[House Document 112-99]
[From the U.S. Government Publishing Office]
112th Congress, 2d Session - - - - - - - - - - - - House Document 112-99
REQUESTS FOR FY 2013 BUDGET AMENDMENTS
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
FY 2013 BUDGET AMENDMENTS FOR THE DEPARTMENTS OF DEFENSE, HEALTH AND
HUMAN SERVICES, HOMELAND SECURITY, HOUSING AND URBAN DEVELOPMENT, STATE
AND OTHER INTERNATIONAL PROGRAMS, AS WELL AS THE CORPS OF ENGINEERS
April 23, 2012.--Referred to the Committee on Appropriations and
ordered to be printed
The White House,
Washington, April 16, 2012.
Hon. John Boehner,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: I ask the Congress to consider the
enclosed Fiscal Year (FY) 2013 Budget amendments for the
Departments of Defense, Health and Human Services, Homeland
Security, Housing and Urban Development, State and Other
International Programs, as well as the Corps of Engineers. Also
included is an amendment to a Government-wide general
provision. These amendments will not increase the overall
discretionary budget authority in my FY 2013 Budget.
In addition, this transmittal contains FY 2013 amendments
for the Legislative Branch. As a matter of comity and per
tradition, these appropriations requests for the Legislative
Branch are transmitted without change.
These amendments are necessary to reflect correctly
policies assumed in the FY 2013 Budget. The details of these
amendments are set forth in the enclosed letter from the Acting
Director of the Office of Management and Budget.
Sincerely,
Barack Obama.
Enclosure.
[Estimate No. 1, 112th Cong., 2d sess.]
Executive Office of the President,
Office of Management and Budget,
Washington, DC, April 16, 2012.
The President,
The White House.
Submitted for your consideration are amendments to your
Fiscal Year (FY) 2013 Budget for the Departments of Defense,
Health and Human Services, Homeland Security, Housing and Urban
Development, State and Other International Programs, as well as
the Corps of Engineers. Also included is an amendment to a
Government-wide general provision. These amendments are
necessary to correctly reflect policies assumed in your FY 2013
Budget. The proposed Budget totals would not be affected by
these requests.
In a letter dated February 29, 2012, the Office of
Management and Budget provided advance notice to the Congress
of an aforementioned Department of Homeland Security (DHS)
technical amendment so that it could be considered before the
Congressional Budget Office completed action on its reestimate
of your FY 2013 Budget. The proposed amendment would eliminate
a U.S. Customs and Border Protection general provision
inadvertently included in the Budget. The provision would make
particular fee collections available for expenditure that were
already assumed to be collected under current law. Maintaining
this provision would likely result in an unintended cost in the
budget year as well as in the outyears.
This transmittal also contains FY 2013 amendments for the
Legislative Branch. As a matter of comity and per tradition,
these appropriations requests for the Legislative Branch are
transmitted without change.
Recommendation
I have reviewed these amendments 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,
Jeffrey D. Zients,
Acting Director.
Enclosures.
GENERAL PROVISIONS GOVERNMENT-WIDE
FY 2013 Budget Appendix Pages: 12
FY 2013 Pending Request: --
Proposed Revision: Language
Revised Request: --
(In the appropriations language under the above heading,
delete section 729 and renumber the subsequent sections
accordingly.)
This amendment would remove language that was inadvertently
retained from the FY 2012 enacted appropriations legislation.
This provision prohibits the use of appropriated funds in
contravention of the Privacy Act and is unnecessary because the
Privacy Act is already applicable. The amendment would reflect
correctly the policy assumed in the FY 2013 Budget.
The proposed FY 2013 Budget totals would not be affected by
this technical language amendment.
DEPARTMENT OF DEFENSE
TITLE VIII--GENERAL PROVISIONS
FY 2013 Budget Appendix Page: 337
FY 2013 Pending Request: --
Proposed Amendment: Language
Revised Request: --
(In the appropriations language under the above heading, in
section 8046 insert an opening bracket just after ``Act'' and
immediately before ``for'', insert a closing bracket
immediately after ``maintenance'', insert the phrase and
transfers just after ``remittances'' and immediately before
``to'', and delete the proviso.)
This amendment would modify the proposed language in the
Budget in order to clarify that the transfer authority provided
to the Secretary of Defense for the Defense Acquisition
Workforce Development Fund in this section would apply only to
funds appropriated for FY 2013. Without this amendment, the
transfer authority could be interpreted as a request for a
reappropriation of funds for prior fiscal years.
This amendment would reflect correctly the policy assumed
in the FY 2013 Budget. The proposed FY 2013 Budget totals would
not be affected by this language amendment.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
OFFICE OF THE DIRECTOR
FY 2013 Budget Appendix Page: 489
FY 2013 Pending Request: --
Proposed Amendment: Language
Revised Request: --
(In the appropriations language under the above heading,
delete ``213'' and substitute 212.)
This amendment would provide the correct section number of
a general provision referenced in the language and reflect
accurately the policy assumed in the FY 2013 Budget.
The proposed FY 2013 Budget totals would not be affected by
this technical language amendment.
DEPARTMENT OF HOMELAND SECURITY
Customs and Border Protection
AUTOMATION MODERNIZATION
FY 2013 Budget Appendix Page: 558
FY 2013 Pending Request: $140,790,000
Proposed Amendment: $4,000
Revised Request: $140,794,000
(In the appropriations language under the above heading,
delete ``$140,790,000'' and substitute $140,794,000.)
This amendment would correct the appropriations request for
the Customs and Border Protection, Automation Modernization
account by $4,000 to reflect accurately the policy assumed in
the FY 2013 Budget.
The proposed FY 2013 Budget totals would not be affected by
this technical amendment.
DEPARTMENT OF HOMELAND SECURITY
GENERAL PROVISIONS
FY 2013 Budget Appendix Pages: 600-601
FY 2013 Pending Request: --
Proposed Revision: Language
Revised Request: --
(In the appropriations language under the above heading,
delete section 542 and renumber the subsequent sections
accordingly.)
This amendment would remove language (section 542) that was
inadvertently included in the FY 2013 Budget for the Department
of Homeland Security's U.S. Customs and Border Protection.
Section 542 would make available ``hereafter'' fees that will
be collected pursuant to the United States-Colombia Trade
Promotion Agreement Implementation Act of 2011 (P.L. 112-42)
through a provision (section 601 of that Act) that eliminated
country-exemptions for Mexico and Canada from customs user
fees. The United States-Colombia Trade Promotion Agreement
included language authorizing the collection of these fees and
making their spending subject to appropriation (``shall be
available only to the extent provided in appropriations
Acts'').
OMB's statutory PAYGO estimate included $55 million in
additional collections in FY 2012, $114 million in FY 2013, and
$994 million from FYs 2012 through 2021 due to the elimination
of the customs user fee exemptions. Because section 542 would
make fees available for obligation that are already assumed in
the baseline to be collected under current law, section 542
would result in unintended budget authority that would likely
be more than $100 million in FY 2013 and up to an additional $1
billion between FYs 2014 and 2021. Deletion of section 542
would correctly reflect the policy in the President's FY 2013
Budget request.
The proposed FY 2013 Budget totals would not be affected by
this technical language amendment.
DEPARTMENT OF HOMELAND SECURITY
GENERAL PROVISIONS
FY 2013 Budget Appendix Pages: 601
FY 2013 Pending Request: --
Proposed Revision: Language
Revised Request: --
(In the appropriations language under the above heading,
delete the language in subparagraph (a) of the newly renumbered
section 542 and substitute the following new language:)
Notwithstanding section 58c(e) of title 19, United States
Code, upon the request of any persons, the Commissioner of U.S.
Customs and Border Protection (CBP) may enter into reimbursable
fee agreements for a period of up to 10 years with such persons
for the provision of CBP services and any other costs incurred
by CBP relating to such services. Such requests may include
additional CBP services at existing CBP-serviced facilities,
the provision of CBP services at new facilities and
preclearance locations, and expanded CBP services at land
border facilities.
(Add the following new language in subparagraphs (b) and
(d) immediately after ``pursuant to'' and just before ``this
section'' in both instances:)
any agreement entered into under
This amendment would identify for purposes of entering into
reimbursable fee agreements the types of services that could be
performed and the lengths of agreements that may be entered
into by U.S. Customs and Border Protection, and would reflect
correctly the policy assumed in the FY 2013 Budget.
The proposed FY 2013 Budget totals would not be affected by
this technical language amendment.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
GENERAL PROVISIONS--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FY 2013 Budget Appendix Page: 667
FY 2013 Pending Request: --
Proposed Amendment: Language
Revised Request: --
(In the appropriations language under the above heading,
insert the following new section:)
Sec. 236. EXCEPTION TO AFFORDABLE HOUSING QUALIFICATION FOR
MULTIFAMILY HOUSING SECURING LOANS MADE BY CERTAIN ENTITIES.
Section 542(b)(9) of the Housing and Community Development Act
of 1992 (12 U.S.C. 1715z-22(b)(9)) is amended by inserting
after the period at the end the following: ``This requirement
does not apply to housing securing loans made to increase the
availability of capital to small multifamily rental properties
by entities approved by the Secretary as having demonstrated
experience in making loans for low and moderate income
multifamily housing.''.
This amendment would insert proposed language that was
inadvertently omitted from the FY 2013 Budget and would be
consistent with the loan volume numbers reflected in the FY
2013 Budget. The requested language would provide more flexible
authority for the use of Federal Housing Administration (FHA)
risk sharing under Section 542(b) with Qualified Participating
Entities, including State Housing Finance Agencies and
Community Development Financial Institutions for small
multifamily properties and would reflect correctly the policy
assumed in the FY 2013 Budget. Furthermore, the authority
requested in section 229 for Ginnie Mae securitization of
Section 542(b) risk share loans for small multifamily
properties would also be dependent on this requested FHA
authority.
The proposed FY 2013 Budget totals would not be affected by
this technical language amendment.
DEPARTMENT OF STATE AND OTHER INTERNATIONAL PROGRAMS
MILLENNIUM CHALLENGE CORPORATION
FY 2013 Budget Appendix Page: 883
FY 2013 Pending Request: --
Proposed Amendment: Language
Revised Request: --
(In the appropriations language under the above heading,
delete ``2012'' in the second proviso and substitute 2013.)
This amendment would correct the fiscal year of
availability for purposes of carrying out section 616 of the
Millennium Challenge Act of 2003, and would reflect correctly
the policy assumed in the FY 2013 Budget.
The proposed FY 2013 Budget totals would not be affected by
this technical language amendment.
DEPARTMENT OF STATE AND OTHER INTERNATIONAL PROGRAMS
International Security Assistance
ECONOMIC SUPPORT FUND
FY 2013 Budget Appendix Page: 884
FY 2013 Pending Request: --
Proposed Amendment: Language
Revised Request: --
(In the appropriations language under the above heading,
add the following new language in the last proviso just after
``heading'' and immediately before ``may'':)
, or under the ``Assistance for Europe, Eurasia and Central
Asia'' heading in prior year Acts.
This amendment would make available for contribution to the
endowment of the Auschwitz-Birkenau Foundation two-year
Assistance for Europe, Eurasia and Central Asia (AEECA) funds
appropriated for this purpose in fiscal year 2012. This
authority is legally required to make this contribution. The
enacted fiscal year 2012 Department of State, Foreign
Operations, and Related Programs Appropriations Act did not
provide the requested AEECA authority, although the President's
2012 Budget request was fully funded and report language
expressed support for all AEECA allocations. This request for
prior-year AEECA contribution authority is in addition to the
request to make FY 2013 Economic Support Fund available for the
same purpose.
This request would reflect correctly the policy assumed in
the FY 2013 Budget. The proposed FY 2013 Budget totals would
not be affected by this technical language amendment.
DEPARTMENT OF STATE AND OTHER INTERNATIONAL PROGRAMS
International Security Assistance
PEACEKEEPING OPERATIONS
FY 2013 Budget Appendix Page: 888
FY 2013 Pending Request: --
Proposed Amendment: Language
Revised Request: --
(In the appropriations language under the above heading,
add a new closing bracket immediately before the colon
following the second proviso; add a new opening bracket
immediately after ``Somalia''; and, in the third proviso,
delete ``of the'' and substitute funds transferred to or, and
delete ``, up to $91,818,000'' and substitute in this or prior
Acts.)
This amendment would restore language that was
inadvertently deleted from the Peacekeeping Operations language
request. The language provides the Administration the
flexibility to respond to events in Somalia and would reflect
correctly the policy assumed in the FY 2013 Budget.
The proposed FY 2013 Budget totals would not be affected by
this technical language amendment.
DEPARTMENT OF STATE AND OTHER INTERNATIONAL PROGRAMS
GENERAL PROVISIONS
FY 2013 Budget Appendix Page: 941-950
FY 2013 Pending Request: --
Proposed Amendment: Language
Revised Request: --
(In the appropriations language under the above heading, in
section 7024 insert the following new subsection:)
(m) Near East Regional Democracy.--Funds appropriated in
this or prior appropriations Acts for assistance to fund
fellowships and scholarships and exchanges for foreign academic
professionals and foreign university students may be made
available for such purposes for Near East countries
notwithstanding any other provision of law.
This amendment would insert language that was included in
the FY 2012 Budget request. It would allow funds to be used to
support programs that strengthen democratic organizations and
institutions in the Near East, reflecting correctly the policy
assumed in the Budget.
(In the appropriations language under the above heading,
remove the opening bracket immediately following the section
number 7028(b)[(2)]; in the first proviso, insert a new opening
bracket immediately after ``to support programs in Burma'' and
just before the colon, insert opening and closing brackets
around ``shall'', remove the closing bracket, and insert a new
closing bracket just before the period.)
This amendment would relocate opening and closing brackets
that were misplaced in the language to allow certain assistance
to Burma, reflecting correctly the policy assumed in the FY
2013 Budget.
(In the appropriations language under the above heading, in
section 7030(a)([2]1)(A), delete ``by this Act'' and add the
following new language immediately after the period:)
Funds appropriated or otherwise made available for
assistance for Afghanistan may be made available as a United
States contribution to other multi-donor trust funds.
This amendment would provide the Department of State the
flexibility to make contributions in the future to the Asian
Development Bank's infrastructure trust fund and reflect
correctly the policy assumed in the FY 2013 Budget.
The proposed FY 2013 Budget totals would not be affected by
these technical language amendments.
CORPS OF ENGINEERS
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
FY 2013 Budget Appendix Page: 1174
FY 2013 Pending Request: --
Proposed Amendment: Language
Revised Request: --
In the appropriations language under the above heading, in
section 105, delete the opening and closing brackets and
renumber the section as 104.)
This amendment would remove deletion brackets inadvertently
included for this section. This provision would provide the
Corps of Engineers the authority to take interim actions to
control the spread of Asian Carp within the Mississippi River
and Great Lake Basins, and would reflect correctly the policy
assumed in the FY 2013 Budget.
(In the appropriations language under the above heading, in
section 107, delete the opening and closing brackets, delete
$3,800,000'' and substitute $4,300,000, renumber the section as
105, and renumber the subsequent section accordingly.)
This amendment would remove deletion brackets inadvertently
included for this section and correctly identify mitigation
activity costs. This provision would provide the Corps of
Engineers the authority to reimburse the U.S. Fish and Wildlife
Service up to $4.3 million for mitigation activities for
fisheries lost as a result of Corps of Engineers projects, and
would reflect correctly the policy assumed in the FY 2013
Budget.
The proposed FY 2013 Budget totals would not be affected by
these technical language amendments.
LEGISLATIVE BRANCH
Office of Compliance
ADMINISTRATIVE PROVISION
FY 2013 Budget Appendix Page: 22
FY 2013 Pending Request: --
Proposed Amendment: Language
Revised Request: --
(In the appropriations language under the above bureau,
insert the above new heading and the following new language
just after the Bodoni dash and immediately before the heading
``Congressional Budget Office'':)
Sec. 1100. Section 2107 of title 5, United States Code, is
amended--
(1) by deleting ``and'' after paragraph (8);
(2) by striking the period after paragraph (9) and
inserting a semi-colon followed by ``and''; and
(3) by adding at the end the following new paragraph:
``(10) an employee of the Office of Compliance.''.
This amendment would insert an Administrative Provision for
the Office of Compliance. The provision was not submitted in
time for inclusion in the FY 2013 Budget. The increase to the
proposed FY 2013 Budget totals as a result of this request
would be negligible (significantly less than $500,000).
LEGISLATIVE BRANCH
Architect of the Capitol
ADMINISTRATIVE PROVISIONS
FY 2013 Budget Appendix Page: 30
FY 2013 Pending Request: --
Proposed Amendment: Language
Revised Request: --
(In the appropriations language under the above heading in
section 1202, delete the remaining section numbering and
lettering.)
This amendment would delete the remaining portion of
section 1202 that was inadvertently retained. The proposed FY
2013 Budget totals would not be affected by this technical
language amendment.