I 

108TH CONGRESS 

1ST SESSION H. R. 3479

To provide for the control and eradication of the brown tree snake on 

the island of Guam and the prevention of the introduction of the brown 

tree snake to other areas of the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 7, 2003

Ms. BORDALLO (for herself, Mr. ABERCROMBIE, and Mr. CASE) introduced 

the following bill; which was referred to the Committee on Resources, and 

in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL

To provide for the control and eradication of the brown 

tree snake on the island of Guam and the prevention 

of the introduction of the brown tree snake to other 

areas of the United States, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Brown Tree Snake 

5 Control and Eradication Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 
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1 (1) The brown tree snake, an invasive species, 

2 is believed to have been introduced to the island of 

3 Guam as a passive stowaway in a military cargo ship 

4 that moved materiel after World War II. The his5 toric range of the brown tree snake is portions of In6 donesia, New Guinea, the Solomon Islands, and Aus7 tralia. 

8 (2) Upon arrival in Guam, the brown tree snake 

9 encountered an abundant food supply and an ab10 sence of natural predators. 

11 (3) The brown tree snake’s accidental introduc12 tion to Guam placed the species beyond its historic 

13 range, triggering a cascade of extinctions and an ec14 ological disaster. The brown tree snake has been the 

15 principal cause of the destruction of Guam’s native 

16 bird population and has imposed significant stress 

17 on Guam’s economic and agricultural interests, 

18 thereby harming the integrity and environmental 

19 stability of Guam’s ecosystems and economy. 

20 (4) The presence of the brown tree snake is a 

21 documented economic and human health hazard in 

22 Guam. The brown tree snake occurs in Guam at ex23 tremely high densities. Due to its high abundance 

24 the brown tree snake has been accidentally trans25 ported from Guam to other sites worldwide through 
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1 infested civilian and military vessels and cargo. The 

2 brown tree snake is a growing threat to the biodiver3 sity, economy, and human health within the Pacific 

4 region. The brown tree snake poses a direct, signifi5 cant, and growing threat of dispersal to other areas 

6 outside of its historic range, including the Common7 wealth of the Northern Mariana Islands, the State 

8 of Hawaii, and the mainland of the United States. 

9 (5) A number of Federal agencies, including the 

10 Department of the Interior, the Department of Agri11 culture, and the Department of Defense, and the 

12 governments of Guam, Hawaii, the Northern Mar13 iana Islands, and the Freely Associated States have 

14 operational, environmental, economic, and human 

15 health interests in and responsibilities for controlling 

16 the brown tree snake. 

17 (6) The present Brown Tree Snake Control 

18 Committee was established in response to section 

19 1209 of the Nonindigenous Aquatic Nuisance Pre20 vention and Control Act of 1990 (16 U.S.C. 4728), 

21 and the multi-agency Memorandum of Agreement on 

22 Brown Tree Snake Control, originally signed in 

23 1992 and renewed in 1999, will expire in March 

24 2004. It is a purpose of this Act to legislatively es25 tablish the Brown Tree Snake Control and Eradi-
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1 cation Committee to ensure the ongoing activities 

2 and enhance the effectiveness of the present Com3 mittee. 

4 (7) Annual funding for brown tree snake con5 trol and research has come from relatively few Fed6 eral agencies, which have then distributed those 

7 funds amongst a number of agencies actually con8 ducting the work. While current funding is com9 mendable on the part of these agencies, the absence 

10 of direct funding through the agencies actually con11 ducting the work has impaired the progress of both 

12 operational and research efforts by limiting stability 

13 in staffing and year-to-year program implementa14 tion. It is a purpose of this Act to authorize funding 

15 for brown tree snake control, interdiction, research, 

16 and eradication though and by the agencies per17 forming the specific tasks. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

20 (1) BROWN TREE SNAKE.—The term ‘‘brown 

21 tree snake’’ means the species of the snake Boiga 

22 irregularis that is an invasive species in Guam and 

23 a threat to spread elsewhere. 
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1 (2) COMMITTEE.—The term ‘‘Committee’’ 

2 means the Brown Tree Snake Control and Eradi3 cation Committee established under section 6. 

4 (3) COMPACT OF FREE ASSOCIATION.—The 

5 term ‘‘Compact of Free Association’’ means a Com6 pact of Free Association entered into between the 

7 United States and the government of a Freely Asso8 ciated State. 

9 (4) FREELY ASSOCIATED STATE.—The term 

10 ‘‘Freely Associated State’’ means the Republic of 

11 Palau, the Federated States of Micronesia, or the 

12 Republic of the Marshall Islands. 

13 (5) INTRODUCTION.—The terms ‘‘introduce’’ 

14 and ‘‘introduction’’ refer to the expansion of brown 

15 tree snakes outside of the range where this species 

16 is endemic. 

17 (6) SECRETARY.—The term ‘‘Secretary con18 cerned’’ means—

19 (A) the Secretary of the Interior, with re20 spect to matters under the jurisdiction of the 

21 Department of the Interior; and 

22 (B) the Secretary of Agriculture, with re23 spect to matters under the jurisdiction of the 

24 Department of Agriculture. 
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1 (7) SECRETARIES.—The term ‘‘Secretaries’’ 

2 means both the Secretary of the Interior and the 

3 Secretary of Agriculture. 

4 (8) TERRITORIAL.—The term ‘‘territorial’’, 

5 when used to refer to government, means the Gov6 ernment of Guam, the Government of American 

7 Samoa, or the Government of the Commonwealth of 

8 the Northern Mariana Islands. 

9 (9) UNITED STATES.—The term ‘‘United 

10 States’’, when used in the geographic sense, means 

11 the several States, the District of Colombia, Amer12 ican Samoa, Guam, the Commonwealth of the 

13 Northern Mariana Islands, the Commonwealth of 

14 Puerto Rico, the United States Virgin Islands, the 

15 Freely Associated States, any other possession of the 

16 United States, and any waters within the jurisdic17 tion of the United States. 

18 SEC. 4. STATEMENT OF POLICY REGARDING FEDERAL OB19 LIGATIONS RELATED TO BROWN TREE 

20 SNAKES INTRODUCTION, CONTROL, AND 

21 ERADICATION. 

22 (a) SENSE OF CONGRESS.—It is the sense of Con23 gress that there exists a need for improved and better co24 ordinated control, interdiction, research, and eradication 
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1 of the brown tree snake on the part of the United States 

2 and other interested parties. 

3 (b) UNITED STATES POLICY.—It is the policy of the 

4 United States to fund and support coordinated and con5 certed programs and activities to control, interdict, and 

6 eradicate the brown tree snake in Guam and to prevent 

7 the introduction of brown tree snakes to other areas of 

8 the United States. 

9 (c) PREVENTING INTRODUCTION.—Notwithstanding 

10 any other provision of law, to the extent practicable, no 

11 Federal agency may authorize, fund, or carry out any ac12 tion that would likely cause or promote the introduction 

13 or spread of the brown tree snake in the United States. 

14 All Federal agencies must consider brown tree snake inter15 diction issues, to the extent possible, when planning any 

16 activity that may cause the accidental introduction of 

17 brown tree snakes to uninfested areas in the United 

18 States. 

19 (d) CONTROL AND ERADICATION.—All Federal agen20 cies, to the extent possible, that manage lands where 

21 brown tree snakes occur shall fund the control and eradi22 cation of this species. 

23 (e) ACCESS.—All Federal agencies, to the extent pos24 sible, shall facilitate access to Federal, State, and terri25 torial employees, or their designees, who conduct control, 
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1 interdiction, or research regarding brown tree snakes on 

2 lands and facilities under their jurisdiction. 

3 (f) COOPERATIVE SUPPORT.—All Federal agencies, 

4 to the extent possible, shall provide cooperative support, 

5 such as office space, laboratory space, laboratory animal 

6 holding facilities, kennel facilities, short- and long-term 

7 housing for staff, power, water, and communication lines, 

8 to Federal agencies conducting brown tree snake control, 

9 interdiction, research, and eradication. 

10 (g) GUIDELINES.—The Brown Tree Snake Control 

11 and Eradication Committee shall develop, in consultation 

12 with the Invasive Species Council established pursuant to 

13 Executive Order No. 13112 (42 U.S.C. 4321 note), guide14 lines for Federal agencies to analyze their actions and 

15 carry out their duties under this section. 

16 SEC. 5. BROWN TREE SNAKE CONTROL, INTERDICTION, RE17 SEARCH AND ERADICATION. 

18 (a) FUNDING AUTHORITY.—Subject to the avail19 ability of appropriations to carry out this section, the Sec20 retaries shall provide funds to support brown tree snake 

21 control, interdiction, research, and eradication efforts car22 ried out by the Department of the Interior and the De23 partment of Agriculture, other Federal agencies, States, 

24 territorial governments, local governments, and private 

25 sector entities. Funds may be provided through grants, 
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1 contracts, reimbursable agreements, or other legal mecha2 nisms available to the Secretaries for the transfer of Fed3 eral funds. 

4 (b) AUTHORIZED ACTIVITIES.—Brown tree snake 

5 control, interdiction, research, and eradication efforts au6 thorized by this section shall include at a minimum the 

7 following: 

8 (1) Expansion of science-based eradication and 

9 control programs in Guam to reduce the undesirable 

10 impact of the brown tree snake in Guam and reduce 

11 the risk of the introduction or spread of brown tree 

12 snakes to areas in the United States in which the 

13 brown tree snake is not established. 

14 (2) Expansion of interagency and intergovern15 mental rapid response teams in Guam, the Common16 wealth of the Northern Mariana Islands, and Hawaii 

17 to assist local governments with detecting brown tree 

18 snakes and incipient brown tree snake populations. 

19 (3) Expansion of science-based efforts to pro20 tect and restore native wildlife in Guam or elsewhere 

21 in the United States damaged by the brown tree 

22 snake. 

23 (4) Continuation, expansion, and provision of 

24 sustained research funding for the Animal and Plant 

25 Health Inspection Service, Wildlife Services, Na-
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1 tional Wildlife Research Center of the Department 

2 of Agriculture related to brown tree snakes. 

3 (5) Continuation, expansion, and provision of 

4 sustained research funding related to brown tree 

5 snakes for the Fort Collins Science Center of the 

6 United States Geological Survey and other research 

7 institutions located in areas affected by the brown 

8 tree snake. 

9 (6) Expansion of long-term research into chem10 ical and biological control techniques that could lead 

11 to large-scale reduction of brown tree snake popu12 lations in Guam or other sites where the brown tree 

13 snake might become established. 

14 (7) Expansion of short, medium, and long-term 

15 research, funded by all Federal agencies interested 

16 in or affected by brown tree snakes, into interdic17 tion, detection, and early control of brown tree 

18 snakes. 

19 (8) Provision of planning assistance for the con20 struction or renovation of centralized multi-agency 

21 facilities in Guam to support Federal, State, and 

22 territorial brown tree snake control, interdiction, re23 search and eradication efforts, including office space, 

24 laboratory space, animal holding facilities, and snake 

25 detector dog kennels. 
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1 (9) Provision of technical assistance to the 

2 Freely Associated States on matters related to 

3 brown tree snakes through the mechanisms con4 tained within a Compact of Free Association dealing 

5 with environmental, quarantine, economic, and 

6 human health issues. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Secretaries to carry 

9 out this section (other than subsection (b)(8)) the fol10 lowing amounts: 

11 (1) For activities conducted through the Animal 

12 and Plant Health Inspection Service, Wildlife Serv13 ices, Operations, not more than $2,600,000 for each 

14 of the fiscal years 2005 through 2010. 

15 (2) For activities conducted through the Animal 

16 and Plant Health Inspection Service, Wildlife Serv17 ices, National Wildlife Research Center, Methods 

18 Development, not more than $2,200,000 for each of 

19 the fiscal years 2005 through 2010. 

20 (3) For activities conducted through the Office 

21 of Insular Affairs, not more than $4,600,000 for 

22 each of the fiscal years 2005 through 2010. 

23 (4) For activities conducted through the Fish 

24 and Wildlife Service, not more than $2,600,000 for 

25 each of the fiscal years 2005 through 2010. 
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1 (5) For activities conducted through the United 

2 States Geological Survey, Biological Resources, not 

3 more than $1,300,000 for each of the fiscal years 

4 2005 through 2010. 

5 (d) CONSTRUCTION PLANNING ASSISTANCE.—There 

6 is authorized to be appropriated to carry out subsection 

7 (b)(8) the following amounts: 

8 (1) To the Secretary of Agriculture, not more 

9 than $2,300,000 for each of the fiscal years 2005 

10 through 2010. 

11 (2) To the Secretary of the Interior, not more 

12 than $2,300,000 for each of the fiscal years 2005 

13 through 2010. 

14 SEC. 6. LEGAL MECHANISMS TO CONTROL THE INTRODUC15 TION AND SPREAD OF BROWN TREE SNAKES. 

16 (a) DESIGNATION OF AGRICULTURAL PEST.—The 

17 brown tree snake is hereby designated as an agricultural 

18 pest in the United States under section 28 of the Federal 

19 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 

20 136w–3). 

21 (b) QUARANTINE PROTOCOLS.—Not later than two 

22 years after of the date of the enactment of this Act, the 

23 Secretaries shall establish, by regulation, a system of pre24 departure quarantine protocols for persons traveling from, 

25 and baggage, cargo and other items being shipped from, 
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1 Guam and other United States locations where brown tree 

2 snakes may have become established to prevent the intro3 duction or spread of the brown tree snake. Under such 

4 system, Federal quarantine, natural resource, conserva5 tion, and law enforcement officers and inspectors may en6 force State and territorial laws regarding the illegal impor7 tation, possession, or introduction of brown tree snakes. 

8 These efforts shall be conducted in cooperation with the 

9 appropriate State and territorial quarantine, natural re10 source, conservation, and law enforcement officers. 

11 (c) NONMAILABLE MATTER.—Consistent with sub12 section (c), brown tree snakes constitute nonmailable mat13 ter under section 3015 of title 39, United States Code. 

14 SEC. 7. BROWN TREE SNAKE CONTROL AND ERADICATION 

15 COMMITTEE. 

16 (a) ESTABLISHMENT.—The Secretaries shall estab17 lish a committee, to be known as the Brown Tree Snake 

18 Control and Eradication Committee, for the purpose of 

19 providing coordination among Federal agencies, and be20 tween the United States Government and State, terri21 torial, and local governments, with respect to efforts re22 lated to brown tree snake control, interdiction, research, 

23 and eradication in Guam, the Commonwealth of the 

24 Northern Mariana Islands, Hawaii, the Freely Associated 
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1 States, and other areas of the United States in which the 

2 brown tree snake is, or may be, introduced. 

3 (b) MEMBERSHIP.—

4 (1) VOTING MEMBERS.—The voting members of 

5 the Committee shall consist of at least one rep6 resentative from each of the following agencies: 

7 (A) The Office of Insular Affairs, ap8 pointed by the Secretary of the Interior. 

9 (B) The United States Fish and Wildlife 

10 Service, appointed by the Secretary of the Inte11 rior. 

12 (C) The United State Geological Survey, 

13 appointed by the Secretary of the Interior. 

14 (D) The Animal and Plant Health Inspec15 tion Service, Wildlife Services, Operations 

16 Branch, appointed by the Secretary of Agri17 culture. 

18 (E) The Animal and Plant Health Inspec19 tion Service, Wildlife Services, National Wildlife 

20 Research Center, appointed by the Secretary of 

21 Agriculture. 

22 (F) The Department of Commerce, ap23 pointed by the Secretary of Commerce. 

24 (G) The Department of Transportation, 

25 appointed by the Secretary of Transportation. 
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1 (H) The Department of Homeland Secu2 rity, appointed by the Secretary of Homeland 

3 Security. 

4 (I) The Armed Forces Pest Management 

5 Board of the Department of Defense, appointed 

6 by the Secretary of Defense. 

7 (J) The Department of the Air Force, ap8 pointed by the Secretary of the Air Force. 

9 (K) The Department of the Navy, ap10 pointed by the Secretary of the Navy. 

11 (L) The Department of Agriculture of the 

12 Government of Guam, appointed by the Gov13 ernor of Guam. 

14 (M) The Department of Land and Natural 

15 Resources of the State of Hawaii, appointed by 

16 the Governor of Hawaii. 

17 (N) The Department of Agriculture of the 

18 State of Hawaii, appointed by the Governor of 

19 Hawaii. 

20 (O) The Department of Land and Natural 

21 Resources of the Commonwealth of the North22 ern Mariana Islands, appointed by the Governor 

23 of the Commonwealth of the Northern Mariana 

24 Islands. 
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1 (P) Such additional voting members as 

2 may be designated under paragraph (3). 

3 (2) NONVOTING MEMBERS.—Nonvoting mem4 bership to the Committee shall be extended to rep5 resentatives of the Freely Associated States as fol6 lows: 

7 (A) The Republic of Palau, appointed by 

8 the President of Palau. 

9 (B) The Federated States of Micronesia, 

10 appointed by the President of the Federated 

11 States of Micronesia. 

12 (C) The Republic of the Marshall Islands, 

13 appointed by the President of the Marshall Is14 lands. 

15 (D) Such additional non-voting members 

16 as may be designated under paragraph (3). 

17 (3) ADDITIONAL MEMBERS.—With the concur18 rence of a majority of the voting members of the 

19 Committee, the chairperson of the Committee may 

20 designate additional voting and nonvoting members 

21 to the Committee from Federal, State, territorial, or 

22 local government agencies, and private sector enti23 ties with significant responsibilities concerning 

24 brown tree snake control, interdiction, research, and 

25 eradication. 
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1 (4) TERM.—The term of a voting or nonvoting 

2 member’s representative on the Committee shall be 

3 three years. A member may be reappointed for addi4 tional terms. Vacancies shall be filed in the same 

5 manner as the original appointment. 

6 (5) COMMITTEE MEETINGS.—The Committee 

7 shall meet at least annually, at the call of the chair8 person. 

9 (c) DUTIES AND FUNCTIONS OF THE COMMITTEE.—

10 The Committee shall ensure that Federal, State, terri11 torial, and local agency efforts concerning the brown tree 

12 snake are coordinated, effective, complementary, and cost13 effective. Specific functions of the Committee include the 

14 following: 

15 (1) Evaluate Federal, State, and territorial ac16 tivities, programs and policies that are likely to 

17 cause or promote the introduction or spread of the 

18 brown tree snake in the United States and rec19 ommend governmental actions to minimize the risk 

20 of introduction or further spread of the brown tree 

21 snake. 

22 (2) Recommend activities, programs, and poli23 cies to reduce and eventually eradicate the brown 

24 tree snake in Guam or other areas within the United 

25 States where the snake may be established and to 
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1 monitor the implementation of those activities, pro2 grams, and policies. 

3 (3) Within 18 months after the date of the en4 actment of this Act, revise the Brown Tree Snake 

5 Control Plan that was prepared by the Brown Tree 

6 Snake Control Committee of the Aquatic Nuisance 

7 Species Task Force, as required by section 1209 of 

8 the Nonindigenous Aquatic Nuisance Prevention and 

9 Control Act of 1990 (16 U.S.C. 4728), to coordinate 

10 Federal, State, territorial, and local government ef11 forts to control, interdict, eradicate or conduct re12 search on the brown tree snake, and subsequently 

13 revise and update this Plan every five years there14 after. 

15 (4) Develop and submit to Congress a biennial 

16 report containing the following: 

17 (A) Description of progress that will lead 

18 toward large-scale population reduction or 

19 eradication of the brown tree snake in Guam or 

20 other sites that are infested by the brown tree 

21 snake. 

22 (B) Description of interdiction and other 

23 activities that will reduce the risk of introduc24 tion of brown tree snakes or other nonindige25 nous snake species in Guam, the Common-
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1 wealth of the Northern Mariana Islands, Ha2 waii, and American Samoa. 

3 (C) Description of applied and basic re4 search that will lead to improved brown tree 

5 snake control, interdiction and eradication ef6 forts conducted by Federal, State, territorial, 

7 and local governments. 

8 (D) Programs and activities for brown tree 

9 snake control, interdiction, research and eradi10 cation that have been funded, implemented, and 

11 planned by Federal, State, territorial, and local 

12 governments. 

13 (E) A list of priorities, ranked in high, me14 dium, and low categories, of Federal, State, ter15 ritorial, and local efforts and programs in the 

16 following areas: 

17 (i) Control. 

18 (ii) Interdiction. 

19 (iii) Research. 

20 (iv) Eradication. 

21 (F) An assessment of current funding 

22 shortfalls and future funding needs to support 

23 Federal, State, territorial, and local government 

24 efforts to control, interdict, eradicate, or con25 duct research on the brown tree snake. 
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1 (G) An assessment of regulatory limita2 tions that hinder Federal, State, territorial, and 

3 local government efforts to control, interdict, 

4 eradicate or conduct research on the brown tree 

5 snake. 

6 (d) COMMITTEE CHAIRPERSON AND COORDI7 NATOR.—

8 (1) APPOINTMENT.—The Secretaries shall—

9 (A) appoint a member of the Committee to 

10 serve as chairperson of the Committee, with a 

11 term of three years; and 

12 (B) hire a Federal Interagency Brown 

13 Tree Snake Coordinator to serve on the staff of 

14 the chairperson. 

15 (2) DUTIES.—The chairperson shall ensure that 

16 Federal, State, territorial, and local agency efforts 

17 concerning the brown tree snake are maximally co18 ordinated, effective, complementary, and cost-effec19 tive through the Committee. Specific duties of the 

20 chairperson include the following: 

21 (A) Coordinate and oversee the meetings of 

22 the Committee. 

23 (B) Coordinate and oversee the Commit24 tee’s work to produce the biennial brown tree 
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1 snake control, research, interdiction, and eradi2 cation reporting documents for Congress. 

3 (C) Coordinate and oversee revision of the 

4 Brown Tree Snake Control Plan. 

5 (D) Coordinate and oversee preparation of 

6 other reports and documents dealing with 

7 brown tree snakes. 

8 (E) Under direction of the Secretaries, and 

9 in collaboration with the Committee, evaluate 

10 Federal, State, and territorial activities, pro11 grams, and policies that are likely to—

12 (i) cause or promote the introduction 

13 or spread of the brown tree snake in the 

14 United States and recommend actions by 

15 Federal, State, territorial, or Freely Asso16 ciated State governments to prevent the in17 troduction and spread of brown tree 

18 snakes; and 

19 (ii) reduce and eventually eradicate 

20 the brown tree snake in Guam and in any 

21 other areas in the United States where the 

22 snake may be established. 

23 (F) Monitor the implementation of those 

24 policies by Federal, State, territorial, and local 

25 agencies and other persons. 
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1 (G) Provide, or arrange for the provision 

2 of, technical assistance dealing with brown tree 

3 snake control, interdiction, research, and eradi4 cation to Federal, State, territorial, and Freely 

5 Associated State governments. 

6 (H) Serve as the primary contact for the 

7 Secretaries for inquires or requests by Congress 

8 and the Administration regarding brown tree 

9 snakes. 

10 (I) Serve as the primary representative for 

11 the Secretaries on brown tree snake issues to 

12 the National Invasive Species Council and pro13 vide assistance to the National Invasive Species 

14 Council related to brown tree snakes. 

15 (3) LIMITATION.—Notwithstanding paragraph 

16 (2), the chairperson shall not have control over fund17 ing decisions or spending authority with respect to 

18 funds provided by any of the Committee members 

19 for the purposes of this Act. Federal and other agen20 cies represented on the Committee shall retain con21 trol over decisions regarding their respective funds, 

22 although the chairperson may participate in plan23 ning and implementation of activities with respect to 

24 such funds. 
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1 (e) STAFF.—The Secretaries may hire staff to assist 

2 the Committee and the chairperson in carrying out their 

3 respective duties and functions. 

4 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to each of the Secretaries 

6 not more than $450,000 for each of the fiscal years 2005 

7 through 2010 to carry out this section. 

8 SEC. 8. MISCELLANEOUS MATTERS. 

9 (a) AVAILABILITY OF APPROPRIATED FUNDS.—

10 Amounts appropriated under this Act shall remain avail11 able until expended. 

12 (b) ADMINISTRATIVE EXPENSES.—Of the amounts 

13 appropriated to carry out this Act for a fiscal year, the 

14 Secretaries may expend not more than five percent to 

15 cover the administrative expenses necessary to carry out 

16 this Act.

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