H. R. 2673—66
$14,604,000, to remain available until September 30, 2005: Pro-
vided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of
Commerce shall charge Federal agencies for costs incurred in spec-
trum 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 the Secretary of Commerce is
authorized to retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government agen-
cies for all costs incurred in telecommunications research,
engineering, and related activities by the Institute for Telecommuni-
cation Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other Govern-
ment agencies shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION
For grants authorized by section 392 of the Communications
Act of 1934, $22,000,000, to remain available until expended as
authorized by section 391 of the Act: Provided, That not to exceed
$2,000,000 shall be available for program administration as author-
ized by section 391 of the Act: Provided further, That, notwith-
standing 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.
INFORMATION INFRASTRUCTURE GRANTS
For grants authorized by section 392 of the Communications
Act of 1934, $15,000,000, to remain available until expended as
authorized by section 391 of the Act: Provided, That not to exceed
$3,000,000 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 telecommunications research activities for
projects related directly to the development of a national informa-
tion infrastructure: Provided further, 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 telecommuni-
cations networks for the provision of educational, health care, or
public information: Provided further, That, notwithstanding any
other provision of law, no entity that receives telecommunications
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 Department 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.
H. R. 2673—67
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,
$1,222,460,000, 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 2004, so as to result in a fiscal year 2004 appropriation
from the general fund estimated at $0: Provided further, That
during fiscal year 2004, should the total amount of offsetting fee
collections be less than $1,222,460,000, the total amounts available
to the United States Patent and Trademark Office shall be reduced
accordingly: Provided further, That from amounts provided herein,
not to exceed $1,000 shall be made available in fiscal year 2004
for official reception and representation expenses: Provided further,
That, notwithstanding section 1353 of title 31, United States Code,
no employee of the United States Patent and Trademark Office
may accept payment or reimbursement from a non-Federal entity
for travel, subsistence, or related expenses for the purpose of
enabling an employee to attend and participate in a convention,
conference, or meeting when the entity offering payment or
reimbursement is a person or corporation subject to regulation
by the Office, or represents a person or corporation subject to
regulation by the Office, unless the person or corporation is an
organization exempt from taxation pursuant to section 501(c)(3)
of the Internal Revenue Code of 1986.
SCIENCE AND TECHNOLOGY
TECHNOLOGY ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for Technology
Office of Technology Policy, $6,411,000.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of Standards
and Technology, $344,366,000, 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,
$39,607,000, to remain available until expended.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
H. R. 2673—68
$179,175,000, to remain available until expended, of which
$60,700,000 shall be expended for the award of new grants before
September 30, 2004.
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, $64,954,000, 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, $2,686,520,000, to remain available
until September 30, 2005, except for funds provided for cooperative
enforcement which shall remain available until September 30, 2006:
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 the salaries and expenses associated
with those activities, notwithstanding 31 U.S.C. 3302: Provided
further, That, in addition, $62,000,000 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 Manage-
ment Grants’’ exceed funds provided in the previous fiscal year:
Provided further, That if funds provided for ‘‘Coastal Zone Manage-
ment Grants’’ exceed funds provided 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
$2,748,520,000 provided for in direct obligations under this heading
(of which $2,686,520,000 is appropriated from the General Fund
and $62,000,000 is provided by transfer), $513,910,000 shall be
for the National Ocean Service, $639,990,000 shall be for the
National Marine Fisheries Service, $400,813,000 shall be for Oce-
anic and Atmospheric Research, $729,685,000 shall be for the
National Weather Service, $153,827,000 shall be for the National
Environmental Satellite, Data, and Information Service, and
$310,295,000 shall be for Program Support: Provided further, That
no general administrative charge shall be applied against an
assigned activity included in this Act or the report accompanying
this Act: Provided further, That deobligated balances of funds pro-
vided under this heading in previous years shall be deposited in
the United States Treasury General Fund: Provided further, That
payments of funds made available under this heading to the Depart-
ment of Commerce Working Capital Fund shall not exceed
$38,758,000: Provided further, That none of the funds under this
H. R. 2673—69
heading are available to alter the existing structure, organization,
function, and funding of the National Marine Fisheries Service
Southwest Region and Fisheries Science Center and Northwest
Region and Fisheries Science Center: Provided further, That, here-
after, the Secretary of Commerce may enter into cooperative agree-
ments 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:
Provided further, That of the amounts appropriated under this
heading, $1,207,000 shall be transferred to and merged with funds
appropriated under the heading, ‘‘Salaries and Expenses, Marine
Mammal Commission’’, of which $500,000 shall remain available
until September 30, 2005: Provided further, That none of the funds
in this Act may be used for the National Oceanic and Atmospheric
Administration to implement the Department of Commerce’s E-
Government initiatives.
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.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $990,127,000, to remain available
until September 30, 2006, except for funds appropriated for the
National Marine Fisheries Service Honolulu Laboratory and the
Marine Environmental Health Research Laboratory, which shall
remain available until expended: Provided, 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 none of
the funds provided in this Act or any other Act under the heading
‘‘National Oceanic and Atmospheric Administration, 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, $90,000,000.
FISHERIES FINANCE PROGRAM ACCOUNT
For the costs of direct loans as authorized by the Merchant
Marine Act of 1936: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in the Federal Credit
Reform Act of 1990: Provided further, That these funds are available
to subsidize gross obligations for the principle 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
$40,000,000 may be used for direct loans to the United States
distant water tuna fleet, and of which $19,000,000 may be used
for direct loans to the United States menhaden fishery: Provided