```

[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 SUDAN

  September 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.

                                  

```