H. J. Res. 2—539
TITLE V—FISHERIES DISASTERS
SEC. 501. (a) FISHERIES DISASTERS.—In addition to amounts
appropriated or otherwise made available, $100,000,000 is appro-
priated to the Department of Commerce for fisheries disaster assist-
ance. Not more than 5 percent of such funds may be used for
administrative expenses, and no funds may be used for lobbying
activities or representational expenses.
(b) WESTERN PACIFIC AND NORTH PACIFIC.—$5,000,000 shall
be made available as a direct lump sum payment to the State
of Hawaii for economic assistance to fisheries affected by Federal
closures or fishing restrictions and $35,000,000 shall be made avail-
able as a direct lump sum payment to the State of Alaska no
later than 30 days after the date of enactment of this Act to
make payments to persons or entities which have experienced
significant economic hardship. Funds in Alaska shall be used to
provide: (i) personal assistance with priority given to food, energy
needs, housing assistance, transportation fuel including subsistence
activities, and other urgent needs; (ii) assistance for small
businesses including fishermen, fish processors, and related
businesses serving the fishing industry; (iii) and assistance for
local and borough governments adversely affected by reductions
in fish landing fees and other fishing-related revenue; and (iv)
product development and marketing.
(c) NORTHEAST AND WEST COAST.—$10,000,000 shall be made
available to conduct a voluntary fishing capacity reduction program
in the Northeast multispecies fishery and $10,000,000 shall be
made available to conduct a voluntary fishing capacity reduction
program in the West Coast groundfish fishery. Such sums shall
supplement the voluntary capacity reduction program authorized
for the fishery in section 211 of Public Law 107–206 and be con-
sistent with section 312(b) of the Magnuson-Stevens Fishery Con-
servation and Management Act and the requirements relating to
the capacity program in section 211 of Public Law 107–206 that
shall—
(1) permanently revoke all fishery licenses, fishery permits,
area and species endorsements, and any other fishery privileges
issued to a vessel or vessels (or to persons on the basis of
their operation or ownership of that vessel or vessels) removed
under the program; and
(2) ensure that vessels removed under the program are
made permanently ineligible to participate in any fishery world-
wide, and that the owners of such vessels will operate only
under the United States flag or be scrapped as a reduction
vessel pursuant to section 600.1011(c) of title 50, Code of Fed-
eral Regulations.
(d) GULF AND SOUTH ATLANTIC.—
(1) $17,500,000 shall be made available for assistance to
the shrimp industries in the States of South Carolina, Georgia,
North Carolina, and Florida in proportion to the percentage
of the shrimp catch landed by each State for economic assist-
ance to the South Atlantic shrimp fishery: Provided, That the
State of Florida shall receive only that proportion associated
with landings of the Florida east coast fishery; and
(2) $17,500,000 shall be made available for assistance to
the shrimp industries in the States of Mississippi, Texas, Ala-
bama, Louisiana, and Florida in proportion to the percentage
H. J. Res. 2—540
of the shrimp catch landed by each State for economic assist-
ance to the Gulf shrimp fishery: Provided, That the State
of Florida shall receive only that proportion associated with
landings of the Florida gulf coast fishery. Provided further,
That 2 percent of funds received by each State shall be retained
by the State for distribution of additional payments to fisher-
men with a demonstrated record of compliance with turtle
excluder and bycatch reduction device regulations, and that
the remainder of the funds may be used only for: (A) personal
assistance with priority given to food, energy needs, housing
assistance, transportation fuel, and other urgent needs; (B)
assistance for small businesses including fishermen, fish proc-
essors, and related businesses serving the fishing industry;
(C) domestic product marketing and seafood promotion; (D)
State seafood testing programs; (E) development of limited
entry programs for the fishery; (F) funding or other incentives
to ensure widespread and proper use of turtle excluder devices
and bycatch reduction devices in the fishery; and (G) voluntary
capacity reduction programs for shrimp fisheries under limited
access.
(e) BLUE CRAB FISHERY.—$5,000,000 shall be made available
for assistance to blue crab fisheries affected by reduced harvests
and sales of blue crab in proportion to the amount of the catch
landed by each State: Provided, That such funds may be used
only for: (i) personal assistance with priority given to food, energy
needs, housing assistance, transportation fuel, and other urgent
needs; (ii) assistance for small businesses including fishermen, fish
processors, and related businesses serving the fishing industry;
(iii) domestic product marketing and seafood promotion; and (iv)
state seafood testing programs: Provided further, That the Secretary
of Commerce, in consultation with the Commandant of the Coast
Guard, shall provide coordinated, enhanced and routine support
for fisheries monitoring and enforcement through use of remote
sensing, aircraft and communications assets, with particular
emphasis on Federal waters seaward of the coasts of South Carolina
and Georgia, including the Charleston Bump closed area.
TITLE VI—OFFSETS
SEC. 601. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby
rescinded an amount equal to 0.65 percent of—
(1) the budget authority provided (or obligation limitation
imposed) for fiscal year 2003 for any discretionary account
in divisions A through K of this joint resolution;
(2) the budget authority provided in any advance appropria-
tion for fiscal year 2003 for any discretionary account in any
prior fiscal year appropriations Act; and
(3) the contract authority provided in fiscal year 2003 for
any program subject to limitation contained in this joint resolu-
tion.
(b) PROPORTIONATE APPLICATION.—Any rescission made by sub-
section (a) shall be applied proportionately—
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
H. J. Res. 2—541
for the relevant fiscal year covering such account or item,
or for accounts and items not included in appropriation Acts,
as delineated in the most recently submitted President’s
budget).
(c) The rescission in subsection (a) shall not apply to budget
authority appropriated or otherwise made available by this joint
resolution in the following amounts in the following activities or
accounts:
$4,696,000,000 provided for the Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC)
in the Department of Agriculture in division A;
$6,667,533,000 provided for the Head Start Act in the
Department of Education in division G;
$23,889,304,000 provided for medical care in the Depart-
ment of Veterans Affairs in division K; and
$3,836,000,000 provided for the Shuttle program in the
National Aeronautics and Space Administration in division K.
TITLE VII—BONNEVILLE POWER ADMINISTRATION
BORROWING AUTHORITY
SEC. 701. For the purposes of providing funds to assist in
financing the construction, acquisition, and replacement of the
transmission system of the Bonneville Power Administration and
to implement the authority of the Administrator under the Pacific
Northwest Electric Power Planning and Conservation Act (16 U.S.C.
839 et seq.), an additional $700,000,000 in borrowing authority
is made available under the Federal Columbia River Transmission
System Act (16 U.S.C. 838 et seq.), to remain outstanding at any
time: Provided, That the Bonneville Power Administration shall
not use more than $531,000,000 of its permanent borrowing
authority in fiscal year 2003.
SEC. 702. Notwithstanding Rule 3 of the Budget Scorekeeping
Guidelines set forth in the joint explanatory statement of the com-
mittee of conference accompanying Conference Report No. 105–
217, the provisions of this title that would have been estimated
by the Office of Management and Budget as changing direct
spending or receipts under section 252 of the Balanced Budget
and Emergency Deficit Control Act of 1985 were they included
in an Act other than an appropriations Act shall be treated as
direct spending or receipts legislation, as appropriate, under section
252 of the Balanced Budget and Emergency Deficit Control Act
of 1985, and by the Chairmen of the House and Senate Budget
Committees, as appropriate, under the Congressional Budget Act
of 1974.
DIVISION O—PRICE-ANDERSON ACT AMENDMENTS
SEC. 101. INDEMNIFICATION OF NUCLEAR REGULATORY COMMISSION
LICENSEES.
Section 170 c. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(c)) is amended by striking ‘‘August 1, 2002’’ each place it
appears and inserting ‘‘December 31, 2003’’.
H. J. Res. 2—542
DIVISION P—UNITED STATES-CHINA ECONOMIC AND
SECURITY REVIEW COMMISSION
SECTION 1. SHORT TITLE.—This division may be cited as the
‘‘United States-China Economic and Security Review Commission’’.
SEC. 2. (a) APPROPRIATIONS.—There are appropriated, out of
any funds in the Treasury not otherwise appropriated, $1,800,000,
to remain available until expended, to the United States-China
Economic and Security Review Commission.
(b) NAME CHANGE.—
(1) IN
GENERAL.—Section 1238 of the Floyd D. Spence
National Defense Authorization Act of 2001 (22 U.S.C. 7002)
is amended—
(A) in the section heading by inserting ‘‘ECONOMIC
AND’’ before ‘‘SECURITY’’;
(B) in subsection (a)—
(i) in paragraph (1), by inserting ‘‘Economic and’’
before ‘‘Security’’; and
(ii) in paragraph (2), by inserting ‘‘Economic and’’
before ‘‘Security’’;
(C) in subsection (b)—
(i) in the subsection heading, by inserting ‘‘ECO-
NOMIC AND’’ before ‘‘SECURITY’’;
(ii) in paragraph (1), by inserting ‘‘Economic and’’
before ‘‘Security’’;
(iii) in paragraph (3)—
(I) in the matter preceding subparagraph (A),
by inserting ‘‘Economic and’’ before ’’Security’’; and
(II) in subparagraph (H), by inserting ‘‘Eco-
nomic and’’ before ‘‘Security’’; and
(iv) in paragraph (4), by inserting ‘‘Economic and’’
before ‘‘Security’’ each place it appears; and
(D) in subsection (e)—
(i) in paragraph (1), by inserting ‘‘Economic and’’
before ‘‘Security’’;
(ii) in paragraph (2), by inserting ‘‘Economic and’’
before ‘‘Security’’;
(iii) in paragraph (3)—
(I) in the first sentence, by inserting ‘‘Economic
and’’ before ‘‘Security’’; and
(II) in the second sentence, by inserting ‘‘Eco-
nomic and’’ before ‘‘Security’’;
(iv) in paragraph (4), by inserting ‘‘Economic and’’
before ‘‘Security’’; and
(v) in paragraph (6), by inserting ‘‘Economic and’’
before ‘‘Security’’ each place it appears.
(2) REFERENCES.—Any reference in any Federal law, Execu-
tive order, rule, regulation, or delegation of authority, or any
document of or relating to the United States-China Security
Review Commission shall be deemed to refer to the United
States-China Economic and Security Review Commission.
(c) MEMBERSHIP, RESPONSIBILITIES, AND TERMS.—
(1) IN GENERAL.—Section 1238(b)(3) of the Floyd D. Spence
National Defense Authorization Act of 2001 (22 U.S.C. 7002)
is amended by striking subparagraph (F) and inserting the
following:
H. J. Res. 2—543
‘‘(F) each appointing authority referred to under sub-
paragraphs (A) through (D) of this paragraph shall—
‘‘(i) appoint 3 members to the Commission;
‘‘(ii) make the appointments on a staggered term
basis, such that—
‘‘(I) 1 appointment shall be for a term expiring
on December 31, 2003;
‘‘(II) 1 appointment shall be for a term expiring
on December 31, 2004; and
‘‘(III) 1 appointment shall be for a term
expiring on December 31, 2005;
‘‘(iii) make all subsequent appointments on an
approximate 2-year term basis to expire on December
31 of the applicable year; and
‘‘(iv) make appointments not later than 30 days
after the date on which each new Congress convenes;’’.
(2) RESPONSIBILITIES
OF
THE COMMISSION.—The United
States-China Commission shall focus, in lieu of any other areas
of work or study, on the following:
(A) PROLIFERATION PRACTICES.—The Commission shall
analyze and assess the Chinese role in the proliferation
of weapons of mass destruction and other weapons
(including dual use technologies) to terrorist-sponsoring
states, and suggest possible steps which the United States
might take, including economic sanctions, to encourage the
Chinese to stop such practices.
(B) ECONOMIC REFORMS AND UNITED STATES ECONOMIC
TRANSFERS.—The Commission shall analyze and assess the
qualitative and quantitative nature of the shift of United
States production activities to China, including the reloca-
tion of high-technology, manufacturing, and R&D facilities;
the impact of these transfers on United States national
security, including political influence by the Chinese
Government over American firms, dependence of the United
States national security industrial base on Chinese imports,
the adequacy of United States export control laws, and
the effect of these transfers on United States economic
security, employment, and the standard of living of the
American people; analyze China’s national budget and
assess China’s fiscal strength to address internal instability
problems and assess the likelihood of externalization of
such problems.
(C) ENERGY.—The Commission shall evaluate and
assess how China’s large and growing economy will impact
upon world energy supplies and the role the United States
can play, including joint R&D efforts and technological
assistance, in influencing China’s energy policy.
(D) UNITED STATES CAPITAL MARKETS.—The Commis-
sion shall evaluate the extent of Chinese access to, and
use of United States capital markets, and whether the
existing disclosure and transparency rules are adequate
to identify Chinese companies which are active in United
States markets and are also engaged in proliferation activi-
ties or other activities harmful to United States security
interests.
(E) CORPORATE
REPORTING.—The Commission shall
assess United States trade and investment relationship