```

[House Document 108-125]
[From the U.S. Government Publishing Office]

                                     

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
                                           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.
               [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 
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.
                        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.

                       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.
                    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.
              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.

                    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
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
                           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.
                           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.
                           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.
                           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 services 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.
                           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.

                      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.

                                

```