[House Document 108-70]
[From the U.S. Government Publishing Office]



                                     

108th Congress, 1st Session - - - - - - - - - - - - - House Document 108-70


 
                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, ENERGY, HOUSING AND URBAN DEVELOPMENT, THE INTERIOR, 
JUSTICE, LABOR, AND TRANSPORTATION; THE OFFICE OF PERSONNEL MANAGEMENT; 
                   AND THE FARM CREDIT ADMINISTRATION




 May 9, 2003.--Referred to the Committee on Appropriations and ordered 
                             to be printed
                                           The White House,
                                           Washington, May 9, 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 Administration's FY 2004 budget 
submission for the Departments of Agriculture, Energy, Housing 
and Urban Development, the Interior, Justice, Labor, and 
Transportation; the Office of Personnel Management; and the 
Farm Credit Administration. I also ask the Congress to consider 
the enclosed proposals for the Department of the Interior and 
the Social Security Administration.
    This transmittal also contains FY 2004 budget amendments 
for the Legislative Branch. Appropriations requests of the 
Legislative Branch are historically transmitted without change.
    Further, in accordance with provisions of Public Law 108-
11, the FY 2003 Emergency Wartime Supplemental Appropriations 
Act, I hereby request and make available $280.0 million for the 
Transportation Security Administration (TSA) of the Department 
of Homeland Security. Consistent with the Act, TSA would 
utilize these resources solely for expenses incurred to hire, 
train, and deploy initial passenger screeners.
    The details of this proposal are set forth in the enclosed 
letter from the Director of the Office of Management and 
Budget. I concur with his comments and observations.
            Sincerely,
                                                    George W. Bush.
               [Estimate No. 10, 108th Cong., 1st Sess.]

                 Executive Office of the President,
                           Office of Management and Budget,
                                       Washington, DC, May 8, 2003.
The President,
The White House.
    Submitted for your consideration are requests for FY 2004 
budget amendments for the Departments of Agriculture, Energy, 
Housing and Urban Development, the Interior, Justice, Labor, 
and Transportation; the Office of Personnel Management; the 
Farm Credit Administration; and the Legislative Branch. In 
addition, this transmittal includes a proposal for the 
Department of the Interior and the Social Security 
Administration and makes available previously appropriated 
funds for the Department of Homeland Security. Overall, the 
discretionary budget authority proposed in your FY 2004 Budget 
would increase by $6.0 million, excluding the budget authority 
changes for the Legislative Branch.
Department of the Interior (DOI) and Other Proposals
     $6.0 million is proposed for the Central Utah 
Project (CUP) to mitigate project impacts. Previously, this 
funding was appropriated to the Department of Energy's Western 
Area Power Administration for payment to DOI. This amendment is 
necessary to correctly reflect the policy proposed in your FY 
2004 Budget to transfer the authority and appropriation for 
payments to CUP from the Department of Energy directly to DOI.
     Several other technical language amendments to 
your FY 2004 Budget are included in this transmittal for the 
Departments of Agriculture, Housing and Urban Development, the 
Interior, Justice, Labor, and Transportation; as well as the 
Office of Personnel and the Farm Credit Administration. Each 
proposal is described in detail in the enclosures.
     Language is proposed for DOI that would adjust the 
Endangered Species program spending caps for critical habitat 
designations to comply with listing obligations as directed by 
the courts.
     Language is also proposed for the Social Security 
Administration that would permit implementation of the Black 
Lung Consolidation of Responsibility Act.
FY 2003 Contingent Release
     A request to make available $280.0 million in 
previously appropriated contingent funds for the Transportation 
Security Administration (TSA) within the Department of Homeland 
Security (DHS) is also submitted for your consideration. These 
funds were made contingent upon your submission of a budget 
request to the Congress, and on TSA's transmittal of an 
approved FY 2003 execution plan that includes this funding. 
TSA's plan will be sent to the Congress separately by DHS.
Legislative Branch
     This transmittal also includes FY 2004 amendments 
for the Legislative Branch. Appropriations requests for the 
Legislative Branch are historically transmitted without change. 
In total, these amendments would increase discretionary 
resources included in the FY 2004 Budget by $26.9 million.
Recommendation
    I have reviewed these proposals and am satisfied that they 
are necessary at this time. Therefore, I join the heads of the 
affected Departments and agencies in recommending that you 
transmit the proposals to the Congress.
            Sincerely,
                                   Mitchell E. Daniels, Jr.
                                                          Director.
    Enclosures.
                       DEPARTMENT OF AGRICULTURE


                        Rural Utilities Service


         DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

FY 2004 Budget Appendix Pages: 154-155
FY 2004 Pending Request: $196,465,000
Proposed Amendment: $139,498,000
Revised Request: $335,963,000

    This proposal would amend the pending appropriations 
language to reflect correctly the rule and subsidy rates for 
the authorized Broadband Program assumed in the FY 2004 Budget.
    The proposed budget totals would not be affected by this 
technical language amendment.


                          DEPARTMENT OF ENERGY


                    Power Marketing Administrations


 CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA 
                          POWER ADMINISTRATION

FY 2004 Budget Appendix Page: 390
FY 2004 Pending Request: --
Proposed Amendment: Language
Revised Request: --

    (In the appropriations language under the above heading, 
delete the proviso beginning with the colon, up to the period.)
    This proposal is necessary to correctly reflect the policy 
proposed in the FY 2004 Budget to transfer the authority and 
appropriation for payments to the Central Utah Project from the 
Secretary of Energy directly to the Secretary of the Interior.
    This amendment would not affect FY 2004 outlays.


              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT


                 ADMINISTRATIVE PROVISION, SECTION 201

FY 2004 Budget Appendix Page: 520
FY 2004 Pending Request: --
Proposed Amendment: Language
Revised Request: --

    (In the appropriations language under the above heading, 
delete the word ``striking'' and substitute ``inserting'' the 
first time it appears. Delete the words ``, and inserting in 
lieu thereof the words, `at least',''.)
    This proposal would correctly reflect the fixed minimum 
rent requirement of $50 for non-elderly, non-disabled recipient 
households assumed in the FY 2004 Budget. The minimum rent 
provision would apply only to households headed by an able-
bodied working age individual and is intended to promote work 
and increase equity in the treatment of recipient households 
with similar needs.
    This amendment would not affect FY 2004 outlays.


                       DEPARTMENT OF THE INTERIOR


                           Water and Science


                CENTRAL UTAH PROJECT COMPLETION ACCOUNT

FY 2004 Budget Appendix page: 553
FY 2004 Pending Request: $36,363,000
Proposed Amendment: $6,000,000
Revised Request: $42,463,000

    (In the appropriations language under the above heading, 
delete ``$36,463,000'' and substitute $42,463,000; delete 
``$9,423,000'' and substitute $15,423,000, and insert the 
language that follows after ``Commission''.)
    : Provided, That section 402(b)(3)(B) of the Reclamation 
Projects Authorization and Adjustment Act of 1992 (P.L. 102-
575), is amended to read as follows: ``(B) $6,000,000 annually 
by the Secretary of the Interior from funds authorized to be 
appropriated by section 12 of the Colorado River Storage Act, 
as amended (43 U.S.C. Sec. 620k)''.
    This amendment would correct an inadvertent omission from 
the FY 2004 Budget. The FY 2004 Budget policy assumed that the 
authority--and associated appropriations--for the Western Area 
Power Administration (WAPA), to mitigate for impact related to 
Central Utah Project (CUP) facilities, would be transferred to 
the Department of the Interior (DOI). While the appropriations 
language in the FY 2004 Budget for WAPA reflected this 
realignment, the appropriations language for DOI did not.
    Currently, WAPA pays $6 million annually to CUP, and 
through them to the Utah Reclamation Mitigation and 
Conservation Commission, to mitigate CUP project impacts. The 
current WAPA payment is not reimbursable from project 
beneficiaries; rather, these funds are appropriated directly 
from the General Fund of the Treasury. Although P.L. 102-575 
intended that project beneficiaries should pay for project 
mitigation costs, by making the costs non-reimbursable, the law 
resulted in general taxpayer rather than beneficiary payments. 
Absent a revision in the law to make these payments 
reimbursable by project beneficiaries, there is no compelling 
reason to have the mitigation costs come from WAPA.
    The $6 million will be more reliably appropriated if the 
mitigation funds are directly included in the CUP request, 
instead of the WAPA request, since in WAPA's view the payments 
do not mitigate any of WAPA's project impacts.
    This proposal would increase FY 2004 outlays by $1.8 
million.


                         DEPARTMENT OF JUSTICE


                         General Administration


                           DETENTION TRUSTEE

FY 2004 Budget Appendix Page: 611
FY 2004 Pending Request: $785,689,000
Proposed Amendment: $16,508,000
Revised Request: $802,197,000

    This technical amendment would correctly reflect the 
funding to be available for transfer to the Salaries and 
Expenses, United States Marshals Service account, to pay for 
the cost of boarding federal detainees in State and local jails 
and private institutions before and during trials, and prior to 
transporting to federal prisons after conviction.
    The proposed budget totals would not be affected by this 
amendment.


                          DEPARTMENT OF LABOR


                  Employment Standards Administration


                         SALARIES AND EXPENSES

FY 2004 Budget Appendix Page: 659
FY 2004 Pending Request: --
Proposed Amendment: Language
Revised Request: --

    (In the appropriations language under the above heading, 
delete ``2003'' from the reference to the Treasury and General 
Government Appropriations Act, and substitute 2004.)
    Section 630 of the FY 2004 Budget's proposed Government-
wide general provisions, authorizes the Department of Labor 
(DOL) to bill Federal agencies for their share of Federal 
Employees' Compensation Act (FECA) administrative costs. DOL's 
proposed FY 2004 Employment Standards Administration, Salaries 
and Expenses appropriations language provides authority to 
spend the surcharge revenue. However, this language incorrectly 
cites the proposed surcharge authority as section 630 of the FY 
2003 Treasury and General Government Appropriations Act, rather 
than the FY 2004 Act. This amendment would correct this error.


                      DEPARTMENT OF TRANSPORTATION


                        Office of the Secretary


                         SALARIES AND EXPENSES

FY 2004 Budget Appendix Page: 703
FY 2004 Pending Request: --
Proposed Amendment: Language
Revised Request: --

    (In the appropriations language under the above heading, 
insert before the period the following:)
    : Provided further, That to reimburse miscellaneous 
receipts for obligations previously expended, $408,535 shall be 
transferred to miscellaneous receipts
    This amendment is in response to a January 28, 2003, 
notification by the Department of Transportation of a violation 
of the Antideficiency Act for a deficiency in the Office of the 
Secretary, Salaries and Expenses account of $408,535. The 
violation is the result of funds being diverted in 1998, 1999, 
2000, and 2001 from the Treasury's Miscellaneous Receipt 
Account and being expended for department-wide financial system 
improvements. This proposal would permit the Department of 
Transportation to reimburse the Treasury for the diverted 
funds.
    This proposal would not increase the FY 2004 Budget totals.


                      DEPARTMENT OF TRANSPORTATION


                     Federal Highway Administration


                          FEDERAL-AID HIGHWAYS

FY 2004 Budget Appendix Page: 721
FY 2004 Pending Request: --
Proposed Amendment: Language
Revised Request: --

    (In the appropriations language under the above heading, 
insert at the end the following new paragraph.)
    In addition, to reimburse miscellaneous receipts for 
obligations previously expended, $4,972,229, to be derived from 
the Highway Trust Fund and transferred to miscellaneous 
receipts.
    This amendment is in response to a January 28, 2003, 
notification by the Department of Transportation of a violation 
of the Antideficiency Act for a deficiency in the Federal-Aid 
Highways account of $4,972,229. The violation is the result of 
funds being diverted in 1998, 1999, 2000, and 2001 from the 
Treasury's Miscellaneous Receipt Account and being expended for 
department-wide financial system improvements. This proposal 
would permit the Department of Transportation to reimburse the 
Treasury for the diverted funds.
    This proposal would not increase the FY 2004 Budget totals.


                     OFFICE OF PERSONNEL MANAGEMENT


                     HUMAN CAPITAL PERFORMANCE FUND

FY 2004 Budget Appendix Page: 973
FY 2004 Pending Request: --
Proposed Amendment: Language
Revised Request: --

    (In the appropriations language under the above heading, 
delete ``639'' from the reference to the Title VI section 
number, and substitute 636.)
    This amendment would reflect the correct Title VI section 
number.


                       FARM CREDIT ADMINISTRATION


                 LIMITATION OF ADMINISTRATIVE EXPENSES

FY 2004 Budget Appendix Page: 1040
FY 2003 Pending Request: $38,400 (Limitation)
Proposed Amendment: $2,500,000
Revised Request: $40,900,000 (Limitation)

    This proposal would increase the limitation that the Farm 
Credit Administration can obligate from its assessments 
collected from farm credit institutions and from the Federal 
Agricultural Mortgage Corporation to correctly include the $2.5 
million of carryover funds that is available from previous 
years.
    These offsetting collections are from a non-federal source, 
and this amendment would not affect FY 2004 budget authority or 
outlays.


                           LEGISLATIVE BRANCH


                                 Senate


                           EXPENSE ALLOWANCES

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $120,000
Proposed Amendment: $7,500
Revised Request: $127,500

    (In the appropriations language under the above heading 
after ``the President Pro Tempore of the Senate, $20,000;'' 
insert the President Pro Tempore Emeritus of the Senate, 
$7,500;).
    This proposal would increase the pending request by $7,500 
for the Expense Allowances of the Senate. FY 2004 outlays would 
increase by the same amount.


                           LEGISLATIVE BRANCH


                                 Senate


                    SALARIES, OFFICERS AND EMPLOYEES

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $122,751,000
Proposed Amendment: $5,058,000
Revised Request: $127,809,000

    This proposal would increase the pending request by 
$5,058,000 for the Salaries, Officers and Employees of the 
Senate account, as well as subaccounts Office of the Vice 
President, Office of the President Pro Tempore, Office of the 
President Pro Tempore Emeritus, Offices of the Majority and 
Minority Leaders, Office of the Majority and Minority Whips, 
Committee on Appropriations, Conference Committees, Offices of 
the Secretaries of the Conference of the Majority and the 
Conference of the Minority, Policy Committees, Office of the 
Secretary, Office of the Sergeant at Arms and Doorkeeper, 
Offices of the Secretaries for the Majority and Minority, 
Agency Contributions and Related Expenses.
    The details of the subaccount proposals follow.

     SALARIES, OFFICERS AND EMPLOYEES, OFFICE OF THE VICE PRESIDENT

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $2,024,000
Proposed Amendment: $4,000
Revised Request: $2,028,000

 SALARIES, OFFICERS AND EMPLOYEES, OFFICE OF THE PRESIDENT PRO TEMPORE

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $538,000
Proposed Amendment: $1,000
Revised Request: $539,000

 SALARIES, OFFICERS AND EMPLOYEES, OFFICE OF THE PRESIDENT PRO TEMPORE 
                                EMERITUS

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: --
Proposed Amendment: $156,000
Revised Request: $156,000

SALARIES, OFFICERS AND EMPLOYEES, OFFICES OF THE MAJORITY AND MINORITY 
                                LEADERS

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $3,214,000
Proposed Amendment: $6,000
Revised Request: $3,220,000

SALARIES, OFFICERS AND EMPLOYEES, OFFICES OF THE MAJORITY AND MINORITY 
                                 WHIPS

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $2,078,000
Proposed Amendment: $246,000
Revised Request: $2,324,000

     SALARIES, OFFICERS AND EMPLOYEES, COMMITTEE ON APPROPRIATIONS

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $11,699,000
Proposed Amendment: $1,100,000
Revised Request: $12,799,000

        SALARIES, OFFICERS AND EMPLOYEES, CONFERENCE COMMITTEES

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $2,714,000
Proposed Amendment: $2,000
Revised Request: $2,716,000
    (In the appropriations language under the above heading, 
delete ``$1,357,000'' and substitute $1,358,000.)

  SALARIES, OFFICERS AND EMPLOYEES, OFFICES OF THE SECRETARIES OF THE 
     CONFERENCE OF THE MAJORITY AND THE CONFERENCE OF THE MINORITY

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $672,000
Proposed Amendment: $2,000
Revised Request: $674,000

          SALARIES, OFFICERS AND EMPLOYEES, POLICY COMMITTEES

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $2,830,000
Proposed Amendment: $4,000
Revised Request: $2,834,000
    (In the appropriations language under the above heading, 
delete ``$1,415,000'' and substitute $1,417,000.)

       SALARIES, OFFICERS AND EMPLOYEES, OFFICE OF THE SECRETARY

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $17,733,000
Proposed Amendment: $566,000
Revised Request: $18,299,000

 SALARIES, OFFICERS AND EMPLOYEES, OFFICE OF THE SERGEANT AT ARMS AND 
                               DOORKEEPER

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $47,7000,000
Proposed Amendment: $591,000
Revised Request: $48,291,000

 SALARIES, OFFICERS AND EMPLOYEES, OFFICES OF THE SECRETARIES FOR THE 
                         MAJORITY AND MINORITY

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $1,464,000
Proposed Amendment: $4,000
Revised Request: $1,468,000

  SALARIES, OFFICERS AND EMPLOYEES, AGENCY CONTRIBUTIONS AND RELATED 
                                EXPENSES

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $29,758,000
Proposed Amendment: $2,376,000
Revised Request: $32,134,000


                           LEGISLATIVE BRANCH


                                 Senate


            OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $4,744,000
Proposed Amendment: $24,000
Revised Request: $4,768,000

    This proposal would increase the pending request by $24,000 
for the Office of the Legislative Counsel of the Senate. FY 
2004 outlays would increase by the same amount.


                           LEGISLATIVE BRANCH


                                 Senate


                     OFFICE OF SENATE LEGAL COUNSEL

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $1,221,000
Proposed Amendment: $1,000
Revised Request: $1,222,000

    This proposal would increase the pending request by $1,000 
for the Office of Senate Legal Counsel. FY 2004 outlays would 
increase by the same amount.


                           LEGISLATIVE BRANCH


                                 Senate


    CONTINGENT EXPENSES OF THE SENATE, INQUIRIES AND INVESTIGATIONS

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $113,465,000
Proposed Amendment: $4,997,000
Revised Request: $118,462,000

    This proposal would increase the pending request by 
$4,997,000 for Inquiries and Investigations. FY 2004 outlays 
would increase by the same amount.


                           LEGISLATIVE BRANCH


                                 Senate


       CONTINGENT EXPENSES OF THE SENATE, SECRETARY OF THE SENATE

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $2,077,000
Proposed Amendment: -$377,000
Revised Request: $1,700,000

    This proposal would decrease the pending request by 
$377,000 for the Secretary of the Senate. FY 2004 outlays would 
decrease by the same amount.


                           LEGISLATIVE BRANCH


                                 Senate


 CONTINGENT EXPENSES OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF 
                               THE SENATE

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $117,133,000
Proposed Amendment: $32,836,000
Revised Request: $149,969,000

    (In the appropriations language under the above heading, 
delete ``$9,570,000'' and substitute $39,520,000 and delete 
``$13,574,000'' and substitute $4,255,000.)
    This proposal would increase the pending request by 
$32,836,000 for the Sergeant at Arms and Doorkeeper of the 
Senate. FY 2004 outlays would increase by the same amount.


                           LEGISLATIVE BRANCH


                                 Senate


         CONTINGENT EXPENSES OF THE SENATE, MISCELLANEOUS ITEMS

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $18,513,000
Proposed Amendment: $754,500
Revised Request: $19,267,500

    This proposal would increase the pending request by 
$754,500 for Miscellaneous Items. FY 2004 outlays would 
increase by the same amount.


                           LEGISLATIVE BRANCH


                                 Senate


  CONTINGENT EXPENSES OF THE SENATE, SENATOR'S OFFICIAL PERSONNEL AND 
                         OFFICE EXPENSE ACCOUNT

FY 2004 Budget Appendix Page: 15
FY 2004 Pending Request: $310,447,000
Proposed Amendment: $11,614,000
Revised Request: $322,061,000

    This proposal would increase the pending request by 
$11,614,000 for the Senator's Office Personnel and Office 
Expense Account. FY 2004 outlays would increase by the same 
amount.


                           LEGISLATIVE BRANCH


                              Joint Items


                        JOINT ECONOMIC COMMITTEE

FY 2004 Budget Appendix Page: 16
FY 2004 Pending Request: $3,794,000
Proposed Amendment: $194,000
Revised Request: $3,988,000

    This proposal would increase the pending request by 
$194,000 for the Joint Economic Committee. FY 2004 outlays 
would increase by the same amount.


                           LEGISLATIVE BRANCH


                              Joint Items


                      JOINT COMMITTEE ON TAXATION

FY 2004 Budget Appendix Page: 16
FY 2004 Pending Request: $7,875,000
Proposed Amendment: $237,000
Revised Request: $8,112,000

    The proposal would increase the pending request by $237,000 
for the Joint Committee on Taxation. FY 2004 outlays would 
increase by the same amount.


                           LEGISLATIVE BRANCH


                              Joint Items


           CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE

FY 2004 Budget Appendix Page: 16
FY 2004 Pending Request: $3,128,000
Proposed Amendment: $383,000
Revised Request: $3,511,000

    The proposal would increase the pending request by $383,000 
for the Capitol Guide Service and Special Services Office. FY 
2004 outlays would increase by the same amount.


                           LEGISLATIVE BRANCH


                        Architect of the Capitol


                       ADMINISTRATIVE PROVISIONS

FY 2004 Budget Appendix Page: 25
FY 2004 Pending Request: --
Proposed Amendment: Language
Revised Request: --
    (Insert the following appropriations under the above 
heading after ``Gifts and Donations'' and prior to ``Library of 
Congress''.)
    Sec. 106. Section 5349 of title 5, United States Code, as 
amended, is further amended by adding the following new 
subsection (c):
    ``(c) Notwithstanding any other provision of law, the 
Architect of the Capitol shall have the sole and exclusive 
authority for the fixing of pay of employees of the Office of 
the Architect of the Capitol pursuant to this section.''.
    Sec. 107. (a) The Architect of the Capitol may, in order to 
recruit or retain qualified personnel for the Office of the 
Architect of the Capitol, establish and maintain a program 
under which the Architect may agree to repay (by direct 
payments on behalf of the employee) all or a portion of any 
student loan previously taken out by such employee. (b) The 
Architect may, by regulation, make applicable such provision of 
section 5379 of title 5, United States Code, as the Architect 
determines necessary to provide for such program. (c) The 
regulations shall provide the amount paid by the Office may not 
exceed--(1) $6,000 for any employee in any calendar year; or 
(2) a total of $40,000 in the case of any employee. (d) the 
Architect may not reimburse an employee for any repayments made 
by such employee prior to the Architect entering into an 
agreement under this section with such employee. (e) Any amount 
repaid by, or recovered from, an individual under this section 
and its implementing regulations shall be credited to the 
appropriation account available for salaries and expenses of 
the Architect at the time of repayment or recovery. (f) This 
section shall apply to fiscal year 2004 and each fiscal year 
thereafter.
    Sec. 108. (a) Hereafter and notwithstanding any other 
provision of law, funds appropriated to the Architect of the 
Capitol shall be available for the acquisition of space in 
areas within the District of Columbia and its environs beyond 
the boundaries of the United States Capitol Grounds to meet 
space requirements of the United States, United States House of 
Representatives, United States Capitol Police and the Architect 
of the Capitol under such terms and conditions as the Committee 
or Commission identified in subsection (b) may authorize, and 
to incur any necessary expense in connection therewith. (b) The 
Architect of the Capitol may secure space in accordance with 
section (a): (1) upon provisions of written notice of intent to 
secure such space to the Committee on Rules and Administration 
of the Senate for space to be acquired that is situated North 
of the United States Capitol and to the House Office Building 
Commission for space to be acquired that is situated South of 
the United States Capitol; and (2) upon approval of such 
Committee or Commission or failure of such Committee or 
Commission to disapprove the acquisition during the 21 day 
period following the date of provision of notice under 
subsection (a).
    Sec. 109. Notwithstanding any other provision of law, 
during the fiscal year ending September 30, 2004, and 
thereafter, the Architect of the Capitol may use appropriated 
funds to develop, retain and recruit its professional staff for 
the Office of the Architect of the Capitol in accordance with 
its strategic plan by supporting professional memberships of 
employees and as such the Architect may pay (by direct payment 
on behalf of the participating employees) or reimburse all or 
any portion of a professional membership of an employee: 
Provided, That payment is approved for the acknowledgment of 
the importance of the membership; the nature of the 
professional association is directly related to the employee's 
job; and the Office does not have or cannot obtain an 
institutional membership in the professional association.
    Sec. 110. At any time on or after the date of enactment of 
this Act, the Architect of the Capitol may incur obligations 
and make expenditures out of available appropriations for 
support and maintenance for Members, officers, and employees of 
Congress when, in the judgment of the Architect of the Capitol, 
such obligations and expenditures are necessary to respond to 
emergencies involving the safety of human life or the 
protection of property.


                           LEGISLATIVE BRANCH


                          Library of Congress


                         SALARIES AND EXPENSES

FY 2004 Budget Appendix Page: 25
FY 2004 Pending Request: $407,930,000 (gross)
Proposed Amendment: -$27,544,000
    Revised Request: $380,386,000 (gross)

    This proposal would decrease the pending request by 
$27,544,000 for Salaries and Expenses. FY 2004 outlays would 
decrease by $22,692,262.


                           LEGISLATIVE BRANCH


                          Library of Congress


                COPYRIGHT OFFICE, SALARIES AND EXPENSES

FY 2004 Budget Appendix Page: 26
FY 2004 Pending Request: $48,689,000 (gross)
Proposed Amendment: -$399,000
Revised Request: $48,290,000 (gross)

    This proposal would decrease the pending request by 
$399,000 for Salaries and Expenses. FY 2004 outlays would 
decrease by $177,784.


                           LEGISLATIVE BRANCH


                          Library of Congress


         CONGRESSIONAL RESEARCH SERVICE, SALARIES AND EXPENSES

FY 2004 Budget Appendix Page: 27
FY 2004 Pending Request: $96,615,000
Proposed Amendment: -$348,000
Revised Request: $96,267,000

    This proposal would decrease the pending request by 
$348,000 for Salaries and Expenses. FY 2004 outlays would 
decrease by $316,321.


                           LEGISLATIVE BRANCH


                          Library of Congress


 BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED, SALARIES AND EXPENSES

FY 2004 Budget Appendix Page: 28
FY 2004 Pending Request: $52,157,000
Proposed Amendment: -$451,000
Revised Request: $51,706,000

    This proposal would decrease the pending request by 
$451,000 for Salaries and Expenses. FY 2004 outlays would 
decrease by $204,068.


                       DEPARTMENT OF THE INTERIOR


                United States Fish and Wildlife Service


                          RESOURCE MANAGEMENT

    The third proviso under the heading, ``United States Fish 
and Wildlife Service, Resource Management'' in Division F of 
Public Law 108-7, is amended by striking ``$9,077,000'' and 
inserting ``$11,077,000'', and by striking ``$6,000,000'' and 
inserting ``$8,000,000''.
    This technical adjustment in the spending cap for critical 
habitat designations within the Endangered Species Program 
would raise the listing funding cap and the critical habitat 
sub-cap by $2 million each, to ensure the Fish and Wildlife 
Service (FWS) will meet their listing obligations as directed 
by the courts. The Department of the Interior will be 
submitting a request to Congress to re-program the FY 2003 
funds of the Resource Management account to help FWS meet its 
obligations.


                     SOCIAL SECURITY ADMINISTRATION


               Special Benefits for Disabled Coal Miners

    Funds made available under the heading, ``Special Benefits 
for Disabled Coal Miners,'' in Division G of Public Law 108-7, 
shall be subject to the provisions of Public Law 107-275, 
notwithstanding section 514 of such Division G.
    Under the Black Lung Benefits Act, the Social Security 
Administration (SSA) has responsibility for claims filed on or 
before December 31, 1973, and the Department of Labor (DOL) has 
responsibility for subsequent claims. Public Law 107-275, the 
Black Lung Consolidation of Responsibility Act, mandated the 
transfer of SSA's Black Lung responsibilities to DOL, thereby 
unifying Black Lung program responsibilities in DOL and 
improving program efficiency. Section 514 of the Act prohibits 
the transfer of funds among Federal agencies absent specific 
authorization in appropriations. This provision would permit 
the implementation of the Black Lung transfer in FY 2003, 
pursuant to P.L. 107-275.
    Contingent Appropriations: Amounts Previously Appropriated Made 
                       Available by the President

Department of Homeland Security:
    Border and Transportation Security: Transportation 
      Security Administration...........................    $280,000,000

    Title I of P.L. 108-11, the FY 2003 Emergency Wartime 
Supplemental Appropriations Act, provided $280 million in 
funding for the Transportation Security Administration (TSA), 
contingent upon the President submitting a budget request to 
the Congress, and the Administrator of TSA submitting a FY 2003 
budget execution plan. TSA's plan will be sent to Congress 
separately by the Department of Homeland Security. Consistent 
with P.L. 108-11, TSA will utilize these resources solely for 
expenses incurred to hire, train, and deploy initial passenger 
screeners.

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