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107th Congress, 2d Session - - - - - - - - - - - House Document 107-220 


 
    INTENTION TO REALLOCATE FUNDS PREVIOUSLY TRANSFERRED FROM THE 
                        EMERGENCY RESPONSE FUND

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

NOTIFICATION OF THE INTENTION TO REALLOCATE FUNDS PREVIOUSLY 
  TRANSFERRED TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FROM THE 
  EMERGENCY RESPONSE FUND (ERF)

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


June 4, 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, May 23, 2002.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: In order to fulfill urgent requirements 
for civil aviation security, today I am notifying the Congress 
of my intent to reallocate funds previously transferred to the 
Federal Emergency Management Agency (FEMA) from the Emergency 
Response Fund (ERF). These funds will now be allocated to the 
Transportation Security Administration (TSA) in accordance with 
the provisions of Public Law 107-38, the Emergency Supplemental 
Appropriations Act for Recovery from and Response to Terrorist 
Attacks on the United States, FY 2001.
    In addition, I am revising my request for supplemental 
funding transmitted on March 21st to account for this transfer 
by increasing my Administration's request for supplemental 
funding for FEMA and reducing the request for TSA. This will 
ensure that FEMA has the full resources necessary to meet my 
commitment to the recovery of New York.
    As provided in Public Law 107-38, the $760 million to be 
transferred will be made available immediately to TSA for civil 
aviation security.
    In my letter of April 12, 2002, I informed the Congress of 
a temporary reallocation of $325 million in emergency response 
funds to TSA from the Federal Aviation Administration (FAA). I 
now propose that the TSA supplemental language include specific 
authority for TSA to return those funds to FAA from amounts 
provided in the supplemental appropriations bill.
    I hereby designate the revised requests contained in the 
accompanying material as emergency requirements pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended.
    The details of these actions are set forth in the enclosed 
letter from the Director of the Office of Management and 
Budget. I concur with his comments and recommendations.
            Sincerely,
                                                    George W. Bush.
    Enclosure.
                [Estimate No. 11, 107th Cong., 2d Sess.]

                 Executive Office of the President,
                           Office of Management and Budget,
                                      Washington, DC, May 21, 2002.
The President,
The White House.
    Submitted for your consideration is a request to reallocate 
funds provided in P.L. 107-38, the Emergency Supplemental 
Appropriations Act for Recovery from and Response to Terrorist 
Attacks on the United States, FY 2001. This request would 
reallocate funds previously transferred from the Emergency 
Response Fund (ERF).
    In order to avoid delay and disruption of the 
Transportation Security Administration's (TSA's) operations, 
the Administration proposes that a portion of the emergency 
response funds previously allocated to the Federal Emergency 
Management Agency (FEMA) instead be transferred to the TSA to 
support its operations through June when supplemental funding 
will likely be enacted. FEMA has received over $6 billion for 
recovery from and response to the terrorist attacks of 
September 11, 2001, and even with this transfer it has ample 
funds to support these activities until enactment of the 
supplemental.
    This request would transfer $760 million of FEMA's 
emergency response funds to TSA. Pursuant to P.L. 107-38, these 
funds would be available immediately. This proposal would 
account for this transfer by increasing the Administration's 
request for supplemental funding for FEMA by $760 million and 
by decreasing the supplemental request for TSA by $760 million. 
TSA is unique in that the rigorous timetable established in law 
for the deployment of passenger and baggage screeners urgently 
requires supplemental funding before Congress plans to finish 
its work on the FY 2002 supplemental appropriations bill, while 
other agencies, including FEMA, have sufficient funds to 
continue their activities.
    On April 12, 2002, you informed the Congress of a temporary 
reallocation of emergency response funds to TSA from the 
Federal Aviation Administration's (FAA's) Federal Air Marshal 
Program ($275 million) and the Aviation Insurance Trust Fund 
($50 million). The TSA supplemental language now proposed 
includes specific authority for TSA to return those funds to 
FAA from amounts to be provided in the supplemental 
appropriations bill.
    I have carefully reviewed these proposals and am satisfied 
that they are necessary at this time. Therefore, I join the 
Secretary of Transportation and the Director of FEMA in 
recommending your approval of the requested reallocation and 
the transmittal of the revised supplemental proposals to the 
Congress. In addition, I recommend that you designate the 
revised supplemental requests as emergency funding requirements 
pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.
            Sincerely,
                                  Mitchell E. Daniels, Jr.,
                                                          Director.
    Enclosures.

 Reallocation of Amounts Previously Appropriated and Transferred From 
                      the Emergency Response Fund

    Available Immediately:

Department of Transportation: Transportation Security 
    Administration--Transportation Security 
    Administration......................................    $760,000,000

    These funds would support Transportation Security 
Administration civil aviation security activities through June, 
pending the enactment of the FY 2002 supplemental 
appropriations bill. These funds were originally transferred 
from the Emergency Response Fund, established by P.L. 107-38, 
to the Federal Emergency Management Agency.
                                ------                                


                            Revised Request


                      DEPARTMENT OF TRANSPORTATION


                 TRANSPORTATION SECURITY ADMINISTRATION


                 Transportation Security Administration

    For additional amounts for emergency expenses to implement 
the Federal takeover of airport security, $3,640,000, to remain 
available until expended of which not to exceed $325,000,000 
may be transferred to ``Operating Expenses'' and ``Aviation 
Insurance Revolving Fund'' accounts of the Federal Aviation 
Administration: Provided, That the entire amount is designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended.
    This is a revised supplemental request for the 
Transportation Security Administration (TSA). The previous 
request has been reduced by $760 million as a result of an 
equal amount of funding that the President reallocated to TSA 
from the Emergency Response Fund (ERF). Immediate funding from 
the ERF for TSA is necessary given TSA's need to continue 
payment of contract passenger screeners and to obligate 
significant resources to meet statutory deadlines for 
implementing the Aviation and Transportation Security Act (P.L. 
107-87). TSA is in a unique situation among all agencies 
requesting a supplemental in that it must establish a large new 
organization in a very short time frame. The unanticipated lag 
in enacting the supplemental and the tight deadlines specified 
in the law require this reallocation.
    In addition to a reduction in the request level, the 
revised request eliminates the proposal for a separate 
contingent emergency appropriation. TSA funding needs for FY 
2002 have now been sufficiently defined and detailed to permit 
designation of the entire amount as an emergency.
    Overall, the requested level of $3.64 billion would support 
TSA's funding needs beyond June for the remainder of FY 2002. 
Funding needs include resources for transitional screener 
contracts, initial Federal screeners and screening supervisory 
personnel, airport managers, and some support activities. In 
addition, funding would be provided for checkpoint law 
enforcement officers, including reimbursements to State and 
local law enforcement agencies. Over $750 million will be 
utilized for the purchase and installation of checkpoint and 
baggage screening equipment at airports.
    The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
                                ------                                


                            Revised Request


                  FEDERAL EMERGENCY MANAGEMENT AGENCY


                            Disaster Relief

    For an additional amount for ``Disaster Relief'' for 
emergency expenses to respond to the September 11, 2001 
terrorist attacks on the United States, $3,510,000,000, to 
remain available until expended: Provided, That the entire 
amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.
    This is a revised supplemental request for the Federal 
Emergency Management Agency (FEMA). The previous request has 
been increased by $760 million as a result of an equal amount 
of funding that was reallocated by the President from FEMA to 
the Transportation Security Administration.
    Funding is requested to enable FEMA to support additional 
disaster relief efforts in response to the September 11th 
terrorist attacks. Funds would be used for the continuing 
response and recovery activities from the September 11th 
attacks, including an assessment of building construction 
standards and replacement of public facilities and the transit 
system. With respect to the New York recovery effort, this 
request, in conjunction with amounts previously appropriated, 
is expected to cover all remaining expenses that are eligible 
for reimbursement under the Stafford Act.
    The entire amount requested has been designated by the 
President as an emergency requirement pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended.

                                  <all>


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