U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

39–012 2005

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 


E:\Seals\Congress.#13
(1) 

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. 

(3) 

[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 

4 

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. 

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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. 

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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. 

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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 

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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. 

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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. 

10 

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. 

11 

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. 

12 

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. 

13 

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. 

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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. 

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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. 

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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. 

17 

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. 

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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. 

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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 appropria- tion 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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