[House Document 108-125]
[From the U.S. Government Publishing Office]
108th Congress, 1st Session - - - - - - - - - - - - House Document 108-125
REQUESTS FOR FY 2004 BUDGET AMENDMENTS
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
REQUESTS FOR FY 2004 BUDGET AMENDMENTS FOR THE DEPARTMENTS OF
AGRICULTURE, HOMELAND SECURITY, HOUSING AND URBAN DEVELOPMENT AND THE
CORPS OF ENGINEERS
September 15, 2003.--Referred to the Committee on Appropriations and
ordered to be printed
The White House,
Washington, September 12, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: I ask the Congress to consider the
enclosed amendments to the FY 2004 Budget for the Departments
of Agriculture, Homeland Security, and Housing and Urban
Development, as well as the Corps of Engineers.
These amendments would not change the total pending
Presidential Request for FY 2004. However, they would adjust
upward the total discretionary budget authority requested by
$0.9 billion, bringing the total discretionary funding agreed
to by the Administration and the Congress to $785.6 billion.
This increase in discretionary funding is fully offset by a
corresponding decrease in mandatory funding. All other
proposals are assumed to be funded within this constraint.
This transmittal also contains FY 2004 budget amendments
for the Legislative Branch and FY 2003 supplemental proposals
for the Judicial Branch. As a matter of comity, appropriations
requests of the Legislative and Judicial Branches are commonly
transmitted without change.
The details of these proposals are set forth in the
enclosed letter from the Director of the Office of Management
and Budget.
Sincerely,
George W. Bush.
Enclosure.
[Estimate No. 16, 108th Cong., 1st Sess.]
Executive Office of the President,
Office of Management and Budget,
Washington, DC, September 11, 2003.
The President,
The White House.
Submitted for your consideration are requests for FY 2004
budget amendments for the Departments of Agriculture, Homeland
Security, and Housing and Urban Development, as well as the
Corps of Engineers.
These amendments would not change the total pending
Presidential Request for FY 2004. However, they would adjust
upward the total discretionary budget authority requested by
$0.9 billion bringing the total discretionary funding agreed to
by the Administration and the Congress to $785.6 billion. This
increase in discretionary funding is fully offset by a
corresponding decrease in mandatory funding. All other
proposals are assumed to be funded within this constraint.
This transmittal also contains FY 2004 budget amendments
for the Legislative Branch and FY 2003 supplemental proposals
for the Judicial Branch. As a matter of comity, appropriations
requests of the Legislative and Judicial Branches are commonly
transmitted without change.
Department of Agriculture (USDA)
$17.6 million is proposed for a new bureau and
account for the Office of Civil Rights. The funding requested
would be fully offset by a reduction within USDA, as proposed
in an accompanying amendment.
Department of Homeland Security
$890.0 million is proposed to establish Project
Bioshield. Overall, the amendment does not affect the budgetary
totals. The request increases discretionary resources and
reduces mandatory resources by an equal amount.
Department of Housing and Urban Development
$7.5 million is proposed as an increase to the
anticipated costs of regulation and supervision of the
publicly-traded housing government sponsored enterprises,
Fannie Mae and Freddie Mac. These funds would be provided to
the Office of Federal Housing Enterprise Oversight (OFHEO) to
strengthen its examination, legal, and human resources
functions, and to fund special investigations. It is expected
that these and other resources available to OFHEO would be
transferred to a new strengthened housing GSE regulator upon
enactment of the proposal announced by the Secretaries of the
Department of Housing and Urban Development and Treasury on
September 10, 2003. The Administration continues to support
direct funding of these activities with mandatory assessments
on Fannie Mae and Freddie Mac.
Corps of Engineers (Corps)
$42.0 million is proposed within the Construction
account to carry out measures for the protection and recovery
of three federally listed species affected by Corps projects
and operations in the Missouri River Basin. This request is
fully offset by reducing several other activities within the
Construction account.
Legislative Branch & Judicial Branch
As a matter of comity, appropriations requests of the
Legislative and Judicial Branches are commonly transmitted
without change. However, the Administration believes these
amounts must be accommodated within the top line discretionary
spending levels agreed to for FY 2003 and FY 2004 by the
Administration and the Congress. The proposals include:
Amendments for the Architect of the Capitol, the
Congressional Budget Office, the Government Printing Office,
and the Medicare Payment Advisory Commission. In total these
amendments would add $48.6 million in discretionary resources
to your FY 2004 Budget.
Supplemental requests for the Courts of Appeals,
District Courts, and Other Judicial Services. These proposals
would provide an additional $32.2 million to the Judicial
Branch in FY 2003.
Recommendation
I have carefully reviewed these Executive Branch requests
and am satisfied that they are necessary at this time.
Therefore, I join the heads of the affected Departments and the
Chief of Engineers in recommending that you transmit the
amendments to the Congress.
Sincerely,
Joshua B. Bolten,
Director.
Enclosures.
FY 2004 Budget Amendment
DEPARTMENT OF AGRICULTURE
Office of Civil Rights
OFFICE OF CIVIL RIGHTS
FY 2004 Budget Appendix Pages: 60-61
FY 2004 Pending Request: --
Proposed Amendment: $17,550,000
Revised Request: $17,550,000
(Insert the following new appropriations language after the
Working Capital Fund account:)
For necessary expenses of the Office of Civil Rights,
$17,550,000, including employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), of which not to exceed $25,000 is for employment under 5
U.S.C. 3109.
This proposal would add appropriations language to reflect
the separation of the Office of Civil Rights and the Office of
Outreach from Departmental Administration. These offices, as
they existed in Departmental Administration, will be combined
into a separate Office of Civil Rights. This separation is
consistent with the creation of the Assistant Secretary for
Civil Rights in P.L. 107-171, the Farm Security and Rural
Investment Act of 2002.
The $17.6 million requested would be fully offset by a
corresponding reduction to the Departmental Administration
account, as proposed in an accompanying amendment for the
Department of Agriculture.
DEPARTMENT OF AGRICULTURE
Departmental Administration
DEPARTMENTAL ADMINISTRATION
FY 2004 Budget Appendix Page: 61
FY 2004 Pending Request: $45,128,000
Proposed Amendment: -$17,550,000
Revised Request: $27,578,000
(In the appropriations language under the above heading, delete
``$45,128,000'' and insert ``$27,578,000''.)
This proposal would amend the pending appropriations
language to reflect the separation of the Office of Civil
Rights and the Office of Outreach from Departmental
Administration. This separation is consistent with the creation
of the Assistant Secretary for Civil Rights in P.L. 107-171,
the Farm Security and Rural Investment Act of 2002.
Funds from this reduction would be used to offset an
accompanying amendment for the Department of Agriculture.
DEPARTMENT OF HOMELAND SECURITY
Emergency Preparedness and Response
OPERATING EXPENSES
FY 2004 Budget Appendix Page: 464
FY 2004 Pending Request: $762,267,000
Proposed Amendment: $890,000,000
Revised Request: $1,652,267,000
(In the appropriations language under the above heading, insert
the following at the end:)
In addition, for necessary expenses for securing medical
countermeasures against biological terror attacks,
$5,593,000,000, to remain available until September 30, 2013:
Provided, That not to exceed a total of $3,418,000,000 may be
obligated during fiscal years 2004 through 2008, of which not
to exceed $890,000,000 may be obligated during fiscal year
2004.
This proposal would provide $890 million in discretionary
funding for FY 2004 and appropriations totaling $5,593 million
from FY 2004 through FY 2013. Discretionary appropriations are
proposed in lieu of the mandatory funding that is reflected in
the President's FY 2004 Budget.
The requested funding is necessary to establish Project
BioShield, a comprehensive, multi-year effort to accelerate
research, development, and procurement of advanced
countermeasures needed to protect against biological, chemical,
radiological, and nuclear threats. Advance appropriations are
proposed to ensure an identical funding stream to that assumed
in the FY 2004 Budget over a 10-year period. Such certainty is
necessary to stimulate industry action in the development and
production of these critical countermeasures. Overall, the
amendment does not affect the budgetary totals. The request
increases discretionary resources and reduces mandatory
resources by an equal amount.
Absent an enacted authorization, this language does not
provide sufficient authorities for Project Bioshield to meet
all of its objectives in the most effective manner.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT SALARIES AND EXPENSES
FY 2004 Budget Appendix Pages: 519 and 521
FY 2004 Budget Pending Request: Permanent appropriations
The Administration continues to support the administrative
provision (section 206) proposed in the FY 2004 Budget that
would provide direct funding of housing enterprise oversight's
activities with mandatory assessments on Fannie Mae and Freddie
Mac. These funds would be provided to the Office of Federal
Housing Enterprise Oversight (OFHEO) to strengthen its
examination, legal, and human resources functions, and to fund
special investigations. It is expected that these and other
resources available to OFHEO would be transferred to a new
strengthened housing GSE regulator upon enactment of the
proposal announced by the Secretaries of the Department of
Housing and Urban Development and Treasury on September 10,
2003.
The cost of such activities in FY 2004 is now anticipated
to be $39,915,000, not $32,415,000 as indicated on page 519.
The $7,500,000 increase would provide $3,000,000 in additional
funding to strengthen examination, legal, and human resources
functions, as well as a one-time cost of $4,500,000 to conduct
special investigations at Freddie Mac and Fannie Mae to address
unforeseen concerns about the enterprises' financial
statements.
The $7,500,000 would be derived from an equivalent increase
in assessments on the enterprises.
CORPS OF ENGINEERS--CIVIL WORKS
Corps of Engineers--Civil Works
CONSTRUCTION
FY 2004 Budget Appendix Page: 846
FY 2004 Pending Request: $1,350,000,000
Proposed Amendment: --
Revised Request: $1,350,000,000
(In the appropriations language under the above heading, insert
the following after the phrase ``to remain available until
expended.'':)
of which up to $64,000,000 is to carry out measures for the
protection and recovery of the pallid sturgeon, interior least
tern, and piping plover in the Missouri River basin, including
the Kansas, Platte, and Yellowstone Rivers;
This proposal would allow the agency to use an additional
$42 million from within the Construction account to carry out
measures for the protection and recovery of three federally
listed species affected by the following Army Corps of
Engineers (Corps) projects and operations: the Missouri River
Mainstem Reservoir System, the Bank Stabilization and
Navigation Project, and the Kansas River Project. The proposed
appropriations language clarifies that the Corps may undertake
these activities within the Missouri River Basin wherever they
are most likely to be effective, which may include efforts
beyond the areas being restored under the Missouri River Fish
and Wildlife Mitigation project. These funds would be in
addition to the $22 million requested in the Budget for the
Missouri River Fish and Wildlife Mitigation project.
This proposal would be fully offset by reductions to
various projects within the Construction account. These
reductions would have minimal programmatic effects and would
not result in the termination of any contracts scheduled for
award through the end of FY 2003.
The following table shows the proposed reductions to the
Construction account.
[In dollars]
Project name Reduction
Tropicana and Flamingo Washes, NV....................... -4,000,000
Sheyenne River, ND...................................... -500,000
Loves Park, IL.......................................... -500,000
J. Bennett Johnston WW, Miss. River to Shreveport, LA... -1,000,000
Lake Pontchartrain, LA (Hurricane Protection)........... -500,000
Chain of Rocks, IL...................................... -500,000
Santa Ana River Mainstem, CA............................ -3,000,000
Charleston Harbor, SC................................... -500,000
Rio Puerto Nuevo, PR.................................... -1,000,000
Walter F. George Powerhouse, AL and GA (major
rehabilitation)..................................... -250,000
Buford Powerhouse, GA (major rehabilitation)............ -250,000
J. Strom Thurmond Lake, GA and SC....................... -500,000
John H. Kerr Dam and Reservoir, VA and NC (major
rehabilitation)..................................... -500,000
Montgomery Point Lock and Dam, AR....................... -3,000,000
Levisa and Tug Forks and Upper Cumberland River, WV, VA,
and KY.............................................. -2,000,000
McCook and Thornton Reservoirs, IL...................... -2,300,000
Chicago Shoreline, IL................................... -3,000,000
Kentucky Lock and Dam, KY............................... -3,100,000
Locks and Dams 2, 3, and 4, Monongahela River, PA....... -3,700,000
Marmet Lock, Kanawha River, WV.......................... -6,400,000
McAlpine Locks and Dam, Ohio River, KY and IN........... -4,500,000
Mill Creek, OH.......................................... -1,000,000
LEGISLATIVE BRANCH
Congressional Budget Office
SALARIES AND EXPENSES
FY 2004 Budget Appendix Page: 18
FY 2004 Pending Request: $33,450,000
Proposed Amendment: $543,000
Revised Request: $33,993,000
(In the appropriations language under the above heading, delete
``$33,450,000,'' through ``Management System'' and substitute
$33,993,000.)
This proposal would increase the pending request by
$543,000 for Salaries and Expenses of the Congressional Budget
Office (CBO). The FY 2004 Request is being amended to include
the funds, which CBO is required to transfer to the Federal
Accounting Standards Advisory Board when it becomes a member of
the Board.
LEGISLATIVE BRANCH
Congressional Budget Office
ADMINISTRATIVE PROVISIONS
FY 2004 Budget Appendix Page: 18
FY 2004 Budget Pending Request: --
Proposed Amendment: Language
Revised Request: --
(In the appropriations language under the above heading, all
provisions should be deleted.)
This proposal would eliminate the two Administrative
Provisions for the Congressional Budget Office contained in the
FY 2004 Budget.
LEGISLATIVE BRANCH
Architect of the Capitol
CAPITOL VISITOR CENTER
FY 2004 Budget Appendix Page: 23
FY 2004 Pending Request: --
Proposed Amendment $47,800,000
Revised Request: $47,800,000
(In the appropriations language under the above heading, insert
the following after ``Capitol Visitor Center'':)
For necessary expenses to support construction of the
Capitol Visitor Center, $47,800,000, to remain available until
expended: Provided, That no funds may be obligated until an
obligation plan has been approved by the Committees on
Appropriations.
This proposal would provide additional funding to complete
the Capitol Visitor Center project, as estimated in the GAO
report of June 20, 2003.
LEGISLATIVE BRANCH
Government Printing Office
ADMINISTRATIVE PROVISIONS
FY 2004 Budget Appendix Page: 34
FY 2004 Pending Request: --
Proposed Amendment: Language
Revised Request: --
(Delete the entire appropriations language under the above
heading and insert the following:)
Sec. 204. (a) Section 303 of title 44, United States Code,
is amended to read as follows:
``(a) The Public Printer shall receive compensation at an
annual rate of pay that is equal to the lower of--
(1) the highest annual rate of compensation of any
officer of the Senate; or
(2) the highest annual rate of compensation of any
officer of the House of Representatives.
(b) The Deputy Public Printer shall receive compensation at
an annual rate of pay that is $1,000 less than the annual rate
of pay received by the Public Printer, as determined under
subparagraph (a).''.
Sec. 205. (a) Chapter 3 of title 44, United States Code, is
amended by adding at the end the following new section:
``Sec. 318. Transfer of surplus property; acceptance of
gifts; acceptance of voluntary services.
``(a) Transfer of Surplus Property.--The Public Printer may
donate or transfer without charge surplus publications and
surplus or obsolete equipment and supplies of the Government
Printing Office to--
``(1) other entities of the Federal Government;
``(2) organizations described in paragraph (3) or (4)
of section 501(c) of the Internal Revenue Code of 1986
and exempt from tax under section 501(a) of such Code;
or
``(3) State or local governments.
``(b) Acceptance of Gifts--
``(1) In general.--The Public Printer may accept,
hold, and administer gifts and bequests of real or
personal property for the purpose of supporting the
work of the Government Printing Office, and shall
utilize the property involved and the proceeds thereof
in accordance with the terms of the gift or bequest to
the greatest extent practicable.
``(2) Deposit of funds and proceeds into revolving
fund.--Any gift or bequest of money received under this
subsection, together with any proceeds of the sale of
any property received as a gift or bequest under the
subsection, shall be deposited into the revolving fund
under section 309, and shall be disbursed upon order of
the Public Printer.
``(c) Acceptance of Voluntary Services.--Notwithstanding
section 1342 of title 31, United States Code, the Public
Printer may accept the services of volunteers to support the
work of the Government Printing Office, except that any
individual who provides services of the Office as a volunteer
pursuant to this subsection shall be treated as an employee of
the Office only for purposes of chapter 81 of title 5, United
States Code (relating to compensation for work injuries), and
chapter 171 of title 28, United States Code (relating to tort
claims).''.
(b) The table of sections of chapter 3 of title 44, United
States Code, is amended by adding at the end the following new
item:
``318. Transfer of surplus property, acceptance of gifts;
acceptance of voluntary services.''.
(c) The amendments made by this section shall apply with
respect to fiscal year 2004 and each succeeding fiscal year.
LEGISLATIVE BRANCH
Other Legislative Branch Agencies
MEDICARE PAYMENT ADVISORY COMMISSION, SALARIES AND EXPENSES
FY 2004 Budget Appendix Page: 37
FY 2004 Pending Request: $9,000,000
Proposed Amendment: $300,000
Revised Request: $9,300,000
This proposal would increase the pending request for the
Medicare Payment Advisory Commission (MedPAC), Salaries and
Expenses by $300,000. The FY 2004 Request is being amended to
reflect the amount requested in MedPAC's budget justification
submitted to the Congress, and to assure a level of funding
that meets the Commission's responsibilities to the Congress.
FY 2003 Supplemental Request
JUDICIAL BRANCH
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses,''
$12,187,000, to remain available until expended for costs
associated with the 15 additional judgeships, authorized under
Public Law 107-273.
Public Law 107-273 authorized 15 new district Article III
judgeships effective July 15, 2003. Nominations for all 15
judgeships are currently before the Senate. This request would
provide the funding needed for space build-out courtrooms,
chambers, furniture, and equipment to support the 15 judges and
associated chambers staff.
------
JUDICIAL BRANCH
Courts of Appeals, District Courts, and Other Judicial Services
DEFENDER SERVICES
For an additional amount for ``Defender Services,''
$17,228,000, to remain available until expended.
This request would provide funding for higher than
anticipated Criminal Justice Act representations. Since the
beginning of March 2003, panel attorney payments have averaged
over $1 million per day, approximately 5.8 percent above the
anticipated daily panel attorney payment rate.
------
JUDICIAL BRANCH
Courts of Appeals, District Courts, and Other Judicial Services
FEES OF JURORS AND COMMISSIONERS
For an additional amount for ``Fees of Jurors and
Commissioners,'' $2,778,000, to remain available until
expended.
This request would provide funding for higher than
anticipated juror days.