H. J. Res. 2—58
agencies in the development of the System, and if so, all documents
and materials relating to those consultations; (6) concerning policy
directives or guidance issued to officials about implementation of
the System, including the role of the Federal Bureau of Investiga-
tion in conducting national security background checks of reg-
istrants; (7) explaining why certain Immigration and Naturalization
Service District Offices detained persons with pending status-
adjustment applications; and (8) explaining how information gath-
ered during interviews of registrants will be stored, used, or trans-
mitted to other Federal, State, or local agencies.
This title may be cited as the ‘‘Department of Justice Appropria-
tions Act, 2003’’.
TITLE II—DEPARTMENT OF COMMERCE AND RELATED
AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and
the employment of experts and consultants as authorized by 5
U.S.C. 3109, $34,999,000, of which $1,000,000 shall remain avail-
able until expended: Provided, That not to exceed $98,000 shall
be available for official reception and representation expenses.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as author-
ized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception
and representation expenses, $54,000,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities of
the Department of Commerce provided for by law, and for engaging
in trade promotional activities abroad, including expenses of grants
and cooperative agreements for the purpose of promoting exports
of United States firms, without regard to 44 U.S.C. 3702 and
3703; full medical coverage for dependent members of immediate
families of employees stationed overseas and employees temporarily
posted overseas; travel and transportation of employees of the
United States and Foreign Commercial Service between two points
abroad, without regard to 49 U.S.C. 1517; employment of Americans
and aliens by contract for services; rental of space abroad for
periods not exceeding 10 years, and expenses of alteration, repair,
H. J. Res. 2—59
or improvement; purchase or construction of temporary demount-
able exhibition structures for use abroad; payment of tort claims,
in the manner authorized in the first paragraph of 28 U.S.C. 2672
when such claims arise in foreign countries; not to exceed $327,000
for official representation expenses abroad; purchase of passenger
motor vehicles for official use abroad, not to exceed $30,000 per
vehicle; obtaining insurance on official motor vehicles; and rental
of tie lines, $370,192,000, to remain available until expended, of
which $8,000,000 is to be derived from fees to be retained and
used by the International Trade Administration, notwithstanding
31 U.S.C. 3302: Provided, That $67,669,000 shall be for Trade
Development, $31,204,000 shall be for Market Access and Compli-
ance, $44,229,000 shall be for the Import Administration,
$202,040,000 shall be for the United States and Foreign Commercial
Service, and $25,050,000 shall be for Executive Direction and
Administration: Provided further, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities without
regard to section 5412 of the Omnibus Trade and Competitiveness
Act of 1988 (15 U.S.C. 4912); and that for the purpose of this
Act, contributions under the provisions of the Mutual Educational
and Cultural Exchange Act shall include payment for assessments
for services provided as part of these activities.
BUREAU OF INDUSTRY AND SECURITY
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for serv-
ices abroad; payment of tort claims, in the manner authorized
in the first paragraph of 28 U.S.C. 2672 when such claims arise
in foreign countries; not to exceed $15,000 for official representation
expenses abroad; awards of compensation to informers under the
Export Administration Act of 1979, and as authorized by 22 U.S.C.
401(b); purchase of passenger motor vehicles for official use and
motor vehicles for law enforcement use with special requirement
vehicles eligible for purchase without regard to any price limitation
otherwise established by law, $74,653,000, to remain available until
September 30, 2004, of which $7,250,000 shall be for inspections
and other activities related to national security: Provided, That
the provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities: Provided further, That payments and contribu-
tions collected and accepted for materials or services provided as
part of such activities may be retained for use in covering the
cost of such activities, and for providing information to the public
with respect to the export administration and national security
activities of the Department of Commerce and other export control
programs of the United States and other governments.
H. J. Res. 2—60
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, as
amended, and for trade adjustment assistance, $290,000,000, to
remain available until expended.
SALARIES AND EXPENSES
For necessary expenses of administering the economic develop-
ment assistance programs as provided for by law, $30,765,000:
Provided, That these funds may be used to monitor projects
approved pursuant to title I of the Public Works Employment
Act of 1976, as amended, title II of the Trade Act of 1974, as
amended, and the Community Emergency Drought Relief Act of
1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business enterprise,
including expenses of grants, contracts, and other agreements with
public or private organizations, $28,906,000.
ECONOMIC AND INFORMATION INFRASTRUCTURE
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
$72,158,000, to remain available until September 30, 2004.
BUREAU OF THE CENSUS
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, analyzing, pre-
paring, and publishing statistics, provided for by law, $183,000,000.
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses related to the 2000 decennial census,
$41,893,000, to remain available until expended: Provided, That,
of the total amount available related to the 2000 decennial census
($41,893,000 in new appropriations and $41,817,000 in deobligated
balances from prior years), $3,461,000 is for Program Development
and Management; $42,651,000 is for Data Content and Products;
$4,630,000 is for Field Data Collection and Support Systems;
$12,826,000 is for Automated Data Processing and Telecommuni-
cations Support; $16,333,000 is for Testing and Evaluation;
$2,472,000 is for activities related to Puerto Rico, the Virgin Islands
and Pacific Areas; and $1,337,000 is for Marketing, Communications
and Partnership activities.
H. J. Res. 2—61
In addition, for expenses related to planning, testing, and imple-
menting the 2010 decennial census, $146,306,000.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law,
$183,283,000, to remain available until expended: Provided, That
regarding engineering and design of a facility at the Suitland Fed-
eral Center, quarterly reports regarding the expenditure of funds
and project planning, design and cost decisions shall be provided
by the Bureau, in cooperation with the General Services Administra-
tion, to the Committees on Appropriations of the Senate and the
House of Representatives: Provided further, That none of the funds
provided in this Act or any other Act under the heading ‘‘Bureau
of the Census, Periodic Censuses and Programs’’ shall be used
to fund the construction and tenant build-out costs of a facility
at the Suitland Federal Center.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National
Telecommunications 
and 
Information 
Administration 
(NTIA),
$14,700,000, to remain available until expended: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, and operations, and related services and such fees shall
be retained and used as offsetting collections for costs of such
spectrum services, to remain available until expended: Provided
further, That hereafter, notwithstanding any other provision of law,
NTIA shall not authorize spectrum use or provide any spectrum
functions pursuant to the National Telecommunications and
Information Administration Organization Act, 47 U.S.C. 902–903,
to any Federal entity without reimbursement as required by NTIA
for such spectrum management costs, and Federal entities with-
holding payment of such cost shall not use spectrum: Provided
further, That the Secretary of Commerce is authorized to retain
and use as offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs incurred
in telecommunications research, engineering, and related activities
by the Institute for Telecommunication Sciences of NTIA, in further-
ance of its assigned functions under this paragraph, and such
funds received from other Government agencies shall remain avail-
able until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $43,556,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $2,478,000 shall be available for
program administration as authorized by section 391 of the Act:
Provided further, That, notwithstanding the provisions of section
391 of the Act, the prior year unobligated balances may be made
available for grants for projects for which applications have been
submitted and approved during any fiscal year.
H. J. Res. 2—62
INFORMATION INFRASTRUCTURE GRANTS
For grants authorized by section 392 of the Communications
Act of 1934, as amended, $15,503,000, to remain available until
expended as authorized by section 391 of the Act, as amended:
Provided, That not to exceed $3,097,000 shall be available for
program administration and other support activities as authorized
by section 391: Provided further, That, of the funds appropriated
herein, not to exceed 5 percent may be available for telecommuni-
cations research activities for projects related directly to the
development of a national information infrastructure: Provided fur-
ther, That, notwithstanding the requirements of sections 392(a)
and 392(c) of the Act, these funds may be used for the planning
and construction of telecommunications networks for the provision
of educational, cultural, health care, public information, public
safety, or other social services: Provided further, That, notwith-
standing any other provision of law, no entity that receives tele-
communications services at preferential rates under section 254(h)
of the Act (47 U.S.C. 254(h)) or receives assistance under the
regional information sharing systems grant program of the Depart-
ment of Justice under part M of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use
funds under a grant under this heading to cover any costs of
the entity that would otherwise be covered by such preferential
rates or such assistance, as the case may be.
UNITED STATES PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For necessary expenses of the United States Patent and Trade-
mark Office provided for by law, including defense of suits instituted
against the Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark Office,
$1,015,229,000, to remain available until expended, which amount
shall be derived from offsetting collections assessed and collected
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall
be retained and used for necessary expenses in this appropriation:
Provided, 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 fiscal year 2003 appropriation
from the general fund estimated at $0: Provided further, That
during fiscal year 2003, should the total amount of offsetting fee
collections be less than $1,015,229,000, the total amounts available
to the United States Patent and Trademark Office shall be reduced
accordingly: Provided further, That an additional amount not to
exceed $166,771,000 from fees collected in prior fiscal years shall
be available for obligation in fiscal year 2003, to remain available
until expended: Provided further, That from amounts provided
herein, not to exceed $1,000 shall be made available in fiscal year
2003 for official reception and representation expenses.
H. J. Res. 2—63
SCIENCE AND TECHNOLOGY
TECHNOLOGY ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $9,886,000.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of Standards
and Technology, $359,411,000, to remain available until expended,
of which not to exceed $282,000 may be transferred to the ‘‘Working
Capital Fund’’.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Manufacturing Extension Part-
nership of the National Institute of Standards and Technology,
$106,623,000, to remain available until expended: Provided, That
hereafter the Secretary of Commerce is authorized to enter into
agreements with one or more nonprofit organizations for the pur-
pose of carrying out collective research and development initiatives
pertaining to 15 U.S.C. 278k paragraph (a), and is authorized
to seek and accept contributions from public and private sources
to support these efforts as necessary.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$180,000,000, to remain available until expended, of which
$60,700,000 shall be expended for the award of new grants before
October 1, 2003.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architec-
tural and engineering design, and for renovation and maintenance
of existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by 15 U.S.C.
278c–278e, $66,100,000, to remain available until expended.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft; grants, contracts, or
other payments to nonprofit organizations for the purposes of con-
ducting activities pursuant to cooperative agreements; and reloca-
tion of facilities as authorized, $2,313,519,000, to remain available
until September 30, 2004: Provided, That fees and donations
received by the National Ocean Service for the management of
the national marine sanctuaries may be retained and used for
H. J. Res. 2—64
the salaries and expenses associated with those activities, notwith-
standing 31 U.S.C. 3302: Provided further, That, in addition,
$65,000,000 shall be derived by transfer from the fund entitled
‘‘Promote and Develop Fishery Products and Research Pertaining
to American Fisheries’’: Provided further, That grants to States
pursuant to sections 306 and 306A of the Coastal Zone Management
Act of 1972, as amended, shall not exceed $2,000,000, unless funds
provided for ‘‘Coastal Zone Management Grants’’ exceed funds pro-
vided in the previous fiscal year: Provided further, That if funds
provided for ‘‘Coastal Zone Management Grants’’ exceed funds pro-
vided in the previous fiscal year, then no State shall receive more
than 5 percent or less than 1 percent of the additional funds:
Provided further, That, of the $2,395,519,000 provided for in direct
obligations under this heading (of which $2,313,519,000 is appro-
priated from the General Fund, $65,000,000 is provided by transfer,
and $17,000,000 is derived from deobligations from prior years),
$417,933,000 shall be for the National Ocean Service, $580,066,000
shall be for the National Marine Fisheries Service, $374,740,000
shall be for Oceanic and Atmospheric Research, $698,767,000 shall
be for the National Weather Service, $150,616,000 shall be for
the National Environmental Satellite, Data, and Information
Service, and $173,397,000 shall be for Program Support: Provided
further, That, of the amount provided under this heading,
$273,022,000 shall be for the conservation activities defined in
section 250(c)(4)(K) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That no general
administrative charge shall be applied against an assigned activity
included in this Act and, further, that any direct administrative
expenses applied against an assigned activity shall be limited to
5 percent of the funds provided for that assigned activity so that
total National Oceanic and Atmospheric Administration administra-
tive expenses shall not exceed $243,000,000: Provided further, That
any use of deobligated balances of funds provided under this
heading in previous years shall be subject to the procedures set
forth in section 605 of this Act: Provided further, That the Secretary
of Commerce will designate a National Marine Fisheries Service
Regional Office for the Pacific Area within 60 days of enactment
of this Act: Provided further, That the existing National Marine
Fisheries Service Southwest Region and Fisheries Science Center
and Northwest Region and Fisheries Science Center shall not be
merged or reorganized to form the new National Marine Fisheries
Service Pacific Area Regional Office, that the current structure,
organization, function, and funding of the Southwest and Northwest
Centers will not be changed except for funds that are already
dedicated to the Hawaiian Islands, and that each regional organiza-
tion will have the lead responsibility for its own programs: Provided
further, That the Secretary of Commerce may enter into cooperative
agreements with the Joint and Cooperative Institutes as designated
by the Secretary to use the personnel, services, or facilities of
such organizations for research, education, training, and outreach.
In addition, for necessary retired pay expenses under the
Retired Serviceman’s Family Protection and Survivor Benefits Plan,
and for payments for medical care of retired personnel and their
dependents under the Dependents Medical Care Act (10 U.S.C.
ch. 55), such sums as may be necessary.
H. J. Res. 2—65
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFERS OF FUNDS)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $759,030,000, to remain available
until March 1, 2006, except for funds appropriated for the National
Marine Fisheries Service Honolulu Laboratory and for the National
Environmental Satellites, Data, and Information Service, which
shall remain available until expended: Provided, That unexpended
balances of amounts previously made available in the ‘‘Operations,
Research, and Facilities’’ account for activities funded under this
heading may be transferred to and merged with this account, to
remain available until expended for the purposes for which the
funds were originally appropriated: Provided further, That of the
amounts provided for the National Polar-orbiting Operational
Environmental Satellite System, funds shall only be made available
on a dollar for dollar matching basis with funds provided for the
same purpose by the Department of Defense: Provided further,
That of the amount provided under this heading for expenses nec-
essary to carry out conservation activities defined in section
250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, including funds for the Coastal and
Estuarine Land Conservation Program, $76,179,000, to remain
available until expended: Provided further, That the Secretary shall
establish a Coastal and Estuarine Land Conservation Program,
for the purpose of protecting important coastal and estuarine areas
that have significant conservation, recreation, ecological, historical,
or aesthetic values, or that are threatened by conversion from
their natural or recreational state to other uses: Provided further,
That none of the funds provided in this Act or any other Act
under the heading ‘‘National Oceanic and Atmospheric Administra-
tion, Procurement, Acquisition and Construction’’ shall be used
to fund the General Services Administration’s standard construction
and tenant build-out costs of a facility at the Suitland Federal
Center.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of
Pacific salmon populations and the implementation of the 1999
Pacific Salmon Treaty Agreement between the United States and
Canada, $90,000,000: Provided, That this amount shall be for the
conservation activities defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
In addition, for a final payment pursuant to the 1999 Pacific
Salmon Treaty Agreement, $40,000,000, of which $25,000,000 shall
be deposited in the Northern Boundary and Transboundary Rivers
Restoration and Enhancement Fund, and of which $15,000,000
shall be deposited in the Southern Boundary Restoration and
Enhancement Fund: Provided, That this amount shall be for the
conservation activities defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
H. J. Res. 2—66
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law 95–
372, not to exceed $1,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.
FOREIGN FISHING OBSERVER FUND
For expenses necessary to carry out the provisions of the
Atlantic Tunas Convention Act of 1975, as amended (Public Law
96–339), the Magnuson-Stevens Fishery Conservation and Manage-
ment Act of 1976, as amended (Public Law 100–627), the American
Fisheries Promotion Act (Public Law 96–561) and the International
Dolphin Conservation Program Act (Public Law 105–42), to be
derived from the fees imposed under the foreign fishery observer
program authorized by these Acts, not to exceed $1,000, to remain
available until expended.
FISHERIES FINANCE PROGRAM ACCOUNT
For the cost of direct loans, $287,000, as authorized by the
Merchant Marine Act of 1936, as amended: 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: Provided
further, That these funds are available to subsidize gross obligations
for the principal amount of direct loans not to exceed $5,000,000
for Individual Fishing Quota loans, and not to exceed $59,000,000
for Traditional direct loans, of which not less than $40,000,000
may be used for direct loans to the United States distant water
tuna fleet: Provided further, That none of the funds made available
under this heading may be used for direct loans for any new
fishing vessel that will increase the harvesting capacity in any
United States fishery.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official entertainment, $44,954,000.
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 (5 U.S.C. App. 1–11, as amended by Public Law 100–
504), $20,635,000.
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
SEC. 201. During the current fiscal year, applicable appropria-
tions and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in
the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized
only upon the certification of officials designated by the Secretary
of Commerce that such payments are in the public interest.
H. J. Res. 2—67
SEC. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; services as authorized
by 5 U.S.C. 3109; and uniforms or allowances therefore, as author-
ized by law (5 U.S.C. 5901–5902).
SEC. 203. Hereafter none of the funds made available by this
Act may be used to support the hurricane reconnaissance aircraft
and activities that are under the control of the United States
Air Force or the United States Air Force Reserve.
SEC. 204. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
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 section 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: Provided further, That the Secretary shall notify
the Committees on Appropriations at least 15 days in advance
of the acquisition or disposal of any capital asset (including land,
structures, and equipment) not specifically provided for in this
or any other Commerce, Justice, State Appropriations Act.
SEC. 205. Any costs incurred by a department or agency funded
under this title resulting from personnel actions taken in response
to funding reductions included in this title or from actions taken
for the care and protection of loan collateral or grant property
shall be absorbed within the total budgetary resources available
to such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be necessary
to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section 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 proce-
dures set forth in that section.
SEC. 206. Hereafter the Secretary of Commerce may award
contracts for hydrographic, geodetic, and photogrammetric sur-
veying and mapping services in accordance with title IX of the
Federal Property and Administrative Services Act of 1949.
SEC. 207. The Secretary of Commerce may use the Commerce
franchise fund for expenses and equipment necessary for the
maintenance and operation of such administrative services as the
Secretary determines may be performed more advantageously as
central services, pursuant to section 403 of Public Law 103–356:
Provided, That any inventories, equipment, and other assets per-
taining to the services to be provided by such fund, either on
hand or on order, less the related liabilities or unpaid obligations,
and any appropriations made for the purpose of providing capital
shall be used to capitalize such fund: Provided further, That such
fund shall be paid in advance from funds available to the Depart-
ment and other Federal agencies for which such centralized services
are performed, at rates which will return in full all expenses of
operation, including accrued leave, depreciation of fund plant and
equipment, amortization of automated data processing (ADP) soft-
ware and systems (either acquired or donated), and an amount
H. J. Res. 2—68
necessary to maintain a reasonable operating reserve, as deter-
mined by the Secretary: Provided further, That such fund shall
provide services on a competitive basis: Provided further, That
an amount not to exceed 4 percent of the total annual income
to such fund may be retained in the fund for fiscal year 2003
and each fiscal year thereafter, to remain available until expended,
to be used for the acquisition of capital equipment, and for the
improvement and implementation of department financial manage-
ment, ADP, and other support systems: Provided further, That
such amounts retained in the fund for fiscal year 2003 and each
fiscal year thereafter shall be available for obligation and expendi-
ture only in accordance with section 605 of this Act: Provided
further, That no later than 30 days after the end of each fiscal
year, amounts in excess of this reserve limitation shall be deposited
as miscellaneous receipts in the Treasury: Provided further, That
such franchise fund pilot program shall terminate pursuant to
section 403(f) of Public Law 103–356.
SEC. 208. Notwithstanding any other provision of law, of the
amounts made available elsewhere in this title to the ‘‘National
Institute of Standards and Technology, Construction of Research
Facilities’’, $14,000,000 is appropriated to fund a cooperative agree-
ment with the Medical University of South Carolina, $6,000,000
is appropriated to the Thayer School of Engineering for the
nanocrystalline 
materials 
and 
biomass 
research 
initiative,
$3,000,000 is appropriated to the Institute for Information Infra-
structure Protection at the Institute for Security Technology
Studies, $4,000,000 is appropriated for the Institute for Politics,
and $1,260,000 is appropriated to the Franklin Pierce Manse.
SEC. 209. Of the amount available from the fund entitled ‘‘Pro-
mote and Develop Fishery Products and Research Pertaining to
American Fisheries’’, $10,000,000 shall be provided to develop an
Alaska seafood marketing program. Such amount shall be made
available as a direct lump sum payment to the Alaska Fisheries
Marketing Board (hereinafter ‘‘Board’’) which is hereby established
to award grants to market, develop, and promote Alaska seafood
and improve related technology and transportation with emphasis
on wild salmon, of which 20 percent shall be transferred to the
Alaska Seafood Marketing Institute. The Board shall be appointed
by the Secretary of Commerce and shall be administered by an
Executive Director to be appointed by the Secretary. The Board
shall submit an annual report to the Secretary detailing the
expenditures of the board.
SEC. 210. (a) The Secretary of Commerce is authorized to award
grants and make direct lump sum payments in support of an
international advertising and promotional campaign developed in
consultation with the private sector to encourage individuals to
travel to the United States consisting of radio, television, and
print advertising and marketing programs.
(b) The United States Travel and Tourism Promotion Advisory
Board (hereinafter ‘‘Board’’) is established to recommend the appro-
priate coordinated activities to the Secretary for funding.
(c) The Secretary shall appoint the Board within 30 days of
enactment and shall include tourism-related entities he deems
appropriate.
(d) The Secretary shall consult with the Board and State and
regional tourism officials on the disbursement of funds.
H. J. Res. 2—69
(e) There is authorized to be appropriated $50,000,000, to
remain available until expended, and $50,000,000 is appropriated
to implement this section.
SEC. 211. From funds made available from the ‘‘Operations
and Training’’ account, not more than $50,000 shall be made avail-
able to the Maritime Administration for administrative expenses
to oversee the implementation of this section for the purpose of
recovering economic and national security benefits to the United
States following the default under the construction contract
described in section 8109 of the Department of Defense Appropria-
tions Act for Fiscal Year 1998 (Public Law 105–56): Provided,
That the owner of any ship documented under the authority of
this section shall offset such appropriation through the payment
of fees to the Maritime Administration not to exceed the appropria-
tion and that such fees be deposited as an offsetting collection
to this appropriation: Provided further, That notwithstanding any
other provision of law, one or both ships originally contracted under
section 8109 of Public Law 105–56 may be constructed to completion
in a shipyard located outside of the United States and the owner
thereof (or a related person with respect to that owner) may docu-
ment 1 or both ships under United States flag with a coastwise
endorsement, and notwithstanding any other provision of law, and
not later than 2 years after entry into service of the first ship
contracted for under section 8109 of Public Law 105–56, that owner
(or a related person with respect to that owner) may re-document
under United States flag with a coastwise endorsement 1 additional
foreign-built cruise ship: Provided further, That: (1) the owner of
any cruise ship documented under the authority of this section
is a citizen of the United States within the meaning of 46 U.S.C.
12102(a), (2) the foreign-built cruise ship re-documented under the
authority of this section meets the eligibility requirements for a
certificate of inspection under section 1137(a) of Public Law 104–
324 and applicable international agreements and guidelines referred
to in section 1137(a)(2) thereof and the 1992 Amendments to the
Safety of Life at Sea Convention of 1974, and that with respect
to the re-documented foreign-built cruise ship, any repair, mainte-
nance, alteration, or other preparation necessary to meet such
requirements be performed in a United States shipyard, (3) any
non-warranty repair, maintenance, or alteration work performed
on any ship documented under the authority of this section shall
be performed in a United States shipyard unless the Administrator
of the Maritime Administration finds that such services are not
available in the United States or if an emergency dictates that
the ship proceed to a foreign port for such work, (4) any ship
documented under the authority of this section shall operate in
regular service transporting passengers between or among the
islands of Hawaii and shall not transport passengers in revenue
service to ports in Alaska, the Gulf of Mexico, or the Caribbean
Sea, except as part of a voyage to or from a shipyard for ship
construction, repair, maintenance, or alteration work, (5) no person,
nor any ship operating between or among the islands of Hawaii,
shall be entitled to the preference contained in the second proviso
of section 8109 of Public Law 105–56, and (6) no cruise ship oper-
ating in coastwise trade under the authority of this section or
constructed under the authority of this section shall be eligible
for a guarantee of financing under title XI of the Merchant Marine
Act 1936: Provided further, That any cruise ship to be documented
H. J. Res. 2—70
under the authority of this section shall be immediately eligible
before documentation of the vessel for the approval contained in
section 1136(b) of Public Law 104–324: Provided further, That for
purposes of this section the term ‘‘cruise ship’’ means a vessel
that is at least 60,000 gross tons and not more than 120,000
gross tons (as measured under chapter 143 of title 46, United
States Code) and has berth or stateroom accommodations for at
least 1,600 passengers, the term ‘‘one or both ships’’ means collec-
tively the partially completed hull and related components, equip-
ment, and parts of whatever kind acquired pursuant to the construc-
tion contract described in section 8109 of Public Law 105–56 and
intended to be incorporated into the ships constructed thereto,
the term ‘‘related person’’ means with respect to a person: a holding
company, subsidiary, or affiliate of such person meeting the citizen-
ship requirements of section 12102(a) of title 46, United States
Code, and the term ‘‘regular service’’ means the primary service
in which the ship is engaged on an annual basis.
SEC. 212. (a) The Secretary of Commerce shall implement a
fishing capacity reduction program for the West Coast groundfish
fishery pursuant to section 212 of Public Law 107–206 and 16
U.S.C. 1861a (b)–(e); except that the program may apply to multiple
fisheries; except that within 90 days after the date of enactment
of this Act, the Secretary shall publish a public notice in the
Federal Register and issue an invitation to bid for reduction pay-
ments that specifies the contractual terms and conditions under
which bids shall he made and accepted under this section; except
that section 144(d)(1)(K)(3) of title I, division B of Public Law
106–554 shall apply to the program implemented by this section.
(b) A reduction fishery is eligible for capacity reduction under
the program implemented under this section; except that no vessel
harvesting and processing whiting in the catcher-processors sector
(section 19 660.323(a)(4)(A) of title 50, Code of Federal Regulations)
may participate in any capacity reduction referendum or industry
fee established under this section.
(c) A referendum on the industry fee system shall occur after
bids have been submitted, and such bids have been accepted by
the Secretary, as follows: members of the reduction fishery, and
persons who have been issued Washington, Oregon, or California
Dungeness crab and Pink shrimp permits, shall be eligible to vote
in the referendum to approve an industry fee system; referendum
votes cast in each fishery shall be weighted in proportion to the
debt obligation of each fishery, as calculated in subsection (f) of
this section; the industry fee system shall be approved if the ref-
erendum votes cast in favor of the proposed system constitute
a simple majority of the participants voting; except that notwith-
standing 5 U.S.C. 553 and 16 U.S.C. 1861a(e), the Secretary shall
not prepare or publish proposed or final regulations for the
implementation of the program under this section before the ref-
erendum is conducted.
(d) Nothing in this section shall be construed to prohibit the
Pacific Fishery Management Council from recommending, or the
Secretary from approving, changes to any fishery management plan,
in accordance with applicable law; or the Secretary from promul-
gating regulations (including regulations governing this program),
after an industry fee system has been approved by the reduction
fishery.
H. J. Res. 2—71
(e) The Secretary shall determine, and state in the public
notice published under paragraph (a), all program implementation
aspects the Secretary deems relevant.
(f) Any bid submitted in response to the invitation to bid
issued by the Secretary under this section shall be irrevocable;
the Secretary shall use a bid acceptance procedure that ranks
each bid in accordance with this paragraph and with additional
criteria, if any, established by the Secretary: for each bid from
a qualified bidder that meets the bidding requirements in the
public notice or the invitation to bid, the Secretary shall determine
a bid score by dividing the bid’s dollar amount by the average
annual total ex-vessel dollar value of landings of Pacific groundfish,
Dungeness crab, and Pink shrimp based on the 3 highest total
annual revenues earned from such stocks that the bidder’s reduction
vessel landed during 1998, 1999, 2000, or 2001. For purposes of
this paragraph, the term ‘‘total annual revenue’’ means the revenue
earned in a single year from such stocks. The Secretary shall
accept each qualified bid in rank order of bid score from the lowest
to the highest until acceptance of the next qualified bid with the
next lowest bid score would cause the reduction cost to exceed
the reduction loan’s maximum amount. Acceptance of a bid by
the Secretary shall create a binding reduction contract between
the United States and the person whose bid is accepted, the
performance of which shall be subject only to the conclusion of
a successful referendum, except that a person whose bid is accepted
by the Secretary under this section shall relinquish all permits
in the reduction fishery and any Dungeness crab and Pink shrimp
permits issued by Washington, Oregon, or California; except that
the Secretary shall revoke the Pacific groundfish permit, as well
as all Federal 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.
(g) The Secretary shall establish separate reduction loan sub-
amounts and repayment fees for fish sellers in the reduction fishery
and for fish sellers in each of the fee-share fisheries by dividing
the total ex-vessel dollar value during the bid scoring period of
all reduction vessel landings from the reduction fishery and from
each of the fee-share fisheries by the total such value of all such
landings for all such fisheries; and multiplying the reduction loan
amount by each of the quotients resulting from each of the divisions
above. Each of the resulting products shall be the reduction loan
sub-amount for the reduction fishery and for each of the fee-share
fisheries to which each of such products pertains; except that,
each fish seller in the reduction fishery and in each of the fee-
share fisheries shall pay the fees required by the reduction loan
sub-amounts allocated to it under this paragraph; except that,
the Secretary may enter into agreements with Washington, Oregon,
and California to collect any fees established under this paragraph.
(h) Notwithstanding 46 U.S.C. App. 1279(b)(4), the reduction
loan’s term shall not be less than 30 years.
(i) It is the sense of the Congress that the States of Washington,
Oregon, and California should revoke all relinquishment permits
in each of the fee-share fisheries immediately after reduction pay-
ment, and otherwise to implement appropriate State fisheries
management and conservation provisions in each of the fee-share
fisheries that establishes a program that meets the requirements