Reply #9: 116 STAT. 836 PUBLIC LAW 107–206—AUG. 2, 2002

[Sinistrous]

Perhaps someone more fluent in Congressese can interpret this better than I, but my quick reading of this (especially the paragraph under "DEFENSE EMERGENCY RESPONSE FUND") tells me that Congress gave Rummy a hell of a lot of latitude in allocating a hell of a lot of money.


www.fas.org/asmp/resources/govern/107th_hr4775pl.pdf

116 STAT. 836 PUBLIC LAW 107–206—AUG. 2, 2002

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $721,975,000, to remain available for obligation until September 30, 2003, of which $390,000,000 may be used, notwithstanding any other provision of law, for payments to reimburse Pakistan, Jordan, and other key cooperating nations for logistical and military support provided to United States military operations in connection with the Global War on Terrorism: Provided, That such payments may be made in such amounts as the Secretary may determine in his discretion, based on documentation determined by the Secretary to adequately account for the support provided, in consultation with the Director of the Office of Management and Budget and 15 days following notification to the appropriate Congressional committees: Provided further, That such determination shall be final and conclusive upon the accounting officers of the United States: Provided further, That amounts for such payments shall be in addition to any other funds that may be available for such purpose: Provided further, 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.

DEFENSE EMERGENCY RESPONSE FUND
(INCLUDING TRANSFER OF FUNDS)

For an additional amount for the ‘‘Defense Emergency Response Fund’’, $11,901,900,000, to remain available for obligation until September 30, 2003, of which $77,900,000 shall be available for enhancements to North American Air Defense Command capabilities: Provided, That the Secretary of Defense may transfer the funds provided herein only to appropriations for military personnel; operation and maintenance; procurement; research, development, test and evaluation; the Defense Health Program; Overseas Humanitarian, Disaster, and Civic Aid; and working capital funds: Provided further, That notwithstanding the preceding proviso, $120,000,000 of the funds provided in this paragraph are available for transfer to any other appropriations accounts of the Department of Defense, for certain classified activities, and notwithstanding any other provision of law and of this Act, such funds may be obligated to carry out projects not otherwise authorized by law: Provided further, That any funds transferred shall be merged with and shall be available for the same purposes and for the same time period as the appropriation to which transferred: Provided further, That the transfer authority provided in this paragraph is in addition to any other transfer authority available to the Department of Defense: 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 during the current fiscal year, upon a determination by the Secretary of Defense that funds previously made available to the ‘‘Defense Emergency Response Fund’’ are required to meet other essential operational or readiness requirements of the military services, the Secretary may transfer up to $275,000,000 of funds so required to the appropriate funds or appropriations of the Department of Defense, 15 days after notification to the congressional defense committees: Provided further, 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: Provided further, That $601,900,000 shall be available only to the extent that an official budget request that includes designation of $601,900,000 as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.