[House Document 107-241]
[From the U.S. Government Publishing Office]



107th Congress, 2d Session - - - - - - - - - - - House Document 107-241 


 
                REQUEST FOR AN FY 2003 BUDGET AMENDMENT

                               __________

                             COMMUNICATION

                                  FROM

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

   HIS REQUEST FOR AN FY 2003 BUDGET AMENDMENT FOR THE DEPARTMENT OF 
                                DEFENSE




July 8, 2002.--Referred to the Committee on Appropriations and ordered 
                             to be printed
                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
99-012                    WASHINGTON : 2002

                                            The White House
                                          Washington, July 3, 2002.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: I ask the Congress to consider the 
enclosed request for an FY 2003 budget amendment for the 
Department of Defense. This package reflects my decision to 
request, by program, $10 billion in the Defense Emergency 
Response Fund for expenses relating to the war against 
terrorism. The budget totals proposed in my FY 2003 budget 
would not be affected by this amendment.
    This request is vital to protecting U.S. national security 
options. An essential component in the success of the global 
war on terrorism is sustaining our investment in intelligence 
capabilities. This request will improve collection, analysis, 
coordination, and execution of intelligence priorities and 
plans, as we expand into new theaters of operations and build 
new relationships.
    This reserve will also enable the Nation to meet developing 
operational requirements of a fluid war environment. Under any 
scenario, needs associated with the operation and mobilization 
of guard and reserve units and operations and maintenance costs 
to support U.S. troops will be high. It is imperative that I 
have the flexibility to merge or transfer these funds as needed 
to meet shifting threats or emerging contingencies in the year 
ahead. I appreciate your support of these important provisions.
    The details of this request are set forth in the enclosed 
letter from the Director of the Office of Management and 
Budget. I concur with his comments and observations.
            Sincerely,
                                                    George W. Bush.
    Enclosure.
                 [Estimate No. 15, 107th Cong. 2d Ses.]

                 Executive Office of the President,
                           Office of Management and Budget,
                                     Washington, DC., July 2, 2002.
The President,
The White House.
    Submitted for your consideration is a request for an FY 
2003 budget amendment for the Department of Defense (DoD). The 
budget totals proposed in your FY 2003 Budget would not be 
affected by this amendment. The amendment reflects your 
decision to remove the contingent appropriation request and 
identify by defense program the allocation of $10.0 billion 
from the Defense Emergency Response Fund (DERF) to respond to, 
and/or protect against, acts of terrorism directed against the 
United States and its citizens.
    This amendment will help ensure the security of the United 
States in the war against terrorism. These programs will 
support the expansion of Operation Enduring Freedom, military 
training, financing the National Guard and Reserve, procurement 
of additional weapons, and support for classified programs. For 
this reason, we recommend the attached allocation of the $10.0 
billion within the Defense Emergency Response Fund (DERF) to 
prosecute the war on terrorism in an effective manner.
    Specifically, the proposal would request: up to $2.550 
billion for Military Personnel accounts; up to $5.570 billion 
for Operation and Maintenance accounts, as well as Military 
Construction or working capital funds; and, up to $1.880 
billion for Procurement or Research, Development, Test, and 
Evaluation accounts.
    I have carefully reviewed this proposal and am satisfied 
that it is necessary at this time. Therefore, I join the 
Secretary of Defense in recommending that you transmit the 
proposal to the Congress.
            Sincerely,
                                  Mitchell E. Daniels, Jr.,
                                                          Director.
    Enclosure.

                         DEPARTMENT OF DEFENSE


                       Operation and Maintenance


                    DEFENSE EMERGENCY RESPONSE FUND

FY 2003 Budget Appendix Page: 276-277
FY 2003 Pending Request: $20,055,000,000
Proposed Amendment: Language
Revised Request: $20,055,000,000

    Delete the appropriations language under the above heading 
and substitute the following:
    For expenses relating to activities to respond to or 
protect against acts or threatened acts of terrorism, 
$20,055,000,000, to remain available until expended: Provided, 
That funds appropriated under this heading may be used to 
reimburse other appropriations or funds of the Department of 
Defense, including activities of the National Foreign 
Intelligence Program, funded in defense appropriations Acts for 
fiscal year 2003, for costs incurred for such purposes: 
Provided further, That after consultation with the Director of 
the office of Management and Budget, the Secretary of Defense 
may transfer these funds to any appropriations or fund of the 
Department of Defense, to be merged with and available for the 
same purposes and for the same time period as the 
appropriations to which transferred: Provided further, That of 
the total amount appropriated, $10,000,000,000 may be 
transferred to, merged with, and available for the same 
purposes and for the same time period as the appropriation to 
which transferred, pursuant to the following allocations: Not 
to exceed $2,550,000,000 to accounts for military personnel; 
Not to exceed $5,570,000,000 to accounts for operation and 
maintenance (including Overseas Humanitarian, Disaster and 
Civic Aid and the Defense Health Program), military 
construction, or working capital funds; Not to exceed 
$1,880,000,000 to accounts for procurement or research, 
development, test, and evaluation: Provided further, That the 
allocations set forth in the previous proviso may be increased 
or decreased, within the $10,000,000,000 provided, by the 
Secretary of Defense after consultation with the Director of 
the Office of Management and Budget and 15 days after providing 
notification to the Congressional defense committees: Provided 
further, That upon a determination that all or part of the 
funds transferred from this appropriation are not necessary for 
the purposes provided herein, such amounts may be transferred 
back to this appropriation: Provided further, That the transfer 
authority provided in this paragraph is in addition to any 
other transfer authority contained elsewhere in this Act.
    This proposal amends the budget requests for the FY 2003 
Defense Emergency Response Fund (DERF) appropriation. The 
original request contained a provision specifying that $10.0 
billion of DERF funds would be available only after an official 
budget request designating the amount of the request as 
essential to respond to, or protect against, acts or threatened 
acts of terrorism was transmitted by the President to the 
Congress.
    The President has determined that these funds are necessary 
to support DoD military operations in the Global War on 
Terrorism and vital to protecting U.S. national security 
options. This amendment deletes the contingent provision and 
substitutes a provision permitting the $10.0 billion to be 
transferred to various DoD appropriations as follows: up to 
$2.550 billion to military personnel accounts, up to $5.570 
billion to operation and maintenance accounts (including the 
Defense Health Program; and Overseas Humanitarian, Disaster and 
Civic Aid), military construction or working capital funds; 
and, up to $1.880 billion to appropriations for procurement or 
research development, test and evaluation accounts.
    The foregoing allocations, within the $10.0 billion, may be 
increased or decreased after consultations with the Director of 
the Office of Management and Budget and 15 days after 
notification to the Congressional defense committees. These 
funds will finance operations, mobilization and procurement 
(including classified programs and procurement of munitions) 
that are above and beyond baseline costs for training, 
operations, personnel, and investment. The $10.0 billion 
justified in this document is complementary to the $10.1 
billion of costs already detailed in the DERF justification 
material provided to support the original request in February 
2002. The amounts requested will:
          Support the follow on operations in the war. The 
        proposal includes funding to cover the cost to operate 
        units that conduct or support new contingency 
        operations, and funding to cover the cost of materials 
        and services including: petroleum; spares, reparable 
        and consumable parts; maintenance required to prepare 
        equipment for deployment and to maintain equipment 
        during contingency operations; establishment, 
        maintenance, and operation of billeting, camps, 
        airfields, staging areas, relief centers; and leases 
        and utilities to operate bases, camps, relief centers, 
        airfields, and additional civilian support for 
        contingency operations;
          Finance the pay of the National Guard and Reserve 
        members mobilized to conduct operations, as well as for 
        those active personnel deployed in support of the war 
        on terrorism and in the areas of security and force 
        protection, infantry, special operations, 
        transportation, chemical and biological, intelligence, 
        civil affairs, combat air patrols overseas, 
        communications, strategic and tactical airlift, air 
        refueling operations, and aero-medical staging 
        capabilities;
          Procure additional precision guided weapons and 
        conventional munitions (e.g., Hellfire, small arms and 
        general purpose bombs) necessary for tactical 
        operations sufficient for Operation Enduring Freedom or 
        follow-on operations; and
          Support classified programs.
    This amendment would not affect the proposed budget totals.

                                  
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