Thomas E. Petri: “This language appropriates $75 million from the Highway Trust Fund for the Federal highway emergency relief program to…”

“This language appropriates $75 million from the Highway Trust Fund for the Federal highway emergency relief program to respond to the attack on September 11. While I support the administration's request for emergency relief highway funding to repair and reconstruct eligible highways, roads, and bridges that were damaged in these attacks. This approach constitutes an unauthorized earmarking of funds. The language constitutes an unauthorized appropriation in violation of clause 2(a) of rule XXI, and I request a ruling of the Chair. While authorization in law may exist for this funding from general revenues, no specific authorization in the law exists for this funding to be derived from the trust fund. This is consistent with the rulings of the Chair on September 23, 1993, and June 26, 2001. The Chair finds that the provision is not supported by an authorization in law.”