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                                                       Calendar No. 137
109th Congress                                                   Report
                                 SENATE
 1st Session                                                     109-88

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



 
  DEPARTMENTS OF COMMERCE AND JUSTICE, SCIENCE, AND RELATED AGENCIES 
                       APPROPRIATIONS BILL, 2006

                                _______
                                

                 June 23, 2005.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                   [To accompany H.R. 2862]

    The Committee on Appropriations reports the bill (S. 0000) 
making appropriations for the Departments of Commerce, Justice, 
and State, the judiciary, and related agencies for the fiscal 
year ending September 30, 2006, and for other purposes, reports 
favorably thereon and recommends that the bill do pass. deg.
    The Committee on Appropriations to which was referred the 
bill (H.R. 2862) making appropriations for Science, the 
Departments of State, Justice, and Commerce, and Related 
Agencies for the fiscal year ending September 30, 2006, and for 
other purposes, reports the bill making appropriations for the 
Departments of Commerce and Justice, Science, and Related 
Agencies for the fiscal year ending September 30, 2006, and for 
other purposes, to the Senate with an amendment, and with an 
amendment to the title, and recommends that the bill, as 
amended, do pass. The Committee on Appropriations shall address 
appropriations for the Department of State and Related Agencies 
for fiscal year 2006 under a separate bill. Appropriations for 
said agencies are not assumed in the table below.



Total obligational authority, fiscal year 2006

Total of bill as reported to the Senate................. $52,357,161,000
Amount of 2005 appropriations...........................  52,014,314,000
Amount of 2006 budget estimate..........................  54,366,388,000
Amount of House allowance...............................  51,678,177,000
Bill as recommended to Senate compared to--
    2005 appropriations.................................    +342,847,000
    2006 budget estimate................................  -2,009,227,000
    House allowance.....................................    +678,984,000


                            C O N T E N T S

                              ----------                              
                                                                   Page
Background:
    Purpose of the Bill..........................................     3
    Summary of the Bill..........................................     4
Budgetary Impact of the Bill.....................................     6
Title I--Department of Justice...................................     7
Title II--Department of Commerce and Related Agencies............    50
Title III--Science...............................................    62
Title IV--Related Agencies:
    Commission on Civil Rights...................................   105
    Equal Employment Opportunity Commission......................   105
    Federal Communications Commission............................   106
    Federal Trade Commission.....................................   107
    Legal Services Corporation...................................   108
    Marine Mammal Commission.....................................   109
    National Veterans' Business Development Corporation..........   109
    Securities and Exchange Commission...........................   109
    Small Business Administration................................   110
    State Justice Institute......................................   114
Title V--General Provisions......................................   115
Title VI--Rescissions............................................   117
Compliance With Paragraph 7, Rule XVI of the Standing Rules of 
  the Sen- 
  ate............................................................   118
Compliance With Paragraph 7(c) Rule XXVI of the Standing Rules of 
  the Senate.....................................................   120
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of 
  the Senate.....................................................   121

                     Purpose and Scope of the Bill

    This bill makes appropriations for the Departments of 
Commerce and Justice, science, and related agencies for fiscal 
year 2006.
    The Commerce, Justice, Science, and Related Agencies 
appropriations bill is the principal source of financial 
resources to support the Departments of Justice and Commerce, 
including the National Oceanic and Atmospheric Administration, 
the National Aeronautics and Space Administration, the National 
Science Foundation, and a number of independent agencies and 
commissions, including the Office of the United States Trade 
Representative, the Securities and Exchange Commission, the 
Small Business Administration, the Federal Trade Commission, 
and the Federal Communications Commission.
    In February 2005, the Senate Committee on Appropriations 
underwent a reorganization that collapsed the number of 
subcommittees from 13 to 12. The Subcommittee on Commerce, 
Justice, State, the Judiciary and Related Agencies became the 
Subcommittee on Commerce, Justice, Science, and Related 
Agencies. Appropriations for the operations of the Department 
of State were transferred to the Subcommittee on Foreign 
Operations, now the Subcommittee on State, Foreign Operations, 
and Related Agencies, and appropriations for the Federal 
judiciary were transferred to the Subcommittee on 
Transportation and Treasury and Independent Agencies, now the 
Subcommittee on Transportation, Treasury, the Judiciary, 
Housing and Urban Development, and Related Agencies. 
Appropriations for the National Aeronautics and Space 
Administration, the National Science Foundation, and the Office 
of Science and Technology Policy within the Executive Office of 
the President were transferred to the subcommittee formerly 
known as Commerce, Justice, State, the Judiciary and Related 
Agencies, now Commerce, Justice, Science, and Related Agencies.
    The bill remains a principal source of support for Federal 
programs to combat terrorism, including the intelligence, 
counterterrorism, and national security programs of the Federal 
Bureau of Investigation. The bill remains a source of support 
for Federal law enforcement, and grant assistance to State and 
local law enforcement agencies throughout the United States. 
The Committee notes with disappointment the elimination of many 
State and local law enforcement assistance programs in the 
President's budget submission for fiscal year 2006. The bill 
remains the principal source of support for the Department of 
Commerce and the Nation's lead civilian ocean and atmosphere 
research, science, and service agency, the National Oceanic and 
Atmospheric Administration [NOAA]. The Committee is intensely 
disappointed by the nearly 9 percent reduction from the fiscal 
year 2005 enacted level proposed for NOAA this year. The bill 
is now the principal source of resources for aeronautics 
research and space exploration. Finally, the bill supports a 
number of independent agencies and commissions, and has a key 
leadership role in supporting technology, innovation, and the 
stability of United States financial markets.
    The Commerce and Justice, Science, and Related Agencies 
appropriations bill, as was its predecessor, is among the most 
diverse of the 12 appropriations bills that provide for the 
discretionary funding of the Federal Government. The bill 
provides for pay of personnel, operations and maintenance, 
grants and contracts, research and development, procurement, 
and construction at 27 different agencies and departments 
(including 2 Cabinet agencies), bureaus, and commissions.

                          Summary of the Bill

    The total amount of new budget authority recommended by the 
Committee for this bill in fiscal year 2006 is $48,875,000,000, 
including $229,000,000 in mandatory appropriations. The amount 
of discretionary budget authority as defined by the Budget Act 
is $48,646,000,000.
    The total amount of new budget authority represents an 
increase of $875,476,000 compared with the fiscal year 2005 
enacted level and a decrease of $2,052,227,000 compared with 
the budget request. The recommendation does not include 
$3,710,000,000 for the Strengthening America's Communities 
Initiative, as proposed in the budget request.
    The Committee recommended bill is within the Committee's 
section 302(b) allocation for the Commerce and Justice, 
Science, and Related Agencies appropriations bill. The 
Committee has made difficult but necessary tradeoffs to craft a 
bill that is within these limits.

            REPROGRAMMINGS, REORGANIZATIONS, AND RELOCATIONS

    Section 505 of this Act (section 605 of previous Commerce, 
Justice, State, the judiciary, and Related Agencies 
Appropriations Acts) provides procedures for the reprogramming 
of funds. To reprogram is to change the use of funds from the 
specific purposes provided for in the Act and the accompanying 
statement or, in the absence of direction from the Committees 
on Appropriations, from the specific purposes provided for in 
the President's budget request. Each title of the bill also has 
traditionally included separate provisions that define 
permissible transfers of resources between appropriation 
accounts. These transfer authority provisions are also pursuant 
to section 505, and were initiated in the early 1990's to 
provide additional flexibility to the agencies supported by the 
bill.
    Section 505 provides that the chairmen of the Committees on 
Appropriations be notified by letter at least 15 days prior to 
the reprogramming of funds in excess of a dollar threshold or 
10 percent of the overall funding level for a program, 
whichever is less, between programs and activities. This 
provision also restates a number of other instances where 
proposed agency actions require the submission of a 
reprogramming, including providing funds or personnel for any 
project that has been denied or restricted, reorganizations, 
contracting, etc.
    The reprogramming process is based on comity between the 
Appropriations Committee and the executive branch. The 
Commerce, Justice, Science, and Related Agencies appropriations 
bill provides specific program guidance through the statement 
accompanying this Act and tables accompanying the bill. The 
process is intended to provide some flexibility to meet 
changing circumstances and emergency requirements, if there is 
agreement between the executive branch and the legislative 
branch that such a change is warranted. Reprogramming 
procedures provide a means for the affected branches to agree 
on adjustments, if necessary, during a fiscal year, or to 
ensure that the Committees are kept apprised in instances where 
non-appropriated resources are used to meet program 
requirements, such as fee collections and unobligated balances 
that were not considered in the development of the 
appropriations legislation.
    In the absence of comity and respect for the prerogatives 
of the Appropriations Committees and Congress in general, the 
Committee has no choice but to put specific program limitations 
and detail in legislation. Under these circumstances, programs, 
projects, and activities become absolutes and the executive 
branch shall lose the ability to propose changes in the use of 
appropriations through the reprogramming process between 
programs, projects, and activities without seeking legislative 
action.
    The reprogramming process, in general, works well and 
ensures that the public's interests are protected. The 
Committee is concerned, however, the executive branch often 
establishes a cumbersome, bureaucratic process resulting in 
significant delays before reprogramming proposals are 
transmitted to Congress. The executive branch should set cycle 
times for ensuring the rapid consideration and transmittal of 
reprogramming proposals. In some instances, it can take over 6 
months from when a bureau proposes a reprogramming action and 
when approval is received from the Office of Management and 
Budget [OMB] and notification is transmitted to Congress. This 
bureaucratic delay has led to unacceptable situations where 
agencies already have obligated funds before Congress has been 
consulted. Such ``after the fact'' reprogrammings will not be 
tolerated. They undercut the basic premise upon which 
appropriations law is founded.
    Unfortunately, the Committee is aware that some agencies 
have not complied with reprogramming procedures and have 
proceeded with reprogrammings without securing the Committee's 
approval. Therefore, the bill eliminates a number of 
flexibilities and authorities afforded those agencies in past 
years. The Committee regrets the necessity of this action. 
However, in the absence of comity, the Committee is required to 
take additional actions to ensure that funds are only spent for 
the purposes appropriated.

                NON-CAREER PERSONNEL REDUCTIONS-IN-FORCE

    The Committee directs departments or agencies funded in the 
accompanying bill that are planning to conduct a reduction in 
force [RIF] to notify the Committee by letter 30 days in 
advance of the date of the proposed personnel action. Also, the 
Committee directs that any items which are subject to 
interpretation will be reported.

                        APPROPRIATIONS LIAISONS

    The Committee again prefers to channel most of its 
inquiries and requests for information and assistance through 
the budget offices or comptroller organizations of the 
departments and agencies funded in the accompanying bill, but 
reserves the right to call upon any individual or organization 
in any agency under its jurisdiction. The Committee continues 
to stress the natural affinity between agency financial 
management organizations and the Appropriations Committee, 
which makes a close working relationship imperative.

                                            BUDGETARY IMPACT OF BILL
  PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
                                                     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 2006: Subcommittee on Commerce and Justice, Science,
 and Related Agencies:
    Mandatory...............................................          229          229          241      \1\ 241
    Discretionary...........................................       48,646       48,646       49,575   \1\ 49,254
Projection of outlays associated with the recommendation:
    2006....................................................  ...........  ...........  ...........   \2\ 29,665
    2007....................................................  ...........  ...........  ...........       13,599
    2008....................................................  ...........  ...........  ...........        3,970
    2009....................................................  ...........  ...........  ...........        1,755
    2010 and future years...................................  ...........  ...........  ...........          749
Financial assistance to State and local governments for                NA        2,858           NA          578
 2006.......................................................
----------------------------------------------------------------------------------------------------------------
\1\ Includes outlays from prior-year budget authority.
\2\ Excludes outlays from prior-year budget authority.

NA: Not applicable.


                     TITLE I--DEPARTMENT OF JUSTICE

    The Committee recommends a total of $21,202,485,000 for the 
Department of Justice [DOJ]. The recommendation is $568,399,000 
above the fiscal year 2005 funding level, excluding emergency 
supplemental appropriations and $602,025,000 above the budget 
request. The Committee has made funding for combating and 
prosecuting terrorism, intelligence capabilities enhancements, 
and critical information technology and infrastructure 
investments the centerpiece of the fiscal year 2006 Department 
of Justice appropriations bill.
    Throughout this title, the Committee recommends funding for 
mandatory personnel expenses, including the 2.3 percent pay 
raise proposed for fiscal year 2006, annualization of the 
fiscal year 2005 pay raises and increases, and annualization of 
the fiscal year 2004 increases and positions, unless otherwise 
provided below.
    Proposed Fiscal Year 2006 Adjustments and Reductions.--The 
Committee recommends all proposed decreases and adjustments to 
base and offsets contained in the budget request, unless 
otherwise provided below.
    Budget Restructuring Proposals.--The Committee remains 
concerned with the Department's repeated proposal to 
consolidate existing decision units. All accounts within the 
DOJ, therefore, shall continue to use their fiscal year 2005 
decision units and account structures, unless otherwise 
specified in prior years or in the following recommendation.

                         General Administration


                         SALARIES AND EXPENSES

Appropriations, 2005....................................    $122,443,000
Budget estimate, 2006...................................     161,407,000
House allowance.........................................     126,956,000
Committee recommendation................................     125,936,000

    The Committee recommends an appropriation of $125,936,000. 
The recommendation is $3,493,000 above the fiscal year 2005 
funding level and $35,471,000 below the budget request.
    This account funds the development of policy objectives and 
the overall management of the Department of Justice.
    Office of Intelligence Policy and Review.--The workload of 
the Office of Intelligence Policy and Review [OIPR] has 
increased significantly since September 11, 2001, particularly 
in the terms of the number of Foreign Intelligence Surveillance 
Act [FISA] applications the office must prepare and process. 
FISA is used by the Government as a tool to obtain foreign 
intelligence for fighting terrorism and for countering 
espionage activities directed against the United States. 
Although many of the details are classified, the FISA has, 
since September 11, 2001, become an indispensable and critical 
legal tool enabling collection of actionable intelligence to 
protect the United States and its citizens from another 
terrorist attack. To meet its increased FISA workload, OIPR has 
been forced in the past 2 years to rely on a significant number 
of temporary detailees from other Justice Department components 
to augment its permanent attorney staff, a solution that is 
expensive and inefficient. Staffing shortfalls in OIPR have 
required the FBI to prioritize the requests and determine which 
lower priority cases must remain pending until resources are 
available to address them. Increased resources for additional 
staff and technology support will allow OIPR to keep up with 
the pace of its current workload as well as process lower 
priority FISA requests more quickly and generally increase the 
ability of the Government to utilize FISA optimally as a 
collection tool consistent with the statute and the 
Constitution. The Committee recommendation therefore includes 
an additional $6,809,000 for OIPR to continue the significant 
staffing expansion begun in fiscal year 2005.
    Report on Centralized Services and E-Gov Savings.--The 
Attorney General shall provide a report to the Committees on 
Appropriations, no later than 30 days after the date of 
enactment of this Act and quarterly thereafter, on all 
administrative, E-Gov, and centralized training service charges 
to all components of the Department of Justice [DOJ]. The 
report shall include: (1) how costs are derived; (2) the 
specific activities paid for; (3) the savings achieved by 
having a centralized service or E-Gov implementation; (4) all 
data used to compute savings; (5) how often the charges are 
administered; (6) a breakout of all centralized services rolled 
into the General Administration account or any other account, 
as well as in each bureau's budgets. All future budget 
submissions to the Committees on Appropriations shall include 
this detailed breakout.
    Security and Emergency Planning.--The Committee 
recommendation provides $186,000 and one position to enhance 
the Department-Wide Continuity of Operations Plan.
    Attorney Hiring and Diversity.--To support the Department's 
hiring and diversity policies for Departmental attorneys, the 
Committee recommendation provides $700,000 for an automated 
attorney hiring personnel system and $50,000 for the 
Department's Attorney Student Loan Repayment Program.
    Transfer From the Bureau of Alcohol, Tobacco, Firearms and 
Explosives [ATF].--The Committee denies the proposed transfer 
of positions and resources from the ATF to the Justice 
Management Division. These positions are better managed within 
the Bureau's overall workforce. The Committee recommendation 
does include language transferring from the DOJ's Office of 
Legislative Affairs $500,000 and two personnel to the ATF's 
Office of Legislative Affairs. This will allow these employees 
to gain practical experience that will help the DOJ better 
understand and support the mission of their law enforcement 
agencies in the future.
    ATF Fees.--The Committee is concerned about the budget 
proposal to increase fees to cover existing base programs of 
the ATF. Implementation of this fee by the legislative and 
executive branches presents significant obstacles. The 
Committee understands that it would take the Department 18 to 
24 months to implement the rule necessary to collect this fee. 
Funds to support these base operations therefore would not 
materialize in fiscal year 2006. Future fee proposals of this 
nature will be evaluated and applied against the resources of 
the General Administration account of the DOJ.
    Election Crimes.--The Committee is concerned about the high 
number of persistent accusations of election crimes in recent 
elections and a lack of prosecutions by the Justice Department. 
The Committee directs the Attorney General to report, within 90 
days of enactment of this Act, on the number of cases being 
pursued by the DOJ related to election crimes, and the number 
of attorneys dedicated full time to prosecuting such crimes. 
The Committee encourages the Department to devote more 
attention and resources to this issue, which is critical to 
public confidence in the integrity of the election process.
    Privacy Assessment.--The Committee has recommended $500,000 
to direct a third party privacy assessment of the DOJ. DOJ is 
the repository of large amounts of personal information, much 
of it related to counterterrorism initiatives. With this comes 
the responsibility of managing and protecting this personal 
information. The party chosen to undertake this third party 
assessment should have knowledge of all applicable privacy 
laws, including the Privacy Act of 1974 (Public Law 93-579), 
the E-Government Act of 2002 (Public Law 107-347), the privacy 
provisions of the 2004 Omnibus Appropriations Act (Public Law 
108-199), and related Office of Management and Budget 
regulations. This assessment should provide the framework for 
implementation of a comprehensive privacy program across the 
Department.
    Reducing the Number of Alien Absconders.--The Committee 
recognizes the importance of reducing the rate of aliens who do 
not comply with Orders of Removal, known as absconders. 
However, the ability to address this situation is not fully 
within the control of one Federal department. Both the 
Department of Homeland Security [DHS] and DOJ must work closely 
together to achieve this goal. The Committee directs DOJ, in 
conjunction with DHS, to study the existing apprehension, 
detention, appeal, and removal policies and procedures. The 
Committee requests DHS and DOJ to jointly submit a report by 
February 18, 2006, on the efforts each Department will take to 
reduce the absconder rate, including proposed changes to 
existing policies, procedures, and laws to further assist in 
reducing the absconder population.
    Radiation Exposure Compensation.--The Committee is 
cognizant of the recent National Academy of Sciences [NAS] 
report on the coverage of affected populations by the Radiation 
Exposure Compensation Act (Public Law 108-375). The Committee 
directs the DOJ to report to the Committee on what 
administrative actions the Department can and should take in 
responding appropriately to the NAS report, and to submit any 
appropriate legislative recommendations to the Committee and to 
the appropriate authorizing committees by October 1, 2005.
    Executive Aircraft Use.--The Committee directs that, within 
90 days of enactment of this Act, DOJ shall submit a report to 
the Committees on Appropriations that identifies the cost and 
use of executive aircraft for senior official transport. The 
report should also address whether fractional aircraft 
ownership is a more cost-effective method.

                 JUSTICE INFORMATION SHARING TECHNOLOGY

Appropriations, 2005....................................................
Budget estimate, 2006...................................    $181,490,000
House allowance.........................................     135,000,000
Committee recommendation................................     135,000,000

    The Committee recommends an appropriation of $135,000,000. 
The recommendation is $135,000,000 above the fiscal year 2005 
funding level and $46,490,000 below the budget request. This 
account has been newly-created in this appropriations Act.
    The Justice Information Sharing Technology account [JIST] 
provides more control to the Department Chief Information 
Officer [DCIO] to ensure that investments in information 
technology [IT] are well planned and aligned with the 
Department's overall IT strategy and enterprise architecture. 
JIST helps ensure that all Department of Justice [DOJ] 
components build systems that are interoperable with shared 
components and not stovepiped systems that become obsolete once 
operational. While the Committee is supportive of IT 
enhancements and the creation of systems that work across 
agencies and Departments, it also is concerned that the DCIO 
has control of less than 10 percent of DOJ's requested 
$2,700,000,000 in IT expenditures.
    The recommendation includes $10,000,000 for the Law 
Enforcement Information Sharing Project [LEISP]. Prior to the 
expenditure of any of these funds, DOJ shall provide to the 
Committee the logical architecture that identifies the select 
data sources, the data source adapters, as well as a list of 
the duplicative functions that will be eliminated by, and the 
savings realized from, the proposed streamlined process. The 
recommendation includes $13,000,000 for systems engineering, 
design, and a detailed implementation plan for the Database 
Applications for N-DEx and R-DEx projects. The recommendation 
does not include the $14,470,000 requested for deployment. The 
implementation plan shall include delivery milestones and a 
cost schedule. Once completed, the Committee directs the new 
Investment Review Board, discussed below, to review and approve 
the specifications, design, and plan. The recommendation 
includes $14,962,000 for Secure Communications and $15,548,000 
for the Justice Consolidated Office Network [JCON], which will 
allow for the continued deployment of standardized office 
automation infrastructure with centralized management and 
coordination across the Department. The recommendation includes 
$5,000,000 for Case Management Common Solution [CMCS] which 
will set up a program management office to oversee the 
engineering and deployment of the common systems related to 
case litigation.
    Unified Financial Management System.--Funding for a Unified 
Financial Management System should reside in the JIST account 
rather than in the General Administration account. The 
Committee recognizes the need to develop a Department-wide 
financial management system to make financial reporting and 
program performance more timely, and accurate. The 
recommendation includes $10,000,000 to begin deployment of a 
unified system.
    The Committee is disappointed with the quality of the 
budget justification materials provided for many of the 
initiatives in this account and encourages the DCIO to provide 
greater detail in future presentations.
    Information Technology Governance Board.--Given the 
Department's recent high profile information technology 
failures and the large amount of resources devoted to these 
programs, the Committee directs the Department to set up an 
Investment Review Board to be headed by the Deputy Attorney 
General to oversee the development of all critical IT 
infrastructure acquisitions and improvements. The Investment 
Review Board shall: (1) review the completeness of the initial 
business case and cost justification which defines the success 
criteria for the project (success criteria is defined as the 
scope, cost, schedule, and quality); (2) ensure the creation of 
project performance metrics to measure compliance with the 
success criteria at project milestones; (3) oversee and approve 
the creation of system architectures; (4) oversee the 
completeness of the specifications; (5) ensure the creation of 
meaningful operations metrics for performance, security and 
reliability.
    The Attorney General shall, within 90 days of enactment of 
this Act, submit to the Committee on Appropriations for 
approval a plan that includes the organization and membership 
of the Board, the criteria establishing which IT projects will 
trigger the Board's oversight, a listing of IT projects the 
Board will review in this fiscal year, and the operating 
agreement which defines how the Board governs. To ensure that 
the taxpayers receive positive return on their investment, the 
Committee directs that the DOJ Inspector General shall have a 
permanent non-voting seat on the Board.

                       NARROWBAND COMMUNICATIONS

Appropriations, 2005....................................     $98,664,000
Budget estimate, 2006...................................     128,701,000
House allowance.........................................     110,000,000
Committee recommendation................................      90,000,000

    The Committee recommends an appropriation of $90,000,000. 
The recommendation is $8,664,000 below the fiscal year 2005 
funding level and $38,701,000 below the budget request.
    This account centrally funds development, acquisition, 
deployment, and operation and maintenance of the Justice 
Department's narrowband wireless communications network.
    The Committee is encouraged by the recent success of the 
Seattle-Blaine Washington Pilot, and the implementation of a 
plan built upon the lessons learned in that pilot. That plan, 
if implemented successfully, will provide a tactical 
communications capability supporting Federal law enforcement 
and homeland security personnel and their expanded or refined 
mission requirements, not the least of which is communications 
interoperability. An integrated wireless network will serve as 
the day to day tactical communications network for the 
Department, replacing an outdated and antiquated legacy system. 
Public Law 102-538 requires all Justice components operating 
land mobile radio systems in the VHF band to convert to 
narrowband. Given that this program is still in the early 
stages of deployment, the amount of funding provided will be 
sufficient. Should additional funding be necessary to meet this 
deadline, however, the Committee will consider the use of 
existing resources, subject to section 505 of this Act for this 
purpose.

                   ADMINISTRATIVE REVIEW AND APPEALS

Appropriations, 2005....................................    $201,241,000
Budget estimate, 2006...................................     216,286,000
House allowance.........................................     215,685,000
Committee recommendation................................     216,286,000

    The Committee recommends an appropriation of $216,286,000. 
The recommendation is $15,045,000 above the fiscal year 2005 
funding level and identical to the budget request.
    The Executive Office for Immigration Review [EOIR] includes 
the Board of Immigration Appeals [BIA], immigration judges, and 
administrative law judges who decide through administrative 
hearings whether to admit or exclude aliens seeking to enter 
the country, and whether to deport or adjust the status of 
aliens whose status has been challenged. This account also 
funds the Office of the Pardon Attorney which receives, 
investigates, and considers petitions for all forms of 
executive clemency.
    The Department of Homeland Security's [DHS] increased 
immigration enforcement activities, in addition to significant 
increases in DHS agents, investigators, detention bed spaces, 
and advanced surveillance on the border, has resulted in an 
increase in the detention and removal of large numbers of 
criminal and other illegal aliens. The Committee expects this 
trend to continue. The success of more active and new DHS 
assets results in large workload increases to EOIR's 
immigration court and appellate caseloads. The Committee 
therefore supports the large funding increase requested by the 
Department.

                           DETENTION TRUSTEE

Appropriations, 2005....................................    $874,160,000
Supplemental appropriations, 2005.......................     184,000,000
Budget estimate, 2006...................................   1,222,000,000
House allowance.........................................   1,222,000,000
Committee recommendation................................   1,222,000,000

    The Committee recommends an appropriation of 
$1,222,000,000. The recommendation is $347,840,000 above the 
fiscal year 2005 funding level, excluding emergency 
supplemental appropriations and identical to the budget 
request.
    The Detention Trustee oversees Federal detainees.
    The Committee is concerned about the Department of 
Justice's ability to anticipate the true funding needs for this 
account and directs the Detention Trustee to continue efforts 
to improve its current formulas. The Committee will consider 
the use of existing resources should additional funding be 
required, subject to Section 505 of this Act.
    The Committee directs the Detention Trustee to report to 
the Committee on a quarterly basis the number of individuals in 
the detention trustee system, the projected number of 
individuals, and the annualized costs that are associated with 
them.
    Efficiency.--The Committee reiterates its position that any 
construction, planning, supporting, or contracting of new 
detention facilities is not an allowable use of funds provided 
under this account and directs the Detention Trustee to 
withdraw any solicitations for such activities.

                      OFFICE OF INSPECTOR GENERAL

Appropriations, 2005....................................     $62,960,000
Budget estimate, 2006...................................      67,431,000
House allowance.........................................      66,801,000
Committee recommendation................................      70,431,000

    The Committee recommends an appropriation of $70,431,000. 
The recommendation is $7,471,000 above the fiscal year 2005 
funding level and $3,000,000 above the budget request.
    The Office of Inspector General [OIG] has jurisdiction over 
employees in the Department of Justice [DOJ]; Federal Bureau of 
Investigation [FBI]; Drug Enforcement Administration [DEA]; 
Federal Bureau of Prisons; United States Marshals Service 
[USMS]; Bureau of Alcohol, Tobacco, Firearms and Explosives 
[ATF]; United States Attorneys Offices; and other offices, 
boards and divisions. The OIG investigates alleged violations 
of criminal and civil law, fraud, waste, and abuse, as well as 
ethical standards arising from the conduct of Department 
employees in their numerous and diverse activities.
    Virtual Case File and Sentinel Oversight.--The Committee 
continues to be concerned about the FBI's failed efforts to 
upgrade its information technology [IT] infrastructure. In 
particular, the Committee is troubled by the FBI's failure to 
replace its antiquated paper-based case management system with 
an electronic case management system. Reviews by the OIG found 
that the FBI failed to create and deploy the Virtual Case File 
[VCF] after spending more than 3 years and $170,000,000. The 
VCF was intended to be the backbone of the FBI's IT systems, 
with VCF case data shared electronically throughout the FBI to 
enable easy association of case information for analysis. In 
addition to the $170,000,000 spent in the failed effort to 
implement VCF, the FBI's inability to develop a workable 
automated case management system has resulted in the FBI's 
continued lack of the critical tools necessary to maximize its 
criminal investigative and national security missions. In light 
of this failure, there are legitimate questions about the FBI's 
ability to successfully develop IT in a timely and cost 
efficient manner. In particular, the Committee is concerned 
about the FBI's efforts to develop Sentinel, the successor case 
management system to the VCF. In addition, the Committee is 
mindful of the approximately $2,500,000,000 the DOJ spends 
annually on various IT projects, an amount representing 
approximately 11 percent of the total Department budget. 
Therefore, the Committee has provided the OIG with a program 
increase of $3,000,000 for staff and necessary contractors to 
conduct ongoing oversight of the investment in, and development 
of, the Department's IT systems. The Committee directs the OIG 
to provide periodic reports on the progress of the FBI's 
Sentinel project, including assessments of its enterprise 
architecture, project scope, and contracting practices to help 
ensure that key milestones are met, that the project stays 
within its projected budget, and that the system will do what 
is promised when implemented.
    The Committee directs the OIG to compile and present to the 
Committee all research, plans, studies, and evaluations that 
the Department has produced, or is in the process of producing, 
concerning its IT systems, needs, plans, and initiatives. It is 
imperative that the Committee know the depth and scope of the 
problems DOJ has experienced in the formulation of its IT plans 
so that it can make informed decisions about the DOJ's IT 
requests in fiscal year 2006 and beyond.
    The Committee directs the OIG to review and assess how well 
the investigations conducted by the DEA Mobile Enforcement 
Teams, FBI Safe Street Investigations, the USMS Fugitive Task 
Forces, and ATF Violent Crimes Impact Teams were coordinated. 
In light of extremely limited resources, the activities and 
investigations of these agencies must be coordinated in order 
to ensure that these agencies are not wasting resources or 
manpower performing overlapping or similar roles and missions. 
Resources must be leveraged and efficiencies maximized through 
coordination of agencies' efforts.
    The Committee continues to be supportive of the OIG and the 
critical role this office provides in overseeing the DOJ. The 
Committee will entertain requests for additional funding should 
it become necessary during the fiscal year.

                    United States Parole Commission


                         salaries and expenses

Appropriations, 2005....................................     $10,496,000
Budget estimate, 2006...................................      11,300,000
House allowance.........................................      11,200,000
Committee recommendation................................      11,000,000

    The Committee recommends an appropriation of $11,000,000. 
The recommendation is $504,000 above the fiscal year 2005 
funding level and $300,000 below the budget request.
    The Commission is an independent body within the Department 
of Justice which makes decisions regarding requests for parole 
and supervision of Federal prisoners.
    The Committee has provided $176,000 to expand the 
Commission's contribution to the administration of permanent 
supervised release cases in the District of Columbia.

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

                     (INCLUDING TRANSFER OF FUNDS)

Appropriations, 2005....................................    $625,722,000
Budget estimate, 2006...................................     679,661,000
House allowance.........................................     665,821,000
Committee recommendation................................     648,245,000

    The Committee recommends an appropriation of $648,245,000. 
The recommendation is $22,523,000 above the fiscal year 2005 
funding level and $31,416,000 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.........................           8,399
Tax Division............................................          81,548
Criminal Division.......................................         143,692
Civil Division..........................................         192,481
Environment and Natural Resources Division..............          94,387
Office of Legal Counsel.................................           5,900
Civil Rights Division...................................         110,457
INTERPOL USNCB..........................................          11,000
Office of Dispute Resolution............................             381
                                                         ---------------
      Total.............................................         648,245
------------------------------------------------------------------------

    During fiscal year 2005, the Committee denied a 
reprogramming request to transfer 32 attorney positions from 
the Legal Activities Offices to the United States Attorneys 
[USAs]. The budget request assumes the transfer of 100 
additional positions from Legal Activities to the USAs. The 
Committee denies the budget request to transfer these positions 
to the United States Attorney Offices [USAOs], and instead has 
provided additional funds in the Legal Activities account. 
These divisions provide expertise to the entire Federal 
Government and to all 93 of the USAOs. To disperse these 
critical resources permanently to the field may provide a 
short-term gain in resources and expertise to a particular 
field office, but the long-term loss of the institutional 
knowledge and resources across the entire Federal Government is 
inadvisable. If the Department wishes to provide resources to 
the USAOs, it should request them directly through the regular 
appropriations process and not reduce resources from a critical 
function to fund another function. During the last year, the 
Committee has increased the Legal Activities office by as much 
as 132 positions and has provided $3,787,000 in additional 
resources to support these personnel. The Committee directs 
that these new resources be dedicated to counterterrorism, 
intelligence, immigration litigation, spent nuclear fuel cases, 
and tribal trust fund litigation.
    To ensure that these critical positions are filled in a 
timely manner, the Committee directs that within 30 days of 
enactment of this Act, and every 30 days thereafter, the 
Solicitor General shall submit a report to the Committee that 
provides a hiring plan, the number of vacancies by division, 
and the efforts undertaken to fill those vacancies.
    The Committee directs that, within 120 days of enactment of 
this Act, the Criminal Division's Counterterrorism Section 
shall submit to the Committees a detailed report of their 
review of Terrorism Enterprise Investigations, particularly as 
they relate to domestic-based terrorist groups.
    Crimes Against Children.--The Committee recommendation 
provides an additional $1,500,000 for the criminal division to 
target, prosecute, and seize the assets of those who commit 
crimes against the youngest and most vulnerable members of our 
society.
    Should additional resources be needed in this account, the 
Committee would encourage the Department to seek a 
reprogramming under the authorities provided by section 505 of 
this Act.

               THE NATIONAL CHILDHOOD VACCINE INJURY ACT

Appropriations, 2005....................................      $6,249,000
Budget estimate, 2006...................................       6,333,000
House allowance.........................................       6,333,000
Committee recommendation................................       6,333,000

    The Committee recommends a reimbursement of $6,333,000 for 
legal costs. The recommendation is $84,000 above the fiscal 
year 2005 funding level and identical to the budget request.
    This account covers Justice Department expenses associated 
with litigating cases under the National Childhood Vaccine 
Injury Act of 1986 (Public Law 99-660).

                           Antitrust Division


                         SALARIES AND EXPENSES

Appropriations, 2005....................................    $138,259,000
Budget estimate, 2006...................................     144,451,000
House allowance.........................................     144,451,000
Committee recommendation................................     144,451,000

    The Committee recommends an appropriation of $144,451,000. 
The recommendation is $6,192,000 above the fiscal year 2005 
funding level and 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.

                        United States Attorneys


                         salaries and expenses

Appropriations, 2005....................................  $1,526,849,000
Budget estimate, 2006...................................   1,626,146,000
House allowance.........................................   1,626,146,000
Committee recommendation................................   1,572,654,000

    The Committee recommends an appropriation of 
$1,572,654,000. The recommendation is $45,805,000 above the 
fiscal year 2005 funding level and $53,492,000 below the budget 
request. The recommendation includes the proposed 
administration salary increases and denies the transfer of 
$86,000 to the Office of Dispute Resolution.
    This account supports the Executive Office for U.S. 
Attorneys and the 94 U.S. Attorneys offices throughout the 
United States and its territories. The U.S. Attorneys serve as 
the principal litigators for the U.S. Government for criminal 
and civil matters. As in past years, the Committee directs the 
U.S. Attorneys to focus their efforts on those crimes where the 
unique resources, expertise, or jurisdiction of the Federal 
Government can be most effective. The Committee directs that 
the resources provided be directed to the highest priorities of 
the USAs.
    Violent Crime Task Forces.--The Committee recommendation 
includes $1,500,000 to continue and expand task force 
activities associated with Operation Streetsweeper.
    Cybercrime and Intellectual Property Enforcement.--The 
Committee recommendation includes $10,000,000 within available 
resources for the continued pursuit of Federal copyright law 
violations and software counterfeiting crimes, subject to 
section 505 of this Act. EOUSA shall report to the Committee on 
Appropriations not later than April 30, 2006, on the number, 
type, and location of copyright prosecutions undertaken in the 
preceding year.

                   UNITED STATES TRUSTEE SYSTEM FUND

Appropriations, 2005....................................    $173,602,000
Budget estimate, 2006...................................     222,577,000
House allowance.........................................     214,402,000
Committee recommendation................................     214,402,000

    The Committee recommends an appropriation of $214,402,000. 
The recommendation is $40,800,000 above the fiscal year 2005 
funding level and $8,175,000 below the budget request.
    The United States Trustee Program, authorized by 28 U.S.C. 
581 et. seq., is the component of the Justice Department with 
responsibility for protecting the integrity of the bankruptcy 
system by overseeing case administration and litigating to 
enforce the bankruptcy laws. In fiscal year 2006, the U.S. 
Trustee Program will participate in an estimated 1.5 million 
business and consumer bankruptcy case filings. To carry out its 
duties in these cases under the Bankruptcy Code (title 11) and 
title 28 of the United States Code, the U.S. Trustee Program is 
organized into three levels: the Executive Office for United 
States Trustees in Washington, DC; United States Trustees in 21 
regions whose geographic jurisdiction is established by 
statute; and 95 field offices, which cover 150 court sites and 
280 other administrative hearing locations.
    With the enactment of the Bankruptcy Abuse Prevention and 
Consumer Protection Act of 2005, Public Law 109-8, the U.S. 
Trustee Program will implement and enforce 6 key features of 
the Act: Means Testing; Credit Counseling; Debtor Education; 
Small Business Chapter 11 Provisions; Debtor Audits; and Data 
Collection, Evaluation, and Reports.
    The Committee recommendation includes $2,000,000 for 
information technology [IT] infrastructure improvements, such 
as enhancements to IT security, bandwidth, and the Automated 
Case Management System. To ensure these improvements are 
consistent with the Department's overall IT approach and 
architecture, the Committee directs the U.S. Trustee to consult 
with the Office of the Chief Information Officer prior to the 
obligation of any of these funds.
    The Committee understands that representatives of the 
Administrative Office of the U.S. Courts and the Department of 
Justice have been exploring the use of data-enabled forms, or 
``smart forms'', that will reduce the amount of manual review 
necessary to implement the Bankruptcy Abuse Prevention and 
Consumer Protection Act, streamline internal business and case 
management processes, and enhance statistical reporting 
capabilities. The Committee supports these efforts and 
encourages the continued use of IT to leverage resources of all 
participants in the Federal judicial system.

      SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

Appropriations, 2005....................................      $1,203,000
Budget estimate, 2006...................................       1,270,000
House allowance.........................................       1,220,000
Committee recommendation................................       1,270,000

    The Committee recommends an appropriation of $1,270,000. 
The recommendation is $67,000 above the fiscal year 2005 
funding level and identical to the budget request. The 
recommendation fully provides for the adjudication of claims 
against: Germany relating to World War II; Cuba relating to the 
Castro regime; and Iraq relating to the U.S.S. Stark incident 
and Desert Shield/Storm.
    The Foreign Claims Settlement Commission settles claims of 
American citizens arising from nationalization, expropriation, 
or other takings of their properties and interests by foreign 
governments.

                     United States Marshals Service


                         salaries and expenses

Appropriations, 2005....................................    $747,598,000
Supplemental appropriations, 2005.......................      11,935,000
Budget estimate, 2006...................................     790,255,000
House allowance.........................................     800,255,000
Committee recommendation................................     776,199,000

    The Committee recommends an appropriation of $776,199,000. 
The recommendation is $28,601,000 above the fiscal year 2005 
funding level, excluding emergency supplemental appropriations, 
and $14,056,000 below the budget request.
    The core missions of the U.S. Marshals Service [USMS] 
include the apprehension of fugitives, protection of the 
Federal judiciary, protection of witnesses, execution of 
warrants and court orders, and the custody and transportation 
of accused and unsentenced prisoners.
    The Committee is concerned that workloads in local USMS 
offices exceed current staffing levels, raising questions 
regarding the distribution of funds to local offices, current 
restrictions on overtime pay, and staffing levels. The 
Committee directs the USMS to submit a report no later than 
March 31, 2006, detailing how funds are allocated to local USMS 
offices, how full time equivalents and other positions are 
distributed among these offices, and all policies regarding 
restrictions on overtime pay.
    The recommendation does not support the Marshal's proposal 
to collapse its current decision units.
    The Committee notes that in previous years, funding 
allocated for specific activities has not been released in a 
timely fashion preventing operational units from initiating 
action before the end of the fiscal year. The USMS is strongly 
encouraged to expedite the release of these appropriated funds 
to ensure that the funds can be used for their intended 
purposes.
    Protection of the Judicial Process.--The Committee 
recommends an appropriation of $586,481,000 for the protection 
of the judicial process. The recommendation is $22,375,000 
above the fiscal year 2005 funding level and is identical to 
the budget request. Recent events prove the need for increased 
judicial security. The Committee notes that $11,935,000 was 
provided in the ``Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Tsunami Relief Act, 
2005'' (Public Law 109-13) for increased judicial security 
outside of courthouse facilities to better detect, assess, and 
respond to threats and inappropriate communications made to 
judges.
    Hazardous Response Unit [HRU].--Last year, the Committee 
directed the transfer of the HRU to the Special Operations 
Group [SOG]. SOG has the expertise to handle the HRU mission. A 
separate and duplicative HRU unit is unnecessary. The Committee 
instructs the USMS to complete this transfer by assigning all 
HRU positions to SOG both administratively and geographically. 
All former HRU positions, which have been filled by the date of 
enactment of this Act, shall be stationed at the Tactical 
Operations Center at Camp Beauregard, Louisiana. No further HRU 
positions shall be filled and the HRU program shall be 
terminated.
    Courthouse Security Equipment.--This subaccount funds 
security equipment, telephone systems, and cabling. The 
Committee recommendation provides $13,130,000 for courthouse 
security equipment. Each year hereafter, not less than this 
level of funding shall recur for USMS courthouse security 
equipment and Central Courthouse Management Group positions. 
The Committee has included bill language requiring that out-
year budget estimates for courthouse security equipment be 
submitted by the Attorney General for fiscal year 2007 and each 
year thereafter as part of the annual budget submission process 
for all USMS courthouse security equipment needs.
    The recommendation will outfit courthouses in the following 
locations:

                   USMS COURTHOUSE SECURITY EQUIPMENT
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
Detainee Facilities:
    Washington, DC......................................              85
    Savannah, GA........................................             965
    Cape Giradeau, MO...................................              80
    Yuma, AZ............................................             100
    Victoria, TX........................................             309
    Lafayette, IN.......................................             150
    Redding, PA.........................................             480
    Columbus, OH........................................             200
    Cedar Rapids, IA....................................             200
    Manhattan (Old Foley Square), NY....................             168
    Gulf Coast Regional Fugitive Task Force.............             305
                                                         ---------------
      Subtotal, detainee facilities.....................           3,042
Nationwide Security Maintenance.........................           4,800
Nationwide Security Repair..............................             800
Nationwide Security Engineering Services................             700
Occupational Health and Safety..........................           1,982
Information Classified Security Program.................             806
Detention Locks and Hardware Maintenance................           1,000
                                                         ---------------
      TOTAL, USMS Security Equipment....................          13,130
------------------------------------------------------------------------

    The Committee expects to be consulted prior to any 
deviation from the above table.
    Fugitive Apprehensions.--The USMS is authorized to locate 
and apprehend Federal, State, and local fugitives both within 
and outside of the United States. The Committee has long 
supported the exceptional fugitive apprehension efforts of the 
USMS. The Committee notes that while much public attention has 
been focused on the USMS's responsibility to protect the lives 
of judges and their families, it is the also the USMS's 
responsibility to protect members of the public from proven 
life-threatening fugitives. Of the total funds provided for the 
USMS, the Committee recommendation includes the following 
increases:
  --$2,400,000 for the 5 existing Regional Fugitive Task Forces 
        for training, State and local overtime, equipment, 
        communications, vehicles, contractor support and 
        supplies and to support District Fugitive Task Forces;
  --$2,200,000 for the existing 5 Regional Fugitive Task Forces 
        for a total of 15 new positions;
  --$500,000 for the Analytical Support Unit for additional 
        commercial database services;
  --$210,000 for the Analytical Support Unit for 2 additional 
        analysts and support personnel;
  --$3,100,000 for the Technical Operations Group for 
        equipment, maintenance and increased circuit costs; and
  --$900,000 for the Technical Operations Group for 6 new 
        positions.
    Over the past few years, the Committee has established and 
funded regional task forces in New York City, Los Angeles, 
Chicago, Atlanta, and Washington, DC. These task forces are 
dedicated full-time to the pursuit of the most dangerous 
fugitives and operated as regional task forces administered by 
headquarters. The Committee notes the absence of such a task 
force in the Gulf of Mexico region. To address this gap in 
fugitive apprehension coverage, the Committee instructs the 
USMS to establish a new Gulf Coast Regional Fugitive Task Force 
to be headquartered in Birmingham, AL. The Committee 
recommendation includes $8,851,000 for the establishment of 
this new Task Force. These funds are in addition to funds 
provided under Courthouse Security Equipment and USMS 
Construction. Of the funds provided under this section for the 
establishment of this Task Force, $4,998,000 is provided to 
support 37 new positions (22 of which shall be based in 
Alabama) and 19 full-time equivalent positions, and $3,528,000 
is provided for other start-up and operational costs.
    Interagency Crime and Drug Enforcement.--A total of 
$2,072,000 was requested under the Interagency Crime and Drug 
Enforcement account to increase the USMS' participation in the 
Organized Crime and Drug Enforcement Task Forces [OCDETF]. 
However, this funding would be better spent on base salaries 
and expenses for USMS for fugitive apprehension. The 
recommendation therefore provides the requested increase for 
this purpose.
    High Threat Events.--The Committee supports the use of 
existing resources to meet the needs of high threat events, 
subject to section 505 of this Act.

                              CONSTRUCTION

Appropriations, 2005....................................      $5,657,000
Budget estimate, 2006...................................................
House allowance.........................................................
Committee recommendation................................      12,000,000

    The Committee recommends an appropriation of $12,000,000. 
The recommendation is $6,343,000 above the fiscal year 2005 
funding level and $12,000,000 above the budget request.
    The recommendation provides funding for construction in 
space controlled, occupied, or utilized by the USMS in United 
States courthouses and Federal buildings, including but not 
limited to the creation, renovation, and expansion of prisoner 
movement areas, elevators, sallyports, staff offices, and other 
law enforcement and court security support space. As in prior 
years, the Committee's intent is to provide for all 
construction activity to support the mission of the USMS in 
protection of the Federal judiciary and other law enforcement 
activities. The Committee understands that, due to the inherent 
nature of construction, slippages may occur in the construction 
schedule. As in the past, funds may be directed to other 
locations as needed. However, USMS is directed to notify the 
Committee of such slippages and of the plans to redirect such 
funds prior to the expenditure of those funds in accordance 
with section 505 of this Act.
    The Committee has included bill language requiring that 
out-year budget estimates for construction projects be 
submitted by the Attorney General for fiscal year 2007 and each 
year thereafter as part of the annual budget justification 
materials for each USMS courthouse construction, relocation, 
and furniture need.
    Under this account, the Committee recommendation includes 
$2,925,000 for the establishment of the Gulf Coast Regional 
Fugitive Task Force. These funds will support the rent and/or 
construction of office space in five locations, a local area 
network and high speed communications link, and office 
furnishings.
    The Committee is intent on remedying courthouse 
deficiencies overlooked by USMS for years before a tragedy 
occurs. The Committee recommendations, by project, are 
displayed in the following table:

                            USMS CONSTRUCTION
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
Construction:
    Washington, DC......................................              15
    Cape Giradeau, MO...................................              25
    Yuma, AZ............................................             100
    Durham, NC..........................................           1,250
    Victoria, TX........................................               4
    Lafayette, IN.......................................             750
    Redding, PA.........................................           1,100
    Columbus, OH........................................             575
    Manhattan [Old Foley Square), NY....................           1,175
    Wilmington, NC......................................               5
    Tulsa, OK...........................................             675
    Norfolk, VA.........................................             275
    Cincinnati, OH......................................             500
    Harrisburg, PA......................................             685
    Honolulu, HI........................................             400
    Philadelphia (Byrne), PA............................              54
    Gulf Coast Regional Fugitive Task Force.............           2,925
                                                         ---------------
      Subtotal, construction............................          10,513
Architectural and Engineering Services..................             956
Minor repair construction...............................             531
                                                         ---------------
      TOTAL, USMS Construction..........................          12,000
------------------------------------------------------------------------

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

                     FEES AND EXPENSES OF WITNESSES

Appropriations, 2005....................................    $177,585,000
Budget estimate, 2006...................................     168,000,000
House allowance.........................................     168,000,000
Committee recommendation................................     168,000,000

    The Committee recommends an appropriation of $168,000,000. 
The recommendation is $9,585,000 below the fiscal year 2005 
funding level and identical to the budget request.
    This account provides for fees and expenses of witnesses 
who appear on behalf of the Government in cases in which the 
United States is a party, including fact and expert witnesses. 
These funds are also used for mental competency examinations as 
well as witness and informant protection.

           SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

Appropriations, 2005....................................      $9,535,000
Budget estimate, 2006...................................       9,759,000
House allowance.........................................       9,659,000
Committee recommendation................................       9,659,000

    The Committee recommends an appropriation of $9,659,000. 
The recommendation is $124,000 above the fiscal year 2005 
funding level and $100,000 below the budget request.
    The Community Relations Service provides assistance to 
communities and persons in the prevention and resolution of 
disagreements relating to perceived discriminatory practices.

                         ASSETS FORFEITURE FUND

Appropriations, 2005....................................     $21,469,000
Supplemental appropriations, 2005.......................     -40,000,000
Budget estimate, 2006...................................      21,468,000
House allowance.........................................      21,468,000
Committee recommendation................................      21,468,000

    The Committee recommends an appropriation of $21,468,000. 
The recommendation is $1,000,000 below the fiscal year 2005 
funding level and identical to the budget request.
    This account provides funds to supplement existing 
resources to cover additional investigative expenses of the 
Federal Bureau of Investigation, Drug Enforcement 
Administration, and U.S. Marshals Service, such as awards for 
information, purchase of evidence, equipping of conveyances, 
and investigative expenses leading to seizure. Funds for these 
activities are provided from receipts deposited in the assets 
forfeiture fund resulting from the forfeiture of assets. 
Expenses related to the management and disposal of assets are 
also provided from the assets forfeiture fund by a permanent 
indefinite appropriation.

                      INTERAGENCY DRUG ENFORCEMENT

Appropriations, 2005....................................    $553,539,000
Budget estimate, 2006...................................     661,940,000
House allowance.........................................     506,940,000
Committee recommendation................................     440,197,000

    The Committee recommends an appropriation of $440,197,000. 
The recommendation is $113,342,000 below the fiscal year 2005 
fund level and $221,743,000 below the budget request. This 
amount represents the Justice portion of the fiscal year 2005 
enacted level.
    In the aftermath of the September 11, 2001, terrorist 
attacks against the United States, the Federal Government 
reorganized in an effort to more efficiently carry out its 
varied missions. In the area of counterterrorism, in 
particular, the Government made a number of changes and 
combined or consolidated agencies with similar missions to 
reduce redundancy and increase effectiveness. In this era of 
limited resources, these same objectives should be applied to 
the area of drug law enforcement.
    The Organized Crime Drug Enforcement Task Force [OCDETF] 
program was initiated in the early 1980's to enhance inter-
agency cooperation and coordination in drug investigations and 
prosecutions. Now, over 20 years later, the landscape is much 
different than when OCDETF was first created. Interagency 
cooperation is now routine and a funding mechanism to force 
cooperation is unnecessary. Furthermore, several traditional 
OCDETF partners have shifted their focus to counterterrorism 
work, leaving the Drug Enforcement Administration [DEA] as the 
leader of our drug investigations. DEA currently participates 
in over 90 percent of all OCDETF investigations, and is the 
lead or co-lead agency in over 80 percent of the 
investigations.
    It is time to place the responsibility for the entire 
OCDETF program, including the Drug Fusion Center, within DEA. 
Placing the OCDETF program within DEA will ensure greater 
coordination, reduce unnecessary bureaucracy, and streamline 
management of drug enforcement investigations. Further, the 
Committee directs the personnel of the Executive Office for 
OCDETF to report to the Administrator of the DEA, or their 
designee.
    The Committee expects that the efficiencies created by 
merging these two organizations should easily generate the 
savings necessary to cover any shortfall. The recommendation 
does not provide funding for the Department of Homeland 
Security or the Department of Treasury to participate in the 
OCDETF program, as those resources ($87,652,000) were provided 
directly to those agencies in their budget requests. While the 
Committee supports the High Intensity Drug Trafficking Areas 
[HIDTA] program the recommendation does not transfer the HIDTA 
program to the OCDETF account as proposed in the budget.
    The Committee denies all programmatic increases and denies 
all requests to transfer funds from other law enforcement 
operations. The reality of scarce resources requires the 
Committee to allocate those resources to the highest priority 
threats. The leaders of the OCDETF partner agencies should have 
the flexibility to determine how to meet their critical mission 
requirements. Should partner agencies determine that their 
OCDETF related activities are a high enough priority, then the 
Committee would encourage those agencies to reallocate 
resources accordingly.
    The Committee recommendations, by agency, are displayed in 
the following table:

                      INTERAGENCY DRUG ENFORCEMENT
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
Investigations:
    Alcohol, Tobacco, Firearms and Explosives...........          11,228
    Drug Enforcement Administration.....................         179,115
    United States Marshals Service......................           6,670
    Federal Bureau of Investigation.....................         115,859
                                                         ---------------
      Subtotal, investigations..........................         312,872
                                                         ===============
Prosecutions:
    Criminal Division...................................           2,702
    Tax Division........................................             975
    United States Attorneys.............................         118,083
                                                         ---------------
      Subtotal, prosecutions............................         121,760
                                                         ===============
Administrative Support: Executive Office................           5,565
                                                         ===============
      Total, Interagency Drug Enforcement...............         440,197
------------------------------------------------------------------------

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

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

Appropriations, 2005....................................  $5,135,506,000
Supplemental appropriations, 2005.......................      73,991,000
Budget estimate, 2006...................................   5,691,132,000
House allowance.........................................   5,761,237,000
Committee recommendation................................   5,295,513,000

    The Committee recommends an appropriation of 
$5,295,513,000. The recommendation is $160,007,000 above the 
fiscal year 2005 funding level, excluding emergency 
supplemental appropriations and $395,619,000 below the budget 
request.
    The Federal Bureau of Investigation [FBI] has made 
significant strides in its efforts to transform itself from an 
agency whose primary mission was investigating crimes to one 
whose top priority is preventing terrorism. However, more can 
be done. Over the past 5 years, the FBI's budget has grown by 
$2,000,000,000. Despite this astounding 66 percent budget 
increase, the FBI still has not permanently realigned its 
workforce to reflect its new priority missions and resource 
utilization trends.
    In addition, the Bureau continues to struggle with hiring, 
training, equipping, and retaining talent. These deficiencies 
were recently highlighted in reports by the Department of 
Justice Office of Inspector General as well as the National 
Academy of Public Administration. The Committee therefore 
targets funding increases on programs that can strengthen and 
leverage the FBI's existing workforce rather than on increases 
that continue to fund this unmanageable and unsustainable 
growth.
    The recommendation includes an increase of $161,578,000 for 
adjustments to base to support the FBI's current operating 
level as well as the proposed cost-savings initiatives and 
offsets. The Committee does not include the administration's 
proposal to transfer $50,000,000 from this account to the 
Organized Crime and Drug Enforcement Task Forces account or the 
accompanying proposal to reduce the FBI's direct budget for the 
criminal program by $67,000,000. This funding is instead 
redirected towards other priority increases as discussed in 
detail below.
    The Committee supports the FBI's proposal to eliminate 
lower-priority missions, enabling the Bureau to request 
additional enhancements for other programs. While redirecting 
resources would be more effective than eliminating existing 
positions to create new ones (similar to the FBI's practice of 
cutting base programs only to request those cuts again as 
program increases), the Committee adopts the proposal.
    Virtual Case File.--The public failure of the FBI's 
software development efforts leaves unfulfilled the need of FBI 
agents for capabilities comparable to those found in any 
private company. This failure highlighted, once again, that the 
FBI did not have the information technology [IT] strength to 
properly manage, much less develop, software. For Trilogy and 
the Virtual Case File [VCF], the FBI used a succession of 
industry experts to bolster its in-house talent and disaster 
still ensued, in large part because leadership trumped their 
judgments and decisions to the detriment of the program. Now, 
the FBI is planning to seek a reprogramming of $90,000,000 to 
begin another software development program, a successor to VCF, 
dubbed Sentinel. The Committee is understandably hesitant to 
charge so quickly down this path again.
    The FBI has made certain notable improvements. First, the 
FBI brought in a skilled Chief Information Officer [CIO] and 
granted him the authority and independence to effectively 
oversee IT, including Sentinel, throughout the FBI. Second, 
under the CIO's leadership, Sentinel has thus far been designed 
and seems to address many of the problems that led to VCF's 
failure, such as independent verification of requirements and 
cost estimates, phased in development and deployment, and 
commercial off-the-shelf rather than custom software. Cost 
estimates for full deployment, however, are still unknown.
    To ensure success, the FBI must have program management 
``bench strength'' before Sentinel moves forward. An additional 
$7,000,000 is therefore included to enhance the Office of the 
CIO. The Committee also expects the FBI to use the enhanced pay 
authorities provided in fiscal year 2005, as well as the new 
authority provided this year regarding the Senior Executive 
Service, to enhance and stabilize the Office of the CIO. Of the 
$90,000,000 in FBI funds identified to initiate Sentinel, 
$73,502,000 is rescinded, but may be transferred back to the 
FBI out of funds available to the Committee to develop Sentinel 
when cost estimates are known and program management is in 
place.
    Secure Networks.--For the FBI to effectively perform its 
intelligence mission, the FBI must be able to communicate and 
share sensitive and classified information internally as well 
as with other intelligence and law enforcement agencies. The 
Committee is concerned that only one-third of FBI employees 
have access to the Internet through the FBI's sensitive but 
unclassified network [SBUNet]. The recommendation therefore 
includes an additional $7,679,000 for SBUNet and $20,000,000 
for the Top Secret/Sensitive Compartmented Information 
Operational Network.
    Law Enforcement On-line.--The FBI has the ability to share 
critical information and tools through the Law Enforcement 
Online [LEO] program. LEO is a 24/7 on-line, real-time, 
controlled-access electronic communication tool and data 
repository. LEO delivers secure electronic communications 
services and distance learning tools to Federal, State and 
local law enforcement and public safety communities nationwide. 
Within existing resources, the Committee includes an additional 
$8,000,000 to upgrade the LEO network with cost effective 
solutions to accommodate law enforcement user and content 
growth, and to conduct annual security audits, reviews, and 
technology assessments to ensure LEO remains compatible with 
emerging technologies and customers needs.
    Training.--Training is one of the most critical tools for 
FBI's transformation. While the FBI has enhanced its 
counterterrorism and intelligence training programs for agents 
and analysts, problems remain. The FBI does not have the 
capacity to train its newly hired agents, analysts, and support 
personnel and cannot ensure that its analysts are adequately 
trained before being assigned to the field. The Committee 
expects the FBI to better coordinate the timing of hiring with 
the availability of training.
    To enhance the training program and training capacity, the 
recommendation includes the requested increases of $5,197,000 
for intelligence training, $2,500,000 for national security 
training, and $15,000,000 for necessary renovations at the FBI 
Academy. In addition, the Committee recommends an additional 
$15,108,000 under a separate account to construct a new 
regional intelligence and training center.
    Directorate of Intelligence.--The fiscal year 2005 
Appropriations Act (Public Law 108-447) and the Intelligence 
Reform and Terrorism Act of 2004 (Public Law 108-458) created 
the Directorate of Intelligence within the FBI to have clear 
and broad authority over all FBI intelligence-related 
functions. To be successful, the Directorate of Intelligence 
must have strong program development and intelligence training 
of agents and analysts. The Committee recommendation therefore 
includes the requested increase of $11,920,000 to develop 
policies and guidance for intelligence collection, analysis, 
and dissemination, a strong intelligence curriculum, and 
software to support the FBI's collection management and 
dissemination strategy. In addition, the $5,197,000 increase 
recommended for intelligence training and the $15,108,000 
increase recommended for a regional intelligence and training 
center discussed above will strengthen the FBI's intelligence 
training capability by enhancing basic, specialized, and 
advanced intelligence training, as well as regional training 
and training for State and local law enforcement agencies.
    Cyber Investigations.--Cyber investigations have been 
deemed an FBI top priority mission by the FBI and by this 
Committee. As such, the Committee was surprised to learn the 
FBI imposed funding decreases on the Cyber Division, 
particularly to the Special Technologies and Applications 
Section [STAS], disproportionate to its mission priority and 
impact on counterterrorism efforts. STAS' current funding level 
is $35,000,000 below that intended by this Committee. The 
Committee directs the FBI to restore the intended funding 
levels to STAS and submit a report to the Committees on 
Appropriations no later than November 15, 2005, that includes 
base funding, appropriated increases, and actual funding levels 
for STAS for fiscal years 2001 to 2006. In addition, the report 
shall include a detailed account of every funding decrease 
imposed on STAS and the justification for those decreases.
    Field offices have suffered from these cuts as well. 
Funding previously provided for cyber crime task forces has 
been withheld, lessening the impact the FBI can have on these 
investigations. The Committee therefore directs the FBI to 
establish a cyber crime task force in Birmingham, AL. The FBI 
shall report back to the Committee on its progress within 60 
days of the enactment of this Act.
    The recommendation provides an increase of $2,690,000 for 
the Innocent Images National Initiative [IINI] to expand field 
training programs, strengthen interagency partnerships with law 
enforcement partners, and provide increased operational support 
to the field. IINI is an intelligence-driven, proactive, multi-
agency investigative initiative to combat the proliferation of 
child pornography and child sexual exploitation facilitated by 
an online computer. The IINI provides centralized coordination 
and analysis of case information that by its very nature is 
national and international in scope, requiring unprecedented 
coordination throughout the FBI, as well as with State, local, 
and international governments.
    Child Exploitation and Obscenity Investigations.--In 
coordination with the Department of Justice Criminal Division's 
Child Exploitation and Obscenity Section [CEOS] and the 
National Center for Missing and Exploited Children [NCMEC], the 
FBI has implemented the ``Innocent Lost'' initiative, which is 
intended to address the growing problem of domestic child 
prostitution. The FBI provides the investigative aspect of the 
initiative, while DOJ-CEOS commits the prosecutorial resources 
and the NCMEC provides training for the participating field 
offices. The recommendation includes an additional $1,604,000 
to more aggressively identify, investigate, and prosecute 
crimes of this nature.
    Language Services.--Language translation is a critical 
component for the FBI's intelligence, counterterrorism, 
counterintelligence, and other programs. Funding requirements 
for this program, however, have been inconsistent. The 
Committee has provided significant funding increases only to 
have them non-recurred in the subsequent fiscal year. The 
Committee directs the FBI to develop a plan to stabilize 
funding for this program and submit a reprogramming of existing 
resources once its true requirements are known, subject to 
section 505 of this Act.
    Legal Attache Offices.--The Committee is aware of the 
important role of the FBI's Legal Attache [Legat] offices, 
particularly in receiving and pursuing investigative leads in 
support of the war on terrorism. The Committee supports 
redirecting existing resources within the Legat program to 
create new offices or expand existing offices that better meet 
the FBI's priority missions, subject to section 505 of this 
Act.
    Requested increases of $1,905,000 are recommended to 
enhance information technology infrastructure at existing Legat 
offices to ensure the sharing of data between headquarters, 
field offices, other Legats, and other foreign and domestic law 
enforcement entities.
    Criminal Justice Information Services Division.--The 
Committee recommendation includes $395,700,000, including fee 
collections, for the Criminal Justice Information Services 
Division [CJIS]. As in previous years, under no circumstances 
is the FBI to divert funding collected through the CJIS user 
fee for any purpose other than CJIS, its refreshment plan, or a 
subsequent modernization plan for the current facility.
    Automated Biometric Identification System/Integrated 
Automated Fingerprint Identification System.--Last year, the 
Committee directed the Department to submit a report on the 
existing capacity of IAFIS, the expected impact US VISIT may 
have on the system, and any additional costs necessary to 
increase IAFIS's capacity to meet that impact. The Committee 
has yet to receive this report. Since the Department has been 
unable to deliver this report in a timely fashion, the 
Committee now directs the FBI to submit this report within 90 
days of the enactment of this Act. In the meantime, the 
Committee recommends the requested increase of $16,808,000 for 
the Next Generation IAFIS project which will improve the speed 
and accuracy of IAFIS, expand the data available in the system, 
and improve its latent print capabilities.
    Hazardous Devices School.--The Hazardous Devices School 
[HDS] trains bomb technicians from around the world to locate, 
identify, render safe, and dispose of improvised explosive 
devices, as well as learn to use specialized equipment and 
protective clothing needed for the safe disposal of explosive 
materials. To ensure HDS has leading edge technology to match 
this critical mission, the recommendation includes $5,125,000 
within existing resources to develop, produce, and deploy a 
simulated training module that will enhance its training 
program, subject to section 505 of this Act.
    Intellectual Property Rights.--Industrial espionage, by 
both erstwhile friends and obvious foes, has become the growth 
industry in the counterintelligence world. The struggle for 
domination among major powers is now played out in largely 
economic terms. Ideas and innovation are the sinews of national 
strength. Within available resources, $5,000,000 shall be 
available to combat industrial espionage and other threats to 
the intellectual property rights of manufacturers and 
researchers in the United States, subject to section 505 of 
this Act.
    End Strength.--The Committee notes that the fiscal year 
2006 budget request includes a substantial number of ``hollow'' 
work years. Once again, the FBI will be unable to reconcile its 
actual budget with artificial manpower levels. The Committee 
therefore strikes previous bill language that includes these 
artificial levels and directs the Bureau to eliminate all of 
the hollow work years from its books to avoid another year of 
budget shortfalls. The FBI shall report back to the Committee 
on its adjusted end strength not later than November 1, 2006.

                              CONSTRUCTION

Appropriations, 2005....................................     $10,106,000
Budget estimate, 2006...................................      10,105,000
House allowance.........................................      20,105,000
Committee recommendation................................      25,213,000

    The Committee recommends an appropriation of $25,213,000 
for Federal Bureau of Investigation [FBI] construction. The 
recommendation is $15,107,000 above the fiscal year 2005 
funding level and $15,108,000 above the budget request. Of this 
amount, $5,105,000 shall be for general operations and 
maintenance of FBI facilities, $5,000,000 shall be for a 
chemical and biological evidence handling and storage facility 
to be co-located with comparable facilities in existence for 
sampling, handling, and receipt of hazardous material by the 
Department of the Army, and $15,108,000 shall be for the 
planning, design, and construction of a regional intelligence 
and training center at Redstone Arsenal.

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES

Appropriations, 2005....................................  $1,631,182,000
Budget estimate, 2006...................................   1,694,156,000
Supplemental appropriations, 2005.......................       7,648,000
House allowance.........................................   1,706,173,000
Committee recommendation................................   1,649,142,000

    The Committee recommends an appropriation of 
$1,649,142,000. The recommendation is $17,960,000 above the 
fiscal year 2005 funding level, excluding emergency 
supplemental appropriations, and $45,014,000 below the budget 
request. The recommendation includes $201,673,000 for Drug 
Enforcement Administration's [DEA] Drug Diversion Control Fee 
Account. The recommendation is $47,457,000 above the fiscal 
year 2005 funding level and $3,107,000 above the budget 
request.
    Within the amounts provided, the Committee recommends a 
reduction of $19,054,000, as requested by DEA, for a transfer 
of programs from the ``Salaries and Expenses'' account to the 
``Diversion Control Fee Account.'' In addition, the Committee 
has included a reduction of $2,501,000, as requested by DEA, 
relating to anticipated savings from e-Training and e-Travel 
initiatives. The Committee has also included the efficiencies 
identified by DEA totaling $4,520,000 for improving management 
systems. Finally, the Committee has included the reductions 
proposed by DEA in the following areas: elimination of the 
demand reduction program ($9,297,000); elimination of the 
purchase of vehicles for State and local task forces 
($1,264,000); and the reduction of the mobile enforcement team 
program ($29,103,000).
    Air Assets.--DEA's mission is to disrupt and dismantle the 
major drug trafficking organizations responsible for supplying 
the bulk of illegal drugs that enter the United States. The 
Committee strongly supports this mission, but is concerned 
about the serious lack of air assets available to DEA agents 
stationed in key transit countries. To be most effective in 
these locations, DEA must be able to react quickly to 
traffickers' movements to intercept and deny large shipments of 
drugs bound for the United States. Due to other pressing 
demands, the air assets of the Defense Department and other law 
enforcement agencies are not generally available for DEA's use, 
leaving DEA unable to respond to important enforcement 
opportunities. The Committee directs the DEA to provide a 
report by April 1, 2006, on the availability of air assets, 
both its own and those of other agencies, to meet its demands 
for squad-size deployments of DEA agents in key transit zone 
countries.
    Overseas Rightsizing.--The Committee recommendation 
includes an additional $9,705,000, above the fiscal year 2005 
funding level to support the annualized costs associated with 
reallocating positions from domestic to foreign units. DEA's 
reorganization efforts or ``rightsizing'' have reallocated 17 
positions from one foreign location to another and 63 positions 
from DEA domestic offices to various foreign offices where 
mission requirements, workload, and changes in global 
trafficking patterns call for an enhanced response. This 
realignment will enable DEA to establish additional task forces 
in Bogota, Colombia, Mexico City and Cartagena, Mexico, to 
address the growing and immediate threat posed to the United 
States by heroin trafficking and money laundering organizations 
in the region.
    Operation Containment.--The Committee recommendation 
includes an additional 17 positions and $4,221,000, above the 
fiscal year 2005 funding level to establish base funding for 
DEA's presence in Afghanistan. These funds will provide for the 
training and mentoring of Afghan counter-narcotics police 
officers. Afghanistan produces up to 87 percent of the world's 
illicit opium and these additional resources will assist DEA in 
its efforts to prevent Afghanistan from becoming a major 
supplier of illicit drugs to the United States. Resources and 
manpower are also provided for combating Southeast Asian heroin 
trafficking, as well as providing continued support to the 
Sensitive Intelligence Units in Uzbekistan, Kyrgyzstan, and 
Tajikistan.
    Foreign Advisory Support Teams.--The Committee 
recommendation provides an additional $2,000,000 for Foreign 
Advisory Support Teams to train Narcotics Interdiction Units in 
Afghanistan and support Afghanistan's efforts in destroying 
clandestine drug labs and seizing precursor chemicals, opium, 
and opiate stockpiles.
    Central Asia and the Middle East.--The Committee 
recommendation provides an additional 9 positions and 
$2,059,000 for enhanced staffing levels for the Afghanistan 
enhancement initiative in the Kabul Country Office. This 
funding is to allow for closer coordination with the United 
States military in the region, and continuing training efforts 
in support of the Government of Afghanistan's narcotics 
enforcement capabilities. The Committee is aware of a lack of 
reliable transportation in this region and therefore has 
provided $1,041,000 to begin the establishment of an aviation 
capability that will support the mission-critical needs of the 
agents in the field. If additional resources are necessary, the 
Committee would encourage DEA to seek a reprogramming under the 
authorities provided by section 505 of this Act.
    Intelligence Sharing.--DEA's ability to gather, analyze, 
and share intelligence information with other law enforcement 
entities is critical to our efforts to combat the illicit drug 
trade. To support these efforts, the Committee recommendation 
provides $7,003,000 above the fiscal year 2005 funding level. 
The Committee has provided, within this amount, two additional 
positions as well as $2,003,000 to update the Narcotics and 
Dangerous Drugs Information System. Further, the Committee has 
provided $4,000,000 and up to 26 positions for DEA's Speedway 
Program which synthesizes data on drug trafficking 
organizations and makes it available to all agencies that 
participate at DEA's Special Operations Division. This program 
enhancement will increase the intelligence analysis capability 
of the Speedway Program, and will allow substantial new data 
sources to be added, ensuring that the program remains a source 
of cutting-edge investigative information. Finally, the 
Committee has provided 8 positions and $1,000,000 to enhance 
DEA' s ability to conduct investigations of illicit drug sales 
via the Internet.
    Priority Targeting.--The Committee has included $5,000,000 
to fund DEA's priority targeting initiative. The Committee has 
provided these critical resources in an effort to strengthen 
DEA's investigations of drug trafficking and money-laundering 
priority target organizations. DEA must increase its current 
efforts to refocus resources on the highest threat drug 
organizations, cartels, or individuals that represent the 
greatest threat to the United States. Within this amount, the 
Committee recommends $4,000,000 for up to 55 additional special 
agent positions and for expenses relating to wiretapping and 
equipment and other operational expenses.
    Methamphetamine.--The recommendation includes, under the 
Office of Justice Programs, $20,000,000 for DEA to assist State 
and local law enforcement with removal and disposal of 
hazardous materials at clandestine methamphetamine labs and to 
support a container program that includes training, technical 
assistance, and the purchase of equipment to assist in the 
removal and storage of hazardous materials.
    Diversion Control Fee Account.--In fiscal year 2005, at the 
request of the administration, the Congress transferred funding 
responsibility for the Chemical Control Program from DEA's 
Salaries and Expenses appropriation to the Diversion Control 
Fee Account. To allow for an orderly transfer of the funding 
responsibility between the two accounts, only a portion of the 
Chemical Control program ($15,773,000) was transferred to the 
Fee Account in fiscal year 2005. The remainder of the program 
($8,726,000) is transferred in the fiscal year 2006 budget. The 
Committee recommendation therefore, includes $201,673,000, 
which is $3,107,000 above the budget request, for the Diversion 
Control Fee Account. This account provides for regulatory 
guidance and support to over 1 million legitimate handlers of 
controlled substances. The Committee has included funding for 
the Diversion Control Enforcement Initiative, as proposed in 
the budget.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

Appropriations, 2005....................................    $878,465,000
Supplemental appropriations, 2005.......................       4,000,000
Budget estimate, 2006...................................     923,613,000
House allowance.........................................     923,613,000
Committee recommendation................................     923,700,000

    The Committee recommends an appropriation of $923,700,000. 
The recommendation is $45,235,000 above the fiscal year 2005 
funding level and $87,000 above the budget request. The 
recommendation does not include the fee that was assumed in the 
request. Without this fee, the recommendation is $120,087,000 
above the budget request.
    The mission of the Bureau of Alcohol, Tobacco, Firearms and 
Explosives [ATF] is to reduce violent crime, prevent terrorism, 
and protect the public. ATF reduces the criminal use of 
firearms and illegal firearms trafficking, and assists other 
Federal, State, and local law enforcement agencies in reducing 
crime and violence. ATF investigates bombing and arson 
incidents and provides for public safety by reducing the 
criminal misuse of explosives, trafficking in explosives, 
combating acts of arson and arson-for-profit schemes, and 
removing safety hazards caused by improper and unsafe storage 
of explosive materials. ATF enforces the Contraband Cigarette 
Trafficking Act which addresses the diversion of cigarette 
taxes often involving multi-million dollar trafficking plots, 
some of which have been traced to international terrorists. 
Should ATF identify additional funding needs, the Committee 
would entertain reprogramming under the authorities provided by 
section 505 of this Act.
    Proposed Fees to Fund Existing Law Enforcement 
Operations.--The Committee is disappointed by the Department's 
proposal of a $120,000,000 legislative fee on the explosives 
industry and a permit fee on users to fund existing base 
operations and programs of the ATF. The Committee understands 
the legislative proposal for the fee has yet to be transmitted 
to Congress and that if this fee were enacted today, it would 
take 2 years to put the regulatory structure in place before 
any funds could be collected. The Committee finds it is 
irresponsible to budget for ongoing fiscal year 2006 law 
enforcement operations with funds that do not exist. These 
types of creative financing schemes create significant problems 
for the Committee and could ultimately lead to a disruption to 
the Department's law enforcement programs.
    Program Offsets.--The Committee recommendation has assumed 
the $966,000 in savings proposed by the budget request for e-
travel and administrative training.
    Violent Crime Impact Teams.--Violent Crime Impact Teams 
[VCIT] were established to support the President's Project Safe 
Neighborhoods initiative. VCITs target armed violence in 
specific localities with high rates of crime involving 
firearms. The Committee is pleased that preliminary statistics 
show that, during the 6 month period of the VCIT pilot, 
firearms-related homicides in targeted areas dropped an average 
of 17 percent. To build upon these early successes, the 
Committee recommendation provides an additional $25,300,000 to 
expand law enforcement VCITs to 25 cities with the highest 
levels of violent firearms related crime. These resources will 
assist ATF, along with Federal, State and local law enforcement 
agencies and prosecutors to identify the most violent criminals 
such as violent gang members, armed career criminals, armed 
drug traffickers and illegal firearms traffickers and removing 
them from our Nation's streets.
    Transfers Related to the Department of Justice [DOJ], 
Office of Legislative Affairs.--The Committee denies the 
transfer of $500,000 and two personnel to the Department's 
Office of Legislative Affairs. These resources can be better 
utilized by the Bureau. The Committee has instead transferred 
from DOJ Office of Legislative Affairs $500,000 and two 
personnel. These employees will be able to acquire practical 
experience, develop relationships, and develop an appreciation 
for the work of the Department's Bureaus. This will help the 
Department better support the mission of its law enforcement 
agencies in the future.
    Terrorist Explosives Device Analytical Center.--The 
Committee provides $6,000,000 for ATF to establish a base of 
funding for the Terrorist Explosives Device Analytical Center 
[TEDAC]. In fiscal year 2004, the DOJ and the Department of 
Defense established the TEDAC. It was created to coordinate and 
manage a unified national effort to gather and technically and 
forensically exploit terrorist improvised explosive devices 
[IEDs] mainly from Iraq and Afghanistan. TEDAC augments the 
U.S. Government's intelligence capabilities in dealing with 
IEDs. This funding shall be used to hire agents and other 
personnel to work at the TEDAC. The Committee is concerned 
about the staffing imbalances and disparate degrees of resource 
contribution and management between the two agencies 
participating at the TEDAC. If the Department continues to add 
seven agents from the Federal Bureau of Investigations [FBI] 
for every two agents from the ATF, the direction and management 
of the activities and mission of TEDAC will naturally fall to 
the FBI by sheer volume of manpower and control. The Committee 
hopes that future funding requests for personnel and management 
of this joint effort will be more balanced between these two 
law enforcement agencies. The Committee continues to be 
concerned about the serious lack of information that the TEDAC 
has provided to the Federal agents in the field as well as 
State and local law enforcement. The DOJ shall submit a report 
to the Committee no later than 30 days after enactment of this 
Act, that identifies: (1) the number of IEDs recovered and 
submitted to the TEDAC; (2) the dates the devices were 
recovered and sent to the TEDAC; (3) the dates the devices were 
technically and forensically exploited; (4) the number of 
completed examinations; (5) the dates the results of 
examination were disseminated to State and local first 
responders and; (6) a detailed summary of the information 
provided in those reports.
    Undercover Operations.--The Committee is concerned about a 
lack of attention to funding and support for undercover 
operations, especially as they relate to overtime pay, monies 
used to conduct straw purchases and overall support for the 
agents who perform this dangerous mission. The Committee 
directs the ATF to submit a report no later than March 31, 
2006, detailing how funds are allocated to local ATF offices, 
how full time equivalents and other positions are distributed 
among these offices, all policies regarding restrictions on 
overtime pay, and all policies related to support of undercover 
operations.
    Headquarters Shortfall.--The Committee is aware of a 
possible $11,200,000 shortfall relating to the ATF headquarters 
project. Limited resources prevent the Committee from 
addressing this problem at this time. However, the Committee 
encourages the Department to submit a budget amendment to 
address this issue.
    National Center for Explosives Training and Research.--The 
Committee has provided an additional $5,000,000 for site 
selection, architectural design, site preparation and a total 
cost estimate for the construction of a permanent site for the 
National Center for Explosives Training and Research. In 
considering site selection, the ATF shall consider a site co-
located with other law enforcement and Federal Government 
entities that provide similar training and research. The 
dynamic of these collective resources will provide a unique 
opportunity to leverage assets, knowledge, and expertise in the 
field, providing Federal, State and local law enforcement 
explosives expertise at a single location.
    Conversion of Records.--The Committee recognizes the need 
for ATF to complete the conversion of tens of thousands of 
existing Federal firearms dealer out-of-business records from 
film to digital images at the ATF National Tracing Center 
[NTC]. Once the out-of-business records are fully converted, 
search time for these records will be reduced significantly. 
The Committee recommendation includes $4,200,000 for the ATF to 
hire additional contract personnel to continue the conversion 
and integration of records.

                         Federal Prison System

    The Committee recommends a total of $5,115,126,000 for the 
Federal Prison System, or Bureau of Prisons [BOP]. The 
recommendation is $359,401,000 above the fiscal year 2005 
funding level, excluding emergency supplemental appropriations, 
and $360,000,000 above the budget request.

                         SALARIES AND EXPENSES

Appropriations, 2005....................................  $4,565,884,000
Supplemental appropriations, 2005.......................       5,500,000
Budget estimate, 2006...................................   4,895,649,000
House allowance.........................................   4,895,649,000
Committee recommendation................................   4,889,649,000

    The Committee recommends an appropriation of 
$4,889,649,000. The recommendation is $323,765,000 above the 
fiscal year 2005 funding level and $6,000,000 below the budget 
request. The recommendation includes the proposed cost-savings 
initiatives. The recommendation shall be expended in the 
following manner:

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

------------------------------------------------------------------------
Inmate Care and Programs..............................         1,789,523
Institution Security and Administration...............         2,276,037
Contract Confinement..................................           641,867
Management and Administration.........................           182,222
                                                       -----------------
      Total, Salaries and Expenses....................         4,889,649
------------------------------------------------------------------------

    Inmate Population.--The Committee recommends an additional 
$37,194,000 to cover the costs of the increasing prison 
population. BOP projects that a total of 4,269 inmates will be 
absorbed in the BOP's existing facilities this fiscal year.
    Activations and Expansions.--The Committee recommendation 
includes funding for the activation of three new facilities and 
two expanded facilities, which will increase BOP's capacity by 
3,114 beds. The Committee defines ``activation'' as open and 
receiving prisoners.

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

------------------------------------------------------------------------
Activation of New Prison Facilities:
    USP Tucson, AZ (1,088 beds).........................          37,647
    FCI Butner, NC (1,152 beds).........................          29,190
    Hazelton, WV Secure Women's Facility (512 beds).....          10,297
Activation of Expanded Prison Facilities:
    USP Florence, CO Special Housing Unit (50 beds, no             1,242
     new capacity)......................................
    Sandstone, MN Housing unit expansion (362 beds).....           6,641
                                                         ---------------
      Total, Activations (3,114 beds)...................          85,017
------------------------------------------------------------------------

    The Committee expects BOP to adhere to the activation 
schedule included in BOP's budget submission. BOP shall notify 
the Committees on Appropriations of any deviations to this 
schedule.
    The Committee commends the BOP on its work to address and 
prevent sexual misconduct. With funds provided in earlier 
appropriations Acts, the National Institute of Corrections has 
made useful progress in providing training and technical 
support to correctional systems throughout the country to 
eliminate staff sexual misconduct with inmates, training in 
investigating cases, and training the ``trainers'' in order 
that employees at every level will be more aware of, and better 
prepared to deal with, these cases. The Committee directs the 
BOP to continue these efforts and to report to the Committee by 
March 31, 2006 on progress made in this area.
    Contract Confinement.--The Committee recommendation 
includes $641,867,000 for the contractual costs associated with 
housing inmates. This amount includes the requested increase of 
$19,838,000 to meet low security and female bed space demands 
through the use of private sector contract confinement. BOP is 
directed to meet bedspace needs using State, local, and 
existing or new private prison capacity that meet BOP's 
standards.
    National Center for Missing and Exploited Children 
Coordination.--The Committee directs the BOP to examine the 
public information that it maintains regarding inmates that 
currently reside within the Federal correctional system and 
make it available, when appropriate, to the National Center for 
Missing and Exploited Children [NCMEC]. The Committee directs 
the BOP, with the National Institute of Corrections, to educate 
State prison institutions of its efforts to assist NCMEC 
through its membership in the Association of State Correctional 
Administrators and provide an opportunity for NCMEC to meet 
with the Association for potential outreach to the State 
prisons for inmate sharing purposes.
    Residential Re-entry Program.--The Committee supports BOP's 
efforts to establish a Residential Re-entry Program at six 
institutions that will build partnerships with faith based and 
community organizations. The Committee expects BOP to work with 
these organizations to develop such programs and will support 
the use of available existing resources for such efforts, 
subject to section 505 of this Act.

                        BUILDINGS AND FACILITIES

Appropriations, 2005....................................    $186,475,000
Supplemental appropriations, 2005.......................      18,600,000
Budget estimate, 2006...................................     170,112,000
House allowance.........................................      70,112,000
Committee recommendation................................     222,112,000

    The Committee recommends a total of $222,112,000 for the 
construction, modernization, maintenance, and repair of prison 
and detention facilities housing Federal prisoners. The 
recommendation is $35,637,000 above the fiscal year 2005 
funding level, excluding emergency supplemental appropriations, 
and $52,000,000 above the budget request.
    The Committee continues to strongly support the Bureau of 
Prison's [BOP] construction program, which is designed to 
provide sufficient inmate beds to manage overcrowding in 
facilities and maintain them in a safe and secure manner for 
staff, inmates, and surrounding communities. The Committee 
remains concerned that while the prison population grows, the 
Department of Justice continues to submit budget requests with 
proposed rescissions of prison construction funds. The 
Committee recommendation therefore does not include the 
proposed offset of $314,000,000 for funding already 
appropriated for medium security facilities, the Federal 
Correctional Institution [FCI] Mid-Atlantic and the FCI Berlin, 
NH. The recommendation also restores $52,000,000 for the FCI 
Mendota, CA, provides an additional $15,000,000 for site 
planning and further development of a medium or high security 
facility or facilities at FCI Yazoo City, MS, and an additional 
$15,000,000 for site planning and further development of 
another medium or high security facility or facilities in the 
Aliceville, AL area.
    The Committee reiterates the direction in the conference 
reports accompanying the fiscal years 2004 and 2005 
appropriations Acts to discontinue the practice of submitting 
budget requests with proposed rescissions of prison 
construction funds. The BOP shall move forward with all current 
projects as planned. The BOP shall comply with this direction 
in all future budget submissions.
    The Committee directs BOP to submit a report on its 
capacity needs, based on the projected prison population for 
each year from fiscal year 2006 to fiscal year 2016. BOP shall 
also provide a report on the costs, efficiencies, and economies 
of scale that would result from the construction of additional 
facilities on the site of existing facilities. In addition, BOP 
shall provide a report comparing the costs of housing geriatric 
prisoners with serious medical conditions in existing 
facilities to housing them in specialized facilities designed 
for geriatric prisoners with serious medical conditions. These 
three reports shall be submitted to the Committee no later than 
February 1, 2006.
    Bill language is included clarifying that the BOP may not 
transfer Building and Facilities appropriations to cover 
Salaries and Expenses costs.

                Federal Prison Industries, Incorporated


                (LIMITATION ON ADMINISTRATIVE EXPENSES)

Appropriations, 2005....................................      $3,366,000
Budget estimate, 2006...................................       3,365,000
House allowance.........................................       3,365,000
Committee recommendation................................       3,365,000

    This Committee recommends a limitation on administrative 
expenses of $3,365,000 for the Federal Prison Industries, Inc. 
The recommendation is $1,000 below the fiscal year 2005 funding 
level and identical to the budget request.

                    OFFICE ON VIOLENCE AGAINST WOMEN

Appropriations, 2005....................................    $382,103,000
Budget estimate, 2006...................................     362,997,000
House allowance.........................................     387,497,000
Committee recommendation................................     362,997,000

    The Committee recommends an appropriation of $362,997,000. 
The recommendation is $19,106,000 below the fiscal year 2005 
funding level and identical to the budget request.
    The Committee has transferred programs in this account that 
are administered by the Office of Justice Programs [OJP] to the 
OJP account so there is a clear delineation of control and 
responsibility by each office. The Committee recommendation 
provides $2,670,000 above the fiscal year 2005 level for the 
programs administered by this office. The Committee directs 
that OJP coordinate with the Director of the Office on Violence 
Against Women in the administration of the transferred 
programs.
    The Office on Violence Against Women provides Federal 
leadership in developing the Nation's capacity to reduce 
violence against women, administer justice for and strengthen 
services to all victims of domestic violence, sexual assault, 
and stalking.
    The table below displays the Committee recommendations for 
the programs under this office.

               VIOLENCE AGAINST WOMEN ACT [VAWA] PROGRAMS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                       Fiscal year 2006
                                                      recommendation \1\
------------------------------------------------------------------------
STOP................................................           187,308
    NIJ.............................................            [5,200]
    JJ Safe Start...................................           [10,000]
    Transitional Housing............................           [15,000]
Grants to Encourage Arrest Policies.................            62,660
Rural Domestic Violence Grants......................            39,166
Violent Crimes on Campus............................             9,054
Legal Assist. For Victims...........................            39,220
Disabled Women......................................             4,540
Safe Havens for Kids Pilot..........................            13,894
Educ. Violence Against Women with Disabilities......             7,155
                                                     -------------------
      TOTAL.........................................           362,997
------------------------------------------------------------------------
\1\ Recommendation combines all VAWA programs administered by Director
  of the Office of Violence Against Women in one account and transfers
  programs administered by the Office of Justice Programs to that
  account.

    Within the funds appropriated, $187,308,000 is for general 
formula grants to the States. The fiscal year 2006 
recommendation will allow jurisdictions to implement mandatory 
pro-arrest and prosecution policies to prevent, identify, and 
respond to violent crimes against women, support coordination 
of State victim services, assist Native victims in Indian 
Country, and provide secure settings and specialized procedures 
for visitation and exchange of children in families 
experiencing domestic violence. The recommendation supports 
increasing access to comprehensive legal services for victims, 
providing short term housing assistance and support services 
for domestic violence victims and education and training to end 
violence against and abuse of women with disabilities.
     In addition, programs should be strengthened to encourage 
reporting of domestic violence by providing assurances that law 
enforcement and attorney support systems will be available. 
This funding is to be distributed to States to significantly 
enhance the availability of services, prosecutors, and law-
enforcement officials to women and children who are subjected 
to domestic violence.

                       Office of Justice Programs

Appropriations, 2005....................................  $2,993,104,000
Budget estimate, 2006...................................   1,569,255,000
House allowance.........................................   2,205,479,000
Committee recommendation................................   2,287,665,000

    The Committee recommends an appropriation of $2,287,665,000 
for the Office of Justice Programs [OJP]. The recommendation is 
$323,336,000 below the fiscal year 2005 funding level and 
$1,081,407,000 above the budget request. As in fiscal year 
2005, the Office on Violence Against Women is funded under a 
separate heading under this title.
    The Committee continues to be concerned with the merger of 
the Byrne Grant program and Local Law Enforcement Block Grant 
program at a significantly reduced funding level. The budget 
request again proposes the merger of all programs administered 
by OJP under the Justice Assistance Grants heading. The 
Committee recommendation does not adopt this consolidation and 
retains the account structure used in previous fiscal years.

                           JUSTICE ASSISTANCE

Appropriations, 2005....................................    $224,856,000
Budget estimate, 2006...................................   1,203,477,000
House allowance.........................................     227,466,000
Committee recommendation................................     221,000,000

    The Committee recommends an appropriation of $221,000,000. 
The recommendation is $3,856,000 below the fiscal year 2005 
funding level and $982,477,000 below the budget request.
    The Committee recommendations are displayed in the 
following table:

                           JUSTICE ASSISTANCE
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                        Fiscal year 2006
                                                         recommendation
------------------------------------------------------------------------
National Institute of Justice........................            54,000
    Office of Science and Technology.................           (20,000)
    The National Law Enforcement and Corrections                (20,000)
     Technology Centers..............................
    Social Science...................................           (10,000)
    Counterterrorism Research and Development........            (4,000)
Bureau of Justice Statistics.........................            34,110
Missing and Exploited Children Program...............            48,000
Regional Information Sharing System..................            40,000
VAWA transfers.......................................            23,039
    Court Appointed Special Advocate Program.........           (11,846)
    Child Abuse Training for Judicial Personnel......            (2,287)
    Televised Testimony..............................              (986)
    Improved Stalking and Domestic Violence Databases            (2,962)
    Training Programs to Assist Probation and Parole             (4,958)
     Officers........................................
Victim Notification..................................             9,000
Management and Administration........................            12,851
                                                      ------------------
      Total Justice Assistance.......................           221,000
------------------------------------------------------------------------

    Violence Against Women Transfer.--The Committee 
recommendation provides $23,039,000 for programs that 
previously were appropriated to the Office on Violence Against 
Women, but were administered by OJP. The recommendation 
therefore transfers the appropriations to the agency that 
administers the program. The Committee directs OJP to continue 
to coordinate with the Director of the Office on Violence 
Against Women to administer the transferred programs.
    National Institute of Justice [NIJ].--The Committee 
recommendation provides $54,000,000 for the NIJ. NIJ's mission 
is to advance scientific research, development, and evaluation 
to advance the administration of justice and public safety. The 
Committee directs that prior to the obligation of any funds, 
NIJ submit a spend plan on how resources will be allocated.
    The fiscal year 1997 Appropriations Act (Public Law 104-
208) directed the NIJ to conduct a comprehensive comparison of 
the privately-operated Taft Correctional Institution in Taft, 
CA, and BOP-operated facilities. A report on NIJ's findings was 
expected to be completed in 2002. It is now 3 years later and 
the report has yet to be finalized. The Committee finds this 
delay unacceptable and directs NIJ to provide a copy of the 
final report to the Committee within 90 days of the enactment 
of this Act.
    Office of Science and Technology [OS&T;].--The Committee 
continues to support the efforts of the leadership of the NIJ's 
OS&T; and the continuing partnership that OS&T; has developed 
with the National Institute of Standards and Technology [NIST]. 
To implement the mission of OS&T;, the Committee recommends 
$20,000,000 for OS&T.;
    National Law Enforcement and Corrections Technology 
Centers.--The National Law Enforcement and Corrections 
Technology Centers [NLECTC] have served a vital role for State 
and local law enforcement and corrections communities by 
responding to the needs of the justice community through 
transferring, introducing, and implementing technologies; 
assisting in the development and dissemination of guidelines 
and technological standards; and providing technology 
assistance, information, and support for law enforcement, 
corrections, and criminal justice purposes. The Committee 
continues to strongly support the NLECTC system run by the NIJ 
and therefore recommends $20,000,000 to continue its efforts. 
Of the amount provided, the Committee directs that funds be 
distributed equally to the Centers.
    Counterterrorism Research and Development.--The Committee 
recommendation provides $4,000,000 for Counterterrorism 
Research and Development. These funds will, among other things, 
assess criminal enterprises to determine whether they are 
linked to terrorist organizations, evaluate technology and 
tools that will assist State and local law enforcement with 
incident management, and research how the Internet is misused 
to support terrorism.
    Information Sharing Systems Available to Federal, State, 
and Local Law Enforcement.--The proliferation of information 
sharing services available to Federal, State, and local law 
enforcement is expanding rapidly. To ensure that these efforts 
are coordinated, cost efficient, and not duplicative of each 
other, the Committee directs that within 90 days of enactment 
of this Act the NLECTC shall provide a report to the Committee 
that reviews the numerous information technology sharing 
services available to law enforcement and provide 
recommendations on methods to ensure coordination and 
functionality to provide comprehensive services to law 
enforcement.
    Missing Children Program.--The issue of child exploitation 
has been raised to the forefront of the national conscience due 
to the strings of child pornography and missing children cases 
that have been highlighted in the media over the last few 
months. The Committee continues to strongly support the Missing 
and Exploited Children Program run by the BJA. The Committee 
recommends $48,000,000 to continue to expand efforts to protect 
the Nation's children, especially in the areas of locating 
missing children, and to address the growing wave of child 
sexual exploitation facilitated by the Internet.
    The Committee commends the Department of Justice [DOJ] for 
the creation of a nationwide database that informs parents of 
where child predators reside. However, the Committee remains 
concerned about the failure of convicted child molesters to 
register with State and local law enforcement agencies when 
they move into a jurisdiction, as required by the laws of many 
States. According to the National Center for Missing and 
Exploited Children [NCMEC], more than 100,000 convicted sex 
offenders have failed to register. The wide disparity among the 
State programs in both registration and notification procedures 
permits sex offenders to forum shop to get around reporting. 
The Attorney General is directed to report to the Committee, 
within 90 days of enactment of this Act on suggested 
legislative changes necessary to address the gaps and loopholes 
that may exist in the current State registration and reporting 
systems.
    The funding recommendations for the Missing and Exploited 
Children Program are displayed in the following table:

                        MISSING CHILDREN PROGRAM
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
NCMEC...................................................          24,000
Jimmy Ryce..............................................           3,000
Internet Crimes.........................................          15,500
Missing Children Office.................................           1,500
Amber...................................................           4,000
                                                         ---------------
      Total.............................................          48,000
------------------------------------------------------------------------

    Regional Information Sharing System.--The Committee 
recommends an appropriation of $40,000,000 for the Regional 
Information Sharing System [RISS]. The Committee supports RISS 
and its role in implementing the National Criminal Intelligence 
Sharing Plan. The RISS program maintains six regionally based 
information networks that provide for the automated exchange of 
crime and terrorism information between Federal, State, and 
local agencies. The Committee is concerned that funding is 
being provided to multiple systems that may be providing 
similar services to State and local agencies. The Committee 
encourages these systems to work together and build a 
comprehensive joint approach to assisting law enforcement.
    Victim Notification System.--The Committee understands that 
the Crime Victims Fund provides $5,000,000 for the Executive 
Office of the United States Attorneys to operate a Victim 
Notification System for crimes being prosecuted by the Federal 
Government. This program provides victims of domestic violence 
and other violent crimes access to information about the 
custody status of offenders. The Committee recommends an 
additional $9,000,000 within this account for the Bureau of 
Justice Assistance [BJA] to continue automated victim 
notification programs. No funding may be utilized from within 
the Victims Assistance Program for this initiative and funds 
provided under this heading shall require a 50 percent match 
from State, local, and private sources.
    Management and Administration.--The Committee recommends an 
appropriation of $12,581,000 for the administration and 
management of OJP programs. This amount is equal to the budget 
request. The Committee directs that any action taken by OJP 
relating to Circular A-76 shall be subject to the requirements 
of section 505 of this Act.

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

Appropriations, 2005....................................  $1,278,204,000
Budget estimate, 2006...................................................
House allowance.........................................   1,001,296,000
Committee recommendation................................   1,078,350,000

    The Committee recommends an appropriation of 
$1,078,350,000. The recommendation is $199,854,000 below the 
fiscal year 2005 funding level and $1,078,350,000 above the 
budget request.
    The Committee recommendations are displayed in the 
following table:

                     STATE AND LOCAL LAW ENFORCEMENT
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                        Fiscal year 2006
                                                         recommendation
------------------------------------------------------------------------
Justice Assistance Grants............................           625,000
    Boys and Girls Clubs.............................           [85,000]
    National Institute of Justice....................           [10,000]
Indian Assistance Programs...........................            15,000
    Tribal Prison Construction.......................            [2,000]
    Tribal Courts....................................            [8,000]
    Alcohol and Substance Abuse......................            [5,000]
State Criminal Alien Assistance Program..............           200,000
    SW Border Prosecutors............................           [30,000]
Byrne Discretionary..................................           177,000
Drug Courts..........................................            25,000
Marketing Scams Against Senior Citizens..............             1,000
Missing Alzheimers...................................               850
Assistance for Victims of Trafficking................             2,000
Prison Rape Prevention...............................             1,500
State Prison Drug Treatment..........................            15,000
National Criminal Intelligence Sharing Plan..........             6,000
Capital Litigation...................................             1,000
Justice For All......................................             4,000
State and Local Antiterrorism Training [SLATT].......             5,000
                                                      ------------------
      Total..........................................         1,078,350
------------------------------------------------------------------------

    Indian Country Grants.--The recommendation provides 
$15,000,000 for Indian Country grants. As in past years, the 
Committee acknowledges the success that the Comprehensive 
Indian Resources for Community Law Enforcement [CIRCLE] 
initiative is having and urges the Department to continue to 
work on ways to expand CIRCLE.
    Southwest Border Prosecutors.--The Committee recommends 
$30,000,000 to provide for funding assistance to State and 
local law enforcement agencies along the Southwest border, to 
offset the costs of processing, detaining, and prosecuting drug 
and other cases referred from Federal arrests of Federal 
investigations.
    Drug Courts.--The Committee recommends an appropriation of 
$25,000,000. The Committee notes that localities can also 
access funding for drug courts from the Local Law Enforcement 
Block Grants.
    National Criminal Intelligence Sharing Plan.--The Committee 
recommends $6,000,000 to continue development of an 
intelligence sharing initiative.
    Justice For All Act.--The Committee recommends $4,000,000 
to begin to implement the provisions of the Justice For All Act 
(Public Law 108-405). The Committee directs that any grants 
provided by this program relating to Victims Assistance shall 
be provided pursuant to 103 (b)(3) and (4) of the Justice for 
All Act. The Committee directs that any grants provided by this 
program relating to Post-Conviction DNA Testing shall be 
provided pursuant to sections 412 and 413 of Public Law 108-
405, The Justice for All Act. The Committee is disappointed 
that the budget request provided no funding to support 
enforcement of crime victims' rights.
    Marketing Scams Against the Elderly.--The Committee 
recommends $1,000,000 to continue efforts to thwart fraudulent 
telemarketers who prey on senior citizens.
    Capital Litigation.--The Committee recommends $1,000,000 
for Capital Litigation Improvement Grants, as authorized in the 
Justice For All Act. The Committee directs that any grants 
provided for Capital Litigation Improvements, shall be provided 
pursuant to section 426 of the Justice For All Act, Public Law 
108-405.

                         WEED AND SEED PROGRAM

Appropriations, 2005....................................     $61,172,000
Budget estimate, 2006...................................................
House allowance.........................................      50,000,000
Committee recommendation................................      50,280,000

    The Committee recommends an appropriation of $50,280,000. 
The recommendation is $10,892,000 below the fiscal year 2005 
funding level and $50,280,000 above the budget request.

                  COMMUNITY ORIENTED POLICING SERVICES

Appropriations, 2005....................................    $598,346,000
Budget estimate, 2006...................................       2,781,000
House allowance.........................................     520,057,000
Committee recommendation................................     515,087,000

    The Committee recommends an appropriation of $515,087,000. 
The recommendation is $83,259,000 below the fiscal year 2005 
funding level and $512,306,000 above the budget request.
    Local law enforcement plays a critical role in preventing 
and responding to terrorist threats. Since its creation, the 
Community Oriented Policing Services [COPS] office has assisted 
State and local law enforcement agencies by providing grants, 
training, and technical assistance that not only ensure public 
safety from traditional crime but also better enables law 
enforcement officers to address the growing threat from 
terrorist organizations.
    The Committee recommendations are displayed in the 
following table:

                  COMMUNITY ORIENTED POLICING SERVICES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                           Fiscal year
                                                               2006
                                                          recommendation
------------------------------------------------------------------------
Hiring.................................................           2,000
Training and Technical Assistance......................          14,000
Bullet Proof Vests.....................................          27,000
Tribal Law Enforcement.................................          20,000
Meth Hot Spots.........................................          60,100
    DEA Transfer.......................................         [20,000]
Police Corps...........................................          10,000
Law Enforcement Technologies...........................         137,000
Interoperable Communications...........................          37,500
Criminal Records Upgrade...............................          20,000
DNA Initiative.........................................          89,500
Coverdell Forensics Science Improvement................          22,000
Crime Identification Technology........................          30,000
    Safe Schools Technologies..........................          [5,000]
Offender Reentry.......................................           3,000
Safe Schools Initiative................................           5,000
Police Integrity Grants................................           7,500
Management and Administration..........................          30,487
                                                        ----------------
      TOTAL............................................         515,087
------------------------------------------------------------------------

    Any deviations from the above plan are subject to the 
reprogramming requirements of section 505.

             PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS

    Hiring Program.--The recommendation includes $2,000,000 for 
the hiring of school resource officers.
    Bullet-proof Vests Grant Program.--Of the $27,000,000 
recommended, such sums as may be necessary are for the National 
Institute of Standards and Technology's [NIST] Office of Law 
Enforcement Standards [OLES] to continue supporting the 
ballistic resistant and stab resistant material compliance 
testing programs, as well as for other technical support 
related to public safety weapons and protective systems.
    Indian Country.--The Committee recommends that 5.1 percent 
of the COPS funds be provided directly to tribal judicial 
systems to assist Tribal Courts with the caseload associated 
with increased arrests as a result of more stringent tribal law 
enforcement.
    Methamphetamine Enforcement and Clean-Up.--The Committee 
recommends $60,100,000 for State and local law enforcement 
programs to combat methamphetamine production and distribution, 
to target drug ``hot spots'', and to remove and dispose of 
hazardous materials at clandestine methamphetamine labs. The 
Committee recommendation includes $20,000,000 to reimburse the 
Drug Enforcement Administration for assistance to State and 
local law enforcement for proper removal and disposal of 
hazardous materials at clandestine methamphetamine labs.

                  CRIME-FIGHTING TECHNOLOGIES PROGRAMS

    COPS Interoperable Communications Technology Program.--The 
Committee recommends $37,500,000 to continue the COPS 
Interoperable Communications Technology Program, being designed 
and implemented by the COPS office, in consultation with the 
National Institute of Justice's Office of Science and 
Technology [OS&T;], as well as the Bureau of Justice Assistance. 
The Committee commends the COPS office for its coordination 
with other Federal agencies in taking on the challenging issue 
of public safety interoperability. Coordination of Federal 
efforts is critical to this effort.
    The Committee strongly supports the need for minimum 
standards for law enforcement communications technology. 
Therefore, OS&T; should continue to assist COPS in incorporating 
existing minimum standards into the formulation of this grant 
program. As in past years, the Committee provides, within 
available amounts, $5,000,000 to be transferred to NIST to 
continue the efforts of OLES regarding the development of a 
comprehensive suite of minimum standards for law enforcement 
communications.
    The Committee commends the Institute for Telecommunication 
Sciences [ITS] in Boulder, Colorado, for all their efforts and 
contributions to the public safety communications statement of 
requirements. Their contributions were critical in addressing 
the many issues plaguing public safety organizations for 
decades.
    Interoperable Standards.--The inability to apply open 
standards to communications equipment purchased under the COPS 
Interoperable Communications Grant Program, as well as other 
Federal grant programs continues to be of great concern to the 
Committee. In fiscal year 2005, the Committee directed OLES, 
working with the National Institute of Justice's CommTech 
Program and SAFECOM within the Department of Homeland Security, 
to consider, in the absence of published P25 standards, the 
issuance of interim standards that could be used to specify the 
required functionality and testing validation for an Inter-RF-
Subsystem Interface [ISSI], Console Interface, and Fixed 
Station Interface for land mobile radio systems. The Committee 
directs that within 30 days of the enactment of this Act, OLES 
shall submit a report to the Committee detailing the process by 
which interim standards will be identified, as well as a 
timeline for issuance this fiscal year. The Committee also 
directs that, within this report, OLES identify a process to 
ensure that equipment procured using Federal grant dollars 
complies with the requirements of the identified standard(s). 
At a minimum, the Office of Interoperability and Compatibility 
[OIC] within the Department of Homeland Security should 
consider working with NIST and DOJ to require that all grant 
dollars for interoperable communication be used for Project 25 
compliant equipment that meet the requirements of a conformity 
assessment program.
    Crime Identification Technology Act.--The Committee 
recommends $30,000,000 to be used and distributed pursuant to 
the Crime Identification Technology Act of 1998, Public Law 
105-251, of which $5,000,000 is to be transferred to the NIJ to 
develop technologies to improve school safety.
    DNA and Forensics Initiative.--The Committee recommends 
$89,500,000 to assist in forensics and DNA. Within the amounts 
provided, OJP may apply up to 5 percent of the total funds to 
support the continuation of the development of standards and 
Standard Reference Materials at the NIST OLES, to maintain 
quality and proficiency within Federal, State, and local crime 
laboratory facilities.
    The Committee has reviewed the Bureau of Justice Statistics 
[BJS] Census of Publicly Funded Forensic Crime Laboratories and 
the NIJ ``Status and Needs of Forensic Science Services: A 
Report to Congress''. The report identifies that the backlog in 
forensic science labs is not limited to DNA. In fact, these 
studies demonstrate a disturbing trend of increased cases and 
increased backlog in all disciplines of forensic science.
    According to the BJS Census, a typical lab finished the 
year with a backlog of about 650 requests, which was an 
increase of 73 percent from 2001 and 73 percent of the total 
backlogged requests at year end 2002 were attributable to 
controlled substances (46 percent), latent prints (17 percent), 
and DNA analysis (10 percent). Further, the study concluded 
that only 2 percent of all new requests were in the area of DNA 
analysis. The budget request proposes to allocate 100 percent 
of the Federal funds for forensic science to DNA even though it 
represents only 2 percent of the workload identified in the 
study. Further, these data do not include the Nation's medical 
examiners and coroners who are responsible for investigating 
all homicides.
    Based on the study's findings, the budget should allocate 
funds to all disciplines as opposed to just one. The results of 
these studies are indicative of a larger problem within the 
forensic science and legal community: the absence of data. 
While a great deal of analysis exists of the requirements in 
the discipline of DNA, there exists little to no analysis of 
the remaining needs of the community outside of the area of 
DNA. Therefore, within the funds provided for the DNA and 
Forensics Initiative the Committee directs the Attorney General 
to provide $1,500,000 to the National Academy of Sciences to 
create an independent Forensic Science Committee. This 
Committee shall include members of the forensics community 
representing operational crime laboratories, medical examiners, 
and coroners; legal experts; and other scientists as determined 
appropriate. The National Academy of Sciences Committee shall: 
(1) assess the present and future resource needs of the 
forensic science community, to include State and local crime 
labs, medical examiners, and coroners; (2) make recommendations 
for maximizing the use of forensic technologies and techniques 
to solve crimes, investigate deaths, and protect the public; 
(3) identify potential scientific advances that may assist law 
enforcement in using forensic technologies and techniques to 
protect the public; (4) make recommendations for programs that 
will increase the number of qualified forensic scientists and 
medical examiners available to work in public crime 
laboratories; (5) disseminate best practices and guidelines 
concerning the collection and analysis of forensic evidence to 
help ensure quality and consistency in the use of forensic 
technologies and techniques to solve crimes, investigate 
deaths, and protect the public; (6) examine the role of the 
forensic community in the homeland security mission; (7) 
interoperability of Automated Fingerprint Information Systems; 
and (8) examine additional issues pertaining to forensic 
science as determined by the Committee. The National Academy 
shall issue its report to the Committees on Appropriations no 
later than June 1, 2006.
    Paul Coverdell Forensic Sciences Improvement Grants.--The 
Committee recommendation provides $22,000,000 for the Paul 
Coverdell Forensic Sciences Improvement Grants.

                       COMMUNITY CRIME PREVENTION

    Safe Schools Initiative.--The Committee recommends 
$5,000,000 for programs aimed at preventing violence in public 
schools, and to support the assignment of officers to work in 
collaboration with schools and community-based organizations to 
address the threat of terrorism, crime, disorder, gangs, and 
drug activities.
    Management and Administration.--Within the recommended 
appropriation, the Committee recommends $30,500,000 for 
Management and Administration [M&A;] of all COPS programs.

                       JUVENILE JUSTICE PROGRAMS

Appropriations, 2005....................................    $379,045,000
Budget estimate, 2006...................................................
House allowance.........................................     333,712,000
Committee recommendation................................     350,000,000

    The Committee recommends an appropriation of $350,000,000. 
The recommendation is $29,045,000 below the fiscal year 2005 
funding level and $350,000,000 above the budget request.
    The Committee recommendations are displayed in the 
following table:

                            JUVENILE JUSTICE
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                          recommendation
------------------------------------------------------------------------
Concentration of Federal Efforts (Part A)..............           1,000
Formula Grants (Part B)................................          82,000
Discretionary Grants (Part C)..........................           5,000
Research, Evaluation, TA and Training (Part D).........           8,000
Developing New Initiatives (Part E)....................          75,000
Juvenile Mentoring Program (JUMP) (Part G).............          15,000
At Risk Children Program (Title V).....................          80,000
    Tribal Youth.......................................         [10,000]
    Big Brother/Big Sister.............................          [7,000]
    Enforcing Underage Drinking Laws Program...........         [25,000]
    Gang Prevention....................................         [25,000]
Secure Our Schools Act.................................          15,000
Project Childsafe......................................           5,000
Victims of Child Abuse Act.............................          15,000
Juvenile Accountability Block Grants...................          49,000
                                                        ----------------
      Total, Juvenile Justice..........................         350,000
------------------------------------------------------------------------

    The Committee expects to be consulted prior to any 
deviation from the above plan.
    Accountability Based Sanctions for Juveniles.--The purpose 
of the accountability based sanctions is to ensure that 
juvenile offenders face uniform and consistent consequences and 
punishment that correspond to the seriousness of each 
offender's current offense, history, and special treatment or 
training needs. The Committee recommends $82,000,000 to be 
available for expenses authorized by Part B of title II of the 
Act, including training and technical assistance to help small, 
non-profit organizations with the Federal grants process. 
Within this amount, $26,000,000 is for the purpose of providing 
additional formula grants under Part B to States that provide 
assurances to the Administrator that the State has in effect 
policies and programs that ensure that juveniles are subject to 
accountability-based sanctions for every act for which they are 
adjudicated delinquent.
    Enforcing the Underage Drinking Laws Program.--Within the 
funds provided in the At Risk Children Program (Title V), the 
Committee provides $25,000,000 for grants to assist States in 
enforcing underage drinking laws.
    Victims of Child Abuse Act.--The Committee recommends 
$15,000,000 for the various programs authorized under the 
Victims of Child Abuse Act [VOCA] (Public Law 101-647). Within 
the funds provided, $4,000,000 shall be for Regional Child 
Advocacy Centers Programs. The Regional Children's Advocacy 
Centers [RCACs] were established through the Victims of Child 
Abuse Act to provide information, consultation, training, and 
technical assistance to communities, and to help establish 
child-focused programs that facilitate and support coordination 
among agencies responding to child abuse. The RCACs and the 
National Children's Alliance [NCA] have identified several 
joint initiatives which include: developing centers in under-
served areas; support and development of Tribal CACs; 
constituent involvement; marketing; and public awareness. In 
working on these initiatives, the RCACs have created programs 
such as the National Training Academy, which trains 
professionals and multi-disciplinary teams investigating child 
abuse, and the telemedicine pilot project, which assists remote 
areas in investigating child abuse.

                    PUBLIC SAFETY OFFICERS BENEFITS

Appropriations, 2005....................................     $69,378,000
Budget estimate, 2006...................................      64,000,000
House allowance.........................................      72,948,000
Committee recommendation................................      72,948,000

    The Committee recommends an appropriation of $72,948,000. 
The recommendation is $3,570,000 above the fiscal year 2005 
funding level and $8,948,000 above the budget request. The 
budget request proposed to consolidate this account within 
Justice Assistance.
    The recommendation provides $64,000,000 for all mandatory 
funding for death benefits under the Public Safety Officers 
Benefits Program. This program provides a lump-sum death 
benefit payment to eligible survivors of Federal, State, and 
local public safety officers whose death was the direct and 
proximate result of a traumatic injury sustained in the line of 
duty. In addition, $4,884,000 is provided to pay for disability 
benefits to public safety officers who are permanently disabled 
in the line of duty. Further, $4,064,000 is available for the 
program which provides payments for education purposes to the 
dependents of Federal, State, and local public safety officers 
who are killed or permanently disabled in the line of duty.

               General Provisions--Department of Justice

    The Committee recommends the following general provisions:
    Section 101 makes up to $60,000 of the funds appropriated 
to the Department of Justice available for reception and 
representation expenses.
    Section 102 prohibits the use of funds in this title to pay 
for an abortion except where the life of the mother would be in 
danger.
    Section 103 prohibits the use of funds in this title to 
require a person to perform or facilitate an abortion.
    Section 104 requires female prisoners to be escorted when 
off prison grounds.
    Section 105 allows the Department of Justice, subject to 
the Committee's reprogramming procedures, to transfer up to 5 
percent between appropriations, but limits to 10 percent the 
amount that can be transferred into any one appropriation. The 
provision also prohibits transfers of funds from the Bureau of 
Prisons Buildings and Facilities account unless the President 
certifies that such a transfer is necessary to the national 
security interests of the United States and also subjects any 
such transfers to section 505 of this Act.
    Section 106 makes permanent a personnel management 
demonstration project.
    Section 107 provides authority for the Bureau of Alcohol, 
Tobacco, Firearms and Explosives to use confiscated funds 
during undercover operations.
    Section 108 requires the Bureau of Prisons to execute their 
financial plan as reflected in this report.
    Section 109 limits the placement of maximum or high 
security prisoners to appropriately secure facilities.
    Section 110 restricts Federal prisoner access to certain 
amenities.
    Section 111 provides for the creation of an investment 
review board.
    Section 112 enhances the ability of the Federal Bureau of 
Investigation and the Drug Enforcement Administration to 
recruit qualified candidates for critical positions.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

    The Committee recommends a total of $1,866,311,000 for the 
Office of the United States Trade Representative, the 
International Trade Commission, and the Department of Commerce, 
excluding Science agencies, which are addressed under a 
separate title in this Act. The recommendation is $156,696,000 
below the fiscal year 2005 funding level and $3,570,384,000 
below the budget request. The significant difference between 
the recommendation and the requested funding level is explained 
by the Committee's rejection of the proposal to consolidate 
multiple Federal community development grant programs into a 
single program, called the Strengthening America's Communities 
Initiative. Without this $3,710,000,000 request, the Committee 
recommendation for the Department of Commerce, non-science 
agencies, is $139,616,000 below the budget request.

                  TRADE AND INFRASTRUCTURE DEVELOPMENT

                            RELATED AGENCIES

            Office of the United States Trade Representative

                         SALARIES AND EXPENSES

Appropriations, 2005....................................     $40,997,000
Budget estimate, 2006...................................      38,779,000
House allowance.........................................      44,779,000
Committee recommendation................................      40,997,000

    The Committee recommends an appropriation of $40,997,000 
for the Office of the United States Trade Representative 
[USTR]. The recommendation is identical to the fiscal year 2005 
funding level and $2,218,000 above 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 influenced by economic and trade issues. This is 
due largely to the growth of the global market economy and the 
pursuit of open markets and free trade. Regardless of the 
cause, trade negotiations and market access for American goods 
and services now represent an integral component of United 
States' relations with other countries. The Office of the USTR 
has become, and will remain for the foreseeable future, an 
integral component and essential interagency coordinator in the 
development of trade policy and American diplomacy abroad. The 
Committee recommended funding level acknowledges this important 
role.
    Chief Negotiator for Intellectual Property Enforcement.--In 
fiscal year 2005, the Committee directed the creation of this 
position within USTR. The Committee directs USTR to report on 
the impact of this position no later than November 1, 2005.
    World Trade Organization.--The Committee is aware of the 
World Trade Organization [WTO] Appellate Body's January 16, 
2003, ruling regarding the Continued Dumping and Subsidy Offset 
Act (Public Law 106-387). The Committee directs USTR, in 
consultation with the Department of Commerce, to continue to 
negotiate within the WTO to seek express recognition of the 
existing right of WTO Members to distribute monies collected 
from antidumping and countervailing duties. The agency shall 
consult with and provide regular reports to the Committees on 
Appropriations on this matter every 60 days.
    In addition, the Committee directs that negotiations be 
conducted within the WTO consistent with the negotiating 
objectives contained in the Trade Act of 2002, Public Law 107-
210, to maintain strong U.S. trade remedies laws, prevent 
overreaching by WTO Panels and the WTO Appellate Body, and 
prevent the creation of obligations never negotiated or agreed 
to by the United States.

                     International Trade Commission


                         SALARIES AND EXPENSES

Appropriations, 2005....................................     $60,876,000
Budget estimate, 2006...................................      65,278,000
House allowance.........................................      62,752,000
Committee recommendation................................      62,752,000

    The Committee recommends an appropriation of $62,752,000. 
The recommendation is $1,876,000 above the fiscal year 2005 
funding level, $2,526,000 below the budget request. The 
International Trade Commission [ITC] submitted a revised budget 
request to the Committee on Appropriations. The recommendation 
is $224,000 above this revised budget request.
    The ITC is an independent, quasi-judicial agency 
responsible for conducting trade-related investigations, 
providing Congress and the President with independent technical 
advice relating to United States international trade policy, 
and performing other statutory responsibilities such as quasi-
judicial determinations on trade matters filed with the 
Commission.

                         DEPARTMENT OF COMMERCE


                   International Trade Administration


                     OPERATIONS AND ADMINISTRATION

Appropriations, 2005....................................    $388,257,000
Budget estimate, 2006...................................     395,925,000
House allowance.........................................     393,925,000
Committee recommendation................................     401,625,000

    The Committee recommends an appropriation of $401,625,000. 
The recommendation is $13,368,000 above the fiscal year 2005 
funding level and $5,700,000 above the budget request.
    The Committee recommendations, by function, are displayed 
in the following table:

                               ITA FUNDING
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                              Amount
------------------------------------------------------------------------
Manufacturing and Services.............................          48,134
Market Access and Compliance...........................          39,815
Import Administration..................................          64,134
Trade Promotion and U.S. and Foreign Commercial Service         231,722
Executive Direction and Administration.................          25,820
Offsetting Fee Collections.............................          (8,000)
                                                        ----------------
      Total ITA........................................         401,625
------------------------------------------------------------------------

    Manufacturing and Services.--The Committee recommends an 
appropriation of $48,134,000 for Trade Development. The 
Committee does not recommend the proposed offset of $700,000 
because such cost savings cannot be realized this fiscal year. 
The Committee directs the Department of Commerce to submit 
quarterly reports to the Committees on Appropriations on actual 
savings resulting from streamlining and consolidation efforts.
    Market Access and Compliance.--The Committee recommends an 
appropriation of $39,815,000 for Market Access and Compliance.
    Import Administration.--The Committee recommends an 
appropriation of $64,134,000. The recommendation includes 
$2,000,000 for the Import Administration to continue to place 
and maintain overseas enforcement officers, and to monitor 
compliance with the World Trade Organization and other 
international commitments on antidumping and subsidies.
    Trade Promotion and United States and Foreign Commercial 
Service [USFCS].--The Committee recommends an appropriation of 
$231,722,000.
    The Committee is aware of the Business Information Service 
of the Newly Independent States [BISNIS] program's success in 
producing a high level of export and investment results. The 
BISNIS program is authorized and encouraged to develop 
alternative sources of funding to leverage existing resources. 
Funding for this program should be offset via fees, charges, 
collections, recoveries and carryover as appropriate and as 
consistent with the resources of U.S. small and medium-sized 
businesses, acknowledging the difficulty involved in doing 
business in Eurasian markets. Furthermore, BISNIS is required 
to submit an operating plan and strategy for fiscal year 2006 
and beyond by March 1, 2006.
    The Committee supports the Commercial Service's work on the 
Appalachian-Turkish Trade Project, a project to promote 
opportunities to expand trade, encourage business interests, 
stimulate foreign studies, and build a lasting and mutually 
meaningful relationship between the Appalachian States and the 
Republic of Turkey, as well as the neighboring regions, such as 
Greece. The Committee expects US&FCS; to support the project.
    Within the funding provided for ITA, $13,000,000 shall be 
for the National Textile Center, $3,500,000 shall be for the 
Textile/Clothing Technology Corporation, $1,500,000 shall be 
for the Textile Marking System, $1,500,000 shall be for Auburn 
University for advanced research and development of novel 
polymetrics, and $5,000,000 shall be for the Travel and Tourism 
Promotion Advisory Board.
    Offsetting Fee Collections.--The Committee recommendation 
does not include the proposed $5,000,000 increase in offsetting 
fee collections. Implementing this increase would significantly 
impair ITA's ability to provide trade assistance to small 
businesses.
    Executive Direction and Administration.--The Committee 
recommends an appropriation of $25,820,000.
    Any changes to the funding levels provided for in this bill 
and report, including carryover balances, are subject to the 
standard reprogramming procedures set forth in section 505 of 
this Act.
    World Trade Organization.--The Committee is aware of the 
World Trade Organization [WTO] Appellate Body's January 16, 
2003, ruling regarding the Continued Dumping and Subsidy Offset 
Act. The Committee directs the Department of Commerce, in 
consultation with the Office of the U.S. Trade Representative, 
to continue to negotiate within the WTO to seek express 
recognition of the existing right of WTO Members to distribute 
monies collected from antidumping and countervailing duties. 
The agency shall consult with and provide regular reports, 
every 60 days, to the Committees on Appropriations.
    In addition, the Committee directs that negotiations be 
conducted within the WTO consistent with the negotiating 
objectives contained in the Trade Act of 2002, Public Law 107-
210, to maintain strong U.S. trade remedies laws, prevent 
overreaching by WTO Panels and the WTO Appellate Body, and 
prevent the creation of obligations never negotiated or agreed 
to by the United States.

                    Bureau of Industry and Security


                     OPERATIONS AND ADMINISTRATION

Appropriations, 2005....................................     $67,480,000
Budget estimate, 2006...................................      77,000,000
House allowance.........................................      77,000,000
Committee recommendation................................      77,000,000

    The Committee recommends an appropriation of $77,000,000. 
The recommendation is $9,520,000 above the fiscal year 2005 
funding level and identical to 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, $37,842,000 
is for export administration, $32,508,000 is for export 
enforcement, and $6,650,000 is for management and policy 
coordination.
    To ensure BIS has the necessary resources to reduce 
security threats, ensure America's technological preeminence, 
and improve the recruiting and retention of qualified 
personnel, increases are included as follows: $1,710,000 for 
the Targeted Export Enforcement Initiative; $2,581,000 for the 
Advanced Technologies Initiative; $1,050,000 for the Enhanced 
Deemed Exports Control Initiative; and $1,572,000 for the Human 
Capital Initiative.

                  Economic Development Administration

Appropriations, 2005....................................    $284,060,000
Budget estimate, 2006...................................      26,584,000
House allowance.........................................     227,569,000
Committee recommendation................................     314,924,000

    The Committee recommends an appropriation of $314,924,000. 
The recommendation is $30,864,000 above the fiscal year 2005 
funding level and $288,340,000 above the budget request. The 
recommendation does not include funding for the Strengthening 
America's Communities Initiative and has restored the 
appropriation for the Economic Development Administration [EDA] 
to previous years' level.
    The EDA provides grants to local governments and nonprofit 
agencies for public works, planning, and other projects 
designed to facilitate economic development. Funding amounts 
for the two appropriations accounts under this heading are 
displayed below.

                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

Appropriations, 2005....................................    $253,985,000
Budget estimate, 2006...................................................
House allowance.........................................     200,985,000
Committee recommendation................................     283,985,000

    The Committee recommends an appropriation of $283,985,000. 
The recommendation is $30,000,000 above the fiscal year 2005 
funding level and $283,985,000 above the budget request.
    The Committee recommendation provides funding of 
$181,718,000 for public works grants (Title I), $27,000,000 for 
planning assistance, $16,000,000 for trade adjustment 
assistance, $49,527,000 for economic adjustment grants (Title 
IX), $9,200,000 for technical assistance, and $540,000 for 
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 Gateway Economic Development District's business 
creation and expansion program for Broadwater, Lewis and Clark, 
and Meagher Counties in Montana; the Mississippi Blues Delta 
Quarter; the Development Projects, Inc. in Dayton, Ohio Tech 
Town; the expansion of Penn Eagle Industrial Park, 
Pennsylvania; the Detroit Economic Growth Business Attraction 
Program; the Wisconsin Security Research Consortium, a 
collaboration between the University of Wisconsin System and 
the Wisconsin Technology Council; the One-Stop Permitting 
Portal; the Ogontz Avenue Revitalization Corporation for a 
neighborhood redevelopment project in Philadelphia, 
Pennsylvania; the Rural Enterprises of Oklahoma to expand the 
International Trade Assistance Center; the Oklahoma State 
University Rural Product Manufacturers for the New Product 
Development and Commercialization Center; the Phase III 
implementation of the Manufacturing Training and Technology 
Center clean room at the University of New Mexico; the 
Mescalero Apache Tribe fish hatchery rehabilitation project in 
New Mexico; and the Inland Northwest Regional GigaPop Network 
Connectivity.
    The Committee expects EDA to continue its efforts to assist 
communities impacted by economic dislocations relating to 
industry downswings as well as to assist communities impacted 
by downturns due to environmental concerns. This includes the 
timber, steel, and coal industries; communities impacted by 
United States-Canadian trade-related issues; communities in New 
England, the mid-Atlantic, Hawaii, and Alaska impacted by 
fisheries regulations; and communities in the Southeast 
impacted by downturns due to the North American Free Trade 
Agreement [NAFTA].
    Rightsizing.--The Committee is aware of the exceptionally 
large geographic area served by the Hawaii Economic Development 
Administration office and urges the EDA to provide sufficient 
resources and personnel to the Honolulu field office to enable 
the State director to provide more in-depth attention to the 
more promising applications seeking economic development 
assistance.

                         SALARIES AND EXPENSES

Appropriations, 2005....................................     $30,075,000
Budget estimate, 2006...................................      26,584,000
House allowance.........................................      26,584,000
Committee recommendation................................      30,939,000

    The Committee recommends an appropriation of $30,939,000. 
The recommendation is $864,000 above the fiscal year 2005 
funding level and $4,355,000 above the budget request.

                  Minority Business Development Agency


                     MINORITY BUSINESS DEVELOPMENT

Appropriations, 2005....................................     $29,500,000
Budget estimate, 2006...................................      30,727,000
House allowance.........................................      30,024,000
Committee recommendation................................      30,727,000

    The Committee recommends an appropriation of $30,727,000. 
The recommendation is $1,227,000 above the fiscal year 2005 
appropriation and identical to the budget request.
    The recommendation includes the requested increases of 
$203,000 for the Minority Business Development Agency [MBDA] to 
enhance the delivery of data to minority-owned businesses and 
$500,000 for the expansion of the Asian Americans and Pacific 
Islanders Commission.

                ECONOMIC AND INFORMATION INFRASTRUCTURE


                   Economic and Statistical Analysis


                         SALARIES AND EXPENSES

Appropriations, 2005....................................     $78,931,000
Budget estimate, 2006...................................      85,277,000
House allowance.........................................      80,304,000
Committee recommendation................................      81,283,000

    The Committee recommends an appropriation of $81,283,000. 
The recommendation is $2,352,000 above the fiscal year 2005 
funding level and $3,994,000 below the budget request. The 
recommendation represents a 3 percent increase over the prior 
year enacted level.
    Economic and Statistical Analysis [ESA] encompasses the 
collection, tabulation, and publication of a wide variety of 
economic, demographic, and social statistics and provides 
support to the Secretary of Commerce and other Government 
officials in interpreting the state of the economy and 
developing economic policy. The Bureau of Economic Analysis 
[BEA] and the Under Secretary for Economic Affairs are funded 
within this account.

                          Bureau of the Census

Appropriations, 2005....................................    $744,748,000
Budget estimate, 2006...................................     877,385,000
House allowance.........................................     832,237,000
Committee recommendation................................     727,385,000

    The Committee recommends an appropriation of $727,385,000. 
The recommendation is $17,413,000 below the fiscal year 2005 
funding level and $150,000,000 below the budget request. The 
Committee's recommendations for the Census Bureau accounts are 
described in more detail in the following paragraphs.

                         SALARIES AND EXPENSES

Appropriations, 2005....................................    $196,110,000
Budget estimate, 2006...................................     220,029,000
House allowance.........................................     208,029,000
Committee recommendation................................     183,029,000

    The Committee recommends an appropriation of $183,029,000. 
The recommendation is $13,081,000 below the fiscal year 2005 
funding level and $37,000,000 below the budget request. This 
account provides for the salaries and expenses associated with 
the statistical programs of the Bureau of the Census, including 
measurement of the Nation's economy and the demographic 
characteristics of the population. These programs are intended 
to provide a broad base of economic, demographic, and social 
information used for decision-making by governments, private 
organizations, and individuals.
    The Committee has provided funding for the key programs of 
the Census Bureau. The Committee is particularly concerned that 
reports on manufacturing and general economic and foreign trade 
statistics are maintained and issued on a timely basis.

                     PERIODIC CENSUSES AND PROGRAMS

Appropriations, 2005....................................    $548,688,000
Budget estimate, 2006...................................     657,356,000
House allowance.........................................     624,208,000
Committee recommendation................................     544,356,000

    The Committee recommends an appropriation of $544,356,000. 
The recommendation is $4,332,000 below the fiscal year 2005 
funding level and $113,000,000 below the budget request.
    This account provides for the constitutionally-mandated 
decennial census and other programs which are cyclical in 
nature. Additionally, individual surveys are conducted for 
other Federal agencies on a reimbursable basis.
    The Committee recommends $390,000,000 for the 2010 
Decennial Census under the Demographic Statistics Program, of 
which not less than $79,800,000 shall be for the Master Address 
File/Topologically Integrated Geographic Encoding and 
Referencing [MAF/TIGER] System. The Committee is fully 
supportive of the efforts being made to make the 2010 Census as 
accurate and as cost effective as possible. To the extent 
possible, funds have been provided to ensure that current 
activities related to the 2010 Census are able to continue.
    The Census is encouraged to continue its efforts to 
minimize the number of personal visits for non-response follow-
up for Census programs. This activity is very costly and if 
response rates through other means can be increased, it will 
provide substantial cost savings in both the ongoing American 
Community Survey and the 2010 Census.

       National Telecommunications and Information Administration

Appropriations, 2005....................................     $38,678,000
Budget estimate, 2006...................................      23,450,000
House allowance.........................................      19,716,000
Committee recommendation................................      57,255,000

    The Committee recommends an appropriation of $57,255,000. 
The recommendation is $18,577,000 above the fiscal year 2005 
funding level and $33,805,000 above the budget request.

                         SALARIES AND EXPENSES

Appropriations, 2005....................................     $17,200,000
Budget estimate, 2006...................................      21,450,000
House allowance.........................................      17,716,000
Committee recommendation................................      20,255,000

    The Committee recommends an appropriation of $20,255,000. 
The recommendation is $3,055,000 above the fiscal year 2005 
funding level and $1,195,000 below the budget request.
    The recommendation includes an additional $100,000 for a 
new annual membership fee of the Internet Corporation for 
Assigned Names and Numbers [ICANN]/Governmental Advisory 
Committee [GAC] and an additional $2,087,000 for interference 
temperature and noise research to determine acceptable 
interference levels with the goal of increasing spectrum 
efficiencies.
    The Committee retains language from previous years allowing 
the Secretary of Commerce to collect reimbursements from other 
Federal agencies for a portion of the cost of coordination of 
spectrum management, analysis, and operations. The Committee is 
aware that at least an additional $37,116,000 will be available 
for NTIA in fiscal year 2006 through reimbursements from other 
agencies for the costs of providing spectrum management, 
analysis, and research services. Should additional funding be 
necessary for these critical efforts, the Committee will 
consider a reprogramming of existing resources.

    PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING, AND CONSTRUCTION

Appropriations, 2005....................................     $21,478,000
Budget estimate, 2006...................................       2,000,000
House allowance.........................................       2,000,000
Committee recommendation................................      22,000,000

    The Committee recommends an appropriation of $22,000,000. 
The recommendation is $522,000 above the fiscal year 2005 
funding level and $20,000,000 above the budget request. The 
Public Telecommunications Facilities Planning and Construction 
[PTFPC] program awards competitive grants that help public 
broadcasting stations, State and local governments, Indian 
tribes, and nonprofit organizations construct facilities to 
bring educational and cultural programming to the American 
public using broadcasting and non-broadcasting 
telecommunications technologies. The primary focus of the PTFPC 
program has been assisting public broadcasters in making the 
transition from analog to digital broadcasting.

                   INFORMATION INFRASTRUCTURE GRANTS

Appropriations, 2005....................................................
Budget estimate, 2006...................................................
House allowance.........................................................
Committee recommendation................................     $15,000,000

    The Committee recommends an appropriation of $15,000,000. 
The recommendation is $15,000,000 above both the fiscal year 
2005 funding level and the budget request.
    For the last 3 fiscal years, the administration has slated 
the Technology Opportunities Program [TOP] for elimination. The 
reason for the elimination, according to the Department, is 
that the program has fulfilled its mission. Last year, due to 
funding constraints, the Committee agreed not to include 
funding for new grants. However, there are great numbers of 
Americans that could benefit from the TOP program. The 
Committee therefore again recommends continued funding for this 
program.
    The Regional Information Sharing System [RISS] program 
under the Department of Justice provides technology support 
funding for law enforcement entities. The Committee 
recommendation therefore prohibits law enforcement entities 
eligible to receive funding under the RISS program from 
applying for TOP funds. The Committee expects NTIA to give 
preference to applications from consortia for which no other 
funding source exists.

               United States Patent and Trademark Office


                         SALARIES AND EXPENSES

Appropriations, 2005....................................  $1,544,754,000
Budget estimate, 2006...................................   1,703,300,000
House allowance.........................................   1,703,300,000
Committee recommendation................................   1,703,300,000

    The Committee recommends total budgetary resources of 
$1,703,300,000. The recommendation is $158,546,000 above the 
fiscal year 2005 funding level and identical to the budget 
request.
    In fiscal year 2005, the Committee increased the amount of 
fees the United States Patent and Trademark Office [USPTO] 
could collect by $208,754,000. The recommendation for fiscal 
year 2006 provides another substantial increase for USPTO. 
These additional funds will allow USPTO to continue 
implementation of the Twenty-First Century Strategic Plan and 
to put an end to the pendency problems that have plagued the 
Agency for so long, as discussed later in this section.
    The USPTO is charged with administering the patent and 
trademark laws of the United States. USPTO examines patent 
applications, grants patent protection for qualified 
inventions, and disseminates technological information 
disclosed in patents. USPTO also examines trademark 
applications and provides Federal registration to owners of 
qualified trademarks. The USPTO is subject to the policy 
direction of the Secretary of Commerce, but the agency has 
independent control of its budget, expenditures, personnel, 
procurement and other administrative and management functions. 
Patent laws administered by the USPTO encourage invention, 
innovation, and investment. The USPTO plays a critical role in 
promoting the continued development of intellectual property in 
this country. For established companies, new patents improve 
competitiveness, increase productivity, help bring new products 
and services to market, and create jobs.
    In fiscal year 2002, the Committee directed the USPTO to 
develop a 5-year strategic plan. The USPTO answered this 
directive with the Twenty-First Century Strategic Plan, which 
was submitted to Congress in June, 2002. With the submission of 
the Twenty-First Century Strategic Plan, the USPTO requested to 
increase fees by more than $200,000,000 and to increase its 
operating budget by 28 percent. The request for such budget 
increases rests on the assumption that substantial additional 
funding is necessary to enhance the quality of patent and 
trademark examining and reduce pendency. The Committee has 
questioned--and continues to question--the assumption that the 
USPTO's past failure to attain these objectives was the result 
of inadequate funding and that future ability to attain these 
objectives is dependent upon the hiring of hundreds, if not 
thousands, of additional personnel. Moreover, the Committee is 
aware that the Office of Inspector General [OIG] issued another 
report in June 2004, raising concerns with USPTO's hiring 
practices. Previous OIG reviews of the USPTO's Office of Human 
Resources uncovered substantial mismanagement of personnel 
records and called for improvement in the recruitment and 
retention of patent examiners. In addition to specifically 
examining USPTO's adherence to federally-mandated merit system 
principles in hiring, the OIG's June report highlighted USPTO's 
lack of official hiring policies and human resource procedures. 
The Committee directs USPTO to submit a detailed account of its 
efforts to implement the recommendations contained in the June 
2004, OIG report no later than November 30, 2005.
    Intellectual Property.--In addition to the examination and 
issuance of patents and trademarks, USPTO works to protect and 
promote the protection of American intellectual property 
domestically and overseas. Under the American Inventors 
Protection Act of 1999 [AIPA] (Public Law 106-113), the USPTO 
is directed to advise the President and all Federal agencies on 
National and international intellectual property policy issues. 
The agency is authorized by AIPA to provide guidance, conduct 
programs and studies, and otherwise interact with foreign 
intellectual property offices and international 
intergovernmental organizations on matters involving the 
protection of intellectual property. The Committee finds that 
our Federal efforts are inadequate. The recommendation 
therefore includes $500,000 for the National Intellectual 
Property Law Enforcement Coordination Council [NIPLECC]. 
Funding of $2,000,000 was provided in fiscal year 2005 for 
NIPLECC under a separate heading. The Committee is aware that 
much of this funding remains unspent. The USPTO is directed to 
report to the Committees on Appropriations on the progress of 
NIPLECC no later than November 1, 2005. It is the 
responsibility of the USPTO and the Department of Justice 
[DOJ], the Co-Chairs of the NIPLECC, to execute the Committee's 
directives concerning the NIPLECC. The Committee holds USPTO 
and DOJ responsible for making this effort work.
    Any deviations from the funding distribution provided for 
in this Act and in its accompanying statement, including 
carryover, are subject to the standard reprogramming procedures 
set forth in section 505 of this Act. In addition, 60 days 
after the date of enactment of this Act, the USPTO shall submit 
to the Committee a spending plan for fiscal year 2006. This 
spending plan should incorporate all carryover balances from 
previous fiscal years, describe any changes to the patent or 
trademark fee structure, and demonstrate how funding available 
to the USPTO in fiscal year 2006 will allow the agency to 
continue to support the objectives laid out in the Twenty-First 
Century Strategic Plan.

                                 OTHER


                        Departmental Management


                         SALARIES AND EXPENSES

Appropriations, 2005....................................     $47,466,000
Budget estimate, 2006...................................      53,532,000
House allowance.........................................      47,466,000
Committee recommendation................................      49,605,000

    The Committee recommends an appropriation of $49,605,000 
for Departmental Management Salaries and Expenses and the 
Technology Administration. The recommendation is $2,139,000 
above the fiscal year 2005 funding level and $3,927,000 below 
the budget request.
    Within Departmental Management, the Salaries and Expenses 
account provides funding for the Secretary, Deputy Secretary, 
and support staff. Responsibilities involve policy development 
and implementation affecting United States and international 
activities as well as establishing internal goals and 
operations of the Department.
    Within the funds provided for Departmental Management, no 
more than $1,181,000 and nine full time equivalents are 
provided for the Office of Legislative Affairs [OLA] within the 
Office of the Secretary. The Committee is concerned about the 
OLA's failure to provide critical information to the Committee 
in a timely manner. The streamlining of this office will 
necessitate greater coordination within the OLA.
    Security Enhancements.--The Committee is aware that the 
Department of Commerce is planning security improvements at the 
Boulder, Colorado, facility and directs the Department to 
consult with the Committee prior to proceeding. No funding 
shall be redirected from other proposed construction projects 
at Boulder for this purpose.
    Commerce Information Technology Solutions.--The Committee 
commends the administration for its commitment to small 
business with the establishment of the Commerce Information 
Technology Solutions [COMMITS] acquisition vehicle. The 
Committee agrees with the goal of this program, to provide 
critical information technology solutions through the use of 
all categories of small businesses, including disadvantaged, 
8(a), women-owned, veteran-owned, service-disabled, and HUBZone 
entities. However, the Committee is troubled by a provision of 
the procurement's current guidelines that permit incumbent 
contractors who have graduated from a particular size category 
of small business to bid against smaller firms that still 
qualify for the smaller category of classification. This ``bid 
down'' approach gives larger entities an unfair competitive 
advantage and is not an acquisition strategy espoused by other 
Federal agencies. As a result, the Committee expects the 
Department to alter the terms that govern COMMITS to eliminate 
this acquisition anomaly and to report back to the Committee on 
this change not later than January 15, 2006.

                    OFFICE OF THE INSPECTOR GENERAL

Appropriations, 2005....................................     $21,371,000
Budget estimate, 2006...................................      22,758,000
House allowance.........................................      22,758,000
Committee recommendation................................      22,758,000

    The Committee recommends an appropriation of $22,758,000. 
The recommendation is $1,387,000 above the fiscal year 2005 
funding level and identical to the budget request.

               General Provisions--Department of Commerce

    Section 201 makes Commerce Department funds available for 
advanced payments only upon certification of officials 
designated by the Secretary that such payments are considered 
to be in the public interest.
    Section 202 makes appropriations for salaries and expenses 
available for the hire of passenger motor vehicles, and for 
services, uniforms, and allowances as authorized by law.
    Section 203 provides that any cost resulting from personnel 
actions shall be absorbed by the affected Department or Agency.
    Section 204 extends the availability of appropriations 
pursuant to section 211(b) of Public Law 108-199.
    Section 205 provides the authority to transfer funds 
between Department of Commerce accounts and within NOAA 
appropriations. The provision makes transfers subject to the 
Committee's standard reprogramming procedures.

                           TITLE III--SCIENCE

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology

Appropriations, 2005....................................    $699,225,000
Budget estimate, 2006...................................     531,965,000
House allowance.........................................     548,744,000
Committee recommendation................................     844,500,000

    The Committee recommends an appropriation of $844,500,000. 
The recommendation is $145,275,000 above the fiscal year 2005 
funding level and $312,535,000 above the budget request.
    The recommendation provides that up to $3,000,000 may be 
transferred from the Scientific and Technical Research and 
Services account to the Working Capital Fund, which the 
National Institute of Standards and Technology [NIST] uses to 
purchase equipment for its laboratories.
    A description of each NIST account and the corresponding 
Committee recommendation follows in the subsequent three 
headings.

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

Appropriations, 2005....................................    $378,764,000
Budget estimate, 2006...................................     426,267,000
House allowance.........................................     397,744,000
Committee recommendation................................     399,869,000

    The Committee recommends an appropriation of $399,869,000. 
The recommendation is $21,105,000 above the fiscal year 2005 
funding level and $26,398,000 below the budget request. The 
recommendation provides the maximum funding deemed prudent for 
this account to insure that NIST meets its mission.
    The Committee's recommendations are displayed in the 
following table with specific increases described:

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
Electronics and Electrical Engineering..................          50,833
Manufacturing Engineering...............................          22,423
Chemical Science and Technology.........................          54,443
Physics.................................................          42,706
Materials Science and Engineering.......................          33,500
Building and Fire Research..............................          22,321
Computer Science and Applied Mathematics................          65,425
Technology Assistance...................................          16,134
National Quality Program................................           7,154
Research Support Activities.............................          47,018
National Research Facilities............................          37,912
                                                         ---------------
      Total, STRS.......................................         399,869
------------------------------------------------------------------------

    Within the funds made available for Electronics and 
Electrical Engineering, $7,000,000 is for the Office of Law 
Enforcement Standards [OLES].
    Within the funds made available for Research Support 
Activities, $16,028,000 is for the Building Competence for 
Advanced Measurements Program, $1,027,000 is for the For 
Inspiration and Recognition of Science and Technology Program, 
$10,678,000 is for the Postdoctoral Research Associates 
Program, $1,503,000 is for the Nanoparticle Risk Impact and 
Assessment Program, and $612,000 is for the Operation Safe 
Commerce Program.

                     INDUSTRIAL TECHNOLOGY SERVICES

Appropriations, 2005....................................    $247,943,000
Budget estimate, 2006...................................      46,800,000
House allowance.........................................     106,000,000
Committee recommendation................................     246,000,000

    The Committee recommends an appropriation of $246,000,000. 
The recommendation is $1,943,000 below the fiscal year 2005 
funding level and $199,200,000 above the budget request.
    Hollings Manufacturing Extension Programs [MEP].--The 
Committee recommends an appropriation of $106,000,000 to fully 
fund all MEP centers. MEP supports a network of locally-run 
centers that provide technical advice and consultative services 
to small manufacturing companies in all 50 States and Puerto 
Rico. Many of these firms lack the technical knowledge and 
experience to implement cutting edge technologies and cost 
saving processes, which places them at risk from foreign 
competition. The MEP, since its inception, has consistently 
been the one program that small manufacturers could look to for 
assistance. Whether it is assisting with quality standards, 
implementing Y2K solutions, or providing strategic planning, 
the MEP has delivered the services needed by small 
manufacturers. Based on a sampling of clients surveyed in 
fiscal year 2004, MEP clients indicated that the assistance 
they received resulted in increased sales of $1,500,000,000; 
retained sales of $2,600,000,000; cost savings of $686,000,000; 
and the creation and retention of 50,315 jobs. These economic 
impacts justify the full funding of the MEP.
    Advanced Technology Program [ATP].--The Committee 
recommends an appropriation of $140,000,000. Within the amounts 
made available, $60,000,000 is to be used to fund new awards. 
ATP is an industry-led, highly competitive, and cost-shared 
program that allows U.S. companies to develop the next 
generation of breakthrough technologies. These innovations 
enable revolutionary products, cutting-edge industrial 
manufacturing processes, and creative new services for the 
world's markets. Independent studies have shown that ATP is 
delivering on its mission. In a sampling of just 6 percent of 
the ATP projects, the sampled projects returned $17,000,000,000 
in net economic benefits, approximately an eight-fold return on 
investment. The ATP program is critical to ensuring that U.S. 
industries capture market share in the facing of growing global 
competition, particularly in the fields of science and 
technology.

                  CONSTRUCTION OF RESEARCH FACILITIES

Appropriations, 2005....................................     $72,518,000
Budget estimate, 2006...................................      58,898,000
House allowance.........................................      45,000,000
Committee recommendation................................     198,631,000

    The Committee recommends an appropriation of $198,631,000. 
The recommendation is $126,113,000 above the fiscal year 2005 
funding level and $139,733,000 above the budget request.
    The recommendation funds the highest priority safety, 
capacity, maintenance, and repair projects at the National 
Institute of Standards and Technology [NIST]. Of the amounts 
provided: $4,000,000 is to enable the relocation of staff from 
the leased NIST North building back to the main Gaithersburg, 
Maryland, campus; $9,400,000 is for the final phase of 
construction of the Boulder, Colorado, Central Utility Plant; 
$4,000,000 is for the design and renovation of Building 4 in 
Boulder to facilitate the relocation of the Instrument Shops 
from Wing 3 of Building 1; $6,500,000 is for Phase I of the 
Building 1 renovation design which includes construction 
documentation and Architectural and Engineering Post 
Construction Award Service [PCAS] for the renovation of Wings 3 
and 4; $4,000,000 is for the Institute for Security Technology 
Studies; and $10,100,000 is for Phase II of the Building 1 
renovation design which includes construction documents and 
construction management for the remaining wings and spine of 
Building 1 in Boulder. Funding for the latter will allow 
economies of scale to be achieved in procuring construction 
support and design services. In addition, $35,000,000 is 
provided for ongoing Safety, Capacity, Maintenance, and Major 
Repairs projects at the Gaithersburg and Boulder facilities.
    The Committee has included bill language requiring that 
out-year budget estimates be submitted by the Secretary of 
Commerce for fiscal year 2007 and each year thereafter as part 
of the annual budget justification materials for each 
construction project supported by the NIST appropriations.

            National Oceanic and Atmospheric Administration


                     (INCLUDING TRANSFERS OF FUNDS)

Appropriations, 2005....................................  $3,887,227,000
Supplemental appropriations, 2005.......................      37,940,000
Budget estimate, 2006...................................   3,581,219,000
House allowance.........................................   3,429,000,000
Committee recommendation................................   4,476,000,000

    The Committee recommends an appropriation of $4,476,000,000 
for the National Oceanic and Atmospheric Administration [NOAA]. 
Of this amount, transfers total $62,040,000. The recommendation 
is $588,773,000 above the fiscal year 2005 funding level, 
excluding emergency supplemental appropriations, and 
$894,781,000 above the budget request.
    The Committee recommendation disapproves the budget 
request, which proposes to terminate or significantly reduce 
nearly $600,000,000 from programs ranging from climate change 
to marine mammal management to infrastructure support. The 
Committee notes the Department's continued pursuit of 
reductions to NOAA's enacted funding levels, and failure to 
protest when reductions are recommended for budget savings or 
political leverage. NOAA comprises approximately 65 percent of 
the Department of Commerce's [DOC] budget. In a recent 
Statement of Administration Policy, the DOC devoted one 
sentence to the proposed $150,000,000 reduction to the budget 
request for NOAA in fiscal year 2006, whereas the Department 
devoted four paragraphs to reductions to its other bureaus, 
which comprise 35 percent of its budget. The Committee finds 
that NOAA is not well served by the DOC. The Committee notes 
that the budgets of other science agencies funded under this 
Act, including the National Science Foundation and the National 
Aeronautics and Space Administration (both independent 
agencies), thrive. The Committee fails to understand why 
science dedicated to understanding this planet and its oceans 
and atmosphere is less important than science dedicated to the 
understanding of other planets, for example. The DOC's 
strengths lie in the fields of business and trade. The DOC is 
demonstrably ill equipped to comprehend the intricacies of 
NOAA's scientific mission. The Committee continues to question 
whether NOAA would be better able to serve the American people 
as an independent agency.

                      OCEAN COMMISSION INITIATIVE

    NOAA is the Nation's lead civilian agency in science, 
service, and stewardship for the Earth's oceans and atmosphere. 
The agency's importance was recently highlighted by the United 
States Commission on Ocean Policy, the most comprehensive 
review of ocean policy and programs in over 35 years. The 
Committee's recommendations clearly highlight NOAA's diverse 
and important programs, and call for the agency and its 
programs to be strengthened and significantly expanded.
    The Committee's recommended funding levels enhance and 
improve a number of programs endorsed by the Commission. In 
total, the Committee has recommended $666,181,000, $147,147,000 
above the fiscal year 2005 funding level, and $309,513,000 
above the budget request, to support a number of the NOAA 
programs highlighted by the Commission's report. The Committee 
notes that following the release of the Ocean Commission's 
report, the budget request cut NOAA's Commission-endorsed 
programs by at least $162,366,000. The Committee encourages 
NOAA to give more consideration to the Commission-endorsed 
programs in its fiscal year 2007 budget request. NOAA is 
directed to provide the Committee with a report no later than 
March 1, 2006. This report shall detail the requested increases 
in fiscal year 2007 over fiscal year 2006 enacted levels for 
all Commission-endorsed programs. The Committee recommendations 
are provided in the following table:

               COMMITTEE NOAA OCEAN COMMISSION INITIATIVE
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                                          recommendation
------------------------------------------------------------------------
Integrated Coastal & Ocean Observation System...........         109,680
Ocean Health Initiative.................................          20,000
Sustainable Marine Aquaculture..........................          18,622
National Sea Grant Program..............................          72,175
NOAA Education Initiative...............................          36,150
Coral Reef Protection...................................          28,237
Ocean Exploration/Undersea Research.....................          48,000
Marine Debris...........................................           6,450
Cooperative Fishery Research............................          21,750
Marine Mammal Initiative................................           5,000
Coastal and Estuarine Habitat Conservation/Restoration..         123,435
Satellite Oceanography..................................           4,000
Ship Operations & Maintenance...........................         110,228
Shipbuilding/Equipment and Technology...................          62,454
                                                         ---------------
      Total Ocean Commission Initiative.................         666,181
------------------------------------------------------------------------

                  OPERATIONS, RESEARCH, AND FACILITIES

Appropriations, 2005....................................  $2,769,572,000
Supplemental appropriations, 2005.......................      23,970,000
Budget estimate, 2006...................................   2,531,168,000
House allowance.........................................   2,447,000,000
Committee recommendation................................   3,202,983,000

    The Committee recommends an appropriation of 
$3,202,983,000. The recommendation is $433,411,000 above the 
fiscal year 2005 funding level, excluding supplemental 
appropriations, and $671,815,000 above the budget request.

                      NOAA NATIONAL OCEAN SERVICE

    The Committee recommends an appropriation of $610,462,000 
for the National Ocean Service [NOS]. NOS programs provide 
scientific, technical, and management expertise to promote safe 
navigation; assess the health of coastal and marine resources; 
respond to natural and human-induced threats; and preserve the 
coastal ocean and global environments.
    Committee recommendations are displayed in the following 
table:

    NOAA NATIONAL OCEAN SERVICE OPERATIONS, RESEARCH, AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Fiscal year
                                                          2006 Committee
                                                          recommendation
------------------------------------------------------------------------
Navigation Services:
    Mapping & Charting:
        Mapping & Charting Base.........................          43,995
        Joint Hydrographic Center.......................           7,500
        Electronic Navigational Charts..................           6,190
        Shoreline Mapping...............................           2,448
        Dune System Assessment and Shoreline Change                  500
         Analysis.......................................
        Payment to OMAO.................................           3,058
        Address Survey Backlog/Contracts................          20,450
        EEZ Outer Continental Shelf Ocean Bottom Claims.           2,200
        Alaska Surveys..................................           3,500
        MS/LA Digital Coast.............................           1,000
        Coastal Environmental Mapping Consortium........           1,000
        Vessel Time Charter.............................          11,850
        River Studies...................................             750
                                                         ---------------
          Subtotal, Mapping and Charting................         104,441
                                                         ===============
    Geodesy:
        Geodesy Base....................................          20,219
        National Spatial Reference System...............           1,971
        Height Modernization Regional Expansion--NGS                 233
         Implementation.................................
        Height Modernization Regional Expansion--NC.....             933
        Height Modernization Regional Expansion--CA.....             933
        Height Modernization Regional Expansion--TX.....           1,600
        Height Modernization Regional Expansion--SC.....             467
        Height Modernization Study--MS..................             600
        Digital Earth Model--MS.........................           3,000
                                                         ---------------
          Subtotal, Geodesy.............................          29,956
                                                         ===============
    Tide & Current Data:
        Tide & Current Data Base........................          21,000
        National Water Level Observation Network........           4,500
        PORTS...........................................           3,000
        Alaska Current & Tide Data......................           1,500
                                                         ---------------
          Subtotal, Tide & Current Data.................          30,000
                                                         ===============
          Total, Navigation Services....................         164,397
                                                         ===============
Ocean Resources Conservation and Assessment:
    Ocean Assessment Program (OAP):
        Ocean Assessment Program Base...................          22,000
        Coastal Storms..................................           2,500
        Cook Inlet Coastal Monitoring and Habitat.......           1,000
        Coastal Services Center.........................          23,000
        Pacific Coastal Services Center.................           4,500
        Coastal Change Analysis.........................             500
        Lake Pontchartrain..............................           2,000
        Louisiana Long Term Estuary Assessment..........           1,000
        CREST...........................................           1,000
        CI-CORE.........................................           2,500
        Aquatic Research Consortium.....................           2,500
        Coop Institute for Coastal and Estuarine Enviro            6,800
         Tech (CICEET)..................................
        Hawaii Coral Reef Initiative....................           1,500
        Coral Reef Programs.............................          26,000
        National Fish and Wildlife Foundation--NFWF.....           1,500
        Ocean Health Initiative.........................          20,000
        White Water to Blue Water Ecosystem.............           1,000
        National Maritime Center........................           2,000
        Lake Erie Monitoring............................             500
                                                         ---------------
          Subtotal, Ocean Assessment Program (OAP)......         121,800
                                                         ===============
    Integrated Ocean Observing System:
        NOAA ICOOS......................................          15,000
        Coastal Observation Technology System...........           2,177
        Coastal Ocean Research & Monitoring Program.....           2,473
        NOAA/UNH Joint Ocean Observing Technology Center           4,000
        Alaska Ocean Observing System...................           2,000
        Gulf of Maine Observing System..................           2,000
        Long Island Sound Observing System..............           1,000
        Central Gulf of Mexico Observing System.........           2,000
        So Cal Coastal Ocean Observing System (Scripps).           1,500
        Alliance for Coastal Technologies...............           3,000
        Center for Coastal Ocean Observation and                   2,500
         Analysis.......................................
        UNCW Coastal Ocean Research and Monitoring......           2,500
        Wallops Ocean Observation Project...............           2,000
        Coastal Ocean Monitoring Network for West                    750
         Florida........................................
        Oregon Ocean Observing..........................           2,000
        SURA Coastal Ocean Observing System.............           2,500
                                                         ---------------
          Subtotal, Integrated Ocean Observing System...          47,400
                                                         ===============
    Response and Restoration:
        Response and Restoration Base...................          15,843
        Estuary Restoration Program.....................           1,200
        Damage Assessment Program.......................           6,705
        Mitigating Coastal Development Impacts..........           1,000
        Marine Debris...................................           5,000
        Marine Debris Removal--Alaska...................           1,450
        Center for Marine Spill Response................           3,000
        Pribilof Islands Cleanup and Economic                      7,000
         Development....................................
                                                         ---------------
          Subtotal, Response and Restoration............          41,198
                                                         ===============
    National Centers for Coastal Ocean Science (NCCOS):
        NCCOS Headquarters..............................           5,000
        Extramural Research.............................          15,500
        Center for Coastal Environmental Health &                 15,000
         Bimolecular Rsch...............................
        Oxford Cooperative Lab..........................           4,500
        Ctr for Coastal Fisheries Habitat Research......           6,504
        Center for Coastal Monitoring & Assessment......           5,735
        Center for Sponsored Coastal Ocean Research.....           3,700
        Marine Env Health Research Lab--MEHRL...........           4,000
                                                         ---------------
          Subtotal, National Centers for Coastal Ocean            59,939
           Science......................................
                                                         ===============
          Total, Ocean Resources Conservation and                270,337
           Assessment...................................
                                                         ===============
Ocean and Coastal Management:
    Coastal Management:
        CZM Grants......................................          70,500
        CZM Program Administration......................           7,328
        National Estuarine Research Reserve System......          20,000
        Baldwin Educational Program.....................           1,000
        Marine Protected Areas..........................           3,000
                                                         ---------------
          Subtotal, Coastal Management..................         101,828
                                                         ===============
Ocean Management:
    Marine Sanctuary Program Base.......................          51,000
    Northeast Hawaiian Islands Rsrch/HI Institute of               2,250
     Marine Biology.....................................
    USS Monitor Artifacts...............................             500
    Northwest Straits Citizens Advisory Commission......           1,400
                                                         ---------------
      Subtotal, Ocean Management........................          55,150
                                                         ===============
      Total, Ocean and Coastal Management...............         156,978
------------------------------------------------------------------------

    Integrated Coastal and Ocean Observations.--The United 
States Commission on Ocean Policy's report documents the 
enormous national benefits of deploying an operational ocean 
measurement and forecasting capability. The United States 
maintains a robust and effective meteorological observing and 
modeling capability for the atmosphere, but it largely lacks 
the same capability for the marine environment.
    A true integrated system must coordinate and consolidate 
data from stationary and drifting buoys, ships, satellites, 
tide gauges, and other platforms, develop computer models, and 
provide quality controlled data products on a real-time basis. 
The Commission's report notes the many physical, chemical, and 
biological variables that an integrated system needs to measure 
on an operational basis. In short, the United States needs to 
significantly improve its ability to measure and forecast the 
oceans and especially the coastal oceans and environment. NOAA 
needs to provide an oceans service for the Nation in the same 
way it has for years provided a weather service.
    The Committee recommendation provides $109,680,000 for 
development, management, deployment, and operation of a true 
national Integrated Coastal and Ocean Observing System. The 
Committee notes that NOAA National Ocean Service has the lead 
for creating this capability, but this challenge will involve 
the combined capabilities of all NOAA components especially the 
Office of Oceanic and Atmospheric Research and the National 
Weather Service.
    The Committee notes that the number of regional ocean 
observing programs is increasing and that these programs are 
maturing. The Committee is encouraged by recent efforts of some 
of these regional organizations to establish a federation and 
seek competitive funds. Integrating these regional systems into 
a system of systems is fundamental to the broader concept of 
the Integrated Ocean Observing System.

                 NOAA NATIONAL MARINE FISHERIES SERVICE

    The Committee recommends an appropriation of $763,783,000 
for the National Marine Fisheries Service [NMFS]. NMFS programs 
provide for the management and conservation of the Nation's 
living marine resources and their environment, including fish 
stocks, marine mammals, and endangered species. Using science-
based conservation, management, and restoration activities, 
these resources can benefit the Nation on a sustained basis. 
NMFS seeks to build sustainable fisheries, recover protected 
species, and sustain healthy coastal ecosystems and the 
communities that depend on them.
    Committee recommendations are displayed in the following 
table:

    NOAA NATIONAL MARINE FISHERIES SERVICE OPERATIONS, RESEARCH, AND
                               FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Fiscal year
                                                          2006 Committee
                                                          recommendation
------------------------------------------------------------------------
Marine Mammals, Marine Turtles, and Marine Protected
 Species:
    Protected Resources Research and Management
     Programs:
        Marine Mammals, Sea Turtles & Other Species/              27,928
         Endangered Species Act (ESA)...................
        Conservation and Recovery with States...........           1,000
        National Fish & Wildlife Foundation (NFWF)                 1,000
         Species Mgmt (PSM).............................
        Protected Species Stock Assessments and                    2,000
         Mortality Estimation...........................
                                                         ---------------
          Subtotal, Protected Resources Research &                31,928
           Management Programs..........................
                                                         ===============
    Mammals:
        Marine Mammal Protection (MMP)/NMFS Activities..           8,000
        Marine Mammal Initiative........................           5,000
        North Pacific Fixed Gear Research...............             150
        Prescott Grant Program..........................           4,000
        MS Center for Marine Education and Research.....           5,000
        Shedd Marine Mammals............................             250
        Alaska Native Marine Mammal Co-management:                   150
         Harbour Seals..................................
        North Pacific Southern Resident Orca Population            1,500
         (PSM)..........................................
        Recovery of Endangered Large Whales.............           1,000
        Right Whale Activities (ESA)....................          10,000
        Right Whale: Cooperative State Plans............           2,000
        Bottlenose Dolphins.............................           2,000
        Bottlenose Dolphins: Institute for Marine Mammal           2,500
         Studies........................................
        Dolphin Encirclement............................           3,260
        Dolphins/Yellowfin Tuna Research................             235
        Hawaiian Monk Seals.............................             825
        Alaska Seals & Sea Lions: Endangered Species Act             850
                                                         ---------------
          Subtotal, Mammals.............................          46,720
                                                         ===============
    Sea Turtles & Other Protected Species:
        Endangered Species Act..........................           5,826
        Hawaiian Sea Turtles............................           7,800
        Rancho Nuevo Sea Turtles........................             350
        Southeastern Sea Turtles........................             300
        Endangered Species Act--Fish, Crustaceans,                 8,153
         Mollusks.......................................
                                                         ---------------
          Subtotal, Sea Turtles & Other Protected                 22,429
           Species......................................
                                                         ===============
        Atlantic Salmon:
            ESA Recovery and Research...................           3,086
            Recovery Plan...............................             450
            Research....................................             699
            State of Maine Salmon Recovery (PSM)........           1,646
                                                         ---------------
              Subtotal, Atlantic Salmon.................           5,881
                                                         ===============
        Pacific Salmon:
            ESA Recovery and Research...................          51,192
            ESA--Columbia River Biological Opinion                15,100
             (BIOP) Implementation......................
            Endangered Species Studies..................             300
            Western Alaska Salmon Stock Identification..           2,500
                                                         ---------------
              Subtotal, Pacific Salmon..................          69,092
                                                         ===============
              Total, Marine Mammals, Marine Turtles, and         176,050
               Marine Protected Species.................
                                                         ===============
Fisheries Research and Management:
    Core Fisheries Programs:
        Fisheries Research and Management Programs......         127,831
        Economics and Social Sciences Research..........           9,618
        Fisheries Statistics............................          12,771
        Fisheries Oceanography..........................           1,000
        Interjurisdictional Fisheries Grants............           2,590
        National Standard 8.............................           1,000
        Reduce Fishing Impacts on Essential Fish Habitat             500
         (EFH)..........................................
        Anadromous Grants...............................           2,100
        Product Quality and Safety......................           6,724
                                                         ---------------
          Subtotal, Core Fisheries Programs.............         164,134
                                                         ===============
    Stock Assessments:
        Expand Annual Stock Assessments--Improve Data             23,397
         Collection.....................................
        Strengthen Living Marine Resource Monitoring....           2,000
                                                         ---------------
          Subtotal, Stock Assessments...................          25,397
                                                         ===============
    Salmon Management Activities:
        Columbia River Hatcheries.......................          16,522
        Columbia River Hatchery Reform..................             500
        Pacific Salmon Treaty...........................           8,000
        Chinook Salmon Management.......................             150
        Chinook Salmon Research at Auke Bay.............             300
                                                         ---------------
          Subtotal, Salmon Management Activities........          25,472
                                                         ===============
    Regional Councils and Fisheries Commissions:
        Regional Councils...............................          16,500
        International Fisheries Commissions.............             400
        Interstate Fish Commissions: 3 Commissions......             750
        Interstate Fish Commissions: Atlantic                      9,250
         Cooperative Management.........................
                                                         ---------------
          Subtotal, Regional Councils and Fisheries               26,900
           Commissions..................................
                                                         ===============
    Fish Information Networks:
        Atlantic States Marine Fisheries Commission.....           2,000
        Alaska Fisheries Information Network (AKFIN)....           3,200
        Pacific Coastal Fisheries Information Network              3,000
         (PACFIN).......................................
        Recreational Fishery Information Networkk                  3,445
         (RECFIN).......................................
        RECFIN--SC......................................             500
        Marine Fisheries Initiative (MARFIN): NMFS                 2,400
         Activities.....................................
        Marine Fisheries Initiative (MARFIN): NE                     250
         Activities.....................................
        Marine Fisheries Initiative (MARFIN): Red                    750
         Snapper........................................
        Gulf Fisheries Information Network (GULF FIN)...           4,250
        National Fisheries Information System...........           2,500
                                                         ---------------
          Subtotal, Fish Information Networks...........          22,295
                                                         ===============
    Survey and Monitoring Projects:
        Bluefin Tuna Tagging............................             850
        Bluefish/Striped Bass...........................             692
        Bluefish/Striped Bass: Chesapeake Bay...........             700
        Bluefish/Striped Bass: Rutgers..................             790
        Gulf of Maine Groundfish Survey.................             519
        New England Stock Depletion.....................           1,000
        Red Snapper Monitoring and Research.............           5,000
        West Coast Groundfish...........................           5,220
        Alaskan Groundfish Surveys: Calibration Studies.             240
        Atlantic Herring and Mackerel...................             200
        Chesapeake Bay Multi-Species Management.........             500
        Management of George's Bank.....................             441
                                                         ---------------
          Subtotal, Survey and Monitoring Projects......          16,152
                                                         ===============
    Other fisheries-related projects:
        Reducing Bycatch................................           2,800
        Charleston Bump.................................             250
        Hawaii Fisheries Development....................             750
        Groundline Exchange Pilot Program...............           2,000
        Gulf Shrimp Bycatch and Reduction Research......           1,000
        Hawaii Seafood Safety and Inspections...........           1,500
        Hawaii Stock Enhancement Program (Oceanic                    500
         Institute).....................................
        Large Pelagics Research Program.................           3,000
        Horseshoe Crab Research (HCRC)..................             650
        Lobster Sampling................................             150
        Scallop Fishery Assessment (MFI)................           1,900
        Southern Shrimp Fishing Effort Research.........           2,300
        Virginia Fisheries Trawl Survey.................             500
                                                         ---------------
          Subtotal, Other fisheries-related projects....          17,300
                                                         ===============
          Total, Fisheries Research and Management......         297,650
                                                         ===============
Enforcement & Observers:
    Enforcement & Surveillance:
        Driftnet Act Implementation.....................           1,200
        NMFS Activities (Science & Technology Driftnet             1,692
         Act)...........................................
        Enforcement & Surveillance......................          24,268
        Cooperative Agreements with States..............          17,711
        Vessel Monitoring System........................           9,300
                                                         ---------------
          Subtotal, Enforcement & Surveillance..........          54,171
                                                         ===============
    Observers/Training:
        Atlantic Coast Observers........................           3,348
        East Coast Observers............................             350
        Hawaii Longline Observer Program................           4,000
        N. Pacific Marine Resources Observers/N.Pacific            2,500
         Observer Program...............................
        NE Groundfish Observers.........................           5,500
        National Observer Program.......................           3,000
        S. Atlantic/Gulf Shrimp Observers...............             800
        West Coast Observers............................           5,000
                                                         ---------------
          Subtotal, Observers/Training..................          24,498
                                                         ===============
          Total, Enforcement & Observers/Training.......          78,669
                                                         ===============
Habitat Conservation & Restoration:
    Sustainable Habitat Management:
        Habitat Conservation............................          17,800
        Blue Crab Advanced Research Consortium..........           5,000
        Non-Native Oyster Chesapeake Bay Program--VA....           2,000
        Refine EFH Designations.........................             100
                                                         ---------------
          Subtotal, Sustainable Habitat Management......          24,900
                                                         ===============
    Fisheries Habitat Restoration:
        Connecticut River Partnership...................             400
        Atlantic Salmon/Penobscot River Habitat                    2,500
         Restoration....................................
        Community-Based Restoration Grants..............          20,000
        Mobile Bay Oyster Recovery......................           2,500
        Chesapeake Bay Oyster Restoration (VIMS)........           2,000
        Chesapeake Bay Oyster Restoration (MD)..........           4,000
        Lower Elwha River Habitat Restoration...........             280
        Merrimack River fish habitat/land conservation..             500
        Great Lakes Restoration Program.................           1,500
                                                         ---------------
          Subtotal, Fisheries Habitat Restoration.......          33,680
                                                         ===============
          Total, Habitat Conservation & Restoration.....          58,580
                                                         ===============
AK Composite Research and Development Program...........          55,000
Other Activities Supporting Fisheries:
    Cooperative Research:
        Cooperative Research--North Pacific Research               2,000
         Board..........................................
        National Cooperative Research...................           2,750
        NE Cooperative Research.........................           3,750
        New England Lobster Fishery Research............           3,000
        Northeast Consortium............................           5,000
        SE Cooperative Research.........................           4,250
        West Coast Groundfish Cooperative Research......           1,000
                                                         ---------------
          Subtotal, Cooperative Research................          21,750
                                                         ===============
    Other Programs:
        Antarctic Research..............................           1,468
        Chesapeake Bay Studies..........................           3,500
        Climate Regimes & Ecosystem Productivity........           2,000
        Computer Hardware and Software..................           3,383
        Information Analyses & Dissemination............          18,328
        Marine Resources Monitoring, Assessment &                  1,250
         Prediction Prgm (MarMap).......................
        National Environmental Policy Act (NEPA)........           8,000
        NMFS Facilities Maintenance.....................           4,000
        Southeast Area Monitoring & Assessment Program             1,385
         (SEAMAP).......................................
                                                         ---------------
          Subtotal, Other Programs......................          43,314
                                                         ===============
    Other projects:
        Consortium for Fisheries & Wildlife Conflict                 800
         Resolution.....................................
        Joint Institute for Marine and Atmospheric                 2,500
         Research (JIMAR), HI...........................
        New England Multi-Species Survey (SMAST)........           3,000
        Payment to OMAO.................................             770
        Science Consortium on Ocean Research (SCORE)--NH/          1,000
         FL/WA..........................................
        Pacific Island Regional Office/Pacific Islands             5,000
         Fisheries Science Center.......................
        NW Fisheries Science Center Groundfish Team.....           1,700
                                                         ---------------
          Subtotal, Other projects......................          14,770
                                                         ===============
          Total, Other Activities Supporting Fisheries..          79,834
------------------------------------------------------------------------

    Columbia River Hatcheries.--The Committee continues its 
interest in efforts to reform hatchery operations in the 
Columbia River Basin. The Committee directs the NMFS to work 
with the Northwest Power and Conservation Council, the United 
States Fish and Wildlife Service, State agencies, and tribes to 
reform hatchery programs by replicating the Puget Sound and 
Coastal Washington Hatchery Reform Project.
    Hawaiian Hatcheries.--The Committee recommends $750,000 for 
the Oceanic Institute to administer the Hawaii Fisheries 
Development Program to perfect the transfer of hatchery 
technology to the aquaculture industry and $500,000 for the 
Oceanic Institute to administer the Hawaii Stock Enhancement 
Program to perfect the transfer of hatchery technology to the 
aquaculture industry.
    By-catch Reduction.--The Committee recommends $1,000,000 
for research related to the improvement of shrimp by-catch 
reduction tools. The Committee is concerned with the efficacy 
of shrimp by-catch reduction tools currently in use and 
understands that goals for reductions in by-catch, such as 
juvenile red snapper, have not been met to date. The NMFS is 
directed to submit a report to the Committee no later than 
April 30, 2006, that details the tools currently in use and 
their efficacy for reducing by-catch, any ongoing efforts to 
further reduce by-catch as well as any measurable 
accomplishments towards reduction to date. The Committee 
believes that efforts to reduce by-catch are imperative and the 
report should therefore also include specific goals for 
reductions in by-catch and outline NMFS' specific plans for 
achieving their reduction goals.
    AK Composite Research and Development Program.--The 
Committee recommends funding for the AK Composite Research and 
Development Program for Alaska Fisheries and Marine Mammals. 
Alaska's commercial fishing industry is a primary employer, 
providing 47 percent of private sector jobs, and is second only 
to the oil industry in generating revenue to the State. Two of 
the Nation's top three fishing ports, in terms of highest 
dollar value for commercial landings, are in Alaska. In 2003, 
Dutch Harbor-Unalaska moved the most fish of any port--908.7 
million pounds for a total dollar value of $156,900,000. 
Kodiak, Alaska, was not far behind generating $81,500,000 for 
262.9 million pounds of fish landed.
    The amount and dollar value of fishery resources taken from 
the waters off Alaska are only half the story. The science, 
research, and management of these living marine resources 
provide for sustainable and abundance-based harvests. The North 
Pacific has no fisheries listed as endangered, in part due to 
the constant monitoring and research that this funding 
provides. Alaska's fisheries management requires data and 
research on over 900,000 square miles of ocean within the 
Exclusive Economic Zone off Alaska's coast. These funds are 
critical to provide data collection, analysis and further 
resource development of these fisheries in order to provide 
continued economic opportunity for the State of Alaska and its 
numerous coastal communities. NOAA is directed to provide the 
Committee with a spending plan for the funds provided under the 
AK Composite Research and Development Program no later than 30 
days after the date of enactment of this Act.

                 NOAA OCEANIC AND ATMOSPHERIC RESEARCH

    The Committee recommends an appropriation of $470,109,000 
for Oceanic and Atmospheric Research [OAR]. OAR programs 
provide the environmental research and technology needed to 
improve NOAA weather and air quality warnings and forecasts, 
climate predictions, and marine services. To accomplish these 
goals, OAR supports a network of scientists in its Federal 
research laboratories, universities, and joint institutes and 
partnership programs.
    Committee recommendations are displayed in the following 
table:

     NOAA OCEANIC AND ATMOSPHERIC RESEARCH OPERATIONS, RESEARCH AND
                               FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Fiscal year
                                                          2006 Committee
                                                          recommendation
------------------------------------------------------------------------
Climate Research:
    Laboratories & Joint Institutes.....................          51,000
    Climate Observations & Services:
        Climate and Global Change.......................          67,000
        Climate Research & Observations.................          10,264
        Climate Operations..............................             895
        Climate Data & Information......................           3,313
        Arctic Research Program (SEARCH)................           3,000
        Climate Change Research Initiative..............          41,455
                                                         ---------------
          Subtotal, Climate Observations & Services.....         125,927
                                                         ===============
    Partnership Programs:
        East Tennessee Ozone Study......................             300
        Climate Research (UAH)..........................           1,000
        Drought Research Study..........................           1,000
        Coastal Vulnerability to Climate Change.........           1,500
        Center for Urban Environmental Research.........           1,000
        Advanced Study Institute for Environmental                 1,500
         Prediction.....................................
        Abrupt Climate Change Research..................           1,000
                                                         ---------------
          Subtotal, Partnership Programs................           7,300
                                                         ===============
          Total, Climate Research.......................         184,227
                                                         ===============
Weather & Air Quality Research:
    Laboratories & Joint Institutes.....................          40,200
    Weather & Air Quality Research Programs:
        Targeted Wind Sensing...........................           2,000
        Coordinate NASA--NOAA Severe Storm R&D..........;           2,000
        Tornado Severe Storm Research/Phased Arrary                6,000
         Radar..........................................
                                                         ---------------
          Subtotal, Weather & Air Quality Research                10,000
           Programs.....................................
                                                         ===============
    Partnership Programs:
        Central CA Air Quality Study....................             375
        Great Plains Center for Atmophere and Human                1,000
         Health.........................................
        Urbanet.........................................           6,000
        New England Air Quality Study...................           3,000
        NE Center for Atmospheric Science and Policy....           1,500
        AIRMAP..........................................           5,000
        High Altitude Air Study.........................             350
        Risk Reduction in Weather Forecasts.............           2,000
        Reducing Wind-Induced Damages from Storms.......           1,000
        Remote Sensing Research (ISU/BCAL)..............             500
        STORM (U. of N. Iowa)...........................             650
                                                         ---------------
          Subtotal, Partnership Programs................          21,375
                                                         ===============
          Total, Weather & Air Quality Research.........          71,575
                                                         ===============
Ocean, Coastal, & Great Lakes Research:
    Laboratories & Joint Institutes:
        Laboratories & Joint Institutes.................          23,073
        Payment to OMAO.................................             110
                                                         ---------------
          Subtotal, Laboratories & Joint Institutes.....          23,183
                                                         ===============
    National Sea Grant College Program:
        National Sea Grant College Program Base.........          66,675
        Fish Extension..................................           1,500
        Aquatic Nuisance Species/Zebra Mussel Research..           1,000
        Gulf of Mexico Oyster Initiative................           1,000
        National Sea Grant Law Center...................           1,000
        Oyster Disease Research.........................           1,000
                                                         ---------------
          Subtotal, National Sea Grant College Program..          72,175
                                                         ===============
    Exploration and Undersea Research:
        National Undersea Research Program (NURP).......          12,500
        National Institute for Undersea Science and                5,000
         Technology.....................................
        Ocean Exploration...............................          30,000
        Exploration Autonomous Underwater Vehicle.......             500
                                                         ---------------
          Subtotal, Exploration and Undersea Research...          48,000
                                                         ===============
    Invasive Species Programs:
        NISA/Ballast Water Demonstrations...............           3,500
        NISA/Alaska.....................................           1,500
        Invasive Milfoil................................             250
        Ballast Water Treatment Technology..............           2,000
        HI Micronesia Invasive Species Program..........             500
        Aquatic Invasive Species Program................           2,502
                                                         ---------------
          Subtotal, Invasive Species Programs...........          10,252
                                                         ===============
    Aquaculture:
        Marine Aquaculture Program......................           4,622
        Atlantic Marine Aquaculture Center (CINEMAR)....           2,000
        Pacific Tropical Ornamental Aquaculture.........             500
        US Marine Shrimp Farming Program................           6,000
        Center for Aquaculture Development..............           1,000
        West Alabama Shrimp Aquaculture Program.........             500
                                                         ---------------
          Subtotal, Aquaculture.........................          14,622
                                                         ===============
    Partnership Programs:
        Arctic Research.................................           3,000
        Atmospheric Dispersion Forecasting..............           1,500
        Urban Coastal Institute.........................             500
        Gulf of Maine Council...........................           1,000
        Lake Champlain Emerging Threats.................             500
        Lake Champlain Research Consortium..............             350
        Center for the Environment......................             800
        Bio-screening Technology for Imported Seafood...           1,000
                                                         ---------------
          Subtotal, Other Partnership Programs..........           8,650
                                                         ===============
          Total, Ocean, Coastal, and Great Lakes                 176,882
           Research.....................................
                                                         ===============
Integrated Ocean Observing System:
    ARGO................................................          10,300
    TAU & PIRATA Arrays.................................           3,000
                                                         ---------------
      Total, Integrated Ocean Observing System..........          13,300
                                                         ===============
High Performance Computing Initiatives..................          13,000
------------------------------------------------------------------------

    Laboratories and Joint Institutes.--Of the funds provided 
for Laboratories and Joint Institutes, the Committee recommends 
$9,000,000 to establish the NOAA Joint Institute for the 
Northern Gulf of Mexico.
    National Sea Grant Program.--The Committee is concerned 
that resources for technological assistance to seafood 
businesses and university researchers have declined over the 
past two decades and encourages the NOAA National Sea Grant 
Program to expand and enhance its seafood technology 
capabilities.
    Integrated Ocean Observing System.--The Committee has 
included the ARGO, TAU, and PIRATA arrays under the heading, 
``Integrated Ocean Observing System''. These arrays provide a 
broad range of data that is fundamental to numerous research 
disciplines, not only climate change. The Committee encourages 
NOAA to consider ways to make these arrays as multi-purpose as 
possible.
    National Undersea Research Program.--Of the amount provided 
for the National Undersea Research Program [NURP], half of 
these funds are for East Coast NURP centers and half are for 
West Coast NURP centers, including the Hawaiian and Pacific 
Center and the West Coast and Polar Regions Center.

                     NOAA NATIONAL WEATHER SERVICE

    The Committee recommends an appropriation of $772,762,000 
for the NOAA National Weather Service [NWS]. NWS programs 
provide timely and accurate meteorologic, hydrologic, and 
oceanographic warnings and forecasts to ensure the safety of 
the population, mitigate property losses, and improve the 
economic productivity of the Nation. NWS is also responsible 
for issuing operational climate forecasts for the United 
States.
    Committee recommendations are displayed in the following 
table:

   NOAA NATIONAL WEATHER SERVICE OPERATIONS, RESEARCH, AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Fiscal year
                                                          2006 Committee
                                                          recommendation
------------------------------------------------------------------------
Observations, Forecasts, and Communications:
    Local Warnings and Forecasts:
        Local Warnings and Forecasts Base...............         524,830
        Tsunami Hazard Mitigation (moved from OAR)......           2,291
        Tsunami Warning & Environmental Obs for AK                 2,000
         (TWEAK)........................................
        Strengthen U.S. Tsunami Warning Network.........           5,680
        Air Quality Forecasting.........................           4,500
        Sustain Cooperative Observer Network............           1,890
        Coastal & Inland Hurricane Monitoring &                    1,500
         Prediction Program.............................
        Coastal Weather Monitoring for Catastrophic                  475
         Events.........................................
        Susquehanna River Basin Flood System............           2,000
        NOAA Profiler Network...........................           2,900
        NC Flood Plain Mapping Pilot....................             600
        Pacific Island Compact..........................           3,500
        Space Environment Center........................           7,000
        USWRP--US Weather Research Program--THORPEX.....           6,500
        Western Kentucky Environmental Monitoring                  1,000
         Network........................................
        Vermont Northeast Weather & Wind Data                        220
         Integration....................................
        Payment to OMAO.................................             523
                                                         ---------------
          Subtotal, Local Warnings and Forecasts........         567,409
                                                         ===============
    Integrated Ocean Observing System:
        National Data Buoy Center.......................          23,240
        Re-engineering & Design of Tsunami Detection               1,000
         Buoys..........................................
        Next Generation Buoy Research...................             500
        Sea Level Monitoring & Tide Gage Network........             240
                                                         ---------------
          Subtotal, Integrated Ocean Observing System...          24,980
                                                         ===============
    Operations and Research:
        Advanced Hydrological Prediction Services.......           6,098
        Aviation Weather................................           3,000
        WFO Maintenance.................................           7,390
        Central Forecast Guidance.......................          47,772
                                                         ---------------
          Subtotal, Operations and Research.............          64,260
                                                         ===============
    Weather Radio & Communications:
        Weather Radio Transmitters Base.................           2,320
        NOAA Weather Radio Transmitters--MS.............             200
        NOAA Weather Radio Receivers--AL................              50
        Hurricane & Tornado Broadcast Campaign..........           1,500
                                                         ---------------
          Subtotal, Weather Radio & Communications......           4,070
                                                         ===============
          Total, Observations, Forecasts, and                    660,719
           Communications...............................
                                                         ===============
Systems Operation & Maintenance:
    NEXRAD..............................................          43,367
    ASOS................................................           8,593
    AWIPS...............................................          37,541
    NWSTG Backup--CIP...................................           3,042
                                                         ---------------
      Total, Systems Operation & Maintenance............          92,543
------------------------------------------------------------------------

    Flood Forecast.--The Committee recommends $2,000,000 for 
the Susquehanna Flood Forecast and Warning System, which is 
critical to protecting lives and property. Of this increase, 
$1,500,000 is for system operations and $500,000 is for needed 
capital improvements to existing infrastructure.
    Tsunami Preparedness, Warnings, and Forecasts.--The 
Committee recommends full funding. Within the recommended 
amount, $10,000,000 is for tsunami specific activities, 
including hazard mitigation, community preparedness, and 
warning systems. The Committee recommends an additional 
$109,680,000 for an Integrated Ocean Observing system, which 
includes funding for tsunami detection buoys. The Committee 
remains concerned that funds should not be spent on single 
purpose observing systems. The Committee has recommended 
funding for the National Data Buoy Center to re-engineer buoys 
which support not only tsunami detection, but also a broader 
Integrated Ocean Observing System.
    Tsunami Modeling.--The Committee recognizes the value of 
modeling technology capable of forecasting in real time the 
behavior of tsunami waves as they leave deep waters and 
approach the shore line, and encourages NOAA to explore the 
feasibility of developing such models.
    Weather Radar.--The Committee directs that NOAA's National 
Weather Service continue to operate the weather radar and 
office in Williston, ND. The Committee notes that there are 
concerns regarding severe winter weather forecasts for 
northwestern North Dakota and northeastern Montana.
    Integrated Ocean Observation System [ICOOS].--As noted 
earlier in this statement, while most of the ICOOS initiative 
is funded under the NOAA National Ocean Service, NOAA's Weather 
Service will play a major role in the development and 
deployment of this initiative. The NOAA National Ocean Service 
will work with the NOAA National Data Buoy Center in upgrading 
existing ``marine weather buoys'' and re-engineering tsunami 
detection buoys to be full environmental observation systems 
that observe marine conditions both above and below the surface 
of the ocean.

  NOAA NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE

    The Committee recommends an appropriation of $180,412,000 
for National Environmental Satellite, Data, and Information 
Service [NESDIS]. NESDIS programs operate environmental polar-
orbiting and geostationary satellites and collect and archive 
global environmental data and information for distribution to 
users in commerce, industry, agriculture, science and 
engineering, the general public, and Federal, State, and local 
agencies.
    Committee recommendations are displayed in the following 
table:

    NOAA NATIONAL ENVIRONMENTAL SATELLITE, DATA & INFORMATION SERVICE
                  OPERATIONS, RESEARCH, AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Fiscal year
                                                          2006 Committee
                                                          recommendation
------------------------------------------------------------------------
Environmental Satellite Observing Systems:
    Satellite Command and Control base..................          37,011
    NSOF Operations.....................................           7,581
    Product Processing and Distribution.................          27,628
    Product Development, Readiness & Application........          17,224
    Product Development, Readiness & Application (Ocean            3,980
     Remote Sensing)....................................
    Coral Reef Monitoring...............................             737
    Joint Center/Accelerate Use of Satellites...........           3,291
    Research to Ops/NOAA-NASA Partnerships..............           4,000
    Global Wind Demo....................................           3,700
    Interagency Global Positioning System Executive                  250
     Board Secretarial (IGEB)...........................
    Commercial Remote Sensing Licensing & Enforcement...           1,244
    Remote Sensing Center...............................           2,000
    Office of Space Commercialization...................             600
                                                         ---------------
      Total, Environmental Satellite Observing Systems..         109,246
                                                         ===============
NOAA's Data Centers & Information Services:
    Archive, Access & Assessment:
        Archive, Access & Assessment....................          33,640
        Maryland........................................           5,500
        GOES Data Archive Project.......................           1,200
        Payment to OMAO.................................             366
                                                         ---------------
          Subtotal, Archive, Access & Assessment........          40,706
                                                         ===============
    Data & Climate Centers:
        Coastal Data Development........................           4,576
        Regional Climate Centers........................           2,500
        International Pacific Research Center (U of H)..           2,000
        Integrated Environmental Applications &                    3,000
         Information Center.............................
        Environmental Data Systems Modernization........           9,384
                                                         ---------------
          Subtotal, Data & Climate Centers..............          21,460
                                                         ===============
          Total, NOAA's Data Centers & Information                62,166
           Services.....................................
------------------------------------------------------------------------

                       NOAA-WIDE PROGRAM SUPPORT

    The Committee recommends an appropriation of $402,455,000 
for NOAA-wide program support. These programs provide for 
overall NOAA management, including staffing of the Under 
Secretary's office and services to NOAA and DOC field offices 
through the regional Administrative Support Centers. These 
programs also support NOAA's Education Office consistent with 
the recommendations of the Ocean Commission. The Facilities 
sub-activity provides for repair and maintenance to existing 
facilities; facilities planning and design; and environmental 
compliance. The Office of Marine and Aviation Operations 
provides aircraft and marine data acquisition, repair, and 
maintenance of the existing fleet, planning of future 
modernization, and technical and management support for NOAA-
wide activities through the NOAA Commissioned Corps.
    Committee recommendations are displayed in the following 
table:

      NOAA WIDE PROGRAM SUPPORT OPERATIONS, RESEARCH AND FACILITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Fiscal year
                                                          2006 Committee
                                                          recommendation
------------------------------------------------------------------------
Corporate Services:
    Under Secretary and Associate Offices Base..........          29,229
    NOAA Wide Corporate Services & Agency Management....          43,662
    CBS (Formally CAMS).................................          11,000
    Office of the Chief Admin. Officer Facilities Staff            1,500
     (CAO)..............................................
    Office of Chief Financial Officer (CFO).............           1,500
    Office of Workforce Management......................             123
    Payment to the DOC Working Capital Fund.............          40,693
    Payment to the Business Management Fund.............          64,101
    IT Security.........................................           4,050
                                                         ---------------
      Total, Corporate Services.........................         195,858
                                                         ===============
NOAA Education Program:
    NOAA Education Program/Education Initiative.........          10,000
    Ocean Science Bowl..................................           1,000
    JASON Education and Outreach........................           2,500
    BWET Chesapeake Bay.................................           3,500
    BWET Hawaii.........................................           1,500
    Educational Partnership Program/Minority Serving              14,400
     Institutions (EPPMSI)..............................
    Hawaii Humpback Education Program...................           1,750
    Gulf Coast Exploreum................................           1,000
    Narragansett Bay Marine Education (Save the Bay)....             500
                                                         ---------------
      Total, NOAA Education Program.....................          36,150
                                                         ===============
Facilities:
    NOAA Facilities Management & Construction and Safety          13,431
    Boulder Facilities Operations.......................           4,564
    Environmental Compliance & Safety...................           4,087
                                                         ---------------
      Total, Facilities.................................          22,082
                                                         ===============
Marine Operations & Maintenance:
    Aircraft Services...................................          18,625
    Marine Data Acquisition.............................          95,065
    Future Healthcare Benefits for Current Officers.....           2,012
    Ocean Exploration and NOAA Corps Pay Differential...           1,500
    Fleet Planning and Maintenance......................          15,163
                                                         ---------------
      Total, Marine Operations & Maintenance............         132,365
------------------------------------------------------------------------

    Under Secretary and Associate Offices.--The Committee 
recommendation includes the transfer of 74 full time 
equivalents to the Office of General Counsel.
    The Committee encourages NOAA to consider restructuring the 
offices of the Under Secretary to provide greater communication 
between the Public Affairs Office and the Office of Legislative 
Affairs. The Committee has noted a pattern of communication 
failures between these offices. Other agencies, such as the 
National Science Foundation, have developed a prudent structure 
whereby the Public Affairs Office is housed within the Office 
of Legislative Affairs. The Committee encourages NOAA to 
consider such a model.
    Program, Planning, and Integration.--The Committee has 
provided funding for Program, Planning, and Integration under 
NOAA-wide Corporate Services and Agency Management.
    E-Government.--The Committee recommendation does not 
including funding to implement E-Government initiatives.
    Working Capital Fund.--The Committee has continued to 
recommend appropriations for NOAA and Commerce Department 
corporate costs under ``NOAA-wide Program Support''. The 
Committee disapproves of the practice of allocating, or 
``tithing'', corporate costs across programs, projects, and 
activities.
    Marine Operations and Maintenance.--The Committee has 
provided substantial funding over the last several years for 
NOAA to update and expand its fleet at a significant fixed cost 
to the taxpayer. Congress intended that the modernization of 
the fleet would result in taxpayer benefits in the way of 
improved nautical charts, better managed fisheries, and ocean 
exploration discoveries. However, these benefits cannot be 
realized if funding is not provided to operate these ships. The 
Committee notes that the fiscal year 2006 budget request does 
not fully fund NOAA's operating days at sea. The Committee 
provided funding for the construction and acquisition of these 
ships to conduct research and operations not to keep the ships 
tied to the docks. The Committee strongly encourages NOAA to 
request full funding for ship time operating days in the fiscal 
year 2007 request. Furthermore, NOAA is directed to provide a 
report to the Committee no later than March 1, 2006, detailing 
the number of operating days requested in the fiscal year 2007 
budget for each ship. Of the funds provided for Marine Data 
Acquisition and Fleet Planning and Maintenance, an additional 
$10,400,000 is recommended to fully fund all of NOAA's shiptime 
and maintenance needs. Under these headings, $3,600,000 is 
recommended for the BIGELOW; $7,200,000 is recommended for the 
FAIRWEATHER; $5,000,000 is recommended for the HI'IALAKAI; 
$4,900,000 is recommended for the OSCAR DYSON; and $7,200,000 
is recommended for University NOLS.

               PROCUREMENT, ACQUISITION AND CONSTRUCTION

Appropriations, 2005....................................  $1,039,365,000
Supplemental appropriations, 2005.......................      13,970,000
Budget estimate, 2006...................................     965,051,000
House allowance.........................................     936,000,000
Committee recommendation................................   1,195,017,000

    The Committee recommends an appropriation of 
$1,195,017,000. The recommendation is $1,555,652 above the 
fiscal year 2005 funding level, excluding supplemental 
appropriations, and $229,966,000 above the budget request.
    Committee recommendations are displayed in the following 
table:

             NOAA PROCUREMENT, ACQUISITION AND CONSTRUCTION
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Fiscal year
                                                          2006 Committee
                                                          recommendation
------------------------------------------------------------------------
NOAA National Ocean Service:
    Coastal and Estuarine Land Protection Program:
        Coastal Ecosystems (Mobile & Baldwin)...........           5,000
        Orange Beach....................................             800
        Moose Mountain..................................           1,000
        Zeebajojo.......................................           1,750
        Newfields.......................................           2,000
        Winnicut Headwaters.............................           1,500
        Twelve Oaks.....................................             900
        Marblehead Penninsula...........................             900
        Alynne Pond.....................................           2,200
        Grand River Big Bend............................             500
        Eastern Shore...................................           1,125
        Jamestown.......................................           3,000
        Sowams Property.................................           1,000
        Widget Woods....................................             750
        Ballard Property................................             885
        Marvell Property................................             700
        Maquoit Bay.....................................           2,000
        South Carolina Coastal Initiative...............           3,000
        Babcock Ranch...................................           3,000
        Chesapeake Bay..................................           4,000
        Blackbird Creek Reserve.........................           1,500
        Madeira's Creek.................................           2,000
        Tuniper's Pond..................................             500
        Detroit Riverfront West.........................           3,000
        Potter Creek/Otis Bogs..........................             250
        Thames River....................................             250
        Dos Pueblos.....................................             250
        Piedras Blancas.................................             250
        Henry Property..................................           1,250
        Herring River...................................             500
        Elmer's Island..................................             250
        Tchefuncte Marsh................................             200
        Regis Ranch.....................................           1,740
        Webster Woods...................................             500
        Commencement Bay................................           1,550
        Competitive Grants..............................          10,000
                                                         ---------------
          Subtotal, Coastal and Estuarine Land                    60,000
           Protection Program...........................
                                                         ===============
    NERRS Acquisition/Construction:
        National Estuarine Research Reserve Construction          12,000
         & Land Acquisition.............................
        Texas NERR (new)................................           4,435
                                                         ---------------
          Subtotal, NERRS Acquisition/Construction......          16,435
                                                         ===============
    Section 2 (FWCA):
        Great Bay Partnership...........................           6,000
        Village Point Park Preserve.....................           1,000
                                                         ---------------
          Subtotal, Section 2 (FWCA)....................           7,000
                                                         ===============
    Marine Sanctuaries Construction/Acquisition:
        Marine Sanctuaries Construction Base............           7,500
        Channel Islands National Marine Sanctuary.......           3,000
        Thunder Bay National Marine Sanctuary Exhibit...           1,000
        Flower Garden Banks Patrol Craft................           3,200
        Small Boats.....................................           5,000
                                                         ---------------
          Subtotal, Marine Sanctuary Construction/                19,700
           Acquisition..................................
                                                         ===============
    Other NOS Construction/Acquisition:
        Gulf Coast Marine Aquaculture Laboratory........           4,000
        Down East Institute For Marine Research.........           2,000
        Center for Aquatic Resource Management..........           6,000
        Pascagoula River Basin Estuarine Center.........           1,500
        Oxford Cooperative Lab..........................           1,500
                                                         ---------------
          Subtotal, Other NOS Construction/Acquisition..          15,000
                                                         ===============
          Total NOAA National Ocean Service--PAC........         118,135
                                                         ===============
NOAA National Marine Fisheries Service:
    Systems Acquisition/Construction:
        Pascagoula Laboratory--Dock Repairs & Harbor               1,500
         Maintenance....................................
        Gulf Coast Fisheries & Ocean Research Facility..           5,000
        Barrow Arctic Research Center...................           8,000
        Phase III--Galveston Laboratory Renovation......           2,027
                                                         ---------------
          Total, NOAA National Marine Fisheries Service--         16,527
           PAC..........................................
                                                         ===============
NOAA Oceanic and Atmospheric Research:
    Systems Acquisition/Construction:
        Research Supercomputing/CCRI....................          10,611
                                                         ---------------
          Total, NOAA Oceanic and Atmospheric Research--          10,611
           PAC..........................................
                                                         ===============
NOAA National Weather Service:
    Systems Acquisition:
        ASOS............................................           4,737
        AWIPS...........................................          13,067
        NEXRAD..........................................           8,604
        NWSTG Legacy Replacement........................             534
        Radiosonde Network Replacement..................           4,472
        Weather and Climate Supercomputing..............          19,547
        Weather and Climate Supercomputing Back-up......           7,244
        Cooperative Observer Network Modernization......           4,289
        Complete and Sustain NOAA Weather Radio.........           5,650
                                                         ---------------
          Subtotal, NWS Systems Acquisition.............          68,144
                                                         ===============
    Construction:
        WFO Construction................................          13,803
        NOAA Center for Weather & Climate Prediction               8,530
         (NCEP).........................................
                                                         ---------------
          Subtotal, NWS Construction....................          22,333
                                                         ===============
          Total, National Weather Service--PAC..........          90,477
                                                         ===============
NESDIS:
    Systems Acquisition & Construction:
        Geostationary Systems (GOES)....................         362,225
        Polar Orbiting Systems (POES)...................         104,085
        LandSat.........................................          11,000
        Polar Orbiting Systems (NPOESS).................         325,070
        EOS & Advanced Polar Data Processing,                      1,040
         Distribution & Archiving Systems...............
        CIP--single point of failure....................           2,837
        Comprehensive Large Array Data Stewardship                 6,628
         System (CLASS).................................
        NPOESS Preparatory Data Exploitation............           4,500
        Satellite CDA Facility..........................           2,280
                                                         ---------------
          Total, NESDIS--PAC............................         819,665
                                                         ===============
Program Support:
    Integrated Ocean Observing System:
        NOAA ICOOS Observing Systems (NOS)..............          15,000
        Convert NOAA Weather Bouys with NDBC (NOS)......           4,000
        Coastal Global Ocean Observing System (NWS).....           1,497
        Strengthen U.S. Tsunami Warning Network.........           3,480
                                                         ---------------
          Subtotal, Integrated Ocean Observing System...          23,977
                                                         ===============
    Construction:
        NOAA Pacific Regional Facility..................          20,000
        Construction....................................          12,000
                                                         ---------------
          Subtotal, Construction........................          32,000
                                                         ===============
    OMAO Fleet Replacement:
        Small Waterplane Area Twin Hull Vessel (SWATH)..           4,000
        Upgrades: NANCY FOSTER/OSCAR DYSON/HI'IALAKAI/             3,254
         FAIRWEATHER....................................
        Fisheries Survey Vessel Replacement #2..........           2,500
        Fisheries Survey Vessel #3......................           5,500
        Fisheries Survey Vessel #4......................          44,200
        AUV Sensors.....................................           3,000
                                                         ---------------
          Subtotal, OMAO Fleet Replacement..............          62,454
                                                         ===============
          Total, Program Support--PAC...................         118,431
------------------------------------------------------------------------

    Coastal and Estuarine Land Protection.--This is the fourth 
year the Committee has recommended funding for the Coastal and 
Estuarine Land Protection program [CELP]. This program is 
modeled on the United States Forest Service's Forest Legacy 
Program. The Committee notes that the success of the Forest 
Legacy Program is in part due to the vetting process for each 
land conservation project. The Committee notes that several 
land conservation projects under the CELP program are not 
similarly vetted. Therefore, the Committee directs NOAA to 
assemble a list of projects that are ready and eligible for 
funding under the CELP program in fiscal year 2007. Such 
projects shall be identified as priorities under approved State 
CELP plans, or if a State CELP plan has not been completed, by 
the State's coastal program. These projects shall then be 
reviewed and prioritized by the Agency based on appropriate 
criteria. The Committee further directs that this list be 
forwarded to the Committee no later than March 1, 2006.
    Under the guidelines established for the Coastal and 
Estuarine Land Conservation Program [CELCP], the Committee 
directs NOAA to provide $1,000,000 to a nongovernmental 
organization to conserve land at Moose Mountain and hold title 
to land or interests in land in perpetuity. Furthermore, under 
CELCP Guideline 2.6 C, ``silviculture'' shall be considered 
consistent with long-term conservation on Moose Mountain.
    Fish and Wildlife Coordination Act.--The funds included in 
the Committee recommendation for this account will be used 
expressly to acquire lands or interests in lands that include 
significant conservation, recreation, ecological, historical or 
aesthetic values or to construct interpretive, scientific, or 
stewardship facilities at the sites. In keeping with the 
statute, section 2 of the Fish and Wildlife Coordination Act 
(The Act of March 10, 1934, Chapter 55), acquisition projects 
are not dependent upon receipt of State, local, or private 
matching funds.
    NOAA Ships.--The Committee recommendation includes funding 
to complete the construction costs associated with three 
fishery survey vessels [FSV]. The Committee notes that the 
National Marine Fisheries Service Data Acquisition Plan of 1988 
identified a requirement for 10 acoustically quiet ships to 
meet its needs for fisheries data collection at sea. 
Furthermore, Public Law 106-450, the Fishery Survey Vessel 
Authorization Act of 2000, authorized construction of six 
acoustically quiet ships. Four of the six ships are needed for 
deep water data collection and two are needed for shallow water 
work. NOAA has contracted for, and the Committee has funded, 
the first four deep water vessels. However, a need remains for 
the shallow draft fisheries survey vessels. The Committee 
directs NOAA to begin requirements definition and feasibility 
studies of a shallow water class of fisheries survey vessels in 
preparation for construction of the shallow water vessels 
through a competitive procurement process.
    The FSV2, the BIGELOW, will become operational during 
fiscal year 2006. The BIGELOW is currently planned for 
fisheries survey work in New England. NOAA is directed to 
provide a report to the Committee no later than January 15, 
2006, on potential homeports for this vessel in northern New 
England. In preparation of this report, NOAA should consider 
all costs associated with each potential homeport, including 
potential dredging needs, dock rehabilitation and construction, 
existing deep water terminals, and proximity to fishery 
research areas. Funds associated with short- or long-term 
berthing of this vessel are subject to section 505 of this Act.
    NOAA Aircraft and Unmanned Aerial Vehicles.--NOAA's severe 
weather research and reconnaissance aircraft are required to 
collect data in hurricanes and winter storms in support of NOAA 
operational forecasts and warnings. Most of these aircraft are 
approaching 30 years of age. It is not clear how much longer 
the present aircraft, avionics, and mission equipment can 
continue to meet mission needs. NOAA is directed to submit a 
plan to the Committee no later than May 15, 2006, describing 
how NOAA will modernize or replace its aging aircraft fleet to 
meet its severe weather data collection needs in the future. 
This report should address the utilization of both manned and 
remotely operated aircraft, and include instrumentation 
requirements for the next generation severe weather research 
and reconnaissance aircraft.
    The Committee notes that over the past several years the 
technological maturity of the United States manufactured 
unmanned aerial vehicles [UAVs] has increased substantially. 
UAVs offer NOAA a potentially low cost alternative to 
traditional research and operational missions. The Committee 
directs NOAA, in consultation with the National Aeronautics and 
Space Administration, to report to the Committee no later than 
March 17, 2006, on the potential use of UAVs to operate in the 
near space environment for a variety of scientific and 
operational missions. Such missions may include: weather 
prediction, climate change, global-scale vertical resolution 
and profiling, atmospheric-ocean-land exchange processes, land 
surface and ecosystem monitoring, storm tracking, fisheries 
research, coastal zone imaging and sampling, range safety 
patrol, launch vehicle tracking and telemetry relay, satellite 
verification, and ground truth measurements.

                  PACIFIC COASTAL SALMON RECOVERY FUND

Appropriations, 2005....................................     $88,798,000
Budget estimate, 2006...................................      90,000,000
House allowance.........................................      50,000,000
Committee recommendation................................      90,000,000

    The Committee recommends $90,000,000 for the Pacific 
Coastal Salmon Recovery Fund. The recommendation is $1,202,000 
above the fiscal year 2005 funding level and identical to the 
budget request.
    Within the funding for this appropriation, the Committee 
allocates funds as follows:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                              Amount
------------------------------------------------------------------------
State of Alaska........................................           24,000
State of California....................................           13,000
State of Idaho.........................................            4,500
State of Oregon........................................           13,000
State of Washington....................................           25,000
Columbia River Tribes..................................            2,500
Pacific Coast Tribes...................................            8,000
------------------------------------------------------------------------

                      COASTAL ZONE MANAGEMENT FUND

Appropriations, 2005....................................      $3,000,000
Budget estimate, 2006...................................       3,000,000
House allowance.........................................       3,000,000
Committee recommendation................................       3,000,000

    The recommendation includes requested language allowing not 
to exceed $3,000,000 collected pursuant to the Coastal Zone 
Management Act to be transferred to the ``Operations, Research 
and Facilities'' account to offset the costs of implementing 
that Act.

                   FISHERIES FINANCE PROGRAM ACCOUNT

Appropriations, 2005....................................        $287,000
Budget estimate, 2006...................................................
House allowance.........................................................
Committee recommendation................................         287,000

    The Committee recommends an appropriation of $287,000 in 
subsidy appropriations for the NOAA Fisheries Finance Program 
Account. The recommendation is identical to the fiscal year 
2005 funding level and $287,000 below the budget request. The 
recommendation provides support for the following: $5,000,000 
for Individual Fishing Quota loans; and $59,000,000 for 
traditional fisheries finance direct loans, of which 
$19,000,000 is for the menhaden fishery.

             National Aeronautics and Space Administration

Appropriations, 2005.................................... $16,070,400,000
Supplemental appropriations, 2005.......................     126,000,000
Budget estimate, 2006...................................  16,456,400,000
House allowance.........................................  16,471,050,000
Committee recommendation................................  16,396,400,000

    The Committee recommends an appropriation of 
$16,396,400,000 for the National Aeronautics and Space 
Administration [NASA]. The recommendation is $326,000,000 above 
the fiscal year 2005 funding level, excluding emergency 
supplemental appropriations, and $60,000,000 below the budget 
request.
    The National Aeronautics and Space Administration [NASA] 
was established by the National Aeronautics and Space Act of 
1958 (Public Law 85-568) to conduct space and aeronautical 
research, development, and flight activities for peaceful 
purposes designed to maintain U.S. preeminence in aeronautics 
and space. NASA's unique mission of exploration, discovery, and 
innovation is intended to preserve the United States' role as 
both a leader in world aviation and as the pre-eminent space-
faring nation. It is NASA's mission to: advance human 
exploration, use, and development of space; advance and 
communicate scientific knowledge and understanding of the 
Earth, the Solar System and the Universe; and research, 
develop, verify, and transfer advanced aeronautics and space 
technologies.
    The President has announced a vision to return man to the 
Moon and eventually to Mars. This vision has provided an 
overall direction and focus for NASA. NASA has had over 18 
months to formulate its plans and to begin implementation of 
this initiative. The Committee hopes that current work by NASA 
will come to fruition soon, and that the details of how to 
pursue the exploration vision will begin to take shape. The 
Committee is supportive of the vision, but also has 
reservations about fully moving forward to implement this 
ambitious undertaking without comprehensive authorization 
legislation.
    The Committee has modified the internal programs within the 
account structure as proposed in the budget request. The 
Committee has transferred the appropriate activities to reflect 
the two accounts of Science, Aeronautics, and Exploration and 
Exploration Capabilities. The account of the Office of the 
Inspector General will remain unchanged. These account 
revisions are being made to accommodate NASA's exploration 
vision. NASA has made substantial changes to its account 
structure each year and this has made it difficult to do year-
to-year comparisons for funding. The Committee expects NASA to 
make no changes to the themes within each account or to the 
programs within each theme in its fiscal year 2007 budget 
request.
    The Committee is extremely disappointed in the lack of 
detail provided in the fiscal year 2006 congressional budget 
justification document. Budget justifications are critical to 
the Committee's ability to make informed decisions concerning 
the administration's funding and must be submitted in a format 
with the greatest level of detail possible. In order for the 
budget justifications to be of value to the Committee, NASA is 
to present the fiscal year 2007 budget justification with 
detailed information on the prior year, current year, requested 
funding levels, and funding levels for the subsequent 4 fiscal 
years for each program, project, or activity funded within each 
division and directorate in each account, and provide detailed 
information on all proposed changes being requested. NASA is 
directed to submit to the Committee, not later than October 15, 
2005, a template for its fiscal year 2007 budget justification 
document that complies with this direction.
    The Committee understands that NASA is undertaking several 
extensive studies to define the activities and schedule 
necessary for accomplishing the initial stages of the 
exploration vision. The Committee commends NASA for the work 
being done, but notes that the results may not come in time for 
consideration during the deliberations of fiscal year 2006 
appropriations. The Committee is open to considering funding 
adjustments as details are provided to the Committee.
    In past years, NASA has chosen to make major programmatic 
decisions through the operating plan process. While such 
changes are allowed, it is not the view of the Committee that 
this should be a regular occurrence. Instead, such changes 
should be for minor adjustments as they arise and only in 
exceptional circumstances should comprehensive changes be made. 
Such changes disrupt the planning of ongoing activities and 
create unplanned workforce management difficulties.
    NASA's new vision maps out an aggressive role for the 
United States in both manned and unmanned space exploration. 
However, the potential out-year costs are substantial and will 
likely be very difficult to sustain at the estimated levels. In 
addition, there must be a commitment by NASA to those 
activities that are already underway. The Shuttle program and 
the construction of the International Space Station [ISS] 
continue to be the primary focus of the Nation's manned space 
flight activities. Nevertheless, a replacement for the Space 
Shuttle's manned and heavy lift capabilities must be considered 
as part of any plan for continued human access to space.
    NASA now must lay the groundwork for the successful 
implementation of the proposed vision. The Committee expects 
NASA to take steps toward implementing the vision in fiscal 
year 2006 and to provide year-by-year budgetary and 
developmental goals related to the vision for the next 5 years, 
along with 10-year summary budget totals, in the fiscal year 
2007 request.
    The Committee is concerned that NASA will neglect areas 
that will only tangentially benefit from, or that do not fit 
within, the proposed vision. Within the fiscal year 2006 budget 
request, programs and infrastructure are proposed to be 
deferred or cancelled in such areas. These programs appear to 
be the sacrifices for the near-term budgetary resources needed 
to facilitate the implementation of the Moon/Mars vision.
    The new National space policy to proceed with human and 
robotic exploration of the Moon, Mars, and beyond has profound 
implications for all of the science conducted by NASA. While 
the Committee applauds those goals, it is concerned that the 
strong, balanced science program that has served the Nation so 
successfully for many years could be left behind instead of 
being nurtured and sustained. That science program has been 
based on a set of carefully crafted scientific strategies that 
are founded on scientific and technical merit, relevance to 
overall national needs, and broad consultation with the 
scientific community. NASA is encouraged to look for ways to 
maintain a balance with the productive science NASA is known 
for and currently has underway, while taking the steps to 
fulfill the exploration vision.
    Finally, for fiscal year 2006 and each year thereafter, the 
Committee directs NASA to include the out-year budget impacts 
in all reprogramming requests. Future operating plans and all 
resubmissions also shall include a separate accounting of all 
program/mission reserves and impacts on estimated carry over 
funds.

                 SCIENCE, AERONAUTICS, AND EXPLORATION

                     (INCLUDING TRANSFERS OF FUNDS)

Appropriations, 2005....................................  $7,680,610,000
Supplemental appropriations, 2005.......................     126,000,000
Budget estimate, 2006...................................   9,661,000,000
House allowance.........................................   9,725,750,000
Committee recommendation................................   9,761,000,000

    The Committee recommends an appropriation of $9,761,000,000 
for the Science, Aeronautics, and Exploration account. The 
recommendation is $35,250,000 above the fiscal year 2005 
funding level and $100,000,000 above the budget request.
    NASA's Science, Aeronautics, and Exploration [SAE] account 
provides funding for the Science, Exploration Systems, and 
Aeronautics Research Mission Directorates and Education 
Programs. The SAE appropriation includes both the direct and 
the indirect costs of supporting the Mission Directorates and 
Education Program, and provides for: research; development; 
operations; salaries and related expenses; design, repair, 
rehabilitation, and modification of facilities and construction 
of new facilities; maintenance and operation of facilities; and 
other general and administrative activities supporting SAE 
programs.
    Within this account, the Committee directs NASA not to 
charge any administrative expenses to congressionally-directed 
spending on specific projects. These costs should be absorbed 
within the funding provided in this account. The Committee has 
provided $50,000,000 within this account for initiatives 
terminated in the fiscal year 2006 budget request.
    A servicing mission to the Hubble Telescope is a National 
priority. The National Academy of Sciences affirmed this view 
in its report to the Agency late last year. The NASA 
Administrator has echoed this view and announced a formal 
internal study to determine the feasibility of a shuttle based 
SM-4 mission once the shuttle fleet is safely returned to 
flight. The Committee reiterates its strong support for an 
appropriate servicing mission to Hubble to ensure the continued 
operation of the telescope into the next decade. Therefore, in 
preparation for a potential shuttle based servicing mission, 
the Committee recommends an increase of $250,000,000 above the 
budget request for an SM-4 mission to be completed by the end 
of 2008, pending a final decision by the NASA Administrator.
    The Committee recognizes the potential for fulfilling some 
future planetary exploration, mapping, positioning, and 
communications requirements at greatly reduced cost through 
microsatellites. Of the funds recommended for Exploration 
Systems, $20,000,000 shall be used for the evaluation of 
alternative small spacecraft technologies with the potential 
for dramatically lowering planetary exploration costs. These 
funds shall be applied to developing low cost payload and 
satellite bus technology in a pathfinder mission demonstrating 
high impact exploration technologies. NASA shall work with the 
Department of Agriculture, the Department of Defense, the 
National Oceanic and Atmospheric Administration, and other 
Federal agencies in sharing data collected from this pathfinder 
mission in order to evaluate small spacecraft technology's 
potential for fulfilling multi-agency applications.
    The Committee supports the independent review of the 
Discovery 11 selection process and expects a favorable decision 
in order to proceed with a Discovery 11 new start. The 
Committee is concerned about potentially escalating costs 
associated with future Discovery missions. Therefore, for all 
future Discovery missions following Discovery 11, the Committee 
caps the Discovery program at not more than $350,000,000 per 
mission. Further, the Committee expects NASA to proceed as well 
with the Discovery 12 announcement of opportunity as quickly as 
the Discovery 11 selection is resolved. This is to ensure that 
proceeding with Discovery 11 does not jeopardize Discovery 12's 
funding.
    The Committee recommends the requested level of 
$234,000,000 for the Living With A Star [LWS] program. This 
program is one of NASA's most important space science programs. 
The Committee expects NASA to issue an announcement of 
opportunity for the Geospace Radiation Belt Storm Probe no 
later than July 29, 2005. In addition, the Committee directs 
NASA to develop a plan to guarantee launch of this Geospace 
mission and the Solar Dynamic Observatory [SDO] as close to 1 
year of each other as possible, with the Solar Sentinels to 
follow thereafter within a reasonable timeframe. The Committee 
remains concerned about SDO's cost growth over time and expects 
NASA to take steps to manage it so as not to adversely impact 
the future launch schedules of Geospace and the Solar 
Sentinels.
    The Committee recommends $78,800,000 for NASA's Solar 
Terrestrial Probes program, the same as the budget request. 
Funds provided herein should support an early 2006 launch of 
Solar Stereo as well as robust funding to commence phase C/D 
work for the magnetospheric multiscale [MMS] mission, with the 
expectation that MMS will have a funding profile to launch no 
later than 2011.
    Earth science has been a critical part of the balanced 
space program long advocated by this Committee. The Committee 
remains fully committed to a robust Earth science program at 
NASA notwithstanding the recent headquarters reorganization 
plan. The Committee expects NASA to remain fully committed to 
Earth science, with future missions that reflect a serious 
commitment to Earth science as a vital part of the Nation's 
space program. The Committee further recommends $102,837,000 
within this account to supplement activities within the areas 
of earth science and exploration.
    The recommendation includes an increase of $15,000,000 
above the budget request for the NASA Earth Science 
Applications Program. This funding increase will be used to 
support competitively-selected applications projects. These 
projects will integrate the results of NASA's earth observing 
systems and earth system models (using observations and 
predictions) into decision support tools to serve applications 
of national priority including, but not limited to: Homeland 
Security; Coastal Management; Agriculture Efficiency; and Water 
Management and Disaster Management.
    The Committee is encouraged by the efforts of the National 
Academy of Sciences to devise an earth science decadal survey, 
as has already been done for the other science disciplines 
funded by NASA. The Committee expects NASA to have an 
implementation plan, with new start funding attached, to 
initiate the highest priority missions from the decadal survey 
in fiscal year 2007. In addition, the Committee fully expects 
this implementation profile to have a continuous mixture of 
small-, medium-, and observatory-class earth science missions 
that guarantee regular and recurring flight opportunities for 
the earth science community.
    In addition, the Committee notes the continued success of 
the earth observing data information system [EOSDIS] and the 
EOSDIS core system [ECS] which has successfully handled record 
amounts of data for storage and distribution to the scientific 
community for the EOS mission series. The Committee directs 
NASA to ensure that the EOSDIS and the ECS remain the 
operational foundation of the evolutionary ground system to 
implement all of the new missions funded as a result of the 
earth science decadal survey.
    The Committee notes that over the past several years the 
technological maturity of U.S. manufactured unmanned aerial 
vehicles [UAVs] has increased substantially. The Committee 
believes UAVs could offer NASA a potentially low cost 
alternative to traditional earth science research missions, 
thereby opening up new opportunities for research that do not 
currently exist. In addition, the use of UAVs offers similar 
opportunities for NOAA to utilize new, low cost technology that 
could improve weather and severe storm prediction capabilities. 
Therefore, the Committee directs the NASA Administrator, in 
consultation with NOAA, to report to the Committee on the 
potential use of UAVs to operate in the near space environment 
for a variety of science and operational missions, including 
weather prediction, climate change, global-scale vertical 
resolution and profiling, atmosphere-ocean-land exchange 
processes, land surface and ecosystem monitoring, storm 
tracking, coastal zone imaging and sampling, range safety 
patrol, launch vehicle tracking and telemetry relay, satellite 
verification, and ground truth measurements. The report shall 
be completed no later than March 17, 2006.
    The Committee recommends the budget request of $30,900,000 
for continued operation of the Independent Verification and 
Validation [IV&V;] Center in Fairmont, WV.
    The Committee is concerned with the steady decline in the 
aeronautics research and technology request. Even more 
alarming, NASA's budget projections indicate that this trend 
will continue. Further, the United States faces major foreign 
competition in the commercial aviation arena. The Committee is 
committed to the research NASA conducts in aeronautics, and to 
the benefits, both in terms of safety and economics, that will 
be made available to the public through NASA-led research.
    With U.S. competitiveness under pressure from other 
countries, it is imperative that NASA honor its historical role 
in civil and military aeronautics research. The Committee is 
troubled by the budget request's proposed dismantlement of the 
Vehicle Systems Program by concentrating its resources on a 
narrow set of flight demonstrations that have not been the 
subject of any peer review, whereas the seven major projects of 
the existing VSP were found by the National Academy to be of 
good quality a little over 2 years ago. For this reason, NASA 
is directed to halt any transition to the proposed ``four 
flight project'' architecture for the VSP, and instead shall 
maintain the existing program structure in place, along with 
its people and facilities. While the Committee supports the 
establishment of a new national aeronautics policy, any such 
policy must be guided by the data provided in the recently 
completed National Institute of Aerospace [NIA] report, 
``Responding to the Call: Aviation Plan for American 
Leadership''. Any prospective new policy must be driven by 
scientific merit and industrial need and baseline data for such 
a policy, and the funding profile flowing from it, should be 
taken from the NIA report rather than some new collection 
effort or study.
    Based on the success of the X-43 program, the Committee 
recommends $25,000,000 to continue the research being conducted 
on hypersonic engine technologies. The Committee also continues 
to encourage joint NASA and Air Force cooperation and 
collaboration in advancement of aeronautics technologies in the 
National interest.
    NASA has a long history of supporting science, technology, 
engineering, and mathematical education. This support reaches 
all levels of education from K-12 to graduate level. For NASA 
to embark on its vision for exploration there must exist a 
general workforce that is technically skilled as well as a wide 
range of scientists and engineers for NASA to draw upon. This 
will require exciting young minds in the areas of science, and 
then sustaining this excitement through college and beyond. To 
help accomplish this task, NASA has dedicated funds toward many 
education activities. Within the education programs provided 
for within this account, the Committee recommends $12,000,000 
for the NASA Experimental Program to Stimulate Competitive 
Research [EPSCoR], $29,550,000 for the National Space Grant 
College and Fellowship Program (Space Grant), and $54,233,000 
for other education-related activities. The Committee also 
encourages NASA to continue its cooperative educational 
programs with the Museum of Natural History and the Hayden 
Planetarium in New York. The Committee directs, to the extent 
possible, that education funds within this account address the 
education needs of women, minorities, and other historically 
underrepresented groups.
    The Committee is prepared to commit funds to the Crew 
Exploration Vehicle [CEV], but is concerned that the current 
plans for accelerating the schedule for the CEV could have a 
dramatic impact in the funding profile of the program. NASA is 
encouraged to find ways to mitigate the impacts of such a 
change in fiscal year 2006 funding for the CEV if this becomes 
necessary.
    As NASA begins to consider another manned vehicle program, 
it must not repeat the mistakes of the Space Station, where 
poor management and lack of independent oversight resulted in 
major cost overruns. At this early stage in the development of 
the CEV, it is essential that these mistakes not happen again.
    The Committee acknowledges the desire of NASA to attempt to 
replicate the efforts of the X-Prize in the proposed Centennial 
Challenges program. The Committee is concerned that NASA is 
asking for a lump sum of funds for the Centennial Challenges 
program and only then will NASA identify the challenges and 
assign prize levels for completion. In future budget 
justifications, NASA shall identify the challenges being 
proposed for prize funding, and the specific amounts to be 
awarded for each challenge. No funding is recommended for this 
program. The Committee notes that unexpended balances for this 
program remain from last year. These balances should be applied 
to the Centennial Challenges program for fiscal year 2006. 
Finally, the Committee reiterates that no funds shall be 
expended for this program until it is authorized.
    In accordance with the President's stated expectation of 
exploration furthering not only U.S. scientific leadership but 
also our security and economic interests, the Committee directs 
that the funding for the Research Partnership Centers and the 
University Research Engineering and Technology Institutes be 
funded at the same level in fiscal year 2006 as they were in 
fiscal year 2005. The Committee further directs NASA to 
provide, as a part of the fiscal year 2007 budget submission, a 
fully developed plan for developing and funding sustained 
viable university/industry partnerships in areas of technology 
that are critical to the success of the Exploration Vision.
    The Committee notes that future launch vehicles and 
spacecraft will require extensive use of advanced materials 
beyond anything currently in use. Further developments in 
fracture control/failure analysis, composites, structural 
design and testing, and advanced manufacturing are absolutely 
critical to the future missions of the exploration vision. 
Developing a fundamental understanding of the extended use of 
composites in the design of new vehicles and spacecraft will 
also be critical to the development of any new structural 
systems. Equally important to NASA's future usage of these 
materials will be the ability to utilize or develop inspection 
techniques which are consistent in detection capability with 
the requirements for variability reduction. For these purposes, 
the Committee provides an increase of $30,000,000 to the 
National Center for Advanced Manufacturing for research to 
extend the use of advanced components and materials in the 
design of new vehicles and spacecraft.
    The Committee notes that numerous components have been 
developed for use in the International Space Station [ISS] 
Environmental Control and Life Support System [ECLSS]. Although 
these components have performed admirably for short-duration 
subsystem tests, there is little long-range operational data 
available. It is important to know how long a subsystem is 
anticipated to perform or the problems that can be expected 
should subsystem components fail. Such information will be 
vital for future lunar habitation modules as part of the 
exploration vision. The Committee therefore recommends 
$10,000,000 for research and development for integrated 
radiation shielding protection, regenerative environmental 
control and life support systems, advanced life support air 
revitalization, and integrated vehicle health management 
through the ECLSS Life Test program office.
    Within the funds provided, the Committee recommends 
$20,000,000 for the Propulsion Research Laboratory to perform 
nuclear thermal propulsion systems development and for other 
advanced nuclear power propulsion research for application to 
the exploration vision through the Prometheus Nuclear Systems 
and Technology program.
    Finally, the Committee recognizes the National Remote 
Sensing and Space Law Center's role as a resource to multiple 
agencies, providing legal research and outreach on critical 
space and aviation law issues. The Committee recognizes a 
growing need for objective and timely space and aviation law 
support in areas that include deployment and operation of 
satellites, commercial infrastructure, data policies, 
intellectual property, privacy, liability, international law, 
use of imagery as legal evidence, environmental issues, and 
licensing. As public and private entities continue to expand 
their presence in space, this research will increase in 
importance. The Committee therefore directs the NASA to report 
to the Committee by March 1, 2006, on the need for continued 
and expanded research into these areas. This report should 
include guidance on the expansion of the National Remote 
Sensing and Space Law Center.

                        EXPLORATION CAPABILITIES

Appropriations, 2005....................................  $8,358,443,000
Budget estimate, 2006...................................   6,763,000,000
House allowance.........................................   6,712,900,000
Committee recommendation................................   6,603,000,000

    The Committee recommends an appropriation of 
$6,603,000,000. The recommendation is $1,755,443,000 below the 
fiscal year 2005 funding level and $160,000,000 below the 
President's request for these activities.
    NASA's Exploration Capabilities [EC] account provides 
funding for the Space Operations Mission Directorate. The Space 
Operations Mission Directorate includes International Space 
Station [ISS], Space Shuttle Program, and Space and Flight 
Support. The Committee notes that NASA has chosen to fund 
certain activities under Science, Aeronautics, and Exploration 
that were previously funded under this account. As a result, 
funding in the EC account has been significantly reduced.
    The EC appropriation includes both the direct and the 
indirect costs supporting the Space Operations Mission 
Directorate, and provides for all of the research; development; 
operations; salaries and related expenses; design, repair, 
rehabilitation, and modification of facilities and construction 
of new facilities; maintenance, and operation of facilities; 
and other general and administrative activities supporting the 
EC programs.
    There is no higher priority than improving the safety and 
reliability of the remaining Shuttle orbiters. The Shuttle 
remains the cornerstone of our Nation's heavy launch capability 
and is critical to the future of the ISS and scientific 
research. The future of the ISS, and other U.S. manned space 
flight missions for the rest of the decade are contingent upon 
having a working Shuttle fleet that is safe and reliable 
throughout the remaining years of the shuttle program. The 
Committee is concerned that as the Shuttle and the Shuttle 
infrastructure continue to age, further challenges in operating 
the fleet may arise.
    The Committee recommends $4,530,600,000 for the Shuttle. 
This is identical to the budget request. The funds provided 
within this account are dedicated solely to shuttle funding 
needs.
    The Committee reminds NASA that it must request a 
reprogramming, in writing, to move or alter the purpose of any 
funds related to the shuttle program, and that NASA must 
include the out-year impacts on all activities involved in such 
reprogramming.
    Finally, the Committee expects consultation by NASA on all 
proposed changes to investments in the Shuttle program. These 
consultations must occur before final decisions are made.
    The Committee notes that the ISS continues to operate at a 
reduced level with future construction not expected to begin 
until later this year, at the earliest. Despite the ability of 
international partners to fill the gap created by the grounding 
of the shuttle fleet, the capabilities of the ISS have been 
dramatically diminished.
    As construction of the ISS resumes, revised plans for the 
future of the ISS must also be set. If there is to be a 
redirection of the research to be conducted onboard the ISS, 
any revision shall be done in consultation with the ISS 
partners. These partners will be affected by such actions, and 
their participation to this point has been crucial. If NASA 
intends to have international partners for future space 
exploration, then NASA should be sure not to exclude its 
current partners in making decisions involving the research 
direction and construction schedule of the ISS.
    NASA is reminded that it must provide the Committee with a 
plan detailing the steps necessary to complete construction of 
the ISS. This plan may include completion of the ISS by only 
using the shuttle, or a combination of shuttle and unmanned 
flights for delivering components to the ISS. The cost 
implications associated with the revised schedule must be 
included in the report.
    The recommendation does not include the requested amount 
for crew and cargo services. The Committee notes that the total 
amount appropriated for fiscal year 2005, $98,000,000, has not 
been expended and will be carried over in its entirety into 
fiscal year 2006. This funding is sufficient for any initial 
activity that might be initiated for this activity in fiscal 
year 2006.

                      OFFICE OF INSPECTOR GENERAL

Appropriations, 2005....................................     $31,347,000
Budget estimate, 2006...................................      32,400,000
House allowance.........................................      32,400,000
Committee recommendation................................      32,400,000

    The Committee recommends an appropriation of $32,400,000. 
The recommendation is $1,053,000 above the fiscal year 2005 
funding level and identical to the budget request.
    The Office of Inspector General [IG] was established by the 
Inspector General Act of 1978. The Office is responsible for 
providing agencywide audits and investigative functions to 
identify and correct management and administrative deficiencies 
which create conditions for existing or potential instances of 
fraud, waste, and mismanagement.
    The Committee commends the NASA IG's diligence in 
addressing issues of fraud and abuse.
    The Committee also directs the NASA IG to continue its 
efforts to review NASA's contract procedures and conventions to 
determine if there are ways to reform the process and reduce 
the costs of NASA programs and activities. In particular, many 
NASA contract provisions require NASA to pay for significant 
cost overruns in cases of program delays. These costs are 
substantial and, in some cases, may be unwarranted or 
unnecessary. As a result, implementation of contract reform 
should be considered a priority as part of any overall 
restructuring at NASA.

                       ADMINISTRATIVE PROVISIONS

    The Committee recommendation includes a series of 
provisions, proposed by the administration, which are largely 
technical in nature, concerning the availability of funds. 
These provisions have been carried in prior-year appropriations 
acts.
    The Committee has removed the transfer authority that NASA 
was granted as an extraordinary measure in fiscal year 2005. At 
the time of enactment of the fiscal year 2005 Omnibus 
Appropriations Act (Public Law 108-447), NASA and the Committee 
were in the difficult position of having to prepare funding 
estimates for the Shuttle fleet for return to flight with very 
preliminary estimates of the costs involved. In order to assure 
proper funding levels for the Shuttle program, extraordinary 
flexibility for transfers was allowed by the Committee. Now 
that the Shuttle program has returned to regular funding 
patterns, the need for comprehensive transfer authority no 
longer exists. NASA shall abide by the guidelines provided in 
section 505 of this Act for future requests to reprogram funds.
    The Committee is concerned that NASA has not utilized 
independent cost verification early in the process of 
estimating costs for its programs and missions or in assessing 
the appropriate funding levels of sole-source contracts. By not 
using this tool, NASA cannot be certain that potential contract 
costs are accurately represented. In allocating resources for 
current and future needs, effective cost estimation is crucial. 
NASA is directed to incorporate independent cost verification 
as part of the process by which contracts are selected. These 
shall be used as a guide for assessing when costs have exceeded 
expectations and to help identify projects for termination.
    Finally, NASA shall notify the Committee 15 days prior to 
allocating funds, modifying, or extending existing contracts 
that are in excess of 15 percent of the original contract 
value. Within this notification, the contractor, with the 
concurrence of NASA, shall justify the additional expenditure 
of funds, and NASA shall identify the source of any additional 
funds. It is critical that NASA be able to control costs for 
its activities. The Committee will not look favorably upon the 
use of contractors that repeatedly have cost overruns unless 
these cost overruns have been justified.

                      National Science Foundation

Appropriations, 2005....................................  $5,472,824,000
Budget estimate, 2006...................................   5,605,000,000
House allowance.........................................   5,643,370,000
Committee recommendation................................   5,530,959,000

    The Committee recommends an appropriation of 
$5,530,959,000. The recommendation is $58,135,000 above the 
fiscal year 2005 funding level and $74,041,000 below the budget 
request.
    The National Science Foundation was established as an 
independent agency by the National Science Foundation Act of 
1950 (Public Law 81-507) and is authorized to support research 
and education programs that promote the progress of science and 
engineering in the United States. The Foundation supports 
research and education in all major scientific and engineering 
disciplines through grants, cooperative agreements, contracts, 
and other forms of assistance awarded to more than 2,000 
colleges and universities, nonprofit organizations, small 
businesses, and other organizations in all parts of the United 
States. The Foundation also supports unique, large-scale 
research facilities and international facilities.
    The Committee notes that productivity growth, powered by 
new knowledge and technological innovation, makes the economic 
benefits of a comprehensive, fundamental research and education 
enterprise abundantly clear. New products, processes, entire 
new industries, and the employment opportunities that result 
depend upon rapid advances in research and their equally rapid 
movement into the marketplace. In today's global economy, 
continued progress in science and engineering and the transfer 
of the knowledge developed is vital if the United States is to 
maintain its competitiveness. NSF is at the leading edge of the 
research and discoveries that will create the jobs and 
technologies of the future.
    The Committee reiterates its long-standing requirement that 
NSF request reprogrammings when initiating new programs or 
activities or reorganizing components. The Committee directs 
the Foundation to notify the chairman and ranking minority 
member prior to each reprogramming of funds in excess of 
$250,000 between programs, activities, or elements. The 
Committee expects to be notified of reprogramming actions which 
involve less than the above-mentioned amount if such actions 
would have the effect of changing the agency's funding 
requirements in future years, or if programs or projects 
specifically cited in the Committee's reports are affected.
    To the greatest extent possible, the funding provided to 
NSF for activities for fiscal year 2006 is not to exceed the 
requested level except where otherwise recommended by the 
Committee.

                    RESEARCH AND RELATED ACTIVITIES

Appropriations, 2005....................................  $4,220,556,000
Budget estimate, 2006...................................   4,333,500,000
House allowance.........................................   4,310,000,000
Committee recommendation................................   4,345,213,000

    The Committee recommends an appropriation of 
$4,345,213,000. The recommendation is $124,657,000 above the 
fiscal year 2005 funding level and $11,713,000 above the budget 
request.
    The Research and Related Activities appropriation addresses 
the Foundation's three strategic goals: people--developing a 
diverse, internationally competitive and globally-engaged 
workforce of scientists, engineers, and well-prepared citizens; 
ideas--enabling discovery across the frontiers of science and 
engineering, connected to learning, innovation, and service to 
society; and tools--providing broadly accessible, state-of-the-
art science and engineering facilities and shared research and 
education tools. Research activities will contribute to the 
achievement of these outcomes through expansion of the 
knowledge base; integration of research and education; 
stimulation of knowledge transfer among academia and public and 
private sectors; and international activities, and will bring 
the perspectives of many disciplines to bear on complex 
problems important to the Nation. The Foundation's discipline-
oriented Research and Related Activities Account include: 
Biological Sciences; Computer and Information Science and 
Engineering; Engineering; Geosciences; Mathematical and 
Physical Sciences; Social, Behavioral and Economic Sciences; 
U.S. Polar Research Programs; U.S. Antarctica Logistical 
Support Activities; and Integrative Activities.
    To improve planning and priority-setting for the Foundation 
and improve the Committee's efforts to understand NSF's long-
term budgeting needs, the Committee directs NSF to continue to 
provide multi-year budgets for all of its multi-disciplinary 
activities. The Committee is concerned that NSF has taken on 
more significant initiatives that often require multi-year 
funding to meet research goals. NSF shall continue to provide 
the Committee with documentation that identifies these types of 
initiatives. Accordingly, the Committee directs NSF to continue 
to include the funding requirements of all major multi-
disciplinary and mid-level activities in future budget 
requests.
    The Committee has provided the budget request of 
$386,930,000 for polar research activities. Within this amount, 
no more than the base funding in the budget submission, as well 
as an additional $48,000,000 for ice breaking, as requested by 
the administration, is provided for icebreaking activities. The 
Committee has included bill language clarifying that the 
Director of NSF shall procure polar ice breaking services from 
the Coast Guard. However, if the Coast Guard is unable to 
provide ice breaking services, NSF shall procure such services 
from alternative sources. The Committee expects the Director of 
NSF, the Commandant of the Coast Guard, the Director of the 
Office of Management and Budget, and the Director of the Office 
of Science and Technology Policy to work jointly to ensure that 
the Coast Guard ice breaking leet is capable of meeting NSF's 
future polar ice breaking needs.
    The Committee recommends $100,000,000 for the Plant Genome 
Research Program. The Committee remains a strong supporter of 
this important program due to its potential impact on improving 
economically significant crops. The Committee also recognizes 
its vast potential in combating hunger in poor countries. 
Accordingly, the Committee directs the NSF to accelerate 
funding for this program as authorized under Section 8(3)(c) of 
the National Science Foundation Authorization Act of 2002 
(Public Law 107-368).
    NSF has been the lead agency for the National 
Nanotechnology Initiative, and will continue to contribute to 
this emerging technology. The Committee recommends the full 
funding level requested for nanotechnology. This level of 
funding will allow the Foundation to continue to be the leader 
for this initiative. NSF is encouraged to make sure that public 
misconceptions of this field are minimized.
    The Committee is concerned that NSF continues to underfund 
operations for radio astronomy. The operations, maintenance, 
and development of new instrumentation at the Very Large Array, 
the Very Long Baseline Array, and the Green Bank Telescope 
allows these world-class facilities to provide valuable 
research into the origins of the universe. The Committee 
recommends $51,400,000 for the operations of the National Radio 
Astronomy Observatories.
    The Office of International Science and Engineering [OISE] 
has worked to ensure that U.S. researchers are involved with 
leading research across the globe. As research becomes more 
collaborative--with partnerships reaching across nations, the 
work of this office--identifying research opportunities around 
the globe--will grow. The Committee supports the fiscal year 
2006 funding request for OISE in order to keep U.S. research at 
the forefront of global science.
    The Committee notes that NSF is investing in a multi-year 
priority area of research in Human and Social Dynamics and 
recommends $39,450,000 for this purpose.

          MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

Appropriations, 2005....................................    $173,650,000
Budget estimate, 2006...................................     250,000,000
House allowance.........................................     193,350,000
Committee recommendation................................     193,350,000

    The Committee recommends an appropriation of $193,350,000. 
The recommendation is $19,700,000 above the fiscal year 2005 
funding level and $56,650,000 below the budget request.
    The major research equipment and facilities construction 
appropriation supports the acquisition, procurement, 
construction, and commissioning of unique national research 
platforms and facilities as well as major research equipment. 
Projects supported by this appropriation will push the 
boundaries of technology and offer significant expansion of 
opportunities, often in new directions, for the science and 
engineering community. Preliminary design and development 
activities, on-going operations, and maintenance costs of the 
facilities are provided through the research and related 
activities appropriation account.
    The Committee recommends $49,240,000 for the Atacama Large 
Millimeter Array [ALMA], $50,620,000 for EarthScope, 
$33,400,000 for the IceCube Neutrino Observatory, and 
$57,920,000 for the Scientific Ocean Drilling Vessel.
    The Committee has chosen not to fund the Rare Symmetry 
Violating Processes [RSVP] project. Recent developments have 
caused unacceptable increases in the program. NSF is directed 
to apply the $14,880,000 in remaining fiscal year 2005 funds to 
the projects funded in fiscal year 2006, which will bring total 
funding for projects in this account to $208,230,000. This will 
allow for full funding of the four projects receiving funds in 
fiscal year 2006 from the Major Research Equipment and 
Facilities Construction [MREFC] account.
    If the Foundation chooses to alter or descope the RSVP 
proposal which the National Science Board has already approved, 
the new project shall begin the process for inclusion as an 
MREFC project again at the directorate level within the 
Research and Related Activities account.

                     EDUCATION AND HUMAN RESOURCES

Appropriations, 2005....................................    $841,421,000
Budget estimate, 2006...................................     737,000,000
House allowance.........................................     807,000,000
Committee recommendation................................     747,000,000

    The Committee recommends an appropriation of $747,000,000. 
The recommendation is $94,421,000 below the fiscal year 2005 
funding level and $10,000,000 above the budget request.
    The education and human resources appropriation supports a 
comprehensive set of programs across all levels of education in 
science, technology, engineering and mathematics [STEM]. The 
appropriation supports activities that unite school districts 
with institutions of higher learning to improve precollege 
education. Other precollege activities include the development 
of the next generation of precollege STEM education leaders; 
instructional materials; and the STEM instructional workforce. 
Undergraduate activities support curriculum, laboratory, and 
instructional improvement; expand the STEM talent pool; attract 
STEM participants to teaching; augment advanced technological 
education at 2-year colleges; and develop dissemination tools. 
Graduate support is directed to research and teaching 
fellowships and traineeships and instructional workforce 
improvement by linking precollege systems with higher 
education. Programs also seek to broaden the participation of 
groups underrepresented in the STEM enterprise, build State and 
regional capacity to compete successfully for research funding, 
and promote informal science education. Ongoing evaluation 
efforts and research on learning strengthen the base for these 
programs.
    The Committee strongly encourages NSF to continue support 
for undergraduate science and engineering education. At a time 
when enrollment in STEM fields of study continues to decline, 
it is important that NSF use its position to support students 
working towards degrees in these areas.
    NSF plays a significant role in attracting more of the best 
and brightest students in the Nation into the science, 
mathematics, engineering, and technology fields. The Committee 
urges NSF to work towards increasing the number of women, 
minorities, and other underrepresented groups to the greatest 
extent possible.
    To address the importance of broadening science and 
technology participation to minorities, the Committee 
recommendation includes the amounts in the budget request for 
the Historically Black Colleges and Universities--Undergraduate 
Program [HBCU-UP], the Louis Stokes Alliance for Minority 
Participation program and the HBCU-Research University Science 
& Technology [THRUST] initiative within the Centers of Research 
Excellence in Science and Technology [CREST] program. The 
Committee also supports the budget request for the Tribal 
Colleges and Universities program. In past years, these 
programs had been routinely cut, however, NSF has chosen to 
keep funding these programs near prior year funding levels. The 
Committee is supportive of this decision and anticipates that 
further attempts to cut these programs will not occur.
    The Committee has included $100,000,000 for the 
Experimental Program to Stimulate Competitive Research 
[EPSCoR], of which at least $65,000,000 shall be used for the 
Research Infrastructure Improvement [RII] component supporting 
research areas aligned with statewide EPSCoR science and 
technology priorities.
    Finally, the Committee rejects the administration's 
continued request to have the Math and Science Partnership 
[MSP] program only exist at the Department of Education. 
Current activities initiated by MSP are only beginning to 
provide measurable results and have yet to be ready for 
implementation on a nationwide basis. The MSP program is an 
important asset in providing improved math and science 
education by partnering local school districts with faculty of 
colleges and universities. For this purpose an increase of 
$4,000,000 above the budget request is provided to the MSP 
program to be used to fund activities that are not being 
addressed by the companion program at the Department of 
Education.

                         SALARIES AND EXPENSES

Appropriations, 2005....................................    $223,200,000
Budget estimate, 2006...................................     269,000,000
House allowance.........................................     250,000,000
Committee recommendation................................     229,896,000

    The Committee recommends an appropriation of $229,896,000. 
The recommendation is $6,696,000 above the fiscal year 2005 
funding level and $39,104,000 below the budget request.
    The salaries and expenses appropriation provides funds for 
staff salaries, benefits, travel, training, rent, advisory and 
assistance services, communications and utilities expenses, 
supplies, equipment, and other operating expenses necessary for 
management of the National Science Foundation's [NSF] research 
and education activities.
    The Committee remains concerned about the Foundation's 
management and oversight of its large research facilities. The 
Committee is especially troubled by the lack of staffing 
resources provided to the Office of the Deputy Director of 
Large Facility Projects and, accordingly, the Committee directs 
the Foundation to provide the staffing support necessary for 
the Deputy Director of no fewer than three FTE's to perform 
this job effectively. The Committee directs the Foundation to 
detail in its fiscal year 2006 operating plan the steps taken 
to provide additional resources for this office.

                  OFFICE OF THE NATIONAL SCIENCE BOARD

Appropriations, 2005....................................      $3,968,000
Budget estimate, 2006...................................       4,000,000
House allowance.........................................       4,000,000
Committee recommendation................................       4,000,000

    The Committee recommends an appropriation of $4,000,000. 
The recommendation is $32,000 above the fiscal year 2005 
funding level and identical to the budget request.
    The National Science Board is the governing body of the 
National Science Foundation. The Board is composed of 24 
members, appointed by the President and confirmed by the 
Senate. The Board is also charged with serving as an 
independent adviser to the President and Congress on policy 
matters related to science and engineering research and 
education. By law, the Board establishes the policies of the 
National Science Foundation, provides oversight of its programs 
and activities, and approves of its strategic directions and 
budgets. The Board reviews and approves NSF awards at levels 
above its delegation of authority to the NSF Director.
    Given the increasing oversight responsibilities of the 
Board, driven by the growth of the Foundation, the Committee 
wants to ensure the Board continues to carryout effectively its 
policy-making and oversight responsibilities. The Committee is 
providing funding to support the operations, activities, 
training, expenses, and staffing of the Board.

                      OFFICE OF INSPECTOR GENERAL

Appropriations, 2005....................................     $10,029,000
Budget estimate, 2006...................................      11,500,000
House allowance.........................................      11,500,000
Committee recommendation................................      11,500,000

    The Committee recommends an appropriation of $11,500,000. 
The recommendation is $1,471,000 above the fiscal year 2005 
funding level and identical to the budget request.
    The Office of Inspector General appropriation provides 
audit and investigation functions to identify and correct 
deficiencies that could create potential instances of fraud, 
waste, or mismanagement.
    The funds provided will allow the OIG to further its 
efforts in several priority areas that pose the greatest risk 
to the agency: financial management, acquisition, information 
technology, human capital, award administration, awardee 
financial accountability and compliance, and the management of 
agency programs and projects.

                   EXECUTIVE OFFICE OF THE PRESIDENT


                Office of Science and Technology Policy

Appropriations, 2005....................................      $6,328,000
Budget estimate, 2006...................................       5,564,000
House allowance.........................................       5,564,000
Committee recommendation................................       5,564,000

    The Committee recommends an appropriation of $5,564,000. 
The recommendation is $764,000 below the fiscal year 2005 
funding level and identical to the budget request.
    The Office of Science and Technology Policy [OSTP] was 
created by the National Science and Technology Policy, 
Organization, and Priorities Act of 1976 (Public Law 94-282) 
and coordinates science and technology policy for the White 
House. OSTP provides authoritative scientific and technological 
information, analysis, and advice for the President, for the 
executive branch, and for Congress; participates in 
formulation, coordination, and implementation of national and 
international policies and programs that involve science and 
technology; maintains and promotes the health and vitality of 
the U.S. science and technology infrastructure; reviews and 
analyzes, with the Office of Management and Budget, the 
research and development budgets for all Federal agencies; and 
coordinates research and development efforts of the Federal 
Government to maximize the return on the public's investment in 
science and technology and to ensure Federal resources are used 
efficiently and appropriately.
    The President's Science Advisor should continue to play an 
integral role in advising the President on the appropriate 
balance among and between disciplines and agencies in the 
Federal R&D; portfolio. The Committee also expects the Science 
Advisor will conduct effective outreach to the science and 
engineering community and be an active and influential advisor 
to the President on important public policy issues grounded in 
science and technology.
    The Committee notes that the Government share for R&D; 
funding has declined substantially over the last 15 years. 
However, industry's dependence on public R&D; for innovation 
remains very high. Nearly three-quarters of U.S. industry 
patents cite publicly-funded science as the basis for the 
invention. The Committee is concerned that further reductions 
in public funding for science and engineering could result in a 
decrease in the private sector's capacity to innovate.
    The Committee is also concerned about the adequacy of this 
Nation's scientific and technical workforce, and the efforts 
needed to boost the participation of women and minorities in 
the science and engineering workforce. The Committee urges OSTP 
to work with the relevant agencies on the development of 
policies and in the allocation of resources to address these 
issues effectively.
    The Committee reiterates its long standing interest in 
improving coordination and cooperation among the various R&D; 
agencies under the auspices of OSTP and the National Science 
and Technology Council [NSTC]. In a time where there are scarce 
budgetary dollars available for federally-funded science, it is 
crucial that coordination of activities across agencies is 
maximized. It is the role of OSTP to identify such areas and to 
facilitate and bring about the cooperation of agencies to 
accomplish the science and technology developmental goals of 
the Nation.
    Recognizing the critical challenges and important 
opportunities in agricultural research in this new century, the 
Committee encourages OSTP to asses the merit-based, peer-
reviewed basic science to support food and agriculture research 
across all Federal agencies. The Committee further encourages 
OSTP to assess future opportunities and avenues for improving 
merit-based, peer-reviewed basic science to support food and 
agriculture research and to report their findings to the 
Committee.

                      GENERAL PROVISIONS--SCIENCE

    Section 301 concerns National Institute of Standards and 
Technology construction.
    Section 302 promotes fish products and research.
    Section 303 concerns a transfer of funds.

                       TITLE IV--RELATED AGENCIES

                       Commission on Civil Rights

                         SALARIES AND EXPENSES

Appropriations, 2005....................................      $8,975,000
Budget estimate, 2006...................................       9,096,000
House allowance.........................................       9,096,000
Committee recommendation................................       9,000,000

    The Committee recommends an appropriation of $9,000,000 for 
the salaries and expenses of the Commission on Civil Rights. 
The recommendation is $25,000 above the fiscal year 2005 
funding level and $96,000 below the budget request.
    The Committee expresses grave concern over the Commission's 
insolvency and documented financial mismanagement. In order to 
meet its fiscal responsibilities, the Commission must continue 
to focus on enacting significant reform. In this regard, the 
Committee notes the Commission's unanimous adoption in April 
2005, of all policy recommendations contained in the Government 
Accountability Office's reports of 2005, 2004, 2003, and 1995 
as well as the Office of Personnel Management's report of 1997. 
These recommendations are slated to be fully implemented by 
mid-January, 2006. The Committee directs the Commission to 
produce two written reports, due no later than September 30, 
2005, and January 31, 2006, outlining in detail the 
implementation of these recommendations. Additionally, the 
Committee reminds the Commission to adhere to the policy 
concerning the reprogramming of funds, outlined in section 505 
of this Act.

                Equal Employment Opportunity Commission


                         SALARIES AND EXPENSES

Appropriations, 2005....................................    $326,803,000
Budget estimate, 2006...................................     331,228,000
House allowance.........................................     331,228,000
Committee recommendation................................     331,228,000

    The Committee recommends an appropriation of $331,228,000. 
The recommendation is $4,425,000 above the fiscal year 2005 
funding level and identical to the budget request.
    The Committee remains concerned over the pending Equal 
Opportunity Employment Commission [EEOC] repositioning plan and 
its impact on the Commission's ability to perform its 
investigations and enforcement duties. The Committee includes 
bill language that prohibits implementation of any workforce 
repositioning, restructuring, or reorganization until the 
Committee has been notified of the proposal, in accordance with 
section 505 of this Act.
    The Committee further directs that the repositioning plan 
not result in a reduction in salary for any EEOC employee or in 
a reduction in the number of officers or employees serving as 
mediators, investigators, or attorneys at any Commission office 
except in the case of voluntary reassignment or voluntary 
separation.
    The Commission is directed to submit to the Committee, 
prior to implementation of any repositioning, restructuring, or 
reorganization plan, a comprehensive analysis of current 
investigations and enforcement levels and the full impact of 
the repositioning plan on all core services. The analysis 
should be conducted for each district, field, area, and local 
office. The Committee understands that the EEOC plans to 
solicit public comment on the proposed plan and expects that 
this process be thorough and continue until all interested 
parties have an opportunity to have their comments heard. The 
Committee also expects the Commission to take into 
consideration those public comments prior to any vote of the 
Commissioners on implementation of any repositioning, 
restructuring, or reorganization plan.

                   Federal Communications Commission


                         SALARIES AND EXPENSES

Appropriations, 2005....................................    $281,085,000
Budget estimate, 2006...................................     304,057,000
House allowance.........................................     289,771,000
Committee recommendation................................     297,370,000

    The Committee recommends a total of $297,370,000 for the 
salaries and expenses of the Federal Communications Commission 
[FCC], of which $296,370,000 is to be derived from the 
collection of fees. The recommendation is $16,285,000 above the 
fiscal year 2005 funding level and $6,687,000 below the budget 
request. The recommendation does not transfer more of the cost 
of supporting the FCC to the General Fund as proposed by the 
budget request.
    The FCC is an independent regulatory agency exercising 
authority delegated to it by Congress under the Communications 
Act of 1934 as amended by the Telecommunications Act of 1996 
(Public Law 104-104). The primary mission of the FCC is to 
promote competition, innovation, and deregulation in the 
communications industry. The FCC is charged with regulating 
interstate and international communications by radio, 
television, wire, satellite, and cable. The mandate of the FCC 
under the Communications Act is to make available to all people 
of the United States a rapid, efficient, nationwide, and 
worldwide wire and radio communication service. The FCC 
performs four major functions to fulfill this charge: spectrum 
allocation, creating rules to promote fair competition and 
protect consumers where required by market conditions, 
authorization of service, and enforcement.
    The recommendation includes funding increases that will 
greatly enhance the FCC's ability to achieve its core 
objectives. The recommendation includes increases over the 
fiscal year 2005 appropriation for the following activities: 
increases in wages and operating costs, $5,622,000; a licensing 
integration initiative, $1,350,000; and field facilities 
improvements, $9,300,000. The recommendation maintains the 
limitation of $85,000,000 in auction proceeds that may be used 
for competitive bidding programs.
    The recommendation also includes language allowing the FCC 
to use Universal Service Fund [USF] funds to provide for the 
oversight of the USF program, as proposed in the FCC's fiscal 
year 2005 budget request.
    Broadcast Television Standards.--The Committee continues to 
be concerned about the declining standards of broadcast 
television and the impact this decline is having on America's 
children. Overall sexual content, foul language, and violence 
have tripled over the past decade. The Committee directs the 
FCC to continue to report to Congress on the issues associated 
with resurrecting a broadcast industry code of conduct for 
content of programming that, if adhered to by the broadcast 
industry, would protect against the further erosion of 
broadcasting standards.

                        Federal Trade Commission


                         SALARIES AND EXPENSES

Appropriations, 2005....................................    $204,327,000
Budget estimate, 2006...................................     211,000,000
House allowance.........................................     211,000,000
Committee recommendation................................     211,000,000

    The Committee recommends an appropriation of $211,000,000. 
The recommendation is $6,673,000 above the fiscal year 2005 
funding level and identical to 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.
    Of the amounts provided, $116,000,000 is from Hart-Scott-
Rodino pre-merger filing fees and $23,000,000 is from Do-Not-
Call fees. The total amount of direct appropriations for this 
account is therefore $72,000,000. This represents a decrease of 
$9,426,000 below the fiscal year 2005 direct appropriation. The 
Committee notes that this change reflects an increase in 
offsetting fee collection receipts since last year.
    Child Protection.--The FTC in September 2000, released a 
report entitled: ``Marketing Violent Entertainment to Children: 
A Review of Self-Regulation and Industry Practices in the 
Motion Picture, Music Recording & Electronic Game Industries''. 
The report was very critical of the entertainment industry and 
its persistent and calculated marketing of violent games, 
movies, and music to children. In response to this report, the 
entertainment industry has promised to impose tougher 
regulations on itself and to voluntarily comply with the 
report's recommendations. The FTC should continue with and 
expand upon its efforts in this area. The Committee directs the 
Commission to continue to engage in consumer research and 
workshops, underage shopper-retail compliance surveys, and 
marketing data collection.
    Internet.--The FTC is charged with monitoring compliance 
with the Children's Online Privacy Protection Act (Public Law 
105-277). The recommendation provides the Commission the 
funding resources it needs to meet the challenges of increased 
fraud on the Internet. The Committee commends the FTC for 
recognizing the unique and difficult challenge posed by the 
Internet, an international phenomenon that lacks borders, to 
the safety of our children.
    Childhood Obesity.--The Committee is concerned about the 
growing rate of childhood and adolescent obesity and the food 
industry's marketing practices for these populations. The 
Committee directs the FTC to submit a report to the Committee 
by July 1, 2006, on marketing activities and expenditures of 
the food industry targeted toward children and adolescents. The 
report should include an analysis of commercial advertising 
time on television, radio, and in print media; in-store 
marketing; direct payments for preferential shelf placement; 
events; promotions on packaging; all Internet activities; and 
product placements in television shows, movies, and video 
games.
    Do-Not-Call Initiative.--The recommendation includes 
$23,000,000 for the FTC Do-Not-Call initiative and 
implementation of the Telemarketing Sales Rule [TSR], of which 
the entire amount is to be derived from the collection of fees. 
The Do-Not-Call initiative was launched pursuant to the FTC's 
amended TSR to establish a national database of telephone 
numbers of consumers who choose not to receive telephone 
solicitations from telemarketers. The Do-Not-Call initiative 
has received broad support from, and will provide significant 
benefits to, consumers from all corners of the United States. 
The recommendation represents an increase of $1,099,000 above 
the fiscal year 2005 funding level.

                       Legal Services Corporation


               PAYMENT TO THE LEGAL SERVICES CORPORATION

Appropriations, 2005....................................    $330,803,000
Budget estimate, 2006...................................     318,250,000
House allowance.........................................     330,803,000
Committee recommendation................................     324,527,000

    The Committee recommends an appropriation of $324,527,000. 
The recommendation is $6,276,000 below the fiscal year 2005 
funding level and $6,277,000 above the budget request. The 
Committee recommendation assumes the requested offsets of 
$400,000.
    The Committee recommendation includes $306,568,000 for 
basic field programs, to be used for competitively-awarded 
grants and contracts, $12,588,000 for management and 
administration, $1,232,000 for client self-help and information 
technology, $2,764,000 for the Office of the Inspector General, 
and $1,775,000 for grants to offset losses due to census 
adjustments.

                       ADMINISTRATIVE PROVISIONS

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

                        Marine Mammal Commission


                         SALARIES AND EXPENSES

Appropriations, 2005....................................      $1,865,000
Budget estimate, 2006...................................       1,925,000
House allowance.........................................       1,865,000
Committee recommendation................................       2,000,000

    The Committee recommends an appropriation of $2,000,000. 
The recommendation is $135,000 above the fiscal year 2005 
funding level and $75,000 above the budget request.

          National Veterans' Business Development Corporation

Appropriations, 2005....................................      $1,973,000
Budget estimate, 2006...................................................
House allowance.........................................................
Committee recommendation................................       2,000,000

    The Committee recommends an appropriation of $2,000,000. 
The recommendation is $27,000 above the fiscal year 2005 
funding level and $2,000,000 above the budget request.

                   Securities and Exchange Commission


                         SALARIES AND EXPENSES

Appropriations, 2005....................................    $901,567,000
Budget estimate, 2006...................................     888,117,000
House allowance.........................................     888,117,000
Committee recommendation................................     888,117,000

    The Committee recommends a total budget (obligational) 
authority of $888,117,000 for the salaries and expenses of the 
United States Securities and Exchange Commission [SEC], of 
which the entire amount is to be derived from the collection of 
fees. The recommendation is $13,450,000 below the fiscal year 
2005 funding level and identical to the budget request.
    The mission of the SEC is to administer and enforce Federal 
securities laws in order to protect investors and to maintain 
fair, honest, and efficient markets. This includes ensuring 
full disclosure of financial information, regulating the 
Nation's securities markets, and preventing and policing fraud 
and malpractice in the securities and financial markets. The 
strength of the American economy and our Nation's financial 
markets is dependent upon investors' confidence in the 
financial disclosures and statements released by publicly-
traded companies. The Committee directs the SEC to continue to 
provide quarterly reports to the Committees on Appropriations 
on the measures it is taking to restore the public's confidence 
in the financial markets.
    Staffing.--The Committee supports the continued hiring of 
the approximately 840 new staff recommended by the Sarbanes-
Oxley Act of 2002 (Public Law 107-204) and approved by the 
Committee in fiscal year 2003. The Committee notes the 
continued competition for talent from the private sector faced 
by the SEC. Pay parity is intended to bring the salaries of 
Securities and Exchange Commission employees in line with those 
of other Federal financial regulatory agencies. Pay parity is 
intended to help the SEC recruit and retain highly qualified 
staff. The Commission's ability to hire and retain the 
necessary number of qualified staff persons is critical to its 
success in restoring confidence in U.S. financial markets.

                     Small Business Administration

Appropriations, 2005....................................    $571,774,000
Supplemental appropriations, 2005.......................     929,000,000
Budget estimate, 2006...................................     592,994,000
House allowance.........................................     589,605,000
Committee recommendation................................     621,572,000

    The Committee recommends an appropriation of $621,572,000, 
for the Small Business Administration [SBA]. The recommendation 
is $49,798,000 above the fiscal year 2005 funding level, 
excluding emergency appropriations, and $28,578,000 above the 
budget request. Funding is distributed among the SBA 
appropriation accounts as described below.

                         SALARIES AND EXPENSES

Appropriations, 2005....................................    $318,029,000
Budget estimate, 2006...................................     307,159,000
House allowance.........................................     318,029,000
Committee recommendation................................     336,084,000

    The Committee recommends an appropriation of $336,084,000. 
The recommendation is $18,055,000 above the fiscal year 2005 
funding level and $28,925,000 above the budget request. Within 
the amount provided, full funding is recommended for the 8(a) 
program, the 7(j) program, and the Office of Women's Business 
Ownership.
    Also, within the amounts made available under this heading, 
the Committee recommends grants for the following organizations 
and programs:
  --Adelante Development Center, Inc., NM;
  --Advanced and Applied Polymer Processing Institute;
  --Alaska Small Business Development Center;
  --Arrowhead Center at New Mexico State University;
  --Big Sky Institute;
  --City of Fayette, AL, for an industrial park;
  --City of Richland Revitalization Project;
  --Columbus College of Art and Design for the Creative 
        Services Development Technology Upgrade;
  --Cook Farm Resource Center;
  --Corona-Elmhurst Center for Economic Development, NY;
  --Entrepreneurial Venture Assistance Demo Project;
  --Fort McClellan Joint Powers Authority for the development 
        of Old Fort McClellan;
  --Genesis of Innovation organization;
  --Great Lakes Business Growth and Development Center at 
        Lorain County Community College;
  --Greenville Waterfront Industrial Enhancement Project;
  --Houston Community College Multi-Cultural Business Center;
  --Idaho Virtual Incubator at Lewis-Clark State College;
  --Industrial Outreach Service at Mississippi State 
        University;
  --Institute for Technology and Business Development, 
        Connecticut State University;
  --International Business Conference at Montana State 
        University-Billings;
  --Investnet/Technology Venture Center partnership for Alaska 
        and Montana;
  --Knoxville College Small Business Incubator Program;
  --LeFleur Lakes Flood Control/Pearl River Watershed project;
  --Memphis Bioworks Foundation;
  --Mid-Delta Empowerment Zone ``Supersite'' Industrial Park;
  --Mississippi Film Enterprise Zone;
  --Mississippi Technology Alliance Economic Development Plan;
  --Mitchell Memorial Library for the digitization of special 
        collections;
  --Montana State Department of Commerce for an infrastructure 
        enhancement initiative;
  --Montana Technology and Innovation Partnership;
  --Myrtle Beach International Trade & Convention Center;
  --Nanotechnology Economic Development Program at the 
        University of Arkansas at Little Rock;
  --Nevada Center for Entrepreneurship and Technology;
  --New Mexico Community Development Loan Fund/WESSTCorp. 
        Cooperative;
  --New Product Development and Commercialization Center for 
        Rural Manufacturers;
  --New Ventures Center;
  --Oak Ridge National Laboratory for the Southeastern fiber 
        optic project;
  --Pro-Tech Program at the College of Southern Idaho;
  --Research & Technology Park, University of Arkansas, 
        Fayetteville, AR;
  --Rocky Mountain Global Trade Partnership;
  --Sephardic Angel Fund, NYC;
  --Small Business Development Centers in Mississippi;
  --South Carolina International Center for Automotive Research 
        Park Innovation Center;
  --Technology Venture Center, MT;
  --TEDCO-Maryland Minority R&D; Initiative;
  --Thayer School of Engineering for a research and development 
        program;
  --Third Frontier Network's Economic Development Project;
  --Toxin Alert Development Project at the University of 
        Southern Mississippi;
  --Translational Research Action Boards for a network 
        development program;
  --Tuck School of Business/MBDA Partnership;
  --University of Vermont Small Enterprise Research Initiative;
  --Vermont Center for Emerging Technologies;
  --Vermont Employee Ownership Center; and the
  --Women's Entrepreneurship Initiative at the Mississippi 
        University for Women.

                NON-CREDIT BUSINESS ASSISTANCE PROGRAMS

    The Committee recommends an appropriation of $134,000,000 
for the SBA non-credit business assistance programs. The 
recommendation is $26,500,000 above the budget request.
    The Committee recommendations, by program are displayed in 
the following table:

                 NON-CREDIT BUSINESS ASSISTANCE PROGRAMS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                            Committee
                                                         recommendation
------------------------------------------------------------------------
Small Business Development Centers....................            89,000
Drug-free Workplace Grants............................             1,000
SCORE.................................................             5,000
Women's Business Centers..............................            12,000
Women's Council.......................................               750
7(j) Technical Assistance.............................             1,500
Microloan Technical Assistance........................            15,000
Veteran's Business Development Assistance.............               750
Native American Outreach..............................             2,000
PRIME Technical Assistance............................             5,000
HUBZones..............................................             2,000
                                                       -----------------
      Total, Non-credit Business Assistance Program...           134,000
------------------------------------------------------------------------

    The recommendation includes $1,500,000 for the Small 
Disadvantaged Business Program, which is funded through 
reimbursements from interagency collections.
    The Committee continues to support the Small Business 
Development Center Program.
    The Committee remains concerned about the indicators used 
by SBA to evaluate economic distress in making determinations 
of eligibility for assistance under the HUBZone program. The 
Committee understands that the current indicators SBA uses may 
exclude certain economically distressed rural areas, 
particularly those suffering from high out-migration of people 
and job loss. The SBA is directed to provide a report, no later 
than November 1, 2005, to the Committees on Appropriations on 
the impact of the current indicators on the eligibility of such 
communities. This report should contain a recommendation as to 
whether these indicators should be changed and also whether the 
HUBZone rural designation's median household income requirement 
should be changed.
    The recommendation includes language providing for the 
continuation of the Women's Business Centers sustainability 
centers and language providing that such centers shall receive 
48 percent of the total funding provided for Women's Business 
Centers.

                      OFFICE OF INSPECTOR GENERAL

Appropriations, 2005....................................     $12,840,000
Budget estimate, 2006...................................      14,500,000
House allowance.........................................      13,500,000
Committee recommendation................................      14,500,000

    The Committee recommends an appropriation of $14,500,000 
for the Office of Inspector General. The recommendation is 
$1,660,000 above the fiscal year 2005 funding level and 
identical to the budget request.
    The recommendation contains language making $1,500,000 
available to the Office of Inspector General from funding for 
the Disaster Loans Program Account. This increase is necessary 
due to the high volume of disaster loan applications in the 
wake of last year's three major successive hurricanes.

                 SURETY BOND GUARANTEES REVOLVING FUND

Appropriations, 2005....................................      $2,861,000
Budget Estimate, 2006...................................       3,000,000
House allowance.........................................       2,861,000
Committee recommendation................................       3,000,000

    The Committee recommends an appropriation of $3,000,000. 
The recommendation is $139,000 above the fiscal year 2005 
funding level and identical to the budget request.

                     BUSINESS LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

Appropriations, 2005....................................    $126,396,000
Budget estimate, 2006...................................     129,000,000
House allowance.........................................     125,961,000
Committee recommendation................................     128,653,000

    The Committee recommends an appropriation of $128,653,000. 
The recommendation is $2,257,000 above the fiscal year 2005 
funding level and $347,000 below the budget request.
    Of the amount provided, $126,653,000 is for administrative 
expenses, which may be transferred to and merged with SBA 
salaries and expenses, to cover the common overhead expenses 
associated with the business loans programs.
    The recommendation includes $2,000,000 for the Microloan 
Direct program.

                     DISASTER LOANS PROGRAM ACCOUNT

Appropriations, 2005....................................    $111,648,000
Supplemental appropriations, 2005.......................     929,000,000
Budget estimate, 2006...................................     139,335,000
House allowance.........................................     129,254,000
Committee recommendation................................     139,335,000

    The Committee recommends an appropriation of $139,335,000. 
The recommendation is $27,687,000 above the fiscal year 2005 
funding level, not including emergency supplemental 
appropriations, and identical to the budget request.
    Within the amount provided, $83,335,000 is for direct loan 
subsidies. The SBA has requested a significant increase for 
direct loan subsidies in fiscal year 2006. This increase is due 
to the fact that SBA has adopted a new disaster loan model 
which more accurately captures the actual program cost. As a 
result, the baseline subsidy rate for the disaster program has 
increased. As always, the SBA is urged to seek out emergency 
funding in the event of a disaster requiring loan assistance.
    Also within the amount provided, $56,000,000 is for 
administrative expenses.

                       ADMINISTRATIVE PROVISIONS

    The recommendation continues language concerning transfer 
authority and availability of funds.

                        State Justice Institute


                         SALARIES AND EXPENSES

Appropriations, 2005....................................      $2,578,000
Budget estimate, 2006...................................................
House allowance.........................................       2,000,000
Committee recommendation................................       5,000,000

    The Committee recommends an appropriation of $5,000,000. 
The recommendation is $2,422,000 above the fiscal year 2005 
funding level and $5,000,000 above the budget request.
    The Institute was created in 1984 to further the 
development and adoption of improved judicial administration in 
State courts.

                      TITLE V--GENERAL PROVISIONS

    The Committee recommends the following general provisions 
for the departments and agencies funded in the accompanying 
bill.
    Section 501 requires agencies to provide quarterly reports 
regarding unobligated balances.
    Section 502 prohibits any appropriation contained in the 
Act from remaining available for obligation beyond the current 
year unless expressly provided.
    Section 503 provides that the expenditure of any 
appropriation contained in the Act for any consulting service 
through procurement contracts shall be limited to those 
contracts where such expenditures are a matter of public record 
and available for public inspection except where otherwise 
provided under existing law or under existing executive order 
issued pursuant to existing law.
    Section 504 provides for severability should a provision of 
this Act be found to be unconstitutional.
    Section 505(a) stipulates Committee policy concerning the 
reprogramming of funds. Section 505(a) prohibits the 
reprogramming of funds which: (1) creates new programs; (2) 
eliminates a program, project, or activity; (3) increases funds 
or personnel by any means for any project or activity for which 
funds have been denied or restricted; (4) relocates offices or 
employees; (5) reorganizes offices, programs, or activities; or 
(6) contracts out or privatizes any function or activity 
presently performed by Federal employees unless the 
Appropriations Committees of the House and Senate are notified 
15 days in advance.
    Section 505(b) prohibits a reprogramming of funds in excess 
of $1,000,000 or 10 percent, whichever is less, that: (1) 
augments existing programs, projects, or activities; (2) 
reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as 
approved by Congress; or (3) results from any general savings 
due to a reduction in personnel which would result in a change 
in existing programs, activities, or projects as approved by 
Congress unless the Appropriations Committees of the House and 
Senate are notified 15 days in advance.
    The recommendation increases the reprogramming threshold to 
$1,000,000 in recognition of inflation.
    Section 506 prohibits construction, repair, overhaul, 
conversion, or modernization of National Oceanic and 
Atmospheric Administration ships outside of the United States.
    Section 507 provides for a penalty for persons found to 
have falsely mislabeled products.
    Section 508 prohibits the use of funds to implement a 
certain Memorandum of Agreement between the Federal Trade 
Commission and the Antitrust Division of the Department of 
Justice.
    Section 509 waives a funding limitation.
    Section 510 requires agencies and departments funded in 
this Act to absorb any necessary costs related to downsizing or 
consolidation within the amounts provided to the agency or 
department.
    Section 511 provides funding for Public Safety Officers 
under the Local Law Enforcement Block Grant program.
    Section 512 limits the availability of funds for tobacco 
promotion.
    Section 513 delays obligation of some receipts deposited 
into the Crime Victims Fund.
    Section 514 provides for the expenditure of funds in 
accordance with this statement.
    Section 515 prohibits a user fee from being charged for 
background checks conducted pursuant to the Brady Handgun 
Control Act of 1993 (Public Law 103-159) and prohibits 
implementation of a background check system that does not 
require and result in the immediate destruction of certain 
information.
    Section 516 prohibits the Small Business Administration 
from selling certain disaster loans.
    Section 517 limits transfers of funds between agencies.
    Section 518 directs the Secretary of Commerce to have lead 
responsibility for negotiating treaties concerning fisheries, 
marine mammals, or sea turtles.
    Section 519 requires that any funds proposed to be used by 
agencies funded under this Act to implement certain initiatives 
shall be subject to section 505 of this Act.
    Section 520 prohibits the Federal Communications Commission 
from changing rules governing the Universal Service Fund.
    Section 521 requires the Bureau of Alcohol, Tobacco, 
Firearms and Explosives to include specific language in any 
release of tracing study data that makes clear that trace data 
cannot be used to draw broad conclusions about firearms-related 
crime.

                         TITLE VI--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration

                         COUNTERTERRORISM FUND

                              (RESCISSION)

    The recommendation includes a rescission of $11,000,000 
from unobligated balances in this account. Any funding that 
would be necessary for this purpose should be provided through 
emergency supplemental appropriations.

                            Legal Activities

                         ASSETS FORFEITURE FUND

                              (RESCISSION)

    The recommendation includes a rescission of $82,000,000 
from unobligated balances in this account.

                    Federal Bureau of Investigation

                         SALARIES AND EXPENSES

                              (RESCISSION)

    The recommendation includes a rescission of $120,000,000 
from unobligated balances in this account. Of this amount, 
$30,000,000 shall be from funding allocated by the Federal 
Bureau of Investigation [FBI] for tours of the J. Edgar Hoover 
FBI building. Since September 11, 2001, the FBI has closed all 
tours of its headquarters building. Yet the FBI has continued 
to include funding for these tours as part of its base budget. 
In the 2004 appropriations Act, the Committee directed the FBI 
to submit a report on reinventing these tours. This report has 
yet to be submitted and the Committee is unaware of any plans 
the FBI may have to submit such report or resume these tours. 
In addition, $73,502,000 of the $90,000,000 set aside shall be 
from funding for the FBI's computer modernization program, 
Sentinel, which is discussed in detail under a separate 
account.

  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 Committee recommends funding for the following programs 
or activities that currently lack an authorization for fiscal 
year 2006, either in whole or in part, and therefore fall under 
this rule:
    Department of Justice:
    General Administration:
  --Justice Information Sharing Technology;
  --Narrowband Communications/Integrated Wireless Network;
  --Administrative Review and Appeals;
  --Detention Trustee;
  --Office of Inspector General;
  --U.S. Parole Commission;
  --General Legal Activities;
  --Vaccine Injury Compensation Trust Fund;
  --Antitrust Division;
  --U.S. Attorneys;
  --Foreign Claims Settlement Commission;
  --U.S. Marshals Service;
  --Fees and Expenses of Witnesses;
  --Community Relations Service;
  --Assets Forfeiture Fund;
  --Interagency Crime and Drug Enforcement;
  --Federal Bureau of Investigation--Salaries and Expenses;
  --Federal Bureau of Investigation--Construction;
  --Drug Enforcement Administration;
  --Bureau of Alcohol, Tobacco, Firearms and Explosives; and
  --Federal Prison System.
    Violence Against Women Prevention and Prosecution Programs:
  --STOP Formula Program;
  --Encouraging Arrest Policies;
  --Rural Domestic Violence;
  --Training Programs for Probation and Pretrial Services;
  --Stalking Database;
  --Safe Havens;
  --Education and Training for Disabled Female Victims;
  --Civil Legal Assistance;
  --Violence on College Campuses;
  --Training Programs for Disabled Women;
  --Court Appointed Special Advocates;
  --Training for Judicial Personnel; and
  --Grants for Televised Testimony.
    Office of Justice Programs:
    Justice Assistance:
  --Management and Administration;
  --National Institute of Justice;
  --Bureau of Justice Statistics;
  --Regional Information Sharing System; and
  --White Collar Crime Center.
    State and Local Law Enforcement:
  --Byrne Memorial Justice Assistance Grants;
  --Byrne Discretionary Grants;
  --Boys and Girls Clubs;
  --State Criminal Alien Assistance Program;
  --Southwest Border Prosecutors;
  --Victims of Trafficking;
  --Drug Courts;
  --State Prison Drug Treatment Program;
  --Intelligence State and Local Training;
  --Prescription Drug Monitoring; and
  --Weed and Seed.
    Community Oriented Policing:
  --Tribal Law Enforcement;
  --Methamphetamine Hot Spots;
  --Law Enforcement Interoperability and Technologies;
  --Bullet Proof Vests Programs;
  --Anti-gang Initiative; and
  --Offender Reentry.
    Juvenile Justice:
  --Juvenile Mentoring;
  --Tribal Youth;
  --Alcohol Prevention;
  --Gang Prevention;
  --Juvenile Accountability Block Grant;
  --Victims of Child Abuse Act;
  --Secure our Schools Act; and
  --Project Childsafe.
    Department of Commerce, Related Agencies:
  --Office of the United States Trade Representative; and
  --International Trade Commission.
    Department of Commerce:
  --International Trade Administration;
  --Bureau of Industry and Security;
  --National Telecommunications and Information Administration;
  --Public Telecommunications Facilities, Planning and 
        Construction;
  --National Institute of Standards and Technology; and
  --National Oceanic and Atmospheric Administration.
    Science:
  --National Aeronautics and Space Administration; and
  --National Science Foundation.
    Related Agencies:
  --United States Commission on Civil Rights;
  --Federal Communications Commission;
  --Federal Trade Commission;
  --Legal Services Corporation;
  --Marine Mammal Commission; and
  --Securities and Exchange Commission.

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

    Pursuant to paragraph 7(c) of rule XXVI, on June 23, 2005, 
the Committee ordered reported, en bloc, H.R. 2744, making 
appropriations for Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies for the fiscal year 
ending September 30, 2006, and for other purposes, with an 
amendment in the nature of a substitute, H.R. 2862, making 
appropriations for the Departments of Commerce and Justice, 
Science, and related agencies for the fiscal year ending 
September 30, 2006, and for other purposes, with an amendment 
in the nature of a substitute and an amendment to the title; 
and the substance of H.R. 2985, making appropriations for the 
Legislative Branch for the fiscal year ending September 30, 
2006, and for other purposes, with amendments, each subject to 
further amendment and subject to the budget allocations, by a 
recorded vote of 28-0, a quorum being present. The vote was as 
follows:
        Yeas                          Nays
Chairman Cochran
Mr. Stevens
Mr. Specter
Mr. Domenici
Mr. Bond
Mr. McConnell
Mr. Burns
Mr. Shelby
Mr. Gregg
Mr. Bennett
Mr. Craig
Mrs. Hutchison
Mr. DeWine
Mr. Brownback
Mr. Allard
Mr. Byrd
Mr. Inouye
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Reid
Mr. Kohl
Mrs. Murray
Mr. Dorgan
Mrs. Feinstein
Mr. Durbin
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. deg.

TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *



PART III--EMPLOYEES

           *       *       *       *       *       *       *



Subpart B--Employment and Retention

           *       *       *       *       *       *       *



CHAPTER 31--AUTHORITY FOR EMPLOYMENT

           *       *       *       *       *       *       *



     SUBCHAPTER III--THE FEDERAL BUREAU OF INVESTIGATION AND DRUG 
ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE

           *       *       *       *       *       *       *



Sec. 3151. The Federal Bureau of Investigation and Drug Enforcement 
                    Administration Senior Executive Service

    (a) * * *

           *       *       *       *       *       *       *

    (b)[(1)] Except as provided in subsection (a), the Attorney 
General may--
            [(A)] (1) make applicable to the FBI-DEA Senior 
        Executive Service any of the provisions of this title 
        applicable to applicants for or members of the Senior 
        Executive Service; and
            [(B)] (2) appoint, promote, and assign individuals 
        to positions established within the FBI-DEA Senior 
        Executive Service without regard to the provisions of 
        this title governing appointments and other personnel 
        actions in the competitive service.
    [(2)(A) Notwithstanding any other provision of this 
section, an individual may not be selected for the FBI-DEA 
Senior Executive Service unless such individual is a career 
employee in the civil service.
    [(B) For the purpose of subparagraph (A), ``career employee 
in the civil service'' shall have such meaning as the Attorney 
General, in consultation with the Director of the Office of 
Personnel Management, by regulation prescribes.]

           *       *       *       *       *       *       *


TITLE 15--COMMERCE AND TRADE

           *       *       *       *       *       *       *



CHAPTER 45--EMERGENCY LOAN GUARANTEES TO BUSINESS ENTERPRISES

           *       *       *       *       *       *       *



                                  NOTE

                              ``CHAPTER 1

    ``Sec. 101. Emergency Steel Loan Guarantee Program. (a) 
Short Title.--This chapter may be cited as the `Emergency Steel 
Loan Guarantee Act of 1999'.

           *       *       *       *       *       *       *

    ``(k) Termination of Guarantee Authority.--The authority of 
the Board to make commitments to guarantee any loan under this 
section shall terminate on December 31, [2005] 2007.

           *       *       *       *       *       *       *


  COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2005 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
                                                                        YEAR 2006
                                                                [In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Senate Committee recommendation compared  with (+
                                                                                                                             or ^)
               Item                      2005       Budget estimate  House allowance     Committee    --------------------------------------------------
                                    appropriation                                      recommendation        2005
                                                                                                        appropriation   Budget estimate  House allowance
--------------------------------------------------------------------------------------------------------------------------------------------------------

  TITLE I--DEPARTMENT OF JUSTICE

      General Administration

Salaries and expenses............         122,443          161,407           87,406          125,936           +3,493          -35,471          +38,530
    Office of Intelligence and     ...............  ...............          37,050   ...............  ...............  ...............         -37,050
     Policy Review...............
                                  ----------------------------------------------------------------------------------------------------------------------
      Subtotal...................         122,443          161,407          124,456          125,936           +3,493          -35,471           +1,480

Joint automated booking system...          19,915   ...............  ...............  ...............         -19,915   ...............  ...............
Automated Biometric                         4,987   ...............  ...............  ...............          -4,987   ...............  ...............
 Identification System-Integrated
 Identification system
 integration.....................
Justice information sharing        ...............         181,490          135,000          135,000         +135,000          -46,490   ...............
 technology......................
Legal activities office                    39,969   ...............  ...............  ...............         -39,969   ...............  ...............
 automation......................
Narrowband communications........          98,664          128,701           70,874           90,000           -8,664          -38,701          +19,126
Administrative review and appeals         201,241          216,286          215,685          216,286          +15,045   ...............            +601
Detention trustee................         874,160        1,222,000        1,222,000        1,222,000         +347,840   ...............  ...............
    Emergency appropriations              184,000   ...............  ...............  ...............        -184,000   ...............  ...............
     (Public Law 109-13).........
Office of Inspector General......          62,960           67,431           66,801           70,431           +7,471           +3,000           +3,630
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, General                    1,608,339        1,977,315        1,834,816        1,859,653         +251,314         -117,662          +24,837
       administration............
                                  ======================================================================================================================

 United States Parole Commission

Salaries and expenses............          10,496           11,300           11,200           11,000             +504             -300             -200

         Legal Activities

General legal activities: Direct          625,722          679,661          665,821          648,245          +22,523          -31,416          -17,576
 appropriation
Vaccine injury compensation trust           6,249            6,333            6,333            6,333              +84   ...............  ...............
 fund (permanent)................
Antitrust Division...............         138,259          144,451          144,451          144,451           +6,192   ...............  ...............
    Offsetting fee collections--         -101,000         -116,000         -116,000         -116,000          -15,000   ...............  ...............
     current year................
                                  ----------------------------------------------------------------------------------------------------------------------
      Direct appropriation.......          37,259           28,451           28,451           28,451           -8,808   ...............  ...............

     United States Attorneys

Salaries and expenses............       1,526,849        1,626,146        1,626,146        1,572,654          +45,805          -53,492          -53,492
United States Trustee System Fund         173,602          222,577          214,402          214,402          +40,800           -8,175   ...............
    Offsetting fee collections...        -168,602         -180,402         -209,402         -209,402          -40,800          -29,000   ...............
    Interest on U.S. securities..          -5,000           -5,000           -5,000           -5,000   ...............  ...............  ...............
                                  ----------------------------------------------------------------------------------------------------------------------
      Direct appropriation.......  ...............          37,175   ...............  ...............  ...............         -37,175   ...............

Foreign Claims Settlement                   1,203            1,270            1,220            1,270              +67   ...............             +50
 Commission......................

  United States Marshals Service
Salaries and expenses (non-CSE)..         741,941          790,255          800,255          764,199          +22,258          -26,056          -36,056
    Emergency appropriations               11,935   ...............  ...............  ...............         -11,935   ...............  ...............
     (Public Law 109-13).........
Construction.....................           5,657   ...............  ...............          12,000           +6,343          +12,000          +12,000
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, United States                759,533          790,255          800,255          776,199          +16,666          -14,056          -24,056
       Marshals Service..........

Fees and expenses of witnesses...         177,585          168,000          168,000          168,000           -9,585   ...............  ...............
Community Relations Service......           9,535            9,759            9,659            9,659             +124             -100   ...............
Assets forfeiture fund...........          21,469           21,468           21,468           21,468               -1   ...............  ...............
    Emergency appropriations              -40,000   ...............  ...............  ...............         +40,000   ...............  ...............
     (Public Law 109-13).........
Payment to radiation exposure              27,429   ...............  ...............  ...............         -27,429   ...............  ...............
 compensation trust fund.........
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Legal activities....       3,152,833        3,368,518        3,327,353        3,232,279          +79,446         -136,239          -95,074
                                  ======================================================================================================================

   Interagency Law Enforcement

Interagency crime and drug                553,539          661,940          506,940          440,197         -113,342         -221,743          -66,743
 enforcement.....................

 Federal Bureau of Investigation

Salaries and expenses............       4,132,090        4,091,132        3,452,235        3,695,513         -436,577         -395,619         +243,278
    Emergency appropriations               73,991   ...............  ...............  ...............         -73,991   ...............  ...............
     (Public Law 109-13).........
Counterintelligence and national        1,003,416        1,600,000        2,288,897        1,600,000         +596,584   ...............        -688,897
 security........................
                                  ----------------------------------------------------------------------------------------------------------------------
      Direct appropriation.......       5,209,497        5,691,132        5,741,132        5,295,513          +86,016         -395,619         -445,619

Construction.....................          10,106           10,105           20,105           25,213          +15,107          +15,108           +5,108
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Federal Bureau of          5,219,603        5,701,237        5,761,237        5,320,726         +101,123         -380,511         -440,511
       Investigation.............
                                  ======================================================================================================================
 Drug Enforcement Administration

Salaries and expenses............       1,785,398        1,892,722        1,917,846        1,850,815          +65,417          -41,907          -67,031
    Emergency appropriations                7,648   ...............  ...............  ...............          -7,648   ...............  ...............
     (Public Law 109-13).........
    Diversion control fund.......        -154,216         -198,566         -201,673         -201,673          -47,457           -3,107   ...............
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Drug Enforcement           1,638,830        1,694,156        1,716,173        1,649,142          +10,312          -45,014          -67,031
       Administration............
                                  ======================================================================================================================
  Bureau of Alcohol, Tobacco and
             Firearms

Salaries and expenses............         878,465          803,613          923,613          923,700          +45,235         +120,087              +87
    Emergency appropriations                4,000   ...............  ...............  ...............          -4,000   ...............  ...............
     (Public Law 109-13).........
    Legislative proposal.........  ...............         120,000   ...............  ...............  ...............        -120,000   ...............
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Bureau of Alcohol,           882,465          923,613          923,613          923,700          +41,235              +87              +87
       Tobacco and Firearms......

      Federal Prison System

Salaries and expenses............       4,565,884        4,895,649        4,895,649        4,889,649         +323,765           -6,000           -6,000
    Emergency appropriations                5,500   ...............  ...............  ...............          -5,500   ...............  ...............
     (Public Law 108-324)........
Buildings and facilities.........         186,475          170,112           70,112          222,112          +35,637          +52,000         +152,000
    Rescission...................  ...............        -314,000   ...............  ...............  ...............        +314,000   ...............
    Emergency appropriations               18,600   ...............  ...............  ...............         -18,600   ...............  ...............
     (Public Law 108-324)........
Federal Prison Industries,                  3,366            3,365            3,365            3,365               -1   ...............  ...............
 Incorporated (limitation on
 administrative  expenses).......
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Federal Prison             4,779,825        4,755,126        4,969,126        5,115,126         +335,301         +360,000         +146,000
       System....................
                                  ======================================================================================================================
Violence against women office....         382,103          362,997          389,497          362,997          -19,106   ...............         -26,500

    Office of Justice Programs

Justice assistance...............         224,856        1,234,977          227,466          221,000           -3,856       -1,013,977           -6,466
    Rescission...................  ...............         -95,500   ...............  ...............  ...............         +95,500   ...............
    Public safety officers         ...............          64,000   ...............  ...............  ...............         -64,000   ...............
     benefits, death benefits....
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Justice assistance..         224,856        1,203,477          227,466          221,000           -3,856         -982,477           -6,466

State and local law enforcement
 assistance:
    Justice assistance grants....         625,531   ...............         366,414          625,000             -531         +625,000         +258,586
        Boys and Girls clubs              (83,865)  ...............         (85,000)        (-85,000)       (-168,865)        (-85,000)       (-170,000)
         (earmark)...............
        National Institute of              (9,866)  ...............         (10,000)        (-10,000)        (-19,866)        (-10,000)        (-20,000)
         Justice (earmark).......
        USA FREEDOM corps                  (2,467)  ...............  ...............  ...............         (-2,467)  ...............  ...............
         (earmark)...............
    Indian assistance............          17,760   ...............  ...............          15,000           -2,760          +15,000          +15,000
        Tribal prison                      (4,933)  ...............  ...............  ...............         (-4,933)  ...............  ...............
         construction............
        Indian tribal courts               (7,893)  ...............  ...............  ...............         (-7,893)  ...............  ...............
         program.................
        Indian grants............          (4,933)  ...............  ...............  ...............         (-4,933)  ...............  ...............
    State criminal alien                  300,926   ...............         405,000          170,000         -130,926         +170,000         -235,000
     assistance program..........
    Southwest border prosecutors.          29,599   ...............          30,000           30,000             +401          +30,000   ...............
    Byrne grants (discretionary).         167,756   ...............         110,000          177,000           +9,244         +177,000          +67,000
    Drug courts..................          39,466   ...............          40,000           25,000          -14,466          +25,000          -15,000
    Other crime control programs.           5,903   ...............             871            1,850           -4,053           +1,850             +979
    Assistance for victims of               9,866   ...............          10,000            2,000           -7,866           +2,000           -8,000
     trafficking.................
    Prescription drug monitoring.           9,866   ...............          10,000   ...............          -9,866   ...............         -10,000
    Prison rape prevention.......          36,506   ...............          40,000            1,500          -35,006           +1,500          -38,500
    State prison drug treatment..          24,666   ...............          25,000           15,000           -9,666          +15,000          -10,000
    Intelligence sharing.........          10,359   ...............          10,359            6,000           -4,359           +6,000           -4,359
    Cannabis eradication.........  ...............  ...............          11,600   ...............  ...............  ...............         -11,600
    Capital litigation...........  ...............  ...............          10,000            1,000           +1,000           +1,000           -9,000
    Crime victims rights.........  ...............  ...............  ...............           4,000           +4,000           +4,000           +4,000
    Terrorism/intelligence         ...............  ...............  ...............           5,000           +5,000           +5,000           +5,000
     training....................
    Associated outlays...........  ...............  ...............  ...............  ...............  ...............  ...............  ...............
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, State and local law        1,278,204   ...............       1,069,244        1,078,350         -199,854       +1,078,350           +9,106
       enforcement...............
Weed and seed program fund.......          61,172   ...............          50,000           50,280          -10,892          +50,280             +280

Community oriented policing
 services:
    Hiring.......................           9,866   ...............  ...............           2,000           -7,866           +2,000           +2,000
    Training and technical                 14,800            7,000   ...............          14,000             -800           +7,000          +14,000
     assistance..................
    Bullet proof vests...........          24,666   ...............          30,000           27,000           +2,334          +27,000           -3,000
    Tribal law enforcement.......          19,733           51,600           38,000           20,000             +267          -31,600          -18,000
    Meth hot spots...............          51,854           20,000           94,000           60,100           +8,246          +40,100          -33,900
    Police corps.................          14,800   ...............  ...............          10,000           -4,800          +10,000          +10,000
    COPS technology..............         136,763   ...............         120,000          137,000             +237         +137,000          +17,000
    Interoperable communications.          98,664   ...............  ...............          37,500          -61,164          +37,500          +37,500
    Criminal records upgrade.....          24,666   ...............          27,500           20,000           -4,666          +20,000           -7,500
    DNA backlog/crime lab........         108,531   ...............         177,057           89,500          -19,031          +89,500          -87,557
    Paul Coverdell forensics               14,800   ...............  ...............          22,000           +7,200          +22,000          +22,000
     science.....................
    Crime identification                   28,070   ...............  ...............          30,000           +1,930          +30,000          +30,000
     technology..................
    Offender reentry.............           9,866   ...............          10,000            3,000           -6,866           +3,000           -7,000
    Safe schools initiative......           4,268   ...............  ...............           5,000             +732           +5,000           +5,000
    Police integrity grants......           7,400           10,000   ...............           7,500             +100           -2,500           +7,500
    Reduce gang violence.........  ...............  ...............          60,000   ...............  ...............  ...............         -60,000
    Management and administration          29,599           29,181   ...............          30,487             +888           +1,306          +30,487
    Undesigned...................  ...............  ...............          10,000   ...............  ...............  ...............         -10,000
    Rescission...................  ...............        -115,000   ...............  ...............  ...............        +115,000   ...............
    Associated outlays...........  ...............  ...............  ...............  ...............  ...............  ...............  ...............
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Community oriented           598,346            2,781          566,557          515,087          -83,259         +512,306          -51,470
       policing services.........

Juvenile justice programs........         379,045   ...............         333,712          350,000          -29,045         +350,000          +16,288

Public safety officers benefits:
    Death benefits...............          63,054   ...............          64,000           64,000             +946          +64,000   ...............
    Disability and education                6,324   ...............           8,948            8,948           +2,624           +8,948   ...............
     benefits....................
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Public safety                 69,378   ...............          72,948           72,948           +3,570          +72,948   ...............
       officers benefits program.
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Office of Justice          2,611,001        1,206,258        2,319,927        2,287,665         -323,336       +1,081,407          -32,262
       Programs..................
                                  ======================================================================================================================
United States Attorneys (Sec.              14,800   ...............  ...............  ...............         -14,800   ...............  ...............
 107)............................
Assets forfeiture fund (sec. 109)  ...............         -62,000   ...............  ...............  ...............         +62,000   ...............
 (rescission)....................
                                  ======================================================================================================================
      Total, title I, Department       20,853,834       20,600,460       21,759,882       21,202,485         +348,651         +602,025         -557,397
       of Justice................
          Appropriations.........     (20,588,160)     (21,186,960)     (21,759,882)     (21,202,485)       (+614,325)        (+15,525)       (-557,397)
          Rescissions............  ...............       (-586,500)  ...............  ...............  ...............       (+586,500)  ...............
          Emergency                      (265,674)  ...............  ...............  ...............       (-265,674)  ...............  ...............
           appropriations........

 TITLE II--DEPARTMENT OF COMMERCE
       AND RELATED AGENCIES

     TRADE AND INFRASTRUCTURE
           DEVELOPMENT

         RELATED AGENCIES

Office of the United States Trade
          Representative

Salaries and expenses............          40,997           38,779           44,779           40,997   ...............          +2,218           -3,782

  National Intellectual Property
   Law Enforcement Coordinating
             Council

Salaries and expenses............           1,973   ...............  ...............  ...............          -1,973   ...............  ...............

  International Trade Commission

Salaries and expenses............          60,876           65,278           62,752           62,752           +1,876           -2,526   ...............
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Related agencies....         103,846          104,057          107,531          103,749              -97             -308           -3,782
                                  ======================================================================================================================
      DEPARTMENT OF COMMERCE

       International Trade
          Administration

Operations and administration....         396,257          408,925          406,925          409,625          +13,368             +700           +2,700
    Offsetting fee collections...          -8,000          -13,000          -13,000           -8,000   ...............          +5,000           +5,000
                                  ----------------------------------------------------------------------------------------------------------------------
      Direct appropriation.......         388,257          395,925          393,925          401,625          +13,368           +5,700           +7,700

 Bureau of Industry and Security

Operations and administration....          60,376           77,000           62,233           77,000          +16,624   ...............         +14,767
    CWC enforcement..............           7,104   ...............          14,767   ...............          -7,104   ...............         -14,767
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Bureau of Industry            67,480           77,000           77,000           77,000           +9,520   ...............  ...............
       and Security..............

       Economic Development
          Administration

Economic development assistance           253,985   ...............         200,985          283,985          +30,000         +283,985          +83,000
 programs........................
Salaries and expenses............          30,075           26,584           26,584           30,939             +864           +4,355           +4,355
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Economic Development         284,060           26,584          227,569          314,924          +30,864         +288,340          +87,355
       Administration............

  Economic Development Challenge

Strengthening America's            ...............       3,710,000   ...............  ...............  ...............      -3,710,000   ...............
 Communities grant program
 (legislative proposal)..........

  Minority Business Development
              Agency

Minority business development....          29,500           30,727           30,024           30,727           +1,227   ...............            +703
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Trade and                    873,143        4,344,293          836,049          928,025          +54,882       -3,416,268          +91,976
       Infrastructure Development
                                  ======================================================================================================================
     ECONOMIC AND INFORMATION
          INFRASTRUCTURE

Economic and Statistical Analysis

Salaries and expenses............          78,931           85,277           80,304           81,283           +2,352           -3,994             +979

       Bureau of the Census

Salaries and expenses............         196,110          220,029          198,029          183,029          -13,081          -37,000          -15,000
Periodic censuses and programs...         548,688          657,356          614,208          544,356           -4,332         -113,000          -69,852
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Bureau of the Census         744,798          877,385          812,237          727,385          -17,413         -150,000          -84,852

 National Telecommunications and
    Information Administration

Salaries and expenses............          17,200           21,450           17,716           20,255           +3,055           -1,195           +2,539
Public telecommunications                  21,478            2,000            2,000           22,000             +522          +20,000          +20,000
 facilities, planning and
 construction....................
Information Infrastructure grants  ...............  ...............  ...............          15,000          +15,000          +15,000          +15,000
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, National                      38,678           23,450           19,716           57,255          +18,577          +33,805          +37,539
       Telecommunications and
       Information Administration

     United States Patent and
         Trademark Office

Current year fee funding.........       1,336,000        1,703,300        1,703,300        1,703,300         +367,300   ...............  ...............
Spending from new fees (proposed          208,754   ...............  ...............  ...............        -208,754   ...............  ...............
 legislation)....................
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Patent and Trademark       1,544,754        1,703,300        1,703,300        1,703,300         +158,546   ...............  ...............
       Office....................

      Offsetting fee collections.      -1,336,000       -1,703,300       -1,703,300       -1,703,300         -367,300   ...............  ...............
                                  ======================================================================================================================
      Total, Economic and               1,071,161          986,112          912,257          865,923         -205,238         -120,189          -46,334
       Information Infrastructure
                                  ======================================================================================================================
     Departmental Management

Salaries and expenses............          47,466           53,532           47,466           49,605           +2,139           -3,927           +2,139
Travel and tourism...............           9,866   ...............  ...............  ...............          -9,866   ...............  ...............
Office of Inspector General......          21,371           22,758           22,758           22,758           +1,387   ...............  ...............
HCHB renovation and modernization  ...............          30,000   ...............  ...............  ...............         -30,000   ...............
Steel Loan authorization (Sec.     ...............  ...............  ...............  ...............  ...............  ...............  ...............
 204)............................
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Departmental                  78,703          106,290           70,224           72,363           -6,340          -33,927           +2,139
       management................
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Department of              1,919,161        5,332,638        1,710,999        1,762,562         -156,599       -3,570,076          +51,563
       Commerce, Non-Science.....
                                  ======================================================================================================================
      Total, title II, Department       2,023,007        5,436,695        1,818,530        1,866,311         -156,696       -3,570,384          +47,781
       of Commerce, Non-Science,
       and related agencies......
          Appropriations.........      (2,023,007)      (5,436,695)      (1,818,530)      (1,866,311)       (-156,696)     (-3,570,384)        (+47,781)
          (By transfer)..........  ...............  ...............  ...............  ...............  ...............  ...............  ...............
          (Transfer out).........  ...............  ...............  ...............  ...............  ...............  ...............  ...............
                                  ======================================================================================================================
      Total, Department of              6,653,859        9,554,079        5,752,734        7,186,811         +532,952       -2,367,268       +1,434,077
       Commerce & Related
       Agencies..................
                                  ======================================================================================================================
        TITLE III--SCIENCE

      DEPARTMENT OF COMMERCE

   Office of Technology Policy

Salaries and expenses............           6,460            4,200            6,460   ...............          -6,460           -4,200           -6,460

 National Institute of Standards
          and Technology

Scientific and technical research         378,764          426,267          397,744          399,869          +21,105          -26,398           +2,125
 and services....................
    (Transfer out)...............  ...............         (-9,000)         (-1,000)          (3,000)         (+3,000)        (+12,000)         (+4,000)
Industrial technology services...         247,943           46,800          106,000          246,000           -1,943         +199,200         +140,000
Construction of research                   72,518           58,898           45,000          198,631         +126,113         +139,733         +153,631
 facilities......................
Working capital fund (by           ...............          (9,000)          (1,000)          (3,000)         (+3,000)         (-6,000)         (+2,000)
 transfer).......................
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, National Institute           699,225          531,965          548,744          844,500         +145,275         +312,535         +295,756
       of Standards and
       Technology................

 National Oceanic and Atmospheric
          Administration

Operations, research, and               2,766,612        2,528,168        2,394,000        3,199,983         +433,371         +671,815         +805,983
 facilities......................
    (By transfer from Promote and         (65,000)         (77,000)         (77,000)         (62,000)         (-3,000)        (-15,000)        (-15,000)
     Develop Fund)...............
    By transfer from Coastal zone           2,960            3,000            3,000            3,000              +40   ...............  ...............
     management..................
    Emergency appropriations               16,900   ...............  ...............  ...............         -16,900   ...............  ...............
     (Public Law 108-324)........
    Emergency appropriations                7,070   ...............  ...............  ...............          -7,070   ...............  ...............
     (Public Law 109-13).........
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Operations,                2,793,542        2,531,168        2,397,000        3,202,983         +409,441         +671,815         +805,983
       research, and facilities..

Procurement, acquisition and            1,039,365          965,051          936,000        1,195,017         +155,652         +229,966         +259,017
 construction....................
    Emergency appropriations               10,170   ...............  ...............  ...............         -10,170   ...............  ...............
     (Public Law 109-13).........
    Emergency appropriations                3,800   ...............  ...............  ...............          -3,800   ...............  ...............
     (Public Law 108-324)........
Pacific coastal salmon recovery..          88,798           90,000           50,000           90,000           +1,202   ...............         +40,000
Coastal zone management fund.....          -3,000           -3,000           -3,000           -3,000   ...............  ...............  ...............
Fishermen's contingency fund.....             492   ...............  ...............  ...............            -492   ...............  ...............
Fisheries finance program account          -8,000           -2,000           -1,000           -9,000           -1,000           -7,000           -8,000
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, National Oceanic and       3,925,167        3,581,219        3,379,000        4,476,000         +550,833         +894,781       +1,097,000
       Atmospheric Administration
                                  ======================================================================================================================
      Total, Science and                4,630,852        4,117,384        3,934,204        5,320,500         +689,648       +1,203,116       +1,386,296
       Technology, Department of
       Commerce..................
                                  ======================================================================================================================
  National Aeronautics and Space
          Administration

Science, aeronautics and                7,680,610        9,661,000        9,725,750        9,761,000       +2,080,390         +100,000          +35,250
 exploration.....................
    Emergency appropriations              126,000   ...............  ...............  ...............        -126,000   ...............  ...............
     (Public Law 108-324)........
Exploration capabilities.........       8,358,443        6,763,000        6,712,900        6,603,000       -1,755,443         -160,000         -109,900
Office of Inspector General......          31,347           32,400           32,400           32,400           +1,053   ...............  ...............
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, NASA................      16,196,400       16,456,400       16,471,050       16,396,400         +200,000          -60,000          -74,650

   National Science Foundation

Research and related activities         4,153,100        4,265,980        4,310,000        4,277,693         +124,593          +11,713          -32,307
 (non-defense)...................
    Defense function.............          67,456           67,520           67,520           67,520              +64   ...............  ...............
Major research equipment and              173,650          250,000          193,350          193,350          +19,700          -56,650   ...............
 facilities construction.........
Education and human resources....         841,421          737,000          807,000          747,000          -94,421          +10,000          -60,000
Salaries and expenses............         223,200          269,000          250,000          229,896           +6,696          -39,104          -20,104
National Science Board...........           3,968            4,000            4,000            4,000              +32   ...............  ...............
Office of Inspector General......          10,029           11,500           11,500           11,500           +1,471   ...............  ...............
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, National Science           5,472,824        5,605,000        5,643,370        5,530,959          +58,135          -74,041         -112,411
       Foundation................

Executive Office of the President

Office of Science and Technology            6,328            5,564            5,564            5,564             -764   ...............  ...............
 Policy..........................

        General Provisions

Florida grouper (sec. 218).......             345   ...............  ...............  ...............            -345   ...............  ...............
                                  ======================================================================================================================
      Total, title III, Science..      26,306,749       26,184,348       26,054,188       27,253,423         +946,674       +1,069,075       +1,199,235
          Appropriations.........     (26,160,049)     (26,184,348)     (26,054,188)     (27,253,423)     (+1,093,374)     (+1,069,075)     (+1,199,235)
          Emergency                      (146,700)  ...............  ...............  ...............       (-146,700)  ...............  ...............
           appropriations........
                                  ======================================================================================================================
    TITLE IV--RELATED AGENCIES

     Antitrust Modernization
            Commission

Salaries and expenses............           1,172            1,620            1,172   ...............          -1,172           -1,620           -1,172

    Commission on Civil Rights

Salaries and expenses............           8,975            9,096            9,096            9,000              +25              -96              -96

   Equal Employment Opportunity
            Commission

Salaries and expenses............         326,803          331,228          331,228          331,228           +4,425   ...............  ...............

Federal Communications Commission

Salaries and expenses............         281,085          304,057          289,771          297,370          +16,285           -6,687           +7,599
    Offsetting fee collections--         -280,098         -299,234         -288,771         -296,370          -16,272           +2,864           -7,599
     current year................
                                  ----------------------------------------------------------------------------------------------------------------------
      Direct appropriation.......             987            4,823            1,000            1,000              +13           -3,823   ...............

     Federal Trade Commission

Salaries and expenses............         204,327          211,000          211,000          211,000           +6,673   ...............  ...............
    Offsetting fee collections--         -101,000         -116,000         -116,000         -116,000          -15,000   ...............  ...............
     current year................
    Offsetting fee collections,           -21,901          -23,000          -23,000          -23,000           -1,099   ...............  ...............
     telephone database..........
                                  ----------------------------------------------------------------------------------------------------------------------
      Direct appropriation.......          81,426           72,000           72,000           72,000           -9,426   ...............  ...............

    Legal Services Corporation

Payment to the Legal Services             330,803          318,250          330,803          324,527           -6,276           +6,277           -6,276
 Corporation.....................

     Marine Mammal Commission

Salaries and expenses............           1,865            1,925            1,865            2,000             +135              +75             +135

    National Veterans Business
     Development Corporation

National Veterans Business                  1,973   ...............  ...............           2,000              +27           +2,000           +2,000
 Development Corporation.........

     Securities and Exchange
            Commission

Salaries and expenses............         901,567          888,117          888,117          888,117          -13,450   ...............  ...............
Prior year unobligated balances..         -57,000          -25,000          -25,000          -25,000          +32,000   ...............  ...............
                                  ----------------------------------------------------------------------------------------------------------------------
      Direct appropriation.......         844,567          863,117          863,117          863,117          +18,550   ...............  ...............

  Small Business Administration

Salaries and expenses............         318,029          307,159          304,588          336,084          +18,055          +28,925          +31,496
Office of Inspector General......          12,840           14,500           13,500           14,500           +1,660   ...............          +1,000
Surety bond guarantees revolving            2,861            3,000            2,861            3,000             +139   ...............            +139
 fund............................

Business Loans Program Account:
    Direct loans subsidy.........           1,435   ...............           1,000            2,000             +565           +2,000           +1,000
    Administrative expenses......         124,961          129,000          204,093          126,653           +1,692           -2,347          -77,440
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Business loans               126,396          129,000          205,093          128,653           +2,257             -347          -76,440
       program account...........

Disaster Loans Program Account:
    Direct loans subsidy.........  ...............          83,335           79,538           83,335          +83,335   ...............          +3,797
        Emergency appropriations          501,000   ...............  ...............  ...............        -501,000   ...............  ...............
         (Public Law 108-324)....
    Administrative expenses......         111,648           56,000           49,716           56,000          -55,648   ...............          +6,284
        Emergency appropriations          428,000   ...............  ...............  ...............        -428,000   ...............  ...............
         (Public Law 108-324)....
Universal Service Fund, OIG......  ...............  ...............  ...............  ...............  ...............  ...............  ...............
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Disaster loans             1,040,648          139,335          129,254          139,335         -901,313   ...............         +10,081
       program account...........
                                  ----------------------------------------------------------------------------------------------------------------------
      Total, Small Business             1,500,774          592,994          655,296          621,572         -879,202          +28,578          -33,724
       Administration............

     State Justice Institute

Salaries and expenses............           2,578   ...............           2,000            5,000           +2,422           +5,000           +3,000
                                  ======================================================================================================================
      Total, title IV, Related          3,101,923        2,195,053        2,267,577        2,231,444         -870,479          +36,391          -36,133
       agencies..................
          Appropriations.........      (2,172,923)      (2,195,053)      (2,267,577)      (2,231,444)        (+58,521)        (+36,391)        (-36,133)
          Emergency                      (929,000)  ...............  ...............  ...............       (-929,000)  ...............  ...............
           appropriations........
                                  ======================================================================================================================
      TITLE VI--RESCISSIONS

      DEPARTMENT OF JUSTICE

      General Administration

Working capital fund (rescission)         -60,000   ...............  ...............  ...............         +60,000   ...............  ...............
Counterterrorism fund              ...............  ...............  ...............         -11,000          -11,000          -11,000          -11,000
 (rescission)....................
                                  ----------------------------------------------------------------------------------------------------------------------
      Subtotal, General                   -60,000   ...............  ...............         -11,000          +49,000          -11,000          -11,000
       Administration............

         Legal Activities

Assets forfeiture fund                    -61,800   ...............         -62,000          -82,000          -20,200          -82,000          -20,000
 (rescission)....................

 Federal Bureau of Investigation

Tour (rescission)................  ...............  ...............  ...............         -30,000          -30,000          -30,000          -30,000
Trilogy (rescission).............  ...............  ...............  ...............         -73,502          -73,502          -73,502          -73,502

    Office of Justice Programs

Justice assistance (rescission)..          -1,619   ...............  ...............  ...............          +1,619   ...............  ...............
State & local law enforcement             -29,380   ...............         -38,500   ...............         +29,380   ...............         +38,500
 assistance (rescission).........
Community oriented policing               -99,000   ...............         -86,500   ...............         +99,000   ...............         +86,500
 services (rescission)...........
Juvenile justice programs                  -3,500   ...............  ...............  ...............          +3,500   ...............  ...............
 (rescission)....................

      DEPARTMENT OF COMMERCE

 National Institute of Standards
          and Technology

Industrial technology services             -3,900   ...............  ...............  ...............          +3,900   ...............  ...............
 (rescission)....................

     Departmental Management

Emergency steel guaranteed loan    ...............         -50,168          -35,000   ...............  ...............         +50,168          +35,000
 program account (rescission)....

         RELATED AGENCIES

Federal Communications Commission

Salaries and expenses                     -12,000   ...............  ...............  ...............         +12,000   ...............  ...............
 (rescission)....................

        GENERAL PROVISIONS

Across-the-board cut (.54          ...............  ...............  ...............  ...............  ...............  ...............  ...............
 percent) (rescission) (sec. 640)
                                  ======================================================================================================================
      Total, title VI,                   -271,199          -50,168         -222,000         -196,502          +74,697         -146,334          +25,498
       Rescissions...............
                                  ======================================================================================================================
      Grand total:
          New budget                   52,014,314       54,366,388       51,678,177       52,357,161         +342,847       -2,009,227         +678,984
           (obligational)
           authority.............
              Appropriations.....     (50,944,139)     (55,003,056)     (51,900,177)     (52,553,663)     (+1,609,524)     (-2,449,393)       (+653,486)
              Emergency                (1,341,374)  ...............  ...............  ...............     (-1,341,374)  ...............  ...............
               appropriations....
              Rescissions........       (-271,199)       (-636,668)       (-222,000)       (-196,502)        (+74,697)       (+440,166)        (+25,498)
          (Transfer out).........  ...............         (-9,000)         (-1,000)          (3,000)         (+3,000)        (+12,000)         (+4,000)
          (By transfer)..........         (65,000)         (86,000)         (78,000)         (65,000)  ...............        (-21,000)        (-13,000)
--------------------------------------------------------------------------------------------------------------------------------------------------------