[House Document 110-124]
[From the U.S. Government Publishing Office]




110th Congress, 2d Session - - - - - - - - - - - House Document 110-124
 
                    A REQUEST FOR BUDGET AMENDMENTS

                          FOR FISCAL YEAR 2009

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

     A REQUEST FOR FY 2009 BUDGET AMENDMENTS FOR THE DEPARTMENT OF 
AGRICULTURE, ENERGY, HOMELAND SECURITY, HOUSING AND URBAN DEVELOPMENT, 
 THE INTERIOR, LABOR, TRANSPORTATION, AND THE TREASURY; AS WELL AS THE 
CORPS OF ENGINEERS, THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, 
                 AND THE OFFICE OF PERSONNEL MANAGEMENT




June 17, 2008.--Referred to the Committee on Appropriations and ordered 
                             to be printed
                                           The White House,
                                          Washington, June 9, 2008.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
    Dear Madam Speaker: I ask the Congress to consider the 
enclosed amendments to my FY 2009 Budget requests for the 
Departments of Agriculture, Energy, Homeland Security, Housing 
and Urban Development, the Interior, Labor, Transportation, and 
the Treasury; as well as the Corps of Engineers, the National 
Aeronautics and Space Administration, and the Office of 
Personnel Management. These amendments will decrease by $3 
million the overall discretionary budget authority in my FY 
2009 Budget.
    These amendments are necessary to correctly reflect 
policies proposed in my FY 2009 Budget. The details of these 
amendments are set forth in the enclosed letter from the 
Director of the Office of Management and Budget.
            Sincerely,
                                                    George W. Bush.
                [Estimate No. 4, 110th Cong., 2d Sess.]

                 Executive Office of the President,
                           Office of Management and Budget,
                                      Washington, DC, June 9, 2008.
The President,
The White House.
    Submitted for our consideration are amendments to your FY 
2009 Budget for the Departments of Agriculture, Energy, 
Homeland Security, Housing and Urban Development, the Interior, 
Labor, Transportation, and the Treasury; as well as the Corps 
of Engineers, the National Aeronautics and Space Administration 
(NASA), and the Office of Personnel Management. These 
amendments are necessary to correctly reflect policies assumed 
in your FY 2009 Budget. They will also decrease by $3 million 
the overall discretionary budget authority in your FY 2009 
Budget.
    In a letter dated February 15, 2008, the Office of 
Management and Budget provided advance notice to the Congress 
of the aforementioned NASA amendment so that it could be 
considered before the Congressional Budget Office completed 
action on their Reestimate of your Budget. The proposed 
amendment clarifies the pending language that would allow NASA 
to disburse funds for the purpose of liquidating obligations 
related to the closeout of the Space Shuttle contracts. In the 
absence of such clarification, it could have been assumed that 
the pending language was requesting a reappropriation of funds.
Recommendation
    I have reviewed these amendments and am satisfied that they 
are necessary at this time. Therefore, I join the heads of the 
affected agencies in recommending that you transmit the 
amendments to the Congress.
            Sincerely,
                                                Jim Nussle,
                                                          Director.
    Enclosures.
                       DEPARTMENT OF AGRICULTURE


                           GENERAL PROVISIONS

FY 2009 Budget Appendix Page: 199
FY 2009 Pending Request: --
Proposed Amendment: Language
Revised Request: --

    (In section 713 under the above heading, delete 
``unobligated balances'' and substitute funding.)
    This amendment would clarify the intent to cancel $293 
million of available budgetary resources. The administration 
proposed a $293 million cancellation of mandatory unobligated 
balances in the Section 32 program. Although there are 
sufficient budgetary resources in this account available for 
cancellation, there might be a question as to which of these 
resources are unobligated balances and which are new budget 
authority because of the mandatory nature of the funds.
    The proposed Budget totals would not be affected by this 
language amendment.
                       DEPARTMENT OF AGRICULTURE


                           GENERAL PROVISIONS

FY 2009 Budget Appendix Page: 201
FY 2009 Pending Request: --
Proposed Amendment: Language
Revised Request: --

    (In the appropriations language under the above heading, 
insert the following new paragraph immediately after the 
language in Sec. 717 and before the opening parenthesis of the 
bill citation:)
    Sec. 718. Section 739 of the Agriculture, Rural 
Development. Food and Drug Administration, and Related Agencies 
Appropriation Act, 2001 (H.R. 5426 as enacted by Public Law 
106-387, 114 Stat. 1549A-34) is amended by striking ``2 
percent'' and inserting ``3 percent''.
    This request would amend the Department of Agriculture's 
(USDA's) General provisions by adding section 718, which was 
omitted inadvertently from the FY 2009 Budget. This provision 
would allow for the guarantee fee on USDA's single-family 
housing guaranteed loans to be increased to three percent from 
two percent, and would cause the loans to be less costly for 
the Government without a significant additional burden to the 
borrower.
    The proposed Budget totals would not be affected by this 
language amendment.
                          DEPARTMENT OF ENERGY


                            Energy Programs


                 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

FY 2009 Budget Appendix Page: 395
FY 2009 Pending Request: --
Proposed Amendment: Language
Revised Request: --

    (In the appropriations language under the above heading, 
delete ``or FutureGen'' from the third proviso.)
    This amendment would eliminate the requirement that 
projects funded in the FutureGen program have the Federal share 
of project funding appropriated in full at the time of 
selection. This provision would provide the Secretary of Energy 
with the discretion to fully fund FutureGen projects or to fund 
them incrementally. If the Department of Energy decides to fund 
them incrementally, the Department's program regulations and 
contracts will ensure that the Department does not incur 
obligations in excess of the appropriated amounts that are 
available to cover those obligations.
    The proposed Budget totals would not be affected by this 
language amendment.
                    DEPARTMENT OF HOMELAND SECURITY


                 Departmental Management and Operations


 DEPARTMENTAL OPERATIONS, OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

FY 2009 Budget Appendix Page: 475
FY 2009 Pending Request: $320,093,000
Proposed Amendment: $86,000
Revised Request: $320,179,000

    This amendment would increase the Departmental Operations, 
Office of the Under Secretary for Management account by $86 
thousand to reflect correctly the increase to the account 
provided by the Department of Defense for National Intelligence 
Programs.
    The proposed Budget totals would not be affected by this 
amendment.
                    DEPARTMENT OF HOMELAND SECURITY


                 Departmental Management and Operations


                        ANALYSIS AND OPERATIONS

FY 2009 Budget Appendix Page: 476
FY 2009 Pending Request: $333,262,000
Proposed Amendment: $259,000
Revised Request: $333,521,000

    This amendment would increase the Analysis and Operations 
account by $259 thousand to reflect correctly the increase to 
the account provided by the Department of Defense for National 
Intelligence Programs. As a result of this request the account 
total, when rounded to millions, would increase by $1 million.
    The proposed Budget totals would increase by $1 million as 
a result of this amendment.
                    DEPARTMENT OF HOMELAND SECURITY


                  Citizenship And Immigration Services


           UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

FY 2009 Budget Appendix Pages: 480-481
FY 2009 Pending Request: $154,540,000
Proposed Amendment: -$4,000,000
Revised Request: $150,540,000

    This amendment would decrease by $4 million the U.S. 
Citizenship and Immigration Services (CIS) account total to 
reflect the correct policy amount. The discretionary 
appropriation was mistakenly inflated by $4 million. It was 
assumed that the administrative expenses had to ``cover'' the 
mandatory funds from Immigration Examinations Fees that are 
transferred from CIS to the Department of Justice, 
Administrative Review and Appeals account pursuant to 
appropriations language in the latter account. The transfer 
from CIS should have been coded as a modification of a 
mandatory program so that it would be apparent that the 
transfer was coming from the mandatory fees and not the 
discretionary appropriation.
    The proposed Budget totals would decrease by $4 million as 
a result of this amendment.
              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT


                           GENERAL PROVISIONS

FY 2009 Budget Appendix Page: 596
FY 2009 Pending Request: --
Proposed Amendment: Language
Revised Request: --

    (In the appropriations language under the above heading, 
insert the following new provision after Sec. 217 and before 
the opening parenthesis of the bill citation:)
    Sec. 218. Section 226 of the Department of Housing and 
Urban Development Appropriations Act 2008 (Public Law 110-161 
Division K), is amended by striking ``and in future Acts''.
    This amendment would repeal language that prohibits the 
Secretary of Housing and Urban Development from imposing any 
requirement or guideline relating to asset management that 
restricts or limits in any way the use of capital funds for 
central office costs in Public Law 110-161, Division K, the FY 
2008 Department of Housing and Urban Development Appropriations 
Act, and in future Acts. This provision was omitted 
inadvertently from the FY 2009 Budget.
    The proposed Budget totals would not be affected by this 
language amendment.
                       DEPARTMENT OF THE INTERIOR


                          Departmental Offices


             OFFICE OF THE SECRETARY, SALARIES AND EXPENSES

FY 2009 Budget Appendix Page: 666
FY 2009 Pending Request: $105,787,000
Proposed Amendment: $108,000
Revised Request: $105,895,000

    This amendment would increase the Office of the Secretary, 
Salaries and Expenses account by $108 thousand to reflect 
correctly the policy assumed in the FY 2009 Budget. The 
proposed Budget totals would not be affected by this amendment.
                          DEPARTMENT OF LABOR


                 Employment and Training Administration


                    TRAINING AND EMPLOYMENT SERVICES

FY 2009 Budget Appendix Page: 733
FY 2009 Pending Request: $3,060,923,000
Proposed Amendment: Language
Revised Request: $3,060,923.000

    (In the appropriations language under the above heading, in 
paragraph (3)(C) after ``Act'' and before the semicolon 
insert:)

, which shall be available for the period April 1, 2009 through 
June 30, 2010.

    This amendment would reflect correctly the period of 
availability of funds for YouthBuild activities, which is 
funded on a program year basis. The proposed Budget totals 
would not be affected by this language amendment.
                      DEPARTMENT OF TRANSPORTATION


                    Federal Aviation Administration


                         SAFETY AND OPERATIONS

FY 2009 Budget Appendix Pages: 875-876
FY 2009 Pending Request: $1,293,533,000
Proposed Amendment: --
Revised Request: $1,293,533,000

    (In the appropriations language under the above heading, in 
the first proviso delete ``$121,900,000'' and substitute 
$115,900,000.)
    This amendment would reflect correctly the level of funding 
intended to be available for three years in the FY 2009 Budget. 
The proposed Budget totals would not be affected by this 
amendment.
                      DEPARTMENT OF TRANSPORTATION


       ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION

FY 2009 Budget Appendix Pages: 917-918
FY 2009 Pending Request:
Proposed Amendment: Language
Revised Request:

    (In the appropriations language under the above heading, 
insert an open bracket immediately before ``Sec. 163.'' and 
insert a closing bracket immediately after ``projects.'' in 
that section; renumber the following sections accordingly.)
    This amendment would correctly reflect the intended 
deletion of section 163 from the Budget. The opening and 
closing brackets were omitted inadvertently from the FY 2009 
Budget.
    The proposed Budget totals would not be affected by this 
language amendment.
                       DEPARTMENT OF THE TREASURY


         ADMINISTRATIVE PROVISIONS--DEPARTMENT OF THE TREASURY

FY 2009 Budget Appendix Page: 974
FY 2009 Pending Request: --
Proposed Amendment: Language
Revised Request: --

    (In the appropriations language under the above heading, 
revise section numbers ``109'' through ``117'' to be section 
numbers 105 through 113.)
    This amendment would renumber the provisions correctly to 
reflect that they are succeeding sections of the Administrative 
Provisions that begin on page 971 of the Budget Appendix.
    The proposed Budget totals would not be affected by this 
technical amendment.
                    CORPS OF ENGINEERS--CIVIL WORKS


                       Corps of Engineers--Civil


                       OPERATION AND MAINTENANCE

FY 2009 Budget Appendix Page: 1014
FY 2009 Pending Request: $2,475,000.000
Proposed Amendment: Language
Revised Request: $2,475,000,000

    (In the appropriations language under the above heading, 
remove the opening bracket before ``: Provided, That'', insert 
a new opening bracket before ``utilizing funds'', and add the 
following proviso just before the concluding period:)
    of the amounts provided herein, not to exceed $500,000 is 
provided to the Secretary of the Army to reimburse travel 
expenses as provided for in section 9003(f) of the Water 
Resources Development Act of 2007, Public Law 110-114 (121 
Stat. 1289-1290).
    This amendment would insert a provision that was omitted 
inadvertently from the FY 2009 Budget and to reflect correctly 
the policy assumed in the Budget. The proposed Budget totals 
would not be affected by this language amendment.
             NATIONAL AERONAUTICS AND SPACE ADMINISTRATION


                       ADMINISTRATIVE PROVISIONS

FY 2009 Budget Appendix Page: 1090
FY 2009 Pending Request: --
Proposed Amendment: Language
Revised Request: --

    (In the appropriations language under the above heading, 
the final paragraph is amended by deleting the paragraph in its 
entirety and substituting the following:)
    For the closeout of all Space Shuttle contracts and 
associated programs, amounts that have expired but have not 
been cancelled in the Human Space Flight, Space Flight 
Capabilities, and Exploration Capabilities appropriations 
accounts shall remain available through fiscal year 2015 for 
the liquidation of valid obligations incurred during the period 
of fiscal year 2001 through fiscal year 2009.
    This proposal would amend the pending language to clarify 
that obligations incurred in certain appropriations accounts 
that were executed with the proper legal authority during the 
period FY 2001 through FY 2009, and that have not yet been 
cancelled, would remain available through FY 2015 for the 
closeout of all Space Shuttle contracts and associated 
programs. The language does not allow NASA to re-obligate the 
funds. In the absence of such clarification, it could be 
assumed that the pending language requests a reappropriation of 
funds.
    The proposed Budget totals would not be affected by this 
language amendment.
                     OFFICE OF PERSONNEL MANAGEMENT


                         SALARIES AND EXPENSES

FY 2009 Budget Appendix Page: 1097
FY 2009 Pending Request: $92,829,000
Proposed Amendment: Language
Revised Request: $92,829,000

    (In the appropriations language under the above heading, 
remove the first opening bracket and insert a new opening 
bracket immediately before ``$101,765,000''.)
    This amendment would reflect correctly the policy assumed 
in the FY 2009 Budget. A misplaced bracket inadvertently 
indicated deletion of necessary language. The proposed Budget 
totals would not be affected by this language amendment.
              FY 2008 Proposal (non-Global War on Terror)


                    DEPARTMENT OF HOMELAND SECURITY


                           GENERAL PROVISIONS

FY 2009 Budget Appendix Page: 1261
FY 2009 Pending Request: --
Proposed Amendment: Language
Revised Request: --

    (In the appropriations language under the above heading, 
insert the following new provision after Sec. 1.)
    Sec. 2. Section 535 of the Department of Homeland Security 
Appropriations Act, 2008 (Public Law 110-161, Division E), and 
the amendments contained thereto, is hereby repealed, as of the 
date of enactment of such Act.
    This amendment would provide for the repeal in FY 2008 of 
language establishing law enforcement officer status for 
Customs and Border Protection officers. This provision was 
omitted inadvertently from the FY 2008 supplemental proposals 
section of the FY 2009 Budget.
    The proposed Budget totals would not be affected by this 
language amendment.

                                  
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