H. J. Res. 2—72
of 16 U.S.C. 141861a(b)(1)(B) as if it were applicable to fee-share
fisheries.
(j) The term ‘‘fee-share fishery’’ means a fishery, other than
the reduction fishery, whose members are eligible to vote in a
referendum for an industry fee system under paragraph (c). The
term ‘‘reduction fishery’’ means that portion of a fishery holding
limited entry fishing permits endorsed for the operation of trawl
gear and issued under the Federal Pacific Coast Groundfish Fishery
Management Plan.
SEC. 213. (a) The National Oceanic and Atmospheric Adminis-
tration is authorized to enter into a lease arrangement whereby
the National Oceanic and Atmospheric Administration will relocate
the National Weather Service Forecasting Office in Galveston
County, League City, Texas to a Galveston County facility and,
in exchange, Galveston County may use the existing National Oce-
anic and Atmospheric Administration National Weather Service
Forecasting Office.
(b) Neither the National Oceanic and Atmospheric Administra-
tion National Weather Service nor Galveston County will charge
the other rent for use of the space and each will be responsible
for the operation, maintenance and renovation costs it incurs.
SEC. 214. (a) Hereafter, habitat conservation activities, enforce-
ment and surveillance—cooperative enforcement and vessel moni-
toring, stock assessments—data collection, and highly migratory
shark fishery research under the heading, ‘‘National Oceanic and
Atmospheric Administration, Operations, Research and Facilities’’,
shall be considered to be within the ‘‘Coastal Assistance sub-cat-
egory’’ in section 250(c)(4)(K) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
(b) For fiscal year 2004 and thereafter, response and restoration
activities, Cooperative Research, Protected Species activities,
Endangered Species Act—Marine Mammals, Sea Turtles and Other
Species, Endangered Species Act—Right Whales, Marine Mammal
Protection, and Sea Grant (except for the fellowship program) under
the heading, ‘‘National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities’’, shall be considered to be
within the ‘‘Coastal Assistance sub-category’’ in section 250(c)(4)(K)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
as amended.
(c) All references to outlays in title VIII of Public Law 106–
291 are repealed.
This title may be cited as the ‘‘Department of Commerce and
Related Agencies Appropriations Act, 2003’’.
TITLE III—THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme Court,
as required by law, excluding care of the building and grounds,
including purchase or hire, driving, maintenance, and operation
of an automobile for the Chief Justice, not to exceed $10,000 for
the purpose of transporting Associate Justices, and hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not
to exceed $10,000 for official reception and representation expenses;
H. J. Res. 2—73
and for miscellaneous expenses, to be expended as the Chief Justice
may approve, $45,743,000.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect as authorized by law, $41,626,000, which shall remain
available until expended.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized
by law, $20,313,000.
UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries of
the officers and employees of the court, services, and necessary
expenses of the court, as authorized by law, $13,687,000.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL
SERVICES
SALARIES AND EXPENSES
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, mag-
istrate judges, and all other officers and employees of the Federal
Judiciary not otherwise specifically provided for, and necessary
expenses of the courts, as authorized by law, $3,800,000,000
(including the purchase of firearms and ammunition); of which
not to exceed $27,817,000 shall remain available until expended
for space alteration projects and for furniture and furnishings
related to new space alteration and construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Child-
hood Vaccine Injury Act of 1986, not to exceed $2,784,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
DEFENDER SERVICES
For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of
expenses of attorneys appointed to represent persons under the
Criminal Justice Act of 1964, as amended; the compensation and
reimbursement of expenses of persons furnishing investigative,
expert and other services under the Criminal Justice Act of 1964
(18 U.S.C. 3006A(e)); the compensation (in accordance with Criminal
Justice Act maximums) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant
has waived representation by counsel; the compensation and
H. J. Res. 2—74
reimbursement of travel expenses of guardians ad litem acting
on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign
countries with which the United States has a treaty for the execu-
tion of penal sentences; the compensation of attorneys appointed
to represent jurors in civil actions for the protection of their employ-
ment, as authorized by 28 U.S.C. 1875(d); and for necessary training
and general administrative expenses, $538,461,000, to remain avail-
able until expended.
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71A(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)),
$54,636,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under section 5332 of title
5, United States Code.
COURT SECURITY
For necessary expenses, not otherwise provided for, incident
to providing protective guard services for United States courthouses
and the procurement, installation, and maintenance of security
equipment for United States courthouses and other facilities
housing Federal court operations, including building ingress-egress
control, inspection of mail and packages, directed security patrols,
and other similar activities as authorized by section 1010 of the
Judicial Improvement and Access to Justice Act (Public Law 100–
702), $268,400,000, of which not to exceed $10,000,000 shall remain
available until expended, to be expended directly or transferred
to the United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program consistent
with standards or guidelines agreed to by the Director of the
Administrative Office of the United States Courts and the Attorney
General.
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $63,500,000, of which not to
exceed $8,500 is authorized for official reception and representation
expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90–219, $20,856,000; of which $1,800,000
shall remain available through September 30, 2004, to provide
H. J. Res. 2—75
education and training to Federal court personnel; and of which
not to exceed $1,000 is authorized for official reception and represen-
tation expenses.
JUDICIAL RETIREMENT FUNDS
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers’ Retirement Fund, as
authorized by 28 U.S.C. 377(o), $27,700,000; to the Judicial Sur-
vivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c),
$5,200,000; and to the United States Court of Federal Claims
Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l),
$2,400,000.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the provi-
sions of chapter 58 of title 28, United States Code, $12,090,000,
of which not to exceed $1,000 is authorized for official reception
and representation expenses.
GENERAL PROVISIONS—THE JUDICIARY
SEC. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
SEC. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
may be transferred between such appropriations, but no such appro-
priation, except ‘‘Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, Dis-
trict Courts, and Other Judicial Services, Fees of Jurors and
Commissioners’’, shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
SEC. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for district courts, courts of
appeals, and other judicial services shall be available for official
reception and representation expenses of the Judicial Conference
of the United States: Provided, That such available funds shall
not exceed $11,000 and shall be administered by the Director of
the Administrative Office of the United States Courts in the capacity
as Secretary of the Judicial Conference.
This title may be cited as the ‘‘Judiciary Appropriations Act,
2003’’.
H. J. Res. 2—76
TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including employment,
without regard to civil service and classification laws, of persons
on a temporary basis (not to exceed $700,000 of this appropriation),
as authorized by section 801 of the United States Information
and Educational Exchange Act of 1948, as amended; representation
to certain international organizations in which the United States
participates pursuant to treaties ratified pursuant to the advice
and consent of the Senate or specific Acts of Congress; arms control,
nonproliferation and disarmament activities as authorized; acquisi-
tion by exchange or purchase of passenger motor vehicles as author-
ized by law; and for expenses of general administration,
$3,269,258,000: Provided, That, of the amount made available under
this heading, not to exceed $4,000,000 may be transferred to, and
merged with, funds in the ‘‘Emergencies in the Diplomatic and
Consular Service’’ appropriations account, to be available only for
emergency evacuations and terrorism rewards: Provided further,
That, of the amount made available under this heading,
$292,693,000 shall be available only for public diplomacy inter-
national information programs: Provided further, That, of the
amount made available under this heading, $500,000 shall be avail-
able only for grants to the participating organizations in the War
Against Trafficking Alliance for activities and services related to
preparation, execution and follow-up for an international conference
on sex trafficking: Provided further, That the Secretary shall
appoint an advisory panel, reporting directly to the Secretary, to
assess policy goals and program priorities with regard to United
States relations with the countries of Sub-Saharan Africa and to
advise the Secretary of any related findings and recommendations:
Provided further, That this panel shall not be considered to be
a Federal advisory committee for purposes of the Federal Advisory
Committee Act (5 U.S.C. App): Provided further, That funds avail-
able under this heading may be available for a United States
Government interagency task force to examine, coordinate and over-
see United States participation in the United Nations headquarters
renovation project: Provided further, That no funds may be obligated
or expended for processing licenses for the export of satellites of
United States origin (including commercial satellites and satellite
components) to the People’s Republic of China unless, at least
15 days in advance, the Committees on Appropriations of the House
of Representatives and the Senate are notified of such proposed
action.
In addition, not to exceed $1,343,000 shall be derived from
fees collected from other executive agencies for lease or use of
facilities located at the International Center in accordance with
section 4 of the International Center Act, as amended; in addition,
as authorized by section 5 of such Act, $490,000, to be derived
from the reserve authorized by that section, to be used for the
purposes set out in that section; in addition, as authorized by
section 810 of the United States Information and Educational
H. J. Res. 2—77
Exchange Act, not to exceed $6,000,000, to remain available until
expended, may be credited to this appropriation from fees or other
payments received from English teaching, library, motion pictures,
and publication programs and from fees from educational advising
and counseling and exchange visitor programs; and, in addition,
not to exceed $15,000, which shall be derived from reimbursements,
surcharges, and fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$553,000,000, to remain available until expended.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$183,311,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103–236 shall not
apply to funds available under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$29,264,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980, as amended (Public Law 96–465), as it relates
to post inspections.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized, $245,306,000, to remain available until expended:
Provided, That not to exceed $2,000,000, to remain available until
expended, may be credited to this appropriation from fees or other
payments received from or in connection with English teaching,
educational advising and counseling programs, and exchange visitor
programs as authorized.
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $6,485,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Secretary
of State to provide for extraordinary protective services, as author-
ized, $11,000,000, to remain available until September 30, 2004.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292–300), preserving,
maintaining, repairing, and planning for buildings that are owned
or directly leased by the Department of State, renovating, in addi-
tion to funds otherwise available, the Harry S Truman Building,
and carrying out the Diplomatic Security Construction Program
as authorized, $508,500,000, to remain available until expended
as authorized, of which not to exceed $25,000 may be used for
domestic and overseas representation as authorized: Provided, That
none of the funds appropriated in this paragraph shall be available
for acquisition of furniture, furnishings, or generators for other
departments and agencies.
H. J. Res. 2—78
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $755,000,000, to remain
available until expended.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Con-
sular Service, $6,500,000, to remain available until expended as
authorized, of which not to exceed $1,000,000 may be transferred
to and merged with the Repatriation Loans Program Account, sub-
ject to the same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $612,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974. In addition, for administrative expenses necessary to carry
out the direct loan program, $607,000, which may be transferred
to and merged with the Diplomatic and Consular Programs account
under Administration of Foreign Affairs.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act,
Public Law 96–8, $18,450,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND
For payment to the Foreign Service Retirement and Disability
Fund, as authorized by law, $138,200,000.
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions or specific Acts of Congress,
$866,000,000: Provided, That any payment of arrearages under
this title shall be directed toward special activities that are mutually
agreed upon by the United States and the respective international
organization: Provided further, That none of the funds appropriated
in this paragraph shall be available for a United States contribution
to an international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1, 1984,
through external borrowings: Provided further, That funds appro-
priated under this paragraph may be obligated and expended to
pay the full United States assessment to the civil budget of the
North Atlantic Treaty Organization.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $673,710,000,
H. J. Res. 2—79
of which 15 percent shall remain available until September 30,
2004: Provided, That none of the funds made available under this
Act shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance
of voting for the new or expanded mission in the United Nations
Security Council (or in an emergency as far in advance as is
practicable): (1) the Committees on Appropriations of the House
of Representatives and the Senate and other appropriate committees
of the Congress are notified of the estimated cost and length of
the mission, the vital national interest that will be served, and
the planned exit strategy; and (2) a reprogramming of funds pursu-
ant to section 605 of this Act is submitted, and the procedures
therein followed, setting forth the source of funds that will be
used to pay for the cost of the new or expanded mission: Provided
further, That funds shall be available for peacekeeping expenses
only upon a certification by the Secretary of State to the appropriate
committees of the Congress that American manufacturers and sup-
pliers are being given opportunities to provide equipment, services,
and material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers: Provided
further, That none of the funds made available under this heading
are available to pay the United States share of the cost of court
monitoring that is part of any United Nations peacekeeping mission.
INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as fol-
lows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$25,482,000.
CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $5,450,000, to remain available until expended, as author-
ized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided, for the Inter-
national Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized
by Public Law 103–182, $9,472,000, of which not to exceed $9,000
H. J. Res. 2—80
shall be available for representation expenses incurred by the Inter-
national Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $17,100,000: Pro-
vided, That the United States’ share of such expenses may be
advanced to the respective commissions pursuant to 31 U.S.C. 3324.
OTHER
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), as amended, $10,444,000,
to remain available until expended, as authorized.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Pro-
gram Trust Fund on or before September 30, 2003, to remain
available until expended: Provided, That none of the funds appro-
priated herein shall be used to pay any salary or other compensa-
tion, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by 5 U.S.C. 5376; or for purposes
which are not in accordance with OMB Circulars A–110 (Uniform
Administrative Requirements) and A–122 (Cost Principles for Non-
profit Organizations), including the restrictions on compensation
for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship Program
as authorized by section 214 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest
and earnings accruing to the Israeli Arab Scholarship Fund on
or before September 30, 2003, to remain available until expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical Interchange
Between East and West Act of 1960, by grant to the Center for
Cultural and Technical Interchange Between East and West in
the State of Hawaii, $18,000,000, of which $2,500,000 shall remain
available until expended: Provided, That none of the funds appro-
priated herein shall be used to pay any salary, or enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376.
H. J. Res. 2—81
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endow-
ment for Democracy Act, $42,000,000, to remain available until
expended.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international communication
activities, $468,898,000, of which not to exceed $16,000 may be
used for official receptions within the United States as authorized,
not to exceed $35,000 may be used for representation abroad as
authorized, and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/Radio
Liberty; and in addition, notwithstanding any other provision of
law, not to exceed $2,000,000 in receipts from advertising and
revenue from business ventures, not to exceed $500,000 in receipts
from cooperating international organizations, and not to exceed
$1,000,000 in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, to remain
available until expended for carrying out authorized purposes.
BROADCASTING TO CUBA
For necessary expenses to enable the Broadcasting Board of
Governors to carry out broadcasting to Cuba, including the pur-
chase, rent, construction, and improvement of facilities for radio
and television transmission and reception, and purchase and
installation of necessary equipment for radio and television trans-
mission and reception, $24,996,000, to remain available until
expended.
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement of facili-
ties for radio transmission and reception, and purchase and installa-
tion of necessary equipment for radio and television transmission
and reception as authorized, $12,740,000, to remain available until
expended, as authorized.
GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED
AGENCY
SEC. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of title 5, United States Code; for
services as authorized by 5 U.S.C. 3109; and for hire of passenger
transportation pursuant to 31 U.S.C. 1343(b).
SEC. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
H. J. Res. 2—82
Provided, That not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting Board
of Governors in this Act may be transferred between such appropria-
tions, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers: Provided further, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
SEC. 403. None of the funds made available in this Act may
be used by the Department of State or the Broadcasting Board
of Governors to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian Broad-
casting Corporation.
SEC. 404. For the purposes of registration of birth, certification
of nationality, or issuance of a passport of a United States citizen
born in the city of Jerusalem, the Secretary of State shall, upon
request of the citizen, record the place of birth as Israel.
SEC. 405. (a) Within 90 days of enactment of this Act, the
Secretary of the Navy shall transfer, without compensation, to
the Secretary of State administrative jurisdiction over the parcels
of real property, together with any improvements thereon, con-
sisting in aggregate of approximately 10 acres at Naval Base,
Charleston, South Carolina, described in subsection (b).
(b) The parcels of real property described in this subsection
are as follows:
(1) A parcel bounded by Holland Street, Dyess Avenue,
and Hobson Avenue to the entrance way immediately west
of Building 202.
(2) A parcel bounded on the north by Dyess Avenue com-
prising Building 644.
(c) The transfer of jurisdiction of real property under subsection
(a) shall not effect the validity or term of any lease with respect
to such real property in effect as of the date of the transfer.
(d) The Secretary of State shall use the property transferred
under subsection (a) for support of diplomatic and consular oper-
ations.
(e) The exact acreage and legal description of the property
transferred under subsection (a) shall be determined by a survey
satisfactory to the Secretary of the Navy.
(f) The Secretary of the Navy may require such additional
terms and conditions in connection with the transfer of property
under subsection (a) as the Secretary considers appropriate to pro-
tect the interests of the United States.
SEC. 406. (a) The Interagency Task Force to Monitor and Com-
bat Trafficking shall establish a Senior Policy Operating Group.
(b) The Operating Group shall consist of the senior officials
designated as representatives of the appointed members of the
President’s Interagency Task Force to Monitor and Combat Traf-
ficking in Persons (established under Executive Order No. 13257
of February 13, 2002).
(c) The Operating Group shall coordinate agency activities
regarding policies (including grants and grant policies) involving
the international trafficking in persons and the implementation
of this division.
H. J. Res. 2—83
(d) The Operating Group shall fully share information regarding
agency plans, before and after final agency decisions are made,
on all matters regarding grants, grant policies, and other significant
actions regarding the international trafficking of persons and the
implementation of this division.
(e) The Operating Group shall be chaired by the Director of
the Office to Monitor and Combat Trafficking of the Department
of State.
(f) The Operating Group shall meet on a regular basis at
the call of the chair.
This title may be cited as the ‘‘Department of State and Related
Agency Appropriations Act, 2003’’.
TITLE V—RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $98,700,000, to remain available until September 30, 2005.
OPERATIONS AND TRAINING
For necessary expenses of operations and training activities
authorized by law, $92,696,000, of which $13,000,000 shall remain
available until expended for capital improvements at the United
States Merchant Marine Academy.
SHIP DISPOSAL
For necessary expenses related to the disposal of obsolete ves-
sels in the National Defense Reserve Fleet of the Maritime Adminis-
tration, $11,161,000, to remain available until expended.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
For administrative expenses to carry out the guaranteed loan
program, not to exceed $4,126,000, which shall be transferred to
and merged with the appropriation for Operations and Training.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and
make necessary repairs in connection with any lease, contract,
or occupancy involving Government property under control of the
Maritime Administration, and payments received therefore shall
be credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease, contract,
or occupancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year
from the construction fund established by the Merchant Marine
Act, 1936, or otherwise, in excess of the appropriations and limita-
tions contained in this Act or in any prior appropriation Act.
H. J. Res. 2—84
COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE
ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation of Amer-
ica’s Heritage Abroad, $499,000, as authorized by section 1303
of Public Law 99–83.
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,096,000: Provided,
That not to exceed $50,000 may be used to employ consultants:
Provided further, That none of the funds appropriated in this para-
graph shall be used to employ in excess of four full-time individuals
under Schedule C of the Excepted Service exclusive of one special
assistant for each Commissioner: Provided further, That none of
the funds appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the exception
of the chairperson, who is permitted 125 billable days.
COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105–
292), $2,884,000, to remain available until expended.
COMMISSION ON OCEAN POLICY
SALARIES AND EXPENSES
For the necessary expenses of the Commission on Ocean Policy,
$2,000,000, to remain available until expended.
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94–304,
$1,582,000, to remain available until expended as authorized by
section 3 of Public Law 99–7.
CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S
REPUBLIC OF CHINA
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive Commis-
sion on the People’s Republic of China, as authorized, $1,380,000,
including not more than $3,000 for the purpose of official represen-
tation, to remain available until expended.
H. J. Res. 2—85
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, as amended (29 U.S.C. 206(d) and 621–634), the Americans
with Disabilities Act of 1990, and the Civil Rights Act of 1991,
including services as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary
awards to private citizens; and not to exceed $33,000,000 for pay-
ments to State and local enforcement agencies for services to the
Commission pursuant to title VII of the Civil Rights Act of 1964,
as amended, sections 6 and 14 of the Age Discrimination in Employ-
ment Act, the Americans with Disabilities Act of 1990, and the
Civil Rights Act of 1991, $308,822,000: Provided, That the Commis-
sion is authorized to make available for official reception and rep-
resentation expenses not to exceed $2,500 from available funds.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allow-
ances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed
$600,000 for land and structure; not to exceed $500,000 for improve-
ment and care of grounds and repair to buildings; not to exceed
$4,000 for official reception and representation expenses; purchase
and hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109, $271,000,000, of which not to exceed
$300,000 shall remain available until September 30, 2004, for
research and policy studies: Provided, That $269,000,000 of offset-
ting collections shall be assessed and collected pursuant to section
9 of title I of the Communications Act of 1934, as amended, and
shall be retained and used for necessary expenses in this appropria-
tion, and shall remain available until expended: Provided further,
That the sum herein appropriated shall be reduced as such offset-
ting collections are received during fiscal year 2003 so as to result
in a final fiscal year 2003 appropriation estimated at $2,000,000:
Provided further, That any offsetting collections received in excess
of $269,000,000 in fiscal year 2003 shall remain available until
expended, but shall not be available for obligation until October
1, 2003.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act, 1936,
as amended (46 U.S.C. App. 1111), including services as authorized
by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901–5902, $16,700,000: Provided, That
not to exceed $2,000 shall be available for official reception and
representation expenses.
H. J. Res. 2—86
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109; hire of pas-
senger motor vehicles; not to exceed $2,000 for official reception
and representation expenses, $176,608,000, to remain available
until expended: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for collection
services in accordance with the terms of 31 U.S.C. 3718, as
amended: Provided further, That, notwithstanding any other provi-
sion of law, not to exceed $168,100,000 of offsetting collections
derived from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, and offsetting
collections derived from fees sufficient to implement and enforce
the do-not-call provisions of the Telemarketing Sales Rule, 16 C.F.R.
Part 310, promulgated under the Telephone Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), estimated at
$18,100,000, shall be collected pursuant to this authority: Provided
further, That all offsetting collections shall be credited to this appro-
priation, used for necessary expenses, and remain available until
expended: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections
are received during fiscal year 2003, so as to result in a final
fiscal year 2003 appropriation from the general fund estimated
at not more than $8,508,000: Provided further, That none of the
funds made available to the Federal Trade Commission shall be
available for obligation for expenses authorized by section 151 of
the Federal Deposit Insurance Corporation Improvement Act of
1991 (Public Law 102–242; 105 Stat. 2282–2285).
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974, as
amended, $338,848,000, of which $9,500,000 is to provide supple-
mental funding for basic field programs, and related administration,
for service areas (including a merged or reconfigured service area)
that will receive less funding under the Legal Services Corporation
Act for fiscal year 2003 than the area received for fiscal year
2002, due to use of data from the 2000 Census, and of which
$310,048,000 is for basic field programs and required independent
audits; $2,600,000 is for the Office of Inspector General, of which
such amounts as may be necessary may be used to conduct addi-
tional audits of recipients; $13,300,000 is for management and
administration; and $3,400,000 is for client self-help and informa-
tion technology.
ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited
by, or contrary to any of the provisions of, sections 501, 502,
H. J. Res. 2—87
503, 504, 505, and 506 of Public Law 105–119, and all funds
appropriated in this Act to the Legal Services Corporation shall
be subject to the same terms and conditions set forth in such
sections, except that all references in sections 502 and 503 to
1997 and 1998 shall be deemed to refer instead to 2002 and 2003,
respectively, and except that section 501(a)(1) of Public Law 104–
134 (110 Stat. 1321–51, et seq.) shall not apply to the use of
the $9,500,000 to address loss of funding due to Census-based
reallocations.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission,
$3,050,000, of which $500,000 shall remain available until Sep-
tember 30, 2004.
NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION
For necessary expenses of the National Veterans Business
Development Corporation as authorized under section 33(a) of the
Small Business Act, as amended, $2,000,000.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,000 for official
reception and representation expenses, $716,350,000; of which not
to exceed $10,000 may be used toward funding a permanent secre-
tariat for the International Organization of Securities Commissions;
and of which not to exceed $100,000 shall be available for expenses
for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of
their delegations, appropriate representatives and staff to exchange
views concerning developments relating to securities matters,
development and implementation of cooperation agreements con-
cerning securities matters and provision of technical assistance
for the development of foreign securities markets, such expenses
to include necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in attendance
at such consultations and meetings including: (1) such incidental
expenses as meals taken in the course of such attendance; (2)
any travel and transportation to or from such meetings; and (3)
any other related lodging or subsistence: Provided, That fees and
charges authorized by sections 6(b) of the Securities Exchange
Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and
78ee) shall be credited to this account as offsetting collections:
Provided further, That not to exceed $716,350,000 of such offsetting
collections shall be available until expended for necessary expenses
of this account: Provided further, That the total amount appro-
priated under this heading from the general fund for fiscal year
2003 shall be reduced as such offsetting fees are received so as
H. J. Res. 2—88
to result in a final total fiscal 2003 appropriation from the general
fund estimated at not more than $0.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 105–135,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception
and representation expenses, $314,457,000: Provided, That the
Administrator is authorized to charge fees to cover the cost of
publications developed by the Small Business Administration, and
certain loan servicing activities: Provided further, That, notwith-
standing 31 U.S.C. 3302, revenues received from all such activities
shall be credited to this account, to be available for carrying out
these purposes without further appropriations: Provided further,
That $89,000,000 shall be available to fund grants for performance
in fiscal year 2003 or fiscal year 2004 as authorized.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $12,422,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $3,726,000, to be available until
expended; and for the cost of guaranteed loans, $85,360,000, as
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain
available until September 30, 2004: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That during fiscal year 2003 commitments to
guarantee loans under section 503 of the Small Business Investment
Act of 1958, as amended, shall not exceed $4,500,000,000, as pro-
vided under section 20(h)(1)(B)(ii) of the Small Business Act: Pro-
vided further, That during fiscal year 2003 commitments for general
business loans authorized under section 7(a) of the Small Business
Act, as amended, shall not exceed $10,000,000,000 without prior
notification of the Committees on Appropriations of the House of
Representatives and Senate in accordance with section 605 of this
Act: Provided further, That during fiscal year 2003 commitments
to guarantee loans for debentures and participating securities under
section 303(b) of the Small Business Investment Act of 1958, as
amended, shall not exceed the levels established by section
20(i)(1)(C) of the Small Business Act.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $129,000,000, which may be trans-
ferred to and merged with the appropriations for Salaries and
Expenses.
DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b) of the
Small Business Act, as amended, $73,140,000, to remain available
until expended: Provided, That such costs, including the cost of
H. J. Res. 2—89
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
loan program, $118,354,000, which may be transferred to and
merged with appropriations for Salaries and Expenses, of which
$500,000 is for the Office of Inspector General of the Small Business
Administration for audits and reviews of disaster loans and the
disaster loan program and shall be transferred to and merged
with appropriations for the Office of Inspector General; of which
$108,000,000 is for direct administrative expenses of loan making
and servicing to carry out the direct loan program; and of which
$9,854,000 is for indirect administrative expenses: Provided, That
any amount in excess of $9,854,000 to be transferred to and merged
with appropriations for Salaries and Expenses for indirect adminis-
trative expenses shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business Administration
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this paragraph shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as author-
ized by the State Justice Institute Authorization Act of 1992 (Public
Law 102–572; 106 Stat. 4515–4516), $3,000,000: Provided, That
not to exceed $2,500 shall be available for official reception and
representation expenses.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 602. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 604. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
H. J. Res. 2—90
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
SEC. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 2003, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds which: (1) creates
new programs; (2) eliminates a program, project, or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or activi-
ties; or (6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Appropria-
tions Committees of both Houses of Congress are notified 15 days
in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2003, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a re-
programming of funds in excess of $500,000 or 10 percent, which-
ever is less, that: (1) augments existing programs, projects
(including construction projects), or activities; (2) reduces by 10
percent funding for any existing program, project, or activity, or
numbers of personnel by 10 percent as approved by Congress;
or (3) results from any general savings from a reduction in personnel
which would result in a change in existing programs, activities,
or projects as approved by Congress; unless the Appropriations
Committees of both Houses of Congress are notified 15 days in
advance of such reprogramming of funds.
SEC. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency repair),
overhaul, conversion, or modernization of vessels for the National
Oceanic and Atmospheric Administration in shipyards located out-
side of the United States.
SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
(c) PROHIBITION
OF
CONTRACTS
WITH
PERSONS
FALSELY
LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally
determined by a court or Federal agency that any person inten-
tionally affixed a label bearing a ‘‘Made in America’’ inscription,
or any inscription with the same meaning, to any product sold
in or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant