[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.