U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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19–012 2003

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


E:\Seals\Congress.#13
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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.

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[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 

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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.

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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.

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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.

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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.

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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.

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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

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Project name Reduction 

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

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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.

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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.

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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.

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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 servVerDate jul 14 2003 02:13 Sep 17, 2003 Jkt 019012 PO 00000 Frm 00016 Fmt 6602 Sfmt 6603 E:\HR\OC\HD125.XXX HD125
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ices 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.

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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.

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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.

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