[House Document 108-134]
[From the U.S. Government Publishing Office]



                                     

108th Congress, 1st Session - - - - - - - - - - - - House Document 108-134


 
 THE REQUEST AND AVAILABILITY OF FUNDS FOR THE DEPARTMENT OF HOMELAND 
                   SECURITY'S COUNTERTERRORISM FUND

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 THE REQUEST AND AVAILABILITY OF FUNDS FOR THE DEPARTMENT OF HOMELAND 
SECURITY'S COUNTERTERRORISM FUND, PURSUANT TO PUB. L. 106-554, AND PUB. 
                                L. 108-7




   October 1, 2003.--Referred to the Committee on Appropriations and 
                         ordered to be printed
                                           The White House,
                                    Washington, September 30, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: In accordance with provisions of the 
Consolidated Appropriations Act, 2001 (Public Law 106-554), and 
the Consolidated Appropriations Resolution, 2003 (Public Law 
108-7), I hereby request and make available $38,100,000 for the 
Department of Homeland Security's Counterterrorism Fund. Of 
these funds, I hereby designate $28,748,918 as an emergency 
requirement pursuant to Public Law 106-554.
    These funds would allow the Department of Homeland Security 
to continue to improve the security at our Nation's ports by 
deploying radiation monitoring devices nationwide and 
strengthening the system that is used to identify potential 
threats posed by international cargo shipments and 
international passengers.
    The details of this action are set forth in the enclosed 
letter from the Director of the Office of Management and 
Budget.
            Sincerely,
                                                    George W. Bush.
               [Estimate No. 20, 108th Cong., 1st Sess.]

                 Executive Office of the President,
                           Office of Management and Budget,
                                Washington, DC, September 29, 2003.
The President,
The White House.
    Submitted for your consideration is a request to make 
available immediately previously appropriated contingent funds 
for the Department of Homeland Security (DHS). These funds were 
made contingent upon your submission of a budget request to the 
Congress. In addition, a portion of the requested funds must be 
designated as an emergency requirement.
    Your approval of this request would make available to DHS a 
total of $38 million from its Counterterrorism Fund. Of this 
amount, you would need to designate $29 million as an emergency 
requirement in accordance with P.L. 106-554. No further 
congressional action will be required in order to make the full 
amount available to DHS.
    The funds requested in this transmittal would support 
deployment of radiation monitoring equipment at the Nation's 
ports, as well as provide enhancements to the system that 
targets high-risk international cargo and passengers for 
screening as they arrive in the United States. DHS's Bureau of 
Customs and Border Protection (BCBP), which oversees these 
programs, will be unable to complete these critical programs 
without these additional funds.
    The Counterterrorism Fund was originally established in the 
Department of the Treasury to support that agency's 
counterterrorism activities. Upon establishment of DHS, most of 
the balances in the Treasury Department fund were moved to the 
newly-created DHS Counterterrorism Fund.
    Public Law 106-554, the Consolidated Appropriations Act, 
2001, provided $55 million in contingent emergency funding for 
the Treasury's Counterterrorism Fund. To date, $19 million has 
been made available and spent. Of the unspent balances, $7 
million remains at the Department of the Treasury for support 
of future counterterrorism activities and $29 million was 
transferred to DHS.
    Public Law 108-7, the Consolidated Appropriations 
Resolution, 2003, provided an additional $10 million in 
contingent funding to the Treasury's Counterterrorism Fund, all 
of which was later transferred to DHS. To date, none of those 
funds have been spent.
    I have carefully reviewed this proposal and am satisfied 
that it is necessary at this time. Therefore, I join the 
Secretary of Homeland Security in recommending that you make 
the requested funds available by signing the enclosed letter to 
the Speaker of the House of Representatives.
            Sincerely,
                                          Joshua B. Bolten,
                                                          Director.
    Enclosure.

    Amounts Previously Appropriated Made Available by the President

Department of Homeland Security:
    Department of Management:
        Counterterrorism Fund (P.L. 106-554)............     $28,748,918
        Counterterrorism Fund (P.L. 108-7)..............       9,351,082

    The Counterterrorism Fund was originally established in the 
Department of the Treasury to support that agency's 
counterterrorism activities. On March 1, 2003, most of the 
balances within the Treasury Department fund were transferred 
to the Department of Homeland Security (DHS) pursuant to 
Section 1516 of the Homeland Security Act. Currently, $7 
million remains at the Department of the Treasury for support 
of future counterterrorism activities, while all other balances 
were moved to DHS.
    P.L. 106-554, the Consolidated Appropriations Act, 2001, 
provided $55 million for counterterrorism activities in the 
Department of the Treasury, contingent upon the President 
submitting a budget request to the Congress and designating the 
amount requested as an emergency requirement. Of this 
appropriation, $19 million has been made available and spent. 
Of the unspent balances, $7 million remains at the Department 
of the Treasury, as discussed above, and $29 million is 
available to DHS. This request would make available to DHS the 
remaining $29 million and has been designated by the President 
as an emergency requirement in accordance with P.L. 106-554.
    P.L. 108-7, the Consolidated Appropriations Resolution, 
2003, provided an additional $10 million to support 
counterterrorism activities in the Department of the Treasury, 
to be made available contingent upon the President submitting a 
budget request to the Congress. None of these funds have been 
available to date, and all balances were transferred to DHS. 
This request would make $9 million available to DHS.
    Recent events have highlighted the vulnerabilities of the 
Nation's ports to terrorist attack or exploitation. DHS has the 
lead responsibility for ensuring that passengers and cargo 
passing through the ports are legitimate and do not pose a 
threat to the security of the Nation. This request would make 
available a total of $38 million, of which $13 million would be 
used to strengthen the Automated Targeting System, which 
identifies potential threats posed by cargo and passengers as 
they enter the country. The remainder, $25 million, would be 
used for the deployment of radiation portal monitors that can 
detect nuclear weapons, nuclear weapon material, radiation 
dispersal devices (RDD), radiological material for use in 
construction of an RDD, and other illegal or illicit 
radioactive materials.