108th Congress

February 20, 2003

117 Stat. 11

_________________

H.J.Res.2

ONE HUNDRED AND EIGHTH CONRESS OF THE UNITED

STATES OF AMERICA

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday, the seventh day of January, two thousand and three

Joint Resolution

Making consolidated appropriations for the fiscal year ending September 30, 2003, and for other purposes.

    Resolved by the Senate and House of Representatives of the United States of America in Congress assembled ,

NOTE: The Consolidated Appropriations Resolution, 2003, contained on INSERTS has been streamlined to include only the following sections relating to immigration. Sections 105 , 106 , 107 , 108 , and 213 ,

SECTION 1. SHORT TITLE.

This joint resolution may be cited as the ``Consolidated Appropriations Resolution, 2003''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this joint resolution is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. References.

DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS, 2003

Title I--Department of Justice

Title II--Department of Commerce and Related Agencies

Title III--The Judiciary

Title IV--Department of State and Related Agency

Title V--Related Agencies

Title VI--General Provisions

Title VII--Rescissions

SEC. 105. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW .

(a) The Homeland Security Act of 2002 (Public Law 107–296) is amended—

(1) in subsection 1102(2), by inserting new paragraphs (A) and (B) as follows:

‘‘(A) by striking ‘Attorney General’ in the title and inserting ‘Secretary of Homeland Security’;

‘‘(B) by striking ‘The Attorney General’ in subsection (a)(1) and inserting ‘The Secretary of Homeland Security’;’’;

(2) by redesignating paragraphs (A) and (B) as paragraphs (C) and (D), respectively; and

(3) by adding at the end of title XI, subtitle A, the following new section:

‘‘SEC. 1104. EFFECTIVE DATE.

‘‘The provisions of this subtitle shall take effect on the date of the transfer of functions from the Commissioner of Immigration and Naturalization to officials of the Department of Homeland Security.’’.

SEC. 106. SAVINGS PROVISION OF CERTAIN TRANSFERS MADE UNDER THE HOMELAND SECURITY ACT OF 2002.

The transfer of functions under subtitle B of title XI of the Homeland Security Act of 2002 (Public Law 107–296) shall not affect any pending or completed administrative actions, including orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, or registrations, in effect on the date immediately prior to the date of such transfer, or any proceeding, unless and until amended, modified, superseded, terminated, set aside, or revoked. Pendin g civil actions shall not be affected by such transfer of functions.

SEC. 107. RESTORATION OF PROVISION REGARDING FEES TO COVER THE FULL COSTS OF ALL ADJUDICATION SERVICES.

The Homeland Security Act of 2002 (Public Law 107–296) is amended by striking section 457, including the amendment made by such section: Provided , That no court shall have jurisdiction over any cause or claim arising under the provisions of section 457 of the Homeland Security Act of 2002 (Public Law 107–296), this section, or any regulations promulgated thereunder. This division may be cited as the ‘‘Homeland Security Act Amendments of 2003’’.

SEC. 108. Section 286(e) of the Immigration and Nationality Act (8 U.S.C. 1356(e)) is amended by striking paragraph (3) and replacing it with the following:

“(3) The Attorney General shall charge and collect $3 per individual for the immigration inspection or pre-inspection of each commercial vessel passenger whose journey originated in the United States or in any place set forth in paragraph (1): Provided , That this requirement shall not apply to immigration inspection at designated

ports of entry of passengers arriving by ferry, or by Great Lakes vessels on the Great Lakes and connecting waterways when operating on a regular schedule. For the purposes of this paragraph, the term `ferry' means a vessel, in other than ocean or coastwise service, having provisions only for deck passengers and/or vehicles, operating on a short run on a frequent schedule between two points over the most direct water route, and offering a public service of a type normally attributed to a bridge or tunnel.” .

SEC. 213. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is amended—

(1) in section 599D (8 U.S.C. 1157 note)—

(A) in subsection (b)(3), by striking ‘‘1997, 1998, 1999, 2000, and 2001’’ and inserting ‘‘1997, 1998, 1999, 2000, 2001, 2002 and 2003’’; and

(B) in subsection (e), by striking ‘‘October 1, 2002’’ each place it appears and inserting ‘‘October 1, 2003’’; and

(2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking ‘‘September 30, 2002’’ and inserting ‘‘September 30, 2003’’.