Court security.................... 266,655 311,171 266,058 -597 -45,113
---------------------------------------------------------------------------------------------------------------------
Total, Courts of Appeals, 4,635,678 5,191,478 4,811,559 +175,881 -379,919
District Courts, and Other
Judicial Services..........

Administrative Office of the
United States Courts

Salaries and expenses............. 63,087 71,908 63,717 +630 -8,191

Federal Judicial Center

Salaries and expenses............. 20,720 21,660 22,434 +1,714 +774

Judicial Retirement Funds

Payment to Judiciary Trust Funds.. 35,300 29,000 29,000 -6,300 ...............

United States Sentencing
Commission

Salaries and expenses............. 12,011 13,200 12,011 ............... -1,189

General Provisions

Judges pay raise (sec. 304)....... ............... 4,000 4,000 +4,000 ...............
Judges pay raise (sec. 305)....... ............... ................. 36,000 +36,000 +36,000
---------------------------------------------------------------------------------------------------------------------
Total, General provisions... ............... 4,000 40,000 +40,000 +36,000
=====================================================================================================================
Total, title III, the 4,889,971 5,430,009 5,076,665 +186,694 -353,344
Judiciary..................
=====================================================================================================================
TITLE IV--DEPARTMENT OF STATE AND
RELATED AGENCY

Administration of Foreign Affairs

Diplomatic and consular programs.. 3,248,008 3,516,843 3,280,405 +32,397 -236,438
(Transfer out)................ (-4,000) (-4,000) (-4,000) ............... ...............
Supplemental appropriations 98,420 ................. ............... -98,420 ...............
(Public Law 108-11)..........
Worldwide security upgrades... 549,405 646,701 594,373 +44,968 -52,328
(Transfer out)................ ............... ................. (-20,000) (-20,000) (-20,000)
---------------------------------------------------------------------------------------------------------------------
Total, Diplomatic and 3,895,833 4,163,544 3,874,778 -21,055 -288,766
consular programs..........

Capital investment fund........... 182,119 157,000 207,000 +24,881 +50,000
Office of Inspector General....... 29,074 31,703 31,703 +2,629 ...............
(By transfer)................. ............... ................. (20,000) (+20,000) (+20,000)
Educational and cultural exchange 243,712 345,346 255,292 +11,580 -90,054
programs.........................
Representation allowances......... 6,443 9,000 6,643 +200 -2,357
Protection of foreign missions and 10,929 10,000 10,000 -929 ...............
officials........................
Embassy security, construction, 505,195 653,000 483,470 -21,725 -169,530
and maintenance..................
Supplemental appropriations 149,500 ................. ............... -149,500 ...............
(Public Law 108-11)..........
Worldwide security upgrades... 750,093 861,400 933,122 +183,029 +71,722
Emergencies in the diplomatic and 6,458 1,000 1 -6,457 -999
consular service.................
Supplemental appropriations 50,000 ................. ............... -50,000 ...............
(Public Law 108-11)..........
(By transfer)................. (4,000) (4,000) (4,000) ............... ...............
(Transfer out)................ (-1,000) (-1,000) (-1,000) ............... ...............

Repatriation Loans Program
Account:
Direct loans subsidy.......... 608 612 612 +4 ...............
Administrative expenses....... 603 607 607 +4 ...............
(By transfer)................. (1,000) (1,000) (1,000) ............... ...............
---------------------------------------------------------------------------------------------------------------------
Total, Repatriation loans 1,211 1,219 1,219 +8 ...............
program account............

Payment to the American Institute 18,330 19,773 19,893 +1,563 +120
in Taiwan........................
Payment to the Foreign Service 138,200 134,979 134,979 -3,221 ...............
Retirement and Disability Fund...
---------------------------------------------------------------------------------------------------------------------
Total, Administration of 5,987,097 6,387,964 5,958,100 -28,997 -429,864
Foreign Affairs............

International Organizations and
Conferences

Contributions to international 860,371 1,010,463 921,888 +61,517 -88,575
organizations, current year
assessment.......................
Contributions for international 669,331 550,200 482,649 -186,682 -67,551
peacekeeping activities, current
year.............................
---------------------------------------------------------------------------------------------------------------------
Total, International 1,529,702 1,560,663 1,404,537 -125,165 -156,126
Organizations and
Conferences................

International Commissions

International Boundary and Water
Commission, United States and
Mexico:
Salaries and expenses......... 25,316 31,562 28,312 +2,996 -3,250
Construction.................. 5,415 8,901 8,201 +2,786 -700
American sections, international 9,410 11,204 10,942 +1,532 -262
commissions......................
International fisheries 16,989 20,043 ............... -16,989 -20,043
commissions......................
---------------------------------------------------------------------------------------------------------------------
Total, International 57,130 71,710 47,455 -9,675 -24,255
commissions................

Other

International Center for Middle ............... ................. 7,000 +7,000 +7,000
Eastern-Western dialogue.........
Payment to the Asia Foundation.... 10,376 9,250 ............... -10,376 -9,250
Eisenhower Exchange Fellowship 497 500 500 +3 ...............
program..........................
Israeli Arab scholarship program.. 373 375 375 +2 ...............
East-West Center.................. 17,883 14,280 19,000 +1,117 +4,720
National Endowment for Democracy.. 41,727 36,000 36,000 -5,727 ...............
---------------------------------------------------------------------------------------------------------------------
Total, Department of State.. 7,644,785 8,080,742 7,472,967 -171,818 -607,775
=====================================================================================================================
RELATED AGENCY

Broadcasting Board of Governors

International Broadcasting 465,850 525,204 518,149 +52,299 -7,055
Operations.......................
Supplemental appropriations 30,500 ................. ............... -30,500 ...............
(Public Law 108-11)..........
Broadcasting to Cuba.............. 24,834 26,901 28,101 +3,267 +1,200
Broadcasting capital improvements. 12,657 11,395 11,395 -1,262 ...............
---------------------------------------------------------------------------------------------------------------------
Total, Broadcasting Board of 533,841 563,500 557,645 +23,804 -5,855
Governors..................
=====================================================================================================================
Total, title IV, Department 8,178,626 8,644,242 8,030,612 -148,014 -613,630
of State...................
(Transfer out).......... (-5,000) (-5,000) (-25,000) (-20,000) (-20,000)
(By transfer)........... (5,000) (5,000) (25,000) (+20,000) (+20,000)
=====================================================================================================================
TITLE V--RELATED AGENCIES

Commission for the Preservation of
America's Heritage Abroad

Salaries and expenses............. 496 499 659 +163 +160

Commission on Civil Rights

Salaries and expenses............. 9,037 9,096 9,096 +59 ...............

Commission on International
Religious Freedom

Salaries and expenses............. 2,865 3,000 2,000 -865 -1,000

Commission on Ocean Policy

Salaries and expenses............. 1,987 ................. ............... -1,987 ...............

Commission on Security and
Cooperation in Europe

Salaries and expenses............. 1,572 1,615 1,615 +43 ...............

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

Salaries and expenses............. 1,371 1,800 1,400 +29 -400

Equal Employment Opportunity
Commission

Salaries and expenses............. 306,815 334,754 334,754 +27,939 ...............
Supplemental appropriations 15,000 ................. ............... -15,000 ...............
(Public Law 108-11)..........

Federal Communications Commission

Salaries and expenses............. 270,987 280,798 277,798 +6,811 -3,000
Offsetting fee collections-- -269,000 -251,984 -251,984 +17,016 ...............
current year.................
---------------------------------------------------------------------------------------------------------------------
Direct appropriation........ 1,987 28,814 25,814 +23,827 -3,000

Federal Trade Commission

Salaries and expenses............. 176,553 191,132 189,032 +12,479 -2,100
Offsetting fee collections-- -150,000 -112,000 -112,000 +38,000 ...............
current year.................
Offsetting fee collections, -18,100 -18,000 -18,000 +100 ...............
telephone database...........
---------------------------------------------------------------------------------------------------------------------
Direct appropriation........ 8,453 61,132 59,032 +50,579 -2,100

Legal Services Corporation

Payment to the Legal Services 336,645 329,300 338,848 +2,203 +9,548
Corporation......................

Marine Mammal Commission

Salaries and expenses............. 3,030 1,856 3,066 +36 +1,210

National Commission on Terrorism
Attacks Upon the United States

Salaries and expenses (Public Law 11,000 ................. ............... -11,000 ...............
108-11)..........................

National Veterans Business
Development Corporation

Salaries and expenses............. 1,987 2,000 2,000 +13 ...............

Securities and Exchange Commission

Salaries and expenses............. 745,789 841,507 841,500 +95,711 -7
Prior year unobligated balances... -29,439 ................. ............... +29,439 ...............
---------------------------------------------------------------------------------------------------------------------
Direct appropriation........ 716,350 841,507 841,500 +125,150 -7

Small Business Administration

Salaries and expenses............. 312,413 360,155 332,413 +20,000 -27,742
Office of Inspector General....... 12,341 14,500 12,341 ............... -2,159
Business Loans Program Account:
Direct loans subsidy.......... 3,702 1,910 1,910 -1,792 ...............
Guaranteed loans subsidy...... 84,805 94,860 85,758 +953 -9,102
Administrative expenses....... 128,161 129,000 129,000 +839 ...............
---------------------------------------------------------------------------------------------------------------------
Total, Business loans 216,668 225,770 216,668 ............... -9,102
program account............

Disaster Loans Program Account:
Direct loans subsidy.......... 72,665 79,109 79,109 +6,444 ...............
Administrative expenses....... 117,585 118,354 111,141 -6,444 -7,213
Gainsharing................... ............... 3,000 ............... ............... -3,000
---------------------------------------------------------------------------------------------------------------------
Total, Disaster loans 190,250 200,463 190,250 ............... -10,213
program account............
---------------------------------------------------------------------------------------------------------------------
Total, Small Business 731,672 800,888 751,672 +20,000 -49,216
Administration.............

State Justice Institute

Salaries and expenses............. 2,981 ................. 5,000 +2,019 +5,000

United States-China Economic and
Security Review Commission

Salaries and expenses............. ............... ................. 2,000 +2,000 +2,000
=====================================================================================================================
Total, title V, Related 2,153,248 2,416,261 2,378,456 +225,208 -37,805
agencies...................
=====================================================================================================================
TITLE VII--RESCISSIONS

DEPARTMENT OF JUSTICE

General Administration

Working Capital fund (rescission). -78,000 ................. -499 +77,501 -499
Counterterrorism fund (rescission) ............... ................. -50,000 -50,000 -50,000

Legal Activities

Assets forfeiture fund -50,874 ................. -499 +50,375 -499
(rescission).....................

Immigration and Naturalization
Service

Immigration emergency fund -580 ................. ............... +580 ...............
(rescission).....................

Office of Justice Programs

Various accounts (rescission)..... ............... ................. -9,500 -9,500 -9,500

DEPARTMENT OF COMMERCE

National Institute of Standards
and Technology

Construction of research ............... ................. -3,000 -3,000 -3,000
facilities (rescission)..........

National Oceanic and Atmostpheric
Administration

Coastal impact assistance -7,000 ................. ............... +7,000 ...............
(rescission).....................

Departmental Management

Emergency oil and gas guaranteed -920 ................. ............... +920 ...............
loan program account (rescission)
Emergency steel guaranteed loan ............... -97,000 ............... ............... +97,000
program account (rescission).....

RELATED AGENCIES

Federal Communications Commission

Salaries and expenses (rescission) -5,700 ................. ............... +5,700 ...............

Small Business Administration

Salaries and expenses (rescission) -13,750 ................. ............... +13,750 ...............
Business Loans Program Account:
Guaranteed loans subsidy -10,500 ................. ............... +10,500 ...............
(rescission).................
=====================================================================================================================
Total, title VII, -167,324 -97,000 -63,498 +103,826 +33,502
Rescissions................
=====================================================================================================================
Grand total:
New budget 40,514,825 41,232,008 40,372,908 -141,917 -859,100
(obligational)
authority..............
Appropriations...... (40,682,149) (41,534,908) (40,436,406) (-245,743) (-1,098,502)
Rescissions......... (-167,324) (-302,900) (-63,498) (+103,826) (+239,402)
(Transfer out).......... (-11,632) (-5,000) (-25,000) (-13,368) (-20,000)
(By transfer)........... (76,632) (80,000) (77,000) (+368) (-3,000)
--------------------------------------------------------------------------------------------------------------------------------------------------------