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[House Document 111-104]
[From the U.S. Government Publishing Office]

111th Congress, 2d Session - - - - - - - - - - - - House Document 111-104

 
                  REQUEST FOR FY 2011 BUDGET AMENDMENT

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

     FY 2011 BUDGET AMENDMENTS FOR THE DEPARTMENT OF TRANSPORTATION

   April 15, 2010.--Message and accompanying papers referred to the 
         Committee on Appropriations and ordered to be printed
                                           The White House,
                                         Washington, April 5, 2010.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
    Dear Madam Speaker: I ask the Congress to consider the 
enclosed amendment to Fiscal Year (FY) 2010 proposals in my FY 
2011 Budget. In particular, I am requesting authority to allow 
the Department of Defense to transfer up to $50 million of 
funds that will expire in FY 2010 to the Department of 
Transportation's Maritime Administration for improvements to 
the Port of Guam. Modernization of the Port is a critical 
prerequisite for the military construction program supporting 
the realignment of U.S. Marine Corps forces from Japan to Guam, 
a part of the overall U.S. strategy for military forces in the 
Pacific region.
    In addition, this transmittal contains a FY 2010 proposal 
for the Legislative Branch. As a matter of comity between 
branches, appropriations requests of the Legislative Branch are 
transmitted without change.
    The details of this amendment are set forth in the enclosed 
letter from the Director of the Office of Management and 
Budget.
            Sincerely,
                                                      Barack Obama.
    Enclosure.
                [Estimate No. 4, 111th Cong., 2d Sess.]

                 Executive Office of the President,
                           Office of Management and Budget,
                                     Washington, DC, April 5, 2010.
The President,
The White House.
    Submitted for your consideration is an amendment to the 
Fiscal Year (FY) 2010 proposals in your FY 2011 Budget. The 
amendment is for the Department of Defense and Transportation 
and is described in more detail in the enclosure.
    This request would provide the authority for the Department 
of Defense to transfer up to $50 million of funds that will 
expire in FY 2010 to the Department of Transportation Maritime 
Administration's Port of Guam Improvement Enterprise Fund for 
capital improvements to the Port of Guam. The Port 
modernization is critical to national security, as the Port's 
operational capacity must be increased to meet the requirements 
of the on-going military construction program for the 
realignment of U.S. Marine Corps forces from Japan to Guam. The 
proposed total budget authority for FY 2010 in the FY 2011 
Budget would not be affected by this amendment.
    In addition, this transmittal contains a FY 2010 proposal 
for the Legislative Branch. As a matter of comity between 
branches, appropriations requests of the Legislative Branch are 
transmitted without change.
Recommendation
    I have carefully reviewed this request and am satisfied 
that it is necessary at this time. Therefore, I join the heads 
of the affected Departments in recommending you transmit this 
proposal to the Congress.
            Sincerely,
                                           Peter R. Orszag,
                                                          Director.
    Enclosure.
          FY 2010 Supplemental Proposal in the FY 2011 Budget

                         DEPARTMENT OF DEFENSE

                           GENERAL PROVISIONS

Estimate #3 Submitted March 24, 2010, Page: 11
FY 2011 Budget Appendix Page: 1362
FY 2010 Pending Supplemental Request: --
Proposed Amendment: Language
FY 2010 Revised Supplemental Request: --

(In the appropriations language under the above heading, insert 
the following new section immediately following section 12:)

    Sec. 13. (a) Notwithstanding any other provision of law, 
from funds available to the Department of Defense, the 
Secretary of Defense may transfer an amount not to exceed 
$50,000,000 to the Port of Guam Improvement Enterprise Fund 
established by section 3512 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417): Provided, That funds transferred under this section shall 
be merged with and available for obligation for the same time 
period and for the same purposes as the appropriation to which 
transferred: Provided further, That only funds that would 
otherwise expire at the end of fiscal year 2010 and that are 
appropriated to the Department of Defense in this Act or any 
prior appropriation act may be transferred: Provided further, 
That these funds may be transferred by the Secretary of Defense 
only if he determines such amounts are required to improve 
facilities, relieve port congestion, and provide greater access 
to port facilities: Provided further, That no amounts may be 
transferred from amounts that were designated by the Congress 
as an emergency requirement or as appropriations for overseas 
deployments and other activities pursuant to the Concurrent 
Resolution on the Budget or the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.
    (b) Any amounts transferred pursuant to this section shall 
be available to the Secretary of Transportation, acting through 
the Administrator of the Maritime Administration, to carry out 
under the Port of Guam Improvement Enterprise Program planning, 
design, and construction of projects for the Port of Guam to 
improve facilities, relieve port congestion, and provide 
greater access to port facilities.
    (c) The transfer authority in this section is in addition 
to any other transfer authority available to the Department of 
Defense.
    (d) The Secretary shall, not fewer than five days prior to 
making transfers under this authority, notify the congressional 
defense committees in writing of the details of any such 
transfer.
    This provision would enable the Department of Defense to 
provide funding to the Department of Transportation's Port of 
Guam Improvement Enterprise Fund for the planning, design, and 
construction of projects for the Port of Guam to improve 
facilities, relieve port congestion, and provide greater access 
to port facilities. Section 3512 of the FY 2009 National 
Defense Authorization Act (Public Law 110-417) designated the 
Department of Transportation's Maritime Administration (MARAD) 
as the lead Federal agency for all aspects of the Port of Guam 
Improvement Enterprise Program and established the Port of Guam 
Improvement Enterprise Fund. MARAD provides oversight and 
management for all Federal and non-Federal contributions to the 
Port of Guam modernization effort through the Enterprise Fund.
    The provision would authorize the transfer of up to $50 
million of funds made available to the Department of Defense 
that will expire in FY 2010 to MARAD for the purposes of 
funding capital improvements to the Port of Guam, including 
critical modernization and repair. The Port of Guam's 
capabilities are critical to national defense as demonstrated 
by the U.S. military's reliance on this port to ship goods and 
supplies to military bases located on Guam. The Port was 
designated a ``strategic port'' in September 2009 and port 
modernization will benefit both the military and commercial 
activities and enable the Port to fulfill its role in handling 
increased cargo volumes during periods of military deployment. 
In addition, the Port of Guam's throughput requirement will 
significantly increase in the near term because of 
construction-related supplies, materials, and equipment that 
must be shipped through the Port to support the construction 
efforts associated with the U.S. Marine Corps relocation to 
Guam.
    The proposed total budget authority for FY 2010 in the FY 
2011 Budget would not be affected by this amendment.
          FY 2010 Supplemental Proposal in the FY 2011 Budget

                           LEGISLATIVE BRANCH

                             Capitol Police

                            GENERAL EXPENSES

Estimate #3 Submitted March 24, 2010, Page: 1
FY 2011 Budget Appendix Page: 1345
FY 2010 Pending Supplemental Request: --
Proposed Amendment: $15,956,000
FY 2010 Revised Supplemental Request: $15,956,000

(In the appropriations language, insert the above new agency, 
bureau and heading and the following new language just after 
the Bodoni dash and immediately before the heading ``Department 
of Agriculture'':)

    For an additional amount for ``Capitol Police, General 
Expenses'' to purchase and install and implement the indoor 
coverage portion of the new radio system for the Capitol 
Police, $15,956,000, to remain available until September 30, 
2012: Provided, That the Chief of the Capitol Police may not 
obligate any of the funds appropriated under this heading 
without approval of an obligation plan by the Committees on 
Appropriations of the Senate and the House of Representatives.
    This proposal would enable the U.S. Capitol Police to 
include the indoor coverage for the new VHF trunked radio 
system in order to achieve adequate in-buildings, garages, 
basements and in-tunnels radio coverage throughout the Capitol 
campus.
    This proposal would increase the outlay for FY 2010 by $16 
million.

                                  
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