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[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.

                                  
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