[House Document 108-206] [From the U.S. Government Publishing Office] 108th Congress, 2d Session - - - - - - - - - - - - House Document 108- 206 CONCURRENCE WITH CONGRESS TO DESIGNATE FUNDS AS AN EMERGENCY REQUIREMENT __________ COMMUNICATION from THE PRESIDENT OF THE UNITED STATES transmitting A LETTER INDICATING THE PRESIDENT'S CONCURRENCE WITH CONGRESS IN THE DESIGNATION OF FUNDS PROVIDED AS PART OF THE DEPARTMENT OF DEFENSE APPROPRIATIONS, FY 2005 (H.R. 4613) AS AN EMERGENCY REQUIREMENT TO SUPPORT OPERATIONS IRAQI FREEDOM AND ENDURING FREEDOM, THE DEPARTMENT OF STATE'S MISSION IN IRAQ, STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FOR SECURITY AND RELATED COSTS ASSOCIATED WITH THE 2004 PRESIDENTIAL CANDIDATE NOMINATING CONVENTIONS, THE JUDICIARY, AND TO RESPOND TO THE HUMANITARIAN CRISIS IN THE DARFUR REGION OF SUDANSeptember 7, 2004.--Referred to the Committee on Appropriations and ordered to be printed The White House, Washington, August 5, 2004. Hon. J. Dennis Hastert, Speaker of the House of Representatives, Washington, DC. Dear Mr. Speaker: I hereby concur with the Congress in the designation of $25.856 billion provided as part of the Department of Defense Appropriations, FY 2005 (H.R. 4613), as an emergency requirement. These funds are necessary to support Operation Iraqi Freedom and Operation Enduring Freedom, the Department of State's Mission in Iraq, State and local law enforcement assistance for security and related costs associated with the 2004 Presidential Candidate Nominating Conventions, the Judiciary, and to respond to the humanitarian crisis in the Darfur region of Sudan. Additional information on this action is set forth in the attached letter from the Director of the Office of Management and Budget. Sincerely, George W. Bush. Executive Office of the President, Office of Management and Budget, Washington, DC August 4, 2004. The President, The White House. I recommend that you concur with Congress in the designation of the provisions included in Title IX and chapters 1 and 2 of Title X of the Department of Defense Appropriations Act, FY 2005 (H.R. 4613), as emergency requirements. A strong case exists for each of these requirements to be designated as an emergency requirement. These emergency designations include $25 billion for additional war-related appropriations for Operation Iraqi Freedom and Operation Enduring Freedom, of which $3.8 billion would be made available to the Iraq Freedom Fund. In addition, emergency designations, totaling $856 million in FY 2004, are made for: the Department of State's Mission in Iraq ($685 million); the humanitarian crisis in the Darfur region of Sudan ($95 million), State and local law enforcement assistance for security and related costs associated with the 2004 Presidential Candidate Nominating Conventions ($50 million), and the Judiciary ($26 million). Section 251 of the Balanced Budget and Emergency Deficit Control Act, as amended by the Budget Enforcement Act, set annual discretionary spending limits, which expired at the end of FY 2002. This section included a provision that stated that the spending limits should be adjusted to reflect appropriations designated as emergency requirements by both the Congress and the President. On April 2, 2004, the Administration submitted to Congress a legislative proposal, the Spending Control Act of 2004, which would restore key provisions of the Balanced Budget and Deficit Control Act including continuing the discretionary spending limits, and exempting mutually agreed upon emergency designations from these limits. In the absence of enactment of this or similar proposals, there currently are no statutory restrictions on emergency spending designations. Therefore, consistent with the need for responsible spending restraint, the Administration will continue to urge the Congress to fully fund unavoidable obligations and will insist that no emergency funding, including contingent emergency funding, be designated unless mutually agreed upon in advance by both the Congress and your Administration. I recommend that you concur with the designation of these provisions as emergency requirements, and sign the enclosed letter to the Speaker of the House of Representatives as a notification of your designation. No further congressional action will be required. Sincerely, Joshua B. Bolten, Director.