[House Document 109-26]
[From the U.S. Government Publishing Office]



                                     

109th Congress, 1st Session - - - - - - - - - - - - - House Document 109-26

 
                 REQUEST FOR FY 2006 BUDGET AMENDMENTS

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

    A REQUEST FOR A FY 2006 BUDGET AMENDMENT FOR THE DEPARTMENTS OF 
  AGRICULTURE, EDUCATION, HEALTH AND HUMAN SERVICES, JUSTICE, AND THE 
     TREASURY; AND THE UNITED STATES-CANADA ALASKA RAIL COMMISSION




May 16, 2005.--Referred to the Committee on Appropriations and ordered 
                             to be printed
                                           The White House,
                                           Washington, May 5, 2005.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: I ask the Congress to consider the 
enclosed FY 2006 budget amendments for the Departments of 
Agriculture, Education, Health and Human Services, Justice, and 
the Treasury; and the United States-Canada Alaska Rail 
Commission. Overall, the discretionary budget authority 
proposed in my FY 2006 Budget would not be increased by these 
requests.
    This transmittal also contains FY 2006 budget amendments 
and an FY 2005 proposal for the legislative branch. As a matter 
of comity, appropriations requests of the legislative branch 
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.
              [Estimate No. 3, 109th Congress, 1st Sess.]

                 Executive Office of the President,
                           Office of Management and Budget,
                                       Washington, DC, May 4, 2005.
The President,
The White House.
    Submitted for your consideration are requests for FY 2006 
budget amendments for the Departments of Agriculture, 
Education, Justice, Health and Human Services, and the 
Treasury; and the United States-Alaska Rail Commission. These 
appropriations language amendments are necessary to reflect 
correctly policies assumed in the FY 2006 Budget. Overall, FY 
2006 discretionary budget authority would not be increased by 
these requests.
    The Mid-Session Review (MSR) of the FY 2006 Budget, due to 
the Congress on July 15, 2005, will adjust the Budget to 
reflect necessary corrections and updates to the FY 2006 Budget 
to reflect budget policies. For example, your Budget 
inadvertently did not include the outyear estimates of the 
budget impact of the Central American Free Trade Agreement 
(CAFTA) proposal. The Administration supports enactment of the 
legislation to implement CAFTA. The MSR will include the 
additoinal revenue costs not reflected in the Budget of the 
implementation of CAFTA.
    This transmittal also contains FY 2006 budget amendments 
and an FY 2005 proposal for the Legislative Branch. As a matter 
of comity, appropriations requests for the Legislative Branch 
are commonly transmitted without change.
FY 2006 Amendments
     Language is proposed to reduce the 10-year 
limitation on mandatory budget authority for the Department of 
Agriculture's Conservation Security Program in order to reflect 
correctly the permanent cancellation of that budget authority 
assumed in the FY 2006 Budget.
     Language is proposed that would change spending 
authority for the administrative costs of certain student loan 
programs from mandatory to discretionary for FY 2006, as 
assumed in your Budget. An accompanying amendment would provide 
discretionary appropriations for these administrative costs.
     A request to provide $20 million for a new grant 
program in the Department of Justice (DOJ) to train public 
defenders, prosecutors, and judges in State capital cases to 
ensure that defendants receive a fair sentence. The proposal is 
fully offset by a proposed reduction within DOJ.
     Several other technical amendments to your FY 2006 
Budget are included in this transmittal for the Departments of 
Agriculture, Health and Human Services, Justice, and the 
Treasury; and the United States-Canada Alaska Rail Commission, 
as described in detail in the enclosures.
Legislative Branch
     This transmittal includes FY 2006 amendments for 
the Senate, Joint Items, and the Medicare Payment Advisory 
Commission. In total, these amendments would increase net 
discretionary resources in the FY 2006 Budget by $1,000.
     In addition, an FY 2005 supplemental proposal is 
included that would provide a total of $485,000 for the Library 
of Congress to cover the costs of establishing the Copyright 
Royalty Judges Program.
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,
                                          Joshua B. Bolten,
                                                          Director.
    Enclosures.
                       DEPARTMENT OF AGRICULTURE


                           Rural Development


                  RURAL COMMUNITY ADVANCEMENT PROGRAM

FY 2006 Budget Appendix Page: 132
FY 2006 Pending Request: $521,689,000
Proposed Amendment: Language
Revised Request: $521,689,000

    (In the appropriations language under this heading, delete 
the closing bracket before the phrase, ``of which $250,000'' in 
the first proviso; and delete the opening bracket before the 
phrase, ``Provided further, That of the amount appropriated for 
rural community programs, $6,350,000''.)
    This proposal is necessary to reflect correctly the policy 
in the FY 2006 Budget regarding funding for rural 
transportation technical assistance in this account.
    The proposed budget totals would not be affected by this 
technical language amendment.
                       DEPARTMENT OF AGRICULTURE


               TITLE VII--GENERAL PROVISIONS, SECTION 721

FY 2006 Budget Appendix Page: 200
FY 2006 Pending Request: - - -
Proposed Amendment: Language
Revised Request: - - -

    (In the appropriations language under the above heading, 
section 721(c) is amended by adding the following before the 
semi-colon: : Provided, That 16 U.S.C. 3841(a)(3) is amended by 
deleting `$6,037,000,000,' and inserting in lieu thereof, 
`$5,997,000,000'.)
    This proposal would amend the pending appropriations 
language to reflect correctly savings assumed in the FY 2006 
Budget. The amendment reduces the 10-year limitation on 
mandatory budget authority for the Conservation Security 
Program to account for the Budget's proposal to permanently 
cancel $40 million in FY 2006.
    The proposed budget totals would not be affected by this 
technical language amendment.
                        DEPARTMENT OF EDUCATION


                           GENERAL PROVISIONS

FY 2006 Budget Appendix Pages: 384-385
FY 2006 Pending Request: - - -
Proposed Amendment: Language
Revised Request: - - -

    (In the appropriations language under the above heading, 
insert the following new provision after Sec. 304.)
    Sec. 305. (a) Notwithstanding section 458 of the Higher 
Education Act of 1965 (20 U.S.C. 1087h), for fiscal year 2006--
          (1) no funds shall be made available under subsection 
        (a)(1) of that section;
          (2) there are authorized to be appropriated 
        $795,000,000 for the administrative costs and account 
        maintenance fees described in subparagraphs (A) and (B) 
        of that subsection, of which $195,000,000 shall only be 
        available for those account maintenance fees; and
          (3) those account maintenance fees shall be 
        calculated in accordance with subsection (b)(2) of that 
        section.
    (b) Notwithstanding section 458(c)(2)(B) of that Act, in 
fiscal year 2006 and thereafter, a guaranty agency--
          (1) shall have a contractual right against the United 
        States for the account maintenance fees calculated 
        under subsection (b)(2) of that section only to the 
        extent of the amount specified for that purpose under 
        paragraph (2) and any amounts that may be transferred 
        in accordance with subsection (c)(2)(A) of that 
        section; and
          (2) shall not have a contractual right against the 
        United States to receive payments for any insufficiency 
        that remains after funds are transferred in accordance 
        with subsection (c)(2)(A) of that section.
    This proposal would change FY 2006 spending authority for 
administrative costs under the William D. Ford Direct Student 
Loan and Federal Family Education Loan (FFEL) programs, and for 
account maintenance fee payments to FFEL guaranty agencies, 
from mandatory to discretionary. An accompanying amendment to 
the Student Aid Administration account would provide 
discretionary appropriations for these purposes.
    While this provision would only affect FY 2006, the 
Administration intends to permanently change all spending 
authority authorized under Section 458 of the Higher Education 
Act (HEA) of 1965 to discretionary. Given budget scorekeeping 
requirements and current tight discretionary spending targets, 
however, the Administration believes that this permanent change 
would be better accomplished within the context of a broader 
revision of budget enforcement legislation, rather than through 
HEA reauthorization or the appropriations process.
    Proposed section 305(b) would clarify that, for FY 2006 and 
thereafter, guaranty agencies are not entitled to account 
maintenance fee payments that exceed the amount available under 
this appropriation and the funding available in the Federal 
Fund. In the upcoming HEA reauthorization, the Administration 
will also propose to include this clarification in the 
authorizing statute.
    Both provisions assume that the current authorization of 
programs under the HEA is extended through FY 2006. The 
authority for many programs authorized under this Act, and the 
administration of these programs, will expire on September 30, 
2005. P.L. 108-366 extended the authorization of these programs 
through fiscal year 2005.
    The proposed budget totals would not be affected by this 
language amendment.
                        DEPARTMENT OF EDUCATION


                 Office of Student Financial Assistance


                       STUDENT AID ADMINISTRATION

FY 2006 Budget Appendix Pages: 364
FY 2006 Pending Request: $939,285,000 (Legislative Proposal)
Proposed Amendment: Language
Revised Request: $939,285,000

    (In the appropriations language under the above heading, 
delete the opening and closing bracket, insert opening and 
closing bracket around ``$120,247,000'' and insert the 
following new provision before the period: $939,285,000, which 
shall remain available through September 30, 2007, of which 
$195,000,000 shall only be for account maintenance fees for 
fiscal year 2006 that are payable to guaranty agencies under 
part B and are calculated in accordance with section 458 of the 
Act.)
    This provision provides discretionary appropriations for 
administrative costs under the William D. Ford Direct Student 
Loan and Federal Family Education Loan (FFEL) programs, and for 
account maintenance fee payments to FFEL guaranty agencies. 
Providing these discretionary appropriations in FY 2006 
corresponds with an accompanying amendment in the Department of 
Education General Provisions, which changes $795 million of 
spending authority for these purposes from mandatory to 
discretionary.
    This provision assumes that the current authorization of 
programs under the Higher Education Act of 1965 is extended 
through FY 2006. The authority for many programs authorized 
under this act, and the administration of these programs, will 
expire on September 30, 2005. P.L. 108-366 extended the 
authorization of these programs through fiscal year 2005.
    The proposed budget totals would not be affected by this 
language amendment.
                DEPARTMENT OF HEALTH AND HUMAN SERVICES


               Centers for Medicare and Medicaid Services


                  PAYMENTS TO HEALTH CARE TRUST FUNDS

FY 2006 Budget Appendix Page: 449
FY 2006 Request: $183,039,100,000
Proposed Amendment: -$5,216,900,000
Revised Request: $177,822,200,000

    This amendment corrects the amount requested in the FY 2006 
Budget for this appropriated entitlement, which inadvertently 
included $5.2 billion in the appropriations request that was 
provided as an advance appropriation for FY 2006 in the 2005 
Appropriations Act.
    The proposed budget totals would not be affected by this 
technical amendment.
                         DEPARTMENT OF JUSTICE


          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

FY 2006 Budget Appendix Page: 697
FY 2006 Pending Request: $923,613,000
Proposed Amendment: -$120,000,000
Revised Request: $803,613,000

    This proposal is necessary to reflect correctly the amount 
requested in the FY 2006 Budget for this account. The 
appropriations language for the account inadvertently included 
an additional $120 million in discretionary budget authority to 
collect user fees from explosives produced in or imported into 
the United States that was already included in a separate 
legislative proposal.
    The proposed budget totals would not be affected by this 
technical amendment.
                         DEPARTMENT OF JUSTICE


                       Office of Justice Programs


                           JUSTICE ASSISTANCE

FY 2006 Budget Appendix Pages: 703-704
FY 2006 Pending Request: $1,119,477,000
Proposed Amendment: $20,000,000
Revised Request: $1,139,477,000

    (In the first unnumbered paragraph of the appropriations 
language under the above heading, delete ``$1,214,977,000'' and 
substitute $1,234,977,000;
    in paragraph (2) delete ``$426,101,000'' and substitute 
$446,101,000; and
    at the end of paragraph (2), after subparagraph (P), add 
the following new subparagraph Q: (Q) $20,000,000 for a Capital 
Litigation Improvement Grant program;.)
    This amendment is necessary to reflect correctly an 
initiative to provide for a new grant program to train public 
defenders, prosecutors, and judges in State capital cases to 
ensure that defendants receive a fair sentence.
    An accompanying amendment proposes the cancellation of an 
additional $20 million in unobligated balances in the Community 
Oriented Policing Services account to offset this increased 
spending.
    This amendment would increase FY 2006 outlays by $4 
million.
                         DEPARTMENT OF JUSTICE


                       Office of Justice Programs


                  COMMUNITY ORIENTED POLICING SERVICES

FY 2006 Budget Appendix Pages: 708-709
FY 2006 Pending Request: $22,281,000 (Net)
Proposed Amendment: -$20,000,000
Revised Request: $2,281,000 (Net)

    (In the last paragraph of the appropriations language under 
the above heading, delete ``$95,500,000'' and substitute 
$115,500,000.)
    This proposal would increase the cancellation of 
unobligated balances in this account by $20 million. These 
resources would offset the additional funding proposed for the 
Capital Litigation Grant Program in the Justice Assistance 
account, as described in an accompanying amendment.
    This amendment would decrease FY 2006 outlays by $1 
million.
                       DEPARTMENT OF THE TREASURY


                          Departmental Offices


                         SALARIES AND EXPENSES

FY 2006 Budget Appendix Page: 851
FY 2006 Pending Request: $195,253,000
Proposed Amendment: Language
Revised Request: $195,253,000

    (In the appropriations language under the above heading, in 
the first proviso insert brackets around ``further'' and delete 
``not to exceed $100,000 for official reception'' and 
substitute not to exceed $150,000 for official reception.)
    This proposal is necessary to reflect correctly the policy 
in the FY 2006 Budget regarding the Department of the 
Treasury's official reception and representation expenses.
    The proposed budget totals would not be affected by this 
technical amendment.
              UNITED STATES-CANADA ALASKA RAIL COMMISSION


                         SALARIES AND EXPENSES

Appendix Page: 1234
FY 2006 Pending Request: - - -
Proposed Amendment: Language
Revised Request: - - -

    (Delete the appropriations language under the above 
heading.)
    This proposal is necessary to reflect correctly the policy 
in the FY 2006 Budget regarding the cancellation of unobligated 
balances in this account.
    The proposed budget totals would not be affected by this 
technical amendment.
                           LEGISLATIVE BRANCH


                                 Senate


                          MISCELLANEOUS ITEMS

FY 2006 Budget Appendix Page: 15
FY 2006 Pending Request: $18,344,000
Proposed Amendment: -$18,000
Revised Request: $18,326,000

    This proposal would decrease the pending request by $18,000 
for Miscellaneous Items. FY 2006 outlays would decrease by the 
same amount.
                           LEGISLATIVE BRANCH


                                 Senate


           CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE

FY 2006 Budget Appendix Page: 19
FY 2006 Pending Request: $4,268,000
Proposed Amendment: -$170,000
Revised Request: $4,098,000

    This proposal would decrease the pending request by 
$170,000 for the Capitol Guide Service and Special Services 
Office. FY 2006 outlays would decrease by the same amount.
                           LEGISLATIVE BRANCH


               Legislative Branch Boards and Commissions


      MEDICARE PAYMENT ADVISORY COMMISSION, SALARIES AND EXPENSES

FY 2006 Budget Appendix Page: 42
FY 2006 Pending Request: $9,979,000
Proposed Amendment: $189,000
Revised Request: $10,168,000

    This proposal would correct an inadvertent error in the FY 
2006 Budget and reflect correctly the Budget request for the 
Medicare Payment Advisory Commission, Salaries and Expenses 
(MedPAC). The $189,000 increase is consistent with MedPAC's 
budget justification submitted to the Congress.
    FY 2006 outlays would increase by the same amount.
                           LEGISLATIVE BRANCH


                          Library of Congress


                COPYRIGHT OFFICE, SALARIES AND EXPENSES

    For expenses necessary to carry out the Copyright Royalty 
and Distribution Reform Act of 2004, $485,000, which shall 
remain available until expended, exclusively for the Copyright 
Royalty Judges program under chapter 8 of title 17, United 
States Code.
    The Library of Congress is requesting a supplemental 
appropriation of $485,000 for Salaries and Expenses for the 
Copyright Office's Copyright Royalty Judges Program for FY2005. 
This supplemental will cover the costs of the program from May 
30, 2005, the effective date of the program, to September 30, 
2005.
    The Copyright Royalty Judges Program was created by the 
Copyright Royalty and Distribution Reform Act of 2004, P.L. 
108-419, enacted November 30, 2004, and will take effect six 
months after the date of enactment or May 30, 2005. It replaces 
the current Copyright Arbitration Royalty Panels program with 
Copyright Royalty Judges, who will set rates and terms for the 
statutory licenses in the Copyright Act (with the exception of 
the satellite licenses) and determine the distribution of 
royalty fees collected by the Copyright Office. This is a new 
program in the Library of Congress and was not included in the 
Library's FY 2005 Budget.
    The Library anticipates the requested funding will be 
obligated during the period of May 30, 2005, through September 
30, 2005, but this request would not affect FY 2005 outlays.

                                  
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