H. R. 4818—73
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:
Provided further, That beginning in fiscal year 2006 and for each
fiscal year thereafter, the Secretary of Commerce shall include
in the budget justification materials that the Secretary submits
to Congress in support of the Department of Commerce budget
(as submitted with the budget of the President under section 1105(a)
of title 31, 10 United States Code) an estimate for each National
Oceanic and Atmospheric Administration procurement, acquisition
and construction program having a total multiyear program cost
of more than $5,000,000 and simultaneously the budget justification
materials shall include an estimate of the budgetary requirements
for each such program for each of the 5 subsequent fiscal years.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of
Pacific salmon populations, $90,000,000: Provided, That section
628(2)(A) of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2001 (16
U.S.C. 3645) is amended—
(1) by striking ‘‘2000, 2001, 2002, and 2003’’ and inserting
‘‘2005’’, and
(2) by inserting ‘‘Idaho,’’ after ‘‘Oregon,’’.
COASTAL ZONE MANAGEMENT FUND
Of amounts collected pursuant to section 308 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed
$3,000,000 shall be transferred to the ‘‘Operations, Research, and
Facilities’’ account to offset the costs of implementing such Act.
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law 95–
372, not to exceed $499,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.
FISHERIES FINANCE PROGRAM ACCOUNT
For the costs of direct loans, $287,000, 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 only 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 $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 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.
H. R. 4818—74
OTHER
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, $48,109,000: Provided,
That not to exceed 12 full-time equivalents and $1,621,000 shall
be expended for the legislative affairs function of the Department.
UNITED STATES TRAVEL AND TOURISM PROMOTION
For necessary expenses of the United States Travel and
Tourism Promotion Program, as authorized by section 210 of Public
Law 108–7, for programs promoting travel to the United States
including grants, contracts, cooperative agreements and related
costs, $10,000,000, to remain available until September 30, 2006.
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
(5 U.S.C. App.), $21,660,000.
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.
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. 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 of Commerce
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 Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act.
SEC. 204. 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
H. R. 4818—75
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. 205. Hereafter, none of the funds made available by this
or any other Act for the Department of Commerce shall be available
to reimburse the Unemployment Trust Fund or any other fund
or account of the Treasury to pay for any expenses authorized
by section 8501 of title 5, United States Code, for services performed
by individuals appointed to temporary positions within the Bureau
of the Census for purposes relating to the decennial censuses of
population.
SEC. 206. 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 the Alaska
Fisheries Marketing Board, $1,000,000 shall be available for the
‘‘Wild American Shrimp Initiative’’, and $1,000,000 shall be avail-
able for the Gulf Oyster Industry Education Program: Provided,
That: (1) the Alaska Fisheries Marketing Board (hereinafter ‘‘the
Board’’) shall be a nonprofit organization and not an agency or
establishment of the United States; (2) the Secretary may appoint,
assign, or otherwise designate as Executive Director an employee
of the Department of Commerce, who may serve in an official
capacity in such position, with or without reimbursement, and
such appointment or assignment shall be without interruption or
loss of civil service status or privilege; and (3) the Board may
adopt bylaws consistent with the purposes of this section, and
may undertake other acts necessary to carry out the provisions
of this section.
SEC. 207. (a) Hereafter, the Secretary of Commerce is author-
ized to operate a marine laboratory in South Carolina in accordance
with a memorandum of agreement, including any future amend-
ments, among the National Oceanic and Atmospheric Administra-
tion, the National Institute of Standards and Technology, the State
of South Carolina, the Medical University of South Carolina, and
the College of Charleston as a partnership for collaborative, inter-
disciplinary marine scientific research.
(b) To carry out subsection (a), the agencies that are partners
in the Laboratory may accept, apply for, use, and spend Federal,
State, private and grant funds as necessary to further the mission
of the Laboratory without regard to the source or of the period
of availability of these funds and may apply for and hold patents,
as well as share personnel, facilities, and property. Any funds
collected or accepted by any partner may be used to offset all
or portions of its costs, including overhead, without regard to 31
U.S.C. 143302(b); to reimburse other participating agencies for all
or portions of their costs; and to fund research and facilities expan-
sion. Funds for management and operation of the Laboratory may
be used to sustain basic laboratory operations for all participating
entities. The Secretary of Commerce is authorized to charge fees
and enter into contracts, grants, cooperative agreements and other